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Health Care Sections
Keeping Health Care Reform on the Front Burner

No single reform would do as much to improve the wealth of our nation and the lives of Americans as a comprehensive overhaul of our health care system. But the best chance of swift and major reform may have died with the end of Hillary Clinton’s run for the White House.

Sen. Clinton kept health care on the front burner, promising action in her first term. Health care has already slipped as the top domestic concern, a position it held earlier in the campaign for the first time since the last Clinton campaign in 1992. The economy has passed it. But you can’t have a healthy economy without a functioning health care system.

Unfortunately, there are no easy fixes, no simple wands that can be waved to solve what ails our health care delivery system.

America should be the envy of the world when it comes to delivering health care, since we pay more per capita than any other nation, soon nearly 20% of our gross domestic product. In many areas of medicine, particularly in research, we are leading the world. But in others, we are not keeping pace.

We have the second-worst newborn-mortality rate in the industrialized world, and rank highest in preventable medical errors. Even worse, one in six Americans has no access to high-quality medical care. What we need from the next president is real leadership and a vision for changing what’s wrong with our health care system.

Sens. John McCain and Barack Obama have reform plans that take divergent paths, neither of which is as comprehensive as Clinton’s. Obama would require that children have health coverage, but not adults. The problem with that is, if there is no mandate for adults, the young and the healthy will opt out, leaving the older and sicker in the system. This would likely force premiums up.

Obama takes a page from the Massachusetts health-reform law and would require employers to offer ‘meaningful coverage’ or contribute to a new public plan for the uninsured and small businesses. He also says health insurance would be more affordable with lower co-pays and deductibles, and he would require insurers to offer coverage without exclusion for pre-existing conditions. He would also allow those without insurance through an employer to buy into plans now available to some federal employees.

McCain’s plan follows the Republican playbook, that the answer is to cut costs and inspire all Americans to buy insurance by means of tax incentives. His plan would end the tax deduction that employers get for their share of employees’ premiums, thus undercutting the employer base of most families’ insurance. Instead, he would give families a $5,000 tax credit toward any coverage they buy.

The McCain camp says the tax credit should encourage insurance companies to develop plans that come in at that price, no easy task in high-cost states such as Massachusetts. He would encourage competition by allowing insurance to be sold across state lines.

Both plans fall short, and neither truly promises universal access. McCain’s plan is particularly radical in that it would eliminate the ‘safety net’ that employees have come to value and would undoubtedly put more of the cost of health care directly on individuals and families. Furthermore, individual insurance sold on the open market is inevitably more inefficient for insurers and more expensive for consumers. It may make it harder for those with chronic conditions to get health insurance.

There are three areas the next president must focus on, and all three must be in balance: making sure every American has health insurance, improving the quality of care, and controlling costs. Viable solutions to our nation’s health care crisis will require a bold plan for action, not rhetoric. We can thank Clinton for driving that point home. Whether her health plan was right or wrong, she was tenacious and brave, and her plan was the most comprehensive and detailed. We should demand the same from McCain and Obama.

Opinion

It was with significant fanfare — and some lofty rhetoric — that Gov. Deval Patrick signed into law a 10-year, $1 billion life-sciences bill that he first put on the table more than a year ago in an effort to boost the state’s already-strong national and global position in that industry.

The measure calls for a $95 million research center at UMass Amherst, and the university’s president, Jack Wilson, called the life-sciences initiative “a game changer for the Commonwealth.” Elaborating, he said the bill would create “new breakthroughs, new jobs, and new companies.”

It will do so, according to its proponents, through $250 million in tax credits for companies, $250 million in research grants, and $500 million in bonds for capital projects. Locally, in addition to the new research center at UMass, the bill calls for $5.5 million to be earmarked for a business incubator at the Pioneer Valley Life Sciences Institute in Springfield, a joint venture between UMass and Baystate Health.

Dr. Paul Friedmann, director of the PVLSI, said the bill will enable the state to more effectively compete with other states and other countries at a time when said competition is considerable — and mounting. Indeed, Maryland Gov. Martin O’Mally this week unveiled his own $1.1 billion plan to buoy that state’s life-sciences industry, while California, Texas, and other states have also made sizeable investments.

But if the BIO bill, as it’s called in some quarters, represents a step forward, perhaps a giant step, in terms of competitiveness in that all-important sector, the state is in danger of taking two steps back with regard to its overall economic health and prospects for future job growth.

Several measures small and large, ranging from $500 million in corporate tax hikes that are soon to be enacted, to soaring health insurance costs, to a bill mandating triple damages in cases involving violation of state wage-and-hour laws, threaten to seriously impact the state’s level of competitiveness and possibly bring the term ‘Taxachusetts’ back into vogue.

The governor didn’t sign the amendment to the Commonwealth’s wage-and-hour laws — in fact, he wrote legislators a letter warning them of its possible consequences to businesses large and small. But only a few of the representatives heeded the message.

And this was not a conservative Republican governor sending out that letter and challenging the largely Democratic Legislature to take a step back and consider the ramifications of its actions — but a fellow Democrat, one who took office with hopes that he and members of the House and Senate could work together to bolster the state’s economic future.

The disconnect between Patrick and the Legislature on the triple-damages provision underscores the need for a government-wide focus on making this state more competitive across all sectors of business.

What’s needed overall is a change in attitude, and this is nothing new. For too long now, business in Massachusetts has been viewed as something to tax more heavily when times are tough. When jobs are lost and businesses close or move out, there is significant mourning and finger-pointing about what could have been done differently. But there has never really been a broad focus on efforts to truly make Massachusetts more business-friendly.

Elected leaders can do it for a little while, as they did in the late ’90s, and they can make some big headlines, as they did with the BIO bill. But they need to be more consistent and, overall, change the general attitude about business in this state. And they need to do it soon, because the competition is mounting, and not just in the life-sciences sector.

The BIO bill may indeed prove to be a game-changing step for Massachusetts. It holds enormous promise for the state and especially for UMass Amherst, which can, and needs to be, a more powerful economic engine for the Commonwealth.

But while putting in place these tax credits, bonds, and research grants for selected players in this emerging sector, elected officials have to consider businesses of all shapes and sizes and what it will take to bring them here or keep them here.

And this will take real leadership — something we need to see much more of.

Sections Supplements
Develop a Strategy to Become a Category of One

We know from working with other service professionals (legal, health care, accounting, engineering, architectural, etc.) that many of business owners and managers are concerned about how to keep their regular business and bring in new business in this tough economy.

When just a year or two ago business was great, why is it that some firms and practices are still doing well while others are struggling?

The answer is simple. The strong firms have built a solid reputation. They don’t have to work at educating and convincing their clients and prospects about who they are, what they do, and why they should be trusted, because people already know what they’re going to get.

In other words, those firms have a brand that already exists. They have created a category of one and eliminated their competition in the minds of their clients and prospects.

By now you’ve probably heard that a brand is important and having one will somehow help you become more desirable. We’ve heard much confusion about branding, though, as evidenced by comments like these:

  • “We don’t need a brand. We don’t sell widgets.”
  • “How can we possibly create a brand that differentiates us when everybody is offering virtually the same services?”
  • “Doesn’t it cost a lot of money to create a brand?”
  • When all of the firms in your market are saying the same thing, that they have the best, most experienced professionals, and that they will tirelessly dedicate themselves to serve a client’s every need, how can you possibly sound any different than your competition? One of the quickest ways for a firm or practice to prosper is to define what it is and what it stands for, and then concentrate on being that all the time.

    Even though your service company delivers an intangible, if it can have a reputation, a personality, or strong values … that’s a brand. Your brand is how you are perceived in the market. When you communicate who you are and what you stand for, you have to live and breathe it every day. It has to be inherent and organic. You communicate who you are by demonstrating your brand in what you do, what you communicate, and how you say it. When all your branding actions and messages are congruent, the less work you have to do to prove your value when a prospect is ready to make a choice.

    Keep Selling or Build a Great Reputation

    Today, any concept can be branded. Political parties and religions have brands. So do celebrities, rock stars, and athletes. When you hear their names, you automatically know who they are and what they represent. Any idea, concept, person, place, or thing that can have an emotion attached to it can be branded.

    Here’s what a brand does. If you were considering Tiger Woods to be a spokesperson for your firm, would you find it necessary to interview him and check him out first? Or would you already know exactly what you’re getting?

    Now imagine considering a local motivational speaker to be your spokesperson. You would most likely find it necessary to check him out and get several references before making a decision.

    There’s a big difference in your confidence level when considering Tiger Woods and the unfamiliar, local person in the scenarios above. That’s the power of a brand. One’s reputation precedes him while the other requires a lot more selling and confidence-building to earn your trust.

    If your firm can be remembered in the minds of your constituency for something of specific or unique value, you can build a brand based on that value. If not, your potential clients will have to go through a trust-building process and comparative shopping exercise until they are comfortable choosing you. Without a strong brand, every new prospect who doesn’t know you will have to go through their own trust-building process first.

    When you have something distinctive and memorable, your reputation (brand) precedes you. You don’t have to sell as hard.

    Innovation and Marketing Create Growth

    One could say, you’re not in the ‘law, medical, accounting, etc.’ business; you’re in the ‘getting and keeping customers’ business. Obviously, without clients there is no business. Your objective is to make your firm sustainable by creating a repeating stream of clients who perpetuate your company. That’s the goal of marketing.

    Innovation is the process that creates the distinctive value that is added to your service to set you apart from your competition. The value you represent to your clients can be from a diverse list, but trust is near the top of it. The more value you add to your distinction, the more trust you can build in current and future clients.

    Your firm’s brand can be enhanced by the experience and expertise you’ve gained over time and through innovation. When you set up a different client expectation, you create a competitive advantage.

    You then bring it all home though marketing when you communicate your innovative ideas (uniqueness) to attract new clients. Innovation and marketing are what drive every business. When you stop one or both, your business begins to fail.

    Consistency Builds Reputations

    Your brand should be consistently communicated internally and externally in everything that represents your firm, in everything that can form an impression about the firm tangibly and intangibly. From employment policies and practices to office decorum, from dress code to company culture, your brand is at stake in every interaction and client touch point. Your logo, colors, stationery, Web site, brochures, advertising, and other marketing communications materials communicate your brand visually and verbally.

    When your brand is defined, focused, communicated, and enforced by congruent, consistent, and repeated acts, it becomes stronger. That creates the reputation that identifies your firm in the consciousness of the marketplace.

    Leveraging Brand Value

    Branding is all about leveraging, and the beauty of a strong brand is that its value continually builds upon itself. Increased brand value can be leveraged:

    • Through premium pricing;
    • In shareholder value;
    • In an enjoyable and productive workplace;
    • By attracting and creating loyalty in the best kind of clients;
    • Through public relations;
    • By appealing to quality vendors;
    • By attracting and creating loyalty in the highest-caliber personnel;
    • Through all marketing activities; and
    • Through competitor comparisons.
    • When this process is strategically planned and executed, your marketing function becomes increasingly easier to manage. In fact, everything becomes more predictable and easier when it is intrinsically woven into the culture of your brand.

      A brand does not come from top-down dictates. It has to be organic and permeate your firm like DNA. Your firm’s leaders have to understand and champion it, making sure that everyone lives it so it becomes part of your firm’s culture. A brand has to be authentic. It cannot be hung on a meaningless slogan lacking the substance of a client expectation. It cannot be faked. It has to be embraced by every individual within your firm at every level, or it loses its relevance.

      The essence of your inherent brand becomes the vision that your managing partner can use to lead your firm. It is the idea that the entire organization can get behind to ensure a unique and consistent experience for all stakeholders.

      Becoming a Category of One

      When a firm has a strong brand, it develops a life of its own internally and externally. As a result, the firm becomes a great place to work and a great place with which to do business. All service firms and practices have a brand, whether deliberately crafted or assumed through community impression. Doesn’t it make sense to craft yours intentionally and guide its development?

      Firms with strong brands do well regardless of the economy because they are focused solely on their constituencies’ wants and needs rather than on themselves. Their goal is to be the absolute best in what they do for their clients, period. They constantly look for ways to add more value to their clients’ experience. They’re passionately on a mission to be a category of one.

      A strong brand gives your firm a sense of direction and the tools to control your path so you and move forward with a greater sense of purpose. Once equipped, you’ll begin to see further horizons, and those firms that you once thought were competitors, the ones without the same equipment and knowledge as you, eventually become irrelevant.

      When a service firm or practice becomes a category of one in its market, it has no competition. Its professionals no longer have to persuade prospects to become clients because prospects are attracted to them. These firms usually find themselves in a position to choose the clients they want to work with.

      Become a category of one. Create a strong brand — and eliminate your competition.

      Christine Pilch and Dennis Kunkler are partners with Your Brand Partnership. They collaborate with clients and agencies to get results through innovative positioning strategies;yourbrandpartnership.com; (413) 537-2474; “Expect Results.”

      Sections Supplements
      Creating a Financial Strategy for the Long Haul

      Conventional wisdom tells us that once you start getting a paycheck, you should save a portion of it for retirement.

      Too bad life gets in the way: illness, children’s education, home renovations, job loss, divorce, and more can all dip into funds earmarked for retirement. It’s no wonder that 44% of Americans age 55 and older have saved less than $100,000, according to a Retirement Confidence Survey by the Employee Benefit Research Institute.

      Still, it’s important for Americans — even those in their 50s and 60s — to know that it’s not too late to jumpstart their savings as they approach retirement. What follows are some simple financial strategies to consider:

      Know what you’ll need. Take the time to figure out — and revisit — how much money you’ll need in retirement. Experts estimate that retirees generally need at least 70% to 80% of their pre-retirement income. You can tap into Web sites that help calculate your life expectancy and how long your money will last in retirement. Among the sites featuring financial calculators are www.longevitygame.com, www.smartmoney.com, www.aarp.org, and www.ssa.gov. If you haven’t already, it might be helpful to talk with a financial professional to develop a strategy to meet your individual needs. Here are some points to remember:

      Cut the debt. Eliminating consumer debt and curbing spending is a critical precursor to retirement. This may not be easy, however, since the average American carries $2,328 in credit card debt, according to 2005 research by Myvesta, a non-profit consumer education organization.

      If credit cards are sabotaging your pocketbook, you can call your credit card company and renegotiate the interest rates being charged. You can also make a point to pay a set amount of extra money toward your debt. Look for this money by cutting out expenses you could do without — regular trips to coffee shops, pricey restaurants, membership fees for services you don’t really use. It’s also wise to destroy your credit cards and keep just one card in hiding in case of emergencies.

      Check how you’re saving. Many experts suggest that pre-retirees save at least 10% of their annual gross income, but those with fewer resources may need to save more. In any case, how you save can be as important as how much you save.

      First, always contribute as much as you can in savings plans. The government allows workers age 50 and over to save more than younger employees with ‘catch-up contributions,’ allowing older workers to contribute thousands more to their 401(k)s and IRAs each year. The maximum contribution limit for an IRA (Roth or traditional) is $4,000 for the general population and $5,000 for those 50 and older by year-end. For 401(k)s, the maximum contribution limit for pre-tax employee contributions is $15,000 for the general population; for those 50 and older by year-end, the limit is $20,000.

      Annuities are another savings vehicle worth considering. They offer a tax-advantaged way to guarantee an income for life, or, alternatively, a set amount of income for a specific number of years. In general, funds can be withdrawn from an account after age 59 1/2, at which time the earnings withdrawn are taxed. Withdrawals prior to age 59 1/2 may be subject to ordinary income taxes and a 10% IRS early-withdrawal penalty. It’s best to consult with a tax advisor for specific tax advice.

      Be prepared for health’s ups and downs. While Americans are living longer, there are no guarantees for good health. Health-related expenses can impact the income you’ll need in retirement while medical conditions can jeopardize your retirement plans. It’s estimated that 60% of people over the age of 65 will need help with health and personal needs and activities of daily living as they grow older. Having insurance for such needs may be a consideration.

      Consider working at least part-time. If you receive a regular paycheck, you don’t have to draw as much from your investments to get by. This gives your savings a chance to grow and lowers the risk of your portfolio running dry. Employer-paid medical insurance for you and your spouse may also be a major benefit, especially if you’re waiting for Medicare to kick in.

      Another way to look at working: those who retire at 65, work two days a week, and earn 40% of their pre-retirement salary can increase their savings by 30% over five years.

      Even with retirement only a decade or less away, those in their 50s have the power to make the most of their prime earning years while refining their retirement strategies. By saving, investing, and preparing wisely, pre-retirees can ensure a growing retirement nest egg for years to come.

      John H. Joyce is a financial representative with Northwestern Mutual Financial Network, the marketing name for the sales and distribution arm of the Northwestern Mutual Life Insurance Company (NM) in Milwaukee, Wis., its affiliates and subsidiaries. Joyce is an insurance agent of NM based in Springfield. Securities are offered through Northwestern Mutual Investment Services, LLC, 1351 Main St., Springfield, member FINRA and SIPC. NM is not a broker dealer; (413) 748-8744;[email protected];nmfn.co/johnjoyce. This article is for educational and informational purposes only. It is not intended to be used for tax or legal advice.

      Sections Supplements
      The Rules Are Changing, So Beware of Costly Non-compliance Penalties

      As spring draws to a close and attention turns toward picnics, barbeques, and ballgames, the clock continues to tick down — to Dec. 31, 2008.

      While many people associate New Year’s Eve with parties and revelry, 2009 will not be a happy year for employees or employers if the non-qualified deferred compensation arrangements and/or plans to which they are a party do not comply with section 409A of the Internal Revenue Code. All businesses — big and small, public and private, non-profit and for-profit — as well as the workers they employ, may be affected by the requirements of and penalties imposed by 409A.

      Section 409A was added to the Internal Revenue code as a result of the enactment of the American Jobs Creation Act of 2004. The impact of this addition is far-reaching and not yet fully appreciated. In fact, if you or your employees participate in a deferred compensation agreement or are a party to an employment or severance agreement that provides for deferred payments, you may be subject to the consequences of non-compliance.

      What, you may ask, are the consequences of non-compliance? The penalties are as straightforward as they are harsh. If a plan, arrangement, or agreement does not meet the exacting standards of 409A, the amount deferred will be included in the employee’s income immediately, even if the employee is not currently eligible to receive that amount. In addition, a penalty tax of 20% will be levied on the amount included in the employee’s income.

      Finally, an interest payment equal to the IRS underpayment rate plus 1% will be applied from the date when the amount was first deferred to the date when it is includable as income to the employee. Taken together with the income taxes you currently pay, these penalties and interest may equal a 50% tax on your income.

      Perhaps the best way to explain the application of 409A is to discuss the plans it does not apply to. For instance, the provision does not apply to qualified retirement plans, such as plans promulgated under Internal Revenue Code sections 401(k), 457(b), and 403(b), nor does it apply to defined benefit pension plans, employee stock option plans, vacation pay, sick pay, death and disability plans, or compensatory time off, and other similar plans. While this may seem like an exhaustive list of retirement plans and benefits, it does not include supplemental employee retirement plans, employment agreements, severance agreements, some split dollar arrangements, stock option plans, and other similar plans.

      To further complicate matters, non-qualified deferred compensation that was vested prior to 2005 is not subject to 409A because of its ‘grandfathering’ provisions. Employers with plans that contain compensation deferred prior to 2005 can choose one of a number of options to preserve the grandfathered status of these deferrals. These options include:

      • Freezing the existing plan;
      • Grandfathering past deferrals while ensuring compliance of new deferrals; and
      • Amending the plan in its entirety so as to ensure compliance.
      • Generally, in order to comply with 409A, a plan and/or arrangement must:
      • Place limitations on when an employee may choose whether or not to defer compensation, if applicable;
      • Clearly identify when an employee may receive deferred compensation; and
      • Place limitations on when a change may be made to the payment date.
      • Elections to defer compensation for services performed during a taxable year must be made by the end of the year immediately preceding that taxable year. This election must include the time and form of payment to which the employee is eligible.

        The limits imposed by 409A on when deferred payments can be received dictate that, in order for a plan or arrangement to comply, it must provide that payments under the plan or arrangement be paid (1) on a date certain; (2) pursuant to a set schedule; and (3) upon the occurrence of a ‘triggering event.’ These triggering events include separation from service, death, disability, change of ownership, or unforeseeable emergency. If your plan is subject to 409A and doesn’t contain the aforementioned conditions, it is now time to begin your 409A compliance program.

        The best way to avoid running afoul of the rules set forth under 409A is to put a comprehensive plan in place as follows:

        • Identify those plans, agreements and/or arrangements that are subject to 409A;
        • Determine who within your organization is responsible for 409A compliance. If your organization does not have an in-house compliance coordinator, you should contact your accountant, attorney, tax advisor, or human resources professional;
        • Evaluate those plans, arrangements, and/or agreements subject to 409A in order to determine whether they are compliant as currently written; and
        • Formulate a plan of action to ensure compliance. Steps may include amending, terminating, or adopting new non-qualified deferred-compensation plans.
        • Section 409A compliance is a complicated and far-reaching endeavor. In order to avoid running afoul of the regulations set forth by 409A, employers should consult with professionals. Several IRS guidance notices have already been written, and more are sure to follow as the effects of 409A are further understood.

          The issues addressed here are merely a sampling of the plans affected by 409A and the options available to employers in order to ensure compliance with its rules. As such, do not wait until summer turns to fall before evaluating the deferred compensation plans to which you are a party. Dec. 31 is the deadline to comply with 409A, and non-compliance is going to result in costly fees and penalties in 2009.

          Dennis G. Egan Jr. is an associate with the regional law firm of Bacon Wilson, P.C., specializing in business and corporate law;[email protected]; (413) 781-0560.

          Uncategorized

          Getting rewarded for nothing? Winstanley Associates has it down to a science.

          That’s not a dig; the marketing and advertising firm based in Lenox has taken high honors from the American Advertising Federation (AAF) for a self-promotional piece titled ‘Winstanley Nothing,’ an empty, plastic blister pack that the agency used as a bit of tongue-in-cheek direct mail to give clients and prospects a chuckle as they cleared out their inbox.

          “Nothing will make you happy,” the package without a product proclaims. “There’s nothing to worry about, there’s nothing inside … it all starts from nothing.”

          ‘Nothing’ made its debut in the advertising world in March of this year, when it was awarded a gold ADDY award as part of the AAF’s annual awards competition for advertising, design, and marketing professionals across the country. The recognition came during the local competition of the Ad Club of Western Mass. (ACWM). Gold winners from the that event, which were chosen by a panel of five AAF judges from across the nation, were automatically entered into district competition, to be judged against entries from other ad clubs in Maine, Vermont, New Hampshire, Connecticut, Massachusetts, and Rhode Island.

          Winstanley took a silver district ADDY, and moved forward to the third tier of competition, earning another silver ADDY on the national level in the category of ‘Advertising Industry Self-promotion.’ Nearly 2,000 entries were judged on the national level, with 413 gold and silver awards handed out.

          Much Ado

          Ralph Frisina, creative director at Winstanley, said the project is an example of the kind of innovative item the agency likes to create and disseminate once or twice a year, to “cut through the clutter,” as he said, and showcase its talents.

          “We try to do a 3D product of some kind, because people get so much stuff across their desks. We like to cut through the noise, and do it with a sense of humor,” he said.

          Devising the idea started with a little brainstorming, Frisina added, as well as searching for objects to which an idea could be applied.

          “We look for materials that are made by other companies or surplus outfits, and try to come up with a funny idea that fits.”

          From there, the concept is finalized, packaging designed, and copy written before the final product is mailed to unsuspecting professionals across the region. Frisina said Annette Ragan, co-creative director, and Meghan Dewar, art director, were particularly involved with the project.

          About 600 clients and prospective clients received ‘Nothing’ in 2007; in the past, Winstanley has also sent a ‘tree in a can’ through the mail, a set of ‘Santa Claws’ during the holidays, and bright, pink flamingoes to announce a summertime party. Owner and President Nate Winstanley said the items are light in tone, but because of that, people tend to keep them in their offices, on a bookshelf or tacked to a bulletin board. That longevity, he said, is their greatest strength.

          “It shows the true value,” he said. “People keep them because they’re funny, and they also demonstrate our capabilities.”

          Much Ado

          This is the first national ADDY win for Winstanley Associates, and its owner said he’s been pleased with the ACWM’s work as both a local ad club and as an AAF affiliate.

          “Five years ago, we spent the majority of our time with the Albany Ad Club, and we could not access national competition through that relationship,” Winstanley said. “So, we shifted to participating in the Western Mass. show because of its ties to the AAF, and that has given us an entrée into the highest level of competition in the U.S. That’s an important aspect, and one reason why we’ve become active in the club.”

          Frisina agreed.

          “The ACWM deserves kudos for getting, and trying to get, excellent judges,” he said. “If we want the opinions of people at the same level as us, that’s easy to get. But the club works hard to get good judges from all different areas and levels, and that’s the reason you compete in the first place — to see how and where you measure up. The national ADDYs are awarded to some of the biggest agencies in the country and in the world. To be given an opportunity to play in that arena is invaluable.”

          Overall, it was a good year for Winstanley Associates at the ADDYs; not only did the agency secure the region’s only national win (Health New England advanced to the district competition, earning a gold ADDY for its ‘City of Bright Nights Ball 2007’ invitation design), but also garnered the highest number of gold ADDYs at the local celebration, held at CityStage in Springfield.

          In total, Nate Winstanley earned six gold ADDYs and one bronze in categories ranging from self-promotion to consumer and trade publications to sales promotion.

          What’s more, Nate Winstanley said the agency is currently wrapping up a new project called Pet Peeves, that includes a 3D component similar to ‘Nothing,’ but also a new twist — a Web-based, interactive component that was devised in collaboration with Winstanley Associates’ sister software-development company, Lenox Softworks.

          “The idea was to sort of make a little box — the box is empty — to symbolize a place to put your peeves,” he explained. “The piece gets them to go to a Web site, where they can post their pet peeves.”

          Not for Nothing

          Winstanley said the project, like its predecessors, is rooted in humor. But it will also attempt to create an important link between traditional media and online sources.

          “It’s sort of a new protocol for marketing,” he said. “We’re hoping to demonstrate our ability to create an interface between traditional and new media; it’s a great example of using print as a lead to generate traffic for interactive projects, and it’s unique because both companies are involved.”

          There may be nothing in store for recipients when they open that little box, but Winstanley Associates has had success with nothing before.

          And for them, that’s really something.

          Jaclyn Stevenson can be reached at[email protected]

          Departments

          Party with a Purpose

          June 26: The Springfield Boys & Girls Club has been selected as this year’s recipient of funds raised during Merrill Lynch’s 2nd annual “Party with a Purpose” at the Log Cabin in Holyoke. The fun-filled, tropical-island-themed party promises fun for all, and proceeds raised will benefit the club’s after-school and summer-education programs. Tickets are $100 per person and can be purchased at the Springfield Boys & Girls Club. For more information, call Gary or Barbara at (413) 785-5266.

          Berkshire Young Professional’s ‘Speed Networking Palooza’

          June 26: Berkshire Young Professionals, a program of the Berkshire Chamber of Commerce, will host its second ‘Speed Networking Palooza’ from 5 to 8 p.m. at the Top of the Crowne at the Crowne Plaza in Pittsfield. Attendees will be able to compress hours of networking into a few minutes; those planning to attend should bring plenty of business cards. Cost is $10; complimentary hors d’oeuvres and a cash bar will be available. Pre-registration is required. For more information or to register, call (413) 499-4000, or E-mail [email protected]. You may also register on the Web at berkshirechamber.com.

          Business Resource and Services Fair

          July 17: The Regional Employment Board of Hampden County will present the Hampden County Business Resource and Services Fair, designed to inform businesses in Hampden County about state and regional services that are available to them to assist in addressing business needs and strategies. Some of the organizations scheduled to appear include the State Office for Minority and Women Business Assistance (SOMWBA), Commonwealth Corp., MassDevelopment, New England Trade Adjustment Assistance for Firms, and many others. For more information, call the Regional Employment Board at (413) 787-1547; [email protected].

          Departments

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

          Acevedo, Ramonita
          131 Glenmore St.
          Springfield, MA 01129
          Chapter: 7
          Filing Date: 04/16/08

          Ang, Sunnser
          2 Culdaff St. Apt. L
          Easthampton, MA 01027
          Chapter: 7
          Filing Date: 04/24/08

          Barlow, Keith M.
          305 North Main St.
          East Longmeadow, MA 01028
          Chapter: 7
          Filing Date: 04/24/08

          Barre Auto Supply
          Thibeault, Shawn H.
          Thibeault, Jennifer L.
          a/k/a Archibald, Jennifer L.
          270 North Brookfield Road
          Barre, MA 01005
          Chapter: 7
          Filing Date: 04/30/08

          Bermudez, Martina
          144 Abbe Ave.
          Springfield, MA 01107
          Chapter: 7
          Filing Date: 04/16/08

          Bernal, Suiny G.
          45 Bartlett St.
          Springfield, MA 01107
          Chapter: 7
          Filing Date: 04/22/08

          Bessette, Roger A.
          Bessette, Kristin M.
          P.O. Box 2013
          Warren, MA 01083
          Chapter: 7
          Filing Date: 04/19/08

          Betterton, Richard M.
          61 St. Jacques Ave.
          Chicopee, MA 01020
          Chapter: 7
          Filing Date: 04/30/08

          Bobilin, Howard A.
          Bobilin, Peggy A.
          183 Holtshire Road
          Orange, MA 01364
          Chapter: 7
          Filing Date: 04/30/08

          Bolton, Daniel L.
          456 Main St., Apt. 3
          Athol, MA 01331-1856
          Chapter: 7
          Filing Date: 04/20/08

          Bonilla, Joel
          Bonilla, Priscilla
          65 Kulig St.
          Springfield, MA 01104
          Chapter: 13
          Filing Date: 04/29/08

          Bradley, Michael J.
          Bradley, Patricia M.
          73 Jean Dr.
          Springfield, MA 01104
          Chapter: 7
          Filing Date: 04/28/08

          Bressette, Linda L.
          239 Wahconah St.
          Pittsfield, MA 01201
          Chapter: 7
          Filing Date: 04/28/08

          Brunelle, Maritza
          492 Maple St.
          Holyoke, MA 01040
          Chapter: 7
          Filing Date: 04/29/08

          Burgess, Robert C.
          Burgess, Jessica L.
          250 Beacon St.
          Athol, MA 01331
          Chapter: 7
          Filing Date: 04/30/08

          Caron, Jason A.
          a/k/a Caron, Carisa A.
          15 Massachusetts Ave., Apt. 2
          Chicopee, MA 01013
          Chapter: 7
          Filing Date: 04/27/08

          Carreiro, Nancy-Lee
          190 Senator St.
          Springfield, MA 01129
          Chapter: 7
          Filing Date: 04/28/08

          Clayton, Margaret A.
          17 South Road
          Sturbridge, MA 01566
          Chapter: 13
          Filing Date: 04/21/08

          Coleman, Allen D.
          Coleman, Theresa A.
          a/k/a Nicoletti, Theresa A.
          53 Congress St.
          Orange, MA 01364
          Chapter: 7
          Filing Date: 04/30/08

          Demarey, Richard M.
          Demarey, Alyson M.
          11B Catherine Dr.
          Belchertown, MA 01007
          Chapter: 7
          Filing Date: 04/16/08

          Dembroski, Lillian C.
          15 Verge St.
          Springfield, MA 01129
          Chapter: 7
          Filing Date: 04/21/08

          Dixe, Michael A.
          Dixe, Jillian L.
          17 Hartford St.
          South Hadley, MA 01075
          Chapter: 13
          Filing Date: 04/22/08

          Egan, Shaun P.
          82 Olea St., 3rd Fl.
          Chicopee, MA 01020
          Chapter: 7
          Filing Date: 04/18/08

          Ellis, David N.
          Ellis, Regina B.
          807 Converse St.
          Longmeadow, MA 01106
          Chapter: 7
          Filing Date: 04/20/08

          Fanciose, Wayne A.
          1299 Wauwinet Road
          Barre, MA 01005
          Chapter: 7
          Filing Date: 04/23/08

          Figueroa, Ismael
          59 Cloran St.
          Springfield, MA 01109
          Chapter: 7
          Filing Date: 04/27/08

          Flanders, Arlene L.
          14 Mattawa Circle
          Orange, MA 01364
          Chapter: 7
          Filing Date: 04/30/08

          Forgette, Gerald A.
          Forgette, Barbara
          PO Box 507
          Belchertown, MA 01007
          Chapter: 7
          Filing Date: 04/28/08

          Garcia, Yolanda
          54 Hollywood St.
          Springfield, MA 01108
          Chapter: 7
          Filing Date: 04/17/08

          George, Christine Yvonne
          1760 Westover Road, Trailer 3
          Chicopee, MA 01020
          Chapter: 7
          Filing Date: 04/30/08

          Golemo, Christopher J.
          Golemo, Pamela A.
          a/k/a Lander, Pamela A.
          12 Cabot Court
          Springfield, MA 01104
          Chapter: 13
          Filing Date: 04/24/08

          Goodrich, Erin E.
          104 Highview Dr.
          Pittsfield, MA 01201
          Chapter: 7
          Filing Date: 04/23/08

          Granger, Arthur L.
          Granger, Danielle J.
          a/k/a Richardson, Danielle J.
          P.O. Box 781
          Southwick, MA 01077
          Chapter: 7
          Filing Date: 04/28/08

          Greenman, Stephen W.
          Greenman, Diane M.
          343 Apple Valley Road
          Ashfield, MA 01330
          Chapter: 7
          Filing Date: 04/18/08

          Harris, Jason P.
          508 Plumtree Road
          Springfield, MA 01118
          Chapter: 13
          Filing Date: 04/30/08

          Hart, David C.
          Hart, Marcine
          228 Arcadia Blvd.

          Springfield, MA 01118
          Chapter: 7
          Filing Date: 04/21/08

          Herman, Jeffrey H.
          P.O. Box 1522
          Stockbridge, MA 01262
          Chapter: 13
          Filing Date: 04/17/08

          Hernandez, Claribel
          55 West Bay Path Ter.
          Springfield, MA 01109
          Chapter: 7
          Filing Date: 04/30/08

          ICD Purchasing Services
          Cross, Robert D.
          56 Riviera Dr.
          Agawam, MA 01001
          Chapter: 7
          Filing Date: 04/16/08

          Jankowski, Paul J.
          Jankowski, Lucille A.
          36 Cheney St., Apt. 1
          Orange, MA 01364
          Chapter: 7
          Filing Date: 04/30/08

          Janssen, Alice
          138 Newell St.
          Pittsfield, MA 01201
          Chapter: 7
          Filing Date: 04/28/08

          Jen’s Keepsake Korner
          Whitman, Jennifer A.
          484 Conant Road
          Athol, MA 01331
          Chapter: 7
          Filing Date: 04/30/08

          Kelly, Carmel Gazel
          39 Hinckley St., Apt. 2
          Northampton, MA 01060
          Chapter: 7
          Filing Date: 04/22/08

          Klerowski, Lynn M.
          a/k/a Ezyk, Lynn M.
          12 Oakdale Place
          Easthampton, MA 01027
          Chapter: 7
          Filing Date: 04/24/08

          LaFleche, Joanne W.
          37 Martel Road
          Springfield, MA 01119
          Chapter: 13
          Filing Date: 04/29/08

          Lincoln, Lee S.
          211 Houghton St.
          North Adams, MA 01247
          Chapter: 7
          Filing Date: 04/22/08

           

          Liquori, Joseph Francis
          873 Springfield St. #20
          Feeding Hills, MA 01030
          Chapter: 7
          Filing Date: 04/25/08

          Macks, Robin L.
          PO Box 1624
          Northampton, MA 01061
          Chapter: 7
          Filing Date: 04/22/08

          Mercauto, Vito P.
          430 Exchange St.
          Athol, MA 01331
          Chapter: 7
          Filing Date: 04/30/08

          Miller, Jr., Paul W.
          PO Box 1091
          Westfield, MA 01086
          Chapter: 7
          Filing Date: 04/28/08

          Mirisis, Ioannis S.
          Mirisis, John
          a/k/a Mirisis, Yainni
          a/k/a Mirisis, Gwendolyn M.
          a/k/a Voci, Gwendolyn M.
          548 Broadway St.
          Chicopee, MA 01020
          Chapter: 7
          Filing Date: 04/24/08

          Montalban, Jesus
          111 Massasoit St.
          Springfield, MA 01107
          Chapter: 7
          Filing Date: 04/16/08

          Morales Cruz, Myriam
          372 Maple St., Apt. 2R
          Holyoke, MA 01040
          Chapter: 7
          Filing Date: 04/16/08

          Morey, Karen A.
          72 Amherst Road
          Pelham, MA 01002
          Chapter: 7
          Filing Date: 04/17/08

          Murphy, Sara L.
          a/k/a Nelson, Sara L.
          33 Woodland Ave
          Chciopee, MA 01020
          Chapter: 7
          Filing Date: 04/25/08

          Narreau, Ann
          462 Carew St.
          Springfield, MA 01104
          Chapter: 7
          Filing Date: 04/16/08

          Narvaez, Esther M.
          145 Oak St.
          Indian Orchard, MA 01151
          Chapter: 7
          Filing Date: 04/17/08

          Naumov, Alexander
          Naumov, Valentina
          28 Woodcock Court
          Feeding Hills, MA 01030
          Chapter: 7
          Filing Date: 04/29/08

          Nieves, Minerva
          a/k/a Luna, Minerva Nieves
          16 Lexington St., 2nd
          Springfield, MA 01107
          Chapter: 7
          Filing Date: 04/16/08

          Noyes, Gary R.
          700 Russell Road
          Westfield, MA 01085
          Chapter: 7
          Filing Date: 04/22/08

          O’Connor, Mildred A.
          80 Quarry Hill
          East Longmeadow, MA 01028
          Chapter: 7
          Filing Date: 04/24/08

          O’Donnell, William D.
          PO Box 258
          Ludlow, MA 01056
          Chapter: 7
          Filing Date: 04/18/08

          Ortolaza, Angelica M.
          27A Central St.
          Springfield, MA 01105
          Chapter: 7
          Filing Date: 04/16/08

          Pedersen, Christopher R.
          Pedersen, Jaime S.
          39 Middle St.
          Springfield, MA 01104
          Chapter: 7
          Filing Date: 04/29/08

          Pena, Ramon Isaias
          62 Sorrento St.
          Springfield, MA 01108
          Chapter: 7
          Filing Date: 04/18/08

          Ragno, Joseph S.
          2010 High St.
          Three Rivers, MA 01080
          Chapter: 7
          Filing Date: 04/24/08

          Reese, Donna M.
          184 Windsor St.
          West Springfield, MA 01089
          Chapter: 7
          Filing Date: 04/17/08

          Reynolds, Michael T.
          255 New Leonx Road
          Pittsfield, MA 01201
          Chapter: 7
          Filing Date: 04/29/08

          Richter, Jennifer G.
          18 Randall St.
          Agawam, MA 01001
          Chapter: 13
          Filing Date: 04/24/08

          Rodriguez, Lissette M.
          75 Central St., Apt. A
          Springfield, MA 01105
          Chapter: 7
          Filing Date: 04/18/08

          Romeo, Stephen A.
          Romeo, Nancy J.
          126 Lathrop St.
          South Hadley, MA 01075
          Chapter: 7
          Filing Date: 04/16/08

          Rossi, Marilyn D.
          62 Lathrop St.
          West Springfield, MA 01089
          Chapter: 7
          Filing Date: 04/30/08

          Santiago, Benito R.
          P.O. Box 70033
          Springfield, MA 01107
          Chapter: 7
          Filing Date: 04/16/08

          Schaaf, Thomas H.
          6 Corey Colonial
          Agawam, MA 01001
          Chapter: 7
          Filing Date: 04/29/08

          Shea, Michael R.
          4 Sherwood Dr.
          Granby, MA 01033
          Chapter: 13
          Filing Date: 04/21/08

          Soto, Cassyopia
          461 Ryan Road
          Florence, MA 01062
          Chapter: 7
          Filing Date: 04/24/08

          Starzyk, Margaret R.
          100 Pine St.
          Ludlow, MA 01056
          Chapter: 7
          Filing Date: 04/22/08

          Steiner, John M.
          Steiner, Laurie A.
          157 Lumae St.
          Springfield, MA 01119
          Chapter: 7
          Filing Date: 04/29/08

          Sullivan, Daniel P.
          23 Drexel St.
          Springfield, MA 01104
          Chapter: 13
          Filing Date: 04/28/08

          Swiatek, John J.
          78 Price St.
          Springfield, MA 01104
          Chapter: 7
          Filing Date: 04/23/08

          Templet, Gabriele Kat
          177 Marion St., Ext 2
          Chicopee, MA 01013
          Chapter: 7
          Filing Date: 04/22/08

          Torres, Mary L.
          19 Charbonneau Ter.
          Chicopee, MA 01013
          Chapter: 7
          Filing Date: 04/16/08

          Tosado, Eileen
          a/k/a Hubbard, Eileen
          a/k/a Tosado-Hubbard, Eileen
          202 Wrentham Road
          Springfield, MA 01119
          Chapter: 7
          Filing Date: 04/23/08

          Urhiafe, Obukohwo A.
          a/k/a Urhiafe, Olusola O.
          91 Ramblewood Dr.
          Springfield, MA 01118
          Chapter: 7
          Filing Date: 04/18/08

          Vazquez, Aileen
          73 Farnsworth St.
          Springfield, MA 01107
          Chapter: 7
          Filing Date: 04/16/08

          Whalen, Mary F.
          167 Poplar St.
          Feeding Hills, MA 01030
          Chapter: 13
          Filing Date: 04/23/08

          White, Theresa L.
          a/k/a Larouche, Theresa L.
          52 Froman St.
          Athol, MA 01331
          Chapter: 7
          Filing Date: 04/16/08

          Williams, David L.
          77 Colton Place
          Longmeadow, MA 01106
          Chapter: 7
          Filing Date: 04/30/08

          Wilson, Lynn A.
          56 Armstrong St.
          West Springfield, MA 01089
          Chapter: 7
          Filing Date: 04/24/08

          Woodard, Judith J.
          621 Station Road
          Amherst, MA 01002
          Chapter: 13
          Filing Date: 04/22/08

          Zurawski, Kathy Anne
          185 Pleasant St.
          Easthampton, MA 01027
          Chapter: 7
          Filing Date: 04/22/08

          Departments

          The following building permits were issued during the months of May and June 2008.

          AGAWAM

          Rick & JoAnne Locke
          141 Main St.
          $225,000 — Repair existing structure to include retail deli space

          Six Flags New England
          1623 Main St.
          $40,000 — Erect membrane structure for parade vehicle storage

          AMHERST

          Charles Wang
          481-485 West St.
          $19,000 — Re-roof

          Mill Valley Estates, LTD
          420 Riverglade Dr.
          $13,000 — Re-roof

          CHICOPEE

          200 Tillary LLC
          165 Front St.
          $12,000 — Alterations to second floor

          Donald Giguere
          1040 Sheridan St.
          $150,000 — Install new walls and ceiling in clean room

          Wendy’s International
          786 Memorial Dr.
          $400,000 — Renovate interior and exterior of building

          EASTHAMPTON

          Richard Boyle
          422 Main St.
          $220,000 — Construct 2,200-square-foot bank

          Immaculate Conception Parish
          33 Adams St.
          $31,000 — Exterior renovations

          EAST LONGMEADOW

          99 Restaurant
          390 North Main St.
          $91,000 — Remodel

          GREENFIELD

          Clinical and Support Options
          37 Franklin St.
          $9,600 — Interior renovations

          Edward Wierzbowski
          285-291 Main St.
          $17,500 — Minor repair and renovations to first floor

          Greenfield Church of Christ
          341 Conway St.
          $2,000 — Re-roof to be erected by volunteers

          Robar Inc.
          225-245 Mohawk Trail
          $20,000 — Repair damage from truck accident

          HOLYOKE

          Holyoke Mall Company, L.P.
          50 Holyoke St.
          $5,200 — Install two Pottery Barn awnings

          LUDLOW

          271 East LLC
          271 East St.
          $5,000 — Alterations

          NORTHAMPTON

          Bally Bunion Realty LLC
          100 Main St.
          $99,500 – Renovate second floor for office tenant

          City of Northampton
          170 Glendale Road
          $320,000 — Pour concrete pads for new flare stack

          David S. Turner
          42 Maple St.
          $6,295 — Install Carlisle roof system

          Florence Savings Bank
          176 King St.
          $25,000 — Replace siding

          Linda Corley
          525 Pleasant St.
          $75,000 — Install HVAC upgrade

          Meadow Brook Preservation Associates LP
          491 Bridge Road, Bldg 4
          $40,000 — Unit 4 reconstruct interior walls and mechanicals

          Meadow Brook Preservation Associates LP
          491 Bridge Road – Bldg 4
          $40,000 — Unit 2 reconstruct interior walls and mechanicals

          Peoples Institute
          38 Gothic St.
          $22,000 — Demolish and repair two chimneys

          Power Ten in Two LLC
          15 Conz Street
          $8,000 — Interior renovations to stairs and basement

          Smith College
          Albright House Bedford Terrace
          $227,316 — Renovate three floors of baths

           

          Smith College
          116 Elm St., Park Annex
          $711,738 — Interior renovations

          Steven Siclari
          157 Main St.
          $31,153 – Install new doors and build out

          Trident Realty Corp.
          78 Main St.
          $8,000 — Replace entrance doors

          Trident Realty Corp.
          109 Main St.
          $600,000 — Store renovation

          SOUTH HADLEY

          Chicopee Savings Bank
          32 Willimansett St.
          $930,000 — New bank construction

          Village Commons
          27 College St.
          $6,000 — Renovations

          SOUTHWICK

          Werman Enterprises
          797 College Highway
          $35,000 — Commercial building

          SPRINGFIELD

          Baystate Health Inc.
          759 Chestnut St.
          $37,000 — New roof

          Baystate Medical Center
          50 Maple St.
          $6,500 — Interior renovations

          City of Springfield
          Old First Church Court Square
          $9,700 — New roof

          Joe Bonavita
          1504A Allen St.
          $100,000 — Alteration of warehouse to daycare facility

          Smith & Wesson
          2100 Roosevelt Ave.
          $47,000 — Pre-engineered metal building

          Springfield College
          263 Alden St.
          $8,000 — Relocate existing mail cabinets

          Springfield College
          263 Alden St.
          $345,000 — Provide two new gas fired rooftop units on structural steel platform

          Springfield College
          263 Alden St.
          $580,000 — Renovate existing dorms & bathrooms

          Springfield Housing Authority
          76-78 Ralph St.
          $8,257 — Exterior renovations

          Springfield Housing Authority
          72-74 Ralph St.
          $8,257 — Exterior renovations

          Western New England College
          1215 Wilbraham Road
          $395,000 — New roof

          WESTFIELD

          Engineers Realty Corp.
          53 Southampton Road
          $75,000 — Office renovation

          Eric Meyers
          65 Franklin St.
          $62,000 — Laundromat

          Granville Rd. LLC
          78 Granville Road
          $45,000 — Renovations

          L & B Truck Service
          910 Southampton Road
          $260,000 — Addition

          Rinker Materials
          69 Neck Road
          $23,700 – Re-roof

          William Childs
          6 Old Stage Road
          $12,500 — Office renovation

          WEST SPRINGFIELD

          Morse Hospitality Concepts
          1501 Elm St.
          $2,000 — Interior renovations

          Sam Patel
          1080 Riverdale Road
          $44,000 — New roof

          Departments

          MassMutual Completes Acquisition of First Mercantile Trust Company

          SPRINGFIELD — Massachusetts Mutual Life Insurance Co. announced recently that it has completed its previously announced purchase of First Mercantile Trust Company from SunTrust Banks Inc. Headquartered in Memphis, Tenn., First Mercantile provides retirement-plan record-keeping and investment-management services throughout the U.S. With nearly $5 billion in assets under management as of Dec. 31, 2007, First Mercantile’s operations add complementary products and further scale to MassMutual’s Retirement Services Division.

          STCC Selected for Collaborative Program with Johnson Controls

          MILWAUKEE — In the midst of a national shortage of skilled building technicians, Springfield Technical Community College (STCC) has been selected by Johnson Controls Inc. (NYSE: JCI), a leader in providing smart environments, to participate in a collaborative program dedicated to attracting and recruiting the next generation of heating, ventilating, air conditioning, and refrigeration (HVACR) technicians. Through the CareerConnect program, Johnson Controls donates resources and equipment to partnering schools to simulate the work environment and enhance the program curriculum. The company’s contributions to STCC will include learning materials, instruction from industry experts, and faculty-development opportunities. The market value of the CareerConnect program to STCC is more than $10,000 over three years. In addition, Johnson Controls will team with the school through various community initiatives to increase awareness of local career opportunities available to skilled technicians. In Massachusetts alone, the total number of HVACR-related skilled trade positions will increase more than 7% by the year 2014, with 560 new job openings. Students enrolled in STCC’s HVACR Technology program are also eligible for the Johnson Controls Future Hires Program. This opportunity provides exceptional students with tuition aid and a guaranteed job with Johnson Controls upon graduation. Up to five students from STCC can be selected annually for participation. “Both current and future students will benefit from this program,” said Adrienne Smith, dean of the School of Engineering Technologies at STCC. “Current students have the opportunity to receive an employment offer with a Fortune 500 company upon graduation, and the cutting-edge learning tools will no doubt attract new students to the HVACR Technology program.” To date, STCC is one of 11 CareerConnect partnerships that Johnson Controls has established throughout North America. Colleges are evaluated based on school and program demographics including diversity statistics, curriculum and ability to modify it, geographic areas served, enrollments, placement statistics, strategies, and relationship with Johnson Controls.

          Westfield State College Campaign Spurs 25% Enrollment Increase

          WESTFIELD — Stevens Design Studio’s contribution to the Westfield State College awareness campaign was recently highlighted in the April 2008 issue of Admissions Marketing Report. A 25% increase in enrollment occurred at WSC following the launch of this campaign. The goal of the Westfield State College Awareness Campaign was to raise the profile of the college in the community at large. Stevens Design Studio strategized and conceived an awareness campaign celebrating Westfield State College alumni and the contributions they make to their local communities by highlighting the services they provide in areas of business, government, and education. The campaign’s implementation included an extensive billboard schedule, print advertising, and direct-mail brochures. Stevens Design Studio is an experienced, multi-channel marketing firm. Its services include strategic marketing, print communication, and Web development.

          Hampden Bancorp Inc. Reports Authorization of Stock-repurchase Program

          SPRINGFIELD – Hampden Bancorp Inc., the holding company for Hampden Bank, announced recently that its board of directors has authorized a stock-repurchase program for the purchase of up to 397,493 shares of the company’s common stock, or approximately 5% of its outstanding common stock. Hampden Bancorp is seeking approval under Massachusetts laws and regulations to initiate such repurchases. Any repurchases will be made through open-market purchase transactions from time to time. The amount and exact timing of any repurchases will depend on market conditions and other factors, at the discretion of management of the company, and it is intended that the stock repurchase program will complete all repurchases within 12 months after commencement. There is no assurance that Hampden Bancorp will repurchase shares during any period.

          TechCast at UMass Explores Web-based Learning Systems in Several Fields

          AMHERST — UMass Amherst’s podcast series on breakthrough discoveries by campus researchers focuses this month on OWL, an online, Web-based learning system that is helping students across the country understand chemistry and a variety of other subjects. TechCast at UMass includes interviews with the program’s developers, Peter Lillya, professor emeritus of Organic Chemistry; and David Hart, director of the Center for Educational Software Development (CESD). In addition, Lisa Lockwood from the educational publisher Cangage Learning discusses how OWL is being used in many schools thanks to a licensing agreement with the UMass Amherst Office of Commercial Ventures and Intellectual Property (CVIP). TechCast episodes are created and posted at www.umasstechcast.org, where they can be downloaded to a computer or portable audio player. Visitors to the site can also subscribe to automatically receive new episodes. OWL, short for Online Web-based Learning, was first created by computer scientists at UMass Amherst working with Chemistry faculty about 12 years ago when it became apparent that the existing online homework system used for introductory courses was out of date. The goal was to create a system that motivated students to do the homework, learn the material, and enjoy it at the same time. OWL serves more than 20 departments at UMAss Amherst, and about 20% of fall semester coursework for freshmen and sophomores is supported by OWL-based homework. The university licensed the software with Cengage, and now offers instruction to more than 100,000 college students. TechCast at UMass is produced under the direction of the Office of News and Information at UMass Amherst in conjunction with CVIP. The program host is Francesca Rheannon, an award-winning producer whose work has been heard on National Public Radio. The program is supported by a gift from UMass Amherst alumnus Lewis J Geffen. To learn more, visit umass.edu/research/cvip.

          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.

          CHICOPEE DISTRICT COURT

          Gilbert & Sons Insulation Inc. v. Maple Ridge Construction Inc.
          Allegation: Non-payment of insulation services rendered: $3,269.07
          Filed: 5-15-08

          GREENFIELD DISTRICT COURT

          Bunker Hill Insurance Company v. Cooke Construction
          Allegation: Contractor failed to protect the interior of property from water damage: $14,198.08
          Filed: 5-15-08

          HAMPDEN SUPERIOR COURT

          Consolidated Health Plans Inc. v. Regis College
          Allegation: Breach of contract and failure to pay for services rendered: $224,264
          Filed: 4-23-08

          Doralbo Velasquez and Julio Abrew v. Baystate Health Inc.
          Allegation: Medical malpractice: $2,000,000
          Filed: 4-25-08

          Little River Plaza LLC v. Manny’s TV & Appliance Inc.
          Allegation: Defendant has failed to pay sums due under a written lease agreement: $90,000+
          Filed: 4-28-08

          HAMPSHIRE SUPERIOR COURT

          Commonwealth of Massachusetts v. Presstek Inc. & SDK Realty Corp.
          Allegation: Gas cloud and chemical release at facility operated by Presstek and owned by SDK Realty. Monies owed for cost of emergency mitigation response action: $192,125.32
          Filed: 6-04-08

          Rugg Building Solutions v. Souza Building and Design, LLC
          Allegation: Non-payment of merchandise sold & delivered: $48,396.60
          Filed: 5-28-08

          HOLYOKE DISTRICT COURT

          Verizon New England Inc. v. City of Holyoke
          Allegation: Negligent performance of excavation work causing damage: $16,781.04
          Filed: 5-15-08

          NORTHAMPTON DISTRICT COURT

          E. Osterman Gas Services Inc. v. MaMa Maria
          Allegation: Non-payment of goods and services purchased on account: $4,011.33
          Filed: 5-28-08:

          E. Osterman Gas Services Inc. v. the O’Leary Company Inc.
          Allegation: Non-payment of goods and services purchased on account: $5,401.60
          Filed: 5-28-08

          Rugg Building Solutions v. W. Kulig Inc.
          Allegation: Non-payment of merchandise sold and delivered: $9,634.52
          Filed: 6-02-08

          PALMER DISTRICT COURT

          Capital One Bank USA v. Custom Computers Inc.
          Allegation: Non-payment on credit account for goods sold and delivered: $6,959.30
          Filed: 5-21-08

          SPRINGFIELD DISTRICT COURT

          Broadcast Music Inc. v. Ares Inc.
          Allegation: Claim on defaulted contract: $3,015.84
          Filed: 2-20-08

          Steven Bilodeau v. Pioneer Valley Concrete Services
          Allegation: Non-payment of wages: $5,216.60
          Filed: 2-29-08

          Clarification:

          An item in the Court Dockets from the June 9 issue of BusinessWest is in need of clarification. The suit, Carol L. and James S. Glanville v. Hu Ke Lau Restaurant, involves the establishment in Longmeadow, which is under different ownership than the facility on Memorial Drive in Chicopee.

          Departments

          Bradley J. Lucido was recently named Chief Compliance Officer of the MassMutual Financial Group in Springfield, succeeding Margaret Sperry, Senior Vice President and Chief Compliance Officer, upon her retirement on July 1 after 27 years with the company. Lucido is currently a vice president and associate general counsel responsible for all regulatory matters at MassMutual’s investment management affiliate, Babson Capital Management. He now joins MassMutual as a senior vice president with responsibility for oversight of ethics, compliance and government programs, policies, and procedures across the MassMutual Financial Group companies.

          •••••

          Adam Raczkowski of W.F. Young Inc. in East Longmeadow has been elected to serve on the Board of Directors of the Consumer Healthcare Products Assoc. He also holds the positions of Executive Vice President, COO, CFO, and General Manager.

          •••••

          PeoplesBank has named Paul E. Hillsburg as Assistant Vice President for PeoplesFinancial and Insurance Services at the bank’s South Hadley office. Hillsburg has served as a financial consultant for Infinex Financial Group and as a financial advisor for Merrill Lynch. He holds Series 7 and 66 registrations and holds an insurance license with life, health, and variable products.

          •••••

          Nadia M. Baral has been promoted to the position of Compliance Officer at Springfield-based Hampden Bank. In her new position, she will be primarily responsible for the day-to-day regulatory compliance functions.

          •••••

          The Springfield-based law firm Shatz, Schwartz and Fentin, P.C. announced the following:
          • Ann I. Weber, an attorney and shareholder with the firm, was the guest speaker at the May Estate Planning Council luncheon staged at the Colony Club in Springfield. Weber presented on the topic “Safeguarding the Castle: Can a Trust Keep the Dragon from the Gate?” Weber explored with the audience ways of protecting homes and investment properties from taxes and the cost of long-term care; and
          • Carol Cioe Klyman, attorney and shareholder with the firm who specializes in elder law, estate planning, guardianships, and probate litigation, is among the contributors to The CPA’s Guide to Long-term Care Planning, recently published by the American Institute of Certified Public Accountants and ElderLawAnswers. Klyman contributed to the book’s section on Massachusetts.

          •••••

          Stanley D. Komack, an attorney operating Record Title & Law Offices in West Springfield, has been chosen as the 2008 Affiliate Member of the Year by the Realtor Assoc. of Pioneer Valley. Komack, a member since 1972, has played an active role on a number of committees, including service as the 2008 chairman of the Affiliate-Realtor Work Group, and as a member of the Realtor of the Year Committee and the President’s Advisory Group.

          •••••

          The Associated Industries of Mass. announced that the following Western Mass. business leaders have been elected to three-year terms on AIM’s board of directors:
          • Jens Bauer, Managing Director of Interprint Inc. in Pittsfield;
          • Charles Hatch, General Manager of Packaging Corp. of America in Northampton; and
          • Jay Nesbitt, Plant Manager at Solutia Inc. in Springfield.

          •••••

          Environmental Compliance Services Inc. has named Al Les as a Senior Project Manager. His primary responsibilities include providing functional expertise in the areas of safety and health, industrial hygiene, homeland security, and environmental management. Les is a Massachusetts board-certified wastewater treatment operator.

          •••••

          Shane Bajnoci, Chief Forester and Saw Mill Manager at Cowls Land and Lumber Company in North Amherst, has received the Oustanding Management of Resources Award from the Northeastern Loggers Assoc.

          •••••

          Julia Kincade has been named Manager of Ticket Operations for the Springfield Falcons.

          •••••

          Notch Mechanical Constructors of Chicopee announced that Sharon Orr has taken over as President, and Steven Neveu, previous President, will assume the position of Vice President of Business Development. Neveu will also lead new ventures in Eastern Mass., including a new subsidiary, Energy Recovery Systems LLC.

          •••••

          The Association of Independent Colleges and Universities announced that Dr. Anthony Caprio, President of Western New England College, has been elected to serve on its executive committee of college and university presidents.

          •••••

          The Hampden District Medical Society announced the following:
          • Dr. Philip Stoddard was awarded the 2008 Senior Volunteer Physician of the Year Award. Stoddard, a past President (1981-82), was nominated for this award based on his substantial contributions performing cleft lip and palate surgery at Shriners Hospital for Children in Springfield;
          • Dr. Cyril Shea Jr., retired Orthopedic Surgeon; Dr. Alonzo Sheffield Jr., retired Gastroenterologist; Dr. John Sullivan, retired Pathologist; Dr. William Walthall Jr., retired Radiologist; and Dr. Alan Ziskind, retired Pediatrician, were awarded the 50-year Member Award;
          • Dr. Stephen A. Metz was recently named President;
          • Dr. James K. Wang, Assistant Clinical Professor, Department of Ob/Gyn, Baystate Medical Center, was named President-elect;
          • Dr. Claudia T. Martorell, an Infectious Disease physician in private practice in Springfield, was named Vice President;
          • Dr. Teresa Klich-Nowak, an internist who specializes in Rheumatology in Holyoke, was named Secretary;
          • Dr. Mark Mullan, an Internist with Cardiology & Internal Medicine in Springfield, was named Treasurer;
          • Serving as Trustee to the Mass. Medical Society Board of Trustees is Dr. Mark Sherman, a cardiothoracic, vascular surgeon in private practice in Springfield; and
          • Dr. Stephen Metz was named Alternate Trustee.

          •••••

          UMass Amherst’s School of Education announced its first-annual Awards of Distinction, given this year to nine educators from across the country who are UMass alumni, including:
          • Westfield State College President Evan S. Dobelle;
          • Mary Cowhey, recipient of the Milken National Educator Award and a Teacher at the Jackson Street School in Northampton;
          • Patricia Crosson, Professor Emeritus and Trustee of Greenfield Community College; and
          • James Mullen Jr. President of Elms College in Chicopee and soon-to-be President of Allegheny College in Pennsylvania.

          •••••

          David Hayes has joined Sports Travel & Tours as a Travel Coordinator.

          •••••

          Ken LeGendre has joined Unemployment Tax Control Associates of Springfield as Vice President of Business Development. He will be responsible for developing strategic marketing and sales plans to accommodate corporate goals for the company, which assists clients with reducing the cost and complexities of managing their unemployment compensation programs. LeGendre was previously a national sales manager for a Manhattan-based company at which he developed sales and marketing plans for executive conferences staged on cruise ships and luxury resorts.

          •••••

          Wanda Mooney, a Real Estate Sales Associate with Coldwell Banker Upton-Massamont Realtors, has been recognized as the No. 1 sales associate in Massachusetts for the highest number of closed transactions for Coldwell Banker Affiliates in 2007.

          •••••

          The Center for Human Development in Springfield announced the following awards and accomplishments of staff members:
          • Deviegene Reid has received the Mass. State Assoc. of Developmental Disabilities Providers Direct Support Professional Award for 2008 in recognition of superior performance in her work. Reid has been a House Manager for the Meadows Homes Program in West Springfield for six years.
          • Ja’Net Smith, Clinical Director for the Center for Human Development, has been recognized as one of BusinessWest’s Forty Under 40 recipients; and
          • Program Director Jim Williams will be honored as the recipient of the Robert J. Van Wart Award, which is given to an individual who has worked as a leader in a nonprofit or public human-service organization for at least five years and demonstrates leadership skills.

          Departments

          It Does Grow on Trees

          Greenfield Savings Bank’s new ATM — an unusual drive-up kiosk that is meant to transform a ho-hum banking transaction into an ‘a-ha’ experience — made its debut recently. Dubbed the GSB Money Tree, the unique ATM is housed within a 25-foot-high, Keebler-elf-styled tree trunk whose gnarly roots encase the machine. The whimsical design — something akin to a Disney attraction — is dotted with playful critters and features a large, overhanging mushroom to shelter cars beneath it. Located in Greenfield right off I-91 in the Big Y shopping plaza, the tree trunk has been in the making for two years and officially opened on June 14.


          Little Faces of Heart

          The American Heart Association’s Little Faces of Heart traveling exhibit made its way to Balise Auto Group for the month of May. Balise Toyota-Scion placed on display in its showroom the 11 poster-sized color photographs of children in Western Mass. The posters tell the story of children who have overcome heart defects and those who are ‘Heart Healthy Heroes’ in their communities. Balise Vice President Mike Balise, pictured here, enthusiastically welcomed the campaign to the West Springfield dealership.


          Rise and SHINE

          The Ludlow Area Adult Learning Center, operated by Holyoke Community College, recently awarded certificates to students from Chicopee, Ludlow, Springfield, and Wilbraham to become bilingual health care counselors for senior citizens. Through the program, called Serving the Health Care Needs of Elders (SHINE), seniors in the region with native languages other than English are gaining access to information and becoming informed and engaged health care consumers. Shown here are six graduates, with their country of origin listed first followed by the city in which they reside: from left, Sengnaly Soumphalphakdy (Laos, Springfield); Zofia Orzol (Poland, Chicopee); Serpil Durdu (Turkey, Ludlow); Amy Chan (China, Wilbraham); Seungwon Kwon (South Korea, Wilbraham); and Sandra Pereira (Dominican Republic, Springfield). Not pictured is Aldina Lavaredes (Portugal, Springfield).

          Cover Story
          CRA Locks Down Telecom Costs as It Opens New Lines of Communication

          Laura Bernstein and Bob Varady say there are three bills no one can read: the electric bill, the tax bill, and the phone bill.

          It’s the last of these that the business partners, co-owners of CRA — Cost Recovery Associates Inc., in Holyoke — chose to tackle after years of cumulative experience in the telecommunications industry.

          “We knew a lot about the phone business, and we saw a need for a service that was more beneficial to the end-user,” said Bernstein. “And where there is confusion, there is profit.”
          And that’s where CRA comes in.

          The Telecommunications Society of America estimates that U.S. businesses accrue more than $47 billion in costs due to errors in billing every year, and that’s quite a mountain that Bernstein and Varady have been working to move since 1999.

          The relationship between the two entrepreneurs began while both were sales associates for what was then known as Brooks Fiber in Springfield, later purchased by MCI, in 1998. Varady, a long-time entrepreneur, had already founded his own telecommunications business, the Telephone Group, on Dwight Street in Holyoke, but left it in the hands of his staff while he pursued sales positions in an attempt to, as he put it, “learn the nitty-gritty.”

          Bernstein put it a different way. “He was bored,” she said. “But telecom is a very difficult business to work in, and for Bob, as a business owner, to take on a sales position just to learn more was very inspiring. Everyone wanted to emulate that.”

          Conversely, Bernstein had never run a business on her own, but Varady said she stood out in her field.

          “Something just clicked,” he said. “Laura is an excellent salesperson and knows how to build and maintain relationships. After six months of working with her, I knew I wanted to go into business with her.

          “It took some convincing,” Varady added. “I asked, she passed. I told her to think about it, and then I asked again.”

          This pattern continued for a few years — the co-workers even left MCI more or less together after the company stopped its local selling operations, taking jobs with Total Communications in Connecticut. The polarized objectives of Bernstein and Varady were still there — she wanted to pay the bills and excel in her career, while he wanted to take advantage of company-sponsored workshops and training courses, and forge his own path.

          There were a few other career stops for both of them, always with Varady asking Bernstein to go into business with him, accepting a ‘no,’ waiting a few months, and trying again.

          Finally, she gave a different answer — and the first permutation of CRA, a business doing work that had really never been done before, was born.

          “We started doing audits of bills,” said Varady, “and that was a good start, but we’d fix one bill and then the next month there would be problems again. That’s when the business morphed into a more service-oriented venture.”

          The subsequent business model is unique, and essentially puts CRA behind the wheel when it comes to evaluating, disputing, and ultimately reducing the telecommunications-related expenses for a diverse set of clients, ranging from colleges and universities to financial institutions and restaurant chains. Bernstein and Varady, who represent two of a six-person staff, rely on technology, careful record-keeping, and an extensive list of contacts within provider companies and other allied fields to save their clients thousands of dollars, if not hundreds of thousands, each year.

          In this issue, BusinessWest looks at how they do it, and where these business partners want to take their venture.

          A Positive Tone

          CRA charges each client a flat fee on a monthly basis, based on the client’s monthly expenditure, its number of locations, and the complexity of the services it contracts for. Bernstein said 99% of CRA’s clients sign a three-year contract.

          At first, this multi-faceted service was a hard sell to business owners, many of whom had never even questioned the total amount due on their telecom invoices. But as the amounts on those bills soared, and companies became more bottom-line-focused, that mindset changed, said the partners.

          CRA’s current client list includes upwards of 500 different customers both regionally and nationally, and it is comprised mostly of small and mid-sized businesses. Clients with a national reach include Newbury Comics, Encharter Insurance, and Rand McNally, while locally, CRA’s clientele includes Florence Savings Bank, Human Resources Unlimited, Teddy Bear Pools, the Holyoke Chamber of Commerce, O’Connell Oil, and American International College, among others. All of these companies have forged ongoing relationships with CRA to save much-needed dollars and cents — but also some aggravation.

          Susan McEvoy, chief information officer with American International College, said her work with CRA in the past year has resulted in substantial monetary savings, but she was quick to note that the time savings have been equally important.

          “Working with the big telecom vendors can be incredibly time-consuming and often frustrating, because it is difficult to get the attention of the right people who can actually help you solve your problems,” she said. “These issues are usually compounded by layers of technical and business complexity inherent to the industry.”

          McEvoy said that, with CRA handling these issues, she’s gained valuable hours to focus more on the core aspects of her job.

          “This leaves me with more time to focus on matters where I have a great deal more expertise — and interest,” she said.

          Bernstein said this is an apt endorsement and description of what CRA strives to do — offer its collective expertise in an area that often distracts and confuses a company’s administrative team.

          “At first, I think people are a little leery about giving up control to someone else, but really that’s an illusion,” she said. “Our involvement gives them more control in the long run. We’ve gotten very good at anticipating our clients’ needs and delivering a level of service that assures them we can reduce not just costs, but mistakes, grief, and time waiting on hold.”

          It’s Got a Ring to It

          CRA works with clients through a number of steps, each designed to help businesses better understand their telecom services and, most importantly, to reduce their costs.

          Bernstein said the process begins with a blueprint: bills, customer-service records, and the findings of on-site surveys performed by CRA are compiled and cross-checked, to create a sort of snapshot of what a given company’s telecom network looks like.

          “We compare paper records with the physical site to compare what’s in writing with what’s going on at that site,” Bernstein explained, noting that it’s not uncommon to find unused lines that a client is still being charged for, or other technical glitches. “If the information doesn’t jibe, that affects cost, and errors continue because of the paper game. We want to make sure people are paying for what they’re actually getting.”

          Once that blueprint has been drafted, the company takes the next step, by rerouting a client’s telecom bills directly to CRA’s Holyoke offices. The customer’s name remains on the bill, and only the mailing address changes, but Bernstein said this step is integral in creating a comprehensive record of charges and services that both CRA and the client can access and manage.

          “We open the bill, date-stamp it, enter the information into our server, and send an E-mail to the client within 48 hours letting them know their bill has arrived,” she said. “We don’t interfere in accounting at all; that’s handled by the client. But the bill does make a pit stop here, and that’s when we audit it, identify whatever errors there may be, and fix them.”

          At this point, CRA adds or changes any necessary services — adding or removing lines, for instance — and addresses any cost- or service-related issues directly with both service and hardware providers. The firm will also meet with sales representatives on a client’s behalf, and will make technical and carrier recommendations to allow clients to streamline their operations and save money.

          “We can do that because of our relationships in the industry,” said Varady, noting that CRA is also a member of one of the largest telecom buying groups in the country, allowing the company to secure better pricing than a client could on its own. “In some cases, we have contractual relationships with phone companies where we make a commission, and we’ll make an allowance in our client’s fee in those cases so we aren’t double-dipping.

          “We do have biases,” he continued, “but that’s because we’ve learned to be biased. Some companies do better with certain services with others, and the technology moves so fast in the telecom world that some companies have gotten good in certain areas, while other companies do well in other areas. That knowledge helps us help our clients do things smarter and save money.”

          In fact, Bernstein and Varady say their clients average between a 10% and 40% savings annually in telecom costs after signing on with CRA, and many of the errors they identify and eliminate are paper- or human-based. Further, the model allows CRA to remain fluid when working with clients, shifting focus to address different needs.

          McEvoy said AIC’s relationship with CRA reflects this malleability.

          “The college originally hired CRA to help us resolve some major phone system issues resulting from miscommunications and misunderstandings in working with the big telecom vendors,” she explained. “CRA helped us get past some difficult holdups when we would have otherwise been dead in the water. Now that we’ve smoothed out some of the bigger issues, CRA is helping us to streamline our telecom spending and manage our day-to-day phone system operations.”

          Busy Signals

          As the business continues to grow, Varady said he’d like to expand the brand in some way, perhaps by creating additional CRA branches in other parts of the country, or by passing some of the partners’ knowledge on to like-minded entrepreneurs.

          “I would love to replicate this model elsewhere,” he said. “The policies, plans, and procedures we have in place have taken years to develop, and they’re proven to work.”

          Plus, CRA has few, if any, competitors conducting the same type of work, and this also bodes well for expansion.

          “We never run into anyone with a similar model; there’s no issue with competition,” said Bernstein. “We often have CFOs give us a call and say, ‘I’d love to compare your prices with your competitor, but I can’t find any.’”

          With a laugh, Bernstein added that she doesn’t think there are many people out there who want to deal with phone bills and their myriad nuances, but for her and Varady, it’s as good a fit as a receiver to its cradle.

          “I’m glad I agreed to do this, because I’ve received a tremendous education,” she said. “I’m very fortunate.”

          To that, Varady added that, for him, it’s been a wonderful ride.

          “In the beginning, Laura kept saying she couldn’t go into business — that she just couldn’t do it,” he said. “I’m glad she changed her mind.”

          Features
          Wing Memorial Hospital Opens New, $26.5 Million Building

          The new intensive care unit at Wing Memorial Hospital in Palmer, one of the departments overhauled in a just-completed, $26.5 million expansion project, will soon be equipped with something called the VISICU system.

          That’s a network that uses computer monitors to make each patient’s vital signs — among them blood pressure, oxygen saturation, and heart rate — viewable in real time by critical-care specialists at UMass Medical Center in Worcester, Wing’s parent hospital. Those same doctors can also monitor other patient information, such as current medications and recent test results.

          Proponents of such ‘telemedicine’ technology note that even the slightest change in a patient’s condition can cause potentially serious effects, and the ability to alert doctors to such changes instantly — doctors who, in turn, can immediately notify on-site staff in the Wing ICU — ensures that patients get urgent care when necessary.

          Compared to the manner in which hospital care was delivered only 10 or 20 years ago, that’s a long way for vital information to travel quickly. But Wing has come a long way in many other aspects, too, as evidenced by this week’s opening of the new, 58,000-square-foot Country Bank Pavilion on its campus.

          The addition, named for the Ware-based bank that donated $750,000 to the $26.5 million project, replaces the former operating rooms, intensive care unit, ambulatory surgery unit, and inpatient unit. The original hospital building has been renamed the Paul C. Michalski Pavilion after a former CFO at Wing who was a key player in the hospital’s previous growth, said Wing’s president and CEO, Dr. Charles E. Cavagnaro III.

          Investing in Tomorrow

          The new operating rooms will help Wing more effectively deliver general and laparoscopic surgical services including surgeries of the colon and rectum, gynecology, neurosurgery, orthopedics, ophthalmology, podiatry, urology, and ear, nose, and throat, as well as thoracic surgery and cosmetic and reconstructive procedures.

          The new medical/surgical inpatient unit features 18 private rooms and 11 semi-private units, with all beds featuring an unobstructed view out the window and the private rooms including recliners for family members to stay overnight.

          The mix of private and double rooms “makes it much easier for the staff to put people where they need to be to get the best care possible,” said Edward Noonan, chairman of Wing’s board of directors, at last week’s ribbon-cutting ceremony attended by hundreds of hospital employees, dignitaries, and local residents. “Even though the total number of rooms hasn’t changed dramatically, it extends our ability to take people into the hospital. And with telemedicine capabilities, doctors can look in on patients directly from UMass.

          “These are state-of-the-art operating rooms that no one imagined we would have here in Palmer,” Noonan added. “It’s spacious, and it’s your home when you or a loved one needs help.”

          State Sen. Stephen Brewer said the expansion is one example of the type of health care investment needed to create jobs and keep Massachusetts on the cutting edge of the industry, another being the life sciences bill recently passed by the state Legislature to provide $1 billion over 10 years for what could potentially be an $8 billion sector.

          “That’s a good economic multiplier and job creator, but more important was the person I met recently in Boston — a handsome young man in a wheelchair with Lou Gehrig’s disease.” The man had battled the disease for two years and didn’t have long to live, Brewer said. “I hung my head all the way back to my office thinking about the loss of this beautiful, talented individual. What we do for life sciences, how your tax dollars are invested for life sciences, is about alleviating the pain and suffering of your fellow citizens, and obviously we take it very seriously.”

          Likewise, any public or private investment in health care of all kinds, including Wing’s expansion, continues to benefit society, Brewer said, noting that the average life expectancy in Massachusetts, which stood at 52 a century ago, has now surpassed 78. “I think increasing life expectancy and the quality of life for our citizens happens because of the work that happens here.”

          At the same time, many of the speakers assembled for the ribbon-cutting ceremony on a rainy Monday morning spoke not just to the hospital’s technological advancements, but to a tradition of compassionate care.

          State Rep. Todd Smola, who has four living grandparents, was one of those who touched on the human side of Wing, recalling various occasions when they were admitted to the hospital. “Nobody’s more grateful to the care here than the person standing here,” the Palmer resident said. “Whenever we came to the hospital to visit my grandfather or grandmother, the doctors and nurses took the time to ask how we were doing, not just the people they were caring for.”

          State Rep. Anne Gobi noted that the hospital has made important strides in end-of-life care, including not only hospice care for the dying but bereavement counseling for families, among other services.

          Now and Then

          Wing’s expansion has cleared some space in the old, 111,400-square-foot building, and Wing administrators must still make decisions on the best use of that square footage. But at a time when Massachusetts residents are living longer, all the ceremony attendees said it’s important for Wing to remain in a growth mode.

          “At a time when community hospitals are struggling to stay open, Wing is building and growing,” said James Phaneuf, vice chairman of Wing’s board of directors, noting that the hospital employs 600 people and has benefited from its membership in the UMass Memorial Health Care system beginning in 1999. “We couldn’t have reached this point without the close support of UMass Memorial.”

          That system employs 13,000 people and treats some 3,000 to 4,000 patients per day, said John O’Brien, president and CEO of the health network. “In our system, some of the very best people we have work inside the walls of this hospital,” he said. “This has been a wonderful effort by this hospital to serve all who need help, and I am particularly thankful to this staff that does such an extraordinary job every day providing health care to everyone who comes through these doors.”

          Paul Scully, president of Country Bank, resorted to a little humor in recounting the bank’s decision to financially support the expansion project. “When I started to write a check for $750,000, my hand started to shake, but then a voice said this is the right thing to do,” he said, then turned to Cavagnaro. “Thanks, Charlie, for helping me to finish signing the check.”

          U.S. Rep. Richard Neal wasn’t able to attend the gathering, but his aide, Kevin Kennedy, promised additional federal funding for regional health care endeavors down the road.

          “The critical nature of health care in Massachusetts and all around the country is not something that I have to explain to any of you,” Kennedy said. “Looking at this magnificent structure, you deserve to be congratulated.”

          Features
          Four Simple Steps to Manage Your Boss

          Conventional business communication has been always been defined from the top down. There are limitless books, seminars, and online resources on top-down management you can access any time.

          However, this is not the case for managing up. Middle management continues to struggle to effectively influence executive management, which is crucial to business survival.

          Not only should middle managers be able to listen to the problems and challenges of their direct reports, but they should be able to influence a positive change going upward in the organization.

          Upward management may be the most important skill set to hone and own, particularity in the volatility of today’s economy. Who better to ‘have your back’ than the boss who is front of you all the time?

          The following four-step approach is chock full of nuggets that are simple, but potent. These are not about sucking up or being a ‘yes’ man or woman; rather, these are practical behaviors that require diligence, courage, and transparency. You just may find that you’d like to be managed by your direct reports in similar fashion.

          Step One: Choose Good Timing

          Part of knowing the right timing is setting expectations with your boss upfront, but if you haven’t covered this ground, or the scope of responsibility has changed for either of you, it may be time to realign. Rather than assume what seems appropriate, consider these tips when timing your connections:

          If you and your boss have travel schedules not conducive to face-to-face dialogue, simply inquire, “when can I get you on the phone for 20 minutes? I’d really like your input.”

          When you have something heavier to discuss, inform your boss about the importance of the matter. Many employees will try to connect with their boss once or twice, and when they don’t get the attention they need, they harbor resentment. While it’s frustrating, chances are your boss is buried with work like you, and availability may be at a premium. Stay on him or her, and be tactfully persistent.

          Discover the best times for your boss and yourself to speak. Designated times may end up saving time and building strong communication, fueling better results.

          Step Two: Understand How Your Boss Prefers Information

          Perhaps the most common error employees make is they deliver information in the opposite manner that their boss prefers receiving it. This does little to help their connection or personal market value.

          A month ago, I gained insight on this topic from my brother, who is a partner at a Chicago law firm. He responded, “some bosses want you to issue-spot, meaning quickly identify the issue you need input on and get to the point. Others want context and background around the subjects being addressed. We’re often accused of not listening, but it poses a challenge when you’re coming to us with the wrong approach.”

          So, how does one know what the preferred communication is with the boss? Eliminate uncertainty by asking so you can provide the highest value on a consistent basis.

          Other tips to consider:

          Be succinct and to the point. Even if your boss prefers context and background, avoid rambling on.

          State upfront why you’re coming and what you’re hoping to gain from the encounter. There’s nothing worse than explaining your situation to your boss, and after five minutes he or she interrupts and politely says, “I’m sorry, Susan, what exactly can I help you with?”

          Bring solutions to problems. Sure, you are approaching your boss for answers and feedback, but he or she wants to know you’ve thought it through. The less time they have to spend solving your problems, the more they value your contribution.

          Do your best to be clinical and emotionally controlled. Often what stands out above anything is your ability to demonstrate passion and confidence, providing you remain cool and in control. Emotional intelligence is key.

          Step Three: Align Understanding

          When wondering about the perception of his performance, my client John from New York once told me, “I really dislike the one-time annual review. I need to know how I’m doing more often so I can constantly improve.”

          When I asked him what he does about it, he replied, “every six to eight weeks, I approach my boss and ask him two questions: ‘What am I doing well?’ and ‘Where can I improve?’”

          John’s approach may be slightly more frequent than you prefer, but it’s so much better than the guessing game that comes with anxiety or fear, particularly in today’s unstable market. A different client inquired about the approach he should take to get into a business-development position with his company. I told him, “approach your boss and tell him you’d like to get into business development, and state the value you believe you can provide.” When in doubt, ask.

          Step Four: Follow Up and Live Your Word

          Few things in managing up are more demoralizing than a boss who doesn’t follow up or get back to you on issues that are important to you and seemed the same to them. This is why it’s critical to capture information in writing during the meeting so they know you’re retaining exchanged data and expect execution.

          Also, as often as possible, agree on times and dates to follow up on issues discussed so you can diplomatically hold your boss accountable.

          When your boss can rely on you, loyalty is more likely to be reciprocated. Establish trust through deadline-driven behavior and prompt response time.

          The road to success upward is one that can be gratifying and rewarding. In a time of uncertainty, it can be a path that is safe and secure. Consider these steps and remember that you are judged on your behavior, performance, and results, not on your intentions.

          Joe Takash is a keynote speaker and the CEO of performance management firm Victory Consulting, based in LaGrange Park, Ill.;www.joetakash.com

          Sections Supplements
          Why ‘Viral Marketing’ Is Catching On

          Hear word of anything ‘viral,’ and our first response is to cover our mouths and wash our hands. In the case of viral marketing, however, companies of all sizes are embracing this burgeoning advertising tactic and learning how to leverage it, and thus fostering a healthier bottom line.

          The term ‘viral marketing’ might conjure up images of haz-mat suits and facemasks, but marketing and advertising professionals say it need not be so scary.

          “One way to explain viral marketing is to step outside the commercial arena,” said Michelle van Schouwen, president of van Schouwen Associates (VSA) in Longmeadow. “It works like a rumor or an urban myth. It’s also like gossip — it spreads through the willing involvement of many people.”
          By definition, viral marketing refers to any type of marketing that propagates itself by encouraging people to pass the message on to others. This could refer to word-of-mouth or ‘tell-a-friend’ campaigns, but in today’s technology-driven world, efforts are most often carried out online and via E-mail.

          Companies looking to expose their brand or message to a large audience are turning more frequently to E-mail campaigns that will foster high pass-along rates (free gifts or offers of online activities are one way to boost the forwards), video and photo sites like YouTube or Flickr, social networking portals such as Facebook or Twitter, and to the blogosphere, hoping visitors will see something they like and send it to a friend or colleague.

          Take, for instance, Excel Dryer. Based in East Longmeadow, Excel developed and now manufactures and sells the Xcelerator hand dryer, which delivers a high-powered, and much more effective, blast of air to get the job done in restrooms across the country. It’s proven to be a successful business gambit, but also a source of wonderment for many a restroom visitor since its launch.

          van Schouwen, whose company serves as Excel’s public relations and marketing partner, said viral marketing has been particularly beneficial for the company — a surprising development for its CEO.

          “The company didn’t create the word of mouth,” she said. “The Xcelerator dryer pops up frequently on blogs, in words, and in pictures, and generates incredible enthusiasm and funny comments from users. It’s an amazing phenomenon.”

          Ill Communication

          Indeed, a search on YouTube for ‘Xcelerator hand dryer’ returns videos posted by tourists, diners in restaurants, and giddy teenagers who discovered the dryers and felt they were cool enough to film and post for millions to view.

          “This is the craziest hand dryer I’ve ever seen,” says one amateur videographer who posts under the screen name ‘Poppytoad.’ She then pans to the dryer — pausing briefly on the brand logo — before demonstrating its capabilities.

          Another poster, ‘lavalencia,’ reports from a bathroom in Mexico.

          “There’s a dryer here called the Xcelerator,” she says, again panning to that logo. “For specific reasons. Watch!”

          van Schouwen said that once VSA and Excel realized there was a groundswell of conversation happening online regarding the Xcelerator, they began tracking it more formally. The existing and continuing online presence of the product is a perfect example of how viral marketing works; it lies in wait, starts to spread, and eventually, it’s everywhere.

          “One doesn’t have to be a corporation to do this kind of marketing,” said van Schouwen. “An individual can create a huge impact if the message is compelling, and YouTube provides powerful examples of viral campaigns. There have already been several examples from the current presidential race. For better or worse, Rev. Jeremiah Wright’s sermons on race and America, when propelled forth on YouTube, drew the attention of the nation, and forced Barack Obama to address tough issues and eventually to leave his church.”

          Michelle Abdow, president of Market Mentors in West Springfield, said viral marketing can work — and, therefore, is gaining acceptance and use — because it relies on creating or identifying common ground and connecting people.

          That video of a man putting his face under the Xcelerator to puff out his cheeks? A viewer will send that only to friends he knows will be intrigued by a title such as Trey v. the Xcelerator, and therefore the audience has already been pre-qualified.

          “You can think of viral marketing as a type of marketing that spreads, not through traditional means of advertising, but by shared experiences,” said Abdow. “Viral marketing describes any strategy that encourages people to pass on a marketing message to others, which will then hopefully evoke enough emotion for the message to continue being spread, creating the potential for exponential growth in the message’s exposure and influence.”

          She added that, due to this somewhat grass-roots approach, viral marketing is also attractive because of its potential for low overhead and high returns.

          “Viral marketing can be inexpensive and can allow for high frequency,” she said, “and it’s a a growing segment for all kinds of companies. It’s also an effective tool for companies that wish to target a younger audience.”

          Hair Apparent

          While Excel’s online presence started inadvertently, other firms have used viral marketing in similar ways and very deliberately, with intriguing results.

          In 2007, for instance, multi-national corporation Unilever made headlines after it was discovered (or intentionally leaked) that a popular YouTube video of a bride having a pre-wedding, post-hair appointment meltdown was actually a staged production devised by Unilever’s marketing firm, Capital C, to promote the company’s Sunsilk line of hair care products.

          In two weeks, the video was viewed 2.8 million times; that number later rose to more than 12 million, and Sunsilk moved into a more traditional ad campaign using a tag line from the video’s title — ‘wig out.’

          David Goff, president of Goff Media in Northampton, said low-budget productions like Wig Out are proof that creating an initial murmur online is becoming the first course of action for many companies and marketing firms, which will use the viral pieces as a jumping off point for other modes of advertising.

          “Due to the growth of the Internet and E-mail forwarding between users, this type of marketing has gained tremendous acceptance as a methodology to grow a product through Internet buzz and referrals,” he explained. “Marketers have made efforts to create interesting E-mails and video files that recipients will find enjoyable or interesting to view, with the hope that these recipients will pass it along through the E-mail chain, or refer people to their Web site.”

          Viral marketing isn’t effective only through light-hearted videos and pranks, however. van Schouwen said one of the most successful viral campaigns to date was launched earlier this decade by the Internet-based E-mail service Hotmail, prompting other free E-mail sites to follow its lead.

          “In business, these E-mail sites are classic examples of successful viral marketing. Companies like Hotmail give away accounts, and include a message about ‘free Hotmail’ with every E-mail a user sends,” said van Schouwen. “The user ends up spreading the message that Hotmail offers free accounts without doing anything, and Hotmail thus continues to grow rapidly.”

          Abdow agreed that Hotmail’s tactics have become one of the hallmarks of viral marketing, largely because they were so effective and yet so simple.

          “Hotmail’s viral marketing was really when viral made its first really successful debut online,” she said. “What did Hotmail have to gain? More page views, which was a selling feature when looking for companies to advertise with Hotmail.”

          A Shot in the Arm

          Of course, like any developing marketing or branding tactic, viral marketing does have its pitfalls.

          There’s the potential for creating a bad or offensive experience for some members of an audience, for instance, or for changes or shifts to the core brand or message as a viral piece spreads through various channels (not unlike when kids play the telephone game).

          And, there’s that four-letter word for World 2.0: spam.

          “Some messages can be annoying and fill up pages with nonsense; spam is often seen as part of this type of Internet marketing,” said Abdow, noting that spam is an extreme example of some of the kinks that still need to be worked out of viral marketing. These kinks, in turn, are one reason why most companies are still a long way from relying solely on this genre to promote themselves or a service or product.

          “When you rely on word of mouth and someone has a bad experience with a company’s product or service, the experience is multiplied significantly and could have a substantial negative impact,” she said. “Viral allows for inconsistencies, and marketing initiatives need to maintain a level of consistency. It’s an inherent fault, which can spiral out of control.”

          van Schouwen agreed, and conveyed this sentiment another way: “it’s iffy,” she said of viral marketing in its current form. “For one thing, like gossip, a viral message can take on a life of its own and change meaning as it spreads. Also, it requires real creativity, and it’s difficult to determine if a campaign will take off.

          “Imitating another viral marketing campaign typically doesn’t work,” she added. “The Million Dollar Homepage sold ‘Web real estate’ at a dollar a pixel (in 2005) and paid for its creator’s college education many times over. But attempts to create similar sites have bombed.”

          Passing It Around

          But there are some measurable positives that suggest that viral marketing is going to continue to evolve. Goff said that, in addition to its use as an advertising vehicle, viral can also help companies get a better handle on their ‘CSI,’ or customer satisfaction index.

          “Viral marketing can also be viewed as traditional word-of-mouth advertising, where a happy customer refers your business to several more customers,” he said. “Many companies invest regularly in customer-service training, quality reviews, and measuring their CSI. Some large companies, like General Motors, actually bonus their franchises that score high in their CSI reports.”

          Goff went on to note that Wikipedia, the largest free-content encyclopedia online, reports that a satisfied customer tells an average of three people about a product or service he or she likes though basic word-of-mouth referrals. Through viral campaigns, however, the average individual will reach out to 11 people.

          There are other signs of progress in this arena, despite the unhealthy ring ‘viral marketing’ has to it. The first, said Abdow, is its natural fit with technology and the increasingly ubiquitous access to that technology.

          “Eventually, all companies will jump on the viral marketing bandwagon if they are not on it already, and some won’t even realize it,” she said. “In today’s day and age, we are all connected by our fingertips, through BlackBerrys, iPhones, PDAs or just regular cell phones that allow texting and Internet access. This connectivity is in itself a viral network, as it is how we share our interests with one another.”

          van Schouwen agreed that as viral marketing progresses, more companies and individuals will use it either to identify products or services they need or to introduce them to others. Traditional marketing is far from being replaced, she cautioned, but the role viral is playing in the marketplace at large is creating a new, interesting option to consider.

          “Viral marketing often works best when paired with really engaging, daring concepts,” she said. “It’s usually not a first choice for a conservative company whose strategy doesn’t involve taking unnecessary risks or chancing that a campaign will fizzle. It’s tough to guarantee that a viral marketing campaign will succeed, but many do succeed wildly.”

          That said, van Schouwen concluded with a few hopes of her own for the future of viral marketing. For one, she hopes to see savvy entrepreneurs using innovative concepts to create successful campaigns, and in general would like to see viral maintain its offbeat, risk-taking identity.

          One thing she’d love to see change, though, is the name.

          “Of course, I hope marketers will try to rename it,” she said. “Perhaps as social networking, or word-of-mouth marketing … anything that doesn’t sound like a head cold.”

          Sections Supplements
          A Long-term View Can Help Investors Secure Their Future

          A slowing economy impacts people’s daily lives in many ways, but for those with money tied up in stocks or other investment vehicles, market turmoil can seem like a threat to their future, too. But most analysts say that keeping one’s eye on long-term investment goals is key to riding out what one local expert called the “noise” of short-term fluctuations.

          Paul Valickus recalled a pool employees used to conduct at St. Germain Investment Management.

          “Everyone would throw in a quarter in the morning, and to win you had to get within 10 or 15 points of the Dow at the end of the day,” said Valickus, president of the Springfield-based investment firm. “Do you think the experts won that pool? No, the receptionist won it the most. There’s no sense to it.”
          The lesson from that game is that investment markets are uncertain and highly volatile beasts in the short term — but that those who make smart decisions over time will be rewarded.

          “My crystal ball is very blurry over the next six months, but that’s when people want to know what’s going to happen,” Valickus said. “Over the next six months, I don’t have a clue. But I do know that, over the next five to 10 years, you’ll be happy you got into the stock market today. What happens in the short term is all noise.”

          Nonetheless, that noise worries investors, many of whom are counting on the financial decisions they make today carrying them through a comfortable retirement. Financial analysts who spoke with BusinessWest called that an understandable anxiety, but warned that it can be dangerous to bail on the market or make wholesale portfolio changes in response to a rocky economy.

          In other words, to borrow an oft-used metaphor from sports, investing for the future is a marathon, not a sprint. And there’s no reason to quit the race, experts say, just because the current stretch is cratered with potholes.

          “In uncertain times, we try to reaffirm with customers that the strategies we put in place to begin with are still relevant,” said Chris McCarthy, director of national sales for TD Banknorth Wealth Management Group, the investment arm of the financial-services institution.

          “When the market is fluctuating, that tends to generate dialogues with clients,” he continued. “We’re always looking to see how we can make tactical changes in clients’ portfolios, but generally speaking, we don’t see that long-term plans change.”

          Typically, McCarthy explained, that long-term strategy looks ahead five, 10, or more years, and historically, the market is virtually assured of gaining ground over any such stretch.

          “We want to help clients establish what their strategies are to achieve those long-term goals,” he said. “In the short-term management of the portfolio, we’ll always be adjusting to what the market is doing, but even when it’s more volatile than normal, you have to go back to the basics and focus on your long-term goals and building a diversified portfolio.”

          In this issue, BusinessWest examines the difference between short-term and long-term outlooks in the world of investments — and why there are plenty of opportunities to make up ground in that race toward financial security.

          Staying the Course

          Although the long-term health of the stock market is a good bet, Valickus said, many people let current conditions rattle them.

          “We, as Americans, look at Warren Buffett as the god of investing and believe his philosophy of buying something cheap and selling when it gets expensive,” he said. “The problem with most people is, even though that works, they don’t follow it.

          “In other words,” he continued, “right now, with everything going wrong, with oil prices going up, inflation rearing its ugly head, and the economy slowing, everyone is getting nervous with the markets down big over the past 12 months. But this is a time when we at St. Germain are actually looking to buy stocks on sale.”

          Valickus explained that it makes sense to take advantage of the two great emotions that come into play in the stock market: greed and fear. “What we want to do is buy stocks when everyone has the greatest fear, and we want to sell stocks when everyone is greedy and saying, ‘oh, did you see the stock market?’

          “We do very well in questionable markets; people can trust us to be conservative and cautious,” he added. “Where we do poorly is when the market goes crazy, and people don’t want to think about three to five years out, but about what’s going to happen over the next two months and how they can make a killing quickly.”

          People who are serious about a long-term growth strategy must understand that they will endure some fluctuation in value, noted Richard Duncan, president of Richard G. Duncan Financial Services in Longmeadow. The difference between making and losing money long-term, he suggested, is knowing how to spot a trend amid those daily fluctuations — or, in most cases, hiring someone adept at spotting them — and be able to objectively change course when those fluctuations harden into negative trends.

          “You and your adviser could end up being the last people to climb aboard the train before it goes bad, and if that happens, how much money are you willing to risk?” he asked.

          “You can’t get emotional; you have to make the decision based on the trends. It’s like going home and seeing a for-sale sign in front of every house on the street except the one that belongs to you and your wife. Unless you’re going to ignore those signs, you have to make some decisions — and the sensible decision would be to turn around and get a for-sale sign for the front of your house until you figure out what’s causing all this.”

          Duncan noted that there are a number of blue-chip companies that were once considered safe havens, but times have changed. “General Electric, for example, was the quintessential example of a blue-chip stock. It was trading at $56 in 2000, and it’s in the mid-$30s now.”

          That’s why he suggests working with a broker with experience in successfully analyzing the small movements that become trends, because there are fewer ‘sure things’ out there. People with a limited amount to invest, he said, need to set a loss threshold at which point they will stop the bleeding and sell.

          “If you want to buy a share in Apple, you need to tell me why you’re considering investing money in this company, and there is really only one answer: you’re expecting it to grow in value at an attractive rate of speed,” he said. But if the trends turn and cross that loss threshold, an investor must be willing to cut the stock loose, no matter how much they admire a company.

          Diversification of investments is important, but it’s a more effective buffer when the overall market is healthy, Duncan noted. “When fear and panic set in, every boat in the harbor sinks.”

          Next Big Thing

          That panic can manifest itself in different ways, Valickus noted.

          “Habits change tremendously based on what’s going on in the markets,” he said. “Two or three years ago, a lot of our clients were leaving because real estate was the place to be. Right now, it’s commodities. Ten to 15 years ago, people wondered whether the steel industry in the U.S. would survive. Now, it’s the hot place to be.

          “People want to jump on the latest trends; it’s human nature,” he continued. “When everyone wants to be in real estate, maybe it’s time to get out. When everyone wants to be in oil and commodities, you have to step back and say, ‘maybe we have a bubble here.’”

          McCarthy said asset allocation is key for any long-term investor, with a mixture of stocks, bonds, and other products spreading out the risk. But equally important is setting aside emergency savings as a buffer against everyday economic challenges, such as energy and food prices that are taking large chunks out of Americans’ discretionary spending.

          “Clearly you want to keep your cash position,” he said. “A general rule is to keep three to six months [of salary] to weather the storm. That storm could be things costing more, or it could be losing your job. When people do that, it keeps them from dipping into their longer-term savings and investments. You want to let those ride and not put yourself into a position where you’re taking money out.”

          One good thing about market uncertainty, said Valickus, is that sometimes expected bad news doesn’t pan out. “Everyone’s offering their own guess on where gasoline’s going, saying we’ll have $5 gas by the end of the summer,” he said. “But if everyone thinks gas is going to be $5 soon, it probably won’t be. The consensus may be right, but very often at the extremes, it’s wrong.”

          But he’s not betting a quarter on it. After all, nobody has a crystal ball.

          Departments

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

          AMHERST

          CampusLive Inc., 9 East Pleasant St., second floor, South Amherst 01002. Jared R. Stenquist, same. (Foreign corp; DE) Online communities for college students.

          Latinos Unidos Inc., 460 West St., Rear, Amherst 01002. Norma Maritza Lopez Strectwilk, 79 Colonial Village, Amherst 01002. Food and beverage service.

          CHICOPEE

          Change Happens Inc., 71 Mary St., Chicopee 01020. Renee Simone, same. Behavioral health and substance abuse therapy, etc.

          Sneaker Emporium Inc., 113 Wheatland Ave., Chicopee 01020. Natasha C. Perez, 142 Mill St., Apt. 19, Springfield 01108. (Nonprofit) To provide low-cost footwear to communities and individuals who cannot afford reliable footwear.

          Western Mass Shipping Inc., 282 Narragansett Blvd., Chicopee 01013. Frank C. Brooks, same. Going postal shipping store.

          EAST LONGMEADOW

          The Hindes Group, 5 Revere St., East Longmeadow 01028. Carl R. Hindes, same. Consulting, entertaining, catering, R.E.

          GREENFIELD

          Valley Mart Inc., 4 Mill St., Greenfield 01301. Muhammed Eyasin, 162 Davis St., Greenfield 01301. Convenience grocery store and lottery sales.

          HOLLAND

          AMA Construction Services Corp., 29 Lakeshore Dr., Holland 01521. Albert Gene Lavalley, III, same. Energy efficiency and construction services.

          LONGMEADOW

          Creation World Inc., 226 Franklin Road, Longmeadow 01106. Tatyana Zak, same. Apparel custom design, alterations, retail, wholesale.

          Hung Fa Inc., 795 Maple Road, Longmeadow 01106. Yungfong Yeung, 551 Washington St., Enfield, CT 06082. Xiao Ni, 809 Maple Road, Longmeadow 01106, registered agent. Food business.

          Longmeadow Youth Sports Council Inc., Community House, 735 Longmeadow St., Longmeadow 01106. John Dowd, 139 Longmeadow St., Longmeadow 01106. (Nonprofit) To create and promote an organized and structured athletic program focused on girls and boys youth sports in Longmeadow, etc.

          LUDLOW

          Gowen, Trombly & Goldsmith Insurance Group Inc., 34 Chestnut St., Ludlow 01056. Gordon L. Goldsmith, 223 Chicopee St., Granby 01033. Property and casualty insurance agency.

          NORTHAMPTON

          Greenstone Partners Inc., 5 Cedar St., Unit B, Northampton 01060. Timothy Thompson, same. Importation of precious stones from Columbia into the US.

          Herrell’s Development Corp., 8 Old South St., Northampton 01060. Judith U. Herrell, 13 Ranch Ave., Easthampton 01027. To operate ice cream franchises.

          Summit Woodworks Inc., 340 Riverside Dr., Northampton 01060. Nelson Shifflett, 1114 Shelburne Falls Road, Conway 01341. Carpentry and woodworking.

          ORANGE

          Dean’s Beans Foundation Inc., 50 R.W. Moore Ave., Orange 01364. Dean Cycon, 9 Cemetery Road, Leverett 01054. (Nonprofit) To design and fund people-centered development throughout the coffee growing countries of the world, etc.

          SOUTH HADLEY

          Airmeith Bodyworks Inc., 10 Waite Ave., South Hadley 01075. Antony T. Kelly-Niziolek, same. Massage and sale of bath and body works.

           

          FOH Inc., 769 Worthington St., Springfield 01105. Robert S. Carroll, 211 Concord Road, Longmeadow 01106. Ownership and operation of homeless shelter.

          Halsho Pizza & Grill Inc., 7 Audubon St., Springfield 01108. Halsho Amin, 47 Hutchinson St., Revere 01251, Restaurant.

          IT Advisors Inc., 57 Florence St., Springfield 01105. Darnel Ali, same. St. (Nonprofit) To provide free and low cost technical consulting services for implementation of voice over IP (VOIP).

          J&S Express Inc., 501 Berkshire Ave., Springfield 01109. Svetlana Barrios, same. General contracting.

          Labor One Enterprises Inc., 44 Maynard St., Springfield 01109. Stewart Wilkerson, same. (Nonprofit) To assist individuals in obtaining and securing gainful employment.

          Mak G Entertainment Inc., 327 Saint James Ave., Springfield 01109. Anibal Olivieri, same. (Nonprofit) Development of youth and artists in music production and design.

          Sun Roofing Construction Inc., 71 Walnut St., Springfield 01105. Richard Rousakis, 201 Monrovia St., Springfield 01104. Residential roofing.

          Two-Step Dance Studio Inc., 42 Albemarle St., Springfield 01109. Latoya Withrow, same. (Nonprofit) To help children learn how to dance for little or no cost.

          SUNDERLAND

          Emerald Island Realty Corp., 87 South Silver Lane, Sunderland 01475. Ross B. Finch, same. Real property purchase and sale and leasing.

          WESTFIELD

          A & J Grocery Inc., 40 Franklin St., Westfield 01085. Amjad Hussain Malik, same. Grocery store with gas station.

          GG’S Auto Repair Inc., 988 D Southampton Road, Westfield 01085. John R. Gagnon, 36 Old Holyoke Road, Westfield 01085. Auto repair and service.

          The Hockey Project Inc., 19 Mallard Lane, Westfield 01085. Donald L. Moorhouse Jr., same. (Nonprofit) To provide opportunity for hockey competition, in local, state, national or international events at the amateur level for underprivilleged children.

          Trala Diversified Enterprises Inc., 1 West Parker Ave., Westfield 01085. Lawrence Siok, same. E-commerce, general merchandise.

          WCJ Inc., 15 Brimfield Way, Westfield 01085. Christopher Viale, same. Wholesale and retail sale of consumer products.

          WILBRAHAM

          Aljera Inc., 2589 Boston Road, Wilbraham 01095. Alexander A. Berezkin, 38 Souie Road, Wilbraham 01095. Hold real estate.

          Belas Inc., 2589 Boston Road, Wilbraham 01095. Alexander A. Berezkin, 29 Soule Road, Wilbraham 01095. Bar/restaurant.

          Western Massachusetts House of Hope Inc., 7 Bellows Road, Wilbraham 01095. George Charles Collins, same. (Nonprofit) To provide substance free housing and life skills training for individuals seeking recovery from substance abuse.

          Wings of Love Inc., 348 Stony Hill Road, Wilbraham 01095. Rev. Brian Glen Tracy, 41 West Colonial Road, Wilbraham 01095. (Nonprofit) To provide charitable and educational services to those in need in Springfield and area communities.

          WEST SPRINGFIELD

          Gengras Motors Inc., 1712 Riverdale St., West Springfield 01089. E. Clayton Gengras, Jr., 30 Braeburnie Ln., Bloomfield, CT 05002. Corporation Service Co., 84 State St., fifth floor, Boston, registered agent. Acquisition, ownership, and operation of automobile dealerships.

          Sections Supplements
          Clean-water Outreach Initiative Follows the Current to Western Mass.

          His name is Stormy. He’s a cheeky, bright yellow duck that serves as the mascot of Think Blue Massachusetts, a burgeoning environmental campaign in the Commonwealth aimed at fostering and maintaining clean water.

          Stormy is more than just a pretty face. He pens his own Think Blue newsletter called the Stormy Report, operates a Stormy Store, offers ‘Stormy Tips’ on the Think Blue Web site, and often visits community events to raise awareness of Think Blue’s message, resplendent in all of his 15-foot, inflatable glory.
          Anne Capra, senior planner with the Pioneer Valley Planning Commission and an administrator of Think Blue’s local component, Connecticut River Think Blue, is a fan.

          “Stormy’s quite a draw,” she said. “Kids love him, of course, but I think anyone who sees a giant yellow duck wants to come by and see what he’s all about.”

          Still, Stormy is just one aspect of a much larger initiative that’s making some important inroads in Western Mass. Think Blue, an environmental campaign aimed at clean water, is a brand that originated in San Diego, Calif. in the early years of this decade, as part of efforts undertaken by that city and its suburbs to battle pollution issues in their coastal water bodies. In 2006, officials from Boston caught wind of the initiative and decided to create their own Massachusetts-based version in conjunction with the Massachusetts Bay Estuary Assoc. (MBEA), with hopes of gradually extending the program’s reach across New England.

          Stormy is a part of the mission. To separate Think Blue Massachusetts from its California counterpart, MBEA charged Dwell Creative, an advertising and public relations firm in Portland, Maine that specializes in promoting environmental and cultural change, with creating a touchstone that could float easily within all types of water bodies in the northeast, including its inland rivers.

          Capra said the Connecticut River Think Blue campaign, which operates as part of the Pioneer Valley Planning Commission and is focused on communities in the Connecticut River Valley (particularly in Hampshire and Hampden counties), is the first version of Think Blue Massachusetts to be launched outside of the Greater Boston area.

          “All of our communities are connected to the Connecticut River in some way,” she said. “We see it as a common thread that ties many different towns and cities together. It’s the longest river in the U.S. east of the Mississippi, so it’s important to keep it clean, but also to understand what types of things contribute to its pollution.”

          Take Me to the River

          Capra told BusinessWest that the majority of pollutants reach rivers, lakes, ponds, and coastal areas through storm-water runoff, leaving behind deposits of a variety of substances, ranging from chemical fertilizers to automotive oil to pet waste. She said the federal Clean Water Act of 1972, which set in motion a number of regulatory and remedial mechanisms to improve the nation’s overall water quality, addressed many additional issues over time, but storm-water pollution remains a problem for many communities.

          “The EPA passed the Clean Water Act to better regulate discharge of pollutants in our waters,” said Capra, “but the waters that are still polluted are so because of storm-water drainage. Massachusetts in particular has a big problem with this.”

          Think Blue has become a good fit for the environmental issues of the Commonwealth in general for this reason, but it’s also well-suited for the PVPC, which added Think Blue to an existing suite of clean-water programs by joining the Massachusetts coalition in 2007.

          The Connecticut River Cleanup Committee (CRCC), for instance, was founded in 1993 to address combined sewer overflows into the river.

          Representatives from five local communities — Springfield, Ludlow, Holyoke, Chicopee, and South Hadley — work in tandem with the PVPC to identify funding sources for all of the municipalities, as well as to plan cooperative cleanup activities. These efforts are mandated in all five communities by the EPA, which monitors negative water impacts along the Connecticut River in addition to other rivers across the country.

          Similarly, the CRCC’s Stormwater Subcommittee has been in place since 2003, formed in response to the National Pollutant Discharge Elimination System’s (NPDES) requirements. At this time, membership in the program, which is currently in ‘Phase II’ and centers on public education and outreach, was opened to cities and towns in Hampden and Hampshire counties to assist them in fulfilling federal mandates.

          Capra explained that Think Blue has become a perfect umbrella for these existing initiatives, creating an even more cooperative environment for participating cities and towns, as well as an effective marketing tool to add other communities to the fold.

          “Communities need to regulate and manage storm water, and they need to implement different things, including community education and awareness programs to reduce pollutants,” she said.

          While not all cities and towns are bound by these regulations, there are more than 20 in Hampden and Hampshire counties that are — those that abut the Connecticut River or larger-sized ‘hub’ communities, such as Springfield or Northampton. “Many communities in our region were already doing things, but we wanted to pool our resources and make a more regional campaign that could have a greater impact.”

          To date, 11 municipalities are involved with Connecticut River Think Blue. All five of the CRCC communities have signed on, and have been joined by Easthampton, Granby, Agawam, Longmeadow, West Springfield, and Westfield.

          Within these cities and towns, Connecticut River Think Blue is focused on three specific audiences with which it works to raise awareness about how daily activities affect water resources. Working with homeowners, school-aged children, and municipal offices and public officials, the campaign has a strong educational component that is meant to instruct people in how to better manage potential pollutants such as landscaping fertilizers, pet waste, and general litter — especially cigarette butts, the most littered item in the U.S., creating 176 million pounds of waste each year.

          Blue Is the New Green

          Capra said habits such as failing to remove a pet’s waste while on a walk or even washing the car in the driveway using synthetic cleaners may seem like a drop in the bucket when it comes to water pollution. But when thousands of people engage in the same activities, the problem becomes sizeable, and this, essentially, is why Think Blue exists.

          “Changing behaviors is a very difficult, complicated thing to do,” she said. “We had to think long and hard about what we were going to target — what groups of people, and which behaviors. We want to break things down and get the message across that people can take steps to improve their habits; it doesn’t need to be hard, and it doesn’t need to happen all at once. Think Blue is one way we can hold people’s hands, so to speak.”

          Capra said that, over the past year, Connecticut River Think Blue has launched a series of programs within the 11 participating communities, often as pilot programs in just one city or town that can be replicated in other areas once they’ve been tested and finalized.

          The first of these efforts is called ‘Greenscapes,’ designed to address the impact landscaping can have on surrounding bodies of water. The program is underway now in Ludlow, Agawam, and Easthampton, and is geared toward several different sectors, including single-family households and various types of businesses, such as landscapers and farms. Each municipality contributes $2,000 each year to the initiative to fund these programs, and the PVPC also works to secure grant funding from state and federal sources.

          As part of this new program in the region (it’s sponsored in part by the EPA and operates in other parts of the country in various ways), 19,000 homes received the ‘Greenscapes Guide’ this year. It offers landscaping tips to help protect water sources, composting tutorials, information on how to secure irrigation system audits, and how-tos for planting low-maintenances blooms and ‘rain gardens,’ which require little watering beyond what Mother Nature provides.

          In addition, Capra said the PVPC has also entered into a partnership with NOFA, the Northeast Organic Farming Assoc., which includes 10 participating farms in the Connecticut River Valley, to host workshops looking at similar topics throughout the spring and summer.

          Think Blue has also called upon the area’s garden centers to participate as well, both externally as a community resource (informational kiosks are now being devised) and internally, working to make their own green houses even greener, or, in this case, a little bluer.

          One such center, Randall’s Farm and Greenhouse in Ludlow, has become Greenscapes’ premier participant.

          “We’re hoping to get several garden centers involved, because it points people in the right direction when they’re trying to curb pollution in their own yards,” Capra said. “Once they learn what methods to use, they need to know which products to buy, and garden centers are where they’re going to go.”

          Bring Back That Sunny Day

          With Stormy at the helm, all of these endeavors are coupled with marketing efforts that spread the Think Blue message. Capra said the PVPC uses print, radio, television, direct mail, and point-of-sale media to get the word out, but this year, the primary thrust of Think Blue’s outreach will be community- and event-based.

          “We’re working on getting out into the communities and talking to various groups at least once a week,” Capra said, noting that these include chambers of commerce and libraries, where children are reached through games, books, and other activities. “We’re also getting out into the community at events — we’re setting up at farmer’s markets across the region, and soon, we’re going to be featured at the Big E.”

          Stormy is slated to attend the Big E along with Capra and her staff, and it’s likely that he’ll attract some new audiences. There’s just something about a bright yellow duck that makes people stop and pay attention.

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          Why Your Customers Will Never Be the Same

          ‘Let’s put it all behind us.’ These few words capture Americans’ unquenchable optimism. If there’s a roadblock, we go around it, and no hurdle is ever too high. Nothing stops us. We regroup and move on. Besides, tomorrow will be a better day.

          Without such a heritage, we would be a far lesser nation.

          Yet, there is nothing less than a sea change taking place. We have been forced to turn to Middle Eastern and Asian countries to save us from financial disaster, the same ones that have long been siphoning off millions of U.S. jobs.

          If all this isn’t enough, we are rendered impotent to do anything about rising energy costs and falling home prices. The situation is so serious that hundreds of thousands of consumers have abandoned their homes before foreclosure. On top of all that, we’ve parked our pickups and abandoned buying SUVs.

          At the supermarket, Spam sales have shot up for the first time in 40 years, while canned beans and macaroni and cheese fly off the shelves. Half the current crop of college graduates is boomeranging back home, and families are missing from family restaurants.

          Unquestionably, our country and the economy are in the midst of what may be an unprecedented upheaval that no one can escape. Incredibly, however, many in sales and marketing seem to ignore the unpleasant realities, even pretending the harsh realities don’t exist.

          But in the words of Warren Buffett, “the party’s over.”

          Rather than burying our heads in the sand, a much more productive approach is to discover the marketing and sales messages that make sense to customers in a clearly painful economic situation. Here are five essential marketing and sales themes:

          1. It’s time to stop pretending nothing has changed. It took a decade for General Motors and Ford Motor Company to finally confess that the auto-buying public wants small, fuel-efficient vehicles. They are on life support today because they couldn’t resist blaming their problems on just about everything else as they failed to see that they were the ones on the wrong road.

          There’s a huge lesson in all this. It’s not just that buying behavior has changed. There’s far more to it: those in marketing and sales often persist in the belief that it’s someone else’s customers whose buying behavior has changed. They want to believe that their customers are different.

          We want to believe that we will get over this and every other hurdle and all will once again be well. When the term ‘downsizing’ was first heard nearly 20 years ago, we said it was a temporary situation, even though there were indications that it was a permanent part of the corporate landscape.

          The point: basing marketing and sales on what we want to believe rather than reality can and will hurt us.

          2. Recognize that caution prevails. Let’s face it — there’s a serious problem when the auto repo trucks roam the nation’s suburban neighborhoods day and night, while a Mortgage Bankers Assoc. report indicates that nearly 1 in 10 American homeowners with a mortgage faced foreclosure or fell behind in their payments in the first quarter of 2008.

          Then, pile on the dramatic downsizing of the nation’s airlines, add widespread job insecurity and the fact that companies are warning employees to be alert to gas tank thefts, and there’s a flood of uncertainty and fear. To ignore this situation is a strategic mistake.

          A more beneficial approach is to create marketing strategies and sales messages that acknowledge the uncertainty and demonstrate how buying your products or using your services minimizes risk and creates greater security.

          The point: no one wants to get in too deep into anything. Offering assurance that customers will avoid getting in trouble is an appealing message.

          3. The desire to do something is strong. Whether the current ‘green revolution’ is real or a fad is irrelevant. There may be some of both. The cynics are always quick to point out that such activities as annual ‘clean up the town’ days or ‘save the something or other’ are more PR than practical. Even so, in times of crisis, people want to feel that they are doing something to help. They remember these experiences for years to come.

          It’s difficult to get our arms around global warming, and we’re impotent when it comes to doing anything about the price of oil. Yet, we want to feel that we’re helping, and the current green movement is a way to take a stand.

          During World War II, millions of Americans planted ‘Victory Gardens’ and collected scrap rubber (including millions of elastics), cans of fat, and tons of metal. All this may have helped the war effort, but it also gave Americans the opportunity to be involved.

          The point: finding ways to support and align ourselves with the ‘green revolution’ or similar movements allows consumers and companies to feel they are making a difference and that we are all in this together.

          4. Life is filled with disappointment. No matter how you look at it, Americans are being bombarded with disappointment: pensions are disappearing, and cost-of-living increases and the day one can retire are fading. Even the horizons of those largely unaffected by such experiences are changing.

          As Sandra Block of USA Today writes, “Patty Stewart of Redlands, Calif., is beginning to think she won’t be able to retire at 65. Or 67. Or possibly ever.” With the drop in her 401(k) and the equity in her home sinking fast, retirement may be an illusion.

          Since the 1950s, we have been able to gratify more desires than any people on earth, culminating in the bizarre belief that $50,000 or $60,000 annual incomes could support $400,000 and $600,000 mortgages.

          Now, disappointment prevails. Even Boomers are moving back in with their parents, and their kids are joining two generations under the same roof.

          To some extent, gratification is not just being delayed; it is disappearing.

          The point: the genius of Starbucks is immediate, low-cost gratification. It took the founder to see that the company had strayed from this path. The product is affordable, immediate gratification, a powerful message in all marketing and sales today.

          5. Get off the slam-dunk sales mentality. Selling is a tough job, but had it not been for a population that could afford the plethora of products and services produced by U.S. corporations, it would have been a thousand times more difficult.

          Companies have been able to raise quotas, cut commissions, minimize territories, and give little support to their salespeople and get away with it, primarily because most of the fruit was waiting to fall to the ground.

          That party is over, too, leaving companies unhappy with their salespeople and salespeople making excuses without really knowing what’s wrong.

          The problem was expressed by an insurance agency president when he said, “what we need is more sales,” as if there is some magical way to turn doubting, worried, cautious, reluctant customers into instant buyers. He is not alone with his ‘slam-dunk’ sales mentality.

          The point: the marketing-sales challenge today is one of identifying and cultivating specific customers with messages that speak to their perceptions and understanding of where they are in life. That takes time, time, and more time. We have left ‘getting the sale’ behind, and now we are in a period where ‘deserving the sale’ prevails.

          The only real marketing and sales challenge today is having the strength and will to take our marketing and sales direction from our customers instead of from our companies.

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          Friendly’s Has Sweet Success With New Biofuel-processing Program

          There’s something cooking in a small lab in Chicopee, at the Friendly Ice Cream Corp.’s distribution headquarters.

          But it’s not a recipe for a new sundae or Supermelt. Friendly’s has introduced something new from the fryolator — it’s creating biofuel from used vegetable oil to help power its fleet of trucks and heat its warehouses.

          Barry Bechard, distribution services supervisor for Friendly Ice Cream Corp. and one of the driving forces behind this new initiative, said the process of learning how to convert used oil into usable biodiesel began about a year ago, when many companies, especially those with large transportation and delivery components like Friendly’s, began evaluating what they could do to offset rising fuel costs.

          “It was probably a couple of years ago that people started talking about different fuels they could use,” said Bechard, “and we began hearing about the possibility of transferring our trucks over to biodiesel.”

          He said that, with the help of institutions involved with biofuel production and use — including UConn, which works with companies of various sizes to educate and help them implement the necessary systems — Friendly Ice Cream began to get a handle on what needed to be done to start using biodeisel. Moreover, Bechard said, the company realized it was already primed for the biofuel production in its own right, particularly in one key area: an abundance of the raw material needed to get started.

          “Access to the oil is what ties everything together for us,” Bechard explained. “If we didn’t have it, the program just wouldn’t be as beneficial. All of our restaurants use quite a few gallons of vegetable oil, and up until recently, it’s just been a waste byproduct that we were giving to rendering plants. But when we learned how biodiesel is made, we realized we could start making it on our own.”

          Fries, Fribbles, and the

          Fast Lane

          Last year, Friendly’s made about 5,000 gallons of biodiesel by preparing used vegetable oil for mixture with standard diesel fuel. This year, the company hopes to produce about 35,000 gallons, thus offsetting fuel usage in the majority of its trucks making deliveries throughout the Northeast. The biofuel is also being used as a heating oil additive in the company’s Wilbraham headquarters.

          Jim Dangleis, director of Northeast Distribution for Friendly Ice Cream, said the company, with its scores of restaurants and existing infrastructure that makes delivering oil for biofuel production easily implemented, was uniquely positioned to launch the program without creating an added draw on resources.

          “The key here is that we’re using used oil,” he said. “There’s been a lot of buzz about biofuel lately, but a lot of outfits are using virgin oil, which takes resources away from other things and gives biofuel production a bit of a black eye.”

          However, once the oil-reuse program was presented to Friendly’s restaurants, about 150 locations jumped on board, creating a partnership between the franchises and the parent corporation.

          “It creates a company-wide incentive,” said Dangleis. “I’m glad we started looking at biodiesel when we did, because now diesel prices are through the roof and we have something in place to help. Reducing fuel costs, in the long run, puts less of a burden on the restaurants.”

          The restaurants are welcoming the new program, he said, because, on their end, it amounts to an innovative recycling initiative that both employees and customers can get behind.

          “The process turns a waste product into a useful product,” he said. “The trucks run cleaner and quieter, and the fuel burns cleaner and more efficiently. Everyone wants to get behind something that’s green — it’s good business, and it’s good PR.”

          Room for Seconds

          The Friendly’s biofuel initiative also signals the start of a new chapter in the company’s already-colorful history. Not unlike the first Friendly’s location, opened by Prestley and Curtis Blake in Springfield in 1935, the Friendly biodiesel processing center is a modest yet carefully planned endeavor.

          “You can’t just buy these labs,” said Dangleis. “You need to actually create one, and put it together with pumps and vats and tubing. There’s a huge learning curve in setting this up and getting regulatory permission, but everybody’s behind this. We’ve received a lot of help on company, state, and federal levels.”

          Bechard agreed, noting that he’s received the support of everyone from district managers to maintenance personnel. He’s part of the endeavor’s front line, sacrificing clean shirts for oil stains, and ice cream cones for measuring cups of goo.

          “It’s not the cleanest job,” he said, “and I’m no expert, but there’s a lot to learn that is very interesting to learn.”

          Bechard alternately calls the biofuel production at Friendly a “homegrown system” or his “backyard still.” Indeed, the facility encompasses a small garage, and was built from scratch using materials found at any local home-improvement store. But the neatly arranged tanks, heaters, and other implements represent a conversion lab that is always humming.

          Employees at the distribution center had a tongue-in-cheek sign created for the garage that reads ‘Friendly Biodiesel World Headquarters,’ and while it may have started as a joke, that bright green sign is fast becoming a point of pride.

          Despite its size, the lab produces between 800 and 1,000 gallons of biodiesel a week, blending purified oil with standard diesel fuel (the mixture includes between 5% and 10% cooking oil).

          There’s only about 10 feet separating where the process begins and ends, but there’s plenty of new lingo to be learned along the way. Bechard explained that vegetable oil used in frying is delivered to restaurants for use in what are called ‘cubies.’ The biofuel program requires that the restaurants refill the cubies with used oil, and the packages are then sent back to the distribution facility for processing.

          The used oil, French fry bits and all, goes into a large trough where it’s strained, and then transferred to a ‘feeder tank’ in 42-gallon batches. Standard water heaters, just like those seen in basements across the country, are used to heat the oil to about 110 degrees, at which point various tests are performed to ensure the oil is at the right pH level — about 7, said Bechard.

          Then, the oil is transferred again into a separation tank, segregating the usable oil from unusable byproducts, and finally to a mixing tank, where air is pumped in continuously to remove excess moisture. From there, the oil is ‘splash-blended’ with diesel fuel and is ready for use in Friendly trucks.

          Two simple mason jars tell the story of how used oil becomes fuel for a fleet of tractor-trailers. One holds a sample of cloudy fry oil before distillation, and a second holds the clear, honey-colored result. Bechard said that, despite hours of straining, testing, transferring, and bubbling, the fuel actually remains edible, though few people are lining up to test that theory.

          “I think most people are just going to take our word for it on that one,”
          he said with a laugh, noting, however, that other corporations have caught wind of the biofuel production at Friendly and have approached the company looking for guidance. “It’s a new focus for a lot of people, and they’re coming to ask us questions. It’s a neat situation.”

          Biofuel for Breakfast?

          That said, Dangleis noted that Friendly’s is approaching the level of biofuel production it would like to stay at for a while, and there are no immediate plans to further expand the program. The trucks can only handle about a 10% addition of oil before the benefits start to lessen, and while he’s happy to answer the questions of other businesses, he doesn’t see biofuel ending up on any proverbial Friendly’s menu any time soon.

          “We’re still in the restaurant business,” he said, “but this has become a real team effort to make something happen that is great for our needs.”

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          How to Take Advantage of Economic Uncertainty

          As an investor, you wouldn’t buy high and sell low, would you? At least you wouldn’t do it deliberately.

          However, we all know that a common knee-jerk reaction to a down stock market is to sell at precisely the wrong time. Savvy management of your company’s marketing outreach is analogous to smart investing. That is to say, following the crowd is not the best way to make money.

          Take a time like now. The economy is a little wobbly in some segments, fine in others. Some companies are pulling into their shells, waiting for reassuring news before they spend money on outreach.

          But Not You

          When your competitors halt or substantially slow their communications efforts, the marketing clutter in your industry is reduced, making room for you to appear more prominent, and to create the impression — accurate or not — of industry leadership. Of course, this doesn’t obviate the need to invest shrewdly. You’ll want to take a fresh look at what, to whom, and through what methods and media you are communicating, so that your efforts reap the best possible results.

          Here are some things to keep in mind.

          • Purposeful, consistent messaging: decide precisely what to say, and to whom.

          Think about national politicians, if you can bear to do so for a moment.

          The best of them reiterate their message points until you could repeat them in your sleep. Your company, in its own way, should do the same. It should do so at any time, but especially when budgets may be tight, and you should begin by determining what your message points are and who needs to hear them. It sounds basic, but it requires discipline.

          Equally important to consider: with whom do you wish to speak.

          Consider your current customer base. Customers know you, they work with you — should they do more with you? Buy different products or services? Do less with competitive firms? If so, consider marketing new products, services, and opportunities to them.

          Do you know who visits your Web site and what they do there? Should the site provide more information, gather more data, or close the sale? At the same time, is there a broader audience you are not reaching at all that you should talk with now?

          Methods and Media

          Next comes the fun part. You have more options for communication than ever before, and many of them are effectively geared toward the targeted marketing you want to do now. Here are some guidelines:

          • Integrate your message. Your Web site, your public relations, your advertising, and your sales team should be communicating consistent messages, tailored to their respective audiences.

          • Make the communication two-way. Ask your customers and prospects what they want and need. If your sales or distribution team is large or geographically dispersed, you may want to ask them, too. You may have shied away from research in the past because of the expense, but now you can develop cost-effective online surveys that let you track results in real time (see vsamarketing.com/demo for survey examples). Doing this serves two purposes: you gather information you need, and you make clear that you value the input of customers and influentials in your market.

          • Keep at it. An ad in the trade show daily at this year’s biggest event may be a good idea, but a one-time placement is not a sufficient marketing program. Find a way to keep your voice out there all year long. Be consistent and frequent. Remember that advertising is not the only way to communicate. Public relations, a Web site that genuinely tells customers what they need to know to make a purchase, an educational Podcast or audio CD for customers and prospects, a speaking engagement or two, an E-newsletter, a corporate blog … these are just a few examples of ways you can keep communications strong.

          • Leverage new opportunities. Trade publications, for example, know that it is hard to sell regular ad space during any period of economic uncertainly, so they come up with new ways to work with clients. From digital editions of their publications to content-rich Web sites, you may find cost-effective new opportunities — especially if you are conducting a print advertising campaign with the same publication.

          • Track results wherever you can, but don’t obsess. Ask your marketing firm for advice. Improved Web analytics can show you specifically how your Web site is serving you. Inquiring with new customers as to how they selected you is — as ever — a great idea. Study return on investment where you can feasibly do so, whether it’s how much press your public-relations campaign yields, or how many people respond to promotional offers.

          But here’s the cold, hard truth. There will be types of outreach in which it is tough (perhaps impossible) to quantify results, but don’t throw them aside just because of that. The goodwill event you hold for customers or the speech your CEO makes to an industry panel may well be the smartest move you make all year, even if you can never prove it.

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          David Garvey

          David Garvey, left, says club members enjoy the individual attention they can receive at Snap Fitness.

          Not everyone works a 9-to-5 work schedule, David Garvey said. So why should everyone have the same scheduling options when choosing a gym?

          That’s the philosophy behind Snap Fitness 24-7, a national chain of workout centers that stay open all the time, catering to fitness enthusiasts morning, afternoon, and well into the night.

          In fact, said Garvey, who opened the Snap franchise in Holyoke six months ago, there are plenty of third-shift workers — policemen and restaurant employees, to name a few — for whom working out at 2 or 3 in the morning is nothing unusual. And while some women might be hesitant to go to a fitness club in the wee hours, he said members can wear a necklace with a device that connects with Snap’s security system and can summon police or fire responders.

          “It’s a high-profile section of Holyoke and a very safe neighborhood,” he said of the gym’s location in a small shopping plaza on Westfield Road, not far from the Holyoke Mall. “Initially, some people worry about security, but once they check us out, they tend to feel comfortable in this environment. I’ve left at 9:30 at night, and a few women are there working out, and they’re not bothered by it. Actually, it’s like their own private club.”

          Garvey said he made it a priority to choose a well-trafficked neighborhood, “rather than putting one in the middle of nowhere,” because of those security concerns. “We’ve really caught on with people in this section of Holyoke, and we continue to grow.”

          In this issue, BusinessWest examines why, in this age of massive workout centers, the benefits of a smaller, more personalized gym experience has Garvey excited — and has his members showing up at all hours.

          Perfect Fit

          Garvey, who grew up in Easthampton, has always been interested in fitness, but it took him more than a decade to turn an inspiration into a working business.

          “I’ve always been — well, I don’t want to say a gym rat, but exercise has always been an important part of my life,” he said. “I played a number of sports in high school and college, and I still play hockey, and I cycle. This was always a passion I had.”

          When his brother, who owns a couple of gyms in California, became ill in 1995, Garvey went to the West Coast for awhile to help run his facilities, and decided that was the sort of business he’d like to eventually pursue.

          Garvey’s original goal was to open a big-box fitness center in the Eastworks complex in Easthampton, but after 18 months of planning, that idea was scuttled over parking and other issues. He still wanted to be in the fitness business, but as he regrouped, he noticed a trend.

          “All of a sudden, the industry shifted, where you saw these smaller types of facilities start to get popular, and the ones with the 24/7, convenience factor,” he said. Two chains dominate the always-open market: Anytime Fitness and Snap Fitness, and Garvey decided Snap was more in line with what he was looking for, particularly the policy of no contracts to financially commit club members long-term.

          “A contract is a turnoff. I’m selling a service here,” he said. “This model doesn’t lock me in so that I say, ‘this member’s here for two years, and isn’t going anywhere’ — so I go out of my way to keep my members happy. They laugh because I’m always cleaning, but they appreciate that. They know that, after someone takes a shower, I go clean the shower. You don’t find that in many facilities.”

          As for the location, “I did my due diligence,” Garvey said. “I have a background as a commercial appraiser, and as I searched for a property, I wanted something in a mixed-use, light-retail area, not a major mall, something that would draw people from a one- to three-mile radius, who could drive, walk, or ride a bike. This is a neighborhood gym, and our membership is an indication of that, although we’re also drawing from Southampton and Easthampton.”

          Snap Fitness sees a mix of demographics, Garvey said, with a customer base that includes some high-school and college students but skews more toward professional people.

          “I have two clients, who are 76 and 78 years old,” said Mark West, the gym’s personal trainer. “Then we have college-age people and everyone in between. Generally, the we get someone for whom Curves is no longer an entry point; they’re looking for the next level, but they’re still looking for a cleaner, smaller, more personalized workout space. This is a highly personalized environment, and the place has a neighborhood feel to it.”

          West centers his workout philosophy around locating someone’s strength core and basing a program around that. He calls it ‘integrated strength training’ — looking at the body systemically and training it as an integrated system.

          “It’s an approach that’s very different from what people might be accustomed to,” he explained. “It’s not about sending someone to a machine and counting reps. A trainer has to be more focused and make diagnostic assessments. There’s a learning curve, and the exercises get steeper; it’s not something you’ll master in three sessions. It’s about working smarter, not harder, and once people figure out how to work out according to their body’s abilities, they realize their workout can be more productive.”

          Get Moving

          Snap boasts a range of weight-training and cardiovascular equipment, and all new members get an exhaustive consultation to determine what sort of fitness program would suit them best. There are no large exercise classes, but West facilitates small-group and individualized training sessions for those who want them — and like the membership itself, it’s pay as you go.

          “David understands that personal training should be the focal point of a gym,” West said. “It’s not about selling smoothies and handing out towels; it’s about caring for your membership. He sees this as an integral part of the business.”

          Garvey would like to expand to other franchise locations, but for now he’s growing steadily in Holyoke — the gym is up to 340 members now — without the constant pressure to add membership that, he said, tends to afflict larger workout chains.

          “We’re not driven by numbers, like some of the big boxes are,” he stressed. “We’re more service-oriented, and the model sells itself; my best advertising is word of mouth. It’s not for everyone, but some people are looking for something different — they want to spend an hour, do their cardio work and stretching, get in and get out without waiting in lines. They love the convenience factor, and there’s no heavy sales pitch.

          “I’m not trying to knock on the big clubs,” he insisted. “But we’re offering an alternative for people. It’s a newer model, and it’s taken some time, but it’s starting to catch on.”

          Joseph Bednar can be reached at[email protected]

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          BerkshireRides Fills a Transportation Need for the North County Workforce

          In 2002, the nonprofit transportation-assistance outfit BerkshireRides, based in North Adams, had its maiden voyage, picking up two families to take them to see their children perform at a local theater festival.

          Jana Brule, executive director of BerkshireRides, said the organization had scarcely set up shop when the mayor called with a simple request: “can you help these people?”

          “We said yes, and that was it,” said Brule. “It was a good example of the connection with the community we were trying to create, and two families got to see their children in their play. Things like that are important.”

          Since then, BerkshireRides has completed more than 200,000 rides, delivering Berkshire residents living in Adams, Cheshire, Clarksburg, Florida, North Adams, Savoy, and Williamstown to their jobs, job training, or other community-related events.

          The concept is simple: to combat transportation issues — particularly those that affect the workforce, such as bus schedules that don’t mesh with work schedules or a lack of service within certain parts of the service area — BerkshireRides offers van service to work, work-related appointments such as interviews, and training programs. In addition, the organization provides transportation to community-related meetings and events through various partnerships, and serves as a call center for residents in the Northern Berkshire area who need transportation for any reason by helping them locate a ride, either through the Berkshire Regional Transportation Authority (BRTA), or by other means.

          Brule said the idea of such a service was born from a Northern Berkshire Community Coalition forum held in 2000, at which residents cited a need for reliable transportation to get to jobs.

          From there, U.S. Rep. John Olver lent his legislative support, helping to secure federal funding. BerkshireRides was launched in 2002 as what’s known as a ‘federal demonstration project,’ designed to test a concept and, hopefully, develop a model for other communities across the country.

          The organization, which operates in association with the Transportation Assoc. of Northern Berkshire Inc., has a sister project based in Athol called Community Transit Services Inc. that is also a federal demonstration project in Olver’s district.

          Wheels in Motion

          About 80% of BerkshireRides’ funding comes from the Federal Transportation Authority. The remainder is offset by local grants from entities such as the United Way and the Berkshire Taconic Community Foundation, and by nominal fares collected from riders — $1.25 for transportation within the residential service area, and $4 to Pittsfield or the Jiminy Peak resort in Hancock.

          Brule added that, since 2002, Berkshire Rides has grown and diversified its organizational structure. The service runs 24 hours a day, seven days a week, and its two major prongs — what are dubbed ‘employment transportation’ and ‘community transportation’ — operate independently of one another, while still addressing the same needs in the region.

          “Employment rides are provided by a for-profit transportation provider that we contract with,” she explained, “and then we also have a community van pool, helped by local grant funds, for which we purchased four of our own vehicles.”

          That pool carries people to various specific activities sponsored by other nonprofits and community groups (BerkshireRides partners with 11 different groups that help screen drivers and pay some expenses), including youth programming, leadership workshops, and career-development classes. In addition, Brule said the model is flexible enough to allow for rides for other reasons, including those involving school-related functions and appointments, such as parent-teacher meetings.

          But despite the success of the program — it averages 3,100 rides a month on the employment transportation end, and an additional 250 rides a week to community events, meetings, and programming — Brule said it’s not the intention of BerkshireRides to replace any existing services in the region.

          “The mission is to remove transportation barriers, period,” she said. “We’re here to augment what’s already out there and to fill gaps, not take passengers away from other services.”

          Lines of Communication

          Further, Brule said those other services, BRTA busing included, play a strong role in BerkshireRides’ plans for the future.

          “We hope to always be able to expand, but also to advocate for good transportation,” she said. “We have a good relationship with the BRTA, and our hope is that we can help them develop new routes that are responsive to residents’ needs.”

          Brule noted that it has been several years since the BRTA made a route change, and she’s recognized a need for expanded hours and geographical reach.

          “The biggest issue is timing,” she explained. “In North County, a lot of people work in Pittsfield because it is our biggest hub. The hope is to get an express route to Pittsfield, or start buses earlier in the morning for those who need to make a 7 a.m. shift.”

          Brule said BerkshireRides will continue to work closely with the BRTA to make those “fine-tunings,” as she called them, and will also continue to offer transportation services in those areas not yet served by the bus lines.

          “We will continue to fill in those gaps; we want to be here for folks as a back-up,” Brule said, noting that the organization doesn’t do a lot of aggressive marketing, but awareness of its service continues to gradually spread through word of mouth.

          She said she and other representatives from BerkshireRides will most often have face-to-face chats with other groups and individuals in the region to spread the message, and to appeal to younger riders, the group has its own MySpace page.

          “We’re out there talking a lot,” said Brule. “When we hit our five-year mark last August, we produced our first report and mailed it to every home in our service area, so that has brought a lot of awareness.”

          And, she expects the service to continue to grow; currently, BerkshireRides adds an average of 20% more rides to its load every six months, and with the current state of gas prices, that’s expected to ramp up.

          That puts an added squeeze on BerkshireRides’ own business model, which includes vans that drive upwards of 1,200 miles a day. However, Brule said the group is taking advantage of its affiliation with the Community Transportation Assoc. of America and its newly retooled fuel-reimbursement program, and working alongside its service vendors to get them a 3-cent reimbursement on fuel costs.

          It’s a small kickback, but a big help in a larger mission — to help the workforce, assist the community, and make school-aged children feel like the star of the show as their parents applaud from the audience.

          Jaclyn Stevenson can be reached at[email protected]

          Features
          How to Survive the Mass Exodus of Boomers from the Workplace

          In 2011, the oldest of the Baby Boomers will turn 65, marking a turning point in corporate America. As the 76 million Boomers begin to leave the workforce, the U.S. will experience the most dramatic economic and demographic changes in its history. For the first time ever we are facing a mass retirement movement.

          To survive unscathed, companies must begin planning and preparing for this transition today.

          At first glance, the impending Baby Boomer exodus may seem of little concern to companies. After all, people have been retiring from the workplace for ages. However, companies need to keep in mind that the upcoming retirement years are going to be larger in scale than in any other time in our country’s history. With 76 million Boomers leaving the workforce and only 46 million Generation Xers available to take the newly vacant roles, there’s a deficit of 30 million workers. And while the Millennials (also known as Generation Y) number approximately 100 million, the oldest of them are too young and inexperienced to step into leadership roles.

          Therefore, think about your own company for a moment. How will you handle this transition? How will you groom your Generation-X workers to step into leadership roles? How are you going to transfer the 40-plus years of wisdom and experience that the Boomers possess to your younger workers? How do you plan to keep your company successful and running smoothly with a deficit of workers?

          The bottom line is that all companies need to harness the young leadership already in their company so that the Baby Boomer exodus has as little impact as possible on the organization. Use the following tips to help make the upcoming transition period a smooth one.

          1. Know what you’re up against. You need to find out as soon as possible how this mass retirement will affect your company. Get with your HR department and find out your workplace demographics. How many Baby Boomers are currently working in the company, what are their positions, and what are their anticipated retirement dates? For example, are all your middle managers positioned to retire in the next five years? Will three key machinists be leaving all at once? Will your sales department shrink by half in the next few years? You need to know what the impact will be on your company so you can start planning and be ready for the transition.

          2. Develop a knowledge-transfer strategy. Most companies have policy manuals that detail each position’s job requirements. While such a policy manual is a good start for grooming younger workers, it’s simply not enough. After all, you can only document so much of the day-to-day activities. Plus, there are subtleties of every job — things you do just because experience and knowledge points you in a certain direction. You simply can’t document those kinds of things. That’s why you need to go a step further and develop a strategy, policy, and training system for transferring the knowledge and skills of the older workers to the younger successors.

          3. Mentor the younger workers. As part of the knowledge-transfer strategy, companies need to implement some sort of mentoring program. For a company to have a successful transition, the younger generation needs to work side-by-side with the older workers for some time. You simply cannot transfer 40-plus years of knowledge and expertise overnight. Therefore, if you know that a key person is going to be retiring in three years, have that person start mentoring a younger worker now. Again, this is not something you can do during a new hire’s 90-day training period. True mentoring takes a year to accomplish at the very least. Additionally, the Generation-X workers who receive this sort of long-term mentoring will feel more valued and will be more likely to stay with the company long-term.

          4. Retain the older workers in some fashion. Realize that just because someone turns 65 doesn’t mean they want to retire that day. Many of your older workers will want to stay in the workforce in some sort of capacity, either by choice or by necessity. Since many Boomers worked hard to put kids through college or are currently taking care of aging parents, they still need to work well past age 65 just to make ends meet.

          Others are taking advantage of medical breakthroughs and, as a result, feel more active and alive than they did when they were younger. In either of these cases, your older workers may be open to staying on board on a part-time basis or as consultants. Since they often want to pursue other interests at this stage of their life, being chained down to a 9-to-5 desk job won’t appeal to them. But the more flexibility you offer, the more likely they’ll be to stick around as a resource for the company.

          5. Put a strong management team in place. For your company to get through this transitional period, you need strong management and leadership. You need someone who can empower and motivate both generations to be open-minded and learn from each other. You need a leader with expertise, not only in your industry, but also in people skills. Realize that a lot of the younger workers don’t have much patience to be side-by-side with older workers, because they believe the Boomers aren’t up-to-date on technology or know “how the world really is.”

          That’s why you need leaders in place who can help people be open to mentoring — on both the giving and receiving sides. If your company doesn’t have the right leaders on board, the bottom line will suffer. Your leaders simply must be involved to see this transitional phase through.

          A Successful Transition for All

          Because the unemployment rate is high right now due to the current economy, companies can draw from that pool of workers to help fill the gap the Boomers will be leaving. But since no one has a crystal ball that can predict the country’s economic future, no one can rely on this ‘fix’ for the long haul. That’s why planning and preparation are so needed.

          The coming years will definitely be a challenge for companies, as more people will be retiring than usual. The smart organizations will take a proactive approach and start addressing the issue now.

          Remember, transferring the knowledge and expertise of your older workers to your younger ones is not something you can do in a few days or weeks. Therefore, you need to adopt a longer-term focus than what you may be accustomed to in order to survive the impending transitional phase. By helping everyone — young and old — work together, your company can be successful and thrive in the years to come.

          Anne Houlihan is president of Satori Seal, where she tripled revenues in one year with her innovative budgeting and leadership techniques. In addition, she is founder of Elevated Leadership International, where she shares more than 25 years of hands-on corporate experience and coaching to help companies of all sizes; (951) 235-5405;www.elevatedleadership.com

          Sections Supplements
          The ‘Next Generation’ Takes the Helm at Cooley Shrair
          Peter Shrair, with Motzard.

          Peter Shrair, with Motzard.

          His name is Motzard, or ‘Motz’ for short.

          He’s a 3-year-old, 100-pound ‘gold-oodle,’ as Peter Shrair called it, meaning a cross between a golden retriever and a standard poodle. Shrair took him to work when he was very young so he could keep an eye on him, with the thought that this arrangement would just be for a few days.

          Well, Motz has come to work every day since.

          “Our people love him, clients love him … he’s just a small part of what makes this firm a little different, said Shrair, referring to Springfield-based Cooley Shrair. “Doing things differently is part of our culture, and it always will be.”

          And Shrair will now have a much larger role in defining and shaping that culture. Effective May 1, he became managing principal with the firm, succeeding his father, David, who had held that role for more than 35 years, and just the third person to hold that rank in the company’s 63-year history.

          Unlike at other firms, where one might be managing partner for a few years or maybe five, at Cooley Shrair one can have that role that for decades, said Peter Shrair, who expects that scenario for himself.

          “I equate it to football,” he explained. “You have this job until you lateral it off to someone else — and I don’t expect that I’ll be doing that for a long time.”

          All three generations of managing principals will still be working at the firm’s office on Main Street. This means both Shrairs, and also Sid Cooley, co-founder of the company with his brother, Ed, and a former District Court judge who, at age 94, still reports to work every day.

          They and fellow principals Mark Mason and Robert Damrov will plot a course for the firm, but Peter Shrair will take the lead role. He said he has no master strategy other than to simply continue to stay on the course set down by his predecessors — meaning an operating philosophy that provides clients with much more than an opportunity to pet Motz.

          That philosophy is summed up, he said, in the company’s relatively new marketing slogan: “Unparalleled Response, Unparal-leled Solutions.”

          In this issue, BusinessWest talks with the Shrairs about why they feel comfortable making that claim.

          Working Their Tails Off

          When asked about how his job description and daily routine will change now that he is former managing principal, David Shrair, now 73, was quick and to the point.

          “Not much at all,” he said, adding, “I’m not retiring … I’ll just have a little more time to work harder.”

          With this acknowledged oxymoron, the elder Shrair noted that he has passed several administrative duties on to his son, giving him more time to focus on his speciality — business law, and especially work with several area financial institutions.

          This has been the crux of the firm’s work since the Cooley brothers set up shop in downtown Springfield 1946, and it explains why the firm’s fortunes are tied tightly to the state of the economy and, more specifically, to the health of the banking community.

          During the boom times of the early and mid-’80s, for example, the firm enjoyed explosive growth, and eventually topped out at 22 lawyers. But things changed quickly when the bubble burst, especially for the banking and commercial real-estate sectors.

          “I was on vacation when I read in the Wall Street Journal that Bank of New England was in receivership,” David Shrair recalled. “I knew at that moment that we were going to have to let six lawyers go — Bank of New England was that big a client.”

          It would be several weeks before the firm actually took that step, said Peter, who joined the company in 1986, noting that the six to be laid off were given time to find other employment.

          This act of compassion speaks to the manner in which the company operates, said Peter, who noted that Cooley Shrair refers to itself as a “progressive” law firm. Elaborating, he said this is a mindset, or a family-business mentality, that manifests itself in how clients and staff members are treated.

          As for the latter, there is flexibility with schedules, accommodations made for those trying to balance life and work, and a compensation system that rewards people for results.

          “People do work long, hard hours to do what’s necessary for their clients,” said Peter Shrair. “But we do build in a lot of flexibility. Overall, it’s just an enjoyable place to work, and that’s why we have very little turnover.”

          As for clients, both Shrairs said the company is continuously looking for ways to better serve them, especially in an age when technology and modes of communication prompt expectations of service that run 24/7, not 9 to 5.

          “The firm’s culture has always been ‘service first,’ and that goes back to when I was a young lawyer in the early ’60s,” said David Shrair. “That’s because I had to make my own living — that’s the basis on which Ed and Sid Cooley hired me. They said, ‘c’mon in with us, and let’s see what you can produce.’

          “Well, young lawyers coming out of law school know absolutely nothing about the practice of law,” he continued. “So you had to go out and do something different.”

          That ‘something,’ he said, has been a sharp focus on customer service that he believes is uncommon in the industry — rare enough for him to approve the use of the word ‘unparalleled’ in marketing materials to describe response and service.

          “Most lawyers don’t think client service 24/7,” Shrair continued. “We do, because the culture here has always been service-first, service faster than anyone else can provide it, and expertise that’s equal to or better than what anyone else has.”

          This operating philosophy differentiates the firm in ways far beyond having Motz greet clients at the reception desk, said Peter Shrair, who told BusinessWest that this “attitude,” as he called it, appealed to him when he clerked at his father’s firm while attending law school in the mid-’80s. He said he considered a number of career alternatives while earning his JD, including opportunities in Boston and New York, but ultimately decided that his best option was Springfield and Cooley Shrair.

          “By the time I was midway through law school, I had pretty much made up my mind that this was where I wanted to be,” he said. “I realized that you could do sophisticated work in a small city; you didn’t have to be in Boston or New York.”

          The younger Shrair, who became a partner in 1992 and also focuses on banking-related work, takes the helm in the midst of another economic downturn, albeit one that no one is comparing to 1991, especially with regard to the banking and commercial real-estate sectors. And both the current and former managing principal believe the company’s strong track record with regard to customer service and results will help it not only ride out the storm, but thrive.

          “We’re extremely busy,” said David Shrair, banking his fist on the wooden conference table as he did so. “We’re on pace to surpass last year, and last year, we set some records.”

          Paws for Effect

          When asked about his change in responsibilities and what it will mean for him, Peter Shrair shrugged and, like his father when asked the same question, said, “not much.”

          “I’ll have the same office, the same dog … I’ll just have a little more to do,” he said, adding that he will handle the same legal workload and will have the same title on his business card: ‘Attorney at Law.’

          While the change in command is significant in that the proverbial football has been lateraled after 35 years, nothing much will change at this firm, which has known only one way to do business since the first generation of managing principal.

          George O’Brien can be reached atobrien@businesswest

          Sections Supplements
          Supporters Cheer as Legislation Moves to Senate

          The state House of Representatives voted 119-35 on May 22 to approve a bill to guarantee safe registered nurse staffing in all Massachusetts hospitals, dubbed the Patient Safety Act.

          The measure calls upon the Mass. Department of Public Health to set safe limits on nurses’ patient assignments, prohibits mandatory overtime, and includes initiatives to increase nursing faculty and nurse recruitment. If enacted into law, Massachusetts would be the only the second state in the nation to set safe staffing limits in hospitals.

          While some prominent nursing organizations, such as the Mass. Nursing Assoc. (MNA) support the bill, others, including the Mass. Hospital Assoc. (MHA), oppose it.

          “We are committed to working with all of the stakeholders — including the business community — to make reform a success,” said Lynn Nicholas, president and CEO of the MHA. “But we share the serious concerns of Massachusetts business leaders that mandated ratios would wreak havoc on health care costs, raise health insurance premiums, and could seriously threaten to derail our achievements on reform — with no improvement to patient care. As improved technology alters the manner in which we deliver health care, we cannot afford to be wed to an outdated delivery model based on ratios. We need the flexibility to deliver care for the 21st century.”

          Conversely, John McCormack, co-chair of the Coalition to Protect Massachusetts Patients, an alliance of more than 130 of the state’s leading health care and patient-advocacy groups, said the law would have a marked effect on improving patient care in the Commonwealth.

          “We applaud the House of Represent-atives for its overwhelming vote in support of the Patient Safety Act,” McCormack said. “When enacted, this law will improve the quality of care for all patients in our hospitals and save thousands of lives.”

          The proposed legislation will now move to the Senate for consideration. In May 2006, the Mass. House of Representatives passed a similar bill, the Patient Safety Act, but it was not taken up by the Senate. The current bill is co-sponsored by state Rep. Christine Canavan (D-Brockton) and state Sen. Marc Pacheco (D-Taunton).

          “The time has come to pass this law and to protect the patients of the Common-wealth,” said Canavan. “I am so pleased that my colleagues have recognized the merits of this bill. Let’s make this the year we finally reach the governor’s desk.”

          “The Mass. Nurses Association commends the House for their courageous vote to support the Patient Safety Act,” said Beth Piknick, president of the MNA. “This bill is about patient safety. We want to thank the Legislature for recognizing the need to improve patient safety for all our citizens, and we urge the Senate to vote to support the Patient Safety Act as well. Every day we wait for this bill to pass, patients are suffering and patients are needlessly dying due to lack of appropriate nursing care.”

          Among its key components, the bill:

          • directs the Mass. Department of Public Health to develop and implement staffing standards and enforceable limits on the number of hospital patients assigned to a registered nurse at any one time;
          • requires that staffing standards be developed within 12 months of the bill’s passage and be based on scientific research on nurse staffing levels, patient outcomes, expert testimony, and standards of practice for each specialty area;
          • calls for the safe staffing limits to be implemented in all teaching hospitals by 2009, with implementation in all community hospitals by 2011;
          • allows DPH to grant waivers to hospitals in financial distress;
          • provides flexibility in staffing and accounts for patients who require more care. Once established, the staffing levels will be adjusted up or down based on patients needs using a standardized, DPH-approved system for measuring patient needs;
          • aims to reduce errors caused by fatigue and overwork by prohibiting hospitals from forcing nurses into mandatory overtime, and also prevents hospital administrators from moving nurses into unfamiliar assignments without proper orientation;
          • prevents the reduction of support services, including services provided by licensed practical nurses, aides, and technicians;
          • establishes strong consumer protections for safe RN staffing, including a prominent posting of the daily RN staffing standards in each unit; and
          • establishes a number of nurse-recruitment initiatives—sought by the hospital industry and supported by the Coalition—to increase the supply of nurses by providing nursing scholarships and mentorship programs, as well as support for increases in nursing faculty to educate new nurses.
          • It also creates refresher programs to assist nurses who want to return to practice at the hospital bedside. A survey of Massachusetts nurses found that more than 65% of those not practicing in hospitals would be likely to return if a law providing safe limits was passed.   In California, where similar limits have been in place for three years, 80,000 nurses have returned to the bedside, according to the California Board of Nursing.

            To date, 130 of the state’s leading health care and patient advocacy groups have endorsed the Patient Safety Act and have joined forces to push for its passage in both the House and Senate. Recent voter surveys indicate that more than 80% of the public supports establishing safe staffing limits.

            Sections Supplements

            Berkshire County is the westernmost county in Massachusetts, and runs along the New York border, stretching from Connecticut to Vermont. The unofficial hub of the county is Pittsfield, a city of nearly 44,000 people. Other major centers of business and tourism are Great Barrington, in Southern Berkshire County; North Adams, home to the Mass MoCA and the Mass. College of Liberal Arts; Williamstown, home to Williams College; Lenox, home to Tanglewood, the summer home of the Boston Symphony Orchestra; and Stockbridge, home to the Norman Rockwell Museum.

            Tourism has always been an economic mainstay, with several ski resorts, museums, theaters, and other draws, and it has become a popular base for artisans and, more recently, some technology-based companies and special-effects houses attracted by the quality of life. In all, there are 32 communities in the county, ranging in size from Pittsfield to tiny Mount Washington, with 135 people. Other communities include Adams, Alford, Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, Hancock, Hinsdale, Lanesboro, Lee, Monterey, New Ashford, New Marlboro, Otis, Peru, Richmond, Sandisfield, Savoy, Sheffield, Tyringham, Washington, West Stockbridge, and Windsor.

            The county’s business community is served by the Chamber of Commerce of the Berkshires (www.berkshirechamber.com), and the smaller Southern Berkshire Chamber of Commerce (www.southernberkshirechamber.com) and Lenox Chamber of Commerce (www.lenox.org).

            Sections Supplements
            CDH Physician Co-authors Book Exposing the ‘Real Costs’ of End-of-life Care
            Dr. Lindsay Rockwell

            Dr. Lindsay Rockwell

            Dr. Lindsay Rockwell, a medical oncologist and hematologist at Cooley Dickinson Hospital, says society’s concept of dying has been altered by life-saving technology, and not always for the better. In a book she co-authored, Rockwell argues that the medical system has “fallen off course” by refusing to embrace the natural course of life in the name of delaying death at all costs.

            She calls it the “the medicalization of dying.”

            That’s the phrase that Dr. Lindsay Rockwell, a medical oncologist and hematologist and member of the staff at Cooley Dickinson Hospital, along with co-author Dr. Kenneth Fisher, put out for discussion in their book In Defiance of Death: Exposing the Real Costs of End-of-Life Care.

            The terminology is used by the two physicians to summarize how they believe that the medical system has “fallen off course,” as Rockwell puts it, on the matters of death, and the technology that can delay it.

            “By taking a historical look at death and how we die, we notice that technology has removed us from the natural process of dying by, in some cases, prolonging life,” Rockwell told BusinessWest, adding that this is not a recent phenomenon, per se, but it has been heightened by advances in science and medical treatment.

            Summarizing the book’s basic thesis, Rockwell said she and Fisher, a nephrology consultant for the Borgess and Bronson Hospital in Kalamazoo, Mich., contend that, in too many cases, physicians tend to equate death with failure when, in some cases, it should not be considered that.

            “We have, as a medical culture, moved away from being able to differentiate when it is time to allow the body’s natural process of death to occur and when it is appropriate to intervene — and sometimes that line becomes blurred,” she explained. “So much of our training as a physician is in keeping people alive because, well, life is good.

            “Sometimes, the appropriateness of that gets lost or obscured in the context of thinking that death is a failure because life is better,” she continued. “So much of our society views death as something to be avoided, rather than as something that can be embraced as much as any other part of life.”

            Physicians get caught up in all this, especially the notion of death as failure, she said, and thus she believes they have a large role in somehow changing this perception when it is appropriate.

            “I really don’t think doctors are bad people … I don’t think they mean to do things to make money and prolong suffering,” she explained.  “But the I think the system has so much momentum that the physician gets lost, and the physician’s ideals and priorities get lost amid the momentum of that machine.”

            Rockwell said she hopes the book, published by Praeger Publishers and now available on Amazon.com, will generate a dialogue within the medical community, but also outside it, involving the public, business leaders, government, and religious leaders.

            In this issue, BusinessWest talks with Rockwell about what prompted her book, and what impact she hopes in can make with regard to matters involving life and death.

            By the Book

            Rockwell says she took a rather circuitous route to her work as an oncologist.

            Intrigued by science and medicine, she took a job during high school as a research assistant at Memorial Sloan-Kettering Cancer Center in New York. “I was on my way to medical school, as far as I was concerned,” she said. “I was interested in doing very benchy, molecular stuff, but then I spent a month in a lab and became quite disheartened; I spent that time injecting animals with DNA samples and killing them. So I said to myself, ‘no, I don’t think this is what I want.’”

            So instead of medicine, Rockwell went into the arts, specifically work in theater in choreography, and stayed in that realm for 15 years. But then her closest cousin died of leukemia.

            “That had a huge impact on me … we grew up together,” she explained. “And that brought me back to my original dream of doing cancer work, so I decided to try again.” She attended the University of New England in Maine and its College of Osteopathic Medicine. And it wasn’t long before she identified her intended specialty — oncology.

            While in residency, Rockwell wrote several papers on the issues surrounding death and dying, and one of them was published in the Journal of Clinical Oncology. It was this piece that she took to the Harvard Physician Writers Conference a few years ago, where she met Fisher and was ultimately put with him for a larger examination of the subject.

            “We went to the conference with the intention of writing essentially the same book, only we didn’t know it,” she explained. “We were in a small writers group together, and when Prager heard about my work and then heard about his work and ideas, they said, ‘you need him and he needs you.’”

            They collaborated on In Defiance of Death: Exposing the Real Costs of End-of-Life Care, a title that really hits at their basic premise — that America’s “defiance of death,” as the authors call it, is simply too costly.

            And there are many different costs associated with defying death and extending life, she contends, noting that there are financial costs that must be borne by everyone, and, in many cases, quality-of-life issues facing those who see their lives extended by science.

            “As our technology has become so amazing, we are now more seduced by the ability of that technology to prolong life,” said Rockwell, “when in fact the life that we’re prolonging is a life without quality or a human being behind it.

            “The question is … where and how do we differentiate between prolonging life and prolonging suffering?”

            When asked about who has the ultimate responsibility for determining when death should come — meaning the physician or the patient — Rockwell acknowledged that this is a hard question, and that, ultimately, both parties have, or should have, definitive roles. And the assignment for the physician, she continued, is to inform the patient, be honest, and explain that, sometimes, death isn’t a failure or something to be defied.

            “The root of the word doctor comes from ‘teacher,’” she explained. “The physician is a resource for the truth concerning the medical condition of a patient; he or she is obliged to say what the outcome will if this choice is made, as opposed to that choice, based on one’s best estimation.

            “People always ask me, ‘how long do I have to live?’” she continued. “And the first thing I say is, ‘it’s not my charge; it’s not up to me.’”

            Turning the Page

            The book will hopefully generate what Rockwell calls “improvement” in end-of-life care, because while the present situation poses problems for the health care community and society in general, the future prompts even greater concern, as science continues to advance and the huge Baby Boom generation ages.

            “I hope this book is a catalyst for an open dialogue between the medical community, legislative leaders, and spiritual leaders,” she said. “And the discussion has to be about how we take care of people at the end of life, from a physiological, medical, and biologic perspective, from an economic perspective, and from a spiritual perspective.

            “We’re on a wheel that has its own momentum,” she continued. “In order to stop that, we need to bring some awareness to the matter of what will happen if we stay on that wheel.”

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

            Sections Supplements
            The Colonial Reinvents Itself as a Pittsfield Gem

            With a clear plan for the future and some help from its friends, the Colonial Theatre in Pittsfield staged a rebirth at the start of this decade, and today continues to grow as the Berkshires’ ‘community theater.’ The story is one of success after a long wait, and audiences are both buying tickets and taking cues from the little venue that could — and did.

            From the stage of the Colonial Theatre in Pittsfield, a performer has a clear view of nearly all of its 800 seats.

            That was one thing a local performer of some note liked about the venue. Folk hitmaker James Taylor, a Berkshire County resident, factored the intimacy and the acoustics into his decision last year to record his CD/DVD One Man Band at the theater, which is now in its second year of business following an extensive restoration and rehabilitation project.
            In the liner notes, Taylor writes, “the Colonial Theatre in my hometown of Pittsfield just managed to escape the wrecking ball. … People have invested time, money, and themselves resurrecting the old girl. And along the way, they have found a new sense of belonging: a sense of place; a place called home.”

            But the events surrounding Taylor’s rare appearance (he usually commands audiences in the thousands) are also an illustration of what’s still in store for patrons of The Colonial. A live performance? No problem. An upscale party or event? They’ve got the space and the staff to pull it off. And a screening of a film, be it a silver-screen classic or One Man Band itself? Bring on the popcorn.

            What’s more, David Fleming, executive director of the Colonial Theatre, said those offerings aren’t reserved for summer travelers by any means. Rather, he said the landmark is currently enjoying a new heyday not just as a tourist attraction in the Berkshires, but as the local community’s theater of choice.

            “The most important thing I can say about the theater today is that when we opened, there were a lot of skeptics out there who weren’t convinced we were here to serve the Berkshires,” said Fleming. “But we’ve been embraced by the community — to the point where we’re recording some of our biggest audiences in January and February.

            “That’s been the most satisfying aspect of our work,” he added. “We’re trying to continue to be responsive to people’s needs and wants, and with everything we do, we try to deliver a message of welcome.”

            Road to Restoration

            The road from renovation to fully operational venue has been a long one, noted Fleming, which nevertheless has been marked by a number of positives.

            The Colonial was a movie theater until 1952, when the owner of a paint and wallpaper store acquired the property through an auction, installing a drop ceiling and using just a portion of the space with the hope that one day, the theater could be restored to its former glory.

            That day didn’t come until this decade, but Fleming said his vision and that of the Colonial’s staff and supporters was not far off from its former owner’s.

            “We restored the theater to exactly its 1903 condition,” Fleming said of the so-called ‘gilded-age’ theater. “Some people remember when the theater was a movie house, and others only remember it as a paint store. But either way you look at it, this building has a past. Now, it has a future, too.”

            Restoration was completed in August of 2006, after a two-year period refurbishing the theater building itself and also retrofitting an adjacent building formerly used as a car dealership. Fleming said the total project cost of $21.5 million included acquisition, hard and soft construction, and design, with $1 million of that total coming from a $10 million economic development fund established for Pittsfield in the 1980s by General Electric, after the company left the region and some staggering unemployment numbers in its wake. The Colonial was the first entity to receive such a large lump sum.

            However, Fleming added that the project was identified as eligible for funds through the Save America’s Treasures federal program in 1998, and also received federal and state historic tax credits amounting to $7 million. Another $7 million was collected through government and foundation grants, and the final third of funding was raised through private contributions.

            That leaves the Colonial in good shape to move forward, with the bulk of the renovation work now completed and paid for.

            “The money to restore the building was not enough to take care of the ongoing shopping list,” he said, “and we’re going to be applying for grants for years. But our focus now is on annual support, and we’re currently operating at a rate of 60% earned revenue. Most theaters with 1,000 seats or fewer operate around 30% or 40%, so we’re ahead of the game there.”

            Fleming added that the Colonial requires about $600,000 a year to cover general operations and programming needs, and part of that amount is gleaned through membership drives that collect donations from $50 per patron well into the thousands.

            One development Fleming said he’s even more excited about, though, is the success of the venue’s sponsorship and advertising programs.

            “In the beginning, we were timid about asking people to buy ad space in our programs, on tickets, and to become sponsors,” he said. “We wanted to make sure we were targeting the right people — the businesses that could really benefit from having their name on our materials — and that we were working well with the community and their needs. But now, we can’t keep up with the requests — people are coming to us and asking for space, and that is just a fantastic feeling. They want their names tied to the Colonial because they see us as a success story.”

            Some of these advertisers and show sponsors are retail or hospitality businesses that benefit directly from the exposure, said Fleming, noting, however, that a new group of companies, larger outfits that may not have a storefront or a specific service to offer patrons, still want to be involved.

            “Some just want to be a part of what we’re doing,” he said, citing Lyon Aviation Inc., the Commonwealth’s largest private charter operator based at the Pittsfield airport, as a prime example. “This is a large, family-owned company that doesn’t stand to gain a lot of customers from having its name in our brochure, but the owners are fans, and wanted to help.”

            The New Song and Dance

            Performance-wise, the Colonial is in full swing, offering stage shows, concerts, films, and opportunities to rent the space for a variety of events, ranging from wedding receptions to community fund-raisers.

            Fleming said the theater’s first two years in operation were largely experimental, staging a wide variety of options to best gauge what kinds of performances would resonate with local audiences and best use the space.

            “Now, we’re beginning to narrow things down,” he said. “Singer-songwriters love the space for its acoustics, and theatrical comedy has been a good fit for our audiences.”

            Still, the 2008-09 schedule of performances is nothing if not diverse. It includes that singer-songwriter component (Marc Cohn, Arlo Guthrie, Kate Taylor, and Livingston Taylor) and the theatrical comedy aspect (Jewtopia, Steve Solomon’s My Sister’s an Only Child), but also presentations by Tibetan monks; the Machine, a Pink Floyd tribute band; and the National Acrobats of the China Celtic Crossroads. The theater is also equipped to show films and documentaries, and that programming is in the process of expanding.

            The Colonial’s schedule is actually broken into 10 key sections: Great Nights Out, the Singer-Songwriter Series, Just for Laughs, International Discovery, Holiday Cheer, Guest Presentations, Family Time, and Berkshire County Collaborators — performances by the Berkshire Opera Company and Pittsfield City Jazz Youth Orchestra are examples of these — round out the live performances. There’s also a film series and a Sunday opera series, at which broadcasts of performances by the internationally acclaimed La Scala Opera are shown.

            Jessie Virgilio, director of public relations and education for the Colonial, said these film offerings are a new foray for the theater and as such constitute a learning experience. But they are bringing in new visitors and more walk-in traffic.

            “Film is still relatively new for us, so our challenge now is to really sell it,” she said. “Walk-up sales aren’t something we’ve typically depended on; we’ve always been very pre-sale-oriented. Since this is a whole new animal, we’re looking at new and different ways of advertising.”

            Some of these initiatives include partnerships with local eateries to offer ‘dinner-and-a-movie’ specials — Virgilio said the theater is finalizing just such a relationship with Pittsfield favorite Patrick’s Pub. This is an example of making inroads in the community to integrate the Colonial into its landscape, both literally and figuratively, but Virgilio said there are many other projects underway aimed at the same goal.

            Setting the Stage

            “We’re really focused on education,” she said, noting that her title is one sign of that commitment. “Part of my job is to work with schools and families to create opportunities for children to expand their learning experiences.”

            The theater has already worked with upwards of 7,000 children as part of this outreach, Virgilio added, welcoming them either to special performances that fit into their classroom’s curriculum or to performing arts classes, where they can learn the ropes themselves.

            “Most of these children are from the Berkshires, but we’re pulling from Vermont and New York, too,” Virgilio said. “The education piece is a good fit for us for a few reasons. For one, many grants tend to give funds to educational efforts. Plus, I’ve learned a lot in the past two years about how small school budgets are and what teachers do to work around that. We work closely with the teachers to match their curriculum because they can’t justify taking their class to a show unless it matches a lesson.”

            That said, the International Discovery performances the Colonial hosts often blend well with world history, and a recent circus-arts performance taught some of the basics of physics.

            “We’re offering students a chance to take what they’re learning and see it played out for them on a stage,” Virgilio said. “It’s an excellent way to reinforce what they’re learning, while at the same time making theater attainable to them at a young age.”

            I Always Thought That

            I’d See You Again

            These programs all go back to that larger goal of creating a “message of welcome,” as Fleming says. This message has become an integral part of the Colonial’s overall mission to create a community theater, seen in all parts of the venue both large and small.

            “A theater becomes a people magnet, and a symbol of something people can be proud of. That alone drives property values and leads to more effective recruitment of residents, and the creation of more high-paying positions in the area,” Fleming said. “A whole chain cascades from something like a successful historical restoration of a theater downtown. Performance centers spark creativity and move themselves forward, but anything can spark the enthusiasm and open-mindedness in a community, whether it’s a facility or a person.”

            A person like James Taylor, who returned to his coffeehouse roots somewhat through his recorded performance last year, singing many of his hits and taking his time telling the stories behind them.

            “I’ve lived and worked in New York and Los Angeles, London and Paris, Sydney and Rio,” he wrote for the subsequent DVD. “But the Berkshires are home at last. And somehow the Colonial Theatre, that plucky survivor, is at the heart of the place.”

            Sections Supplements
            CISA’s Model for Locally Grown Produce is Putting Western Mass. Farms on the Map

            Helping farms introduce their products to the local marketplace is one part of CISA’s mission, but there are several other aspects of the organization’s work that place greater emphasis on integrating the community at large with the agricultural economy to help people eat healthier — and promote social change through everyday decisions.

            At a time when the world is focused on differences — be they political, religious, or just matters of taste — Phil Korman, executive director of South Deerfield-based Community Involved in Sustaining Agriculture (CISA), said his organization focuses on the one thing that we all share, and always have.

            “One thing that’s definitely true for everyone is that we all eat,” he said. “And it’s part of our core mission to make local, fresh produce a part of our community’s everyday decisions.”

            CISA has been in existence for 15 years, providing marketing support and advocacy to local farmers (or producers) and buyers across the region, as well as bolstering access within the community at large to fresh, local food.

            A largely member-driven organization, its influence is felt most predominantly in three counties of Western Mass.: Franklin, Hampden, and Hampshire. However, that reach is gradually expanding to include parts of Worcester County and some of the Berkshires.

            Several programs of CISA also bring local products to buyers in other parts of New England, further adding to its name recognition as a proponent of sustainable agriculture and buying locally, and the organization also partners with other groups across the country.

            Korman said this work is important on a number of levels. It assists the local agriculture force, one of the largest business sectors in Western Mass., and in turn gives the region’s economy a needed shot in the arm.

            But it also, says Korman, helps to preserve the area’s rural character by maintaining its farmland, creates a positive impact on the environment by promoting the purchase of fresh produce in lieu of processed, packaged foods, and adds to the overall social well-being of Western Mass. by making a strong bridge between agriculture and community.

            “The agricultural economy is so important here,” he said, “but agriculture is also important to the landscape — the vistas we see, and the food culture we have. CISA really represents the diversity of the community; there are lots of reasons why we love where we live, and this ties a lot of those reasons together.”

            A Menu of Options

            CISA has a number of programs that formalize this work to increase access to local food produced by local producers. Four separate initiatives fall under the group’s ‘business development and marketing’ arm, while two round out the ‘community access to local food’ project. CISA’s advocacy efforts are also ongoing, and factor into both community and business-related programs.

            CISA’s largest endeavor is its Be a Local Hero — Buy Locally Campaign, the longest-running such program in the country, founded in 1999. It works by promoting local farms through point-of-purchase materials, events, and advertising.

            Korman said CISA promotes agriculture in general through its marketing efforts, but noted that the Local Hero program has proven to be a particularly strong brand.

            Bolstered by the involvment of CISA’s membership, ‘Be a Local Hero’ is the country’s longest-running and most comprehensive ‘buy local’ program for farm products.

            The Local Hero campaign uses a wide array of paid advertising — print, radio, and the Web among them — to engage the public and increase support for local farmers.

            CISA’s bright yellow logo, seen everywhere from bumper stickers to bread aisles (bright yellow stickers differentiate local products from others in stores), is a key part of this multi-channel marketing effort, as well.

            “We did a study in Franklin and Hampshire counties that reported that 82% of local residents recognize the Local Hero logo,” Korman said. “And in 2006, we surveyed our producers, and 90% said that the program had a positive impact on their business. They’ve also found that if they don’t sticker all of the product going to a store for sale, the unstickered units actually move slower.”

            There’s also a training component; once an individual or business becomes a member of the program, they’re eligible to take part in workshops covering everything from financial literacy to wholesale markets.

            The success of the program has earned CISA some national attention — it collaborates frequently with other agriculture-based assistance, marketing, and advocacy organizations across the country that are looking to replicate the model in their communities. Sometimes, groups travel to Western Mass. to meet with CISA staff, and other times, CISA sends representatives to other locales. The agency has also penned a manual titled Harvesting Support for Locally Grown Food that offers a primer of sorts to any community looking to start a buy-local campaign.

            “We’re so well-established that we get contacted a lot, and we do some national consulting,” said Korman. “It’s not often that a nonprofit like us is a marketing leader. But we’re also so excited that it works as well as it does to keep us connected to the community.”

            CISA also publishes a Food Products Guide each year, in both print and on the Web, which lists all of the places CISA members produce and sell local food. In addition to a listing of farms, stores, farmers markets, and restaurants, the guide also includes a regional farm- and food-festival calendar and a ‘farm product availability chart,’ designed to further promote buying locally year-round (and keep the guide itself hanging around, too).

            “People have gotten disconnected from how and when food grows,” Korman said. “This tells them when different things are coming out, and they can find out in the guide which farms produce what.”

            Finally, CISA chooses three recipients of Local Hero awards each year as a capstone event of the program, in recognition of achievement furthering CISA’s mission and sustainable agriculture in general. The winners can be individuals or organizations, and range from farm owners to journalists to other nonprofit groups in the region.

            Margaret Christie, special projects director with CISA, said the Buy Local program was created to allow people working in agriculture — not just farmers, but farmers’ markets, restaurants, grocery stores, landscapers, garden centers, foresters, fiber producers, and others — to connect with the community more easily and effectively.

            Share Cropping

            “When we launched Buy Local, we were looking for ways everyone could work together better,” said Christie. “A lot of groups needed a buy-local campaign.”

            She added that creating Buy Local didn’t require a lot of explanation, though — they were already aware of many of the potential positives associated with sustainable agriculture, but needed a way to harness that potential, and an independent entity to organize those efforts.

            “Before we launched, we did some research, and found that people already understood that buying local helps the economy,” she said. “But they saw it as something that could be more convenient. Our mission became helping people do what they already wanted to do.”

            Today, about 170 farms participate in the program, and Buy Local foods and products can be found in a variety of stores, from farmstands to small grocers to large supermarkets, including Big Y and Stop & Shop locations. In addition, more than 30 restaurants buy ingredients from Local Hero farms.

            But beyond the Buy Local Campaign, there are several other CISA initiatives working concurrently to reconnect the community with its agricultural roots. These include farm sales to institutions such as medical centers and colleges, programs for senior citizens, and the Farm2City program that provides for deliveries of fresh farm goods to various urban centers.

            All three of these initiatives recruit members to become ‘shareholders,’ allowing businesses, organizations, and community members to buy in, essentially, and receive produce and other products during various times of the year, particularly in the summer and fall months. Farm sales to institutions, for example, provide ingredients for cafeterias and dining halls but also what amounts to exclusive farmers’ markets for employees.

            “What you’re saying when you become a shareholder is, ‘I want to help this farm be sustainable and share in the bounty,’” said Korman. “It also provides another line of capital to the farmers, helping the economy, which is on everyone’s minds these days. Thinking locally also addresses other concerns many people have today, including environmental issues.”

            Christie said Baystate Medical Center is one of the largest participants in this program; employees sign up to be members, and can purchase produce and other goods directly on-site when suppliers make seasonal visits.

            “Employees can even set up a payroll deduction plan, so the cost of their purchases is spread out over the whole year,” Christie said. “This is another good example of our range, and an assistance program that connects farms directly with the consumer, as well as creating new wholesale markets.”

            Similar to the institutional farm sales program, Senior FarmShare also serves as a membership-driven project, recruiting low-income senior citizens to become ‘shareholders’ at a farm in their local area, in order to receive a share of the produce each summer. Farms deliver food to about 340 senior centers, apartment complexes, and independent- and assisted-living facilities in the region.

            And Farm2City is an effort to raise awareness of locally grown food in urban areas; individuals can purchase shares from area farms, and farmers deliver the shares once a week from June through October to workplaces and community hubs.

            All of these programs are geared toward that larger goal of easier access for all types of individuals to locally grown food, but CISA also works directly with the agricultural sector to boost the health of their industry as a whole, too.

            The Pioneer Valley Women in Agriculture Network, for instance, sponsors activities for the growing number of women farmers in Western Mass., from seminars on how to stay healthy while farming to Web site development, Internet sales, and risk-management courses.

            So-called ‘agritourism’ events such as festivals and farm tours raise awareness of individual farms and the breadth of the products they produce — CiderDay, FiberTwist, the Garlic & Arts Festival, and the Tomato Festival are just a few events on the calendar — and, on a more serious note, CISA works to involve local farmers, retailers, and other members and supporters in its advocacy efforts on a legislative level.

            “There are so many things involved in this aspect that there’s a move here to involve farmers in the Northeast more in the discussions on a federal level,” said Korman, adding that CISA regularly holds forums for farmers and citizens to keep both groups abreast of trends on state and national levels that could affect the health of local agriculture. “Hunger is a big part of these discussions — it’s a societal issue that we’re looking to chip away at. Also, we’re constantly evaluating how we can make our farms even more sustainable, and more vibrant.”

            Fruits of Labor

            Moving forward, Christie said CISA is looking to diversify even more, conducting some additional market research and tailoring new programs to address current and developing needs.

            “We’re setting up for larger volume,” she said. “We’re interested in learning how to do more with larger outfits, for instance. Farms need to be fairly large to supply the warehouses of major supermarket chains or other entities, so we’re looking at what’s necessary to fit into these larger systems.

            “We’re also looking at consolidating product to get more food out to more people, more often, so they can make the choice to eat locally more easily throughout the year regardless of income or schedule,” Christie continued. “We’ll do a year of research to answer the questions surrounding these areas, and to determine what we can launch and when.”

            Overall, it will be a busy year for CISA for this reason and others. While planning for a new set of initiatives is underway, a series of events will also be kicking off as part of a year-long celebration of CISA’s 15th year in operation.

            It’s a busy itinerary, but Korman returned to the notion that CISA’s many programs remain bound by one, overriding constant.

            “It really is all about the fruits and veggies — and potatoes and cheese and yogurt and wool,” he said. “All of our goals are tied together because they each allow people to pair their values with the decisions they make about what they buy, and what they eat.”

            Sections Supplements
            Some Due Diligence Can Help Employers with This Daunting Task

            Massachusetts and federal law prohibits employers from discrimination on a wide variety of bases, including race, color, religious creed, national origin, sex, sexual orientation, genetic information, military status, ancestry, age, or handicap. In order for these laws to have their intended effect, employees need to pursue claims of workplace discrimination without fear of retaliation from their supervisors and employers.

            Co-workers and others must also feel free to support victims of discrimination who do come forward without fear that they, too, may be putting their jobs at risk by doing so. Our society has seen the importance of whistleblowers, and what happens when they are ignored, in situations ranging from Enron to events in movies like Erin Brockovich.

            Yet courts have expanded the concept of protection from retaliation to the point where many poorly performing employees, sensing discipline or even termination, assert weak or baseless claims of discrimination as a smokescreen in the face of a supervisor’s legitimate criticisms. Recent court decisions seem to give employees who make claims of discrimination a sort of ‘invisibility cloak’ like the one used by Harry Potter to disappear from the prying eyes of his enemies at Hogwarts.

            Employers should always address all claims of employment discrimination carefully and thoroughly, but in some cases, employers are forced to simply forego discipline or risk the near-certainty of expensive litigation.

            What Is a Retaliation Claim?

            Retaliation is a distinct cause of action, motivated at least in part by a distinct intent to punish or to rid a workplace of someone who complains of an unlawful practice.

            Employers need to realize that an employee who brings a charge of discrimination as well as a claim of retaliation can bring both claims forward in court. Juries can, and often do, find that an employer did not discriminate against an employee, but retaliated against the employee, often awarding large damages against the employer.

            Federal and state laws prohibit a wide category of persons, not merely supervisors or employers, from taking adverse action against a person because he or she has opposed a practice forbidden under discrimination laws or because he or she has filed a complaint, testified, or assisted in any proceeding brought under various discrimination laws. Nor may any person coerce, intimidate, threaten, or interfere with any person for aiding or encouraging another person in the exercise or enjoyment of any of the civil rights granted by federal and state anti-discrimination laws.

            Activities protected by the anti-retaliation provisions include speaking to someone at the MCAD, U.S. Equal Employment Opportunity Commission, or another civil rights or law-enforcement agency, or testifying in any proceeding about a charge of discrimination. It can also include complaining to management or filing an internal complaint of discrimination, asking a supervisor or coworker to stop engaging in discriminatory conduct, or cooperating in an internal investigation of discriminatory conduct.

            Expansion of Employment Retaliation Claims

            The U.S. Supreme Court has continued to widen the courthouse doors to persons claiming retaliation. In June of 2006, the Supreme Court handed down its Burlington Northern and Santa Fe Railway Co. v. White case. Sheila White complained about sexual harassment by a supervisor, and she was subsequently reassigned. She filed a charge at the EEOC and a few days later was suspended without pay for 37 days.

            After filing an internal grievance, she was reinstated and received full back pay. She filed a second charge alleging retaliation, and a jury found in her favor, awarding her $43,500 in compensatory damages. The Supreme Court stated that, in order to show a level of harm necessary to support a retaliation claim, a plaintiff must show that a reasonable employee would have found the challenged action materially adverse, which means that it might well have dissuaded a reasonable worker from making or supporting a charge of discrimination.

            This standard is a fact-intensive one, and has encouraged courts to allow retaliation cases to go to full jury trials so that these questions as to how a ‘reasonable employee’ would act would be resolved by a jury.

            Recently, the U.S. Supreme Court continued the trend toward allowing a wide range of retaliation claims to proceed. Section 1981 of the Civil Rights Act of 1866, a predecessor of Title VII of the Civil Rights Act of 1964, prohibits racial discrimination against those that make or enforce contracts, including employment contracts. On May 27, 2008, the Supreme Court decided the case of CBOCS West Inc. v. Humphries extending Section 1981 to prohibit retaliation against those that seek to “vindicate the rights of minorities.”

            Unlike Title VII, which also protects against retaliation, Section 1981 does not require an employee to first file a charge of discrimination, typically within 300 days with the EEOC or MCAD. Consequently, an employee can wait up to four years before brining a wrongful termination or racial harassment claim. While Title VII claims contain caps on certain damages, Section 1981 does not.

            One U.S. Court of Appeals has even gone so far as to protect a man who claims he was fired after his fiancée filed a discrimination charge with the Equal Opportunity Commission against their common employer. The 6th Circuit Court of Appeals sitting in Cincinnati stated that Title VII prohibits employers from taking retaliatory action against employees who, although not directly involved in the protected activity, are so closely related to or associated with others who are directly involved that it is clear that the protected activity motivated the employer’s actions.

            Discrimination and retaliation claims pose particularly sensitive problems for employees when the complaining employee is still employed by the company. The situation becomes compounded when the employee’s supervisor is also the subject of allegations of discrimination. Tensions may reach the boiling point. Little things can add up. While a snub, a stray remark, or certain looks may not by themselves qualify as adverse actions, the combination of actions may slowly ‘add up to a wound.’ As the Supreme Judicial Court has stated, “One pinprick may not be actionable in itself, and its abusive nature may not be apparent except in retrospect, until the pain becomes intolerable.”

            Supervisors often resent being accused of discrimination, maintaining that they are simply enforcing company policies and holding an underperforming employee’s feet to the fire.

            Defending retaliation claims successfully can seem hopeless when the employer takes an adverse action, such as disciplining or terminating an underperforming employee shortly after that employee has made a complaint of discrimination. Courts routinely instruct juries that they are permitted to infer retaliation from the ‘timing and sequence of events.’ An inference of retaliation may be drawn if adverse action is taken against a satisfactorily performing employee in the immediate aftermath of the employer’s becoming aware of the employee’s protected activity, or where the adverse employment action follows close on the heels of protected activity.

            The terms ‘close on the heels’ or ‘immediate aftermath’ have been expanded to include lengths of time up to four months or more. What is an employer to do? Should he merely wait four months after somebody files a charge of discrimination to even talk about terminating the complaining employee?

            Some Practical Tips

            1. Train managers in all categories of potential retaliation complaints. The challenge of dealing with possible retaliation claims places a premium on training all managers and supervisors and recognizing categories of potential retaliation claims.

            2. Document the company’s business reasons for taking an adverse employment action. Although some employees may believe so, making a complaint of discrimination does not confer immunity upon an employee from discipline or from material changes in conditions of employment, including termination. Documentation in writing, including references to specific written policies, rules, and regulations, are essential. The more documentation, the better. If the employer has a progressive discipline policy, it must be careful to follow each and every step of that progressive discipline system, lest skipping a step would be considered retaliatory.

            3. Have a ‘neutral’ party review or administer the discipline. If an employee alleges supervisor discrimination and runs into performance problems, the individual who ultimately administers discipline to address the performance problems should be independent from the accused supervisor. The ultimate decision-maker should be able to demonstrate that she has not merely accepted the recommendations of an accused supervisor at face value, but has made a sufficiently independent determination as to whether discipline or adverse action is appropriate.

            4. Investigate all claims of retaliation, and consider using an independent third party to do so. Employers should investigate all complaints of unlawful conduct, including complaints of retaliation. That policy should be in writing and disseminated to all employees. Employers should consider bringing in trained third-party investigators, whether they are consultants or attorneys, to conduct such investigations. A track record for taking all complaints seriously can prove a valuable tool in the defense of retaliation claims. The employer’s goal should be to investigate and judiciously address all complaints of discrimination so that they never ripen into litigation.

            5. Consider delaying discipline. An employer needs to consider the timing of taking adverse action against persons who have made claims of discrimination. One of the best defenses against any type of discrimination claim, whether a direct claim of discrimination or retaliation, is that the employer gave the employee a second chance, rather than disciplining or terminating. An employee bringing an unsupported, unfounded claim of discrimination often is an employee who will squander a second chance and commit another workplace rules violation that will justify discipline.

            The courts and agencies charged with enforcing anti-discrimination laws will take time to develop workable guidelines on separating legitimate retaliation claims, necessary to protect the right to seek redress for violations of civil-rights laws, from those claims asserted by underperforming employees seeking a legal shield from legitimate discipline. In the meantime, employers need to tighten their policies and practices and ensure that all managers receive appropriate training in preventing retaliation claims.

            Sections Supplements
            And Stand Up Once in Awhile to Ward Off Back Pain at Work

            Sit down and read some bad news. No, don’t sit like that — you might be part of the problem.

            According to statistics from the American Chiropractic Assoc. (ACA), more than 30 million people across the U.S. suffer from back pain at any given time, and over a year’s time, half of all working Americans admit to back-pain symptoms at some point. The condition is the second-most-common reason for visits to the doctor’s office, outnumbered only by upper-respiratory infections, and back pain is one of the most common reasons for missed work.

            And much of the problem stems from — you guessed it — simply sitting down. Or, more accurately, rarely standing up.

            “The kicker is being in a static position — or, actually, doing repetitive motions while in a static position,” said Jeff Reed, physical and occupational therapy manager at Holyoke Medical Center. In fact, every 20 minutes or so, get off your chair and walk to the bathroom, the water cooler, the filing cabinet. The bottom line is, you need to change your position.”

            Joe Welch, a rehabilitation specialist with Baystate Health, said office workers often find a comfortable position, and then they never leave it; “they just get stuck in one position and hammer away. I try to encourage people to change position during the day.”

            “The key is to monitor your posture and move around. Get up and go for a walk. Contributing to this trend is a shift in job roles, Reed said. Specifically, he suggested, a generation ago, people were more likely to do many different tasks at work, constantly changing positions and moving around, but things have largely changed today.

            “Nowadays, people are so specialized that there’s an increased risk of repetitive-work injuries,” he said. “Look at the static position of data entry, sitting at a workstation all day. You have to make a decision to change your position, to get up, to get an ergonomic chair.”

            In this issue, BusinessWest examines what habits lead to persistent back pain and other chronic aches, and what office workers can do differently to start feeling better.

            Straightforward Advice

            Even workers who follow the advice to get up now and then are doing damage if their posture is wrong when they’re back at their desk. With ergonomic aches and pains so widespread in corporate America, the Occupational Safety and Health Administration (OSHA), a division of the U.S. Department of Labor, has issues extensive guidelines for safe positioning at computer workstations.

            Among them is the need to keep the head, neck, and trunk all facing forward and not twisted, meaning the computer monitor should be directly in front of the user, not to the side, with the top of the screen at eye level or lower.

            In addition, the upper arms and elbows should be close to the body and not extended outward; wrists and hands should be straight and not bent to the side when using a mouse or keyboard; and feet should rest flat on the floor or be supported by a stable footrest, with the knees forming a 90-degree angle.

            It’s a lot to keep in mind — and the suggestions don’t stop there — but Reed said failing to take these simple steps can lead to serious complications down the road.

            “I can walk into any workplace, and it’s easy for me to see what’s wrong with this picture,” he said. “We’re seeing tons of injuries because of it.”

            Welch said many chronic problems give plenty of warning, but workers too often ignore body aches. “Too many people work in pain,” he insisted. “They figure, ‘it doesn’t hurt that badly; I’ll just gut it out,’ instead of saying, ‘gee, why is this hurting? What can I do differently?’”

            Essentially, he said, people are reluctant to ask for help, preferring to think of aches and pains as temporary issues they can handle on their own. “They think, ‘I can figure this out myself,’ instead of asking another person.”

            What they don’t realize, however, is that many such pains are chronic issues caused by lifestyle factors they may never have considered. “There’s a quote: ‘stupidity is doing the same thing over and over and hoping for a different result,’” Welch said.

            Mindi Fried, who owns Motion Chiropractic Center in Easthampton, said many bad habits cause subluxations of the spine — basically, taking the spine out of alignment — and, in turn, put stress on the nervous system, and that can impact general health and well-being in a number of ways.

            “It’s not just about relieving pain or a headache, but allowing your body to do what it’s supposed to do,” Fried said. “Your body is not supposed to be in pain all the time. That’s an indication that something is wrong. So we need to consider what you’re doing wrong.”

            “Sometimes people don’t pace themselves enough,” Welch added. “Another problem is trying to do too many new things all at once. They’re similar to weekend warriors, doing nothing for weeks and then trying to play football, wanting to run, jump, and throw without a proper warmup. It can be like that at work, too.”

            Back to Work

            Even with the added education many people get in the workplace, The problems aren’t going away. According to the ACA, as many as 80% of the population will experience a back problem at some point in their lives, and the costs aren’t just physical. Americans spend at least $50 billion each year on back pain, and that’s just for the more easily identified costs, and don’t include the cost to employers in lost productivity.

            “A lot of people have their computer off to the side for whatever reason, or they have their wrists flexed or extended,” Welch said. “They get into all kinds of bad postures and bad habits, and in the short run, they might not see the negative results. But it’s like smoking — you’re hacking with the first couple of cigarettes, but then you get used to it, and you don’t notice the damage it’s doing.

            “The body is pretty resilient,” he added. “It can accommodate a lot of stress over time, but then it reaches a breaking point. As people get into their 40s, 50s, and 60s, they can no longer do the things they could in their 20s and 30s.”

            To help people develop better habits, researchers continue to study ways to make the modern office less stressful and safer. For example, Alan Hedge, professor of Design and Environmental Analysis in Cornell University’s College of Human Ecology, recently told Science Daily magazine about several such ergonomic developments.

            Among them are a vibrating mouse that periodically signals users to remove their hand to prevent overuse; undulating chairs that create a massaging, wavelike movement to alleviate back pain when sitting; and a movable arm that suspends a flat-panel monitor in the proper position without taking up too much space on the desk.

            “One-third to one-half of all compensatory injuries are repetitive-motion injuries associated with office-type work,” Hedge told the magazine. “Everything we do can be summed up in the phrase, ‘good ergonomics is great economics.’ More than 90% of a company’s costs are people costs, so making small investments in improving the workplace by using good ergonomic products pays huge dividends.”

            And it’s simply common sense for millions of office workers for whom going to work is already enough of a pain in the neck.

            “You don’t have to be a zealot,” Reed concluded. “Just make sure you have a sensible workstation. And then get up out of it.”

            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.

            CHICOPEE DISTRICT COURT

            Gilbert & Son Insulation v. Creative Design Custom Homes
            Allegation: Non-payment of insulation services provided: $4,069.79

            GREENFIELD DISTRICT COURT

            Weslee Sicard v. Favorites Staffing Agency
            Allegation: Emotional distress caused by actions of employee: $5,000
            Filed: 4/29/08

            HAMPDEN SUPERIOR COURT

            C & S Distributors Inc. v. Carlson Siding Company
            Allegation: Non-payment of goods sold and delivered: $87,700.84
            Filed: 4/17/08

            Carol L. and James S. Glanville v. Hu Ke Lau Restaurant
            Allegation: Failure to provide alternate transportation to intoxicated patron resulting in motor vehicle injuries: $186,685.46
            Filed: 4/18/08

            Country Bank for Savings v. Munson Heating
            Allegation: Failure to make payments: $49,699.92
            Filed: 4/22/08

            Peabody Family Investments, LLC v. Turfgrass Environmental Consulting
            Allegation: Breach of Contract: $200,000+
            Filed: 4/22/08

            HAMPSHIRE SUPERIOR COURT

            Doris Montgomery v. City of Northampton
            Allegation: Failure to provide access to health insurance benefits: $10,000
            Filed: 5/05/08

            Laura Singleton v. Sinclair Broadcast Group & Patrick Berry
            Allegation: Employment discrimination and wrongful termination: $633,197+
            Filed: 5/13/08
            Miller Development Enterprise Inc. v. World War II Veteran’s Association of Hampshire County Inc.
            Allegation: Breach of contract for services, labor, and materials: $52,034.00
            Filed: 5/12/08

            Murphy Construction v. Mike’s Landscaping and Excavating
            Allegation: Breach of contract for services, fraud, and intentional misrepresentation: $41,775.52
            Filed: 5/08/08

            NORTHAMPTON DISTRICT COURT

            Michael & Diane Ventrice v. Diamond RV Center & Bridgestone/Firestone Inc.
            Allegation: Plaintiff was sold a recreational vehicle with defective tires, and seller did not remedy: $15,000
            Filed: 4/16/08

            Rugg Building Solutions v. TNT General Contractors Inc.
            Allegation: Non-payment of goods sold and delivered: $16,215.36
            Filed: 5/08/08

            SPRINGFIELD DISTRICT COURT

            Carter-McLeod Paper & Packaging Company v. Iris Media Group Industrial, LLC
            Allegation: Non-payment of goods sold and delivered: $7,027.21
            Filed: 2/06/08

            Reliable Temps Inc. v. C & C Salvage LTD
            Allegation: Failure to pay for temporary employees provided by plaintiff: $4,154
            Filed: 2/14/08

            The Marlin Company v. 135 Benton Drive Operating Company, LLC
            Allegation: Non-payment of goods sold and delivered: $10,535.52
            Filed: 2/16/08

            WESTFIELD DISTRICT COURT

            Capital One Bank (USA) v. Gary’s All Nite Towing
            Allegation: Non-payment of credit account: $17,563.81
            Filed: 4/18/08

            Sections Supplements
            New Wage-and-hour Provision Will Test Employers

            “Fresh meat for plaintiffs’ lawyers.”
            This is the colorful phrase Fred Sullivan summoned to describe employers in Massachusetts — and, more specifically, what he believes they will become after (and perhaps even before) July 13. That’s the date when new legislation regarding the state’s wage-and-hour statutes will take effect.

            In a way, the measure involves a simple change of one word in one sentence of a statute. But the shift in terms, from ‘may’ to ‘shall’ with regard to the awarding of triple damages for violations of those wage-and-hour laws, could have some serious ramifications for area employers and perhaps for the state’s economy as well, said Sullivan, a principal with the Springfield-based firm Sullivan Hayes & Quinn, which represents businesses in employment-law matters.
            “I think this sends a clear message from the Legislature to American and global businesses to put your jobs somewhere else, and essentially stay out of Massachusetts,” said Sullivan, who told BusinessWest that the new measure effectively removes any and all measures of discretion when it comes to awarding damages in such cases. And because it does, he believes it unfairly punishes employers and makes them attractive targets for plaintiffs’ lawyers.

            “This is unneeded and unnecessary,” he said, adding quickly that there have always been provisions for treble damages in cases where offenses were egregious. The new measure will punish people for making honest mistakes in an area of the law that is very complicated and dominated by “gray” areas, he continued, calling the amendment “overkill.”

            “The damnable thing about this provision is that an employer who attempts to do due diligence, who audits their practice, and who tries to the right thing … all that good faith counts for zero.”

            Pat Rapinchuck had another word to describe the measure: “draconian.”

            An employment-law specialist with the Springfield firm Robinson Donovan, she echoed Sullivan’s comments about the complexity of this area, and how easy it is, especially for small business owners, to make mistakes.

            “And now, they’re going to pay dearly for those mistakes,” she said, predicting that wage-and-hour complaints, which have been on the rise in recent years, could skyrocket. “There’s going to a lot of work for a lot of lawyers.”

            Some of that work should come — and will come — in the form of preventative maintenance, said Paul Rothschild, an employment-law specialist and chief litigator with the Springfield-based firm Bacon Wilson. He told BusinessWest that, in anticipation of the new law (and as a sound business practice), employers large and small should audit their policies and practices regarding such matters as classifying employees with regard to overtime to make sure they are in compliance with state and federal statutes, and then thoroughly train supervisors charged out with carrying out those policies.

            “People are simply going to have to pay more attention to this now,” said Rothschild, who called the new provision a “wake-up call” for all employers. “People are going to have to be more diligent … if not, they could pay a big price.”

            In this issue, BusinessWest examines the change to state wage-and-hour laws, what it means, and what business owners should be thinking about.

            Getting Clocked

            “Big Business Whacked by New Wage Act Provision.”

            That was the headline on the Mass Lawyers Weekly story announcing passage of the damages provision in April. It quoted several employment defense lawyers who, like Sullivan, predict that the measure will be so bad for business in the Commonwealth that it will give some companies reason (or another reason) not to locate here or to move out.

            Gov. Deval Patrick expressed some of those concerns in a letter he sent to legislators back in February, in which he asked for an amendment to Senate Bill No. 1059, “An Act Further Regulating Employee Compensation,” one that would add a ‘good-faith’ provision to the treble-damages clause.

            “I strongly support strict enforcement of the state wage-and-hour laws to ensure that workers are justly compensated,” Patrick wrote. “I am concerned, however, that mandating treble damages in all cases and without any exception for employers who act in good faith is unfairly punitive. Treble damages can be a significant penalty, especially in cases involving multiple plaintiffs, and such damages are neither warranted nor fair in every case, particularly in situations where the wage-and-hour issues may be complex and uncertain, and where an employer relies, in good faith, on the advice of counsel and guidance received from government authorities.”

            Legislators didn’t respond as the governor hoped, however, and the new measure passed as originally drafted. It became law when Patrick opted to neither sign nor veto it, making Massachusetts the only state to have such a provision.

            And now businesses must live with that law, said Rothschild, who told Business-West that the new damages provision essentially takes employers back to where they were several years ago, before the state Supreme Judicial Court provided a measure of discretion when it ruled that treble damages were allowed “only where authorized by statute, and appropriate where conduct is outrageous, because of the defendant’s evil motive, or his reckless indifference to the rights of others.”

            Now, there are no more questions about good faith and whether proof of same can allow an employer to avoid treble damages, said Rothschild. But there are a host of other questions.

            Such as retroactivity. Indeed, there is already ongoing debate about whether claims filed before July 13 but to be determined after that date will be subject to the damages provision. Other questions concern just how big a spike in claims should be expected — most believe it will be a large jump — and how many cases will be settled (and how quickly) because there is no discretion with regard to those damages.

            “Businesses have had all their defenses taken away from them in these kinds of actions,” said Sullivan. “And when I say ‘defenses,’ I mean not simply defenses against the violation, but defenses against excessive damages.

            “By taking away the good-faith defenses or the inadvertent action on the part of the employer,” he continued, “you’ve placed employers in a position where a mistake, a miscalculation, or a supervisor’s error now becomes the subject of an excessive-damages award.”

            And the companies that are perhaps most vulnerable, said Rapinchuk, are smaller outfits that are understandably more focused on their product or their mission than they are on management issues such as compliance with wage-and-hour laws.

            “These might be mom-and-pop operations that have grown into smaller or mid-sized companies,” she explained. “They think they’re doing everything right, and they’ve managed to stay out of trouble to this point, but they don’t know and don’t understand, in many cases, the pitfalls of running afoul of these wage-and-hour laws.”

            Trying Times

            Rothschild predicted that, when area employers start to read or hear about large settlements involving wage-and-hour violations, they will begin to act and take preventative steps. He urges them to do so now, or run the risk of being the subject of one of those settlements.

            “Businesses need to be proactive, not reactive, and need to understand that they face paying out triple damages whether the act was willful or not,” he explained. “Before, if you had an employer who, through some mistake of a bookkeeper, didn’t pay someone the required overtime for a period of time, that employer might say, ‘oops, we’re sorry, here’s your overtime,’ and that would probably be enough.

            “Now, if an employee brings a claim, and it’s warranted, the court is going to order triple damages and attorneys’ fees — without discretion,” he continued. “So there’s a lot at stake.”

            But even being proactive and working diligently to do the right thing may not be enough to effectively shield business owners from litigation, said Rapinchuk, as she referred, again, to the complexity of wage-and-hour laws and all that gray area.

            “Obviously we all want employees to be paid fairly, but this is a very difficult area of the law to fully comprehend and to do everything right,” she explained, “and to penalize people in such a way for making good-faith, honest mistakes does seem to be extreme.”

            Rapunchik cited language in the Mass. General Laws regarding exempt and non-exempt employees as but one example of how confusing these laws can be.

            There are three main categories of employees that are exempt, she explained, listing ‘executive,’ ‘administrative,’ and ‘professional’ personnel, and a host of conditions that must be met to fit into one of those categories. In the case of administrative employees, for example, in addition to earning a predetermined salary of not less that $455 per week, a person must satisfy both of the following tests:

            • the employee’s primary duty consists of performing office or non-manual work directly related to management policies or general business operations or the employer’s customers; and

            • the employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

            There are several factors to be considered when determining whether an employee does exercise discretion and independent judgment on those matters of significance, she continued, and they include “having authority to fomulate, affect, interpret, or implement management policies or operating practices,” and “carrying out major assignments in conducting the operations of the business.”

            There is plenty of ambiguity in such language, said Rapinchuk, adding that employers must do more than just read the verbiage and try to understand it.

            Sullivan agreed.

            “Employers certainly have to audit their practices,” he said. “And that means more than just looking at or reviewing the stated policy. It means sitting down with people at the worksite and asking how the policy gets applied. With respect to people exempt or non-exempt, it involves going beyond someone’s title and job description and looking at what that individual actually does.”

            Sullivan went so far as to suggest that companies bring in objective individuals, have them interview employees and listen to comments about what they do, and render opinions on whether there is compliance in each specific case.

            Taking such steps will not make a company bulletproof when it comes to wage-and-hour laws, he explained, but it will provide the equivalent of what he called a “bulletproof vest.”

            Up-to-the-minute Reports

            Summing up one likely impact of the new damages provision, Sullivan said the measure amounts to labor law specialists’ full-employment act. “This will be another gold mine for them to tap.”

            Ultimately, he believes that attorneys representing both plaintiffs and defendants should be quite busy in the months ahead with the expected increase in wage-and-hour claims.

            By changing the word ‘may’ to ‘shall,’ the Legislature has stripped employers of their defenses in such matters, thus making complaints much more appetizing to employees and the attorneys who represent them.

            And that’s why business owners have become fresh meat.

            Departments

            The following building permits were issued during the month of May 2008.

            AGAWAM

            KDS Partnership
            79 General Creighton Abrams Dr.
            $20,000 — Flooring renovations

            AMHERST

            Roman Catholic Bishop of Springfield
            132 North Pleasant St.
            $25,000 — Replace wireless antennae at bell tower of St. Brigid’s Church

            Shumway Limited Partnership
            15 Cowles Lane
            $9,720 — New roof

            CHICOPEE

            City of Chicopee
            617 Montgomery St.
            $600,000 — Demolition of Chicopee Comp. High School

            First Congregational Church
            302 Chicopee St.
            $19,200 — Hoist way for vertical lift

            EAST LONGMEADOW

            Jennifer Nguyen
            30 Shaker Road
            $14,700 — Interior build-out

            MRI of New England
            265 Benton Dr.
            $490,000 — Commercial addition

            Pearson Systems
            98 Shaker Road
            $32,000 — Interior build-out

            GREENFIELD

            Baystate Franklin Medical Center
            164 High St.
            $8,000 — Emergency repair to damaged elevator shaft wall

            Kangel LLC
            99 Elm St.
            $9,700 — Re-roof

            Richard Regan
            94 Main St.
            $49,000 — Renovation of building to change use from restaurant to hair salon

             

            Roman Catholic Bishop of Springfield
            133 Main St.
            $87,000 — Replace exterior front stairs, sidewalk, and curbing

            William & Natalie Koncal
            154 Hope St.
            $4,000 — Roof repairs

            HADLEY

            National Evaluation Systems Inc.
            300 Venture Way
            $17,000 — Build three offices in common area

            SOUTH HADLEY

            Mt. Holyoke College-Safford
            50 College St.
            $2,475,000 — Renovations

            SOUTHWICK

            W.R. Newman
            681 College Highway
            $1,641,000 — New commercial construction

            SPRINGFIELD

            Clifford Laraway
            1000 West Columbus Ave.
            $10,000 – General build out of Subway restaurant

            Michael Wiggins
            427 State St.
            $9,500 – Interior renovations

            Sei Aarons
            414 Boston Rd.
            $49,750 – New roof

            Valley Real Estate
            412 Albany St.
            $50,000 – New roof

            WEST SPRINGFIELD

            Ashley Avenue Associates
            95 Ashley Ave.
            $23,000 – Renovate 2,907 SF of office space

            Robert Goodman
            66 Morgan Rd.
            $4,800 – Strip & re-roof

            Departments

            WMECO Issues Price-increase Alert

            SPRINGFIELD — Western Mass. Electric Company (WMECO) recently made a filing with the Mass. Department of Public Utilities (DPU) regarding procurement of energy supply for the period starting July 1. WMECO is sharing the results of the procurement to help customers prepare in advance for increased energy-supply costs for WMECO customers taking default service, also known as basic service. The energy supply was solicited in the open energy marketplace for those customers who have not chosen to purchase their energy supply from a competitive supplier. Pending approval by the DPU, pricing for the solicited energy supply will be in effect for residential and small commercial and industrial (C&I) customers taking default service for the six-month period ending Dec. 31, 2008, and for medium and large commercial and industrial customers for the three-month period ending Sept. 30, 2008. Medium and large C&I customers who have not secured their own competitive energy supplier would see the largest increase, while the increase for residential and small C&I customers would be moderated because prices were averaged with those obtained in a previous procurement. Upon DPU approval, effective July 1, residential customers will see a new energy supply rate of 12.114 cents per kilowatt hour, an increase of 1.3 cents per kilowatt hour over the current energy supply rate of 10.814 cents per kilowatt hour. For the average residential customer using 700 kilowatt hours of electricity per month, this is anticipated to be an increase of $9.10 per month or 7.6% on their total bill. Also effective July 1, medium and large C&I customers will see a new energy-supply rate of 14.572 cents per kilowatt hour, an increase of 4.086 cents per kilowatt hour over the current energy supply rate of 10.486 cents per kilowatt hour. These customers can expect to see about a 29% increase in their monthly bill due to this increase. WMECO officials note that customers are directly feeling the impact of escalating energy prices, and encourage the use of energy-saving opportunities, ranging from home-energy audits to the installation of energy-efficient lighting and air conditioning. For more information, visit www.wmeco.com.

            BBB Announces Torch Awards

            CHICOPEE — The Better Business Bureau (BBB) of Central New England Inc., recently honored American Pest Solutions Inc. of Springfield with its Torch Award. Torch Award recipients must maintain high standards of behavior toward customers, suppliers, and employees; have a history of ethical business practices; participate in community affairs; and be a for-profit business for a minimum of three years. The BBB extended its honorable mention distinction to Moving/ Odd Jobs Unlimited of Chicopee. In addition, the BBB honored Evan Coleman from Amherst Regional High School with its first annual Western Mass. Student Ethics Award and Scholarship.

            New Regional Bicycling Map Available

            WEST SPRINGFIELD — The Pioneer Valley Planning Commission has completed an update to its popular regional bicycling map for area cyclists. In addition to popular on-road cycling routes and bike paths in the region, the map shows popular destinations and local landmarks, along with safety and commuting information. Printed on weather-resistant material using fade-resistant inks, it can be marked with favorite routes to specific destinations. Funding for the map was provided by the Federal Highway Administration and the Mass. Executive Office of Transportation through a donation by Family Bike of East Longmeadow and Agawam. Maps are available free at bike shops throughout the Pioneer Valley. Maps are also available for a $5 prepaid shipping and handling fee by sending a check to the Pioneer Valley Planning Commission, 26 Central St., Suite 34, West Springfield, MA 01089-2787. For more information and a list of locations carrying the bike map, visit www.pvpc.org.

            Group Opposes Efforts to Eliminate State Income Tax

            WEST SPRINGFIELD — The Trustees of the Plan for Progress, the Pioneer Valley’s adopted economic-development plan, recently issued a position statement in opposition to a fall 2008 ballot initiative calling for elimination of the state income tax. The group stands in opposition to the initiative since the state income tax accounts for 60% of total tax revenues and is a principal source of funds needed to cover mandatory financial obligations of the state. If the ballot initiative was eliminated, the group notes a fourfold increase in the sales tax, from 5% to 20%, or a doubling of total property taxes, would be necessary to cover the overall impact of state-supported services and key capital improvements.

            Howdy Award Recipients Recognized

            SPRINGFIELD — The Greater Springfield Convention and Visitors Bureau (GSCVB) recently honored nine individuals from throughout the region during the 13th annual Howdy Awards for Hospitality Excellence. The awards, produced by the GSCVB, recognize front-line employees in the hospitality industry who go above and beyond in the performance of their duties and provide outstanding service to their guests and customers. By doing so, these hospitality professionals contribute to the economic vitality of the businesses they serve and the region overall. Howdy winners were: Laura Payer, concierge, Holiday Inn, Holyoke, in the category of “accommodations”; Mark Gervais, event manager, MassMutual Center, Springfield, “attractions”; Todd Hannigan, bartender, J.T.’s Sports Pub, Springfield, “beverage”; Bernie Pietruskiewicz, breakfast server, Country Inn & Suites, Holyoke, “food,” and James Watts, lead concierge, Baystate Medical Center, Springfield, “public service.” Also, Kathy Crouse, sales associate, Mrs. Claus’ Bakery/Chandler’s Restaurant, South Deerfield, “retail”; Guy Racine, motorcoach operator, Peter Pan Bus Lines, Springfield, “transportation,” and Bernardo Santiago, engineer, Hilton Garden Inn, Springfield, “unseen hero.” In addition, the Howdy Awards Committee selected Bruce Landon, president of the Springfield Falcons hockey club, to receive the Spotlight Award, which recognizes individuals or organizations for their dedication and outstanding contribution to the region’s hospitality industry.

            Departments

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

            Acevedo, Ramonita
            131 Glenmore St.
            Springfield, MA 01129
            Chapter: 7
            Filing Date: 04/16/08

            Ang, Sunnser
            2 Culdaff St. Apt. L
            Easthampton, MA 01027
            Chapter: 7
            Filing Date: 04/24/08

            Barlow, Keith M.
            305 North Main St.
            East Longmeadow, MA 01028
            Chapter: 7
            Filing Date: 04/24/08

            Barre Auto Supply
            Thibeault, Shawn H.
            Thibeault, Jennifer L.
            a/k/a Archibald, Jennifer L.
            270 North Brookfield Road
            Barre, MA 01005
            Chapter: 7
            Filing Date: 04/30/08

            Bermudez, Martina
            144 Abbe Ave.
            Springfield, MA 01107
            Chapter: 7
            Filing Date: 04/16/08

            Bernal, Suiny G.
            45 Bartlett St.
            Springfield, MA 01107
            Chapter: 7
            Filing Date: 04/22/08

            Bessette, Roger A.
            Bessette, Kristin M.
            P.O. Box 2013
            Warren, MA 01083
            Chapter: 7
            Filing Date: 04/19/08

            Betterton, Richard M.
            61 St. Jacques Ave.
            Chicopee, MA 01020
            Chapter: 7
            Filing Date: 04/30/08

            Bobilin, Howard A.
            Bobilin, Peggy A.
            183 Holtshire Road
            Orange, MA 01364
            Chapter: 7
            Filing Date: 04/30/08

            Bolton, Daniel L.
            456 Main St., Apt. 3
            Athol, MA 01331-1856
            Chapter: 7
            Filing Date: 04/20/08

            Bonilla, Joel
            Bonilla, Priscilla
            65 Kulig St.
            Springfield, MA 01104
            Chapter: 13
            Filing Date: 04/29/08

            Bradley, Michael J.
            Bradley, Patricia M.
            73 Jean Dr.
            Springfield, MA 01104
            Chapter: 7
            Filing Date: 04/28/08

            Bressette, Linda L.
            239 Wahconah St.
            Pittsfield, MA 01201
            Chapter: 7
            Filing Date: 04/28/08

            Brunelle, Maritza
            492 Maple St.
            Holyoke, MA 01040
            Chapter: 7
            Filing Date: 04/29/08

            Burgess, Robert C.
            Burgess, Jessica L.
            250 Beacon St.
            Athol, MA 01331
            Chapter: 7
            Filing Date: 04/30/08

            Caron, Jason A.
            a/k/a Caron, Carisa A.
            15 Massachusetts Ave., Apt. 2
            Chicopee, MA 01013
            Chapter: 7
            Filing Date: 04/27/08

            Carreiro, Nancy-Lee
            190 Senator St.
            Springfield, MA 01129
            Chapter: 7
            Filing Date: 04/28/08

            Clayton, Margaret A.
            17 South Road
            Sturbridge, MA 01566
            Chapter: 13
            Filing Date: 04/21/08

            Coleman, Allen D.
            Coleman, Theresa A.
            a/k/a Nicoletti, Theresa A.
            53 Congress St.
            Orange, MA 01364
            Chapter: 7
            Filing Date: 04/30/08

            Demarey, Richard M.
            Demarey, Alyson M.
            11B Catherine Dr.
            Belchertown, MA 01007
            Chapter: 7
            Filing Date: 04/16/08

            Dembroski, Lillian C.
            15 Verge St.
            Springfield, MA 01129
            Chapter: 7
            Filing Date: 04/21/08

            Dixe, Michael A.
            Dixe, Jillian L.
            17 Hartford St.
            South Hadley, MA 01075
            Chapter: 13
            Filing Date: 04/22/08

            Egan, Shaun P.
            82 Olea St., 3rd Fl.
            Chicopee, MA 01020
            Chapter: 7
            Filing Date: 04/18/08

            Ellis, David N.
            Ellis, Regina B.
            807 Converse St.
            Longmeadow, MA 01106
            Chapter: 7
            Filing Date: 04/20/08

            Fanciose, Wayne A.
            1299 Wauwinet Road
            Barre, MA 01005
            Chapter: 7
            Filing Date: 04/23/08

            Figueroa, Ismael
            59 Cloran St.
            Springfield, MA 01109
            Chapter: 7
            Filing Date: 04/27/08

            Flanders, Arlene L.
            14 Mattawa Circle
            Orange, MA 01364
            Chapter: 7
            Filing Date: 04/30/08

            Forgette, Gerald A.
            Forgette, Barbara
            PO Box 507
            Belchertown, MA 01007
            Chapter: 7
            Filing Date: 04/28/08

            Garcia, Yolanda
            54 Hollywood St.
            Springfield, MA 01108
            Chapter: 7
            Filing Date: 04/17/08

            George, Christine Yvonne
            1760 Westover Road, Trailer 3
            Chicopee, MA 01020
            Chapter: 7
            Filing Date: 04/30/08

            Golemo, Christopher J.
            Golemo, Pamela A.
            a/k/a Lander, Pamela A.
            12 Cabot Court
            Springfield, MA 01104
            Chapter: 13
            Filing Date: 04/24/08

            Goodrich, Erin E.
            104 Highview Dr.
            Pittsfield, MA 01201
            Chapter: 7
            Filing Date: 04/23/08

            Granger, Arthur L.
            Granger, Danielle J.
            a/k/a Richardson, Danielle J.
            P.O. Box 781
            Southwick, MA 01077
            Chapter: 7
            Filing Date: 04/28/08

            Greenman, Stephen W.
            Greenman, Diane M.
            343 Apple Valley Road
            Ashfield, MA 01330
            Chapter: 7
            Filing Date: 04/18/08

            Harris, Jason P.
            508 Plumtree Road
            Springfield, MA 01118
            Chapter: 13
            Filing Date: 04/30/08

            Hart, David C.
            Hart, Marcine
            228 Arcadia Blvd.
            Springfield, MA 01118
            Chapter: 7
            Filing Date: 04/21/08

            Herman, Jeffrey H.
            P.O. Box 1522
            Stockbridge, MA 01262
            Chapter: 13
            Filing Date: 04/17/08

            Hernandez, Claribel
            55 West Bay Path Ter.
            Springfield, MA 01109
            Chapter: 7
            Filing Date: 04/30/08

            ICD Purchasing Services
            Cross, Robert D.
            56 Riviera Dr.
            Agawam, MA 01001
            Chapter: 7
            Filing Date: 04/16/08

            Jankowski, Paul J.
            Jankowski, Lucille A.
            36 Cheney St., Apt. 1
            Orange, MA 01364
            Chapter: 7
            Filing Date: 04/30/08

            Janssen, Alice
            138 Newell St.
            Pittsfield, MA 01201
            Chapter: 7
            Filing Date: 04/28/08

            Jen’s Keepsake Korner
            Whitman, Jennifer A.
            484 Conant Road
            Athol, MA 01331
            Chapter: 7
            Filing Date: 04/30/08

            Kelly, Carmel Gazel
            39 Hinckley St., Apt. 2
            Northampton, MA 01060
            Chapter: 7
            Filing Date: 04/22/08

            Klerowski, Lynn M.
            a/k/a Ezyk, Lynn M.
            12 Oakdale Place
            Easthampton, MA 01027
            Chapter: 7
            Filing Date: 04/24/08

            LaFleche, Joanne W.
            37 Martel Road
            Springfield, MA 01119
            Chapter: 13
            Filing Date: 04/29/08

             

            Lincoln, Lee S.
            211 Houghton St.
            North Adams, MA 01247
            Chapter: 7
            Filing Date: 04/22/08

            Liquori, Joseph Francis
            873 Springfield St. #20
            Feeding Hills, MA 01030
            Chapter: 7
            Filing Date: 04/25/08

            Macks, Robin L.
            PO Box 1624
            Northampton, MA 01061
            Chapter: 7
            Filing Date: 04/22/08

            Mercauto, Vito P.
            430 Exchange St.
            Athol, MA 01331
            Chapter: 7
            Filing Date: 04/30/08

            Miller, Jr., Paul W.
            PO Box 1091
            Westfield, MA 01086
            Chapter: 7
            Filing Date: 04/28/08

            Mirisis, Ioannis S.
            Mirisis, John
            a/k/a Mirisis, Yainni
            a/k/a Mirisis, Gwendolyn M.
            a/k/a Voci, Gwendolyn M.
            548 Broadway St.
            Chicopee, MA 01020
            Chapter: 7
            Filing Date: 04/24/08

            Montalban, Jesus
            111 Massasoit St.
            Springfield, MA 01107
            Chapter: 7
            Filing Date: 04/16/08

            Morales Cruz, Myriam
            372 Maple St., Apt. 2R
            Holyoke, MA 01040
            Chapter: 7
            Filing Date: 04/16/08

            Morey, Karen A.
            72 Amherst Road
            Pelham, MA 01002
            Chapter: 7
            Filing Date: 04/17/08

            Murphy, Sara L.
            a/k/a Nelson, Sara L.
            33 Woodland Ave
            Chciopee, MA 01020
            Chapter: 7
            Filing Date: 04/25/08

            Narreau, Ann
            462 Carew St.
            Springfield, MA 01104
            Chapter: 7
            Filing Date: 04/16/08

            Narvaez, Esther M.
            145 Oak St.
            Indian Orchard, MA 01151
            Chapter: 7
            Filing Date: 04/17/08

            Naumov, Alexander
            Naumov, Valentina
            28 Woodcock Court
            Feeding Hills, MA 01030
            Chapter: 7
            Filing Date: 04/29/08

            Nieves, Minerva
            a/k/a Luna, Minerva Nieves
            16 Lexington St., 2nd
            Springfield, MA 01107
            Chapter: 7
            Filing Date: 04/16/08

            Noyes, Gary R.
            700 Russell Road
            Westfield, MA 01085
            Chapter: 7
            Filing Date: 04/22/08

            O’Connor, Mildred A.
            80 Quarry Hill
            East Longmeadow, MA 01028
            Chapter: 7
            Filing Date: 04/24/08

            O’Donnell, William D.
            PO Box 258
            Ludlow, MA 01056
            Chapter: 7
            Filing Date: 04/18/08

            Ortolaza, Angelica M.
            27A Central St.
            Springfield, MA 01105
            Chapter: 7
            Filing Date: 04/16/08

            Pedersen, Christopher R.
            Pedersen, Jaime S.
            39 Middle St.
            Springfield, MA 01104
            Chapter: 7
            Filing Date: 04/29/08

            Pena, Ramon Isaias
            62 Sorrento St.
            Springfield, MA 01108
            Chapter: 7
            Filing Date: 04/18/08

            Ragno, Joseph S.
            2010 High St.
            Three Rivers, MA 01080
            Chapter: 7
            Filing Date: 04/24/08

            Reese, Donna M.
            184 Windsor St.
            West Springfield, MA 01089
            Chapter: 7
            Filing Date: 04/17/08

            Reynolds, Michael T.
            255 New Leonx Road
            Pittsfield, MA 01201
            Chapter: 7
            Filing Date: 04/29/08

            Richter, Jennifer G.
            18 Randall St.
            Agawam, MA 01001
            Chapter: 13
            Filing Date: 04/24/08

            Rodriguez, Lissette M.
            75 Central St., Apt. A
            Springfield, MA 01105
            Chapter: 7
            Filing Date: 04/18/08

            Romeo, Stephen A.
            Romeo, Nancy J.
            126 Lathrop St.
            South Hadley, MA 01075
            Chapter: 7
            Filing Date: 04/16/08

            Rossi, Marilyn D.
            62 Lathrop St.
            West Springfield, MA 01089
            Chapter: 7
            Filing Date: 04/30/08

            Santiago, Benito R.
            P.O. Box 70033
            Springfield, MA 01107
            Chapter: 7
            Filing Date: 04/16/08

            Schaaf, Thomas H.
            6 Corey Colonial
            Agawam, MA 01001
            Chapter: 7
            Filing Date: 04/29/08

            Shea, Michael R.
            4 Sherwood Dr.
            Granby, MA 01033
            Chapter: 13
            Filing Date: 04/21/08

            Soto, Cassyopia
            461 Ryan Road
            Florence, MA 01062
            Chapter: 7
            Filing Date: 04/24/08

            Starzyk, Margaret R.
            100 Pine St.
            Ludlow, MA 01056
            Chapter: 7
            Filing Date: 04/22/08

            Steiner, John M.
            Steiner, Laurie A.
            157 Lumae St.
            Springfield, MA 01119
            Chapter: 7
            Filing Date: 04/29/08

            Sullivan, Daniel P.
            23 Drexel St.
            Springfield, MA 01104
            Chapter: 13
            Filing Date: 04/28/08

            Swiatek, John J.
            78 Price St.
            Springfield, MA 01104
            Chapter: 7
            Filing Date: 04/23/08

            Templet, Gabriele Kat
            177 Marion St., Ext 2
            Chicopee, MA 01013
            Chapter: 7
            Filing Date: 04/22/08

            Torres, Mary L.
            19 Charbonneau Ter.
            Chicopee, MA 01013
            Chapter: 7
            Filing Date: 04/16/08

            Tosado, Eileen
            a/k/a Hubbard, Eileen
            a/k/a Tosado-Hubbard, Eileen
            202 Wrentham Road
            Springfield, MA 01119
            Chapter: 7
            Filing Date: 04/23/08

            Urhiafe, Obukohwo A.
            a/k/a Urhiafe, Olusola O.
            91 Ramblewood Dr.
            Springfield, MA 01118
            Chapter: 7
            Filing Date: 04/18/08

            Vazquez, Aileen
            73 Farnsworth St.
            Springfield, MA 01107
            Chapter: 7
            Filing Date: 04/16/08

            Whalen, Mary F.
            167 Poplar St.
            Feeding Hills, MA 01030
            Chapter: 13
            Filing Date: 04/23/08

            White, Theresa L.
            a/k/a Larouche, Theresa L.
            52 Froman St.
            Athol, MA 01331
            Chapter: 7
            Filing Date: 04/16/08

            Williams, David L.
            77 Colton Place
            Longmeadow, MA 01106
            Chapter: 7
            Filing Date: 04/30/08

            Wilson, Lynn A.
            56 Armstrong St.
            West Springfield, MA 01089
            Chapter: 7
            Filing Date: 04/24/08

            Woodard, Judith J.
            621 Station Road
            Amherst, MA 01002
            Chapter: 13
            Filing Date: 04/22/08

            Zurawski, Kathy Anne
            185 Pleasant St.
            Easthampton, MA 01027
            Chapter: 7
            Filing Date: 04/22/08