Home 2013 February
Bankruptcies Departments

The following bankruptcy petitions were recently filed in U.S. Bankruptcy Court. Readers should confirm all information with the court.

 

Antonuzzo, John R.

Antonuzzo, Christine M.

PO Box 418

Southwick, MA 01077

Chapter: 7

Filing Date: 01/30/13

 

Barbato, Eric D.

Barbato, Angela M.

31 Lincoln Ave.

Orange, MA 01364

Chapter: 7

Filing Date: 01/31/13

 

Beaudry, Bernadette A.

a/k/a Zielinski, Bernadette A.

45 Amherst Ave.

Feeding Hills, MA 01030

Chapter: 7

Filing Date: 01/31/13

 

Bourdeau, Kyle T.

415 Holyoke St.

Ludlow, MA 01056

Chapter: 7

Filing Date: 01/24/13

 

Brown, Melissa R.

20 Cranberry Dr.

Holyoke, MA 01040

Chapter: 7

Filing Date: 01/30/13

 

Buck, Ronald D.

Buck, Tammy L.

130 Donbray Road

Springfield, MA 01119

Chapter: 7

Filing Date: 01/24/13

 

Burdeau, Theresa R.

3 Susan Dr.

Easthampton, MA 01027

Chapter: 7

Filing Date: 01/24/13

 

Cappelli, Mark A.

Cappelli, Jessica M.

6 Blue Hill Road

Great Barrington, MA 01230

Chapter: 7

Filing Date: 01/24/13

 

Claudio, Sonia A.

111 Nassau Dr.

Springfield, MA 01129

Chapter: 7

Filing Date: 01/25/13

 

Claus, Dorothy M.

86B Sugarloaf St.

South Deerfield, MA 01373

Chapter: 7

Filing Date: 01/29/13

 

Colwell, John P.

Colwell, Dolores E.

176 Columbus Ave. Apt 724

Pittsfield, MA 01201

Chapter: 7

Filing Date: 01/30/13

 

Danalis, Stephen G.

Danalis, Sherry L.

59 Firglade Ave.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/24/13

 

Darr, Steven A.

134 Union St., Unit 53

Westfield, MA 01085

Chapter: 7

Filing Date: 01/23/13

 

Deal, Cora B.

90 Braddock St.

Springfield, MA 01109

Chapter: 7

Filing Date: 01/25/13

 

Denison, Christopher J.

8 Spring St., Apt. 3R

South Hadley, MA 01075

Chapter: 7

Filing Date: 01/30/13

 

Garrity, Francis

745 Cape St.

Lee, MA 01238

Chapter: 13

Filing Date: 01/17/13

 

Gaudreau, John P.

76 Hmpden St.

Indian Orchard, MA 01151

Chapter: 7

Filing Date: 01/31/13

 

Gorski, Peter J.

1069 Central St.

Palmer, MA 01069

Chapter: 7

Filing Date: 01/23/13

 

Gryszowka, Jonathan S.

18 Crestview Dr.

Belchertown, MA 01007

Chapter: 7

Filing Date: 01/21/13

 

Hart, Charles

35 Fourth Ave.

Cheshire, MA 01225

Chapter: 7

Filing Date: 01/18/13

 

Horniak, Nickolas J.

55 Alhambra Circle South

Agawam, MA 01001

Chapter: 7

Filing Date: 01/22/13

 

Humel, Steven E.

29 Mount Royal St.

Chicopee, MA 01020

Chapter: 7

Filing Date: 01/25/13

 

Jones, Robert C.

17 Sumner Ave., Apt. 4

Springfield, MA 01108

Chapter: 7

Filing Date: 01/22/13

 

Jovan, Alexander

91 Lord Terrace

Chicopee, MA 01020

Chapter: 7

Filing Date: 01/23/13

 

Kimball, Philip H.

Kimball, Kathi L.

43 Perry Lane

Agawam, MA 01001

Chapter: 7

Filing Date: 01/28/13

 

Komssi, Michael J.

Komssi, Sarah A.

156 Wales Road

Brimfield, MA 01010

Chapter: 13

Filing Date: 01/24/13

 

Kozar, Steven

Kozar, Katarina

70 Greystone Ave.

West Springfield, MA 01089

Chapter: 7

Filing Date: 01/30/13

 

Kulik, Juan C.

182 Brookfield Lane

Agawam, MA 01001

Chapter: 7

Filing Date: 01/31/13

 

Lamy, Ralph G.

Baxendale-Lamy, Barbara A.

43 Shirley St.

Chicopee, MA 01020

Chapter: 7

Filing Date: 01/25/13

 

Laplante, Keith W.

Laplante, Judith B.

18 Strong Farm Lane

South Hadley, MA 01075

Chapter: 7

Filing Date: 01/21/13

 

M&N Trucking

Merzoian, Jerier B.

a/k/a Merzoian, Jerry

31 Biltmore St.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/17/13

 

Martelli, Lisa

815 Willimasville Road

Barre, MA 01005

Chapter: 7

Filing Date: 01/31/13

 

Mcintosh, Henry C.

1081 Cascade St.

Mailing Box 714 01202

Pittsfield, MA 01201

Chapter: 7

Filing Date: 01/25/13

 

Menard, Roland

72 East Allen Ridge Road

Springfield, MA 01118

Chapter: 7

Filing Date: 01/29/13

 

Mitchell, Annika M.

a/k/a Markham, Annika M.

P.O. Box 794

Lee, MA 01238

Chapter: 7

Filing Date: 01/17/13

 

Notre, Alan

44 Meadow Lane

Orange, MA 01364

Chapter: 7

Filing Date: 01/18/13

 

O’Clair, Norma J.

414 Chestnut St.

Springfield, MA 01104

Chapter: 7

Filing Date: 01/18/13

 

Ortiz, Zoraida

990 Chicopee St.

Chicopee, MA 01013

Chapter: 7

Filing Date: 01/21/13

 

Paradis, Russell S.

45B Colonial Circle

Chicopee, MA 01020

Chapter: 7

Filing Date: 01/17/13

 

Provost, David Paul

Provost, Suzanne Marie

2118 Palmer St.

Three Rivers, MA 01080

Chapter: 13

Filing Date: 01/31/13

 

Rajpold, Adolf S.

Rajpold, Maria A.

122 Stedman St.

Chicopee, MA 01013

Chapter: 7

Filing Date: 01/17/13

 

Rajpold, Robert J.

30 Sunnymeade Ave.

Chicopee, MA 01020

Chapter: 7

Filing Date: 01/17/13

 

Ralys, Thomas A.

Ralys, Cathy J.

191 Ashland St. #310

North Adams, MA 01247

Chapter: 13

Filing Date: 01/23/13

 

Ryder, Donna M.

9 Wells St.

Greenfield, MA 01301

Chapter: 7

Filing Date: 01/31/13

 

Ryder, Robert J.

206 Intervale Ave.

Athol, MA 01331

Chapter: 7

Filing Date: 01/29/13

 

Sanders, Dreana C.

17 Brunswick St.

Springfield, MA 01108

Chapter: 13

Filing Date: 01/18/13

 

Sauer, Kevin C.

72 Howard St.

Pittsfield, MA 01201

Chapter: 7

Filing Date: 01/22/13

 

Sawin, Christine L.

a/k/a Martin, Christine L.

45 Johnson Road

Orange, MA 01364

Chapter: 7

Filing Date: 01/31/13

 

Sfakios, Kyriakos

a/k/a Sfakios, Charles

17 Bonnie View Road

Southwick, MA 01077

Chapter: 7

Filing Date: 01/22/13

 

Shah, Simon

P.O. Box 365

Deerfield, MA 01342

Chapter: 7

Filing Date: 01/25/13

 

Simmons, James S.

Simmons, Jane F.

37 Somers Road

East Longmeadow, MA 01028

Chapter: 7

Filing Date: 01/22/13

 

Slowik, John P.

46 Ashfield Road

Williamsburg, MA 01096

Chapter: 7

Filing Date: 01/31/13

 

Stavroulakis, Cecile P.

43 Sunapee St.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/29/13

 

Sullivan, Barry J.

8 Jonathan Judd Circle

Southampton, MA 01073

Chapter: 7

Filing Date: 01/22/13

 

Szafranski, Cary L.

162 North Main St.

East Longmeadow, MA 01028

Chapter: 7

Filing Date: 01/31/13

 

Therrien, Raymond A.

149 Mazarin St.

Indian Orchard, MA 01151

Chapter: 7

Filing Date: 01/28/13

 

Trudell, Melinda A.

25 Charles St.

Three Rivers, MA 01080

Chapter: 7

Filing Date: 01/30/13

 

Valentin, Lydia I.

86 Debra Dr., Apt. 2C

Chicopee, MA 01020

Chapter: 7

Filing Date: 01/23/13

 

Vanasse, Barbara Jean

110 1/2 Pleasant St.

Ware, MA 01082

Chapter: 7

Filing Date: 01/24/13

 

Vazquez, Wanda

601 Hampden St.

Holyoke, MA 01040

Chapter: 7

Filing Date: 01/23/13

 

Vears, Ann Marie

122 Benton Place

Athol, MA 01331

Chapter: 7

Filing Date: 01/28/13

 

Waterman, Patrick A.

45 Enterprise St.

Adams, MA 01220

Chapter: 7

Filing Date: 01/18/13

 

Witholt, Wolter Daniel

59 Firglade Ave.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/23/13

 

Young, Garry L.

800 Franklin St., Apt. #3

Belchertown, MA 01007

Chapter: 13

Filing Date: 01/28/13

Features
Holyoke’s Planning Leader Welcomes Sky-high Expectations for the City

PlannerMarreroHolyoke

 

 

Marcos Marrero remembers that there was about a month between when he received the phone call from Mayor Alex Morse telling him he was being offered the job of planning and economic development director for Holyoke (which he quickly accepted) and when he actually moved into his office at One Court Plaza.

And he recalls spending it doing some very hard cramming on the nation’s first planned industrial city.

“That was Holyoke-intensive studying — I was consuming, eating, and breathing Holyoke every day for a month,” he told BusinessWest, adding that he learned as much as he could about its history, demographics, politics, neighborhoods, ongoing projects, and future prospects. “I said, ‘give me all the plans … I want the master plan, any redevelopment plans — just lay it on me.’”

Along the way, he remembers having an odd sensation of feeling sorry in some way for the people who held that post before him. They had essentially laid the track, he said, referring to predecessors Kathleen Anderson, now president of the city’s Chamber of Commerce, and Jeff Hayden, now an administrator at Holyoke Community College, and he was going to be in a position to see that hard work yield some tremendous benefits for the city.

Such initiatives include the Massachusetts Green High Performance Computing Center, which opened its doors last year; the pending reintroduction of rail service to the city, a development that should open some new doors of opportunity to the community; completion of the challenging renovation of the downtown fire station into a intramodal transportation center and education facility; movement toward creation of a thriving creative economy in the city; and continued evolution of this former manufacturing hub into a more diverse economy that also features the arts, technology, and retail.

“My impression was that this was really unfair to all my predecessors,” Marrero recalled. “Because I could see the arc of the past 20 years, and how everyone in Holyoke had worked together to put Holyoke in the position it’s in today.

“Not that this a slam dunk, by any means, what’s happening now,” he continued. “But I felt the conditions were such that, with good leadership, good vision, and help from community stakeholders, this city could just take off. I’m standing on the shoulders of the work that other people have done.”

And while appreciative of that hard work that’s been undertaken by those who occupied the office before him, Marrero, who just turned 30 and is part of a youth movement in Holyoke city government (Morse is only 24), said there is obviously considerable work still to be done, specifically in the realm of meeting and perhaps even exceeding the sky-high expectations many have for Holyoke to become a place where people want to live, work, and start a business.

“Right after the press announcement of my appointment, I remember being taken aback by the expectations that were thrown out there, and I said to the mayor, ‘this is not my modus operandi — I’d rather promise little and overdeliver,’” Marrero recalled. “And he said something to the effect of, ‘nope, you can’t do that here — the expectations are really high.’ And I said, ‘OK, challenge accepted.’”

For this issue, BusinessWest talked at length with Marrero about this very intriguing time in Holyoke’s history, those high expectations he mentioned, and how he, Morse, and other city officials plan to work together to turn potential into reality.

 

Background — Check

When asked how he came to occupy the front office in the municipal facility just a block or so from City Hall, Marrero paused for a second, glanced toward the ceiling, and offered a heavy sigh.

He did all that to indicate that there were a number of circumstances that brought him to this place and time — from developments in his wife’s medical career that eventually took her to Baystate Medical Center and the couple to Western Mass., to the departure of Anderson, to the ascension of Morse, who, as he interviewed a number of candidates for the planning and economic development post, became impressed with Marrero’s opinions on everything from modern urban renewal to reinventing Gateway cities.

Our story starts in New York City, where Marrero was born, but the scene quickly shifts to Puerto Rico, where he spent much of his youth, was educated, and started his career in planning and economic development. While attending the University of Puerto Rico, he initially majored in computer science (the technology field was still booming at the time), but soon shifted gears and ventured into political science and economics.

Upon graduating in 2004, he took a job as an economic analyst for the Puerto Rico Industrial Development Co., and soon thereafter started applying to graduate schools. He was accepted into the Woodrow Wilson School of Public and International Affairs and earned dual master’s degrees in Public Affairs and Urban and Regional Planning. While there, he studied under Lisa Jackson, who would go on to lead the Department of Environmental Protection and do considerable work in the broad field of climate change.

He took those diplomas and went to work in the governor’s office in San Juan, Puerto Rico, acting as a deputy advisor on federal affairs, energy, and climate change. When the governor lost in the next election, though, he was out of a job.

It was about this time that Marrero’s wife, Wanda, was applying for residency positions and found one within the Tufts University system “at somewhere called Springfield,” he remembers her saying. From there, she took a job at St. Vincent’s Hospital in New York, and Marrero found employment at the New York City Economic Development Corp.’s Energy Policy Office.

But they both had to start sending out résumés when St. Vincent’s abruptly closed after a prolonged period of economic woes. Wanda found a position at Baystate, while Marcos eventually found work as an adjunct professor at UMass Amherst, teaching Environmental Policy. He would later apply for, and win, a job as a land-use environmental planner for the Pioneer Valley Planning Commission in 2011.

This takes us up to the spring of 2012, when Anderson became the successor to Doris Ransford, the longtime director of the Greater Holyoke Chamber of Commerce, and Morse commenced a search for someone to fill her shoes. He eventually contacted Marrero at the recommendation of a mutual friend, and an interview was scheduled, although Marrero had his apprehensions about the position.

“Having worked with economic-development corporations before, I had the sense that a lot of politicians had a very narrow view of economic development,” he explained. “Like corporate welfare, or just getting projects done at any cost or without any regard for a more comprehensive view of what makes an economy work and what makes a city work.

“Sometimes you can’t really explain it all in dollars and cents,” he went on, adding that, the more the two talked, the more he came to believe that Morse had a better, much broader view on the subject. “The meeting was a feeler as much for me as it was for him.”

Those vibes, coupled with his strong first impressions of the city, erased any doubts he had about the position.

“I said, ‘these people get what economic development is all about,’” he recalled. “And I saw the layout of Holyoke, the canals, the grid, and the old buildings … there’s something about this place. It’s abuzz with energy, and when I got that same feeling from the mayor, I said, ‘I really want this job.’”

State of the City

Marrero remembers one of his first encounters with the City Council; actually, it was one of its subcommittees.

There was some tension and disagreement over items up for discussion, to the point where one of the councilors offered a form of mild apology. Marrero recalls being taken aback by such talk — as well as his desire to put things in their proper perspective.

“I said, ‘have you seen Puerto Rican politics?’” he recalled with a hearty laugh. “I said, ‘I thought it was a great meeting.’ The governor in Puerto Rico that I was working for had a legislature dominated by members of the other party; it was sort of like what President Obama is going through with the Republican House — but on speed. There was no legislation he could get passed, and in fact the government shut down in 2006 because they couldn’t agree on anything.”

That experience in council chambers has been part of an intriguing learning curve for Marrero, one he said is certainly ongoing, and also one of many examples of how he intends to put some of those stops on his résumé — and even his time studying computer science — to work in his current position.

To date, he said there has been progress on many key issues, and what he considers a solid working relationship between the administration and the City Council. As just one example, he cited the hiring of the city’s first ‘creative economy coordinator.’

“The mayor had presented the idea for an arts and culture director,” he explained. “There were some reservations, and I think the mayor was very receptive to some of the comments and concerns the councilors had, and, to his credit, he modified the proposal to include some of those comments, on such matters as the administrative costs related to that position and how it will support economic development.”

Looking ahead, he said he’s anticipating a similar cooperative spirit on such matters as leveraging the High Performance Computing Center, redeveloping the former Holyoke Catholic High School campus in the heart of downtown (work is slated to begin later this year), progress on the next stages of the Canal Walk, bringing passenger rail service back to the city (construction on the new platform is slated for the fall), building on what is already a solid foundation in the creative economy, and attracting more businesses and residents to the city.

“There are a lot of things going on in the city, and when individuals’ hopes and work are rewarded by seeing these physical manifestations of their efforts, it feeds in a positive way into their expectations, but also the belief that their hard work will pay off. So 2013 is going to be a very exciting year.”

Looking further down the road, Marrero said that, while his predecessors have done considerable work to fill in some of the canvas that is Holyoke’s present and future, there is still the need for more broad strokes and imagination.

As an example, he cited the large number of vacant, unused properties that still remain in Holyoke and have been identified for acquisition by the city in its urban-renewal plan — a total of about 32 acres of land, by his estimation.

“Holyoke has plenty of space to grow, and we need to do it in a way that’s different than urban renewal in other cities, which unfortunately has meant urban removal of certain communities, usually the poor, ethnic minorities, people who speak differently,” he explained. “That’s the tarnished past of urban renewal; it’s just a reality. We have the opportunity here to do it differently and do it in a way that builds on the strengths of our community and creates opportunities for everyone in the community.”

And this brings him back to that subject of expectations, something he’s not intimidated by because there are others working with and beside him to meet them.

“The reality is that with expectations comes a lot of support, and people here are willing to go the extra mile,” he said, referring to a number of constituencies — “be it a board member or volunteer, people who just want to share their ideas, state partners that are willing to look at your proposals more than once, partners who provide vital funding to make projects happen, people who connect with other partners to make projects happen, like the Innovation District Task Force, and city employees who are willing to stay until 10 at night with you to get something done.

“You don’t see that everywhere and at anytime,” he went on. “And that’s why I feel comfortable with the expectations; it’s not just on me. I think this city expects a lot of itself, and people come through.”

 

Bottom Line

Returning to his thoughts on what he learned and what he experienced during his month of Holyoke-intensive studying, Marrero said there was a good deal of humility when it came to all the track-laying work undertaken by his predecessors in planning and economic development.

That emotion has essentially given way to resolve, he went on, and a commitment to take full advantage of the hand that he’s been dealt and fulfill those sky-high expectations for the city.

As Morse told him when Marrero was first introduced to the media, there is no promising little and then overdelivering in Holyoke — there’s too much progress in many key areas and too many critical building blocks already in place for that.

But, as he said in response to the mayor, ‘challenge accepted.’

 

George O’Brien can be reached at [email protected]

Features
Pittsfield Remakes Itself as Center for Arts, Sciences
Daniel Bianchi

Daniel Bianchi says young people are moving to Pittsfield from metropolitan areas and opening businesses that utilize cutting-edge technology.

Mayor Daniel Bianchi has a vision for the future.

It’s decidedly ambitious, but coupled with a strategic plan designed to make Pittsfield the center for life sciences in Western Mass.

“Gov. Deval Patrick is adamant about making Massachusetts the life-science capital of the world, and I want Pittsfield and Berkshire County to be the western end of that,” Bianchi told BusinessWest.

The cornerstone of his plan is the proposed Berkshire Life Sciences Center, which has a $6.5 million earmark from the state and will be situated in the new William Stanley Business Park, on 50 acres of ground once occupied by General Electric’s large transformer-manufacturing complex.

“We like to think that ideas can be brainstormed in Boston but can be built here in the Berkshires, and we plan to leverage the $6.5 million with private investments. We know we won’t attract research companies, but once they are ready to commercialize a product, they can come to the beautiful Berkshires and rent space at $50 a square foot,” Bianchi said, adding that agriculture plays a significant role in the area and is related to the life sciences and green energy.

Another part of the park will be utilized for traditional manufacturing, but Bianchi noted that Pittsfield is a great place for any business to position itself, due to its geographic location and comparatively low cost of living. “Synergy is a key word here, and we are examining that as part of our business plan, because clustering is so important, especially in the life sciences.”

The plastics industry is already flourishing in Pittsfield, as are small companies that make innovative medical devices. And some of the most sophisticated work being done for the armed forces is taking place at General Dynamics Advanced Information Systems.

In addition, the city’s Economic Revitalization Corp. was selected as one of four communities in the state to receive a $150,000 grant to help small businesses increase their Internet use.

Bianchi has also started a fund for small companies that are successful, but need help to expand their operations. “We are hoping to grow from within, and the money we set aside for these businesses is pegged for job creation,” he said. “But our strength isn’t only in our community, but the entire region. Pittsfield is the largest city in Berkshire County, but we are fostering collaborative economic development.”

Meanwhile, the city has undergone a real renaissance, especially in the cultural arena. Year-round events staged by the Office of Cultural Development have spawned a number of new restaurants and retail shops, as well as new apartment complexes created within the shells of historic buildings that are rented as quickly as they are built.

In fact, young people are flocking to the city from New York and other metropolitan areas and opening businesses that utilize cutting-edge technology. As Bianchi sees it, they are moving to Pittsfield for a reason.

“There is a lot to be said about the great lifestyle here. People who live here can leave work at 5 p.m. and be on a ski lift at 5:30,” he said. “We have state forests, beautiful lakes, and very competitively priced land and real estate, along with a solid educational system that includes both a four-year and two-year college. And one of my goals is to build a technical vocational high school, which will be a great boon to economic development.”

Bonnie Galant, acting director of the department of Community Development, is working collaboratively with Bianchi and others to fuel the city’s progress. “There is so much going on here that it is hard to keep track of, and it’s incredible to see how much Pittsfield has changed,” she said. “People who haven’t been here for years wouldn’t even recognize the city. There is an amazing difference in the skyline, and we are trying to encourage the life sciences because it is an up-and-coming industry for the future, especially here in the Berkshires where the cost of living and doing business is significantly less than in Boston.”

 

Cultural Leader

Bonnie Galant

Bonnie Galant says people are amazed at the amount of money being invested in Pittsfield.

Pittsfield’s new Upstreet Cultural District was the first area west of Boston to be designated as a cultural district by the state, and director of Cultural Development Megan Whilden has been named a Gateway Cities Innovation Institute senior fellow.

“We are one of only five communities in Massachusetts with this designation; the rest are in the eastern part of the state, and we are seen as a leader in cultural revitalization, especially among Gateway Cities,” she told BusinessWest.

The Upstreet District encompasses most of the downtown area, and the name is a throwback to yesteryear. “Upstreet was what the old-timers called downtown. We have tried to integrate the old with the new so everyone feels included when it comes to the arts,” Whilden added.

Their efforts have been successful, and thousands of people visit Pittsfield each year to take part in cultural offerings, which range from First Friday Art Walks to Third Thursday events, an annual Jazz Festival, the Latino-American Family Fiesta de Pittsfield, and a popular Ethnic Fair.

In addition, the Office of Cultural Development manages the Lichtenstein Center for the Arts, a year-round community-arts center owned by the city, which features monthly exhibitions, performances and classes, as well as working artist studios.

Its most recent event was the 10×10 Upstreet Arts Festival, held Feb. 14-24, which was an enormous success. “It’s a contemporary arts festival held downtown that we started last year,” Whilden said, noting that there were more than 75 offerings this year, ranging from comedies and theater performances to dance, music, film, art shows, and other offerings.

“We had more than 20 programming partners, which is an example of how we work collaboratively to create new events and initiatives that will benefit residents and attract visitors,” Whilden said. “The festival was a hallmark of what we do and will continue to do.”

Another celebration held last summer was named “Call Me Melville” to pay tribute to author Herman Melville, who wrote Moby-Dick when he lived in the city. “We had new plays written for the celebration and brought in a rock band from Brooklyn that wrote a song for each of the 135 chapters in the book,” Whilden said. “We also had an online book club which posted a chapter from the book each day.”

The event included youth initiatives, and high-school students formed a giant white whale on their football field in a flash mob. “We like to be creative, collaborative, and inclusive so everyone is part of the cultural life in Pittsfield,” Whilden explained.

Other cultural attractions include the Berkshire Museum, which has undergone a $9 million addition; Berkshire Community College; Berkshire Athenaeum; Wahconah Park; Canoe Meadows Wildlife Sanctuary; and Bousquet Ski Area and Summer Resort.

There is also the historic Colonial Theater and the Tony Award-winning Barrington Stage Company. The two joined forces over the past two years and formed the Berkshire Theater Group, which stages a full roster of performances.

Galant says the Common, a park within walking distance of downtown, is being restored, and new housing continues to be built. “The Amsterdam Apartments are a block west of downtown, and last year a $15 million historic renovation was completed on the former Rice Silk Mill, which turned it into 45 apartments. It’s a really interesting building, and they kept the beams, bricks, and large windows as well as a lot of other architectural features.”

In addition, the Onota Building has been purchased and will be renovated into 25 apartments with commercial space on the ground floor, while the Howard Building, which sits a block from downtown near City Hall, has also been purchased with plans to create 39 high-end apartments, along with a roof terrace, workout room, and other amenities.

“People are astounded at the change and the amount of money that has been invested in the city,” Galant said. “Berkshire Regional Transit runs an $11 million intermodal station that opened in 2004, and $100 million has been invested downtown in the past 10 years. The McKay Street parking garage is undergoing a $7.6 million renovation, $14 million has been put into streetscapes so far in an improvement project that is expected to exceed $20 million, the Colonial Theater underwent at $19.3 million renovation, the Barrington Stage project cost $6 million, and the multiplex Beacon Cinema Center cost $23 million.”

In addition, a $40 million expansion of the municipal airport was completed last fall, which will make it accessible for larger jets.

Plus, the healthcare sector continues to expand, led by Berkshire Health Systems. Berkshire Medical Center boasts a new surgical wing and emergency room, which cost approximately $43 million, and a new, state-of-the-art, $32 million cancer-treatment center is in the works. “They will break ground for it this summer,” Bianchi said, adding that these projects, combined with the city’s proximity to UMass Amherst and the fact that the Massachusetts College of Liberal Arts is building its own life-science center, makes it an ideal place to establish the Berkshire Life Science Center.

“We will have a strong case to make in Boston because we can build on our existing strengths,” he said.

 

Winning Combination

Overll, Pittsfield’s future holds great promise on many levels, from the arts to the life sciences to its attractiveness as a home to young professionals.

“Our collaborations with successful businesses and government, combined with civic support, will accelerate innovation and success,” Bianchi said. “We are engaging young people on our boards, have an old-fashioned marketing and recruitment effort planned, and are very confident we will be successful.”

Opinion
The Casino Dilemma for Springfield

It’s certainly not surprising that Springfield Mayor Domenic Sarno has decided to negotiate a final host-community agreement with both MGM and Penn National Gaming, the two companies vying to place a casino in Springfield (see related stories, pages 17 and 23).

After all, there are still many details to be hammered out on both proposals, and, as we’ve said on several occasions, it behooves the city to keep this competition going as long as it possibly can. Doing so will create better proposals and inevitably create more benefits for the city, its business community, and area nonprofits.

So while this particular decision was a no-brainer in most respects, the next one is exponentially more difficult. It comes down to whether one or both proposals will go before the voters in the city and, eventually, to the Mass. Gaming Commission. (While it’s possible that neither proposal will advance beyond this point, we consider that highly unlikely given the many identified benefits to having a casino in the city.)

This is a difficult decision because there are many factors that go into it, but two real considerations. The first is that Springfield officials, and especially Mayor Domenic Sarno, do not necessarily want the city’s voters or the Gaming Commission deciding where a Springfield casino is going to go — they want to make that decision themselves based on a number of factors, but essentially their objective and subjective determination of which project works best for the city. Once matters go the Gaming Commission, the city has no control.

The second major consideration is that the city is in the contest for a Western Mass. casino license for one reason — to win it. And there are questions about whether Springfield will stand a better chance of doing that if it has one proposal being considered by the Gaming Commission or two.

Indeed, while a simple mathematical analysis would conclude that, if the city has two of the four casino proposals under consideration (the others being in Palmer and West Springfield), it has a 50% chance of winning the license, and only a 33% chance if it has only one proposal, that may not be the case. Gaming Commission members may become split on the Springfield proposals (as many in the city already are), thus theoretically allowing a rival plan to slip in with a majority of the votes.

So what is Springfield to do? Sending both proposals to the voters and then the Gaming Commission would be fair, and would certainly leave fewer questions about whether politics might be involved. But is there room for ‘fair’ in this ultra-high-stakes competition?

It is probably still too early in the process to even determine if both plans are worthy of going before the commission (although the Boston Globe has already endorsed MGM’s plan as the best for Springfield from an economic-development standpoint), but we would advise the city to let the voters and the Gaming Commission have a say on both plans.

Yes, the city stands a chance of looking divided, or not unified on one plan, but that is, in fact, the reality of the moment. This city is not unified on one plan, and it’s not going to become unified — there is simply too much at stake for the supporters of both proposals for that to happen.

And if the city isn’t going to become unified, it shouldn’t make any pretension that it is, even when the purpose for doing so would be to better its odds of winning the $800 million lottery.

For the next several months, there will be a heated debate about whether Springfield is better off with one casino proposal or two. There is no quick or easy answer to that question, but how it’s answered will be a critical matter for this city moving forward.

And it must be answered correctly.

Opinion
Developing a Skilled Workforce

Gov. Deval Patrick recently disclosed plans to include $112 million in the state budget for the MASSGrant college-scholarship program. It was no surprise he chose to make the announcement during a visit with students at Springfield Technical Community College’s Smith & Wesson Technology Applications Center. The center teaches precision machining and other skills needed in modern manufacturing.

The governor has strongly stated his intention to support the state’s fifth-largest employment sector, manufacturing. As states struggle with limited budgets, he recognizes manufacturing education as an investment in long-term growth. And that is why the Society of Manufacturing Engineers (SME) is especially pleased to return to West Springfield this May for EASTEC, the largest manufacturing event in the Northeast.

Manufacturing education is in crisis. While the national unemployment rate remains near 8% (Massachusetts was at 6.7% in December), as many as 600,000 manufacturing jobs have gone unfilled because of a shortage of skilled workers. The question for state government executives is how to replace retiring skilled workers with the next generation of workers who can operate and maintain sophisticated machinery designed to speed production times and cut costs.

Massachusetts is already taking many of the actions SME outlines in its Workforce Imperative: A Manufacturing Education Strategy, including:

• Partnering with business. The state’s Advanced Manufacturing Collaborative is an excellent example of how business, government, and educators can identify the skills that are needed, understand and update the curriculum, and engage students in real-world projects through design-build competitions and internships.

• Access to education. The governor signed into law last year reforms of the state’s community-college system. The goal is to make community colleges “more responsive to the needs of businesses and help fill the skills gap that can often leave employers with a shortage of well-trained job prospects.” We hope the reform will also include national accreditation for schools and skills certification for students.

• Supporting STEM. The SME education strategy calls for building a strong foundation for science, technology, engineering, and mathematics. Earlier this year, Lt. Gov. Timothy Murray announced the expansion of five programs across the state to prepare workers for careers in STEM fields. In addition to approximately $428,000 from the state’s STEM Pipeline Fund, the programs will leverage more than $1.3 million in matching funds from participating corporations, private foundations, and federal government sources.

A major challenge is to dispel the antiquated stereotypes students may have about manufacturing and STEM programs. A major focus of EASTEC will be a new “Dream It Do It” manufacturing student challenge. It gives students and educators the opportunity to see and experience the ‘wow’ factor in modern manufacturing — new, cutting-edge technologies that are transforming how we make things.

Massachusetts is leading the way on building a workforce prepared to tackle the challenges ahead of us. We hope other states will follow.

 

Mark C. Tomlinson, CMfgE, EMCP, is executive director and CEO of the Society of Manufacturing Engineers (SME). SME, the organizer of EASTEC, is a leader in workforce-development issues in manufacturing, working with industry, academic, and government partners to support the current and future skilled workforce.

Features
And Five Judges Will Now Score the 40 Under Forty Hopefuls

40under40-LOGO2012A flurry of last-minute nominations has produced a near-record number of entries for BusinessWest’s 40 Under Forty program.

A total of 99 individuals have been nominated for the honor of joining the class of 2013, the seventh since the program was initiated in 2007.

The daunting, yet rewarding, task of scoring these individuals now falls to five judges (including two previous winners), who represent fields ranging from law to accounting; from education to financial services. They will be returning their scores later this week, and the winners will be notified in the days that follow.

The class of 2013 will be profiled in the April 22 issue of BusinessWest, one of the most popular issues of the year, and the annual 40 Under Forty gala is scheduled for June 20 at the Log Cabin Banquet & Meeting House. Here are those who will be scoring this year’s nominees:

Jeffrey Fialky

Jeffrey Fialky

• Jeffrey Fialky, a member of the 40 Under Forty class of 2008 and a shareholder of the regional law firm Bacon Wilson, P.C., and member of the firm’s corporate, commercial, and municipal departments, where he specializes in all aspects of corporate and business law, banking, commercial real estate, and sophisticated commercial transactions. He joined the firm in 2006 after nearly a decade of living in Eastern Mass., where he held senior commercial attorney positions within some of the country’s most prominent publicly traded telecommunications and cable television companies. He previously served as an assistant district attorney in Hampden County.

Fialky is also active in the community, having served on a number of nonprofit and economic-development-related organizations. They include the Springfield Chamber of Commerce, Springfield Museums, the United Way of Pioneer Valley, the Jewish Federation of Pioneer Valley, the Springfield Technical Community College Scibelli Enterprise Center Advisory Board, the Alden Credit Union board of directors, the Community Foundation, the American Cancer Society, the Young Professional Society of Greater Springfield, Leadership Pioneer Valley, OnBoard, the YMCA of Greater Springfield, the Mason Wright Foundation, the EDC Tourism Development Committee; and the American Red Cross Pioneer Valley Chapter.

Brendon Hutchins

Brendon Hutchins

• Brendon Hutchins, CFP, a member of the 40 Under Forty class of 2012, and senior vice president of Account Management for St. Germain Investment Management. Prior to joing the firm in 2003, he was vice president and financial advisor for the FleetBoston Financial Corp. Private Clients Group in Springfield. His prior experience includes eight years with Fidelity Investments as a vice president in the retirement division, with responsibilities across multiple locations during his tenure there.

In addition to being a certified financial planner, Hutchins holds NASD series 7 and 65 licenses for securities representation and investment-advisor services. He currently serves on the board of directors for the New England office of the March of Dimes, the Greater Springfield YMCA, and the Basketball Hall of Fame, and has also served on the board for the Springfield School Volunteers.

Mark O’Connell

Mark O’Connell

• Mark O’Connell, president and chief executive officer of Wolf & Co., providing audit and financial reporting services to both privately held and publicly traded financial institutions and holding companies across New England, including community banks and mortgage banking institutions. In his current capacity, he is responsible for the strategic direction of the firm, while also providing audit and advisory services to financial institutions. His experience also includes consultation on audit and accounting issues related to mergers and acquisitions and with respect to debt and security offerings filed with the Federal Home Loan Bank Board, the Federal Deposit Insurance Corp., and the Securities and Exchange Commission.

O’Connell has been involved with a number of industry and nonprofit organizations, including the American Institute of Certified Public Accountants (AICPA), the Massachusetts and Connecticut Societies of Certified Public Accountants, and the Children’s Study Home in Springfield. In 2010, he won the Human Services Forum Board Member Award.

Myra Smith

Myra Smith

• Myra Smith, vice president of Human Resources and Multicultural Affairs at Springfield Technical Community College (STCC). Joining the college in 1978, Smith has helped transform the STCC community into one of inclusiveness that celebrates cultural diversity. Among her many accomplishments is the creation of the STCC Diversity Council and its event series, which brings national and international speakers and artists to the campus. Smith also was responsible for the creation of the STCC “Think Tank” series, which brings community leaders together to assist with the retention and graduation rate of young men of color.

Smith is also active in the community, serving on many local boards, including People’sBank, the National Conference for Community Justice of Western Mass., and the STCC Foundation. Smith is a founding trustee of the Martin Luther King Charter School of Excellence and a trustee for the Non-Unit Health and Welfare Trust Fund for the Commonwealth of Massachusetts. Smith was recognized in 2007 by Unity First with a Women of Leadership Award, and received a Women of Vision Award from the Elms College Step Forward Program in 2005.

Jeff Sullivan

Jeff Sullivan

• Jeff Sullivan, executive vice president and chief operating officer of United Bank. In that capacity, which he assumed Jan. 1, Sullivan is responsible for the bank’s retail deposit and operations division, advancements in technology and electronic banking, and franchise expansion efforts. In addition, he also oversees the Information Systems and Facilities Departments and the United Wealth Management Group, and is also responsible for the company’s enterprise risk management program. He previously served the bank as executive vice president and chief lending officer and, prior to arriving at United, served in commercial-lending capacities for the Bank of Western Mass. and BayBank.

Sullivan has been involved with a number of area nonprofit and economic-development-related organizations, including DevelopSpringfield, Better Homes Inc., Martin Luther King Jr. Family Services, Briana Fund for Children with Physical Disabilities, OnBoard, the Pioneer Valley Plan for Progress, the Holyoke Chamber of Commerce, and the Economic Development Council of Western Mass.

Features
Employers Brace for a Possible Casino-fueled Talent Flight
Keith Makarowsky

Keith Makarowsky says that staffing is already tight, and he is concerned that it will only get tougher with a casino in the area.

When New York Times bestselling author Erma Bombeck wrote her book The Grass Is Always Greener over the Septic Tank in 1976, Vogue called it “the exposé to end all exposés — the truth about the suburbs.”

It offered humorous stories, based on real research, enlightening readers as to why so many long for what the Joneses have.

Today, the ‘grass is always greener’ attitude is one that’s being used by many employers with regard to the eventual arrival of a casino in Western Mass. and the likely response from many currently in the workforce. It’s a mindset they’ll be looking to prevent, or least keep under reasonable control.

That’s because the inevitability of a casino somewhere in the 413 area code — be it in Springfield, West Springfield, or Palmer — and the 2,000 to 3,000 jobs that will come with it, have many, both employed and unemployed, thinking and dreaming about a situation better than the one they’re in.

Keith Makarowsky, partner and owner of JT’s Sports Bar, Theodore’s, and Smith’s Billiards in downtown Springfield, which together employ close to 90 people, is one of the many concerned employers.

“I’m already having a hard time staffing,” he said. “And it’s only going to get worse — much worse.”

If U.S. Department of Labor statistics are any indicator, Makarowsky, whose businesses are located just a few blocks from the dueling Springfield casino proposals, may see talent flight from all three venues. In 2010, the commercial casino and gaming-equipment-manufacturing industry employed nearly 370,000 — more direct employees than the U.S. automobile industry. The thriving gaming-entertainment industry expects that number to rise to more than 470,000 over the next 10 years.

And those jobs come across a number of fields and professions. Most think about blackjack dealers, pit bosses, waitstaff in restaurants, and other hospitality-related positions, but there are also myriad money-handling and backroom operations that should have employers in the broad financial-services realm concerned.

“There will be many levels of educated professionals that will be needed, as well as a big customer-service element behind the scenes, and these people will come from the banks, the professional-service firms, and local hotels,” said Kristina Drzal Houghton, partner and director of Taxation Services at Meyers Brothers Kalicka, P.C.

Peter Rosskothen, owner and president of Log Cabin Banquet and Meeting House, the Delaney House, and catering through Log Rolling and at Wyckoff Country Club, takes a generally positive approach to the situation while focusing on what he believes is the primary challenge for the region — supplying a trained, talented workforce for the casino without necessarily impacting existing employers.

“Of course I have fears, but I’m focusing on the positive side,” said Rosskothen, who manages a staff of 200. He believes there’s enough unemployment in this market to supply current and future workforce needs. “But we need to get them to a level that they’re hireable, and my biggest concern now is, how do we plan … how do I keep my good employees while the casino gets its good employees?”

This is, in many ways, the unofficial assignment for a recently established consortium called the Community College Casino Careers Training Institute. The unique initiative, developed by leaders at Holyoke Community College (HCC) and Springfield Technical Community College (STCC), is a collaboration among the Commonwealth’s community colleges, one that gives casino developers a single point of contact in the three different regions across the state where casinos will be constructed to help develop their workforce.

Peter Rosskothen

Peter Rosskothen knows that educational programs that target skills for casino jobs will benefit many who are unemployed in the region.

While HCC and STCC currently offer programs in many of the professional skill sets casinos will require, neither offer dealer- and entertainment-related courses, which prompted the consortium to consult and contract with Atlantic Cape Community College in Atlantic City (more on this later).

For this issue and its focus on the casino era, BusinessWest takes an in-depth look at how an $800 million gaming facility, such as those being proposed for Western Mass., could and likely will impact the region’s employment situation, and also what employers can do to improve their odds of minimizing the impact on their businesses.

 

Sure Bet

The question of ‘if’ a casino is coming to Western Mass. has long since given way to other queries about ‘when’ and ‘where.’ And this inevitability has business owners thinking about many things, from opportunities to partner with the casino operator of choice (see related story, page 17) to what will happen with their current staff when the 800-pound gorilla sets up shop.

John Thomas, general manager of Max’s Tavern at the Basketball Hall of Fame, believes a casino — wherever it lands — will be a positive development for Springfield simply in terms of bringing more people into the area. “It’s more competition for us because we’re going to have a casino with restaurants, and it’s going to make me step up my game a little bit more.”

From a staffing standpoint, though, Thomas, who not only oversees Max’s Tavern, but catering for events in the MassMutual Room, at center court, and in the Hall concourse, believes retention will be an even greater challenge in his sector.

“A casino is definitely one of those things that could steal away a couple of my servers and chefs,” he said, “and I don’t want to have to hire new employees because it takes six months to train them, and turnover is not the best thing for guest services.”

If surveys by the American Gaming Assoc. (AGA) are to be believed, turnover may prove inevitable for local employers.

A 2007 AGA Survey of Attitudes of Casino Industry Employees by Peter D. Hart Research Associates Inc. found that more than 85% of the nation’s gaming employees find their job satisfying. Another 2007 AGA study with PricewaterhouseCoopers LLP, the Gaming Industry Diversity Snapshot, found that participating casinos hired a greater percentage of black, Hispanic, and Asian workers than the U.S. workforce — overall, employing more minorities than the national workforce by 20.6%.

“I think small businesses might be the loser on that,” said Thomas, referring to local businesses that rely on a non-professional, minority workforce. “The grass looks greener at the casino.”

To retain his employees, Thomas told BusinessWest that his strategy is to treat them like guests. The Max Restaurant Group, he said, pays its employees well, covers half their health insurance, and holds frequent reviews. These steps have facilitated retention to the point where some of Thomas’s employees have been with Max’s for 10 years, and the majority for at least five years.

Rosskothen said he feels that he offers a fair wage and a pleasant, comfortable work environment to keep his staff satisfied with their jobs. “It’s the best shot I have at keeping them here,” he said, adding that all employers will have to sharpen their focus on retention strategies if they are to minimize the impact from a casino.

Houghton agreed.

“A casino is more than two years away,” she continued. “There is plenty of time for companies to access what their policies are and where their biggest areas of exposure are with their employees … because two years from now it’ll be too late, and the employees then are going to say, ‘too little, too late.’”

She said Meyers Brothers strives to be the proverbial ‘employer of choice’ with competitive pay, attractive perks, and flex hours, even during tax season. Despite all that, the company remains at risk of losing auditors and accountants to a casino, and its challenge moving forward is to minimize that risk while also perhaps trying to educate employees that the grass isn’t necessarily greener at a very large employer like a casino operator.

“I often hear that the honeymoon period does not last long,” she said. “And it’s probably a lot better to work for the local management companies than the bigger companies.”

 

Schools of Thought

While employers brace for the potential fallout from the onset of the casino era, area community colleges and workforce-related agencies are taking up the challenge of making sure this region has a large, talented workforce in place for not only the casino, but existing employers as well.

Holyoke Community College Presi-dent William Messner told BusinessWest that the consortium is an opportunity for the community colleges to demonstrate the ability to respond effectively, efficiently, and collaboratively to a significant statewide workforce need. To do so, they’ll need to cooperate with one another and with other workforce-related entities, such as the regional employment boards, FutureWorks, CareerPoint, and other agencies, all of which can play a role in meeting the opportunity and challenge of casino job placement.

Messner, who also leads the statewide Presidents Council of Massachusetts Community Colleges, and Ira Rubenzahl, president of STCC, convened the state’s community colleges, created three regions that will each host casinos (each with a lead college), and joined forces with the aforementioned workforce entities. The concept was met with enthusiasm from all those involved, said Messner, including the casino developers, who face the daunting task of filling 2,000 to 3,000 positions.

Rosskothen’s take on the consortium idea: “a brilliant concept.”

“We want people to look at this opportunity and say, ‘OK, I can work as a dealer, a receptionist, a housekeeping person, make good money, and make it a career,’” he said. “We need more of this in Western Mass.”

And it would appear the consortium is something gaming developers would like to see more of, too.

“My sense was that there is a varied pattern of experience from state to state, but as best as I could assess, no one had put together quite the same sort of organized effort that we are intending,” said Messner. “More often, it was a fairly disorganized effort with a variety of institutions and organizations sort of knocking on the door of the casino developer, leaving the developer trying to sort out who they were going to work with.”

Messner added that the final step included discussions with the Gaming Commission, which cautioned that the colleges could not be the exclusive parties working with developers, while expressing overall support for the concept.

Messner further explained that HCC programs in information technology, business, security, and hospitality could all be useful at a local casino, but gaming-related jobs that involve the gaming function and handling of money will require a great deal of scrutiny and a license from the state, so specific help was needed.

The consortium contracted with an institution that certainly knows the business of gambling: Atlantic Cape Community College in Atlantic City. In cooperation for more than 30 years with the gaming industry, its consulting services and tested curriculum have been used throughout the world, said Messner.

He added that some classes that provide employees with needed skills might be only a few weeks or a few months in length and at staggered hours, a schedule that should prove attractive to existing employers, many of whom will want to take advantage of additional training for employees as a retention tool when the casinos come knocking.

“I cannot send them to a one- or two-year kind of curriculum,” said Rosskothen, “but if they need to improve a specific skill, they’ll make money for my business and for themselves … it’s a win-win, and I keep them.”

 

Double or Nothing

Many area employers would be reluctant to use that phrase ‘win-win’ when it comes to a Western Mass. casino, especially when it comes to workforce issues and the prospects for a talent flight.

But with at least a few years to go before a casino opens its doors, there is the potential for a scenario in which, as Rosskothen suggests, casinos can have good help and area employers can retain theirs.

That is the job at hand — both literally and figuratively.

 

Elizabeth Taras can be reached at [email protected]

Insurance Sections
10 Simple Steps to Readying a Home and Preventing Calamity

John E. Dowd Jr.

John E. Dowd Jr.

Many disasters caused by winter-weather conditions can be prevented by taking a few simple steps. Although fall is an ideal time to begin to think about and prepare for the cold winter months ahead, you really need to be constantly assessing such things as snow loads on roofs and decks, appropriate foundation drainage as the snow melts and freezes, and, of course, the dreaded ice dams on your roofs and gutters.

Regular homeowner’s policies provide coverage for ice dams, burst pipes, loss from fires, and wind damage from snow or ice. When snow melts, it can cause serious damage to a home. One of the most common causes of catastrophic loss is winter storms. Although wind and hail are the most common causes of insurance claims, freezing and water damage follow close behind.

It’s important for homeowners to carefully review their insurance policies before winter arrives to understand what is covered. It’s crucial to have ample coverage for rebuilding a home and replacing all the belongings in it. It’s also helpful to consider purchasing sewer-backup insurance.

There are several ways to prepare a home for winter and the damage it usually brings. Consider the following tips:

• Clean out all gutters. It’s important to remove all sticks, leaves, and debris. This helps the melting ice and snow flow smoothly. It also prevents ice collecting and forming a dam, which can result in water seeping into the house’s ceilings and walls.

• Keep trees and branches trimmed. When branches hang over houses during the winter, they’re likely to accumulate snow and ice, which may make them break. Branches falling on homes can cause significant amounts of damage. They may also hurt people who enter the property.

• Use gutter guards. These guards are useful for preventing interference of water flow from debris.

• Seal cracks and holes. Caulk all these spaces to ensure that melted snow and wind can’t enter the home.

• Keep steps and handrails safe. It’s important to ensure that steps and banisters are sturdy. If they accumulate snow or ice, they can contribute to serious injuries.

• Use insulation liberally. Homeowners should add extra insulation to basements, attics, and crawl spaces. When heat escapes through the roof, it contributes to ice and snow melting faster. As the moisture melts, re-freezes, and accumulates, it can cause a roof to collapse.

• Maintain a warm temperature. It’s best to keep the thermostat at 65 degrees to prevent pipes from freezing. The temperature in the walls is always colder than the temperature in the house.

• Call the professionals. The heating system should be checked and serviced every year to prevent fires. It’s also important to ensure that smoke alarms are working. Carbon-monoxide detectors are another valuable safety feature that should be placed in every home. In addition to this, homeowners should have a contractor evaluate the home for structural damage. It’s best to identify and repair minor problems before they become a disaster.

• Be familiar with shutting off the water. Homeowners should know how to do this, and they should know where their pipes are located. When pipes freeze, it’s imperative to act quickly. When going away for an extended time, it’s best to have someone look after the home or have a service professional drain the system.

• Add an emergency pressure-release valve. By adding this to a current system, homeowners will have a system that is protected against increasing pressure from frozen pipes.

Although many of these suggestions appear to be common sense, we all have a tendency to put off certain mundane routine maintenance. As we have all experienced at one on time or another, failure to follow these preventative steps can lead to expensive and annoying problems.

Taking a moment to save the list of suggestions above and use it as your personal fall preventive checklist will save you time and money and give you peace of mind to enjoy the winter season while living in New England.

 

John Dowd is a principal and executive vice president of the Dowd Agencies, the oldest insurance agency in Massachusetts with operations and management under continuous family ownership. Today the fourth generation of Dowds provides counsel and coverage from several offices in Western Mass.: James J. Dowd & Sons Insurance Agency Inc. of Holyoke; Cray-Dowd Insurance Agency Inc. of Hadley; Moskal Dowd Insurance Inc. of Indian Orchard; Dumont-Dowd Insurance Agency Inc. of Southampton; and Dowd Financial Services LLC in Holyoke; www.dowd.com.

Commercial Real Estate Sections
Unique Sports Facility May Become a Game Winner for Agawam Site

Sean Provost

Sean Provost says the Stick Time Sports training facility will meet a recognized need in the region.

A little more than two years ago, Sean Provost, a local software salesman, was sitting in his car having lunch on the road between sales stops when he looked over at a ‘for-lease’ sign on a building in the Agawam Towne Center complex.

He remembers thinking to himself, “hmm … I wonder if that could work?”

‘That’ was a 20,000-square-foot space adjacent to the Dave’s Soda & Pet Food City facility in the former Ames department store location. When Provost saw it, it was being used as warehouse space for dog food and other products, but he immediately saw the potential it presented as the home for a dream he’d been trying to make reality for roughly a decade.

This dream involved creating what he called a “sports training center,” focused on hockey, which he’s played and coached, but also other sports. The concept calls for a facility where young people can learn a sport and develop their skills through practice. This vision required a large amount of open space, a good deal of flexibility, and an affordable price — three things he couldn’t find at dozens of other sites he considered, but a combination he encountered at the Agawam location.

Fast-forward those two years, and Provost, recently laid off from that sales job, is set to take a dramatic career turn as president of something called Stick Time Sports (STS), which will feature two mini-ice rinks — both 45 feet by 82 feet — as well as two 45-by-85-foot synthetic turf fields that can be used for a variety of sports, including lacrosse and field hockey. There is also an area for strength training and conditioning with machines and weights; a facility for conferences, birthday parties, and other events; locker  rooms; and space for additional expansion.

All this fulfills one of Provost’s ambitions, but also creates some needed momentum in a large retail center that has struggled to reinvent itself since a FoodMart supermarket closed after its roof collapsed more than a decade ago. There are some new tenants moving into the complex, including a satellite facility for the YMCA of Greater Springfield, and it is hoped that those initiatives and Stick Time Sports can create greater vibrancy in that location.

Those were some of the sentiments expressed by Dave Ratner, owner of the former Ames building and Dave’s Soda & Pet City.

“I had to get some new warehouse space,” he said with a laugh in reference to the new development, “but this [venture] increases the value of the building, it will bring more potential customers to my store, and it will make the center more viable so new people might want to move in to the other side of the center. So all in all, it’s a win-win.

“Traffic gets traffic,” Ratner added. “The more places we get there, the more people will say, ‘I want to be there.’”

Meanwhile, STS is one of many sports-related business ventures taking shape in Agawam. In addition to STS and the Y’s facility, there are plans for something called the Plex Sports Park, a $7 million, indoor-outdoor complex to be built at the former Crowley’s Sales Barn and Stables site off Shoemaker Lane.

For this issue and its focus on commercial real estate, BusinessWest takes a look at the STS project and how it may help bring more life to a once thriving retail section of Agawam.

 

Goal-oriented Venture

Using some of his trademark humor, Ratner described his efforts over the past several years to lease out the 20,000 square feet next to his retail operation.

“The fact of the matter is, we had a lot of interest, but because the real-estate market isn’t real strong, people thought they were going to come in and we were going to pay them to take the space,” he told BusinessWest, adding that, while he wanted to find a tenant, he also liked having the space as a warehouse facility, so he wasn’t going to pull the trigger on a deal unless it really worked for both sides.

And in many ways, STS fits that description.

Ratner said it won’t be a huge revenue source, but it will potentially drive more traffic to his store while creating more momentum in the still-struggling retail plaza. “This is a huge deal,” he noted. “I think his business is going to explode more than he thinks it’s going to explode, and I think he’s going to need every bit of space over there.”

And that’s why he worked with Provost to not only ink a lease, but get his venture off the ground.

“I sat down with him and I said, ‘I think it’s a home run, but you have to get your business plan together,’” said Ratner, adding that he ran though the lengthy process of taking a concept from the drawing board to reality, essentially becoming Provost’s ‘Mr. Murphy,’ a reference to Murphy’s Law.

“Whenever you do anything in business, Murphy’s Law — Mr. Murphy — moves in right next to you,” said Ratner.

Having been a partner years ago in a group that owned and operated the Mushie’s Driving Range on Main Street in Agawam, Provost said he learned a good bit about what not to do in business, and eventually got out of that relationship (that property is now being turned into a solar farm).

And for his second foray into commercial real estate, Provost began working with the Mass. Small Business Development Center Network in Springfield, where he received assistance to finalize his business plan, along with help to secure two business partners: Daryl Devillier, associate vice president with Raymond James, and partner Sal LaBella. The partners eventually secured bank financing for the estimated $1 million buildout of the property.

Provost said STS is going to be dedicated to providing athletes of all ages from Western Mass. and Northern Conn. the opportunity to practice, train, improve their skills, and just have fun in a positive atmosphere.

Provost explained that there’s really no facility in the region where parents or coaches can rent some ice and enable young people to get some invaluable practice time and hone their skills. “For instance, baseball players can warm up anywhere, but hockey is different, and now, two kids can share a half-hour to shoot a few hundred pucks at $15 apiece.”

He added that the site will also fill a void in the region for full-year, under-14 and under-16 boys hockey, and its location, just a few miles from both the Connecticut line and several Western Mass. population centers, enables it to tap into both markets.

Richard Cohen, Agawam’s mayor and also an avid former hockey player and coach, is a strong supporter of the STS concept, and told BusinessWest it’s a perfect fit for the town’s growing inventory of sports-related businesses.

“It goes along with what we’re trying to put together … a sports complex that was originally going to go in Chicopee” but couldn’t get special permit approval for a site there, said Cohen, referring to the Plex Sports Park, an indoor-outdoor facility with an 80-foot-high, inflatable dome.

Cohen also noted that one of the other Agawam Towne Center building owners is looking into indoor karting as an addition to the retail area that now includes Dave’s and STS, Slot Car Speedway, Friendly’s Restaurant, and the soon-to-open, 8,500-square-foot Y Express Wellness & Program Center.

And just a few hundred feet from Agawam Towne Center, the long-vacant Games and Lanes building is in the subject of a $50,000 site assessment, funded by MassDevelopment, to determine the scope of needed environmental remediation, an important first step in putting the property back in use.

“There is a developer who wants to do business retail there,” said Cohen, “so my goal is to help get that project finalized for that entire area.”

 

Winning Approach

Looking to the future, Provost and his partners purchased a ‘chiller,’ the compressor that makes and maintains the ice, which is larger than they actually need and will allow them to build a third mini-rink on a portion of the turf area.

Meanwhile, the idea of expansion elsewhere is also being discussed.

“There’s no room to physically expand, but we think if this works here, it can certainly work in other places,” he said, adding that there is still a sizeable inventory of former warehouse and retail facilities that could become home to such ventures.

For now, though, he’s focused on making STS the win-win proposition that he, Ratner, Cohen, and others believe it can become. And he believes there will be net results in many forms.

 

Elizabeth Taras can be reached at  [email protected]

Departments People on the Move

Audrey Rome

Audrey Rome

Audrey Rome has joined the Springfield-based law firm Cooley Shrair as a real-estate paralegal. Providing support in the Western Mass. real-estate field for more than 30 years, Rome will help to expand the firm’s real-estate department.

•••••

The Greater Springfield Convention & Visitors Bureau (GSCVB) announced the following:

• Michael Hurwitz has been appointed as Chairman of the board of directors, and will serve a two-year term. Hurwitz, a hospitality-industry veteran, has managed several restaurants in Western Mass., including Uno Chicago Grill, with locations in Springfield, Holyoke and Worcester; and Sonic in Springfield. He served on the GSCVB’s board of directors and executive committee in addition to his previous duties as Chairman of the Howdy Awards for Hospitality Excellence Committee.

• John Parsons has been named Sales and Marketing Coordinator. Parsons, a 2011 graduate of Western New England University, will promote membership within the GSCVB and assist with a number of marketing initiatives, with a special emphasis on sports.

Other officers were named by the GSCVB to serve a three-year term on its board of directors. They include:

• John Doleva, President of the Naismith Memorial Basketball Hall of Fame, to serve as vice chairman;

• Barry Crosby of Freedom Credit Union to serve as treasurer;

• Robert Schwarz of Peter Pan Bus Lines, Inc. to serve as secretary; and

• Robert Gilbert of Dowd Insurance to serve as compliance officer.

New members of the board to serve a three-year term are:

• William Messner, President of Holyoke Community College; and

• James Woolsey, Superintendent of the Springfield Armory National Historic Site.

•••••

Melanie Skroski

Melanie Skroski

Northampton-based Royal LLP recently welcomed Attorney Melanie Skroski to the management-side-only labor and employment law firm. With practical experience in management, Skroski counsels companies on the myriad state and federal employment laws impacting them, including employment discrimination and harassment, wage and hour, disability and leave, workplace safety, and affirmative action. Her other preventive work includes drafting employee manuals; preparing non-disclosure, non-solicitation, and non-compete agreements; and conducting management training. Skroski is a graduate of Trinity College and Western New England University School of Law.

•••••

TD Bank recently promoted Peter Simko to Store Manager of the branch located at 40 Springfield St. in Agawam. An Assistant Vice President, he is responsible for new-business development, consumer and business lending, and managing personnel and day-to-day operations at the store, serving customers throughout the Greater Springfield area. With 13 years experience in banking, investments, real estate, and mortgages, Simko joined TD Bank in 2011. He most recently served at TD Bank as an Assistant Store Manager in Agawam. Prior to joining the bank, Simko served as an Investment Consultant at TD Waterhouse in Boston, Registered Principal at Scottrade Financial Services in Springfield, and General Partner at Center Exchange Associates, a realty-consulting firm in Chicopee.

Chamber Corners Departments

ACCGS

www.myonlinechamber.com

(413) 787-1555

 

• March 5: ERC5 March 2013 “High Five” Five-year Anniversary Event, 5-7 p.m., Spoleto Restaurant, 84 Center Square, East Longmeadow. For more information and to purchase tickets, contact [email protected]

• March 6: ACCGS Business@Breakfast, 7:15-9 a.m., the Cedars, 375 Island Pond Road, Springfield. Guest speaker: Suzanne Bump, Massachusetts state auditor. The event will feature a salute to the YMCA of Greater Springfield on its 145th anniversary. For more information and to purchase tickets, contact [email protected].

 

AMHERST AREA CHAMBER OF COMMERCE

www.amherstarea.com

(413) 253-0700

 

• Feb.  27: Chamber After 5, 5-7 p.m., Hampshire Athletic Club, 90 Gatehouse Road, Amherst. Admission is $10 for members, $15 for non-members. For more information, visit www.amherstarea.com.

 

CHICOPEE CHAMBER OF COMMERCE

www.chicopeechamber.org

(413) 594-2101

• Feb. 27: February Business After Hours, 5-7 p.m., at NUVO Bank & Trust Co. Admission is $5 for members, $15 for non-members.

• March 1: Shining Stars Banquet, Castle of Knights, Memorial Drive, Chicopee. The event will recognize the Business of the Year — Birch Manor Rehabilitation & Skilled Nursing; Citizen of the Year — Lorraine Houle of Lorraine’s Soup Kitchen & Pantry; and Chamber Volunteer of the Year — Earl LaFlamme III of Marcus Printing. Diamond Sponsor is Chicopee Savings Bank; Gold Sponsors are Dave’s Truck Repair Inc., Hampden Bank, NUVO Bank & Trust Co., Pioneer Packaging Inc., Teddy Bear Pools Inc., the Gaudreau Group Inc., and Valley Opportunity Council. Silver Sponsor is MicroTek Inc. Tickets are $60 per person.

• March 20: Salute Breakfast, 7:15-9 a.m., MassMutual Learning & Conference Center, 350 Memorial Dr., Chicopee. Cost is $20 for members, $25 for non-members.

• March 20: 19th Annual Table Top Expo & Business Networking Event, 4:30-7 p.m., the Log Cabin, 500 Easthampton Road, Holyoke. Presented by the Greater Chicopee, Holyoke, Northampton, and Easthampton chambers of commerce. The event will feature more than 180 exhibitors and hundreds of visitors. Cost to attend: $5 pre-registered, $10 at the door. Sign up online at www.chicopeechamber.org.

FRANKLIN COUNTY CHAMBER OF COMMERCE

www.franklincc.org

(413) 773-5463

 

• March 22: Breakfast Series, 7:30-9 a.m., hosted by the Hallmark Institute of Photography, Industrial Boulevard, Turners Falls. Presentation by Robert McBride, founding director of the Rockingham (Vt.) Arts and Museum Project. He will share RAMP’s five-pronged approach to integrating the arts into a community-revitalization effort and long-term sustainability strategies. Sponsored by Franklin County Community Development Corp. and HitPoint Studios. Cost is $12 for FCCC members, $15 for non-members.

• March 22-23: Creative Economy Summit IV, a two-day seminar for artists, art lovers, business supporters, and everyone related to the creative economy. Registration fees and program details available at www.creativeeconomysummit.com.

 

GREATER EASTHAMPTON CHAMBER OF COMMERCE

www.easthamptonchamber.org

(413) 527-9414

 

• March 8: St. Patrick’s Day Luncheon, noon-2 p.m., Southampton Country Club, 329 College Highway, Southampton. Guest speaker: U.S. Rep. Richard Neal. Honored guest: Rachel Connell, Distinguished Young Woman of Greater Easthampton. Sponsored by the Easthampton Learning Foundation and Finck & Perras Insurance Agency. Tickets are $21.95 for members, $23.95 for non-members.

• March 14: Networking by Night Business Card Exchange and Chamber Open House, 5-7 p.m., Greater Easthampton Chamber of Commerce, 33 Union St., Easthampton. Sponsored by Innovative Business Systems and TechCavalry. Door Prizes, hors d’ouevres, host beer and wine. Tickets are $5 for members, $15 for future members.

• March 20: 19th Annual Table Top Exposition and Business Networking Event, 4:30-7 p.m., the Log Cabin Banquet & Meeting House, 500 Easthampton Road, Holyoke. Presented by the Greater Easthampton, Chicopee, Greater Holyoke, and Greater Northampton chambers of commerce. Exhibitor table fee: $100 (must be a member). Contact the participating chambers for information. Attendee-only tickets: $5 in advance, $10 at the door.

GREATER HOLYOKE CHAMBER OF COMMERCE

www.holycham.com

(413) 534-3376

 

• March 1-29: St. Pat’s Luck of the Irish Raffle. First prize, sponsored by Fln-Mar Rubber and Plastics: Red Sox Weekend Getaway for July 20 game vs. Yankees. Includes two game tickets, overnight stay at Boston Sheraton Back Bay Hotel, Peter Pan bus transportation, and $100 spending money. Second prize, sponsored by PeoplesBank and Pioneer Valley Railroad: Apple 32GB iPad Mini and case. Third Prize, sponsored by Mountain View Lanscapes, Barry J. Farrell Funeral Home, and Aubrey, Dixon &Turgeon LLC: $500 spending spree at Holyoke Mall. Drawing to be held March 20 at the Table Top Expo at the Log Cabin. Tickets are $5 each or book of three for $10. Tickets are available for purchase online, at the chamber, and at each chamber event through March 20.

• March 7: Leadership Holyoke Program, sponsored by PeoplesBank. Presented by the Greater Holyoke Chamber of Commerce in partnership with Holyoke Community College. Speakers, discussions, classroom time, and field trips are included in this 11-week session. Call the chamber at (413) 534-3376 for details or sign up online at holyokechamber.com.

• March 13: St. Pat’s Salute Breakfast, 7:30-9 a.m., the Log Cabin Banquet & Meeting House, 500 Easthampton Road, Holyoke. Sponsored by PeoplesBank and Holyoke Mall. Tickets are $25. Call the office for reservations at (413) 534-3376 or sign up online at holyokechamber.com.

• March 20: Table Top Expo, 4:30-7 p.m., the Log Cabin Banquet & Meeting House, 500 Easthampton Road, Holyoke. Presented by the Greater Holyoke, Chicopee, Easthampton, and Northampton chambers of commerce. The public is invited. Admission: $5 in advance, $10 at the door; vendors: $100 per table. Corporate sponsor: the Log Cabin-Delaney House; Platinum sponsors: Taylor Rental of Holyoke, the Republican, Westover Job Corps Center, BusinessWest, Florence Savings Bank, and the Daily Hampshire Gazette; Gold Sponsors: Holyoke Community College, United Bank, Guenther Associates, Hadley Printing, the Valley Advocate, Northampton Rental, Charter Business, First Niagara Bank, and Harrington Insurance; Silver Sponsors: Dowd Insurance, Elms College, Freedom Credit Union, Hampden Bank, Health New England, Loomis Communities, Mountainview Landscape, PeoplesBank, New England Public Radio WFCR-WNNZ, TD Bank, Reminder Publications, United Personnel, Peter Pan Bus Lines, Peoples United Bank, and Valet Park of America. Call (413) 534-3376 or the participating chambers to reserve a table or to order admission tickets. Snow date: March 27.

PROFESSIONAL WOMEN’S CHAMBER

www.professionalwomenschamber.com

(413) 755-1310

 

• March 20: March 2013 Meeting, 11:30 a.m.-1 p.m., the Basketball Hall of Fame, MassMutual Room. Catered by Max’s Tavern. Speaker: Hope Margala Klein, executive vice president of Brand, Innovation & Merchandising, Yankee Candle. Her program is titled “My Journey Through the Glass Ceiling.” Tickets: $25 for members, $35 for non-members. For more information or to purchase tickets, contact [email protected].

 

WEST OF THE RIVER CHAMBER OF COMMERCE

www.ourwrc.com

(413) 426-3880

 

• Feb.  28: Legislative Breakfast presented by the West of the River Chamber of Commerce, 7-9 a.m., Springfield Country Club. The breakfast will have a panel of various legislatures: state Sen. Michael Knapik, state Sen. James Welch, state Rep. Nicholas Boldyga, state Rep. Michael Finn, Agawam Mayor Richard Cohen, and West Springfield Mayor Greg Neffinger. Tickets are $25 for members, $30 for non-members. For more information on ticket sales, contact the chamber office at (413) 426-3880 or [email protected].

• March 6: Wicked Wednesday, 5-7 p.m., Raymour & Flanigan, 895 Riverdale St., West Springfield. Wicked Wednesdays are monthly social events hosted by various businesses and restaurants. These events bring members and non-members together to network socially in a laid-back atmosphere. For more information contact the chamber office at (413) 426-3880 or [email protected]. Free for chamber members, $10 for non-members. Event is open to the public, but non-members must pay at the door.

 

GREATER WESTFIELD CHAMBER OF COMMERCE

www.westfieldbiz.org

(413) 568-1618

 

• March 4: Mayor’s Coffee Hour, 8-9 a.m., East Mountain Country Club, 1458 East Mountain Road, Westfield. Free and open to the public. To register, contact Pam Bussell at the chamber office at (413) 568-1618 or e-mail [email protected].

• March 13: March WestNet, 5-7 p.m., First Niagara Bank, 664 College Highway, Southwick. Come join us for a couple of hours to socialize and network with local businesses. Complimentary hors d’oeuvres and cash bar. Walk-ins welcome. Cost: members, $10 in advance or cash at the door; non-members, $15 cash. To register, contact Pam Bussell at the chamber office at (413) 568-1618 or e-mail [email protected] by March 11.

• March 15: St. Patrick’s Day Breakfast, 7:15 a.m., Westfield State University, Scanlon Hall, 577 Western Ave., Westfield. Registration is at 7:15, the breakfast begins at 7:30, and the program begins at 8. Judy Dumont, MBI director, will speak on Massachusetts 123, a project to bring high-speed broadband to every corner of the Commonwealth. Cost is $25 for members, $30 for non-members. To register, contact Pam Bussell at the chamber office at (413) 568-1618 or e-mail [email protected]. RSVP for this event by March 11.

 

Young Professional Society of Greater Springfield

www.springfieldyps.com

 

• March  21: Third Thursday, 5-7 p.m. at Nadim’s Mediterranean Restaurant & Grill, 1390 Main St., Springfield. Go to www.cafelebanon.com for more information about the restaurant.

Agenda Departments

Business-law Basics

March 12, April 16: Get the business-law basics that every small-business owner and entrepreneur needs to know from the legal experts at the Center for Innovation & Entrepreneurship at Western New England University. This series of free information sessions is focused on key topics to help plan and grow a small business. Sessions will be held from 5 to 7 p.m. at Western New England University School of Law, in the Blake Law Center. The events are free and open to the public. Light refreshments will be provided. The dates, topics, and presenters are: March 12, “Intellectual Property Law Basics,” with attorneys Peter Irvine of Peter Irvine Law Offices, Leah Kunkel of the Law Offices of Leah Kunkel, and Michelle Bugbee of Solutia Inc.; and April 16, “Bankruptcy,” with attorneys George Roumeliotis of Roumeliotis  Law Group, Justin Dion of Bacon Wilson, and Kara Rescia of Eaton & Rescia. To learn more about upcoming events, visit www.wne.edu/cie.

 

Women’s Fund Celebration

March 14: The Women’s Fund of Western Massachusetts will celebrate its 15th anniversary by honoring 16 local women with the first-ever Standing on Her Shoulders Awards. The celebration, at the MassMutual Center in Springfield, begins at 5 p.m. with a cocktail hour and photographic exhibit of the award recipients and a showcase of the Women’s Fund grantees. The dinner begins at 6:30 p.m. with a musical performance, presentation of the Standing on Her Shoulders Awards, and a speech by Luma Mufleh, founder and coach of a soccer team called the Fugees, short for refugees.  An immigrant from Jordan and a Smith College graduate, Mufleh has created several businesses to employ refugees and immigrants in her community. That will be followed by an after-party and dancing from 8:45 to 10:30 p.m. Tickets cost $100. RSVP by March 7 to Julie Holt at (413) 529-0087, ext. 10, or register online at www.womensfund.net. The Women’s Fund is a public foundation that has reached over 80,000 people through $2 million in grant awards. More than 100 women have participated in the Women’s Fund Leadership Institute for Political and Pubic Impact. The 16 Standing on Her Shoulders Award recipients include Elaine Barkin, Ethel Case, Claire Cox, Verda Dale, Ruth Hooke, Vera Kalm, Gail Kielson, Susan Lowenstein Kitchell, Gloria Lomax, Ruth Stewart Loving, Ruth Moore, Venessa O’Brien, Lorna Peterson, Linda Slakey, Marlene Werenski, and Angela Wright.

 

Mother/Daughter Night

March 15: Cooper’s Commons, located at 159 Main St. in Agawam, will host a Mother & Daughter Night Out from 6 to 8:30 p.m. to benefit the Children’s Miracle Network at Baystate Children’s Hospital while also highlighting local businesses. For a $10 donation, each mother-daughter duo will enjoy 10%-off shopping in Chasam Boutique, Sweet September Baby & Children’s Boutique, and Cooper’s Gifts, Curtains & Furnishings. In addition, guests will be treated to complimentary carnations from Floral Concepts by Tom, hot beverages from Squire’s Bistro, hair updos from Shear Techniques, nail-polish changes at the Skin Salon, and chair massages at Knots Kneaded. Mother-daughter duos are also invited to visit LHQ Danceforce to sign up for one free dance class for each, and mother-daughter portraits will be available from photographer Paula Tingley. “We are looking forward to a wonderful night of pampering, shopping, and fun, all for a terrific cause,” said Kate Gourde, owner of Cooper’s Commons, which was recently renovated and subdivided into many specialty shops and services. “The Children’s Miracle Network at Baystate Children’s Hospital has special meaning to all of us.” Tickets are available in advance at any business within Cooper’s Commons, or at the door the night of the event. If the weather is inclement, the event will be postponed to March 22.

 

Difference Makers 2013

March 21: The annual Difference Makers award program, staged by BusinessWest, will be held at the Log Cabin Banquet & Meeting House starting at 5 p.m. Difference Makers is a program, launched in 2009, that recognizes groups and individuals that are, as the name suggests, making a difference in this region. This year’s honorees include Springfield’s C3 Policing program; John Downing, president of Soldier On; Bruce Landon, president and general manager of the Springfield Falcons; the Sisters of Providence; and Jim Vinick, senior vice president of investments at Moors & Cabot Inc. Their stories were told in the Feb. 11 issue of BusinessWest and may also be read online at www.businesswest.com. The March 21 gala will feature butlered hors d’oeuvres, lavish food stations, introductions of the Difference Makers, and remarks from the honorees. Tickets cost $55 per person, and tables of 10 are available. For more information or to order tickets, call (413) 781-8600, ext. 100, or visit www.businesswest.com. Event sponsors include Baystate Medical Practices, First American Insurance Agency, Health New England, Meyers Brothers Kalicka, Northwestern Mutual, Royal LLP, Sarat Ford Lincoln, and Six-Point Creative Works.

 

Not Just Business as Usual

April 4: The Springfield Technical Community College (STCC) Foundation will host its fourth annual Not Just Business as Usual event at the Naismith Memorial Basketball Hall of Fame. A cocktail and networking reception will be held from 5:30 to 7 p.m., followed by the dinner program and keynote speaker from 7 to 9 p.m.
This year, in celebration of 40 years of excellence in nursing at STCC, speakers include ‘The Three Doctors’ — Drs. George Jenkins, Rameck Hunt, and Sampson Davis — who are well-known for their work delivering messages of hope and inspiration. As teenagers growing up on the inner-city streets of Newark, N.J., the three friends made a pact to stick together, go to college, graduate, and achieve their dreams of becoming medical doctors. They have been lauded by Oprah Winfrey and been featured as medical experts on the Tom Joyner Morning Radio Show and CNN. The Three Doctors received the Essence Award in 2000 for their accomplishments and leadership, and a BET Honors Award in 2009. Over the past two years alone, the Not Just Business as Usual event has provided the STCC Foundation with more than $100,000 to support college and student needs. Funds help to provide STCC students with access to opportunities — through scholarships, technology, and career direction — to be successful future employees and citizens. A variety of sponsorship opportunities are available. Individual tickets cost $175 each. Businesses interested in purchasing a table may contact Robert LePage at (413) 755-4477 or [email protected].

 

Live Comedy Night to

Help Children’s Charities

April 6: Smith & Wesson will host a live comedy night to benefit to support two local children’s charities, the Shriners Hospitals for Children and the Ronald McDonald House. The event will begin at 6 p.m. at the Cedars Banquet Hall, 419 Island Pond Road, Springfield, and includes a cash bar, raffles, games, music, and hot and cold hors d’oeuvres prior to the show. The laughs begin at 7:15 p.m. with Teddie Barrett of Teddie B Comedy emceeing the show and introducing comedians Mark Scalia, Chance Langton, and Mike Whitman. Scalia began his stand-up career in Boston in the early 1990s and is now an international headliner. Langton is a nationally known comedian, musician, actor, writer, and basketball player who has been entertaining in comedy clubs for more than 20 years. Whitman was voted Boston’s Best New Comedian in 2008. Tickets cost $30 and may be purchased in advance by contacting Elaine Stellato at Smith & Wesson, (413) 747-3371; Karen Motyka at Shriners Hospital, (413) 787-2032; or Jennifer Putnam at Ronald McDonald House, (413) 794-5683.

 

DevelopSpringfield Gala

April 12: DevelopSpringfield will host its 2nd annual gala in celebration of Springfield, the community’s recent accomplishments, and the exciting new initiatives underway. The gala will take place at the MassMutual Center in Springfield. Festivities will include a cocktail reception, silent auction, dinner, dancing, and more. All proceeds will support DevelopSpringfield’s redevelopment initiatives, projects, and programs. An anticipated 400 attendees — including federal, state, and city officials; leaders from the business and nonprofit communities; and local residents — will come together in support of ongoing efforts to advance development and redevelopment projects, stimulate and support economic growth, and expedite the revitalization process in the city. Sponsorship packages as well as individual ticket opportunities are available. For more information on the event, visit www.developspringfield.com, or contact Diane Swanson at (413) 209-8808 or [email protected].

EASTEC 2013

May 14-16: EASTEC, the premier manufacturing exposition in the Northeast will be held at the Eastern States Exposition in West Springfield on May 14 and 15 from 9 a.m. to 5 p.m. and on May 16 from 9 a.m. to 3 p.m. The event will offer a variety of exhibitors, educational offerings, tours of nearby facilities, and much more. For more information and to register to attend, visit www.easteconline.com.

 

40 Under Forty

June 20: BusinessWest will present its seventh class of regional rising stars at the annual 40 Under Forty gala at the Log Cabin Banquet & Meeting House in Holyoke. The event will feature music, lavish food stations, and introductions of the winners. Look for event details in upcoming issues of BusinessWest — including the must-read April 22 issue in which the class of 2013 will be profiled — or call (413) 781-8600, ext. 100 for more information.

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

 

HAMPDEN SUPERIOR COURT

Kimball Brothers Realty, LLP v. Genco Cable, LLC Seminole Wire and Cable Company Inc., and Michael Genzel

Allegation: Breach of commercial lease: $500,000

Filed: 1/8/13

 

People’s Bank v. Stockbridge Bowl Affordable Acquisition Corp., et al

Allegation: Failure to pay on commercial loan: $856,131.32

Filed: 1/18/13

 

Westfield Auto Parts Inc. v. Auto Service Inc. d/b/a Brake King

Allegation: Non-payment of goods sold and delivered: $97,929.35

Filed: 1/8/13

 

HAMPSHIRE SUPERIOR COURT

Richard S. Paton Jr. and Bonnie Paton v. Robert C. Randin and GMTBP Inc. d/b/a Antonio’s Pizza

Allegation: Motor-vehicle negligence causing personal injury: $95,778.

Filed: 1/14/13

 

West Cummington Congregational Church v. Chase, Clark, Stewart, and Fontana Inc., James H. Stewart, and Utica Insurance Group

Allegation: Inadequate coverage caused by agent negligence and misrepresentation: $200,000

1/8/13

 

HOLYOKE DISTRICT COURT

Berlin Industries, LLC v. Motherwear International Inc.

Allegation: Non-payment of goods sold and delivered: $14,450.59

Filed: 11/19/12

 

 

 

NORTHAMPTON DISTRICT COURT

Jon Kostek and Jennifer B. Margolis v. D. Jondrow Landscaping Inc.

Allegation: Failure to complete work, performance in an unworkmanlike manner, and unfair and deceptive trade practices: $15,000; Filed: 1/25/13

 

Peter Wilson and Harold Wilson d/b/a Wilson Construction v. Bowl New England Inc.

Allegation: Non-payment of snow-removal services provided: $22,650

Filed: 1/9/13

 

SPRINGFIELD DISTRICT COURT

Douglas Industries Inc. v. New England Upholstery and Design and Paul Vento

Allegation: Non-payment of goods sold and delivered: $6,279.58

Filed: 1/25/13

 

Forbo Flooring Inc. v. Complete Flooring Solutions and Kenneth G. Matthews Jr.

Allegation: Non-payment of goods sold and delivered: $5,805.21

Filed: 1/22/13

Francisco Ortiz v. Vinnie Shah d/b/a Super Convenience Mart

Allegation: Negligent maintenance of property causing slip and fall: $24,999.99

Filed: 1/25/13

 

Preferred Mutual Insurance Co. as subrogee of James and Julie Jaron v. Home Depot, USA Inc. and Giagni Enterprises, LLC

Allegation: Negligent design and manufacture of faucet sold at Home Depot causing extensive water damage to the plaintiff’s property: $27,985.74

Filed: 1/17/13

 

Soaring Capital, LLC v. Dey Homeworks and Daniel Torres

Allegation: Unpaid balance due for money loaned: $3,494.09

Filed: 1/8/13

 

WESTFIELD DISTRICT COURT

TBF Financial, LLC v. Pavel Shevchuk d/b/a Seven Colors Painting

Allegation: Breach of promissory note: $12,506.55

Filed: 1/14/13

Commercial Real Estate Sections
Springfield Offers Substantial Tax Incentives to Residential Developers

The ability to attract developers of market-rate housing to Springfield has just been made easier thanks to a new tax-incentive program being administered by the Mass. Department of Housing and Community Development.

This effort, known as the Housing Development Incentive Program (HDIP), allows developers to apply for local and state tax incentives for the rehabilitation of multi-family properties for sale or lease primarily as market-rate units if located within a ‘housing development incentive zone,’ or HDIP zone. The program is available only in ‘gateway municipalities’ that have successfully registered as an HDIP zone with the Commonwealth. Springfield is now one such municipality.

On Dec. 3, 2012, the Springfield City Council approved an HDIP zone pursuant to a housing development zone plan, as recommended by the Springfield Office of Planning and Economic Development. The plan establishes a zone encompassing sections of the city’s downtown, North End, and South End. Included in the HDIP zone are three projects that the city believes could potentially have a market-rate housing component: Chestnut Street School, the Student Prince, and State Street Lofts.

The plan is purported to be consistent with the Urban Land Institute plan of 2006, which encouraged more downtown middle-income housing; the Zimmerman Volk Downtown Market Rate Housing Study of 2006, which indicated a market demand for such housing; and the 2012 UMass Medical District Report, which indicated that there is a significant number of medical professionals currently choosing to live outside of the city.

The Commonwealth’s recent approval of the Springfield HDIP zone represents a significant business opportunity for developers and a possible rebirth for the city’s struggling downtown.

The HDIP provides two major tax incentives for developers of multi-unit market rate housing:

• A local real-estate tax exemption in an amount not less than 10% and not more than 100% of the incremental value of the market-rate units for a period of not fewer than five years and not more than 20 years. Previously, these agreements could only be offered to commercial developments; and

• A state investment tax credit of up to 10% on all qualified expenditures in creating and constructing new market-rate housing units.

To qualify for these tax benefits, the development must have between two and 50 units, 80% or more of which are targeted for market-rate residential use and priced for households with incomes above 110% of the area’s household median income. Preliminary estimates for Springfield indicate the median income to be around $49,084 per year. There are no ceilings on the pricing of sales or rents or for the income of occupants.

Qualifying projects can be proposed in the Springfield HDIP zone, and require approval from the city and the Commonwealth.

The approval by the Commonwealth is a three-step process. First, based upon an application containing basic information about the property, the developer must seek preliminary approval that the building meets the standards of a certified housing-development project.

After receiving preliminary approval, based on a more extensive application, which includes construction documents and a marketing plan, the Commonwealth will consider the issuance of a conditional certification of the project. Once all of the certificates of occupancy have been issued for the housing-development project and 80% of the market-rate units have been leased or sold, the Commonwealth will consider issuing a final certification which designates the project eligible for the tax incentives.

According to the plan, the city envisions that the implementation of the HDIP will help to eliminate vacancy and blight conditions of some of the city’s commercial buildings by converting underutilized upper floors to attractive market-rate apartments; increasing foot traffic, which is a critical component for neighborhood viability; retaining local talent as well as recruiting talent from other areas by providing attractive housing opportunities for young professionals who work in and around the HDIP zone; promoting historic preservation; and strengthening the city’s ability to attract high-quality development to Springfield.

 

Ellen W. Freyman is a partner with the Springfield-based law firm Shatz, Schwartz & Fentin, P.C., who concentrates her practice in all aspects of commercial real-estate acquisitions and sales, development, leasing, and financing. She has an extensive land-use practice that includes zoning, subdivision, project permitting, and environmental matters; [email protected]. Michael A. Fenton is an associate with Shatz, Schwartz & Fentin who concentrates his practice in the areas of business planning, commercial real estate, estate planning, and elder law. He represents principals in business formation and succession planning, businesses in the purchase and sale of enterprises, developers in the acquisition and permitting of projects, and high-net-worth individuals in establishing comprehensive and sophisticated estate plans; [email protected]

Class of 2013 Difference Makers

Managing Director of Investments for Moors & Cabot Inc.

Jim Vinick

Jim Vinick
Photo by Denise Smith Photography

As he talked about one of his latest — and most intriguing — endeavors, Jim Vinick’s passion, perseverance, and dedication to those causes that are special to him came across quickly and clearly.

And so did his no-nonsense approach to getting things done.

This particular project involves a statue he’s commissioned that will honor the late Einer Gustafson — the individual identified fairly late in his life as the young boy who became the ‘Jimmy’ in the Jimmy Fund — and the man who treated him, Dr. Sidney Farber, founder of the Children’s Cancer Research Foundation (eventually renamed the Dana-Farber Cancer Institute) and the father of modern chemotherapy.

The initiative is the latest manifestation of a 35-year commitment Vinick has made to the Jimmy Fund, service that escalated, and took on a far more personal character, after his son, Jeffrey, was treated at Dana-Farber but eventually lost his battle against rare form of testicular cancer in 1982, and his daughter, Beth, became a cancer survivor.

Originally, the plan was to have the statue also include Red Sox slugger Ted Williams, long known for his devotion to the Jimmy Fund. But Vinick knows his Jimmy Fund history. So he also knows that, when the then-12-year-old Gustafson was selected to speak on Ralph Edwards’ national radio program Truth or Consequences from his hospital bed in 1948, he was surrounded by members of the Boston Braves, the National League franchise that actually started the Jimmy Fund (the Red Sox picked up the mantle after the Braves moved to Milwaukee in 1953).

Thus, Vinick decided to remove Williams from his plans, even though he was his close friend for many years and actually still owns the rights to produce his life’s story on screen (more on that later).

But there’s much more to this saga.

Originally, officials wanted the statue placed in what Vinick considered to be a remote corner of a huge facility cluttered with more than 19,000 pieces of art. “I said to them, ‘if we’re going to hide this, I’m not going to do it — not for this price [$150,000],” he told BusinessWest, adding that he then secured a far more prominent location where the statue would be virtually impossible to miss. Meanwhile, Farber’s son wanted some specific wording on the accompanying plaque.

“He wanted it certain ways, and I wanted it certain ways, and finally, I got it may way — and it was going to be my way or the highway,” said Vinick. “I told them, ‘this is my project, and I’m not doing this for Dr. Farber, I’m doing it for the original Jimmy.’ Dr.’s Farber’s obviously a massive part of it, but this all germinated with Jimmy.”

“My Way” is the title to a song made famous by Frank Sinatra and Elvis Presley, among others, but those two words constitute Vinick’s MO as well.

His way has been to be an ardent, nearly life-long supporter of the Naismith Memorial Basketball Hall of Fame, a commitment described by the Hall’s president, John Doleva, this way: “he is unequivocally one of the most passionate and involved board members in the history of Basketball Hall of Fame, and can be seen supporting our important events across the U.S., sharing the pride of the birthplace of basketball.”

His way has been to get deeply involved with the Western Mass. Jimmy Fund Council and stay involved for more than 35 years. His passion has been the Jeffrey Vinick Jimmy Fund Golf Tournament, which has raised more than $9 million in the 34 years it has existed.

His way has been to lend his time, energy, and imagination to groups ranging from the Jewish Community Center to the Willie Ross School for the Deaf; from Temple Beth El to the Springfield Armor basketball team (he’s a partner in that venture).

And his way has been to right some things that he sees as wrong — like the Dana-Farber Cancer Institute not having a memorial to either Farber or the young man who inspired a charitable institution that has raised hundreds of millions of dollars to find cures for a killer.

Because he’s always done things his way, and because that approach has greatly impacted so many lives, Jim Vinick has been chosen as a Difference Maker for 2013.

Star Power

The walls and shelves in Vinick’s office on the 15th floor of One Financial Plaza in Springfield are crowded with photographs, news clippings, and other assorted memorabilia that do a decent job of summing up his life, career, and philanthropic exploits.

The collection includes everything from photos of family members, including his son Jeff, to news reports involving Friendly’s — he controlled a large amount of stock in the Wilbraham-based corporation and was often quoted in recent years on the many developments that have shaped the company — to a snapshot from his early days doing The Vinick Report, the region’s first business-news segment, on Channel 40.

And then, there’s a photo that captures the moment in February 1986 when Ted Williams signed the contract giving Vinick exclusive rights to his life’s story.

“The check was for $125,000 — that was a down payment — and that was the biggest check he’d ever seen in his life,” Vinick recalled, adding that the Splendid Splinter, as he was called, never surpassed $100,000 as a ballplayer, and that figure represented the annual amount paid to him by Sears Roebuck for 20 years to be one of its top pitchmen.

“Ted was under the gun — in 1980, he dropped Sears Roebuck,” Vinick recalled. At the time, the two were close friends who had worked together on many Jimmy Fund initiatives, including the annual Western Mass. sports banquet, at which Williams spoke on several occasions.

Vinick has never been able to get the Williams project off the ground, although it’s not from lack of effort, and he says he’s not through trying. He had a screenwriter interested, fielded inquiries from several actors looking to play the part (including Treat Williams and David Hasselhoff), shopped the project at various Hollywood studios, and spent a lot of money trying to pull a script together. But the pieces never fell into place.

However, frustration with the Williams project has been one of the very few real setbacks for Vinick, who has historically seen his persistence and passion take him — and the organizations he’s supported — to where he wants to go.

Perhaps the best example of this is the Jimmy Fund, which he has served for more than 35 years as a member of the Western Mass. Council, work that could best be described as a mix of personal tragedy, triumph over extreme adversity, and true inspiration.

Most in the region know the story of how Vinick’s son Jeffrey succumbed to cancer after a long fight, and they probably know also how his daughter, Beth, won her battle against the disease, but not before her mother (Vinick’s wife, Harriet) took her own life just days after Beth’s cancer was diagnosed.

“Those are my daughter’s twins there,” said Vinick, pointing at a photo on his wall, adding that his work with the Jimmy Fund takes many forms. The golf tournament is the most visible, but there are many other fund-raising events, including the recent Chef’s Night at Chez Josef.

“For the past several years, the Western Mass. Jimmy Fund Council has raised over $1 million,” he said, “and my family’s been an integral part of that.”

And for his efforts on behalf of the Jimmy Fund, Vinick has receieved one of the highest awards bestowed by the organization, the Bob Cheyne Lifetime Achievement Award.

Far from satisfied, he’s pushing ahead with the statue of ‘Jimmy’ and Dr. Farber. He’s commissioned Brian Hanlon, who he met through the Hall of Fame (he’s the shrine’s official sculptor), who will add this project to a portfolio that includes a statue of Shaquille O’Neal on the LSU campus, one of Bob Cousy at Holy Cross, and planned works on Chuck Bednarik and Yogi Berra.

Court of Opinion

Beyond the Jimmy Fund, Vinick is best noted for his work with the Basketball Hall of Fame, an institution he’s been involved with for about as long as he can remember. Actually, it started with his father. He ran a dry-cleaning business and eventually became involved in the building of the first Hall of Fame on the campus of Springfield College, a project that started in 1959, but was often delayed by funding problems and wasn’t completed until 1968.

Jim Vinick was intricately involved in both the building of the second Hall (the first on Springfield’s riverfront), which opened in 1983, and the current structure, which opened nearly a decade ago.

“I guess that’s my legacy to the city of Springfield,” he said of the current Hall complex. “Obviously, we’ve had a tremendous amount of help everywhere, and I’m just a cog in the wheel … but I’m devoted to it, and I’ve been involved since day one.”

One of his signature projects was the creation of the Jeffrey Vinick Memorial Locker Room in the first Hall on the riverfront.

“He was always in the locker room, so I thought this was the most appropriate way to honor him,” Vinick said of his son, who starred in three sports at Longmeadow High School.

Over the years, Vinick has held a number of positions and titles with the Hall, including board member, governor, treasurer, member of the Audit & Finance Committee, and chairman of the Endowment Fund. For his efforts, he was recognized with the Chairman’s Cup Award in 2010.

Doleva told BusinessWest that it’s not only what Vinick has accomplished, but also how, that stands out.

“He’s a very intense individual, let me put it that way,” he explained. “When I first met him, I kind of felt that he was a little over the top. But you have to take time to understand what Jim is all about, especially when he’s passionate about an organization you’re involved with.

“And it does take time to completely understand where he’s coming from,” he continued. “But there is no one more impassioned, more connected to this organization, than he is.

“We have events all over the country, and very few of my Board of Governors members, who live throughout the country, attend them,” Doleva went on. “Jim’s at almost every one of them, and he’s a local governor. He’ll go to the Final Four, he’ll go to a statue unveiling, he’ll be at various basketball tournaments around the country staged to support the Hall of Fame. And he doesn’t just go to be there and enjoy a good basketball game and a few social events; he’s there, and the switch never goes off — he’s talking about Springfield and the Hall of Fame and the birthplace of basketball. He just never stops.”

This ‘never stops’ quality equates to always looking for new and different ways to give back to the community — such as with another of his more recent endeavors, restoration of Robert Lewis Reid’s historic mural, titled “The Light of Education,” which hung in the auditorium of his alma mater, Classical High School, for more than 70 years.

When the school was converted into condominiums in the late ’80s, the mural was removed and subsequently damaged, said Vinick, adding that he and other members of the class of 1958 are working in conjunction with the Springfield Council for Cultural and Community Affairs to restore the piece and then hang it in the Springfield Library.

“We’re up to about $109,000, and we’re still collecting money,” he said, adding that the efforts recently received a boost in the form of a $23,000 check from Audrey Geisel, widow of Theodor Seuss Geisel (Dr. Seuss). “This is a piece of Springfield’s history, and it should be there for citizens and visitors to enjoy.”

Art of the Deal

Work on the Jimmy statue had been delayed somewhat — Vinick said it took several months to get permission to use the 1948 Boston Braves uniform given to Gustafson by the team’s manager, Jimmy Southworth, in the statue’s design — but everything now appears on track for a spring unveiling.

There have been several challenges to overcome and many logistical hurdles to clear, but they are now all in the past tense.

That’s because Vinick is doing things his way, and also because, as Doleva said, the switch never goes off when it comes to something he’s passionate about.

George O’Brien can be reached at  [email protected]

Class of 2013 Difference Makers

President and General Manager of the Springfield Falcons

Bruce Landon

Bruce Landon
Photo by Denise Smith Photography

It was a few days before the National Hockey League was to begin its abbreviated and condensed season — salvaged by a new collective bargaining agreement reached in early January — and Bruce Landon was talking about the many ways the division-leading Springfield Falcons, the organization he’s been involved with for more than 40 years, would be impacted by those developments.

“We’ve lost six players,” said the team’s president, general manager, and minority owner, referring to the roster members who have been called up to the American Hockey League affiliate’s parent club, the Columbus Blue Jackets, since the labor impasse was resolved. “Every team has lost three to nine; whether we get one, two, or three back remains to be seen.

“They’re going to play 48 games in 99 days, so there are going to be a lot of injuries,” he continued. “So depth is going to be the key to success for teams in this league [the AHL]. It will be important for us to stay healthy here.”

Actually, the team already has a lot of depth, he went on, noting that it was built with the NHL’s labor situation in mind. In fact, the Falcons are carrying between 28 and 30 players, when they normally have 22 or 23 on the roster.

“And when you carry extra guys, it’s always expensive,” said Landon, who would quickly move on to other headaches, including everything from attendance still described by the word ‘flat’ to weather forecasts — not actual weather itself — that are often enough to keep people from driving to the MassMutual Center for a game.

But dealing with such challenges is obviously a labor of love for Landon, and this passion for hockey in Springfield is the sole reason why he’s still dealing with such issues as buying more tape and booking more hotel rooms because he has to keep more players on his roster.

Indeed, on three separate occasions, Landon has put together ownership groups that have allowed the city to keep an AHL affiliate, something it’s been able to do since 1936. And the most recent rescue was also the most harrowing.

It was the 11th hour, and the clock was getting ready to strike midnight. After negotiating with 28 potential ownership groups from Chicago, Washington, and even Russia, an exhausted Landon, whose wife, Marcia, was starting to worry about his health, was running out of options and nearly running out of hope that he could keep the team in Springfield.

That’s because the ownership group in place at that time was almost out of patience and applying some pressure to sell — even it meant to a group that would take the team to another city, like Des Moines, Iowa, which was coming ever more prominently into view as the likely landing spot.

But then, Landon had one more conversation with Charlie Pompea, a Florida-based businessman who had kicked the tires on the Falcons but was hesitant about pulling the trigger. It was after hearing Landon deliver an impassioned speech after the golf tournament they had just played in together — one in which he talked about the importance of preserving the team’s mailing address at Falcons Way in Springfield — that they initiated the talks that got a deal done.

Landon acknowledged that, while his business card says president and general manager, his unofficial job description for much of his tenure has been to keep a team in Springfield. And the main reason, he went on, is because, while Springfield has historically been good for hockey, the community should know and understand that hockey is very good for the city.

“Springfield should be proud to have a team in the American Hockey League,” he said, prefacing his remark by saying that he makes it quite often. “There are only 30 teams, and 30 cities across North America and Canada, and we’re one of them.”

For his untiring work to enable the city to say it is still one of those 30, Landon has been named a member of the Difference Makers Class of 2013.

Several Big Saves

As he talked with BusinessWest, Landon referenced an e-mail he had just received from Chris Olsen, one of the hundreds of interns he’s worked with over the years.

Olsen is currently vice president of Football Administration for the Houston Texans, who were still battling for an NFL championship until the New England Patriots beat them on Jan. 13.

“He wrote to basically say that he was following us and he was happy with our success, and he wanted to thank me for giving a young man an opportunity to get into the business,” said Landon. “Those things are so rewarding, and we’ve seen so many of them over the years.

“I love it when we see people come here and either work for us, or go on to bigger and better things, because that’s what we’re all about,” he went on. “We’re not just a development team for players … we’re also a development business for a lot of aspiring sports professionals as well.”

Helping individuals contemplating careers in everything from broadcasting to marketing to merchandising by giving them real-world experience is just one of the many ways in the which the Falcons have made an impact on this region, said Landon, listing others ranging from direct economic impact to providing wholesome family entertainment.

“We’re more than just a professional hockey team providing great sports entertainment for families,” he explained. “We are, and should be looked at as, a catalyst for downtown; on a good year, we can draw 180,000 people into the city, and the economic spinoff from that is in the millions of dollars.

“We create jobs for people at the MassMutual Center — we have 38 guaranteed dates there,” he continued. “Our players live here and spend money here, we employ people ourselves, we help the parking garage … our franchise is very important to the city in many different ways.”

Landon has been making such comments since Jimmy Carter was in the White House, making him perhaps the most enduring and significant sports figure in the city’s history.

And by now, most people in Greater Springfield know at least the basics of the Bruce Landon story — how the Kingston, Ontario native was drafted by the NHL’s Los Angeles Kings and came to the Springfield franchise (then also named the Kings) in 1969, and how he injured his shoulder in the later stages of the Calder Cup championship season of 1970-71, paving the way for future Hall of Famer Billy Smith.

They probably also know that he later went on to play for the New England Whalers in the World Hockey Assoc. (which eventually merged with the NHL in 1979) before returning to Springfield and the AHL in the late ’70s. And they likely know that, while playing for the team, he was also doing some front-office work, something that became a full-time endeavor when he blew out his knee at age 28 in 1977, forcing him to retire.

They might also know that he’s held just about every title one can have with a pro sports franchise, from player to broadcaster; from director of marketing and public relations to general manager and part owner, and that he has plaques in his den, including the James C. Hendry Award, presented annually to the AHL’s outstanding executive, which he earned in 1989.

Less well-known, perhaps, are Landon’s successful efforts behind the scenes to assemble ownership groups. He first did it in 1994 after the then-Springfield Indians (the name the team had for decades in a nod to the famous motorcycles made in the city) were sold to out-of-town interests and moved to Worcester. Partnering with Wayne LaChance, Landon started a new franchise and named it the Falcons after the birds that had famously begun to nest in downtown Springfield office towers.

And he did it in 2002, when he expanded the ownership base to provide more stability for the franchise. He managed to pull together a group of local business people to commit to the team and then stay with it through a succession of parent clubs and seasons that ended with the club at or near the bottom of the standings.

Eventually, the ownership group tired of the team’s lackluster financial performance and initiated the process of exiting the AHL. And it was this latest effort to secure ownership that would keep the team in Springfield that is considered the biggest save of Landon’s career — and the most difficult.

Goal-oriented Individual

“Selling the team at that time was a real challenge,” he recalled, “because no one wanted to keep the team in Springfield — they all wanted to move it. They were looking at other cities and other venues that were available … it’s a great league, and people want to be part of it.

“Had Charlie not stepped up and brought the franchise, there was a significant offer from a group that wanted to move it to Des Moines,” he continued, adding that he’s never made that information public before. “That [Falcons] ownership group had said, ‘there’s not much more we can do — we don’t want to lose money anymore.’ They were getting to the point where they wanted to sell, and if we couldn’t find a local buyer, then they’d take the best offer they could, even if that meant the team would be moved. A message was being sent, and Charlie saved the day.”

But, to borrow a term from his sport, Landon obviously earned a huge assist.

Returning to that golf tournament at which the two played together, Landon said his remarks at dinner obviously struck a chord with Pompea.

“He said, ‘you’re really serious about this, aren’t you?’” Landon recalled, adding that his lengthy answer to that query obviously convinced him he was. “We talked some more, and a few weeks later, we had a deal.”

Looking ahead, something Landon is far more comfortable doing than looking back, especially at his own exploits, he said that, despite the team’s recent success and position at the top of the Northeast Division, well ahead of the Bridgeport Sound Tigers and Hartford Whale, there are still many question marks about the future.

“There are no more rabbits left in the hat,” Landon said candidly when referring to the team’s status, using those words to convey his belief that there will be no more 11th-hour rescues for this franchise if the current ownership situation deteriorates.

“We have our lease through next year, and we have our affiliation agreement through next year,” he noted. “But, as Charlie and I talk about, this is a business, not a hobby, and we have to assess how we’re doing from a business standpoint; are we seeing some light at the end of the tunnel, and are we making progress?

“He wants to see this work,” Landon went on, referring to Pompea. “But he is a businessman, as I am. Overall, we’re cautiously optimistic that we’re going to get this thing headed in the right direction.”

He said the team is well-positioned in many respects. It has a solid partnership with the Columbus franchise, a favorable lease arrangement with the MassMutual Center, travel expenses far lower than most other AHL franchises because of its central location, and a lean operation. The keys moving forward are improving attendance, obviously, but also growing revenues across the board.

And this can only be accomplished, he went on, by gaining a full buy-in from the residents of not only Springfield but the entire region.

“I hope that fans understand that they have to engage and embrace this team so it stays here for many more years to come,” he said in summation. “I’ll eventually be leaving this position, and I just hope that the fans — and not just the fans, but the community — realize how lucky they are to have a team of this caliber, and never take it for granted.”

A Game Changer

On several occasions during his recent talk with BusinessWest, Landon heaped praise on Pompea, crediting him with the fact that Springfield currently has a team stirring dreams of another Calder Cup banner hanging from the rafters at the MassMutual Center.

“If it wasn’t for Charlie, this team would have been gone,” he said. “He’s the one who saved hockey here.”

That’s one man’s opinion. Most, however, would say that Landon himself is the individual worthy of that sentiment, earned through more than four decades of dedication to the Kings, Indians, Falcons — and the Greater Springfield area.

For that, he’s truly a Difference Maker.

George O’Brien can be reached at [email protected]

Class of 2013 Difference Makers

President of Soldier On

John Dowling

John Dowling
Photo by Denise Smith Photography

John Downing has file folders full of statistics at his disposal as he talks about the many programs being carried out by Soldier On and the philosophy that powers the organization — from the percentage of veterans it serves who have mental-health issues (78%) to the average hourly wage being earned by the many formerly homeless veterans now working for the agency ($10.89).

But perhaps the most powerful — and poignant — numbers are these:

There are more than 265 ‘residents’ of the homeless veterans shelter and transitional facility in Leeds, where the organization is based, and only about 25 of them went ‘home’ — whatever and wherever that is — for the holidays last December.

“The rest of them were already home,” said Downing, the long-time president of the organization, founded in 1994, who understands fully what those numbers mean and what they tell him his responsibility, and that of his staff, must be to those the agency serves. Basically, to redefine ‘home.’

“These people have lost everything, and so they identify now with the community they’re growing and serving in,” said Downing, who told BusinessWest that, when he took over at the struggling organization, housed at the Veterans Administration Hospital in Leeds, in 2001 at the behest of its board, he did so with the single goal of creating the “Holiday Inn of shelters.”

He did that in what seemed like a few months — although it actually took the better part of a year to complete a full turnaround, thanks to some dramatic changes in the basic approach taken. And looking back over what’s happened since, success with that goal might be considered perhaps his most modest accomplishment.

Indeed, Downing has been able to blueprint and implement a number of innovative programs and services, all designed with the Soldier On slogan — ‘changing the end of the story’ — firmly in mind.

The most intriguing, and celebrated, of these to date is an initiative that provides veterans with the opportunity to transition from homelessness to home ownership through a unique program that enables them to purchase an equity stake in their homes. The Gordon H. Mansfield Community in Pittsfield, where more than 40 veterans now own their own condos, has become a model being emulated around the country, and Soldier On is planning several similar projects in this area, in communities ranging from Northampton to Agawam.

But there is much more to the Soldier On story, including a unique and comprehensive veterans-outreach program that includes case-management and referral services and temporary financial assistance involving everything from daily living activities to transportation to child care.

There’s also a full roster of employment services — a key component in any individual’s struggle for financial independence — that include interview skills, money management, résumé building, training and education, and transportation. And there’s also something called the Veterans Justice Partnership, created with the purpose of developing service and treatment options and, where appropriate, alternatives to incarceration.

Meanwhile, Soldier On recently received a $100,000 grant from the Newman’s Own Foundation to develop a wellness center to support its growing women’s program, said Downing, adding that the money will be used to help fund a multi-faceted treatment plan aimed at “getting them back in the center of their lives.”

And while compassion is the primary driver of these programs, there is a practical side as well: some of those aforementioned statistics show that, while the VA is projected to spend $400,000 to $500,000 on a 54-year-old veteran over the rest of his or her life, in the Soldier On model, that cost drops to $150,000.

Overall, it’s not just what Solider On does that’s so impressive and makes this organization and its leader a Difference Maker, but also how. Its model is founded on the quality of social interaction amongst veterans, and it brings services to them instead of the other way around, while giving them the means to succeed rather than criticizing them when they don’t.

“Our job is to serve veterans where they are, and our job is to take responsibility for their failure,” Downing explained. “You don’t serve people by blaming them, shaming them, and making them afraid.”

For this special section profiling our Difference Makers, we talked at length with Downing about how this approach came about and why it has become so successful in positively impacting quality of life for veterans.

Vetting Process

During the course of his lengthy interview with BusinessWest for this story, Downing interrupted the proceedings on several occasions to bring various members of his staff into the discussion.

There was Maggie Porter, director of Communications; Michael Hagmaier, senior vice president; Dominick Sondrini, director of Outreach and Employment Training and coordinator of the Veterans Justice Partnership; John Crane, director of Case Management; and Katie Doherty, Women’s Partnership consultant, among others.

He wanted to introduce them and have them explain what they do and how, but he also wanted to display the great deal of pride he has in the team he’s assembled, the work it’s doing, and the intriguing approach it’s taking, which he explained in direct, colorful language.

“Everyone who comes to us is broken,” he explained. “And because of their brokenness, we all get to make a wonderful living serving them and figuring out strategies to bring their lives back to meaningful ways for them — not defining what we think is meaningful, but letting them define it for themselves.”

And as he elaborated, he ventured back to the weeks and months after he came to the then-7-year-old Soldier On, the latest in a series of assignments within the broad realm of social service and, especially, reintegration and after-care services.

He found an organization, started by some homeless veterans and employees of the VA hospital, that was functioning at about 40% capacity, had been poorly managed, and was essentially ready to be shut down by the VA.

His work to create that Holiday Inn he spoke of started with cleaning the buildings, replacing dilapidated furniture, and making sure the residents had decent meals and clothing.

And then, the real work started. By that, he meant changing and improving the way veterans were administered services and altering the basic approach taken by the staff. It was no small change.

“Most of us, as Communist-trained social workers, spend most of our adult lives learning how to tell people what to do,” he noted. “We tell people how to get into recovery, what steps they have to take, and what kind of financial planning they need to do. And we know how to tell them how to change their decision making.

“And I just thought that was a very offensive process to me as an adult,” he continued. “If you want to see my oppositional behavior rise up, just tell me what to do — and I’ll show you just what I’m not going to do. And I realized we spent a lot of time doing things that way, so I tried to figure out how to bring about change, because everyone in the recovery business, everyone working with homeless people, have all these rules and regulations that they like to enforce.

“So I decided to run the place with no rules — if you drank, you could stay, and if you missed your appointments, you could stay here, and that was quite different from what everyone else does in this world,” he went on, adding that another radical idea came to him — having the staff essentially take responsibility for the failures of those they’re serving.

This approach essentially changed the conversation, he said, from asking why they did certain things to asking what the staff could do to help them make better choices. That’s a fundamental change in philosophy that has had tremendous results.

“What we saw when we did that was that our number of intakes went from 1,025 for the 265 beds down to to 401,” he noted, adding that another major change was to either bring services to where those needing them lived — or bring them to the services.

Downing said that there are some things that he and his staff have come to understand over the years, and these have become the cornerstones to their model for delivering services:

• Veterans who have been homeless succeed in overcoming addiction, as well as physical and psychological challenges, when they are part of a community of veterans who serve and support each other;

• They typically fare better when they live in a community in which they are surrounded by the various services they need; and

• They require not only counseling and treatment, but education, employment training, and individual case-management services, all on an ongoing basis.

And when an agency can succeed in doing all that, many things are possible in that broad realm of helping veterans define — and achieve — things that are meaningful to them.

Room for Improvement

Nowhere is this more evident than with the program to transition homeless veterans into what amounts to home ownership.

And for the inspiration to take Solider On into this realm — what certainly amounted to uncharted territory and a tangled web of bureaucracy and funding programs — he returned to 2005 and a speech delivered by Army Maj. Ed Kennedy from the Joints Chiefs staff as the project in Pittsfield was being announced.

“As Kennedy finished his talk, he looked out on everyone and said, ‘I’m Major Ed Kennedy, I’m 31 years old, I’m in the Army, and I’m a dad to two children,’” Downing recalled. “And then he said to everyone, ‘I’m going back to Iraq, and I will die for you.’

“When he said that, in my head I was thinking, ‘every veteran in my care said, ‘I will die for you,’ and all 25 million Americans who were veterans said, ‘I will die for you,’ and I never heard it. And I thought to myself, ‘the people who said they would die for me … it’s OK for them to live in transitional housing with used clothing, be treated like second-class citizens, and be grateful for this, because I’ve never been grateful for their commitment.’

“And in that moment,” he went on, “I said, ‘the game is over for building shelters; I’m going to build beautiful housing for these people to own.’ That became the mission.”

The rest, as they might say, is history in the making.

And it’s been an intriguing, often difficult ride — Downing knew next to nothing about housing at that time, and had to endure a challenging learning curve involving something called limited-equity co-op apartments.

He saw a few models, mostly faith-based, in Minnesota and New York City, and took these concepts to a property he acquired in Pittsfield. The working model calls for individuals to buy an equity share in a complex (there are 39 units in Pittsfield, and thus 39 shares), and that share entitles the individual to rent an apartment. Soldier On provides Internet, cable, and 20 meals a month in a dining facility on the campus to help enable veterans to live in the complex on their limited incomes.

“It’s a model that really works — it ends homelessness for veterans, and it ends long-term care for veterans in the Veterans Administration system,” he said, adding that the win-win-win nature of the concept (there are also real-estate taxes to be gained by the community in question) is generating considerable interest in new projects.

There are 44 units planned for the VA complex in Leeds ($6.2 million has been secured from the VA to build it), another project is planned for the former police-training facility in Agawam, and more plans are coming to the drawing board across the country.

And while housing is certainly a huge part of the equation, there are many other ways in which Soldier On is helping to change the end of the story.

Another is through direct employment — there are now just over 100 people on the Soldier On payroll, and 74 of them are formerly homeless veterans — and helping enable clients to enter and succeed in the job market. Through the Homeless Veterans Reintegration (HVRP) program, funded by the U.S. Department of Labor, the agency provides veterans with the tools and support necessary for employment, said Downing, adding that this includes maintaining relationships between veterans and area employers.

There is also a greater emphasis on outreach, he continued, as well as on the recently instituted Veterans Justice Partnership, an alternative-sentencing program, involving the four western counties, for veterans who wind up in the court system.

In a nutshell, the program was created to provide veterans with access to information, resources, and programs to help them make positive transitions and lead productive lives.

“We’re in all four western-county jails every week with our staff, meeting with the veterans in jail, running groups, and helping them do their exit planning,” said Downing. “It’s another example of how go where the veterans are, we serve them, and, in this case, we try to prevent them from winding up there.

“The earlier you can intervene, the more effective you can be, and the costs go down,” he continued, adding that this sentiment applies not only to the justice partnership, but also to every Soldier On endeavor, and it goes a long way toward explaining the organization’s track record for success.

Fighting the Good Fight

When it was explained to those veterans who would soon be living in the Gordon H. Mansfield Community in Pittsfield that they would become taxpayers, Downing recalled, some responded with tears.

“They would say to me, ‘Jack, I never thought I could do this again — and I’m so grateful that I can do it,’” he told BusinessWest.

For making it possible for such individuals to give back to the community in such a different and rewarding way, and for truly changing the end of the story in so many positive ways, Downing and the entire staff at Solider On are more than worthy of the title Difference Maker.

George O’Brien can be reached at [email protected]

Class of 2013 Difference Makers

Organizers of Springfield’s C3 Policing Program

C3Policing

Michael Cutone, left, and John Barbieri. (Note: Tom Sarrouf was on assignment with his SF units and not available to be photographed.)

Michael Cutone was asked how he could tell if the C3P, or Counter Criminal Continuum Policing program, in Springfield’s North End was succeeding with its various goals in the manner that organizers anticipated when they commenced the initiative roughly three years ago.

The Massachusetts State trooper and master sergeant in the U.S. Army Special Forces (the Green Berets) paused for a second and nodded his head a few times, as if to indicate that he gets that question often, and that he had an answer.

Actually, he had several.

For starters, he told BusinessWest, there is statistical evidence showing often-dramatic reductions in what would be considered gang-related crime in the Brightwood neighborhood since this program, based on tactics used by the Special Forces in Iraq and Afghanistan, went into effect. Comparing 2010 statistics with those from 2009, before the initiative started, there was a 76% decrease in larceny, a 66% drop in weapons violations, a 55% reduction in burglary, and a 47% decline in motor-vehicle thefts.

But there is also anecdotal evidence concerning what is being called a counterinsurgency, or COIN, program, he said, listing everything from reports of gang members throwing their cell phones into the nearby Connecticut River because they believe the police must have them bugged — so accurate is their information about gang activities past and planned — to other reports of gang operatives offering to pay neighborhood residents for information on what those leading the C3P operation are up to.

Meanwhile, there’s the rising number of communities and police departments looking to emulate this model — officials have come from as far away as the Netherlands to observe the concept and talk with its organizers — and the growing volume of press it’s generating; the New York Times and Boston Globe have done stories, and 60 Minutes will present a report on the program later this winter.

Still, with all that, Cutone prefers to sum things up with what he calls the “non-traditional answer,” a summation of what residents and neighborhood activists are saying about C3P at what amounts to the heart of the program, regular Thursday community meetings designed to share information and ideas and continuously strengthen the relationship between the police and area residents. Or what they aren’t saying, as the case may be.

“No one’s saying, ‘you guys suck, and we don’t want you here anymore — this is a all a bunch a crap,’” he explained with a laugh, noting that such sentiments work as effectively (for him, anyway) as the crime stats, media attention, and cell phones in the river.

Collectively, they tell him that the COIN operation is meeting its overriding goal — to make things very uncomfortable for the gangs that once ruled these streets through intimidation, so much so that they’ll want to get out of the various businesses they’re in, especially selling drugs. And this happened because the program has succeeded in getting residents involved in making their streets safer, where once they were “inured, apathetic, and afraid.”

Those are three words that John Barbieri, deputy chief of police in Springfield, used early and often as he talked with BusinessWest about C3P. He is the official within the department with whom Cutone and Tom Sarrouf, a fellow state trooper and team commander of Cutone’s Special Forces (SF) unit, worked most closely to get this program implemented.

“The problem with the communities we’re talking about is that there’s very little involvement with the police,” he said, adding that the gangs in the North End had thrived in part due to what amounted to passive support from the community. “And there are myriad reasons for this, but a lot of this boils down to them not being stakeholders — these people are, for the most part, very poor, and they’d become inured to gang violence, violence in general, and drug dealing.”

In very simple terms, the C3P program has succeeded in making people claim a stake, he went on, and by doing so, they are considerably weakening that base of passive support.

Sarrouf agreed. “The residents there are now engaged in their community, where before they were not, plain and simple,” he said, referring to the most tangible and far-reaching benefit derived from what has become known in SF circles as the “Avghani Model,” named after the small town in Northern Iraq where these tactics were employed successfully to gain the trust and support of the local population and make them a resource in the fight against the enemy.

For their success to date and the promise of much more, Cutone, Barbieri, Sarrouf, and all those people in the community who work with them are truly Difference Makers.

Joining the Force

As he talked about how the COIN program works, Cutone offered a few analogies to help get his points across.

The first is what he calls the “seagulls and the Labrador retriever on the beach” scenario. Elaborating, he said that, while the dog will scare the birds away, they will merely hover or fly off, eventually to return; their lifestyle is interrupted, but not changed. The same is true, he said, with a typical police crackdown, or increased police presence, in an area like Springfield’s North End.

Another analogy involves a water balloon. When one pushes a finger into a full water balloon, it compresses that area, he said, noting that, when the finger is removed, the balloon returns to its original shape. What C3P is designed to do is apply several pressure points and not relieve that pressure, thus permanently altering the shape of balloon, or, in this case, a neighborhood. And a third analogy references a farmer battling weeds; unless one gets to the root of the problem and removes the weeds, they will keep coming back.

Using such effective visuals, Cutone, Sarrouf, and Barbieri explained how a COIN operation, and this one in particular, goes well beyond most traditional police tactics and the community-policing concept as a whole to involve a neighborhood in efforts to reduce crime.

And such extreme tactics are necessary, said Cutone, because gangs, like insurgents in foreign countries, are clever opponents not usually thwarted by what would be considered conventional approaches.

“Gang members and drug dealers are very savvy; they exploit the fact that people don’t want to engage with the police,” he explained. “They exploit that passive support. Just like insurgents, they move into areas where people are not going to report on them. Terrorist training camps don’t set up shop in Longmeadow or Belmont, Mass. They set up in Yemen, Afghanistan … failed states. Well, gang members and drug dealers will move into a failed neighborhood for the same reasons.”

‘Failed’ would be one effective way to describe Brightwood in the early fall of 2009, said Barbieri, adding that it was, at that time, the scene of heightened gang violence and activity, punctuated by several murders, including one “finished off” near the entrance to the trauma unit at nearby Baystate Medical Center.

In response to the surge, Springfield police countered with heightened patrols and a spate of arrests. “We were carrying assault rifles because they were carrying assault rifles,” he recalled, adding that, while police were diligent in their work, the results were basically similar to that of the retriever on the beach.

It was about this time that Cutone — who had attempted to initiate a counter-insurgency program in Brightwood based on tactics used by the SF, but seen it back-burnered — made another push. And the reason was obvious to those fighting crime in that neighborhood at that time, he said.

“It was clear that, just as we couldn’t kill our way out of insurgency in Iraq, we weren’t going to arrest our way out of this gang and drug problem,” he said.

Instead, the answer lay with intelligence, said Barbieri, returning to his thoughts about making residents stakeholders.

“It’s the community involvement that separates these neighborhoods from the suburbs and even the more affluent areas of Springfield, such as 16 Acres and Forest Park,” he explained when talking about the attitude that existed in Brightwood three years ago. “If there’s a crime in those neighborhoods, people become involved. If there’s drug dealing, they don’t tolerate it. When they call the police, they demand results — they go out and take pictures of the people involved; they take down license plates.

“In Brightwood, we were working like animals, but it all boils down to intelligence, and no one was telling us what was going on,” Barbieri continued. “No matter how long I work your neighborhood, no matter how much patrolling I do down there, I don’t know your neighborhood like you do — you know who’s dealing drugs and who’s hanging out in front of your house all day. It’s a community that keeps a community safe.

“Trooper Cutone comes up to me at a meeting and says, ‘I just got back from Iraq; there’s a counterinsurgency model to target gangs where we get the community involved and committed, and we try to change the conditions and build capacity in the neighborhoods,’” he went on. “I was the right target audience, and this was the right target location.”

For Your Information

Cutone recalls that the COIN initiative got its unofficial start with what he described as “dismounted patrols,” where he would get out of his cruiser and walk into shops and engage the owners and employees.

“That’s something we would do in Army SF when we were deployed in remote areas — we would live amongst the villagers and get to know them,” he explained. “Using that principle that I was taught, I would walk into a lot of these Hispanic shops, using my limited supply of Spanish to simply say ‘hello.’ These folks would look at me like a hog staring at a wristwatch, saying, ‘why is this trooper in my shop having coffee and asking me how I’m doing?’ So I got the cold shoulder in a lot of places.”

Changing attitudes and generating the steady flow of information, or intelligence, that the program needs to succeed took the better part of year, said those we spoke with, adding that the process of building trust and a working relationship with the neighborhood’s residents was difficult, and it is in many ways ongoing.

There are many moving parts within the program, but its heart and soul is the regular Thursday community meetings, staged at a few different locations, such as the apartment complex at 101 Lowell St.

At these sessions, updates are given, information is shared, and ideas are launched, such as the so-called ‘walking school bus’ concept — teachers chaperoning groups of students as they walk to school in the morning — which was offered by an employee of the Baystate Brightwood Health Center.

Overall, trust is built and momentum is generated through these meetings and other initiatives, such as regular Saturday neighborhood walk-throughs during which police officers will knock on doors and engage residents, other types of outreach efforts, classes on how to report crimes and spot gang activity, and ‘text-a-tip,’ which enables residents to forward information anonymously, said Cutone and Barbieri, adding that the results have been dramatic when it comes to the residents of the neighborhood taking that stake they once resisted and becoming an invaluable resource.

“We gave them our work numbers, our work cell numbers, our e-mail addresses, we gave them classes in how gangs recruit youths and how to identify if your child is in a gang — those types of things,” said Cutone. “And what happened, little by little, is that, between the Thursday meetings, the walk-throughs on Saturdays, and these classes, the amount of criminal information started increasing exponentially.”

And this volume represents a radical departure from what the police are accustomed to, and normally forced to subsist on.

“Typically, narcotics units and gang units get their information from criminal elements — I arrest a bad guy, he’s looking at X number of charges and X number of years, so all of a sudden, he wants to cooperate with the police, so he gives me another bad guy,” Cutone explained. “That’s a good technique, and we still use that technique; the problem with it, though, is that you’re minimizing your information flow, because 95% or more of the people in a community are law-abiding citizens. If you’re only dealing with the criminal element, you’ve eliminated 95% of your information flow.

“So now I have all this intelligence coming into my work computer — I’ve had guns and drugs located because informants would send material to my work cell phone and we’d be able to make arrests and recover stolen weapons,” he continued. “None of that would have happened if we hadn’t built this rapport with the local population.”

This steady flow of information has changed life for gang members to the extent that there are reports that some are buying new cell phones every month because they believe the police are somehow tapping the lines, said Barbieri, adding that there have been other reports of residents trying to chase away undercover police officers working the neighborhood, believing they’re there to buy drugs.

As for the neighborhood as a whole, there has been palpable change, said Sarrouf.

“When you ask people what’s different about living there now as opposed to before the program started, they’ll tell you very candidly that it’s safer, they feel more engaged in their own community, and they feel more empowered to be able to participate in the direction their community takes with respect to the issues that they had prior to this.

“Before, the North End was just truly chaotic; that’s the only way to describe it,” he went on. “Is there still crime there today? Of course, but it is at a much more manageable level, where there’s trust built between the community, city government, and law enforcement where they can respond more accurately, in a more timely fashion, and with a better approach.”

State Rep. Cheryl Coakley-Rivera, who represents that neighborhood, used different words to say essentially the same thing.
“There’s a renewed sense of hope — that’s the word I keep coming back to,” she explained. “But there’s also a sense of action and responsibility. If I’m a resident and I go to one opf these meetings, I come away thinking, ‘what can I do? — I have a team behind me now. What is my responsibility when it comes to working with that team?’ Is it just to fix my fence or clean up my yard, or is it call text-a-tip because I saw a guy put a gun in his trunk?’ There is a new sense of responsibility.”

To a Different Beat

Despite the gains in Brightwood, Sarrouf said, there is still much work to be done in this neighborhood.

“We’re not trying to fool anyone and present this as any kind of quick fix,” he explained. “Right up front, we said that this is a very long-term project, one that will take years to accomplish all its goals. Are we there yet? No, but we’re seeing incremental dividends with respect to the fact that the community is getting better over time.

“And what we’re not seeing is a fallback to what it was — which is a very good thing,” he continued.

In other words, there is more than sufficient evidence — both hard and anectodal — to suggest that this program is working, and that those who have put it in a position to succeed are worthy of being called Difference Makers.

George O’Brien can be reached at [email protected]

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

 

FRANKLIN SUPERIOR COURT

Business Loan Center, LLC v. Hoop Mountain Academy, LLC and 202 Entertainment Ltd. Liability Co. and Catherine White

Allegation: Non-payment of remaining balance due on note: $617,301.12

Filed: 11/26/12

 

Catherine Kilgallen v. PNC Bank, N.A.

Allegation: Negligent property maintenance causing injury: $237,700.65

Filed: 11/7/12

 

GREENFIELD DISTRICT COURT

Soaring Capital, LLC v. Spuds in Buds Flower and Debra A. Pasienik

Allegation: Unpaid balance due for monies loaned: $7,879.77

Filed: 11/27/12

 

 

HAMPDEN SUPERIOR COURT

American Express Bank, FSB v. C-Tours and Walter D. Witholt

Allegation: Breach of contract and unjust enrichment: $63,300.78

Filed: 12/20/12

 

Margaret Bielen v. Depuy Ortho Inc. and Johnson/Johnson Services

Allegation: Plaintiff was implanted with a defective Depuy ASR hip: $63,216.88+

Filed: 12/20/12

 

Tighe & Bond Inc. v. 200 Tillary, LLC

Allegation: Mechanics lien for amount owed: $41,567

Filed: 1/2/13

 

SPRINGFIELD DISTRICT COURT

Zainab Abdi v. Academic and Behavioral Clinic Inc.

Allegation: Breach of contract and unpaid wages: $1,985

Filed: 12/24/12

 

WESTFIELD DISTRICT COURT

Harty Law Offices v. C.E. Pratt and Sons

Allegation: Non-payment of legal services: $14,000

Filed: 12/4/12

Features
Ice-cream Flavor Creator Steve Herrell Is an American Innovator

Steve Herrell

Steve Herrell stands below his original hand-cranked ice-cream freezer, which he used in 1973 to create his sweet innovations.

Steve Herrell has been called many names: Flavor Master, Mr. Mix In, Cone Head, Godfather of American Ice Cream, and Santa Claus, to name a few.

The first four monikers refer to his rise to sweet fame as ‘Steve’ of the original Steve’s Ice Cream in Somerville, Mass. in the mid-1970s (which he sold in 1977), and now as president of Northampton-based Herrell’s Ice Cream, founded in 1980, featuring his ‘Mix-ins,’ which were later trademarked as ‘Smoosh-ins.’

That last name refers to Herrell’s current shock of white hair and beard, which has prompted more than one child in his Thornes Marketplace store to gasp, “look, it’s Santa Claus!”

Judy Herrell, Steve’s former wife, who serves as vice president of Herrell’s Ice Cream and president of Herrell’s Development Corp. for Herrell’s Hot Fudge and franchise opportunities, said there may come a day when she’ll get Steve in a red suit to portray Santa.

For now, they’re just trying to keep up with the constant, year-round walk-in business to the Old South Street flagship store that attract what, for more than 30 years, have been called ‘line standers.’

“There are hundreds of them around Boston and this area, and there are now the children of the line standers,” Judy said with pride. “They will say, ‘my parents used to stand in line waiting an hour or more for ice cream.’”

These devotees cite, first and foremost, the quality of more than 220 unique flavors of Herrell’s all-natural, preservative-free, premium ice cream, and other cold treats and toppings. That, combined with Americans’ deep love of ice cream — we eat it pretty much year-round — has helped make Herrell’s increasingly popular and spawned a second location in Huntington, N.Y., in addition to various spots around the region that sell the company’s sweet products.

According to a Mintel Consumer Research report, in 2011, the ice-cream market posted a 4.1% increase from 2010’s retail sales of $10.7 billion, and once all data is considered, was on track for continued growth of another 4% in 2012.

But Herrell’s fame, not as ostentatious as household names like Ben & Jerry and Cold Stone Creamery, has a more modest flavor. Regardless, any ice-cream business today owes it a huge debt of gratitude.

If not for Steve Herrell, there might be no ‘premium’ ice cream (more on this in a bit), and there would be no Cookies and Cream or Heath Bar Crunch ice cream — which he originally called Mix-ins — or other now-common and trademarked concoctions, an effort that the International Dairy Foods Assoc. deems ‘co-branding.’

Sure, maybe someone else would have eventually come up with those industry-impacting innovations, but it was Herrell who did them both first.

For instance, by creating a method to slow down the dasher scoop in the ice-cream freezer, he was able to produce a premium product with a lower amount of aeration than regular ice cream. But it was also his idea to add candy bars, cookies, nuts, and brownie bits to ice cream, which he custom-mixed for each customer on a cold marble slab.

Indeed over the years, this innovator and his ice-cream shops have been featured in Bon Appetit, Newsweek, Time, the Food Network, and TV Diner, to name a few media, and last August, Herrell’s Ice Cream was named one of the ‘10 places you must visit’ by  GQ magazine.

For this issue, BusinessWest got the scoop on Steve Herrell and his intriguing history in the premium ice-cream business and the process that makes it one of America’s favorite treats.

 

Second Scoop

Judy Herrell

Judy Herrell says Herrell’s Hot Fudge winning the top spot over Williams-Sonoma Hot Fudge in a taste contest is a very big deal.

Judy and Steve met in 1980, at the beginning of his second ice-cream career start. They married in 1985, had a daughter, Jessye, and divorced amicably in 2000, all while maintaining their company positions. Steve eventually introduced Judy to Stephan Wurmbrand, who became Judy’s second husband — and the company CFO.

With Wurmbrand’s daughter, Allison, now added to the family, “Thanksgiving is a bit unusual in our house, but it works,” said Judy.

Even with Herrell’s innovations and dedication to the ice-cream craft, he admits he’s not on the cultural level of Ben & Jerry’s. But Ben Cohen and Jerry Greenfield actually visited Herrell in the late 1970s to research their own ideas, which they developed into a nationwide sensation.

“They looked in the ice-cream-making machine and wondered why it was going more slowly than others they’d seen,” Steve recalled. “I don’t think they ever figured it out.”

The Herrells, Cohen, and Greenfield remain friends to this day, while their companies have adopted far different strategies.

“We are not Ben & Jerry’s … our sales are much lower, and they took a different tack,” Judy said. While Herrell’s does not sell to supermarkets, preferring to hand-pack the ice cream at the time of order, she explained, Cohen and Greenfield opened more stores, sold product in commercial grocery chains, and developed quite a few marketing stunts, which helped brand their name. Cohen and Greenfield have also been quite political, at times controversial, while the modest-yet-charismatic Herrell, “has always been more of a ‘home’ kind of guy.”

While driving a cab for a living in Boston, way before the first ice-cream shop, Herrell would have a hot-fudge sundae every day for lunch, “from either Brigham’s or Friendly’s,” said Judy.  “That’s what gave him the impetus to know he could make better ice cream.”

Indeed, every Fourth of July, Herrell’s family would make ice cream in a hand-cranked barrel freezer. Eventually, due to his dairy obsession, he tinkered with the motor of an ice-cream maker freezer and found the right gear-reduction device to incorporate into the mechanics. During the slowed churning process, less air got into the freezing cream, and a higher fat content resulted in a much richer and creamier end result.

The process, now known as ‘low overrun,’ was essentially what food-trade magazines have called the beginning of premium, or gourmet, ice cream.

“Everybody uses it now,” said Judy, adding that, nonetheless, no one has been able to copy exactly what Steve makes. “We know why, but we’re not telling.”

Steve also had an affinity for a certain candy back then. “I thought Heath Bars would go well with ice cream,” Steve smiled. “But in what flavor … coffee, malt, maybe chocolate?”

The answer would turn out to be whatever flavor somebody wanted it to be. It was with this original concept — mixing goodies into his low-overrun processed premium ice cream — that Herrell opened Steve’s Ice Cream in an old dry-cleaner store near Harvard in 1973. After the first day, during which he sold out of all 32 gallons of ice cream, word spread, and the line-stander tradition began.

Burned out with 90-hour weeks at the Somerville location, and envisioning life as a ‘homesteader’ — a person who literally lives off the land — Herrell sold the Steve’s Ice Cream and Mix-ins trademarks in 1977, but not the formulas for the ice cream or hot fudge. He figured he’d need a bit of cash for things here or there, so he learned how to tune pianos.  But homesteading and piano tuning didn’t last long.

“I didn’t think I would miss it,” he recalls.  “But I did. And by that time, I really knew a lot about ice cream.” With the 1977 sale had came a three-year non-compete clause, and, now living in the Western Mass. area, he found an ideal spot in Thornes Marketplace and opened Herrell’s Ice Cream in 1980 — and the rest is sweet history.

 

Churning Process

How much ice cream has Steve eaten in his lifetime? His response, as he looks up at the hand-cranked ice-cream barrel on display, is a chuckle and the realization that he has no idea. But he bets it’s quite a lot, and while he has to watch his weight these days, most of the tasting is just that — tasting.

Creating five to six flavors a year, Herrell gets an idea and devises a few recipes in small batches. From those he produces between four and 10 different batches before settling on a composition, and he is the final taster. Sometimes, he said, only one or two tries are necessary because he’s gotten so good at knowing what the impact of a certain ingredient is going to have and how it will interplay with other flavors in that batch.

Then the administrative end of the business kicks into gear; that includes familiarizing the staff with the new flavor and making a flavor sign with any explanation necessitated by a play on words.

He typically ends up with four or five ‘experiment sheets,’ and each new flavor gets its own folder, under lock and key.

The number of folders is well over 240, said Judy, including 220 ice cream flavors; a selection of sorbet, sherbet, and ‘no moo,’ or dairy-free, flavors make up the other 20.

Rarely is a flavor removed, except the unusual occasion of a product ingredient coming off the market, like the Twinkie. Not all flavors are available all the time; that wouldn’t be possible since the store product is made on site. Seasonal flavors like Egg Nog during the holidays and Guinness around St. Patrick’s Day always bring more line standers.

Flavor suggestions come via Facebook, e-mails, and line standers, and all are taken into account, but the final say is up to the Herrells themselves: Steve as the final flavor taster, and Judy to gauge overall profitability, which, in the case of cocoa, can be completely unpredictable.

She explained that the base of all Herrell’s chocolate flavors is cocoa. “When I first started making our hot fudge, a bag of cocoa was $75; now that same 50-pound bag is over $200.”

There are only two companies in the world that process the cocoa powder, she told BusinessWest; add in global politics, taxes, and weather, and the result is a cocoa price that is constantly fluctuating.

Judy’s temper also fluctuates at times, most recently due to royalty demands. Facing possible extinction in the 1970s, she explained, Steve’s use of Heath Bars in Mix-ins, increased the candy’s production 27% between 1985 and 1986 alone. But Heath was sold to Hershey’s, and Herrell’s was informed recently that, after 30 years of offering Heath Bar Crunch and other ice-cream flavors using Heath Bars, the use of the name would require a $25,000 royalty fee, per flavor, per year.

“We kind of saved the Heath company,” Judy said with a wry smile. “But, with nine or 10 flavors, it was cost-prohibitive, so we just changed the name to English Toffee Crunch.

“If they push me any harder,” she added jokingly (sort of), “I’m going to use another brand.”

 

Just Desserts

Ice Cream isn’t the only thing on the menu at Herrell’s. All-natural Herrell’s Hot Chocolate is made in small batches and comes in Original, Peppermint, Irish Cream, Mexican, Malted, and Coconut. And the gooey, rich, corn-syrup-free Herrell’s Hot Fudge, which comes in Original, Almond, Coconut, Peppermint, Orange, and Chipotle, is also an award winner, like its premium ice-cream partner.

In August 2011, Judy saw the Herrell’s Hot Fudge jar pictured in a SeriousEats.com taste-test announcement. The publication had purchased various products in Whole Foods and tested them with readers, and Herrell’s won the top spot, said Judy. “What’s interesting about this is who we beat; these are gourmet companies, and that makes it a really big deal.”

Indeed, little Herrell’s Hot Fudge, produced and packaged at the Franklin County Community Development Corp. food-processing kitchen, beat out Williams-Sonoma Hot Fudge and King’s Cupboard Bittersweet Chocolate Sauce.

A recent coup for the company is the move from the specialty area of the North Atlantic region of Whole Foods, which Herrell’s Hot Fudge has called home for five years, to the general grocery department of all the chain’s stores. This will pit the brand against all the current products in Whole Foods. “It’s another big deal,” she said.

Through Herrell’s Development Corp., Judy oversees the hot-fudge business and franchising, which is by inquiry only until the economy gets better. Meanwhile, the trademarked Steve’s name that was sold more than 35 years ago pops up with different owners who have tried and failed nationally to resurrect Herrell’s initial quality and success; the most recent is a revival in New York City that is “not doing too well.”

Certainly, in Northampton, Huntington, and beyond, Steve Herrell’s got it licked — proving that it’s not what’s in the name, but what’s in the product, that determines the hot hand in the cold arts.

 

Elizabeth Taras can be reached at [email protected]

Features
Amherst’s College Collaborations Fuel Innovation

Amherst mapTony Maroulis says Amherst offers the cultural sophistication of a big city with the charm of a small town.

“It’s a pretty unique place where you can walk past a rock star and a Nobel laureate in one day — and that really does happen here,” said the executive director of the Amherst Chamber of Commerce.

The town is home to UMass Amherst, Amherst College, Hampshire College, and eight museums, which attract hundreds of thousands of visitors each year, in addition to its 38,000 residents. There are also three parks and a plethora of community and cultural events.

“Higher education is our smokestack industry, and there is innovation, research, and an economic spinoff from it as we are bringing world-class researchers and students together,” said Town Manager John Musante. “Plus, UMass is in the midst of a building boom and growth strategy.”

This results in jobs — UMass Amherst is the second-largest employer in Western Mass. — and benefits to the town. “There are three individuals on our water-supply protection committee who are leading researchers,” said Musante. “The ability to engage a talent pool and their willingness to help the town is a real strength that makes Amherst a great place to live and work. People get involved here, and the economic and cultural vitality is largely driven by an active engagement of citizens and people who work at the colleges.”

Maroulis concurs, and says the town has something for people of every age. “Amherst offers cultural opportunities, a wonderful intellectual community, and a good school system. It’s a great place to raise a family and a pretty place to look at,” he said. “You can see the Pelham hills in the distance, and there is lots of open space downtown.”

But the bucolic setting belies the 21st-century progress that makes Amherst a leader in technology and green energy. Many changes have occurred over the past few years, and town officials make it easy for solopreneurs, partnerships, and developers to succeed.

John Musante

John Musante says Amherst’s strong network of colleges and universities has driven the town’s economic and cultural vitality.

Last month, the town completed work on the largest and fastest open municipal wi-fi network in Massachusetts. “Amherst is well-positioned in the ongoing technological revolution as the state and college fiber network also runs through town, which makes downtown an even more attractive place to live, work, and grow a business,” Musante said. “We have the cultural amenities of a college town with the infrastructure of research and a skilled workforce. And the cost of living is very competitive.”

The wi-fi network also gives Amherst a competitive advantage and has spurred growth of the café culture downtown. “You can find people writing code for a website or writing a freelance article for a New York magazine in our coffee shops,” Maroulis said.

 

New Life

The town has continued to grow over the past few years in spite of a still-sluggish economy. A number of new restaurants have opened, with several geared toward students and others designed to attract adults and families.

“But they have really created a restaurant buzz,” Maroulis said. “Amherst is becoming a foodie paradise.”

In addition, renovations to the historic Lord Jeffery Inn were completed in November 2011. “It reopened after being closed for several years. It has filled a void, and there has been a lot of energy and excitement at that end of the common. The inn brings in hundreds of people each week who stay there and attend local functions,” Maroulis told BusinessWest.

The renovation included the addition of nine new rooms, a new ballroom that holds 200 people, and a new restaurant. “They are ramping up their wedding business as well as small conventions from the college and university community,” he added, noting that collaboration is evident on all fronts, including in the town’s new Business Improvement District (BID). It was launched early last year and is funded in part by Amherst College and UMass, whose property borders the edges of the downtown perimeter.

Its president is Larry Archey, who is director of facilities and grounds at Hampshire College. In addition, several representatives from UMass Amherst and Amherst College are on the board of directors at the Chamber of Commerce.

“Our BID is unique because there is both money and in-kind contributions,” Musante said, adding that he is a board member. “We all have a vested interest in the success of our downtown and want to strengthen it so it enhances the quality of life and increases partnerships and relationships with the two campuses.”

Beautification, marketing, and special events are on the agenda, and the first event the BID staged was an Amherst Block Party. It attracted about 6,000 people who mingled as they enjoyed food, live music, shopping, and street performers. “It was festive, a lot of fun, and a terrific win for the colleges, university, and businesses,” Maroulis said.

Other popular events include the annual Taste of Amherst, which draws more than 20,000 people during its four-day run in June, and a Winterfest, staged Feb. 9, which brought people out during the cold weather to enjoy cardboard-box sledding, fireworks, live music, and a chili cookoff between local restaurants. The chamber purchased a small snow-making machine several years ago, so lack of the white stuff is never a problem.

Tony Maroulis

Tony Maroulis says Amherst offers both the cultural sophistication of a big city and the charm of a small town.

5Developers are also investing in the downtown area, and last spring, construction was completed on a new, luxury, $3.5 million apartment building known as Boltwood Place. “It’s full. People want to live downtown and be able to walk to work,” Musante said, adding that a growing number of seniors are retiring in Amherst due to its cultural offerings.

There has also been a significant investment in road reconstruction on Route 116 in the Atkins Corner, which runs from the village center to South Amherst. “We think it will foster additional private investments in the area,” he said. Road improvements are also being undertaken in the Notch.

 

Economic Development

UMass trustees have approved nearly $900 million in new projects for Amherst, which include a new campus master plan, a $144 million science building slated to open April 13, a new classroom building now under construction, and new dormitories which will hold 1,500 students from Commonwealth College. It is expected to open Sept. 13.

“They want to grow by 3,000 students over the next 10 years,” Musante said, adding that the university opened another new, state-of-the art science building about three years ago.

He explained that Commonwealth College is for honors students from across the state, so the new dorms will help to attract a top-tier-caliber student body. “It makes the university even more attractive, which is important because our economy is linked with their success,” Musante continued. “They are a center economically and culturally, and as research grows, the demand for off-campus space is a direct spinoff. We are working with the university to explore possibilities for private investment for research and development and wet-lab space.”

Amherst College, which owns the Lord Jeffery Inn, launched its $425 million “Lives of Consequence” Capital Campaign in October 2009, and installed a new president in 2011. In addition, the college is adding its own new, $200 million science building, which is in the design phase.

Hampshire College, situated a few miles away, is a leader in environmental education. Amherst is also a leader in its own right and was designated a green community by the state this year. In addition to the town’s new sustainability coordinator, it has embarked upon a five-year plan to reduce energy consumption by 20%, and is using a $300,000 state grant to install energy-efficient LED streetlights. “There will be a big payback in the tens of thousands of dollars each year,” Musante said.

Town officials are also in the midst of a permitting process to install a solar farm at its old landfill, via a collaboration with Blue Wave Capital, which would supply the majority of the municipal buildings and schools with renewable energy. And a third project, which is in the feasibility stage and will involve private investments, is the installation of an anaerobic digester which would convert organic material (including food; fats, oils, and grease; wastewater biosolids; and manure) into a methane-rich biogas that can be used for heat and electricity.

“UMass has an active interest in it from an operational and research standpoint,” Musante said, adding that it is a major Department of Environmental Protection initiative, and there are plans to install three facilities in the state.

Hampshire College is also erecting a new building with a master plan of relocating Amherst’s nonprofit Hitchcock Center for the Environment to their campus. “It’s a new partnership which will strengthen them both,” he added.

 

Continuing Prosperity

Amherst has been largely insulated from the economic downturn that began in 2008 because it is a college town. “Although we did have a modest decline, our housing prices have remained more stable than the rest of the nation, which is another real strength. And our population is growing,” Musante added.

So are the number of partnerships and projects in the planning stage. Which means the economic spinoff will continue to make Amherst a place where innovation, research, and cutting-edge technology are a mainstay, with the added attraction of culture that attracts people of all ages and all stages of life.

Opinion
The Power of Passion Makes a Difference

When State Trooper Michael Cutone talks about the so-called C3P, or Counter Criminal Continuum Policing Program, now being implemented in Springfield’s Brightwood neighborhood, there is an unmistakable passion in his voice.

And it’s understandable.

Cutone, fellow State Trooper Tom Sarrouf, and John Barbieri, deputy chief of police in Springfield, are the three main architects of this program, which has enjoyed considerable success with the daunting task of taking neighborhood residents, once relegated to the role of spectators by fear and apathy, and making them a major force in a counter-insurgency effort that has gang members reportedly throwing their cell phones in the Connecticut River because they believe they’re bugged by police.

“Gang members and drug dealers are very savvy — they exploit the fact that people don’t want to engage with the police; they exploit that passive support,” Cutone told BusinessWest, adding that, while the program has a long way to go, it is succeeding with its broad goal of turning that base of support on its ear. And it is because of his passion for the program and its tactics — borrowed from work Cutone and Sarrouf employed with the Green Berets in Iraq — that it is enjoying solid results and bringing news media from across the country to see how it works.

This passion might be considered the prevailing common denominator among this year’s class of Difference Makers.

Indeed, there is passion in Bruce Landon’s voice when he talks about not only how, but why he has fought so hard to keep professional hockey in Springfield, assembling three different ownership groups. That same emotion is there as Sisters Kathleen Popko and Mary Caritas talk about the Sisters of Providence and their incredibly inspiring 140-year track record of finding new and much-needed ways to assist underserved segments of the population.

The passion is palpable as the remarkable John Downing talks about Soldier On and how it never stops working to find ways to improve the lives of those who have served their country. And it bubbles over when Jim Vinick talks about the Jimmy Fund, the Naismith Memorial Basketball Hall of Fame, and the myriad other causes and institutions he has attached his name to.

Thus, we may well attach the subtitle ‘the power of passion’ to this year’s stories, because it certainly sums things up. There are, indeed, many ways to effectively make a difference in a community, but the process of doing so begins with the requisite passion for a cause or a problem. And there is a lesson there for all of us — find something, or some things, we’re passionate about, and then use that emotion to change people’s lives.

Landon is often called ‘Mr. Hockey’ in Springfield, a fitting title for someone who played the game here and has held about every title in the front office. But there’s a big difference between liking a sport and devoting your life to keeping a team playing in downtown Springfield. The difference is the level of passion.

The same can be said of Vinick. Many people sit on multiple boards and donate time and money to causes. Vinick goes beyond, giving himself to those causes. That means he gives his love of his hometown and the game with which it is identified, and he gives his desire, born from great personal tragedy, to help all those who have seen their lives turned upside down by cancer.

Downing has a simple passion for helping any individual who would go fight and die for his or her country, and this is seen clearly in a career-long quest to help those who discovered that their fight wasn’t over when they returned home from service. And the Sisters of Providence have made a passion for caring service the trait that defines the congregation.

The stories of this year’s Difference Makers vary in some ways, but they all convey the same message: there really is no limit to what you can accomplish when you’re passionate about something, and when you find ways to channel that passion into solutions for others.

Law Sections
Law Students and Graduates Gain Valuable Experience as Clerks

Kevin Maltby

Kevin Maltby says clerkships offer educational experiences that law students don’t necessarily get in the classroom.

“There’s a reason,” Kevin Maltby said, “that it’s called the practice of law.”

He was referring specifically to the role of clerk — specifically, law students or recent law-school graduates who work for a short time, typically one or two years, in a law firm or court system to gain valuable career experience. Or, as he put it, practice.

“I think clerking is one of the best opportunities students can have, in terms of learning by actually being in the law practice,” said Maltby, an associate with Bacon Wilson, P.C. who helps oversee the firm’s efforts to bring in clerks each year. Typically the firm hires four individuals each spring for a one-year clerkship; they come from many different schools, but the current crop are all students at Western New England College School of Law.

“They are excellent students, excellent writers, great researchers,” he told BusinessWest, “and we get to use those skills in exchange for teaching them and exposing them to things they might not be exposed to in law school.”

Jared Olinski agrees. A 2011 graduate of WNEU, he is on his second clerkship; after working for a year at the Connecticut Appellate Court, he’s now clerking in the U.S. District Court in Springfield.

“I think it’s kind of a prestigious thing to have on your résumé,” he said. “You’re getting great experience but also seeing the inside of the court system, seeing how the judges make their decisions, meeting lawyers, possibly making some connections … so I think it’s very beneficial for a recent law graduate.”

In many ways, the advantages of clerking haven’t changed much over the years. Sandy Dibble, partner at Bulkley Richardson in Springfield, graduated from Suffolk University Law School in 1974. Around that time, he worked as a summer clerk both at a Boston law firm and at the Massachusetts Supreme Judicial Court for respected judge Francis Quirico; he also served unpaid stints with the consumer protection division of the Massachusetts Attorney General’s office and with a legal-aid clinic outside Boston.

“All those positions, including the volunteer positions, help you learn and expose you to people who have a lot of experience, so you see how they do things,” Dibble said. “If it’s a law firm, you see how law firms operate; if it’s the judicial system, you see how the court operates. And you get evaluated all the time. You’re in an environment where people function at a very high level, and expectations are high.”

Dibble noted that the word ‘clerk’ covers a lot of territory, including the full-time workers who perform the administrative tasks of a court system; that’s a different class of law professional altogether. As for young, temporary clerks, Dibble explained, they fall into two categories: those who work during the school year, and summer clerks.

“Our firm may be different from some others, but we don’t hire a lot of clerks during the school year,” he said. “We have, and sometimes do — usually somebody who can do a lot of things, or somebody who has a particular skill set we need.

“Summer clerks tend to be more of a formalized thing,” he continued. “I was a summer clerk at a big law firm in Boston a long time ago, and a lot of lawyers here worked as summer clerks in law school. That’s usually a pretty desirable position. Most firms use the law-clerk program as a kind of extended interviewing process on both sides.”

In addition to the obvious connections and career opportunities the experience can open up, Maltby said, the clerks at Bacon Wilson are constantly learning, from the time they arrive, in ways they can’t from the vantage point of a classroom desk.

“Whether in a law firm or clerking for the court system or for the DA’s office, they’re learning from day one to practice law,” he explained. “They’re getting some good experience here, and there are other things they learn as well about the practice in terms of client relationships, as we sometimes bring them on client meetings and so forth.”

For this issue’s focus on law, BusinessWest explores the world of law clerks, discovering in the process that, while practice doesn’t make perfect, it can often make for better career opportunities in what has become a very tight market for today’s law-school graduates.

 

Different Worlds

Olinski said his two very different judicial clerkships have provided him with a wide range of experiences. On the appellate level, “in Connecticut, almost all cases have an automatic right of appeal; if the losing party chooses, it can appeal to the appellate court, which then has to take the case. The parties submit a brief and the reason why they think the trial court got it wrong.”

Here, he explained, the clerks often work with judges to research cases, write internal memos, and, depending on the judge, perhaps help produce decisions. “It’s very substantive work, very fulfilling.

“It’s different dealing on the trial level,” Olinksi said of his current role in Springfield. “You’ll deal with all types of cases, and it’s kind of rare that cases go to trial, so you’re usually dealing with pre-trial stuff — like if one of the parties is trying to get the case dismissed before trial for whatever reason. Or you may research, do some writing, and help the judge prepare for trial.”

When Nancy Frankel Pelletier attended law school in the early 1980s, she chose George Washington University “because it was one of the only schools in the country that had a clinical program that allowed law students to gain real-life experience while in law school,” she explained. “It was a pretty unusual situation back then.”

Now, many schools have clinical programs, said Frankel Pelletier, an attorney with Robinson Donovan in Springfield. “As a result of changes in the law over the past five to seven years, law schools have been expanding in terms of programs for clerkships, programs that are now called externship programs.”

She said there are significant pros and cons for law firms that employ clerks. “The upside, obviously, is that it provides you someone to work for you, but the downside is that taking somebody brand new in and training them takes an enormous amount of work.”

She cited Northeastern University’s program that places students in law firms full-time for a full semester. “We had one, who was outstanding. You spend time educating them and training them, but they are working under the auspices of an American Bar Assoc. program, and they have to meet certain criteria. These programs can be pretty flexible — anywhere from working a few hours a week to the extensive Northeastern model.”

At Bacon Wilson, Maltby said, clerks are able to “pick from the whole buffet” when it comes to the experience they gain.

“They provide litigation support, which means helping the litigation department with legal research and writing, helping prepare discovery materials,” he explained. “On the corporate side of things, they assist in transactions, maybe shooting over to a governmental agency or to the register of deeds to look things up. In family law or probate practice, there are a lot of documents we may need help with, and they’ll witness signings, and sometimes they come to court to get some experience in that regard.

“Or they’ll do research for us in conjunction with our own legal research,” Maltby continued. “We have them do the initial legal research and then work with them, a lot like a mentor-mentee relationship. For me personally, I have them give it their best shot and come back to me and show me what they’ve done, and I work with them on what I would like to see on the final product.”

Frankel Pelletier said clerkship can result in a hire afterward, in which case it operates as a sort of temp-to-perm work experience. “We have the opportunity to see the person at work and make a determination whether it’s the right fit from both perspectives.”

Even clerks who move on to other opportunities have a leg up, which is critical in today’s tight job market; only 55% of the class of 2011 at American law schools landed a job within nine months of graduation.

Those who have clerked, however, “can say they’ve had an opportunity to work,” she noted. “Having real-world work experience obviously puts a student in a much different category than a student who has not had that experience.”

 

Tough Competition

Naturally, that tight job market has also made clerkship opportunities far more competitive.

“The legal market has not been very kind for recent graduates,” Olinski said. “I think, even before this downturn, clerkships were very competitive, and they’re even more so now. Generally judges want someone who has done very well in law school, someone who has done law review, top of the class. Some people send applications across the country, especially for the federal courts, which are even more competitive.

Paula Zimmer and Harris Freeman

Paula Zimmer and Harris Freeman say a lack of funding at the state trial-court level has curtailed clerking opportunities, in turn slowing down the work of the courts.

Paula Zimmer, assistant dean and director of Law Career Services at WNEU School of Law, said clerkships are becoming increasingly popular for a variety of reasons. “People love clerking because it puts all their legal education into play — the research, the writing, the first-hand look at courts and what it’s like to practice law.

“It’s a great opportunity, but a competitive opportunity as well,” she continued. “There are always more people interested in clerking than there are clerks. We have a judicial clerkships committee comprised of faculty, and we keep all kinds of materials on clerkships and deadlines, and we send recommendations.”

Zimmer, like Olinski, noted that the intensity of competition for clerkships varies depending on the venue. For instance,  “it’s very, very competitive to get one at the federal level, at the state supreme court level, even at the state appellate level. It’s still competitive to get into the superior trial-court level, but the trial-court level tends to be open to a broader range of good students.

“Clerkship is a really good credential for someone after law school; it adds a certain prestige to someone’s résumé,” she added. “It’s particularly helpful, especially in this environment, to make connections at law firms and with judges. Often judges will serve as a recommendation for you, and it helps you when transitioning into the workforce.”

She noted, however, that not every qualified student wants to do a clerkship. “Some people have a job at a firm and are offered a clerkship, but they’d just as soon go to work. Most large firms will defer your offer — they’ll say, ‘come to us in a year,’ and they’ll often give a bonus to make up for the fact that a clerkship pays less than a large firm’s salary.”

Still, Zimmer said, “because there are fewer jobs, more people are applying to clerkships at every level of law school. One of our sweet spots has been at the appellate-court level.”

Harris Freeman, a professor of Legal Research and Writing at WNEU Law School — and a former clerk at the federal district-court level — told BusinessWest that a persistent lack of state funding has curtailed the number of clerkships at the trial-court level, although the appellate level and federal courts don’t have the same problem.

The result, he and Zimmer noted, is not only a decrease in opportunities for students, but a slowing of judicial proceedings, which affects businesses as well as individuals seeking redress in the courts.

In law firms, Dibble noted, whether hiring school-year or summer clerks, practices are looking for top students, as well as those with at least a couple of school years under their belts. “There are a couple of reasons for that: one, they know more, they’re older and a little more mature; and also, it’s closer to the time when they’ll decide what they’re going to do.”

If the firm is using a clerkship to gauge whether an individual will be invited back for a job, he added, “it’s a lot easier for everyone to think about that when they’re only a year away from graduation.”

 

Options Open

Maltby is pleased with the two-way benefits of clerkships. “I would like to think when these students move on to their next job, they’re very well-qualified and prepared to handle a variety of different things.”

At the same time, the experience of clerking can help someone figure out what to do. They might say, ‘you know, I really don’t want to do litigation; I want to do transactional work.’ They’re seeing options and talking to lawyers in the firm and coming to an understanding of what they’d like to do, and that’s good.”

Frankel Pelletier agreed. “Sometimes they grow up wanting to be a trial lawyer, then they see what we do and say, ‘no, I don’t want to do that at all.’ You don’t get that kind of experience in law school, seeing exactly what it’s like. This affords you that opportunity.”

Dibble values his time clerking in the 1970s, but said the experience can vary for a student or graduate depending on the firm or judge.

“These kinds of positions are sought after by law students for the experience, the contacts, the possibilities,” he said. “Some judges are known for spending a lot of time with law clerks, helping them advance and supporting them, and others are a little more standoffish about it.”

As for Olinksi, his experiences have been overwhelmingly positive, and have helped him keep his options open. He is interested in litigation and has considered career paths in private practice, appeals, government work, even nonprofit practice.

“So it’s good for someone like me to see so many different areas of the law, not really getting focused on one or specializing in one,” he told BusinessWest. “Clerking is great if you haven’t picked which area you want to be in.”

And that’s true no matter how much law practice you need.

 

Joseph Bednar can be reached at [email protected]

Law Sections
Department of Labor Issues New Guidance on Area of Confusion

Karina L. Schrengohst

Karina L. Schrengohst

The Family Medical Leave Act (FMLA) presents many challenges for employers because of its complexities. And one area of confusion employers have faced arises in the context of requests for leave to care for adult children.

Generally, the FMLA entitles an eligible employee to take up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for a son or daughter with a serious health condition who is under the age of 18. Once an employee’s son or daughter turns 18, a parent is entitled to take FMLA leave only if the adult son or daughter (1) has a mental or physical disability as defined by the Americans with Disabilities Act (ADA); (2) is incapable of self-care due to that disability; (3) has a serious health condition; and (4) is in need of care due to the serious health condition.

One issue employers have struggled with is whether the disability had to occur before the child turned 18 years of age. Recent guidance issued by the Department of Labor’s (DOL) Wage and Hour Division answers this question.

On Jan. 14, the Wage and Hour Division issued a new Administrator’s Interpretation (No. 2013-1) that clarifies the definition of “son or daughter” under the FMLA, and addresses whether an employee is entitled to FMLA leave to care for an adult child who does not become incapable of self-care because of a disability until after the child turns 18. DOL guidance clarifies that whether an adult child’s disability arises before or after the child turns 18 is not relevant in determining a parent’s entitlement to FMLA leave. Therefore, an otherwise eligible employee is entitled to take leave under the FMLA to care for an adult child with a serious health condition who is incapable of self-care because of a disability regardless of when the disability commenced.

This means that employers should focus on the adult child’s condition at the time of the requested leave when determining eligibility for FMLA leave.

The administrator’s interpretation also demonstrates how the significantly expanded definition of ‘disability’ under the Americans with Disability Act Amendments Act of 2008 (ADAAA) has impacted the FMLA.

The DOL has historically adopted the ADA’s definition of disability for purposes of defining a son or daughter 18 years of age or older. And the DOL notes, pursuant to the clear language of the ADAAA and the EEOC’s position, that the definition of disability “should be construed in favor of broad coverage” and “should not demand extensive analysis.”

Therefore, when the ADAAA broadened the definition of disability, it similarly broadened the scope of this definition under the FMLA. Thus, the number of adult children falling under the FMLA’s definition of son or daughter has increased, which enables more parents to take FMLA-protected leave to care for an adult child who is incapable of self-care because of a disability.

As an illustration, the administrator’s interpretation provides the following scenario: An employee requests leave under the FMLA after his or her 37-year old daughter is injured in a car accident. The daughter suffers a shattered pelvis in the accident, which substantially limits her in a number of major life activities (i.e., walking, standing, sitting, etc.). As a result of this injury, the daughter is hospitalized for two weeks and under the ongoing care of a healthcare provider. Although she is expected to recover, she will be substantially limited in walking for six months. If the daughter needs assistance with three or more daily living activities, such as bathing, dressing, and maintaining a residence, she will qualify as an adult child under the FMLA because she is incapable of self-care due to a disability.

The daughter’s shattered pelvis would also be a serious health condition under the FMLA, and her parent would be entitled to take FMLA-protected leave to provide care for her immediately and throughout the time that she continues to be incapable of self-care because of the disability.

In addition, the DOL guidance addresses an employee’s request for FMLA leave to care for an adult child who has been injured during military service.  Under the military-caregiver provision of the FMLA, an otherwise eligible employee may take up to 26 weeks of leave in a single 12-month period to care for an adult son or daughter injured in the line of duty. The administrator’s interpretation notes that the service member’s injury may last longer than a single 12-month period. Thus, the DOL clarifies that the service member’s parent, if otherwise eligible, would be entitled to take 12 weeks of FMLA leave in subsequent years for the purpose of providing care to an adult child.

As an illustration, the administrator’s interpretation provides the following scenario. A father has exhausted his 26 weeks of military-caregiver leave to care for his 20-year old son, a returning service member who sustained extensive burn injuries to his arms and torso. In the next FMLA leave year, the father seeks leave from his employer to care for his son as he undergoes and recovers from additional surgeries and skin-graft procedures.

The father will be entitled to take up to 12 weeks of FMLA-protected leave to care for his son because his son’s burn injuries, which substantially limit his ability to perform manual tasks, constitute a disability under the ADA — the son is incapable of self-care due to a disability (i.e., he needs active assistance or supervision in bathing, dressing, and eating), the son’s burn injuries are a serious health condition because they require continuing treatment by a healthcare provider, and the father is needed to care for the son.

Employers should review the way they determine FMLA eligibility to account for this recent guidance. In addition, supervisors and managers should be trained to ensure they are prepared to handle requests for leave in light of this new interpretation. Further, when faced with requests for leave to care for an adult child, employers will have to make a case-by-case determination of whether the adult child qualifies as a son or daughter under the FMLA and the employee qualifies for leave under the FMLA.

 

Karina L. Schrengohst, Esq., an attorney at Royal LLP, a boutique, management-side-only labor and employment law firm, specializes exclusively in management-side labor and employment-law litigation and preventative practices to avoid litigation. Royal LLP is SOMWBA-certified as a woman-owned business with the Mass. Supplier Diversity Office (formerly known as the State Office of Minority and Women’s Business Assistance); (413) 586-2288; [email protected]

 

Law Sections
Is Bankruptcy an Alternative for Relief from Student Loans?

L. Alexandra Hogan

L. Alexandra Hogan

A college education should increase a person’s earning capacity over a lifetime.  Unfortunately, many graduates are finding that the value of their education is outweighed by heavy student-loan debt. This may be the reason that the delinquency rate on student loans has surpassed that of other types of consumer loans, such as credit cards and car loans.

The New York Fed reports that student-loan debt has exceeded $956 billion and estimates that 21% of these loans are in default.

Financial blows caused by events like loss of employment, medical issues, or divorce are catalysts for personal bankruptcy filings. Bankruptcy is meant to give a fresh start to honest debtors by providing a mechanism of relief from most types of debt, such as credit cards, personal loans, medical bills, and foreclosure deficiencies. Although it is not impossible to discharge student loans in bankruptcy, it is difficult to do, and just recently got even harder. Although seemingly harsh, this law is meant to protect the solvency of the educational-loan system and to prevent people from abusing the system by receiving a free education.

Relief from student-loan debt is not generally available in bankruptcy, unless failure to discharge the debt would lead to an “undue hardship” on the debtor, under §523(a)(8) of the Bankruptcy Code. Courts use different tests to determine what constitutes an undue hardship. In Massachusetts, bankruptcy courts generally evaluate undue hardship on a case-by-case basis by considering (1) a debtor’s past, present, and reasonably reliable future financial resources; (2) a calculation of the debtor’s and their dependents’ reasonable necessary living expenses; and (3) any other relevant facts and circumstances.

Some examples of debtors’ circumstances that led to findings of undue hardship include the following: student loans exacerbated by the debtor’s mental illness; the debtors reaching their maximum earning capacity in worthwhile, but low-paying, teaching jobs; the debtor being homeless and unemployed; the debtor being unable to complete her doctorate degree program and suffering from depression; and the debtor suffering from a variety of medical illnesses, making employment almost impossible. The takeaway is that circumstances must be dire to obtain relief.

A recent court case closed a loophole in the law, making discharge even more unlikely. Typically, a general unsecured loan like a line of credit is dischargeable in bankruptcy. The case of In re Belforte, decided on Oct. 1, 2012 in the U.S. Bankruptcy Court for the District of Massachusetts, Eastern Division, held that the debtor’s line of credit could not be discharged. The debtor made a handwritten note seeking an increase in her line of credit to pay for her children’s tuition and expenses. Liberty Bay Credit Union increased and rewrote the debtor’s line of credit under a new unsecured loan agreement — not through Liberty Bay’s educational-lending program.

Liberty Bay neither inquired from the debtor what the loan would be used for, nor did it exercise oversight as to how the debtor utilized the loan proceeds, as a traditional student lender would. Notwithstanding this, the court construed the bankruptcy statute broadly and ruled that, since the loan was used for an ‘educational benefit,’ it was not dischargeable. Under this ruling, it is now clear that an individual with a regular personal loan used for an educational benefit must establish undue hardship as well.

Those with unusually difficult situations should consult with a bankruptcy attorney to determine whether their circumstances would qualify as an undue hardship. But otherwise, where does this leave the average person struggling with high student-loan debt and low or non-existent income?

Avoid the potentially harsh consequences of defaulting on student loans, including wage garnishment, tarnished credit, and offset tax refunds. There are options to avoid defaulting on federal student loans. Deferment, forbearance, and repayment plans may be available. The U.S. Department of Education has announced a new option that may greatly benefit newer graduates, called “Pay as You Earn.”

This plan may apply to those with partial financial hardship who have certain types of federal direct student loans. Under this plan, 10% of a person’s annual discretionary income is paid, and after 20 years of participation, the loan is forgiven. To learn more about Pay as You Earn, visit www.studentaid.ed.gov.

L. Alexandra (Alex) Hogan is an associate with the Springfield-based form Shatz, Schwartz and Fentin, P.C., and concentrates her practice primarily in business, litigation, and bankruptcy law; (413) 737-1131.

 

Law Sections
Ruling on Appointments Creates More Controversy at NLRB

Tim Murphy

Tim Murphy

Staying In for RecessPresident Obama violated the constitution when he made three recess appointments to the National Labor Relations Board (NLRB) on Jan. 4, 2012, according to the U.S. Court of Appeals for the District of Columbia in a decision issued on Jan. 25.

Because the three recess appointments were invalid, the NLRB lacked the requisite three-member quorum when it rendered the Noel Canning decision. Although the D.C. Circuit ruling governs only this one case, its decision throws hundreds of NLRB decisions made since Jan. 4 into uncertainty.

 

Background

The NLRB is the five-member panel that enforces federal labor law and the National Labor Relations Act. The president appoints NLRB members to staggered terms generally subject to Senate confirmation in accordance with the Constitution. Traditionally, the NLRB consists of three members from the president’s political party and two from the other. Since President Obama took office, the NLRB has been on the front lines of the partisan war to control federal labor policy. With several of the president’s nominees too controversial to earn sufficient Senate support to overcome a filibuster, the nominations suffered long delays and were effectively blocked by objecting senators.

To counter that, Obama sought to make appointments to the NLRB while the Senate was in recess, a power contained in the Constitution. In the early history of our country, Congress was often in recess for six to nine months a year. Though recess appointments were little used until after World War II, they did enable presidents to staff executive-branch vacancies during periods when the Senate was not in session and, thus, could not exercise its ‘advise and consent’ power over presidential appointments.

On Jan. 4, 2012, the Senate was away for the holidays and conducting no business. The Senate remained in ‘pro forma’ session (gaveled in and out every few days) because it had not been formally adjourned into an official recess. This was a strategy designed to block the president from making recess appointments. He was undeterred. But the Senate strategy proved effective, according to the D.C. Circuit.

The constitution’s recess appointments clause provides that “the president shall have power to fill up all vacancies that may happen during the recess of the Senate by granting commissions which shall expire at the end of their next session.” Pursuant to that clause, Obama made three appointments on Jan. 4, one day after the Second Session of the 112th Congress began. However, the D.C. Circuit interpreted the recess appointments clause to permit only ‘intersession’ appointments (those made between distinct sessions of the Senate) and not ‘intrasession’ appointments made during recesses in the midst of a session.

Next, analyzing the language “vacancies that may happen during the recess,” the D.C. Circuit found that the clause limits the president’s intersession-recess appointment power to filling vacancies that first arise during the recess in which they are filled, which was not the case here. Thus, recess appointments are unconstitutional unless made to fill vacancies that arose while the Senate was in recess. If it stands, this particular ruling could virtually eliminate a president’s ability to make recess appointments.

The court’s ruling rejects presidential practice of both parties dating back many years, and raises questions about how a president’s inability to fill vacancies could impact government functioning in an age of partisan gridlock in Washington, D.C.

The NLRB disagrees with the decision and intends to continue issuing decisions (while its presumptive appeal is pending). Right now, the NLRB has only three members, as one resigned, and the other’s term expired. Of the three remaining members, two are recess appointees involved in the Noel Canning case. Only Chairman Pierce was confirmed by the Senate.

 

The Bottom Line

It seems inevitable that the U.S. Supreme Court will ultimately decide these issues, especially because there are numerous similar appeals pending in circuit courts of appeals around the country.

In the meantime, the NLRB will likely remain a lightning rod of controversy. Republicans and business groups will continue to oppose the perceived pro-labor decisions and initiatives of the current NLRB at every turn. It would appear that they believe a non-functioning NLRB is preferable to a functioning one.

This is surely not the last word on recess appointments.

 

Timothy F. Murphy is a partner in the Springfield labor and employment law firm Skoler, Abbott & Presser, P.C., which represents employers exclusively and specializes in helping employers understand their obligations under state and federal employment law; (413) 737-4753; [email protected]

Building Permits Departments

The following building permits were issued during the months of January and February 2013.

 

 

AGAWAM

 

Coopers Commons, LLC

159 Main St.

$35,000 — Second-floor renovation

 

OMG, Inc.

57 Almgren Dr.

$150,000 — Construct interior partitions and renovate existing space

 

CHICOPEE

 

Doverbrook Estates

125 Greenwood Terrace

$16,500 — Replace vinyl siding

 

GREENFIELD

 

Greenfield Farmers Cooperative Exchange

264 High St.

$20,000 — Install new checkout and countertop

 

Home Depot U.S.A, Inc.

278 Mohawk Trail

$78,000 — Restroom renovations

 

YMCA

451 Main St.

$5,000 — Convert existing space to bathroom

 

HOLYOKE

 

Centro Properties Inc.

2217-2239 Northampton St.

$40,000 — Repair roof supports

 

City of Holyoke Park & Recreation

Community Field Road

$20,000 — Install concrete floor

 

KAM Industries

525-527 Dwight St.

$50,000 — Roof repairs

 

Pearson Bradley Development

9 Sullivan Road

$300,000 — Interior reconstruction

 

SOUTH HADLEY

 

Big Y

44 Willimansett St.

$15,000 — Renovation

 

SPRINGFIELD

 

AIC

99 State St.

$58,000 — Interior renovation

 

Carew Chestnut Partners, LLC

175 Carew St.

$7,875,000 — Construction of a three-story medical office building

 

Manfred Karori

32-34 Allen St.

$10,000 — Interior renovations

 

Roger DeRosier

578 Main St.

$4,000 — Install new ladies room

 

WESTFIELD

 

Sage Engineering

395 Southampton Road

$475,000 — Addition to medical center

 

WEST SPRINGFIELD

 

Crown Castle

120 Interstate Dr.

$20,000 — Replace two equipment cabinets at the base of the cell tower

 

Mercy Life Center

2112 Riverdale St.

$163,000 — New duct systems for lower level

 

Bankruptcies Departments

The following bankruptcy petitions were recently filed in U.S. Bankruptcy Court. Readers should confirm all information with the court.

 

Aucoin, Mary P.

a/k/a Gillis, Mary

25 Hamilton Ave.

Orange, MA 01364

Chapter: 7

Filing Date: 01/15/13

 

Barnett, Ian K.

14 Marchioness Road

Springfield, MA 01129

Chapter: 13

Filing Date: 01/15/13

 

Berns, Tracy Petit

a/k/a Proulx, Tracy D.

a/k/a Smalley, Tracy D.

PO Box 443

Thorndike, MA 01079

Chapter: 7

Filing Date: 12/29/12

 

Boateng, Nana Y.

115 Main St.

Wilbraham, MA 01095

Chapter: 13

Filing Date: 01/09/13

 

Brandt, Roger D.

96 Gold St.

Belchertown, MA 01007

Chapter: 7

Filing Date: 01/14/13

 

Chamberlain, Frederick W.

Chamberlain, Amy L.

5 Almon Ave.

West Springfield, MA 01089

Chapter: 7

Filing Date: 12/31/12

 

Devio, John L.

16 Crossey Place

North Adams, MA 01247

Chapter: 7

Filing Date: 01/03/13

 

Fuller, Matthew D.

15 Sawmill Plain Road

South Deerfield, MA 01373

Chapter: 7

Filing Date: 01/04/13

 

Gray, Stephen P.

86 Bowdoin St.

Springfield, MA 01109

Chapter: 13

Filing Date: 01/04/13

 

Grimaldi, Mallori L.

PO Box 35

Agawam, MA 01001

Chapter: 7

Filing Date: 12/31/12

 

Iellamo, Jr., Paul A.

55 Windham Dr.

East Longmeadow, MA 01028

Chapter: 13

Filing Date: 01/15/13

 

Iron Kustoms Auto Body

Harris, John W.

PO Box 212

Orange, MA 01366

Chapter: 7

Filing Date: 01/08/13

 

Jeffery, Jacquelyn M.

213 Tyler St.

Springfield, MA 01109

Chapter: 7

Filing Date: 01/14/13

 

Khawaja, Talat

Khawaja, Rukhsana

45 Montgomery St.

Westfield, MA 01085

Chapter: 7

Filing Date: 12/31/12

 

Koldys, Michael R.

45 Redwood Lane

Sheffield, MA 01257

Chapter: 13

Filing Date: 01/15/13

 

Kravchenko, Sergey N.

Kravchenko, Natalya P.

46 Grattan St.

Chicopee, MA 01020

Chapter: 7

Filing Date: 01/11/13

 

Leary, Sarah

26 Greenwood Ave.

Holyoke, MA 01040

Chapter: 7

Filing Date: 12/31/12

 

Lopardo, Darlene M.

29 Irvington St.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/10/13

 

MacAdams, Courtney David

50 Red Brook Lane

Orange, MA 01364

Chapter: 7

Filing Date: 12/31/12

 

Maigret, Lisa M.

97 Monrovia St.

Springfield, MA 01104

Chapter: 13

Filing Date: 01/11/13

 

Martineau, Daniel R.

14 Carmen St.

Chicopee, MA 01013

Chapter: 7

Filing Date: 12/31/12

 

Marzano, Frank

412 Island Pond Road

Springfield, MA 01118

Chapter: 7

Filing Date: 12/31/12

 

McHale, John D.

McHale, Kimberley J.

387 East River St.

Orange, MA 01364

Chapter: 13

Filing Date: 12/31/12

 

McIntyre, Kathleen Jean

a/k/a Slattery, Kathleen Jean

17 Laurence Dr. West

West Springfield, MA 01089

Chapter: 7

Filing Date: 01/04/13

 

McIntyre, Michael Lynn

285 Shaker Road

Enfield, CT 06082

Chapter: 7

Filing Date: 01/04/13

 

Nieves, Joselito

533 Wilbraham Road

Springfield, MA 01101

Chapter: 13

Filing Date: 12/31/12

 

O’Donnell, Monique F.

153 Allen St., Apt. D

Springfield, MA 01108

Chapter: 7

Filing Date: 01/04/13

 

Ortega, Luz Maria

a/k/a Roldan, Luz Maria

142B Gresham St.

Springfield, MA 01119

Chapter: 7

Filing Date: 12/31/12

 

Palatino, Laurie A.

1286 Parker St.

Springfield, MA 01129

Chapter: 7

Filing Date: 12/31/12

 

Payette, Stephen

Payette, Sherri

295 Elm St.

Pittsfield, MA 01201

Chapter: 13

Filing Date: 12/31/12

 

Pishchenkov, Maksim

9 East Bartlett St.

Westfield, MA 01085

Chapter: 7

Filing Date: 12/31/12

 

Reed, Matthew B.

Reed, Carol Anne

169 Allen St.

East Longmeadow, MA 01028

Chapter: 13

Filing Date: 01/02/13

 

Rivas, Liza M.

172 Bacon Road

Springfield, MA 01119

Chapter: 7

Filing Date: 01/03/13

 

Rivera, Ivan J.

16 Johnson St.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/14/13

 

Rivera, Marcos N.

Collazo-Rodriguez, Myrta

73 Wellington St.

Springfield, MA 01109

Chapter: 7

Filing Date: 01/14/13

 

Robinson, Gina M.

57 Webber St.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/10/13

 

Salvidio, Rachel

555 Russell Road, Unit J62

Westfield, MA 01085

Chapter: 7

Filing Date: 01/07/13

 

Seldomridge, Ricky R.

a/k/a Seldomridge, Richard

Seldomridge, Jody L.

a/k/a Adams, Jody L.

844 Main St.

Agawam, MA 01101

Chapter: 7

Filing Date: 01/06/13

 

Servantez, Philip M.

Servantez, Judith A.

67 Horace St.

Springfield, MA 01108

Chapter: 7

Filing Date: 01/15/13

 

Smith, Christie Marie

400 North King St.

Northampton, MA 01060

Chapter: 7

Filing Date: 01/15/13

 

Suriner, Lea Ann

1 Tracie Ave.

Adams, MA 01220

Chapter: 7

Filing Date: 01/04/13

 

Torres, Jose M.

P.O. Box 6636

Holyoke, MA 01041

Chapter: 7

Filing Date: 01/14/13

 

Vicente, Andres

Rodriguez, Amparo

20 Gerard Way, Apt. G

Holyoke, MA 01040

Chapter: 7

Filing Date: 01/10/13

 

Wheeler, Sandra L.

985 Florence Road

Florence, MA 01062

Chapter: 7

Filing Date: 01/08/13

 

Wiles, Melanie Jeanne

49 Lunt Dr.

Greenfield, MA 01301

Chapter: 7

Filing Date: 01/15/13

 

Yell, Mary Elizabeth

12 Gaugh St.

Easthampton, MA 01027

Chapter: 13

Filing Date: 01/08/13

 

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the months of January and February 2013.

 

AGAWAM

 

Carefree Gourd Gallery

75 Simpson Circle

Ceclia Rossi

 

Fozzies Gourmet Bakery

694 Barry St.

Ellie Kozak

 

Real Estate Solutions

10 Abbey Lane

Jeff Dubiel

 

CHICOPEE

 

A.J. Chimney Services

32 Hajel Circle

Adolf Andruleonis

 

Cutting Edge Cuisine

100 Northwood St.

Jaime Duclos

 

Family Nutrition Consultants

335 Grattan St.

Sallie T. Czepiel

 

Midas

704 Memorial Dr.

Scott Gonyer

 

Olde Time Service

35 Glade Ave.

Brian Kennedy

 

EAST LONGMEADOW

 

Nails by Kat

124 Shaker Road

Kateryna Derkach

 

Network Security Partners

132 Shaker Road

Eric Mance

 

Plouffe Realty Inc.

217 Shaker Road

Raymond Plouffe

 

R.E. LaPlante Construction Inc.

94 Maple St.

Ray E. LaPlante

 

Sayegh Jewelers Inc.

60 Shaker Road

Jamil A. Sayegh

 

Stephen Allen Jewelers

35 Maple St.

Stephen Lewis

 

GREENFIELD

 

Antonio’s Pizza

201 Main St.

Amy Long

 

Bill’s Auto Sales

330 Federal St.

William Redmond

 

Creek Massage Therapy

116 Federal St.

Heather Creek

 

Harmony Home Care

83 Thayer Road

Tammy Zellman

 

Harpers Store

404 Colrain Road

William Valvo Jr.

 

JC’s Market

259 Conway St.

Bruce Bednarski

 

Ravenous MMA

158 Main St.

Joseph Leonard

 

Ray’s Cycle Center Inc.

332 Wells St.

Theresa Pydych

 

Winterland Country Club

76 Hope St.

Joseph A. Poirier Jr.

 

HOLYOKE

 

Fashion Nails

293 High St.

Tai Do

 

Holyoke Sporting Goods

1584 Dwight St.

Elizabeth A. Frey

 

JD’S Transmission Auto Sales & Repairs

358 Main St.

Julio DeJesus

 

Melo Deli Grocery

512 South St.

Luis S. Melo

 

New Fashion

303 High St.

Rosimary Ramirez

 

Scents Remembered

540 County Road

Tom Paquin

 

LUDLOW

 

Pires Realty

160 East St.

John Pires

 

Poppi’s Pizzeria

351 West St.

Kevin Fonseca

 

Studio DCC

48 Pine Glen Dr.

Denise L. Catuogno

 

Superior Networking Solutions

476 East St.

Michael Richter

 

T-Clectic

194 East St.

Treena Peltier

 

PALMER

 

Ray Croteau Electric

244 Burlingame Road

Raymond Croteau

 

Stephens Tree Service

1022 Chestnut St.

Shane Stephens

 

SPRINGFIELD

 

Minh Tai Inc.

308 Belmont Ave.

Tony M. Tai

 

Optical Expressions Inc.

1514 Allen St.

Shelia Gibbs

 

Rah’s Express, LLC

51 Maebeth St.

Raoul Harvey

 

Rocktenn CP, LLC

320 Parker St.

Angela Rosado

 

Rosario’s Scooters

74 Glenmore St.

Hector M. Rosario

 

Snack Time

423 ½ State St.

Jason L. Ocasio

 

Sovereign Investigative

67 Wollaston St.

Alexander Buor

 

The School Store

1089 State St.

Henry G. Cockett

 

The Traveling Toolbox

109 Carver St.

Alan G. Jarvis

 

Wholesale Auto Outlet

480 Central St.

Attilio Cardaropoli

 

WESTFIELD

 

A Time to Grow

6 Mainline Dr.

Cheryl Ouellette

 

BGK Clothing Company

12 Fowler St.

Joseph Bushior

 

Main Street Hair Company

32 Main St.

Megan Clauson

 

MG Snow Plowing

542 West Road

Michael Gogol

 

 

VCW Interior Solutions

29 Bayberry Lane

Vitaliy Shpak

 

Whip City Networking

89 Yeoman Ave.

Matthew Biegalski

Departments Incorporations

The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

 

AMHERST

 

Atlantic Soccer Club Inc., 22 Whippletree Lane, Amherst, MA 01002. Non-profit soccer club.

 

ASHFIELD

 

West County Builders Inc., 215 Graves Road, Ashfield, MA 01330. Andrew Vivier, 14 Monroe Road, Sh elburne Falls, MA 01370. Residential construction.

 

BRIMFIELD

 

Brimfield Trail Association Inc., 37 Saint George Road, Brimfield, MA 01010. Robert Mahlert, 1485 Dunhamtown-Brimfield Road, Brimfield, MA 01010. To promote the public use and creation of recreational trails.

 

CHICOPEE

 

Wyman Petroleum Inc., 451 Grattan St., Chicopee, MA 01020. Robert Johnson, same. Gasoline service station and convenience store.

 

EAST LONGMEADOW

 

Friends of Brown Farm Inc., 44 Mill Road, East Longmeadow, MA 01028. Heather Cunningham, same. Dedicated to the preservation and renovation of the Brown Family Farm in East Longmeadow.

 

EASTHAMPTON

 

Hampshire Pediatrics P.C., 179A Northampton St., Easthampton, MA 01027. Susan Ray Lamond, same. Practice of pediatric medicine.

 

GREAT BARRINGTON

 

Greenagers Inc., 33 Rossetter St., Great Barrington, MA 01230. William Conklin, 203 Galvin Farm Trail, Sheffield, MA 01257. Non-profit to increase the involvement of local youth in their community and raise youth awareness of environmental issues.

 

GREENFIELD

 

Yes Exactly Inc., 289 Main St., Suite 5 Greenfield, MA 03101. Elizabeth Gadwa, 83 West St., Greenfield 01301. Custom website design and hosting.

 

HADLEY

 

Amherst Youth Lacrosse Inc., 9 Kennedy Dr., Hadley MA 01035. Robert Kuzmeski, same. To train and instruct youth in the sport of lacrosse.

 

Helping Hearts for Hadley Schools Inc., 341 River Dr., Hadley, MA 01035. Stacey Mushenski. To raise funds for the Hadley Elementary School and Hopkins Academy.

 

Lacomb Enterprises Inc., 191 Russell St., Hadley, MA 01035. Neal Lacomb, 134 Rachael Terrace, Westfield, MA 01085. Retail sales.

 

Learning Alternatives Properties Inc., 135 Russell St., Hadley 01035. Joshua Hornick, 94 Summer St., Amherst, MA 01002. Non-profit organization.

 

HOLYOKE

 

Dimples Event Planning Inc., 20 Easthampton Road, Apt. A9, Holyoke, MA 01040. Alesha Lanier, same. Low-cost event planning consulting services within the Commonwealth.

 

Company Notebook Departments

United Bank Named Area’s Top SBA Business Lender

WEST SPRINGFIELD — Richard Collins, president and CEO of United Bank, announced that the bank was named the top business lender in Western Mass. by the U.S. Small Business Assoc. (SBA). The Lender of the Year designation honors United Bank’s fiscal 2012 performance in the SBA’s 7(a) loan program, which helps startups and existing small businesses with financing guaranteed for a variety of general business purposes. SBA does not make loans itself, but rather guarantees loans made by participating lending institutions, according to Collins. “At United Bank, we’re doing everything we can to help improve the economic environment in the markets we serve,” he said. “Small businesses and startup companies are the key to the future; their success is everyone’s success.” With total consolidated assets of approximately $2.4 billion, the bank is the 11th-largest publicly traded bank headquartered in New England.

 

South End Citizens Council Endorses MGM Springfield

SPRINGFIELD — MGM Resorts International announced recently that its MGM Springfield proposal has received the exclusive endorsement of Springfield’s South End Citizen’s Council. Bill Hornbuckle, MGM Resorts president and chief marketing officer and MGM Springfield president, said, “we are extremely proud to have received the exclusive endorsement of the South End Citizen’s Council. MGM believes in being a good corporate citizen, and this begins with working hard to earn the support and trust of those people whom we hope to soon call our neighbors.” Leo Florian, president of the South End Citizens Council, added, “we have had an open and honest dialogue with MGM from day one. The South End Citizen’s Council voted to exclusively endorse the MGM Springfield project because of the benefits the project would bring not only to our neighborhood but to the entire City of Springfield.” MGM officials have been meeting with South End residents and business owners for months to discuss the MGM Springfield proposal and answer questions. MGM hosted a neighborhood dinner prior to its August 2012 announcement detailing the uniquely urban and integrated downtown Springfield resort-casino proposal. The dinner was followed in November by a formal presentation to the South End Citizen’s Council. In addition to the South End, MGM Resorts executives and the MGM Springfield team have met with 11 other neighborhood councils across the city over the past several months. They plan to meet with the remaining councils in the weeks ahead. These neighborhood meetings and presentations have been a way to inform, educate, and hear from different communities throughout the entire city to better understand their needs and priorities. “We would never come into a community and presume to know what’s best for them,” said Hornbuckle. “By investing this time in listening to residents, business owners, and community leaders, we believe we’ve put forward a project that is worthy of this city and its people. Added Florian, “MGM has created a proposal that is respectful of our neighborhood’s unique fabric and history, and also will bring 3,000 much-needed permanent jobs, revenue, and vitality to this entire city. Their level of community engagement across this city has been unprecedented, and it clearly shows in the amount of care and detail that has gone into this proposal.” The endorsement was made official prior to MGM Resorts submitting its detailed response to RFQ/P Phase II of the city’s casino selection process. A copy of the endorsement letter was submitted earlier this month as part of MGM’s response and was kept confidential until the city made the Phase II responses public. MGM Springfield is proposed for about 10 acres of land between Union and State streets, and between Columbus Avenue and Main Street. MGM is seeking the sole gaming license in Western Mass.

 

UMass Astronomer, International Team Make Unique Observation

AMHERST — Just-forming stars, like growing babies, are always hungry and must ‘feed’ on huge amounts of gas and dust from dense envelopes surrounding them at birth. Now, a team of astronomers, including Robert Gutermuth, a UMass Amherst expert in imaging data from the Spitzer Space Telescope, reports observing an unusual ‘baby’ star that periodically emits infrared light bursts, suggesting it may be twins — that is, a binary star. The discovery is reported this month in Nature. The extremely young (in astronomical terms) object, dubbed LRLL 54361, is about 100,000 years old and is located about 950 light years away toward the Perseus constellation. Years of monitoring its infrared with the Spitzer instrument reveal that it becomes 10 times brighter every 25.34 days, Gutermuth and colleagues say. This periodicity suggests that a companion to the central forming star is likely inhibiting the infall of gas and dust until its closest orbital approach, when matter eventually comes crashing down onto the protostellar ‘twins.’ Gutermuth, who surveys star-forming molecular clouds with Spitzer to search for protostars, said, “the idea that this object is a baby binary system fits our data, so twins fit our data. In single protostars, we would still see matter dumping onto the star non-uniformly, but never with the regularity or intensity of the bursts we observe in LRLL 54361. The 25.43-day period is consistent with the orbital period we would expect from a very close binary star.” The protostar twins, embedded in a gas cocoon many times larger than our solar system, offer an unusual chance to study what looks like a developing binary-star system, he added. Because dense envelopes of gas and dust surround embryonic stars, the only detectable light to escape is at longer, infrared wavelengths. “Spitzer’s infrared camera is perfect for penetrating this cool dust to detect emission from the warm center,” said Gutermuth. “When you have two young stars feeding from the same circumstellar disk, the gravitational influence of the secondary companion can cause hiccups, an inhibition of infalling material from the disk. But when the orbital paths approach closely, that material can rush in, triggering feeding pulses for both stars and releasing a bright burst of light. The flash moves out from the center, reflecting off the disk and cavities in the envelope like an echo reverberating out from cave walls. We’ve seen the light flashes with Spitzer and have imaged the echo-tracing cavities in its envelope.”

Departments People on the Move

The Business Networking International (BNI) Western Massachusetts Executive Team recently chose Jason Turcotte, owner of Turcotte Data & Design, a website design and development business in Ware, as the 2012 Director of the Year for Western Mass. at the organization’s annual banquet at the Delaney House. The award recognizes one director for commitment and dedication to the organization and for accomplishments within the chapters each oversees. In June 2012, after two years as a director consultant, Turcotte became the managing director of the Western Mass. BNI region, which encompasses Hampshire, Hampden, Franklin, and Berkshire counties. In that part-time role, he oversees and provides continued structure, training, and support to the region’s chapters and members in Western Mass. to ensure that every chapter is following the BNI system, establishing goals, and keeping pace to achieve them.

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Hector Toledo

Hector Toledo

Gov. Deval L. Patrick has reappointed Hector Toledo to the Springfield Technical Community College board of trustees, effective Jan. 16, 2013 through March 1, 2017.  Toledo, an alumnus of STCC, is Vice President and Sales Director at Hampden Bank and has served on the STCC board of trustees since 2008.  In June 2012, Toledo was appointed by Patrick to serve as the chair of the board of trustees.

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Doherty, Wallace, Pillsbury & Murphy, P.C. recently announced that attorney Rebecca Thibault has joined the Springfield-based firm as an Associate. Her practice areas include general corporate, real estate, and environmental law. She was an intern of the Massachusetts Department of Environmental Protection’s Office of Appeal and Dispute Resolution (Western Region) and was managing editor of Washington University Global Studies Law Review while in law school.

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Felicity Hardee

Felicity Hardee

Felicity Hardee, a Partner with the regional law firm Bulkley Richardson who chairs its Real Estate and Environmental Law departments, has been elected President of the Valley Community Development Corp. The nonprofit corporation addresses the growing needs of low- and moderate-income people in the Pioneer Valley through developing and preserving affordable rental and ownership housing, cultivating economic self-sufficiency, and fostering community leadership. Hardee previously served as the organization’s vice president.

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First Niagara Bank recently announced that First Vice President of Small Business Banking John Delgadillo and Vice President of Commercial Lending Allison Standish Plimpton have each been recognized as a New Leader in Banking by the Connecticut Bankers Assoc. and Connecticut Banking magazine. Delgadillo manages small-business relationships in the New England Region for the bank, while Standish Plimpton manages commercial relationships in the Greater Hartford and Greater Manchester area. The New Leaders In Banking awards recognize bankers who show promise and potential in the local banking industry. Honorees are chosen by an independent panel, which considers Connecticut bankers under the age of 50 who are judged to be outstanding employees, managers, or business leaders and who make a notable impact within their banks or their community.

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Amherst-based New England Environmental Inc. (NEE) announced that Jack Jemsek has joined the company as a Senior Hydrogeologist. Jemsek is a Massachusetts licensed site professional, a Connecticut licensed environmental professional, a professional geologist in New Hampshire, and a certified geologist in Maine. He has a bachelor’s degree in Earth Science from the University of Notre Dame, and a Ph.D. in Marine Geology and Geophysics from the Massachusetts Institute of Technology and Woods Hole Oceanographic Institution Joint Program in Oceanography. With more than 24 years of conducting environmental assessments, remedial investigations, hydrogeologic studies, and environmental permitting, Jemsek has been responsible for overseeing technical and regulatory aspects of environmental projects and project teams, directing and managing site investigations and risk characterizations, and designing and evaluating remedial actions for hazardous-waste disposal and brownfield sites throughout New England.

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Craig Melin, President and CEO of Cooley Dickinson Hospital, will join the founding board of the Hampshire County Regional Chamber, while the hospital has pledged a two-year, $15,000 investment to the developing initiative. Melin has been a longtime supporter of the idea of a Regional Chamber, saying it can help Northampton, Amherst, and Easthampton avoid duplication of economic-growth efforts. Melin said he brings to the board a perspective on improving the health of the community, continuously improving the quality of the broader care system and helping to make healthcare more affordable.

Agenda Departments

Dress Down for Animals

Feb. 15: Employers, are you looking for a fun way to engage your staff while helping local shelter animals? By participating in Dress Down for Animals Day, your business can help provide life-saving care to dogs, cats, and other small animals at the Thomas J. O’Connor Animal Control and Adoption Center in Springfield. Through this program, employees will make a minimum donation of $5, $10, or whatever level the employer sets for the privilege of wearing whatever they wish to work on Feb. 15, with proceeds donated to the shelter. Prizes will be awarded based on donation total and number of employees participating. Businesses can compete for a a chair yoga session for up to 50 employees, a catered dessert party, a chance to introduce a business to 7,000 people on the Thomas J. O’Connor Facebook page, and more. To request a form to fill out and return with donations, call (413) 533-4817 or e-mail [email protected]. For more information about the adoption center, visit www.tjofoundation.org.

 

Business-law Basics

March 12, April 16: Get the business-law basics that every small-business owner and entrepreneur needs to know from the legal experts at the Center for Innovation & Entrepreneurship at Western New England University. This series of free information sessions is focused on key topics to help plan and grow a small business. Sessions will be held from 5 to 7 p.m. at Western New England University School of Law, in the Blake Law Center. The events are free and open to the public. Light refreshments will be provided. The dates, topics, and presenters are: March 12, “Intellectual Property Law Basics,” with attorneys Peter Irvine of Peter Irvine Law Offices, Leah Kunkel of the Law Offices of Leah Kunkel, and Michelle Bugbee of Solutia Inc.; and April 16, “Bankruptcy,” with attorneys George Roumeliotis of Roumeliotis  Law Group, Justin Dion of Bacon Wilson, and Kara Rescia of Eaton & Rescia. To learn more about upcoming events hosted by the Center for Innovation & Entrepreneurship, visit www.wne.edu/cie.

 

Women’s Fund Celebration

March 14: The Women’s Fund of Western Massachusetts will celebrate its 15th anniversary by honoring 16 local women with the first-ever Standing on Her Shoulders Awards. The celebration, at the MassMutual Center in Springfield, begins at 5 p.m. with a cocktail hour and photographic exhibit of the award recipients and a showcase of the Women’s Fund grantees. The dinner begins at 6:30 p.m. with a musical performance, presentation of the Standing on Her Shoulders Awards, and a speech by Luma Mufleh, founder and coach of a soccer team called the Fugees, short for refugees.  An immigrant from Jordan and a Smith College graduate, Mufleh has created several businesses to employ refugees and immigrants in her community. That will be followed by an after-party and dancing from 8:45 to 10:30 p.m. Tickets cost $100. RSVP by March 7 to Julie Holt at (413) 529-0087, ext. 10, or register online at www.womensfund.net. The Women’s Fund is a public foundation that has reached over 80,000 people through $2 million in grant awards. More than 100 women have participated in the Women’s Fund Leadership Institute for Political and Pubic Impact. The 16 Standing on Her Shoulders Award recipients include Elaine Barkin, Ethel Case, Claire Cox, Verda Dale, Ruth Hooke, Vera Kalm, Gail Kielson, Susan Lowenstein Kitchell, Gloria Lomax, Ruth Stewart Loving, Ruth Moore, Venessa O’Brien, Lorna Peterson, Linda Slakey, Marlene Werenski, and Angela Wright.

 

Difference Makers 2013

March 21: The annual Difference Makers award program, staged by BusinessWest, will be held at the Log Cabin Banquet & Meeting House starting at 5 p.m. Details on the event will be published in upcoming issues of the magazine. Difference Makers is a program, launched in 2009, that recognizes groups and individuals that are, as the name suggests, making a difference in this region. Several dozen nominations for the award were received this year, and the winners have been chosen. They will be announced in the magazine’s Feb. 11 issue. For more information, call (413) 781-8600.

 

Not Just Business as Usual

April 4: The Springfield Technical Community College (STCC) Foundation will host its fourth annual Not Just Business as Usual event at the Naismith Memorial Basketball Hall of Fame. A cocktail and networking reception will be held from 5:30 to 7 p.m., followed by the dinner program and keynote speaker from 7 to 9 p.m.
This year, in celebration of 40 years of excellence in nursing at STCC, speakers include ‘The Three Doctors’ — Drs. George Jenkins, Rameck Hunt, and Sampson Davis — who are well-known for their work delivering messages of hope and inspiration. As teenagers growing up on the inner-city streets of Newark, N.J., the three friends made a pact to stick together, go to college, graduate, and achieve their dreams of becoming medical doctors. They have been lauded by Oprah Winfrey as being “bigger than rock stars” and have been featured as medical experts on the Tom Joyner Morning Radio Show and CNN. The Three Doctors received the Essence Award in 2000 for their accomplishments and leadership, and a BET Honors Award in 2009. Over the past two years alone, the Not Just Business as Usual event has provided the STCC Foundation with more than $100,000 to support college and student needs. Funds help to provide STCC students with access to opportunities — through scholarships, technology, and career direction — to be successful future employees and citizens. A variety of sponsorship opportunities are available. Individual tickets cost $175 each. If your business is interested in purchasing a table, contact Robert LePage at (413) 755-4477 or [email protected].

 

40 Under Forty

June 20: BusinessWest will present its seventh class of regional rising stars at the annual 40 Under Forty gala at the Log Cabin Banquet & Meeting House in Holyoke. The gala will feature music, lavish food stations, and introductions of the winners. Look for event details in upcoming issues of BusinessWest — including the must-read April 22 issue in which the class of 2013 will be profiled — or call (413) 781-8600 for more information.

Chamber Corners Departments

ACCGS

www.myonlinechamber.com

(413) 787-1555

• Feb. 13: Murder Mystery! After Hours, 5-7 p.m. at City Place Inn and Suites, 711 Dwight St., Springfield. For reservations, contact Cecile Larose at (413) 755-1313.

 

AMHERST AREA CHAMBER OF COMMERCE

www.amherstarea.com

(413) 253-0700

• Feb. 27: Chamber After 5, 5-7 p.m. at the Hampshire Athletic Club, 90 Gatehouse Road, Amherst. Admission is $10 for members, $15 for non-members. For more information, visit www.amherstarea.com.

 

CHICOPEE CHAMBER OF COMMERCE

www.chicopeechamber.org

(413) 594-2101

• Feb. 20: February Annual Meeting/Salute Breakfast, 7:15-9 a.m., at the Castle of Knights. Tickets are $20 for members, $26 for non-members.

• Feb. 27: February Business After Hours, 5-7 p.m., at NUVO Bank & Trust Co. Admission is $5 for members, $15 for non-members.

 

WEST OF THE RIVER CHAMBER OF COMMERCE

www.ourwrc.com

(413) 426-3880

• Feb.  28: Legislative Breakfast, 7-9 a.m., at Springfield Country Club, 1375 Elm St., West Springfield. Panel of elected officials will include state Reps. Nicholas Boldyga and Michael Finn, Agawam Mayor Richard Cohen, West Springfield Mayor Greg Neffinger, and state Sen. Michael Knapik. Tickets are $25 for members, $30 for non-members. For more information, contact the chamber office at (413) 426-3880, or e-mail [email protected].

GREATER WESTFIELD CHAMBER OF COMMERCE

www.westfieldbiz.org

(413) 568-1618

• Feb. 13: February WestNet, 5-7 p.m., at Shaker Farms Country Club, 866 Shaker Road, Westfield. Meet chamber members and bring your business cards. Sponsored by Ashton Services. Admission is $10 for chamber members, $15 for non-members. Payment can be made in advance or at the door with cash or check. Walk-ins are welcomed. Call the chamber at (413) 568-1618 or e-mail Pam Bussell at [email protected]. Your first WestNet is always free.

 

YOUNG PROFESSIONAL SOCIETY OF GREATER SPRINGFIELD

www.springfieldyps.com

• Feb. 21: February Third Thursday Networking Event, 5-7 p.m., at Samuel’s Tavern, 1000 West Columbus Ave, Springfield. The event is free for members, $10 for non-members. For more information, visit www.springfieldyps.com/events.

Class of 2013 Difference Makers
SistersOfProvidence

Sr. Mary Caritas, SP, left, and Sr. Kathleen Popko, SP.

Sr. Kathleen Popko, SP likes to say that the 700-odd Sisters of Providence, present and past, “share some DNA” with Sr. Mary Providence Horan, the first mother general of the congregation.
And by that, she meant that those who worked beside her or followed in her footsteps have possessed both her many character traits and her broad operating philosophy.
As for the former, these include vision, compassion, determination, a large dose of innovation, and a very strong sense of mission.
“Mother Mary of Providence has always been an inspiration to me,” said Popko, president of the Sisters of Providence. “She had a lot of foresight and was very innovative; she established 20 works of charity within the first 15 years of her becoming head of the congregation. She crossed boundaries — she worked with the Jewish community and the Protestant community to help establish the board at Mercy Hospital, And she was willing to collaborate and ask for help from others to support the work she was doing, whether it was in Worcester or Pittsfield. And she had a great love of learning; those are qualities we like to think we possess today.”
As for the latter, well, that’s perhaps best summed up in a quote often attributed to her: “never rest on what has been accomplished, but continue reaching on to what needs to be done.”
Suffice it to say, the sisters have never done any such resting. Instead, they have, over the decades, responded to changing societal needs with the same zeal and desire that were firmly in evidence when two members of the Sisters of Charity of the House of Providence from Kingston, Ontario, Canada, came to Holyoke on a so-called begging tour in 1873 and were invited to establish a mission there to help the waves of immigrants struggling to carve out a living.
They eventually did, creating a legacy of providence that is captured in the statue of Mother Mary near the entrance to Providence Place in Holyoke, with a commanding view of the valley below. She is depicted holding hands with two young children — a boy carrying a schoolbook and a girl with a broken arm — artistic touches designed to spotlight the two basic tenets of the sisters’ work over the past 14 decades: education and healthcare.
Those two foundations remain, especially healthcare, through work carried out within the broad Sisters of Providence Health System. But the modern work of the Sisters of Providence is quite diverse, said Sr. Mary Caritas, vice president of the congregation, who listed everything from programs to provide healthcare to the region’s homeless population to groundbreaking initiatives in the broad realm of senior living, such as the ‘small house’ concept created at Mary’s Meadow.
“The one constant is need,” she said. “When the sisters came in 1873, it was in response to a need — they saw a need, and they responded. We’re doing things differently in this day and age, but we continue to have that same spirit.
“But they also recognize the need to change as society does — we’ve never been afraid to let go and move on from something because society has changed,” she went on, citing, as just a few examples, the transition of Providence Hospital from acute care to behavioral health; the repositioning of the former Farren Hospital in Montague into the Farren Care Center, a provider of services to people with severe behavioral disorders; and new uses for the facilities at Brightside for Families and Children.
The past several months have been a time of celebration for the Sisters of Providence — specifically, the marking of two important anniversaries.
Last year marked the 120th anniversary of the Sisters of Providence’s 1892 foundation as an independent congregation in the Springfield diocese. And this year marks the 140th anniversary of the arrival of the Sisters of Providence’s foremothers — today’s Sisters of Providence of St. Vincent De Paul in Kingston, Ontario — in Holyoke.
There have been a host of events to mark both occasions, from the planting and blessing of ‘anniversary trees’ to an anniversary procession and prayer; from an “open weekend of gratitude” to a dinner at Mercy Medical Center.
And because of that long history of caring being celebrated, there will be at least one more event to attend — BusinessWest’s Difference Makers Gala on March 21, when the sisters will be introduced as members of the Class of 2013.
For this special section profiling this year’s winners, we spoke at length with Popko and Caritas about how society may have changed over the past 140 years, but the devotion of the Sisters of Providence to their mission of meeting the needs of the most challenged segments of the population certainly hasn’t.

Past Is Prologue
Before talking about Western Mass. in 2013, Popko and Caritas wanted to talk first about Holyoke in 1873. Doing so, they said, would at least start to put the work of the Sisters of Providence in perspective, and also help explain that shared DNA.
Holyoke was the first planned industrial city in the country, they explained, and in the early 1870s, it was the place where some mill owners found fortune and many immigrants found opportunity for employment. But most found only hardship in the form of difficult, often dangerous work; crowded, inadequate housing (tenements built near the mills); and systems of education and healthcare that were nonexistent or extremely lacking.
It was into this environment that Srs. Mary de Chantal McCauley and Mary Elizabeth Stafford ventured on their begging tour in early 1873. They found the climate difficult for philanthropy — the country was in recession, and many of Holyoke’s mills had closed, while others were struggling — but ripe for charity, and for mostly the same reasons.
Fr. Patrick Harkins, pastor of St. Jerome’s Church in Holyoke, proposed that the congregation establish a mission in his parish for sick people and orphaned children, and one was created later that year, with four pioneer sisters from Kingston moving into a house belonging to St. Jerome’s but located across the Connecticut River in South Hadley Falls. The first orphan was admitted one week after their arrival, and the first patient was admitted for hospital care on Dec. 2, the recorded date of the beginning of the House of Providence, the first Catholic hospital in Western Mass.
Two years later, land was acquired for a new House of Providence on Dwight Street, while that same year, six sisters from Kingston, including Mother Mary of Providence, were assigned to teach at St. Jerome’s Institute, a school for boys in Holyoke.
In 1880, 53 acres of property in Holyoke, known as Ingleside, were purchased, and ground was broken for Mount St. Vincent, a home for orphaned girls. Sixteen years later, property on Carew Street in Springfield was acquired and deeded to the congregation for the House of Mercy, which later became Mercy Hospital and is now known as Mercy Medical Center.
In 1890, Bethlehem House, a home for infants and toddlers, opened at Brightside in Holyoke, Farren Memorial Hospital was dedicated, and schools of nursing were opened at Providence Hospital, Mercy Hospital, and St. Vincent Hospital in Worcester, establishing a pattern of caring and growth that continued unfettered for decades.
“When the sisters came here, they were not here a week, and they had an ophan at the door, and then the alms person in the city decided to send some more,” Popko explained. “It wasn’t long before the need was manifested, and they responded, whether it was with orphaned children or with healing the sick, oftentimes in their homes, or it was with making burial plots because there was no one to do that.
“And I think that’s why the Sisters of Providence ministries have been so diverse, from the beginning,” she continued. “It wasn’t simply that we started a healing ministry and were in hospitals, although that evolved most significantly. We were also involved in caring for the elderly or the orphaned or abandoned children, or in burying the dead, or doing home care. We were trying to be the providence of God in the lives of others, and in doing that, we reached out into healing ministries.”
Today, the area facilities operated by the Sisters of Providence include Providence Hospital, Mount Saint Vincent Care Center, Beaven Kelly Home, Providence Place retirement community, and Mary’s Meadow long-term nursing care and rehabilitation center, all in Holyoke; Mercy Medical Center and St. Luke’s Home in Springfield; Saint Luke’s Hospital in Pittsfield; Saint Vincent Hospital in Worcester; Farren Care Center; Genesis Spiritual Life Center in Westfield; and the many agencies of Brightside for Families & Children. There are also operations far outside this region, ranging from a home-health agency, hospital, and retirement village in North Carolina to a health clinic and multiple social-service agencies in an impoverished section of Santiago, Chile.
The specific missions and constituencies served vary with each ministry, said Popko, but there is a common denominator — bringing care to those who need it, and to those who may have no other alternative.

Innovative Spirit
The stories of many of these various ministries, as well as the people who inspired and created them, are told in a recently released book titled 140 Years of Providential Caring — The Sisters of Providence of Holyoke, Massachusetts.
Authored by Suzanne Strempek Shea, Tom Shea, and Michele Barker, it chronicles how many programs and facilities were developed, and is told largely through the eyes and thoughts of the individuals who paved those roads. There’s a chapter, for example, on Sr. Julie Crane and her work to create Health for the Care of the Homeless, another on Sr. Caroline Smith and her efforts to create the Sisters of Providence Methadone Maintenance Program, and still another on Sr. Elizabeth Oleksak and her work at Genesis Spiritual Life Center.
These chapters serve as both historical record and source of inspiration, said Popko.
“The individual stories demonstrate how that original spirit has been the driving force for us for 140 years, and how it’s certainly taken different shapes and forms and responded to the different calls of providence in each of our lifetimes,” she explained. “It’s certainly been an amazing journey, and for us to look back on it all in 2012 and 2013 and to read some of our archival material and relive some of the extreme dedication and willingness to reach out in multiple ways, is certainly inspiring.”
And moving forward, the unofficial assignment for the Sisters of Providence is to write more chapters for the next book, said Popko and Caritas. This means finding new ways to carry out the original mission, while also strengthening the infrastructure and operating philosophy that will ensure that this work is carried out in the decades to come, long after the last of the current sisters, already dwindling in number, are gone.
This is part of the legacy of never resting on one’s laurels that continues today, said Caritas, adding that there are several examples of how it manifests itself.
One involves a portion of the former Brightside property, used for residential treatment programs that were discontinued in 2010.
“I’m sure Mother Mary would have been thinking, as we have been for the past three years, about what to do with that property,” Caritas told BusinessWest, adding that plans are emerging to relocate the Sisters of Providence home-care and hospice programs in the main administration building at Brightside, while the ground floor will be used for something called PACE, or the Program for All-inclusive Care for the Elderly.
Elaborating, Popko said the initiative is a capitated-insurance program that provides essentially whatever care is needed to enable an older individual to remain in his or her own home. “They come to the site three or four times a week,” she explained, “and they might get all kinds of care, be it socialization, they might get a bath, there will be a clinic there so we can look at their healthcare needs and medication. They will be assessed, and care will be coordinated. It’s all designed to prevent those higher-cost institutionalizations by treating them effectively in the short run.”
In other words, it’s another imaginative approach to meeting recognized needs in the community, said Caritas, adding that there are other possible reuses of the Brightside facilities coming into focus, including low-income elderly housing, a geriatric-assessment center, and other coordinated facilities.
“It will be a full-service site,” she noted, “one that will provide all-inclusive care for those who participate.”
Securing funding for the project is ongoing, and it will be a challenge, said Popko, adding that there is no firm timetable in place for this strategic initiative. But the manner in which it is coming together speaks to the legacy of the Sisters of Providence and that notion of never resting on laurels.
“It references a vision of the future, a responsiveness to the needs of the times, and a creative reuse of existing resources — a replanting of the seeds, if you will, that were put down 140 years ago,” she said. “That’s what we’ve been doing throughout our history.”

Mission: In Progress
Returning to her thoughts on Mother Mary of Providence one more time, Popko said that she’d been doing some reading about her lately, and learned that her skills extended into architecture and building practices.
“I just read a quote recently … she said, ‘the next hospital we build is not going to be the conversion of some big house so we can fit in beds,’” Popko recalled. “She said, ‘we’re going to build a modern facility designed for the care of people.’
“Meanwhile, she designed Mount St. Vincent herself,” she went on. “She saw the first plans and went to the bishop and said, ‘these plans are totally inadequate.’ So they made her a committee of one; they tore up the plans, let her design her own building, and pretty much built off what she drew up.”
The current sisters are not architects in the same literal sense, but they are designers and builders in a figurative manner — blueprinting new ways to expand the mission launched 140 years ago.
And in that respect, the DNA is the certainly the same. The 700 Sisters of Providence through history have always been Difference Makers.