2011 - Page 13 of 14 - BusinessWest

Lucia Giuggio Carvalho

By BusinessWest Staff February 15, 2011

Class of 2011 Difference Makers

Founder, Rays of Hope

Lucy Giuggio Carvalho

Lucy Giuggio Carvalho calls them her “million-dollar sunglasses.”

She found them in a bargain bin at T.J. Maxx in the summer of 2009, and knew at first sight that she had something special.

“I think I paid $2 for them; they’re pink, they’re sparkly, they’re different,” said Carvalho, who gave them their name because she thought that, by wearing them, she could help will the fund-raising walk known as Rays of Hope — which she founded after becoming a breast-cancer survivor in 1994 — over the $1 million mark for that year’s walk.

Thus far, the shades haven’t lived up to their name — the tallies for the past few walks have come tantalizing close to what is, for now, anyway, the magic number, but haven’t crossed that threshold. But Carvalho isn’t ready to give up on her latest good-luck charm.

“They’ll be back for a third year,” she said with a large dose of conviction, adding quickly that her choice of eyewear is just one of myriad decisions to make when it comes to her Rays of Hope ensemble (everything goes with pink sneakers, apparently). Indeed, over the years she has collected vast amounts of keepsakes and gifts from event organizers and fellow walkers — survivor pins and badges, scarves, T-shirts, and assorted chochkies, as she calls them. “I couldn’t wear it all,” she joked. “If I did, it would weigh me down so much I couldn’t walk.”

There are far more scientific ways of measuring just how far Rays of Hope has come in 17 years than Carvalho’s inventory of options when it comes to accessorizing for the annual walk — such as the total raised to date, more than $8 million. But there are perhaps none that are more poignant.

They show how the event has evolved into more than a fund-raiser — although it is that, first and foremost. It has become, said Carvalho, a very powerful show of strength, and unity, in a fight that’s far from over — a sobering fact that draws more individuals and teams to the starting line every year.

For creating and nurturing this show of unity, Carvalho, a former oncology nurse and currently director of case management for Jewish Geriatric Services, has been named one of BusinessWest’s Difference Makers for 2011. She said that, if she had her way, she would bring the tens of thousands of walkers and event organizers to the podium with her, because it is their collective efforts that have made the event, through the dollars it raises, a difference maker in the lives of breast-cancer victims, and a role player in the ongoing efforts to find a cure.

When asked how Rays of Hope came to be, Carvalho didn’t start with her own well-documented battle with breast cancer, which began when she discovered a lump during a self-exam. Instead, she focused on her nephew’s involvement, and also her own, in an AIDS walk in Boston several years earlier, and the very important lessons she took from it.

“I come from a family that gets involved,” she said while explaining how and why she became a participant. “And it’s from that walk that I gained a lot of the vision that I wanted to see happen here. That’s where I learned so much about how important it is, and how much you can do, if you can get a group of people who are dedicated to a cause and try to make a difference.

“They raised a lot of money, and they made it fun,” she continued. “They made it fun, exciting, and educational. While you were walking, you talked with people and learned about the disease; all that made it such a fulfilling experience that you wanted to do it again, and we did.”

To make a long and inspiring story short, Calvalho and other Rays of Hope organizers have managed to do the same with their event.

Indeed, with memories of that AIDS walk still fresh in her mind and an American Cancer Society breast-cancer walk that netted $400,000 in the pouring rain further inspiring her, Carvalho, while still recovering from her own lengthy battle with the disease, set out to create her own event.

She recruited organizers, secured a media sponsor (Channel 40), and gained commitments for startup funds. Still, many people involved with her wanted her to wait a year to get on even more solid ground. She listened to that advice, but pressed ahead with her plans for that year, and is glad she did.

“I believe to this day that, if I waited a year, it wouldn’t have happened,” she explained. “It had to happen, and it had to happen that year. I had the energy, I had the passion, I had the motivation, I had the group … the stars were aligned, and it was meant to be.”

Today, funds from Rays of Hope go in several directions. Some are put toward ongoing research, including work at the Pioneer Valley Life Sciences Institute in Springfield. Funds also go toward a wide range of services, including what are known as ‘complementary services’ for those battling the disease. These include yoga, Reiki, and something known as Art from the Heart.

Carvalho is traditionally assigned the task of reviewing requests in this complementary-services category, which she says has perhaps the most compelling direct impact on breast-cancer patients.

“It’s probably the most unscientific aspect of all this, but the piece that really helps people,” she explained. “It’s promoting wellness, and a way of helping people through the process.”

Over the years, Carvalho has turned over most all of the operational aspects of the walk to partner Baystate Health, employees there, and a massive team of volunteers. She describes the broad planning and execution process as a “well-oiled machine” with which she is still quite active.

She has what she considers a lifetime seat on the committee that receives and considers funding requests and ultimately rewards proceeds, and played a role in a five-year strategic plan for the walk undertaken in 2004. “Obviously, we’re overdue for another one.”

As for walk day itself, she said she has a badge (somewhat lost amid everything else she wears) that identifies her as the founder. “It gets me a parking space close to the start line,” she joked, adding that she is largely anonymous for the event itself, walking with a team from JGS and family members, and getting to meet as many new people as time and circumstances allow.

Carvalho told BusinessWest that fund-raising veterans have marveled at the longevity of Rays of Hope. “They say an event like this one usually runs its course in 10 years, and then you have to find something else. This one, though, shows no signs of slowing down; I don’t see it ending unless we find a cure for breast cancer.”

The one constant, she said, is change — in everything from the size and composition of the crowd of participants, to new wrinkles (a run and a walk in Greenfield were added for 2010), to the programs funded by the proceeds.

One thing that won’t change for 2011 is that pair of million-dollar sunglasses.

Carvalho isn’t sure what else she’ll be wearing — again, there are a lot of decisions to make — but weather permitting (and perhaps even if it doesn’t), the shades will return.

And Carvalho believes this year they will live up to their name.

— George O’Brien

Tim Brennan

By BusinessWest Staff February 15, 2011

Class of 2011 Difference Makers

Executive Director, Pioneer Valley Planning Commission

Tim Brennan

Tim Brennan was talking about the specific skills one must possess to be a successful planner, especially a long-range planner, which is his unofficial job title.

And he focused on two traits — patience and tenacity — noting that one must have them in abundance in this arena, because some — actually, it’s more like most — initiatives don’t take a few months or years to become reality; they take a few decades, at least.

“If you get disappointed easily, and you don’t have the grit to keep coming back over and over again and make the plans work that you think should work, then you’ve picked the wrong job,” he told BusinessWest, laughing as he did so. “And it happens; some people just don’t have that demeanor for this.”

As an example of patience and tenacity, he cited work to create bike paths in the region, an initiative that dates back to when he started working for what was then known as the Lower Pioneer Valley Regional Planning Commission (LPVRPC), as the transportation planner, in 1973.

“There were none at that time, but the temperature started to change and the federal government became interested in things other than autos and transit,” he explained. “We started working on what was then the Five College Bikeway, which was a conceptual idea. Once the media-release value was gone, everyone abandoned it; but we stayed with it, and 20-something years later, I’m at the ribbon-cutting for the trail. I’m not the planner in the Transportation Department, I’m the director, and I’ve got two young daughters who are going to be able to use the Norwottuck trail.

“That’s a long time to wait for some satisfaction,” he continued, putting extra emphasis on that word ‘long.’ “But now we have these bikeway projects springing up across the area, and I think they’re really attraction amenities; they add a lot of value to communities, and when we get them to hook up with one another, they’re great assets.”

There are several other examples from Brennan’s tenure with what is now simply the Pioneer Valley Planning Commission. They include everything from Connecticut River clean-up efforts to initiatives to bring more and better rail service to the area; from work to maximize the CSX complex in West Springfield as a regional economic-development asset to efforts to promote greater regionalization in this region and also neighboring Northern Conn.

For achieving progress in these areas and, overall, for giving that grit he described earlier, Brennan has been named one of BusinessWest’s Difference Makers for 2011. Some of the work he’s led is easy to see, such as those bike trails, a cleaner Connecticut River, and a reconstructed Coolidge Bridge. But some of it is outwardly less visible, yet equally important, such as the creation in 1994 of the Plan for Progress — a blueprint for helping the Valley remain competitive in an increasingly global economy — and its many updates since.

Brennan has seemingly always been a little ahead of his time, dating to when he did his thesis at UMass Amherst on issues concerning the collection and management of solid waste, and, specifically, the need for greater recycling. “That was kind of a radical idea at the time,” he said.

While at UMass, he took part in an internship with the city of Northampton, “which at that time was as downtrodden as any city you could imagine,” and worked on solid waste and, eventually, planning issues for then-Mayor Sean Dunphey. He was part of efforts to create a new master plan and revamped zoning laws, and was there to see the very beginnings of that city’s renaissance.

After graduating from UMass, Brennan commenced a search for employment in the region and found an opportunity at the LPVRPC as transportation planner. While in that position, he led the formation of the Pioneer Valley Transit Authority (PVTA), one of many regional transit systems created by the state Legislature.

In 1980, when the directorship of the LPVRPC came open, Brennan applied, but did not get the nod. But when the individual who was chosen ultimately decided not to relocate from Illinois, another search was commenced, and this time Brennan triumphed.

When asked what’s kept him in this job for more than 30 years, working for and alongside countless mayors, selectmen, and planning and development leaders, Brennan said it’s the diversity of the work and the satisfaction that comes with overcoming the many challenges it takes to bring projects that are decades in the making to fruition.

He also likes the balance between working in both the present and future tenses.
“I tell people, and I really believe this, that one of the interesting things about planners is that you have to be bipolar in terms of your time zone,” he explained. “And I don’t know if you can quantify it, but both switches are always on because, if you can’t demonstrate that you’re relevant to the present, all your conjecture about the future gets completely tuned out.”

So when asked what the Greater Springfield area might look like in 30 years, the man who always has one eye focused at least that far down the road said there will be some recognizable changes.

“What’s going to shape the region is energy and climate change,” Brennan said. “Suddenly, it’s politically unpopular to talk about climate change, but the scientists are screaming that it’s real and we have to do something about it. A few weeks ago, the state set greenhouse-gas emission-reduction goals for 2020 and 2050. I don’t think I’ll be around in 2050, but it’s my job to start, with my colleagues, to take this seriously and try to get us ready.

“So what I see is that we won’t be on fossil fuels anymore; we’ll be running off different kinds of fuels, and we’ll need a more-compact land-use pattern — we can’t keep spreading out like we have been,” he continued. “We’ll be going back to the future in a way, where some of the places that we depopulated get repopulated, including many of the urban areas, the downtowns.”

Meanwhile, the Valley will have to focus its energies on successfully existing in one of what are projected to be a dozen or so ‘super regions,’ the one in question stretching from Philadelphia to Boston.

“We have to be connected to the Northeast mega-region, or we’re toast,” Brennan told BusinessWest. “There was a guy here 10 years ago who has a national reputation, who said that if we didn’t have firm plans and follow through on them, much of New England, including this region, could end up as a cul-de-sac, and that really stuck in my mind.

“I think the Valley has all the right building blocks to be one of those regions that can sustain itself going into all these major changes,” he continued. “That’s why we’re working on rail, that’s why we’re working on the broadband, that’s why we will be working on food security; these are all designed to put the infrastructure in place for the region to be vibrant and attractive.”

Getting to that place won’t be easy, but Brennan has the requisite personality traits — patience, tenacity, and that all-important grit — to get the job done.

— George O’Brien

Editorial

By BusinessWest Staff February 15, 2011

Opinion

They Make a Difference in Many Ways

This region is going to miss Anthony Scott.
Holyoke’s police chief is slated to retire in a few months, when he turns 65. In addition to making a serious dent in the level of criminal activity in the Paper City, Scott has been as outspoken as they come, making him a real favorite of the media and a royal pain to the judges and parole officers he’s criticized seemingly without end for what he considers light sentences and decisions to release repeat offenders on their own recognizance.
Scott, who will retire to a consulting gig in South Carolina, will long be remembered around here for his hard-edged sound bites and newspaper headlines, but his main contribution — it remains to be seen whether it’s a lasting contribution (that’s up to his successor) — was his success with simply driving criminals out of his city because, as he put it, he made the “overhead costs” too high to do business there.
Scott’s decade-long tenure in Holyoke is a classic example of how there are many ways to make a difference in this region through one’s work or contributions to the community. And this year’s Difference Makers, as chosen by BusinessWest (profiled beginning on page 40), really drive that point home.
Lucia (Lucy) Giuggio-Carvalho has made a difference by starting Rays of Hope. She was still recovering from breast cancer when she pulled together the concept, the sponsors, the upfront money, and, yes, the courage and determination to get this fund-raiser off the ground. Today, Rays of Hope is on the brink of surpassing the $1 million mark for funds raised in one year, and with any luck, organizers will bust down that door this fall.
But beyond the money raised — which goes toward research and a variety of services for breast-cancer victims — the walk has become, well, an event, a show of strength and perseverance for survivors and their friends and families. The results are difficult to quantify, but Carvalho and her walk have certainly made a difference in thousands of lives.
Some of Tim Brennan’s contributions are hard to quantify as well. It’s like that when you’re a long-range planner. Some of his efforts as director of the Pioneer Valley Planning Commission are visible — like the bike trails running through area cities and towns, a visibly cleaner Connecticut River, and a widened Coolidge Bridge. However, with initiatives such as the Plan for Progress, which Brennan initiated, the benefits are difficult to see with the naked eye.
But they have succeeded in doing something that is desperately needed in this region — promoting business owners and municipal leaders to look beyond next week, next year, or even the next decade, imagine what the competitive landscape will be like, and be ready for that day.
As for Robert Perry, as he told BusinessWest, he’s not really handy, but that hasn’t stopped him from being a driving force with Habitat for Humanity — or any of the organizations to which he’s contributed his time, energy, imagination, and ability with numbers.
In short, his contributions have added up to something special — literally and figuratively.
Which brings us to Don Kozera, whose strong leadership skills and ability to shape goals and, as he put it, “define reality” for his staff, have enabled Human Resources Unlimited to help those with physical and mental disabilities find employment, independence, and self-esteem. By doing so, he and all those at HRU are making a difference in the lives of thousands of people, and this region as a whole.
BusinessWest invites all its readers to attend the Difference Makers gala on March 24 at the Log Cabin Banquet & Meeting House in Holyoke. We’ll be celebrating these five individuals, but also the many ways in which people can make a difference, and the hope that their work will inspire others to find and develop still more methods for having an impact.

Mistakes That Make a Litigator’s Day

By BusinessWest Staff February 15, 2011

Sections Supplements

How to Avoid Turning Private Estate Matters into Public Conflicts

Carol Cioe Klyman

Litigators love conflict.
In the world of trust and estates litigation, an innocent transaction, such as adding a child’s name to a bank account, could set the stage for a legal battle royal after the parent’s death.
Consider the questions mom will not be around to answer. Did she put Johnny’s name on her account because she wanted him to be able to withdraw funds while she was living, or rather to inherit the account when she died? Or did she intend to give Johnny access to the money just in case something happened to her, but she really wanted all her children to split the account when she died?
The siblings never got along that well, but think about what could happen in this family when mom is no longer around to referee.
Walk into most courthouses these days, and you will soon realize that ambiguity and conflict mean money. Trust and estates litigation is booming in no small part because the innocent transactions of life conflict with family dynamics and the complex realities of the legal system. Litigators sue, but estate-planning attorneys try their best to keep clients out of court. So here, from my observations, files, and trials, and those of my colleagues, are some of the mistakes that can drive what should be private matters into public conflict.
1. DIY estate planning. Filling out forms from the Internet for wills, trusts, and powers of attorney is the easy part. Thinking through the ramifications of those documents takes knowledge and skill. Most people plan one or two generations ahead, but life is not that simple.
Divorce, biology, human frailty, and the simple passage of time all affect our planning. It also takes knowledge to separate the useful from the flawed in these Internet documents. Litigators will exploit ambiguities and unintended consequences.
2. Not having a will, power of attorney, and health care proxy. If you don’t have these basic documents, the government controls where your property goes and monitors who makes decisions about your health care and your funds. If you become incapacitated, a judge will appoint a guardian and conservator to take care of your financial and medical affairs. Families often disagree over who will serve in these roles, and these conflicts often end up in court. These cases can be brutal, costly, and time-consuming.
The judge, usually the person in the room who knows the least about your case, is confronted with choosing between children, as often as not appointing a professional who is a stranger to the family.
3. The law of unintended consequences. Even people who have estate plans can fail to consider the consequences. In one glaring example that came across my desk some years ago, a man terminally ill with cancer thought he had provided for his adult children in his will, signed six months before his death. The will left everything to his second wife, whom he had married two years previously, and then to his five children if she were dead. When he died, his wife inherited his entire estate, and his children got nothing.
His children sued. The case settled with the widow agreeing to give them their father’s property at her death. Many such cases end only after protracted and expensive litigation that leaves the children empty-handed.
4. “My child will do the right thing.” I can’t tell you how many times a client has told me, “I’m leaving everything to my daughter. She knows what I want.” The law favors certainty over sentiment. The certainty is, the daughter owns everything at the parent’s death. Fortunately, in most cases, the child will do the right thing when a parent dies. However, at times the ‘right thing’ is unclear.
The person in charge may believe she knows exactly what the deceased person wanted. Others may disagree, and even resent the authority given to the favored person.
5. Promising more than you deliver. Many lawsuits are won and lost over the issue of a promised inheritance that failed to materialize. In many of these cases, the neglected survivor performed an uncompensated service expecting to be rewarded later. In one recent case, a son was promised he would inherit the family business and real estate if he ‘employed’ his mother at a substantial salary and paid her living expenses.
He faithfully performed his obligations until her death. Unfortunately for the son, the mother changed her estate plan in the intervening years and split the business among her children when she died. The dutiful son sued his siblings and won. The sympathetic judge found that the son acted based on his mother’s promise and should be compensated for his trouble.
6. Picking the wrong person to be in charge. A corollary to this is, “Sheila is the oldest, so I’ll name her.” Much sadness, loss, and many expensive lawsuits arise from this mistake. An executor of a will, trustee of a trust, and agent with power of attorney or health care authority — each of these jobs requires a person of intelligence, honor, loyalty, and diligence. Putting the wrong person in charge can completely derail a perfectly crafted estate plan.
Individuals abuse the trust placed in them when they use funds for their own purposes, contradict their principal’s instructions, or fail to follow the directions expressed in the decedent’s will. These cases run the gamut: a grandmother serving as executor of her daughter’s will spent her grandchildren’s inheritance on herself; an agent transferred property owned by her incapacitated mother to herself without permission; an executor used estate funds to repair and improve his own home. Often the people who are wronged — an incapacitated person, trust beneficiaries, a decedent’s heirs — have the law on their side but cannot recover what was lost or taken. The wrongs can occur many years before discovery, and perpetrators often are poor and ‘judgment-proof,’ and not required by the court to have insurance to cover losses.
7. Dueling powers of attorneys. When a parent cannot choose which child to put in charge, they sometimes put too many children in charge. They will sign a power of attorney naming one child, a second power of attorney (sometimes drafted by a different lawyer) naming another child, and so forth. The question then becomes, who is really in charge?
If the parent is incapacitated, unable to pick the first among equals, and the children can’t agree, the decision will end up in court. My advice is to say what you mean in one document only, and don’t let your children bully you into creating another. If you can’t pick one and then another as backup, you can name two serving together, but it is best for an odd number to serve in case a tiebreaker is needed. You might also spread the jobs of executor, attorney-in-fact, and health care agent among your trusted family members so no one feels slighted.
8. Failing to name successor executors, agents, and trustees. If an office is vacant, the court may need to appoint an individual or corporation to serve. Refer to points 2, 3, 5, and 6 for the ramifications.
9. Not specifying how taxes are paid when you die. If you leave assets of more than $1 million, Massachusetts will tax your estate (more than $5 million, and the federal government is also interested). Unless you decide differently, taxes are paid from general probate assets, which do not include specific assets bequeathed in a will, insurance policies, annuities, retirement accounts, and other assets with beneficiaries. The result could be that the people you want to benefit the most will pay all the taxes and receive the least.
10. Specifying that taxes be paid from tax-exempt assets. Some assets transferred at death, such as gifts to charity or to a trust for a surviving spouse, are exempt from estate tax and can actually result in reduced taxes for an estate. However, an improperly drafted estate plan can cause a portion of these exempt assets to be spent on estate taxes, reducing the amount of the exempt gift, and in turn increasing the taxable estate and the tax bill — a mathematical spiral that often ends in court. Charities, marital trust beneficiaries, and litigators can do the math.
11. The ostrich estate plan. Pretending problems don’t exist, and not meeting them head-on, is a gift that keeps on giving to a litigator. A parent may disinherit a child or children for any reason, sometimes out of sheer dislike. Most parents can’t live with the thought of treating one child differently, even a child with substance-abuse, financial, or marriage problems, or perhaps physical or mental challenges. Failing to address these issues by sweeping them under the rug or pretending they don’t exist can be destructive to the family. With proper planning, children can be protected from themselves in many positive ways.
However, if ever your loved ones would have reason to race to their lawyer, an estate plan that singles out a child with problems, disinherits children, or leaves the entire estate to the poodle would be it. Care must be taken to evidence that the parent acted willfully and with full understanding. Plans that seem irrational or flippant leave much room for doubt and speculation — and make a litigator’s day.

Attorney Carol Cioe Klyman is a shareholder with Shatz, Schwartz and Fentin, P.C., Springfield, Northampton, and Albany, N.Y. Her practice concentrates in the areas of elder law, estate and special-needs planning, estate administration, and trusts and estates litigation. She is a fellow of the American College of Trust and Estates Counsel and immediate past president of the Hampden County Estate Planning Council; (413) 737-1131.

For the Record

By BusinessWest Staff February 15, 2011

Sections Supplements

New CORI Measure Impacts Employers’ Hiring Processes

Amy Royal

Prior to hiring a prospective employee, many businesses opt to conduct background checks, some of which include checks into an applicant’s criminal history. Indeed, obtaining information about an applicant’s criminal records and general background can be quite helpful for verifying the veracity of an applicant and in learning more information about an individual who is otherwise an unknown commodity.
The ways in which businesses can obtain and use criminal-offender record information (CORI) during the hiring process was limited by the state’s CORI-reform law, which Gov. Deval Patrick signed into law last summer. CORI records include information and data related to the nature and disposition of a criminal charge, arrest, pre-trial and other judicial proceedings, sentencing, incarceration, rehabilitation, or release.
The impetus for the new law was to make it easier for individuals to secure employment. In fact, in supporting the law, Patrick announced that “the best way to break the cycle of recidivism is to make it possible for people to get a job.” The first piece of the new CORI law went into effect on Nov. 4, 2010; other sections will not take effect until early next year.
Under the portion of the CORI law that took effect last November, it became unlawful for employers to ask job applicants about their criminal-offender record information, including information about arrests, criminal charges, and incarceration, on an “initial written application.”

Benjamin Bristol

The new CORI law created this prohibition by amending Mass. General Laws Chapter 151B, Section 4, our state’s anti-discrimination law. Before this new amendment, employers could ask job applicants about felony convictions and certain misdemeanor convictions that were not protected from disclosure. The only exceptions to the conviction-question ban on initial job applications occur when federal or state law disqualifies an applicant for that position because of a conviction or where an employer is subject to an obligation under federal or state law not to employ an individual who has been convicted.
Unfortunately, the term ‘initial written application’ was not defined in the new law, so it remains unclear whether the new CORI law was intended to prohibit job interviewers from asking about criminal-offender record information later on in the application process, such as during an interview. The Mass. Commission Against Discrimination (MCAD), the state administrative agency that enforces our state’s anti-discrimination law, has taken the position that a job interviewer may inquire about convictions in very limited circumstances. Indeed, the MCAD has indicated that questions about convictions are permissible as long as the interviewer does not ask about any of the following:
• An arrest that did not result in a conviction;
• A criminal detention or disposition that did not result in a conviction;
• A first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace;
• A conviction for a misdemeanor where the date of the conviction predates the inquiry by more than five years; and
• Sealed records and juvenile offenses.
Without question, this list presents more problems than it does solutions for employers. Since interviews usually consist of broad and open-ended questions, it is very likely that the interviewer who asks about an applicant’s past convictions will erroneously lead the applicant to disclose conduct that the MCAD deems protected, which could ultimately result in litigation. This is true even if a question is well-intentioned; it could still be seen as a violation.
To avoid this problem, employers should train their interviewers on the proper questions to ask applicants, and provide their interviewers with a written set of questions to help steer the discussion away from unlawful inquiries.
In addition to the initial-application piece of the new law, another provision, slated to take effect on Feb. 6, 2012, will further restrict an employer’s ability to obtain criminal conviction history. While employers will still be able to obtain criminal information from the CORI database, they will no longer be able to receive felony convictions that have been closed for more than 10 years or misdemeanor convictions that have been closed for more than five years. Currently, employers may receive information about felony convictions occurring up to 15 years earlier and misdemeanor convictions occurring up to 10 years earlier.
Another provision that takes effect on Feb. 6, 2012 will require employers to create and implement a written policy if the employer annually conducts more than four criminal background investigations. This written policy must include language notifying applicants of the following: that the employer will give copies of the policy and the information obtained during the criminal background investigation to the applicant; that there is a potential for an adverse decision based on the criminal background investigation; and the steps applicants can take to correct their criminal record. Employers must then make sure that the applicant receives a copy of the policy and the information obtained during the investigation.
Also effective Feb. 6, 2012, the new law will prohibit employers from retaining a terminated employee’s CORI information for more than seven years from the last day of employment. The same rule will also apply to job applicants; thus, employers will be prohibited from retaining an unsuccessful applicant’s information for more than seven years from the date of the decision not to hire.
However, Feb. 6, 2012 will bring some good news for employers. Specifically, under another section that takes effect that day, the new law will protect employers from claims of negligent hiring when relying solely on CORI records and not conducting additional criminal background checks prior to hiring an applicant. This provision will also protect employers who fail to hire an applicant because of erroneous information on the applicant’s CORI.
In this ever-increasingly litigious society, employers should routinely gather all available information regarding a prospective employee before deciding whether or not to hire them. In light of the new CORI law, employers who are currently using criminal-record information in their hiring process should review their current policies and practices to ensure compliance with the new law.

Amy B. Royal, Esq. and Benjamin A. Bristol, Esq. specialize exclusively in management-side labor and employment law at Royal LLP, a woman-owned, boutique, management-side labor- and employment-law firm; (413) 586-2288; [email protected]

IRS Form 1099 Explained

By BusinessWest Staff February 15, 2011

Sections Supplements

Know the Requirements in Order to Remain in Compliance

Bruce Fogel

Many of us, at one time or another, have seen an IRS form titled 1099. Most of us are familiar with the more common versions of that form, including:
• Form 1099-INT, which is used to report interest paid to someone in excess of $10 per year;
• Form 1099-DIV, which is used to record dividends and/or capital-gains distributions paid to someone in excess of $10 per year;
• Form 1099-B, which is used to report the proceeds from the sale of capital assets other than real estate; and
• Form 1099-S, which is used to report the proceeds from the sale of real estate, typically other than one’s principal residence (provided the appropriate information was provided to your lawyer or other representative at the time of sale).
In each of these instances, the purpose of a Form 1099 — whatever its specific designation — is to provide information to the Internal Revenue Service so it can cross-check the same to make sure that the recipient is properly reporting the payment and/or income.
Another type of Form 1099 is the Form 1099-MISC. As you might have already guessed, this designation is intended to cover most other miscellaneous payments for which a specifically identified Form 1099 does not exist. The threshold for being required to file such a form is when payments have been made to a qualifying recipient during any calendar year (or tax year, in the case of an entity reporting information on a fiscal-year basis), in an amount totaling at least $600.
So, who is required to submit such forms to the IRS and to the payee? Anyone or any entity engaged in a trade or business, who made such payments in the course of that enterprise, is required to use 1099-MISC. But, you may wonder, what constitutes a trade or business? The instructions for this form state that you are generally considered to be engaged in a trade or business “if you operate for gain or profit.”
However, as with most IRS guidelines, the answer has exceptions. For example, those parties responsible for filing this version of Form 1099 include nonprofit organizations as well as federal, state, and local governments. Interestingly enough, through Dec. 31, 2010, the definition did not include landlords or rental-property owners. However, effective with payments beginning Jan. 1, 2011, landlords are required to join in the fun and issue Form 1099-MISC for all payments for services and/or materials reaching the $600 filing threshold.
The next logical question is, to whom or to which organizations are these forms issued? Historically, and through Dec. 31, 2010, these forms were to be issued to any individual and/or non-corporation receiving $600 or more during the year. Most corporations were excluded. However, payments were still required to be reported on the form if paid to pass-through entities, including LLCs that were not being taxed at the entity level, as well as payments made for professional fees (including doctors, lawyers, etc.), whether the professional entity was incorporated or not. However, these rules were changed for payments made after Dec. 31, 2010, such that corporations are no longer exempted from receiving these forms.
As you might expect, there are penalties for non-compliance, and not having the information necessary to complete the form is not always considered to be a valid excuse. There are also filing deadlines, other forms necessary to accompany copies of the Form 1099 to be filed with the IRS, and additional form-specific details relating to the filing requirements.
Suffice it to say, if you are subject to the filing requirements for these forms or think you might be, it is certainly better to err on the side of caution and make arrangements for their filing, or at least to check with your tax or accounting professional. Under such circumstances, it would be wise for you to take steps during the year to make sure to collect the necessary information you’ll need to file these forms from the various payees you work with. Such information would include their full and correct name, their correct tax-identification number, and their correct and current mailing address.
If necessary, there are forms available for collecting such information and receiving the payee’s certification as to the accuracy of the information.

Bruce M. Fogel is a partner with Bacon Wilson, P.C./Morse & Sacks in Northampton. He is a member of the firm’s estate-planning, elder, real-estate, and business departments. He has extensive experience in matters relating to income, gift, and estate taxes, and he focuses on the tax implications of all legal transactions. He can also be heard on the radio show Taxes and Assets; (413) 584-1287; [email protected]

Case Studies

By BusinessWest Staff February 15, 2011

Sections Supplements

A Chart of Law Firms in Western Mass.

Click here
Law Firms BW2.11a

Ten Points On Conference Networking

By BusinessWest Staff February 1, 2011

10 Points Departments

1. Know what you want to learn from the conference. Most conferences have multiple tracks; try to focus on your most important goals.
2. Before the conference, identify other attendees in your breakout sessions. Learn about them and their companies via the Web and LinkedIn.
3. Set appointments in advance. Contact a few individuals who you have identified as having common interests and try to arrange to meet over coffee during the conference.
4. At the conference, focus on meeting attendees rather than the featured speakers. Attendees are likely the people who walk in your shoes and can provide you with practical ideas and support moving forward.
5. Be the first to engage other attendees at your table. Spend time asking open-ended and feel-good questions to first get to know them personally. People ultimately do business with people they know, like, and trust.
6. Always have your business card ready to exchange, and make notes about your conversations, right away, on their business cards. This will give you a frame of reference for contacting them after the conference is over.
7. Send follow-up notes and/or e-mails after the conference to continue the positive connection. Ask if they would like to continue the connection with you via LinkedIn.
8. Try to help your new colleagues. Listen for their concerns and challenges in their jobs and send them resources that you may have that can help them. Be the go-giver.
9. Be a connector. Actively listen, and try to introduce people who could provide benefit to each other. When you are a conduit who connects people in a helpful way, you are increasing your own value, and people will want to help you even more!
10. Ask your new contacts for resources and advice. People you meet at conferences can be a very valuable resource for the challenges that you face in your job. They are usually more than happy to offer best practices they have found in their work.

Brenda Olesuk

Brenda Olesuk is the marketing director at Meyers Brothers Kalicka, P.C. in Holyoke; (413) 536-8510.

Agenda

By BusinessWest Staff February 1, 2011

Agenda Departments

Rick’s Place Benefit
Feb. 5: The third annual Heart to Heart fund-raiser for Rick’s Place is planned from 6:30 to 10 p.m. at the Ludlow Country Club. Established in memory of Rick Thorpe, who died in Tower Two of the World Trade Center on 9/11. Rick’s Place was created to provide a supportive, secure environment where families can remember their loved ones and avoid the sense of isolation that a loss can produce. For ticket information, call Shelly Bathe Lenn at (413) 348-3120 or visit www.ricksplacema.org.

Business Open House
Feb. 9: The Scibelli Enterprise Center at the STCC Technology Park in Springfield will host an open house titled “Growing Successful Small Businesses” from noon to 1 p.m. The event is offered to explain how the Enterprise Center is the regional hub for entrepreneurship for Western Mass. Small-business owners and service providers are encouraged to attend the open house. For more information, call (413) 755-6109 or visit
www.springfieldincubator.com.

Outlook 2011
Feb. 11: The Affiliated Chambers of Commerce of Greater Springfield (ACCGS) will host Outlook 2011 at Chez Josef in Agawam. The program begins at 11:45 a.m. and ends at 1:30 p.m. Outlook 2011 is ACCGS’s largest event of the year, where the annual legislative agenda is announced. The featured speaker will be Congressman Richard E. Neal, who will give the outlook on the federal level. As a senior member of the powerful Ways and Means Committee in the House, and a congressman long-recognized for his ability and willingness to reach across the aisle to work with his Republican colleagues, Neal will discuss the agenda for the 112th Congress, including his unique insights into areas such as health care, federal tax reform, job creation, and Social Security. ACCGS is also working with Gov. Deval Patrick’s office for him to be the keynote speaker on the state level. If for some reason the governor cannot attend, a high-ranking official from the state will be on hand to present the state outlook. Additionally, the chamber’s 2011 legislative agenda will once again be presented. This year, Mary Ellen Scott, president and owner of United Personnel, and a long-time member of the chamber’s legislative steering committee, will talk about how issues on the chamber’s agenda affect a typical business such as hers. Tickets to Outlook 2011 are $50 for chamber members and $70 for non-members. A table of 10 can be purchased for $475 for members and $700 for non-members. To make reservations or for more information, contact Diane Swanson at (413) 755-1313 or
[email protected]

National College Fair
March 6-7: The Eastern States Exposition in West Springfield is the setting for the Springfield National College Fair, slated from 1 to 4 p.m. on March 6 and from 9 a.m. to noon on March 7. Sponsored by the National Assoc. for College Admission Counseling, and hosted by the New England Assoc. for College Admission Counseling, the event is free and open to the public. The fair allows students and parents to meet one-on-one with admissions representatives from a wide range of national and international, public and private, two-year and four-year colleges and universities. Participants will learn about admission requirements, financial aid, course offerings, and campus environment, as well as other information pertinent to the college-selection process. Prior to attending the event, students can register at www.gotomyncf.com to receive a printed bar-coded confirmation to use on-site at the fair as an electronic ID.

Difference Makers Gala
March 24: BusinessWest will salute its Difference Makers Class of 2011 at a gala slated to begin at 5 p.m. at the Log Cabin Banquet & Meeting House in Holyoke. Initiated in 2009, the Difference Makers program recognizes individuals and groups making outstanding contributions to the Western Mass. community. The 2011 winners will be announced in the magazine’s Feb. 14 issue. For more information on the event or to order tickets ($50 per person, with tables of 10 available) call (413) 781-8600, ext. 10, or visit www.businesswest.com.

40 Under Forty Gala
June 23: BusinessWest will present its 40 Under Forty Class of 2011 at a not-to-be-missed gala at the Log Cabin Banquet & Meeting House, beginning at 5 p.m. The 40 Under Forty program, initiated in 2007, has become an early-summer tradition in the region. Nominations are currently being accepted for this year’s class (see form, page 71), and a team of five judges will complete the scoring of those nominations in late February, with the winners being announced in April. For more information on the event or to order tickets ($60 per person, with tables of 10 available), call (413) 781-8600, ext. 10, or visit www.businesswest.com.

Summer Buit
June 27-28: The Resort and Conference Center of Hyannis will be the setting for the Summer Business Summit, hosted by the Mass. Chamber of Business and Industry of Boston. Nominations are being accepted for the Massachusetts Chamber, Business of the Year, and Employer of Choice awards. The two-day conference will feature educational speakers, presentations by lawmakers, VIP receptions and more. For more information, visit www.masscbi.com.

Chamber Corners: Upcoming Events

By BusinessWest Staff February 1, 2011

Chamber Corners Departments

ACCGS
www.myonlinechamber.com
(413) 787-1555
n Feb. 2: Business@Breakfast, 7:15 to 9 a.m., Springfield Marriott, 2 Boland Way. For more information or to register, contact Diane Swanson at (413) 755-1313 or [email protected].
n Feb. 9: ACCGS After 5, 5 to 7 p.m., CityStage, One Columbus Center, Springfield. For more information or to register, contact Diane Swanson at (413) 755-1313 or [email protected].
n Feb. 11: Outlook 2011, 11:45 a.m. to 1:30 p.m., Chez Josef, 176 Shoemaker Lane, Agawam. For more information or to register, contact Diane Swanson at (413) 755-1313 or [email protected].
n Feb. 17 to March 31: Springfield Leadership Institute, TD Bank Conference Center, 1441 Main St., Springfield. To register, contact Lynn Johnson at (413) 755-1310 or [email protected].

Young Professional Society of Greater Springfield
www.springfieldyps.com
n Feb. 5: YPS’ 1st Annual WhirlyBowl, 3 to 6 p.m., WhirlyBall East Coast, 1265 John Fitch Blvd., South Windsor, Conn. Six teams of five players compete in a round-robin tournament. Rules will be reviewed by the referee prior to the tournament start. For more information about whirlyball, contact Nick Gelfand, tournament coordinator, at [email protected]. Cost: $25 (includes WhirlyBowl fee and use of arcade games; BYOB). Member-only event open to the first 30 paid participants.
n Feb. 17: Third Thursday, 5 to 8 p.m., Samuel’s Sports Bar & J. Quincy’s restaurant at the Basketball Hall of Fame, 1000 West Columbus Ave., Springfield. Sound and entertainment provided by Jx2 Productions. Cost: free for YPS members, $10 for non-members, includes food and cash bar.

Chicopee Chamber of Commerce
www.chicopeechamber.org
(413) 594-2101
n Feb. 16: Annual Meeting, Salute Breakfast, 7:15 to 9 a.m., Castle of Knights, 1599 Memorial Dr., Chicopee. Cost: $18 for members, $25 for non-members.
n Feb. 23: Business After Hours, 5 to 7 p.m., Elms College, 291 Springfield St., Chicopee. Cost: $5 for pre-registered members, $7 for members at the door, $15 for non-members. For more information or tickets, contact www.chicopeechamber.org.

Greater Holyoke Chamber of Commerce
www.holycham.com
(413) 534-3376
n Feb. 16: Chamber After Hours, 5 to 7 p.m., Holyoke Transportation Center, 206 Maple St. Sponsored by the Elms College and Holyoke Community College. Cost: $5 for members, $10 cash for non-members.
n Feb. 18: Issues 2011 Legislative Luncheon, Log Cabin Banquet and Meeting House, 500 Easthampton St., Holyoke. Guest: Speaker of the House Robert DeLeo. Sponsored by the Republican, Holyoke Medical Center, Center School, PeoplesBank, Dowd Insurance, Holyoke Community College, Goss & McLain Insurance, and Resnic, Beauregard, Waite & Driscoll. Cost: $35. For reservations, call the chamber office at (413) 534-3376.

Greater Northampton Chamber of Commerce
www.explorenorthampton.com
(413) 584-1900
n Feb. 2: February Arrive@5, 5 to 7 p.m., the Garden House at Look Park, 300 North Main St., Florence. Cost: $10 for members.
n Feb. 8: February Meet & Eat Breakfast, 7:30 to 9 a.m., Union Station, 125 Pleasant St., Northampton. Table Topic: Uncommon Sense with Two-Step Clarity, featuring Ann Latham from Uncommon Clarity Inc. Sponsored by Greenfield Community College and Royal LLP. Cost: $15 for members.

Northampton Area Young Professional Society
www.thenayp.com
(413) 584-1900
n Feb. 10: Party with a Purpose, 5 to 8 p.m., Page’s Loft Restaurant & Events, Clarion Hotel, 1 Atwood Dr., Northampton. Cost: free for members, $5 for non-members.

Three Rivers Chamber of Commerce
www.threeriverschamber.org
(413) 283-6425
n Feb. 7: Annual Dinner, 6 p.m., Pinocchio’s Ristorante, 2054 Bridge St., Three Rivers. The annual dinner starts at 6 for drinks and networking, dinner is served at 6:30, and a brief business meeting immediately follows dinner. Cost: $17. For tickets, call Fred Orszulak, chamber president, at (413) 283-7400.

People On the Move

By BusinessWest Staff February 1, 2011

Departments People on the Move

The Holyoke-based accounting firm Meyers Brothers Kalicka, P.C. announced the following:

James T. Krupienski

• James T. Krupienski, CPA, MSA has been promoted to Senior Manager in the Audit and Accounting Division of the firm. In this role, he will be a key contributor in two distinct niches within the firm. A member of MBK’s health care niche, Krupienski works with an array of medical and dental groups in Western Mass. and Connecticut, providing accounting and consultative services. He also brings 10 years of experience to the firm’s employee-benefits division, providing a strong focus on compliance audits and employee-benefit-related consultative services.

Scott Adams

• Senior Associate Scott Adams has earned the certified valuation analyst (CVA) designation through the National Assoc. of Certified Valuation Analysts (NACVA). Business valuations are a tool often used by business owners, stockholders, bankers, financial planners, attorneys, and others, when an objective analysis of a business worth is indicated. This may occur in scenarios that range from mergers and acquisitions, succession planning, stockholder disputes, estate planning, and gifting to transitional life events such as divorce. The certified valuation analyst is the premier accreditation for providing business valuation and litigation support consulting services, and the certification process is open only to licensed, certified public accountants who meet NACVA’s rigorous standards of professionalism, expertise, objectivity, and integrity.
•••••
Julie Cowan has been appointed to the Board of Trustees of the Clarke Schools for Hearing and Speech in Northampton. Cowan is a Vice President for Commercial Lending at TD Bank.
•••••

Pamela Wells

Pamela Wells, Resident Service Manager at the Springfield Housing Authority, was recently appointed to the Springfield Advisory Board of the Department of Transitional Assistance. Her appointment to the advisory board is through 2013.
•••••
American International College in Springfield announced the following:
• Thomas E. Dybick has been appointed Vice President for Finance; and
• Linda Dagradi has been hired as the Associate Vice President for Student Financial Services.
•••••

Mary Fallon

Mary Fallon, Media Director at Garvey Communication Associates Inc., recently attained Google AdWords Individual Certification. Fallon passed two exams to gain certification, including an advanced-level exam on search advertising covering best practices for managing AdWords campaigns.
•••••
William Murphy has joined Connie Laplante Real Estate in Franklin, Hampshire, and Hampden counties. Real-estate offices are located in Belchertown and South Hadley.
•••••
Marcos A. Marrero recently joined the Pioneer Valley Planning Commission in Springfield as a Land Use and Environment Planner.
•••••
Christina Cronin was recently qualified as a Certified Fund-raising Professional by CFRE International. Cronin is Director of Major Gifts and Campaign Coordinator for Wilbraham & Monson Academy.
•••••

Kimberly A. Klimczuk

Attorney Kimberly A. Klimczuk has returned to Skoler, Abbott & Presser, P.C., in Springfield. Her focus is labor law and employment litigation.
•••••
Arthur Marshall has been awarded the accredited Senior Appraiser designation by the American Society of Appraisers. He is employed at Berry, Dunn, McNeil & Parker.
•••••

Caroline Fisher

Caroline Fisher, M.D. Ph.D., has been appointed Medical Director of Child and Adolescent Services at Providence Behavioral Health Hospital in Holyoke. In addition to her responsibilities in Holyoke, she serves as Medical Director of Pediatric Behavioral Health, LLC, in West Boylston, and as editor-in-chief of the Carlat Child Psychiatry Report.
•••••
U.S. Sen. Scott P. Brown has named Nick Powers to serve as his Constituent-services Representative for Western Mass. Powers is available to provide assistance to constituents in navigating federal programs ranging from veterans’ benefits to Social Security.
•••••

Bethany Hinton

Bethany D. Hinton has been named Loan Servicing Officer of Florence Savings Bank.
•••••
Certified Public Accountant Linda Syniec has joined the firm of S. Reichelt & Co. Her expertise is in providing tax services to clients in most every industry group, including closely held private companies and high-net-worth individuals.
•••••
The Western Massachusetts Jewish Ledger announced the region’s Jewish Movers & Shakers for 2010:
• Robert Engell, working in health care management, has used his experience to help rebuild the health care system in Afghanistan;
• Susan Jaye-Kaplan, co-founder of Link to Libraries, collects and distributes new and gently used books to elementary-school libraries and nonprofit organizations for children in Western Mass. and Northern Conn.;
• Jeremy Pava has served on the board of the Harold Grinspoon Foundation for 20 years, and is president of the Hebrew High School of New England;
• Rabbi Saul Perlmutter instituted the Ride to Provide, an annual event for students at UMass Amherst Hillel that brings cyclists together to raise funds and to enjoy a scenic bike ride through Amherst. In addition, an executive director of the Hillel House for more than 35 years, Perlmutter has helped UMass Hillel grow from an office in the Student Union to a three-story building and a home to Jewish students at the school. Along with his responsibilities at Hillel, Perlmutter is also rabbi at Congregation Sons of Zion in Holyoke;
• Shamu Sadeh is director of ADAMAH, the farming fellowship for young Jews at the Isabella Freedman Jewish Retreat Center. A leader in the Jewish food movement, Sadeh is an environmental-studies instructor, Jewish educator, writer, organic farmer, and wilderness guide;
• Barbara Sanofsky founded the Pioneer Valley chapter of the Pomegranate Guild of Judaic Needlework, an organization of Jewish needle artists that create ceremonial objects for their synagogues, homes, and communities. She has been named president of the national organization, which has chapters throughout North America; and
• Ruth Webber recently received the 2010 Kipnis Wilson/Friedland Award, the biennial lifetime achievement award given by the Jewish Federations of North America.
•••••
PeoplesBank of Holyoke announced the following:

Heidi Nowak

• Heidi Nowak Leonard has been appointed a Mortgage Consultant. She is responsible for residential mortgage business in the Greater Westfield area; and

Kate Reagan

• Kate Reagan has been appointed a Mortgage Consultant. She will be responsible for residential mortgage business in South Hadley, Northampton, Easthampton, and the surrounding areas.
•••••

Kate Phelon

Kate Phelon has been named executive director of the Greater Westfield Chamber of Commerce.
•••••
Erik Skar has been named Vice President of the Board of Directors at the Pioneer Valley Montessori School of Springfield. He is a financial-services professional at MassMutual.
•••••
The law firm Shatz, Schwartz and Fentin, of Springfield and Northampton, has several members currently serving on boards and committees throughout the region, including:
• Ellen W. Freyman, appointed by Gov. Deval L. Patrick to the Springfield Technical Community College Assistance Corp.;
• L. Alexandra Hogan, serving as a member of the board of Junior Achievement of Western Massachusetts; and
• Carol Cioe Klyman, named to the editorial board of the National Academy of Elder Law Attorneys Journal.
•••••
Merriam-Webster Inc. of Springfield announced the following:
• Jane Mairs has joined the firm as Director of English Language Learning Publishing;
• Meghan Lieberwirth has been promoted to Director of Marketing; and
• Matthew Dube has been named Business Development Manager.
•••••
The Williston Northampton School announced the following:
• Peter Valine has been named Dean of Faculty; and
• Jen Fulcher has been named Director of the Middle School.

Briefcase

By BusinessWest Staff February 1, 2011

Briefcase Departments

West of the River Chambers Leaves ACCGS; Affiliates with MassCBI
EAST LONGMEADOW — The West of the River Chamber of Commerce (WRC) recently announced its newly developed management relationship with the Mass. Chamber of Business & Industry Inc. (MassCBI), of East Longmeadow, severing its ties with the Affiliated Chambers of Commerce of Greater Springfield (ACCGS) that go back 40 years. The WRC, which serves the cities of Agawam and West Springfield, will be managed by MassCBI under the leadership of Debra Boronski, whose organization will oversee all of its management needs. “The WRC is the primary advocate and resource for business in Agawam and West Springfield; we felt it was time to take a new direction in the management of our chamber in a way that best suits the needs of our members,” said Remo Pizzichemi, vice chair of the West of the River Chamber. “We will remain a local, independent chamber of commerce representing Agawam and West Springfield businesses and will continue to offer our members the local benefits they have always enjoyed as well as the lobbying and legislative expertise of Ms. Boronski.” The new management relationship with the Massachusetts chamber will extend current benefits by offering WRC members access to the MassCBI monthly Legislative Newsletter which provides up-to-date information on laws and regulations that impact their business. “I am pleased to welcome the West of the River Chamber and its 250 member businesses to MassCBI,” said Boronski, “and look forward to working with the WRC board, committees, and leaders of its member companies, many of whom I have a long history with.” In 2008, the West Springfield and Agawam chambers of commerce were combined to form the WRC. The chamber hosts a number of meetings and events each year, including FoodFest West, a golf tournament, educational seminars, networking events, and debates for candidates in Agawam and West Springfield, and has recently launched a manufacturing committee. ACCGS President Jeffrey Ciuffreda said member businesses that are part of the WRC will continue to be represented through ACCGS until their current membership expires, which is different for each member. “We welcome these businesses to renew their memberships with ACCGS to continue the high level of service they have come to expect from the chamber,” he noted. “ACCGS continues to believe in its original mission and philosophy — the business community is best served by a regional approach, speaking in one voice to government representatives, policy makers, other businesses, and business-related organizations. The ACCGS will continue to speak out with a singular voice on issues facing businesses throughout Greater Springfield. The action taken by the WRC Board of Directors will have no impact on the services, member benefits, educational programs, legislative advocacy, or networking opportunities provided by ACCGS to its member base. Despite the WRC board’s decision, it is business as usual for the ACCGS.”

Caret Named to Lead UMass System
BOSTON — The Board of Trustees of the University of Massachusetts recently unanimously elected Robert Caret president of the five-campus university system. Caret, the president of Towson University in Maryland, will succeed retiring UMass President Jack Wilson, who steps down on June 30. “After conducting an exhaustive search, we selected a president with the qualifications, the character, and the vision to lead our university system forward and to build upon the strengths of our world-class university system,” said James Karam, head of the search committee and acting chair of the UMass Board of Trustees, in a statement. “It is an honor to have been asked to lead this world-class and world-renowned university system,” said Caret in a statement. “The University of Massachusetts is one of the nation’s premier public research universities and provides a beacon of hope and opportunity for so many. I look forward to building upon its tradition of excellence in academics, research, and public service.” Caret, 63, has been the president of Towson University since 2003. He served as a faculty member, dean, executive vice president, and provost of Towson University for 21 years before leaving to assume the presidency of San Jose State University in 1995. Caret is credited with helping to reinvigorate the San Jose State University campus, and he championed a joint city/university effort to build the Martin Luther King Jr. Library there. As president of Towson University, Caret has created partnerships with regional business, nonprofit, and civic organizations in Maryland. He became a founding member of the Maryland Business Council in 2004 and serves as the honorary chairman of the Maryland Council on Education. He is a member of the Board of Directors of the CollegeBound Foundation, the Board of Governors for the Center Club, the Governor’s Workforce Investment Board, and the P-20 Leadership Council. He also serves on the Board of Directors for 1st Mariner Bancorp and on the Board of Advisors for Evergreen Capital LLC. He was inducted into the Baltimore County Chamber Business Hall of Fame in 2006 and was awarded the Towson University Hillel Gesher Award in 2010. Caret is a member of the University of Maryland Foundation Board of Directors. He recently served on the NCAA Presidential Task Force on the Future of Intercollegiate Athletics and is a member of its Presidential Advisory Group and Football Academic Working Group. He also has served on the American Flag Foundation Board of Directors, the Board of Directors of the American Council of Education (ACE), and the Board of Directors for the American Assoc. of State Colleges and Universities (AASCU). He currently serves on the executive steering committee of the AASCU Millennium Leadership Initiative (MLI). Caret has authored many articles on chemistry, chemical education, and higher education for business and professional publications. He is the co-author of four textbooks in the fields of organic chemistry and allied health chemistry. The Maryland Chapter of the American Chemical Society recognized Caret’s achievements by honoring him with the George L. Braude Award in 2005. He is a native of Maine who received his Ph.D. in organic chemistry from the University of New Hampshire in 1974 and his bachelor of science degree in chemistry and mathematics from Suffolk University in 1969. Caret’s honorary degrees include a doctor of humane letters degree from San Jose State University (2004) and National Hispanic University (1997) and a doctor of science degree from Suffolk University (1996). Current UMass President Wilson is retiring from the presidency after eight years to return to teaching. He will become the distinguished professor of Higher Education, Emerging Technologies and Innovation at the University of Massachusetts Lowell.

More State Residents
Lost Homes to
Foreclosure in 2010
BOSTON — The number of completed foreclosures in Massachusetts jumped almost 32% in 2010 to 12,233, up from 9,269 in 2009, but did not surpass the record 12,430 foreclosures recorded in 2008, according to the latest report from the Warren Group, publisher of Banker & Tradesman. The number of foreclosure petitions, meanwhile, declined 14.3% to 23,933 last year from 27,928 in 2009. “It’s a big concern that more homeowners lost their homes to foreclosure in 2010 than in the prior year,” said Timothy Warren Jr., CEO of the Warren Group, in a statement. “One bright spot is that fewer people entered the foreclosure process compared to a year ago. This is despite a slumping economy and high unemployment. These statistics for petitions to foreclose are skewed by lenders who slowed their foreclosure processing in the last four months of the year. It’s important to remain cautious heading into 2011, and not assume we are out of the woods yet.” Foreclosure petitions — the first step in the foreclosure process in Massachusetts — dropped dramatically in December. A total of 733 starts were recorded, a 64.4% drop from 2,060 in December 2009. Petitions also dropped from November 2010, when there were 1,109 starts recorded. The number of foreclosure petitions exceeded 2,000 for eight months in 2010, falling below that level for the past three consecutive months. In December, there were 481 foreclosure deeds, a nearly 44% drop from 857 deeds recorded in December 2009. Foreclosure deeds represent completed foreclosures. Deeds bumped up in December from a month earlier; there were 418 recorded in November. Foreclosure deeds reached their highest point earlier in the year, peaking at 1,391 in March. Both foreclosure petitions and deeds dropped in the fourth quarter. A total of 2,969 foreclosure petitions were recorded in the fourth quarter of 2010, down almost 53% from the 6,293 petitions during the same period in 2009. Foreclosure deeds dropped to 1,456 in the fourth quarter, a 41.1% decline from 2,473 deeds in the fourth quarter of 2009. The fourth quarter marked the slowest activity for both petitions and deeds this year. Year-to date petitions were down in every county except Nantucket County. A total of 88 foreclosure petitions were recorded in 2010, up almost 9% from 81 in 2009. On the contrary, deeds also increased in every county in 2010, except Nantucket and Dukes counties. There were 12 completed foreclosures in Nantucket County in all of 2010, down from 25 in 2009. Dukes County saw no change in its foreclosure deeds in 2010 — there were 38 completed foreclosures in both 2009 and 2010. The Warren Group also tracked a large increase in auction announcements in 2010. A total of 29,227 auction announcements were tracked in 2010, a 50.6% increase from 19,441 in 2009. Auction announcements in December totaled 1,076, a 50% drop from 2,152 in November, and also declined 44.3% from 1,931 during the same month in 2009.

Director Sought for Leadership Pioneer Valley
SPRINGFIELD — Leadership Pioneer Valley (LPV), a new regional leadership initiative for the 69 communities and three counties (Hampshire, Hampden, and Franklin) that comprise the Pioneer Valley, has launched its search for a program director. The director, who will be the first to hold this position, will oversee an array of LPV program activities, most importantly the recruitment of emerging, diverse leaders to strengthen the region by fostering a sense of community pride, responsibility, and dedication. Leadership Pioneer Valley is an advanced leadership-development program housed within the Pioneer Valley Regional Ventures Center Inc., the companion nonprofit of the Pioneer Valley Planning Commission. LPV was established last year to recruit, develop, and support succeeding generations of the region’s leaders through dynamic education and civic-engagement programs that foster the skills, collaboration, and commitment needed to build a healthy, vibrant, and culturally competent Pioneer Valley. The new program director will begin work with the aim of recruiting LPV’s first class for fall 2011 and continuing to direct its efforts. The job description for LPV program director is available at www.pvpc.org. Interested candidates must submit a cover letter, résumé, and three references via email by Feb. 1 to Search Committee Chair Ron Ancrum at the Community Foundation of Western Massachusetts; the address is [email protected].

Housing Market Remains ‘Very Volatile’
WASHINGTON — Permits for new homes jumped 16.7% in December compared with private-sector expectations of a 2.9% increase, according to the latest data on new residential construction in December from the Commerce Department’s U.S. Census Bureau. Scheduled changes in building codes in January in California, New York, and Pennsylvania may have been responsible for much of the December increase, as builders sought to obtain permits ahead of the code change. Housing starts declined 4.3% compared with private-sector expectations that they would remain virtually unchanged. “Today’s data show that the housing market is still very volatile from month to month,” said U.S. Commerce Secretary Gary Locke in a statement. “This administration is keenly focused on expanding employment and economic growth, and as job creation progresses, the incomes of the American people will strengthen and help put the housing market back on track.”

Company Notebook

By BusinessWest Staff February 1, 2011

Company Notebook Departments

Credit Union Unveils
New Brand ID
CHICOPEE — Alden Credit Union, formerly Aldenville Credit Union, has adopted a new brand identity and completed a major renovation of its main office. The credit union’s image makeover includes a new logo, new slogan — Banking. No Boundaries — and a new Web site. Although Alden’s core services and mission are not changing, the credit union has a renewed commitment to growing and serving an increasing number of members in Hampden and Hampshire counties, according to Alden President Adam Corcoran. He noted in a statement that the credit union remains an independent, nonprofit financial cooperative, owned and governed by its members. Corcoran added that the board of directors sought to modernize the credit union’s look and achieve differentiation from other area financial institutions. Alden’s main office, at 710 Grattan St., has been extensively renovated consistent with the new name and brand identity. Jos. Chapdelaine & Sons of East Longmeadow oversaw the renovation project. For more information on Alden Credit Union, visit
www.aldencu.com.

Columbia Gas Initiates Environmental Program; Partners with West Side on Project
WESTBOROUGH — Columbia Gas of Massachusetts recently announced an environmental initiative with the Nature Conservancy to support local projects. For each customer who enrolls in the Columbia Gas free direct e-bill paperless billing service between now and April 1, the company will contribute $10 to help the Nature Conservancy restore rivers for migratory fish in Southeastern Mass., and more natural water flows along the dammed waterways of the Connecticut River in Western Massachusetts. A check for the company’s contribution based on enrollment in the paperless billing service will be presented to the Massachusetts chapter of the Nature Conservancy on or before Earth Day, April 22. For more information, visit www.columbiagasma.com. In other company news, Columbia Gas recently announced its partnership with the city of West Springfield to look at energy-saving opportunities, particularly at West Springfield High School. The recently completed project invested in new, high-efficiency natural-gas boilers to replace the old, inefficient boilers. The new boilers are projected to significantly lower heating costs while maintaining a comfortable educational environment for the students, according to West Springfield Mayor Ed Gibson. Gibson noted in a statement that the project is estimated to save approximately $33,700 each year for the city, which represents an approximate savings of 27,000 therms annually. The annual energy saved from the single project is enough to heat approximately 33 homes for one year, added Gibson. Building on the success of the first project, Gibson and the city of West Springfield are working with TRANE (an energy-service company) to complete four additional school-building projects and a municipal office-building project. All five buildings are eligible to receive additional Columbia Gas incentives.

Elms Offers Sport Management Major
CHICOPEE — Beginning in the fall, Elms College will offer sport management as a full major. The revised program takes an interdisciplinary approach, combining coursework from accounting, management, marketing, law, coaching, psychology, and sociology with sports-management classes to deliver a unique and comprehensive curriculum. The blend of existing and new courses, and the inclusion of coaching courses in particular, set the program apart from its competitors, according to Elms College President Mary Reap, IHM, Ph.D., in a statement. The major also requires an internship. While the emphasis is on sport management, a 38-credit business core still serves as the foundation for the program, ensuring that students become proficient in the different functional areas of business. For more information, call the admission office at (413) 592-3189 or visit www.elms.edu/sportmanagement.

95,000 Pounds of Food Donated Through Big Y Program
SPRINGFIELD — In a chain-wide effort to help the hungry within their local communities, all Big Y Supermarkets initiated a Sack Hunger campaign during the holidays, which netted 95,000 pounds of food. More than 8,000 Big Y bags of food were recently distributed to area soup kitchens, food pantries, senior food programs, day-care centers and other agencies, according to Big Y President and COO Charles D’Amour. The program consisted of a large, green, reusable grocery bag filled with staple non-perishable food items selected by local food banks. The sacks included corn flakes, long-grain rice, elbow macaroni, kidney beans, peanut butter, cut green beans, sweet peas, whole-kernel corn, chunk light tuna, and quick oats. Big Y customers purchased the pre-assembled bags for $10 each, and then Big Y distributed the bags to each region’s local food bank for distribution to those in need. The campaign began Nov. 1 and ran through the end of 2010.

Holyoke Blue Sox Choose Design Group
HOLYOKE — The Wild Apple Design Group has been contracted by NECBL’s Holyoke Blue Sox to serve as its sales agency for all team promotional opportunities, according to Blue Sox owner Barry Wadsworth. The partnership will offer all-new, “exciting offerings” to businesses and fans, added Wadsworth. The Blue Sox will welcome fans to MacKenzie Stadium for a fourth season, playing 25 games in June and July. A not-for-profit team partially funded by Major League Baseball (MLB), the Blue Sox conduct educational school tours that promote great work ethics, fitness, and team play. Drawn from the top college programs in the country, many Blue Sox players are drafted into MLB teams, including the Red Sox, White Sox, Brewers, Nationals, Braves, Blue Jays, Tigers, Angels, and Mariners. Wild Apple Design Group is marketer and publisher of Town Planner, Your Community Calendar, which marks its 25th anniversary this year.

Amherst Firm Receives Honor Award
AMHERST — Kuhn Riddle Architects (KRA) has received the 2010 Honor Award from the Western Massachusetts American Institute of Architects for its ‘Meadow House.’ The award recognizes excellence in design and considers submissions by architects throughout Western Mass. Meadow House is a design for a group of sustainable homes on a rural site in Hadley. The single-story houses are 2,000 square feet with three bedrooms and an open floor plan. Jurors called the project “beautifully restrained,” noting that it revealed a “clarity, simplicity, and depth of understanding of the space.” The project’s site strategy was praised for “claiming the site without dominating it.” Two other KRA projects were recognized at the awards ceremony in December. KRA’s ‘Stanley Street Houses,’ which are featured in a recently published book on pro-bono projects, received a Special Mention Award. Jurors praised the way the project challenged the idea of what a Habitat for Humanity house can be while maintaining a clear connection to vernacular references. Also, the Ken Burns Wing of the Jerome Liebling Center was one of three projects recognized as a finalist. Jurors noted the successful way that the new addition both harmonizes and contrasts with the existing building.

Doing Business as Certificates

By BusinessWest Staff February 1, 2011

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of January 2011.

AGAWAM

Istanbul Mediterranean Grill
365 Walnut St.
Gani Dinc

Pizza House
846 Suffield St.
Erol Kumas

Ridgeway Plumbing & Heating
5 Ridgeway Dr.
Bruce Shelkey

Vintage Auto Pickers
23 Edgewood Lane
Donald A. Sorel Jr.

WAM III LLC Delivery Service
1178 Suffield St.
Walter Meissner

Window World of Western Mass.
351 Walnut St.
Robert Bushey Jr.

CHICOPEE

AJL Electric
95 St. Jacques Ave.
Alan J. Lubas

DMS Auto Body
393 Ludlow Road
Wesley D. Smith

Lombard Appraisals
246 Frontenac St.
Todd Lombard

New Asia Bakery & Grill
159 Grove St.
Youel C. Gato

Spruce Salon
920 Front St.
Kate Przybyl

Tony’s Auto Repair
341 Chicopee St.
Antonio Fronseca

GREENFIELD

Charmed Nails
41 Bank Row
Carrie Kuzmekus

Ken’s Jax Prep
40 School St.
Kenneth Lang

Ozzie’s Autobody
328 High St.
Tamas Mercher

SG Glassworks
34 Pierce St.
Susan Griswold

Star Dust RES Publishing
353 Conway St.
Robert E. Sweeney

HOLYOKE

Dairy Market
160-162 Lyman St.
Irfan Kashif

JMW Construction
6 Bray Park Dr.
James Wildman

Muse Custom Framing
220 South Water St.
Debra Luzny

Providence Prenatal Center of Holyoke
384 High St.
William Bithoney

Winners Internet Café
209 South St.
Jennifer Stambovsky

CNS Academy of Health Care Professionals
187 High St.
Marc Bealieu

LONGMEADOW

NCR Corporation
3095 Satellite Blvd.
Lyane Hight

LUDLOW

Domino’s Pizza
309 Center St.
John Gesualdi

Kleenrite Services
35 State St.
Rick Paixao

Marc’s Trucking LLC
810 Moore St.
Marc Toton

PALMER

Rebingham Inc.
166 Ware St.
Reginald Bingham

SOUTHWICK

Feed Warehouse
707 College Highway
Larry Bannish

Interstate Coach Builders
633 College Highway
Richard Battistoni

John Labelle Plumbing & Heating
17 Kimberly Dr.
John Labelle

Strain Family Equestrian Center
18 Vining Hill Road
William Strain

SPRINGFIELD

A & M Landscaping
18 Dubois St.
Edyta Halastra

A Brighter Future Childcare
83-85 Main St.
Michele T. Pepe

Art’s Gardens
27 Savoy Ave.
Arthur Martin

Bark & Park Mobile Grooming
44 West Crystal Brook Dr.
Angela M. Robinson

C & G Furniture Service
149 Bolton St.
Carlos Arce

Combo-Work
1500 Main St.
Neung Chummasorn

Cottage St. Motors LLC
807 Cottage St.
Vincenzo Botta

Felix Auto Sales
237 Dickinson St.
John DeCesare

Four Seasons Cyber LLC
296 Cooley St.
Jennifer D. Burritt

WESTFIELD

Ezra’s Mercantile
34 Elm St.
Lou Sirois

Flowers by Joanne
Aa1358 East Mountain Road
Joanne Janik

Roman Landscaping and Property Management
13 Furrow St.
Eric Roman

WEST SPRINGFIELD

DLP Hospitality
1080 Riverdale St.
Shailesh Patel

Gengras Motors Inc.
1712 Riverdale St.
Clayton Gengras

Kristen Walters Photography
138 Quarry Road
Kristen J. Walters

Memo’s Restaurant
1272 Memorial Ave.
Christine Pompi

Pat’s Auto Service
163 Norman St.
Richard D. Parenteau

R & D Inc.
1557 Riverdale St.
Dilip R. Rana

Royal Food Supplements
298 Elm St.
Nadezhda Koleznik

The Cleaning Elves
42 Chester St.
Roxanne S. Sjostrom

Welcome Inn
2041 Riverdale St.
Patel Pravinbhai

Bankruptcies

By BusinessWest Staff February 1, 2011

Bankruptcies Departments

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

487 St. James Ave., LLC
487 St. James Ave.
Springfield, MA 01109
Chapter: 7
Filing Date: 12/22/10

A.H. Renaud Construction
Renaud, Adam H.
Renaud, Dizaree S.
a/k/a Kabaniec, Dizaree S.
18 Cherokee Dr.
Springfield, MA 01109
Chapter: 7
Filing Date: 12/22/10

Ahearn, Patricia B.
203 Wolfswamp Road
Springfield, MA 01106
Chapter: 13
Filing Date: 12/22/10

Asselin, Peter Gerald
Asselin, Patricia Elizabeth
65 Old Farm Road
Westfield, MA 01085
Chapter: 7
Filing Date: 12/30/10

Avdoulos Builders
Avdoulos, Michael William
PO Box 302
Hampden, MA 01036
Chapter: 7
Filing Date: 12/29/10

Baker, Rebecca J.
11 Rogers Road
East Longmeadow, MA 01028
Chapter: 7
Filing Date: 12/21/10

Benoit, Raymond J.
Benoit, Linda D.
a/k/a Dastous, Linda Anne
22 Dubois St.
Westfield, MA 01085
Chapter: 7
Filing Date: 12/23/10

Bigelow, Keith M.
31-33 Chatham St.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 12/30/10

Bisson, Arthur
Bisson, Lori A.
5 Raymond Place
Athol, MA 01331
Chapter: 7
Filing Date: 12/28/10

Bobilin Construction
Bobilin, Richard E.
Bobilin, Heather L.
220 Ward Hill Road
Phillipston, MA 01331
Chapter: 7
Filing Date: 12/19/10

Boudreau, Elizabeth E.
7 Flynt Ave.
Monson, MA 01057
Chapter: 7
Filing Date: 12/21/10

Bouhafa, Mohamed Lamjed
61 St. James Ave.
Springfield, MA 01109
Chapter: 7
Filing Date: 12/28/10

Brown, Timothy K.
16 Lawndale St.
Springfield, MA 01108
Chapter: 7
Filing Date: 12/16/10

Bruce, Stephanie
1039 Berkshire Ave.
Springfield, MA 01151
Chapter: 7
Filing Date: 12/30/10

Brush, Edward G.
111 Temby St.
Springfield, MA 01119
Chapter: 7
Filing Date: 12/30/10

Buttlieri, Joseph A
233 East New Lenox Road
Pittsfield, MA 01201
Chapter: 7
Filing Date: 12/17/10

Cannon, John F.
Post Office Box 299
Pittsfield, MA 01202
Chapter: 7
Filing Date: 12/28/10

Canterbury, Joan M.
1136 Huntington Road
Huntington, MA 01050
Chapter: 7
Filing Date: 12/22/10

Chacon, Gonzalo
Chacon, Gloria
268 Newton Road
Springfield, MA 01118
Chapter: 7
Filing Date: 12/30/10

Clark, Kimberlee Ann
44 Chapel Road
Amherst, MA 01002
Chapter: 7
Filing Date: 12/16/10

Cochrane, Lauren D.
55 Hadley Village Road
South Hadley, MA 01075
Chapter: 7
Filing Date: 12/20/10

Colbert, Scott D.
20 Deerfield St.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 12/23/10

Colon, Michael
Colon, Anne E.
a/k/a Miranda, Anne E.
72D Edbert St.
Chicopee, MA 01028
Chapter: 7
Filing Date: 12/29/10

Corliss, Ronald H.
Corliss, Sharon M.
70 Old Fuller Road Ext.
Chicopee, MA 01020
Chapter: 13
Filing Date: 12/22/10

Crystal Creations
Naggar, Hubert
152 Bliss Road
Longmeadow, MA 01106
Chapter: 7
Filing Date: 12/29/10

Curtis, Thomas G.
P.O. Box 178
Pittsfield, MA 01202
Chapter: 7
Filing Date: 12/22/10

Cusson, Shannon
24 Holly St.
Chicopee, MA 01020
Chapter: 7
Filing Date: 12/21/10

Daponde, Jr., Douglas A.
136 Granville Road
Westfield, MA 01085
Chapter: 7
Filing Date: 12/17/10

DeAlmeida, Diana Charmaine
2 Oliver St.
Easthampton, MA 01027
Chapter: 7
Filing Date: 12/22/10

Del Pozzo, Susan Marie
a/k/a Cassessee, Susan M.
a/k/a Gassesse, Susan
87 Bessemer St.
Springfield, MA 01104
Chapter: 7
Filing Date: 12/30/10

Dixon-Willoughby, Milene R.
15 West Hill Road
Springfield, MA 01109
Chapter: 13
Filing Date: 12/21/10

Doe, Frank Rubin
93 Grochmal Ave., Lot 1
Springfield, MA 01151
Chapter: 7
Filing Date: 12/20/10

Dunn, Christopher R.
Dunn, Jennifer L.
737 Northbranch Parkway
Springfield, MA 01119
Chapter: 7
Filing Date: 12/21/10

Ellis, Michael Edward
Ellis, Lisa Ann
a/k/a Brown, Lisa Ann
283 Spikenard Circle
Springfield, MA 01129
Chapter: 7
Filing Date: 12/30/10

Fountain, Harold C.
Fountain, Mildred M.
1260 Main St.
Agawam, MA 01001
Chapter: 7
Filing Date: 12/28/10

Fraser, Genevieve C.
211 Dana Road
Orange, MA 01364
Chapter: 7
Filing Date: 12/20/10

Gagliardi, Joseph F.
577 Suriner Road
Becket, MA 01223
Chapter: 7
Filing Date: 12/30/10

Gauthier, Laurie M.
16 Pioneer Way
Springfield, MA 01119
Chapter: 7
Filing Date: 12/20/10

Grant, Justine M.
16B Bridge Ct.
PO Box 528
Gilbertville, MA 01031
Chapter: 7
Filing Date: 12/22/10

Greenway, Richard
107 Aldrew Ter.
Springfield, MA 01119
Chapter: 7
Filing Date: 12/30/10

Gunnell, Wayne Howard
28 Metropolitan Court
Athol, MA 01331
Chapter: 7
Filing Date: 12/30/10

Hague, William G.
485 South St., Apt. 41
Holyoke, MA 01040
Chapter: 7
Filing Date: 12/17/10

Hardaker, Christine L.
248 Nonotuck Ave.
Chicopee, MA 01013
Chapter: 7
Filing Date: 12/30/10

Hensley, James D.
18 A. Lynch Road
Monson, MA 01057
Chapter: 7
Filing Date: 12/22/10

Hogan, Alice F
155 Nonotuck St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 12/21/10

Hulse, Theresa A.
181 Hanson Dr.
Springfield, MA 01128
Chapter: 13
Filing Date: 12/23/10

Ihedigbo, Joy C.
2082 Page Blvd.
Indian Orchard, MA 01151
Chapter: 7
Filing Date: 12/22/10

Jackman, Robert E.
801 Pochassic Road
Westfield, MA 01085
Chapter: 7
Filing Date: 12/23/10

James, Jimmie R.
James, Valerie M.
134 Catharine St.
Springfield, MA 01109
Chapter: 7
Filing Date: 12/28/10

Jenson Books
Wilson, Jenine M.
a/k/a Cafarella-Wilson, Jenine M.
155 Wells St.
Greenfield, MA 01301
Chapter: 7
Filing Date: 12/28/10

Kari, John P.
695 Orange Road
P O Box 695
Orange, MA 01364
Chapter: 7
Filing Date: 12/28/10

King, Bonnie L.
1089 Mohawk Trail
Shelburne Falls, MA 01370
Chapter: 7
Filing Date: 12/22/10

Lachance, Jeanette I.
55 North Main St. #15
Belchertown, MA 01007
Chapter: 7
Filing Date: 12/16/10

Lam, Andrew N.
243 Abbott St.
Springfield, MA 01118
Chapter: 7
Filing Date: 12/21/10

Lauer, Annmarie
a/k/a Baillargeon, Annmarie
20 Nash St.
Chicopee, MA 01013
Chapter: 7
Filing Date: 12/16/10

LeBlanc, Robert J.
28 Lenox Circle
Athol, MA 01331
Chapter: 7
Filing Date: 12/19/10

Libiszewski, Thomas P.
5 Fayette St.
Springfield, MA 01118
Chapter: 13
Filing Date: 12/20/10

Luckham, Adrian Gerald
Durette-Luckham, Karola Elvira
68 Warregan St.
Chicopee, MA 01013
Chapter: 13
Filing Date: 12/30/10

Lyons, Kimberly A.
45 Kimberly Ave.
Springfield, MA 01108
Chapter: 7
Filing Date: 12/16/10

Malik, Usman H.
152 Belmont Ave.
Springfield, MA 01108
Chapter: 7
Filing Date: 12/21/10

Martin, Rita Jacqueline
1121 James St.
Chicopee, MA 01022
Chapter: 7
Filing Date: 12/21/10

Masse, Michael D.
6 Reeves St.
Adams, MA 01220
Chapter: 13
Filing Date: 12/30/10

McLain, Forist
McLain, Kathleen Janet
172 Walker St.
North Adams, MA 01247
Chapter: 7
Filing Date: 12/23/10

Mellis, Cheryl E.
11 Colony Road
Springfield, MA 01106
Chapter: 7
Filing Date: 12/17/10

Miranda, Kevin J.
77 Green Lane
Springfield, MA 01107
Chapter: 7
Filing Date: 12/30/10

Moore, Elena M.
53 Lemuel Ave.
Chicopee, MA 01013
Chapter: 7
Filing Date: 12/23/10

Moschetti, John F.
Moschetti, Jennifer S.
2 Channing Road
East Longmeadow, MA 01108
Chapter: 7
Filing Date: 12/21/10

Murphy, Linda A.
264 Fuller St.
Ludlow, MA 01056
Chapter: 7
Filing Date: 12/21/10

Nhong, Jadwiga
195 Grattan St.
Chicopee, MA 01020
Chapter: 7
Filing Date: 12/30/10

Orszak, Ami May
26 Sargon St.
Springfield, MA 01104
Chapter: 7
Filing Date: 12/28/10

Ozner, Michael L.
PO Box 522
Lee, MA 01238
Chapter: 13
Filing Date: 12/22/10

Pena, Carlos
29 Verge St.
Springfield, MA 01129
Chapter: 13
Filing Date: 12/16/10

Piepul, John M.
47 Williams St.
Shelburne Falls, MA 01370
Chapter: 7
Filing Date: 12/23/10

Plante, Thomas James
Plante, Nancy Jean
a/k/a Charest, Nancy J.
a/k/a Kennedy, Nancy J.
PO Box 432
Becket, MA 01223
Chapter: 7
Filing Date: 12/30/10

Poole, Gina M.
a/k/a Bevilacqua, Gina M.
3 Rosedell Dr. Ext.
Westfield, MA 01085
Chapter: 7
Filing Date: 12/16/10

Post, Christopher M.
Post, Deana A.
407 Tyler St.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 12/21/10

Pucko, Richard G.
Pucko, Sherry L.
Greenfield, MA 01301
Chapter: 7
Filing Date: 12/28/10

Riley, Jessica A.
196 Wilbraham Road
Monson, MA 01057
Chapter: 7
Filing Date: 12/21/10

Romero, Tiburcio
PO Box 1421
Springfield, MA 01101
Chapter: 7
Filing Date: 12/20/10

Ross-Hamilton, Cynthia J.
119 Bliss Hill Road
Royalston, MA 01368
Chapter: 7
Filing Date: 12/28/10

Sabelli, Jeffrey Charles
20 Jenks St.
Amherst, MA 01002
Chapter: 7
Filing Date: 12/22/10

Santiago, Juana M.
23 Draper St.
Springfield, MA 01108
Chapter: 13
Filing Date: 12/23/10

Schofield, Timothy J.
73 North Lake Ave.
Southwick, MA 01077
Chapter: 7
Filing Date: 12/23/10

Serrenho, Daniel P.
48 Tiderman Road
Wales, MA 01081
Chapter: 7
Filing Date: 12/29/10

Skiffington, Lee Allen
Skiffington, Sarah Lynn
43 Harrison Ave.
Greenfield, MA 01301
Chapter: 7
Filing Date: 12/29/10

Smith, Maria L.
P.O. Box 1515
Warren, MA 01083
Chapter: 7
Filing Date: 12/19/10

Sullivan, Karen Elizabeth
a/k/a Nytch, Karen
6-A Elm Circle
South Deerfield, MA 01373
Chapter: 7
Filing Date: 12/30/10

Tong, Bao N.
21 Laurel Ave.
Westfield, MA 01085
Chapter: 7
Filing Date: 12/22/10

Torra, Paul J.
61 Baystate Road
Pittsfield, MA 01201
Chapter: 7
Filing Date: 12/30/10

Troy, James
Troy, Angela
a/k/a Soares, Angela M.
a/k/a Jollimore, Angela S.
219 Doreen St.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 12/30/10

Truninger, Diane E.
11 Williams St. #2
Northampton, MA 01060
Chapter: 7
Filing Date: 12/17/10

Urena, Henry A.
49 Palmer Ave.
Springfield, MA 01105
Chapter: 7
Filing Date: 12/30/10

Vandoros, Angelo G.
Vandoros, Deborah L.
58 Apple Road
Brimfield, MA 01010
Chapter: 7
Filing Date: 12/20/10

Verrocchi, Andrew T.
P.O.Box 602
Monson, MA 01057
Chapter: 7
Filing Date: 12/23/10

Viel, Robert R.
23 Mitchell Dr.
Chicopee, MA 01022
Chapter: 7
Filing Date: 12/22/10

Visneau, Cheryl
29 Pelham St.
Springfield, MA 01109
Chapter: 7
Filing Date: 12/19/10

Wallace, Ted
275 Chestnut St., #419
Springfield, MA 01104
Chapter: 7
Filing Date: 12/30/10

Watkins, Sandra I.
289 East Hadley Road
Amherst, MA 01002
Chapter: 7
Filing Date: 12/16/10

White, Kathryn Dee
168 Main St.
Haydenville, MA 01039
Chapter: 7
Filing Date: 12/17/10

Wray, Craig R.
51 Church St., Apt. 3
Greenfield, MA 01301
Chapter: 7
Filing Date: 12/16/10

Building Permits

By BusinessWest Staff February 1, 2011

Building Permits Departments

The following building permits were issued during the month of January 2011.

AGAWAM

H.P. Hoods
233 Main St.
$8,000 — Construct 10’-by-10’ office

CHICOPEE

Community Development
5 West Main St.
$175,000 — Removal of two oil tanks and demo of concrete vault

St. Anthony’s Church
56 Anthony St.
$80,000 – Construct 36’-x-24’ garage and porch

GREENFIELD

Jack D. Curtiss
173 Main St.
$9,500 — Insulate walls with brown cellulose

Jimbob Realty, LLC
1 Main St.
$8,600 — Roof repair

John J. Metelica
366 Deerfield St.
$4,500 — Sheetrock fire-damaged bathroom and construct second means of egress

Town of Greenfield
125 Federal St.
$28,000 — Replace two portions of membrane roof

HOLYOKE

South Street Plaza Associates, LLC
209-239 South St.
$119,000 — Interior fit-up for new laundromat

LUDLOW

All Day All Night Fitness
50 East St.
$37,000 — New roof

NORTHAMPTON

Northampton Lumber Company
256 Pleasant St.
$4,000 — Install metal roof

PALMER

Patch Corporation
3086 South Main St.
$3,000 — Construct storage shed

SOUTHWICK

William Gabel
63 Feeding Hills St.
$5,000 — New scoreboard at the school field

SPRINGFIELD

AIC
1020 State St.
$3,800 — Partition-off openings to create separate office spaces

City of Springfield
765 State St.
$116,500 — New roof

CMSA Holding
748 State St.
$6,000 — New mechanical closet

Mass Park Realty
185 Spring St.
$118,000 — Construct 489 square feet of office space in the warehouse area

Springfield Renewal
42-44 Chapel St.
$13,000 — Renovations

WESTFIELD

David Schenna
845 Airport Industrial Park Road
$15,000 — Renovations

Lansdowne Place Limited
38 Thomas St.
$6,000 — Renovate first-floor common area bathroom

WEST SPRINGFIELD

United Bank
95 Elm St.
$1,003,000 — Renovate three floors of bank facility

Picture This

By BusinessWest Staff February 1, 2011

Departments Picture This

Business Expo

The Professional Women’s Chamber (PWC) staged its 13th Annual Business Expo on Jan. 19, 2011 at the MassMutual Room at the Basketball Hall of Fame. Nearly 50 exhibitors from a variety of business sectors participated in the tabletop event. Attendees found information on business and personal banking, finances, insurance, graduate schools, beauty products, and nonprofit organizations. Each year, the PWC conducts the expo to give its members an opportunity to showcase their business or organization and to give attendees a chance to network with other women executives. Proceeds from the expo go to support the PWC Scholarship Fund, which helps women in transition returning to the workforce. Top left, members of the PWC Board of Directors, from left, Ellen Albano, Ellen Desmarais, Lisa Lemon, Janet Casey, and Tony Scibaldi (president), with Jeannie Filomeno, a representative of Marcotte Ford. Left, representatives of Loomis Communities await visitors to their booth.

Top of the City

The Springfield Technical Community College Foundation recently staged its annual Top of the City event in Scibelli Hall. The networking event doubles as a fun-raiser, with proceeds from a giant raffle going to the foundation and its many endeavors. Below (from left): Ellen W. Freyman, Esq., of Shatz, Schwartz and Fentin, P.C., and a member of the STCC Foundation Board of Directors; Ron Ancrum, president of the Community Foundation of Western Mass.; and Jane Roulier. Bottom (from left): William Bennett; Debra A. Kaylor, CPA, of Meyers Brothers Kalicka, P.C., and an STCC trustee; Hector F. Toledo, chairman of the STCC Board of Trustees and vice president of Retail Sales at Hampden Bank; and Myra D. Smith, STCC vice president for Human Resources and Multicultural Affairs.

Developmental Delay or Disability?

By BusinessWest Staff February 1, 2011

Sections Supplements

Making Early Identification of Your Child’s Special Needs

Melissa R. Gillis

Dennis G. Egan

Parents of young children, particularly children under the age of 5, often wonder whether their child is meeting all the important developmental milestones. Many guiltily admit that they want to know how their son or daughter compares to other kids their age, and they become concerned if they hear that another child can do something theirs cannot.
Sometimes these worries simply trouble loving parents who want the best for their children, and they soon realize that their child just needed a little more time to accomplish the same task. Other times, and at an ever-rising level over the past decade, the concerns of parents are justified, leaving them to wonder, ‘what do I do now, and whose attention can I bring this to?’
If this situation sounds familiar, the first step in the identification process is to bring your concerns to your child’s pediatrician. The doctor can be a very powerful influence when making the initial decision about whether to seek formal testing, and also later when determining what types of services are important and appropriate.
Between the ages of 1 and 3 (or prior to the start of preschool), your child is entitled to a free assessment/screening, typically referred by a pediatrician. This is usually performed by the infant-and-toddler program in your area. If the results of the assessment indicate and identify a need, the commonwealth will provide your child with certain services, potentially in and out of your home, free of charge.
Once your child reaches the age of 3, the types and availability of those services may change. These are the preschool years, whereby your child will receive services through an individual education program (IEP) designed just for them and administered by the early-intervention program located within your town. This IEP, subject to review and revision, follows your child into kindergarten at age 5 and beyond. Parents have a right to be involved in the contents of the IEP, and you should remain as involved as possible.
From the special-education perspective, having a child attend a private or public preschool can be pivotal. Preschool is often the first social interaction outside the home or parent-supervised playdates a child has. Because there are so many quickly changing and growing stages up until the time a child begins to read and write, there is more than one appropriate time to discover a special need.
When your child has been attending a private preschool, and you learn that early intervention is needed, you may be faced with the difficult decision of whether to take the child out of the private school, where he or she has become comfortable, and enroll them in your town’s early-childhood program. You may ponder the benefit of continuing to pay for a more expensive private school when a public alternative is available.
It is important to note, however, that the private preschool can still be used as a valuable social-skills developmental tool for continued interaction in a safe environment that your child already trusts. In those instances, the private preschool can be used in conjunction with the town program for services to ensure that your child is receiving the best overall services and is engaged in the best possible action plan to suit his or her particular need.
Prior to the preschool years, your child may not yet have been identified as having a special need for which services are required and necessary. It is important to recognize that the lack of identification is not necessarily a parental failure, but can be due to the fact that your child has not yet been placed in a situation where his or her need would be discovered. Parents should always embrace the assessment suggestion and never shy away from it. Neglecting to identify your child’s need sets them up for unnecessary difficulties in later school years. Early intervention can have a huge impact on the overall development of a child and his or her ability to succeed in school.
By way of example, a trained preschool teacher can recognize and identify issues involving hand-eye coordination, speech, and independent social interactions that may not be obvious to a parent who is with their child every day. If a teacher suggests that your child should have an assessment, it is because they have observed your child on multiple occasions having difficulties or experiencing an inability to meet a developmental stage that is imperative to continued learning and/or social development. Additionally, sometimes a need is not discoverable until kindergarten or even first grade, when a child begins to read, write, and engage in reading comprehension. A disservice is done to a child, however, if an assessment is not performed when a delay or disability is suspected.
Remember, you are your child’s strongest advocate. If you suspect your child may have a special need, show your strength and concern as a parent and get them the assistance they are entitled to.

Melissa R. Gillis, Esq. is an associate with Bacon Wilson, P.C. in the special-education, family, and real-estate departments; (413) 781-0560; [email protected]. Dennis G. Egan Jr. is an associate with Bacon Wilson, P.C, concentrating in special-education, business, and corporate law; (413) 781-0560; [email protected]

An Important Learning Curve

By BusinessWest Staff February 1, 2011

Sections Supplements

Educational Tax Credits Help Defray the Costs of Higher Education

Sean Wandrei

As most of us know, higher-education costs are climbing at a staggering pace. To provide some relief to taxpayers, there are two credits they can take advantage of on their 2010 tax returns.
This article will provide an overview of the higher-education credits available and how they may be used in tax planning and financing your student’s education.
The credit that most taxpayers take advantage of is the American Opportunity Tax Credit (AOTC), which modified and replaced the Hope Credit through 2012. The AOTC was created by the American Recovery and Reinvestment Act of 2009 and was originally available for 2009 and 2010. The recent tax-relief package, the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010, extended the AOTC for two years, through Dec. 31, 2012. The second credit, the Lifetime Learning Credit, has been around for many years but, as discussed below, is less advantageous than the AOTC.
Each credit is based on the amount of qualified tuition and related expenses paid for an eligible student at an eligible education institution, and is subject to income limits of the taxpayer. Qualified tuition and related expenses are defined as out-of-pocket cost for tuition and fees required for enrollment or attendance at an eligible educational institution. For the AOTC, expenses for qualified course materials may also be used to compute the credit. Cost for room and board, insurance, medical expenses, and transportation do not qualify for the credit.
There are some common elements of these education credits — a joint return must be filed by married taxpayers claiming either credit (no married-filing-separately returns), a taxpayer cannot claim a credit and also claim a deduction for those same higher-education expenses, there is no carry-forward of an unused credit, and each credit is claimed in the year the expenses are paid if the education commences during that year or during the first three months of the next year.
As stated before, the ATOC is a modification of the Hope Credit and basically replaces the Hope Credit through 2012. The credit amount is the sum of 100% of the first $2,000 of qualified tuition and related expenses plus 25% of the next $2,000 of qualified tuition and related expenses, for a total maximum credit of $2,500 per eligible student per year. The credit is available for the first four years of a student’s post-secondary education (college). Up to 40% of the credit amount (max of $1,000) is refundable should the taxpayers’ tax liability be insufficient to offset the non-refundable credit amount (max of $1,500). The credit starts to phase out ratably for taxpayers with a modified adjusted gross income (AGI) of $80,000 through $90,000 ($160,000 through $180,000 for joint filers).
The Lifetime Learning Credit is equal to 20% of the amount of qualified tuition expenses paid on the first $10,000 of tuition. The maximum credit available to the taxpayer is $2,000 per return. The Lifetime Learning Credit maximum is calculated per taxpayer and does not vary based on the number of eligible students in the taxpayer’s family, unlike the AOTC, which is per student. A student is eligible for the Lifetime Learning Credit if enrolled in one or more courses at a qualified education institution.
The Lifetime Learning Credit is phased out ratably when the taxpayer’s modified AGI reaches $50,000 through $60,000 ($100,000 through $120,000 for joint filers). The credit can be used on courses that enable the taxpayer to acquire or improve job skills rather than obtain a degree.
Taxpayers with children in college going for their undergraduate degree will most likely use the AOTC, and taxpayers going to school for their graduate degree or to acquire or improve job skills will only be able to use the Lifetime Learning Credit.
If a student is a claimed dependent of another taxpayer (mostly likely the parent), only that taxpayer (the parent and not the student) can claim an education credit for that tax year for the student’s qualified tuition and related expenses. Any qualified tuition and related expenses paid by the student who is a claimed dependent of the taxpayer can be treated as paid by that taxpayer (the parent and not the student) for the tax year in which the expenses are paid. In some cases, the cost paid by the parent is treated as paid by the student.
If parents decide to not claim the student as a dependent, the student may claim the education credit for the student’s qualified tuition and related expenses. In this situation, the student cannot claim a dependency-exemption deduction for himself, but can claim an education credit on his return. The exemption is basically forfeited by the family.
There is some tax planning that can be done through the ability to shift the education credit. The greatest tax savings are going to be seen by taxpayers with income greater than the phaseout limits mentioned above. This allows parents who cannot benefit from the education credit because their AGI is too high to shift the credit to the student (child), regardless of whether the child or parents paid the education cost. The student does need taxable income to generate enough tax liability to be able to use the education credit.
With the new ‘kiddie-tax’ provisions from 2008, the number of students subject to parents’ tax rates will likely increase. The thing to remember is that the parents will lose the dependency exemption (which does not have a phaseout through 2012) if the child claims the credit. An analysis of total tax savings will have to be done to see which route is most beneficial. Also, there is a risk that, if the student is not claimed as a dependent of the parent, then the parents’ health insurance may drop coverage of the student. Taxpayers should review their health insurance policies to make sure that this does not happen.
As you can see, there are several opportunities for families to benefit from the educational credits that are available.

Sean Wandrei is manager of the Tax Department at Meyers Brothers Kalicka, P.C. His technical concentrations are in multi-state taxation as well as real-estate entities; (413) 536-8510.

The State We’re In

By BusinessWest Staff February 1, 2011

Greg Bialecki, secretary of Housing & Economic Development

Features

A Progress Report from the State’s Economic-development Czar

Greg Bialecki, secretary of Housing & Economic Development

As the Patrick administration begins its second term in office, the focus, from an economic-development perspective, will be to continue to use public dollars to leverage private investment, says Greg Bialecki, secretary of Housing & Economic Development. He noted that so-called gateway cities such as Springfield and Holyoke need investments from the state to stimulate private spending and create new sources of jobs and overall economic vitality. In a wide-ranging Q&A touching on everything from corporate incentives to market-rate housing development, Bialecki talks about what’s been accomplished, and the work still to do in such cities.

Greg Bialecki acknowledged that that much of the progress being seen in Springfield and other area communities has been generated by state and/or federal assistance — on one level or another.
Examples abound, from the presence of Liberty Mutual in the Technology Park at Springfield Technical Community College to the high-performance computing center in Holyoke; from the tax incentives recently awarded to Smith & Wesson in exchange for its pledge to create 225 new jobs at its Springfield plant and make significant investments there, to the backup data center soon to be take shape at the former Technical High School on Elliot Street in Springfield.
Bialecki, the state secretary of Housing and Economic Development, prefers to look at the state’s contributions as investments that will help trigger private-sector spending in older, former manufacturing centers, like Springfield, Holyoke, Chicopee, and others, that need a boost in their efforts to reinvent themselves and spur economic growth.
The Deval Patrick administration’s strategic plan has been to make prudent, well-thought-out investments capable of generating significant returns, said Bialecki, adding that this policy will continue in the second term that started this month, and that, given some help in the form of economic recovery, such returns should soon be visible and measurable.

The data center taking shape at the old Tech High building is another example of state investment in a gateway city — Springfield.

In this Q&A, BusinessWest sounded out the state’s economic-development czar on what’s been accomplished to date, and what can be expected in the months and years to come.
BusinessWest: Talk about the state’s investments in economic development and the goals and expectations that come with this assistance.

Bialecki: “Everyone who does investing is always looking for leverage, and the state is no exception. The governor has asked me to look for opportunities where a state investment will be matched, not just one-to-one, but many times over, by private investment. The high-performance computing center is a good example of that; the state has committed $25 million to that effort, which will probably be a $160 million project when all is said and done, and a number of private colleges involved have made sizeable investments as well. Originally, we put out the promise of some public funding to encourage private funding, but at this point, all the money that’s needed to make this go is in hand.
“Smith & Wesson is another example. Our $6 million investment tax credit is probably going to be about 10% of the actual private investment. Smith & Wesson has committed to spend at least $60 million in new plant equipment there over the next several years, so we’re just making a commitment that’s way overmatched by private investment.”

BusinessWest: How do these investments fit into the state’s broad strategic initiative involving the so-called Gateway Cities, such as Springfield and Holyoke, and are there signs that state-assisted projects are, in fact, stimulating private development?

Bialecki: “You can see some examples of the model this administration is advancing taking place in Springfield. Liberty Mutual is one, and the old federal building, 1550 Main St., is another, and so is the data center. These are public/private projects, for the most part, and examples of how state assistance has been provided to help older cities. We do believe that, if you’re really going to be a catalyst for economic development and job creation, we need to be thinking not only about places where we can do public projects — Union Station might be an example — but balancing that out with projects where we are providing an incentive for private investment.
“These projects send a bit of a different message about the way we think of the economic potential of different regions of the state, including our older cities. In other words, this approach is based on the view, the perspective, that good things are happening in all the regions and many of our cities, and if we can address their challenges, but also talk up the good things about them, we can convince private business to locate there.”

BusinessWest: Some people and groups criticize such public assistance to private companies, calling it corporate welfare and a flawed system for spurring economic development and job growth. How do you respond to that, and does the state need to make such incentives available to compete with other regions and cities?

Bialecki: “We believe that some level of assistance is probably required in a number of these places to help people make the decision to locate in a Springfield or locate in Western Mass., in part because of what other regions are offering, but also in part because some companies like it here and want to be able to stay here.
“Frankly, the Smith & Wesson deal, although that was real money, was in a way a blockbuster deal, in terms of the amount of incentives compared to what other states are offering. We have other states offering some of our companies huge deals — they’re saying, ‘if you move here, we’ll build you a factory, and we’ll pay for it.’ And if you talk to Smith & Wesson and ask them if the state’s willingness to commit to incentives was an important part of their decision, they’ll say, ‘yes, absolutely.’ But they’ll also say that they really like being in Springfield, we’ve got a great workforce; it’s not a case where they’re saying, ‘we don’t want to be in Massachusetts, we don’t wan’t to be in Springfield, but if you pay us enough, we’ll stay here.’ They want to be here.”

BusinessWest: How important is balance, in terms of public and private investments, to a city’s long-term success?

Bialecki: “Very important. The ultimate goal, obviously, is to maximize the amount of private-sector job-creation and private-sector investment in the region. We’re glad to continue to make significant public investments as well, but, realistically, and from our point of view, you’re only to going to be able to say we have a healthy economy in Western Mass. if there’s not only public dollars going into employment and investment, but also private dollars, and more private dollars than public.”

BusinessWest: Talk about the plight of the gateway cities and what the state is doing to assist them.

Bialecki: “Our approach is very consistent in that we don’t look down condescendingly on these cities — we view them as being able to participate in and contribute to the economic health of the state. We want them to be in the mainstream of the business mix in the state. What are the big industries in Massachusetts? Health care, higher ed, financial services, high tech … a measure of our success should be that those industries are in our gateway cities. In Springfield, MassMutual was already there, but getting Liberty Mutual was big — these are Fortune 100 companies, and they both have a presence there.
“There are also many colleges and universities in Springfield, and that’s important, as well as Baystate Medical center and other health care providers. We want to add the tech sector to that mix, and the high-performance computing center will help. We want the gateway cities to be in the mainstream of the state’s economy, especially the innovation economy.”

BusinessWest: What role does housing, specifically market-rate housing that will, theoretically, attract young people and professionals, play in economic development, and what is the state doing to stimulate such developments?

Bialecki: “Housing is a critical component, and we want to make sure that cities have a good mix of all kinds of people living within their boundaries. We want there to be enough affordable housing for those at that end of the spectrum, but also enough places for people who are middle-class and above and have choices about where they want to live. How can we create an environment where people will want to live in our gateway cities?
“We started a new program where, for the first time, we have money available to provide tax-incentive support for people to create market-rate housing in gateway cities. It’s a pilot program with $5 million available initially, and it’s something [Springfield] Mayor [Domenic] Sarno has expressed great interest in. Officials in Springfield have done an inventory of what market-rate housing is available today, and identified potential pipeline opportunities where such housing can be created; developers will probably need some help, and we’re willing to do that.”

BusinessWest: Is there a policy or strategic plan for helping these cities, and if so, what are the main elements?

Bialecki: “Some of the strategies that people have talked about in the past for helping gateway cities have been to mitigate the challenges and the problems facing these cities, such as public safety, and those are important things to do. But we are actually aiming higher. We’re not just trying to mitigate the problems; our vision focuses on determining what these cities, like Springfield, would look like if they were functioning at a high level and were contributing to the economic life of the region.
“And if you look back, all of these played that role at one time, some more recently than others. Holyoke was the first planned industrial city in the country, New Bedford was the whaling capital of the world, and Lowell and Lawrence were main textile centers. Most all of these cities were, at some point in time, not just keeping up with the economic prosperity of their neighbors, they were driving the economic prosperity of their respective region.
“We understand the challenges, but we think that that is the right aspiration to have for these cities: what would it look like and feel like for Springfield to be that driving force again?”

BusinessWest: What are the immediate hurdles to achieving that goal, and what has to be done for the city to achieve this vision?

Bialecki: “There are a lot of good building blocks in Springfield, like its colleges, universities, and fine health care facilities. We would like to see other aspects of the innovation economy; we’d like to see more tech companies. There are some initiatives with incubator space [at STCC], and there is the Pioneer Valley Life Sciences Initiative to get some other life sciences and biotech. There is plenty to build on.
“And development of these sectors goes back to my earlier comments about how many projects require some measure of state assistance. While it’s true that, to jump-start some of these things, assistance is needed, our goal is to move off that.
“In other words, let’s talk about the things we have to do in Springfield and the other gateway cities so that the businesses will say, ‘you don’t need to persuade me to open a new business unit in Springfield — that’s where things are happening; that’s where I want to be.’

BusinessWest: Is there a model to be followed in terms of such a recovery?

Bialecki: “Lowell is the classic; that’s the one everyone points to, and they have had a good deal of success over a prolonged period of time, going back to the ’80s. But I’ve seen some very impressive changes and improvements more recently, over the past four years, for example. In Haverhill, the mayor has made a big focus on market-rate housing in the downtown, mostly in old mills and even to the point where people said, ‘what are you doing?’ But it’s worked out very well; he’s got a lot of telecommuters there and people who can work anywhere, and it’s a short commute to Boston. And he’s generated a lot of street life, a lot of new restaurants.
“And New Bedford’s done very nicely. We’ve helped them with some things, and they’ve used those projects to trigger some private investments; there is a nice creative-economy element to what they’ve done, with a lot of artists moving in.
“The thing about gateway cities is that there’s no silver-bullet project that’s going to put you over the top; it’s an accumulation of things that are going to make a difference, including that all-important private investment.”

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

Environmentally Conscious — by Design

By BusinessWest Staff February 1, 2011

From left, Richard Klein, Peter Wells, and Mark Darnold

Sections Supplements

BDG Continues to Grow in a Competitive Landscape

From left, Richard Klein, Peter Wells, and Mark Darnold say doing a feasibility study of a tract of land before a project begins is cost-effective, as it gives developers valuable information about potential problems.

Northampton-based Berkshire Design Group has made its reputation — and grown its portfolio — helping clients navigate the many challenges involved with a building project, from permitting to making the best use of a parcel of land. Said one of its principals, “if a building looks good and is in character with its surroundings, instead of looking like it was forced on the land, it is usually more profitable.”

Many developers have a vision of what they want to build on a piece of property. But bringing that dream to reality, be it residential housing, a school, a park, retail space, or a bank, is a complex undertaking.
It all begins with the land and what it can accommodate. And that’s one of the reasons Berkshire Design Group, or BDG, as it’s known, stands out in a field of competitors. The group, which has an impressive and diverse portfolio of award-winning projects, was founded by landscape architects Peter Wells and Richard Klein. They have done many feasibility studies to insure that tracts are suitable for proposed projects.
It’s a step that some developers skip, which can prove costly in the end.
“We analyze sites to make sure they can accommodate what the developer wants to do on them, and isn’t always possible,” Wells said.
He explained that, if a bank is proposed for a site, the property should be evaluated for zoning and traffic requirements. If the client wants a drive-through, it triggers additional concerns, including where it will exit to the street. There are also requirements that must be met to accommodate the Americans with Disabilities Act. In addition, wetlands and rare species as well as topographical constraints play a role in determining the cost and feasibility of a project.
“Our training is in landscape architecture, and we strive to protect the land while still allowing development to continue,” said Wells. “We work with the topography, not against it. For example, if a site has varied topography, the road that runs along it will be built to blend in with the landscape.”
The firm’s portfolio is filled with a number of diverse projects. “One of the things that makes us different is that we don’t specialize in any one type of development. We have done everything you can imagine, from master planning for schools and campuses to state parks, shopping centers, malls, and all types of housing developments,” said Klein. “It is unusual for a firm to have experience with so many different types of projects.”
Another benefit, which has helped make BDG the largest and most well-known firm of its type in Western Mass., is that it offers one-stop shopping. Its services include landscape architecture, civil engineering, surveying, zoning and permitting, bidding, and overseeing construction. One of the partners handles every project from start to finish.
The firm opened 27 years ago with Wells and Klein, but since then Mark Darnold and Mark Lindhult have joined them, adding to their ability to oversee large projects. And although the principals could have grown the venture by taking on more project managers, thus relinquishing direct control of some projects, Wells and Klein decided to maintain a hands-on approach and have kept that promise.
“It means that our clients get someone with more than 30 years of experience who is a professional and can see things that a younger staff person may not see,” Klein said.

Ground Level
BDG has been feted with a continual stream of awards over the years, including several for the Rocky Hill Cohousing project in Northampton.
“This was a very sustainable and green project with regards to the site development and stormwater management,” said Wells. “Plus, we created a tremendous amount of open space.”
The company’s most recent award came from AIA New York for two dormitories at Amherst College. “The buildings were done using sustainable practices with an eye toward the traditional classic architecture that is the hallmark of Amherst College,” said Klein. “The design was aesthetically pleasing and functionally exceptional in every facet of the building; we have always strived to be as green as possible even when green wasn’t in fashion.”
The firm cares deeply about its clients’ success, he continued, because the principals believe it reflects back on them. And that has a lot to do with how each building, as well as the overall property, looks when it is finished.
“We want to build projects that people like, will use, and that meet the goals for sustainability,” Klein said, adding that the company has completed many LEED (Leadership in Energy and Environmental Design) projects. At present, BDG is engaged in a Living Building Challenge as it plans for the construction of an environment classroom at Smith College.
The concept of Living Building Challenges is based on making decisions by addressing environmental, social, and economic problems that can arise, such as habitat loss and the lack of community distinctiveness.
Wells said the principals’ concern for the land goes back to their identity.
“We use sustainable principles in all of our projects,” he explained. “We have evolved over the years, as we started out as landscape architects and added other disciplines. We look at land differently than other professionals, which allows us to guide our clients more holistically and efficiently; if a building looks good and is in character with its surroundings instead of looking like it was forced on the land, it is usually more profitable.”
Decades of experience gives BDG a decided advantage over its competitors. “We can look at and envision opportunities and constraints on a piece of property as well as the permitting hurdles,” Klein explained. “There may be traffic issues, poor soil, or a site may be too steep for various types of development.”
BDG recently conducted a study on a tract of land for a proposed school. “We found it had topographical constraints. It sloped too much to develop any playing fields. If they had used it for that purpose, their budget would have had to increase, and it could have become quite costly,” Klein said, as he sat in the company’s Northampton office in a room covered with mockup boards in all stages of completion. “Because of our depth of knowledge, we are able to inform clients quickly about additional costs during construction.”
Klein said the company’s A-to-Z approach is one of the keys to its success.
“We are able to take a blank piece of land and do a feasibility study on it to see what it can carry in terms of capacity,” he explained. “After that is determined, we do a preliminary design and get all of the permitting approved, then do the construction documents. We bid the project for developers, and we oversee the construction.” BDG can also illustrate a design proposal before ground is broken by employing computer-generated models and animation.

Step by Step
The permitting process is typically complex and takes many months to complete. “We know the regulations. We also have good working relationships with many board members in the surrounding cities and towns in the Commonwealth,” Wells said.
Right now, the company is in the process of developing several of the largest projects in Western Mass., including the $42 million master plan for Three County Fairgrounds in Northampton and the Colvest Group’s $25 million Chicopee Crossing, which is under construction and will include a hotel, retail shops, and restaurants.
Other projects include the new Easthampton High School and two housing developments in that community — an apartment complex with 50 units in an old mill building on Cottage Street, and Parsons Village, a 38-unit affordable-housing development on four and a half acres. Construction on the village is expected to begin in 2012.
BDG also conducted all of the site work and design for the housing at the former Northampton State Hospital, which includes townhouses, single-family, and multi-family rental units. In addition, BDG is on the team working to redevelop the Indian Motorcyle Apartments at Mason Square in Springfield.
“And we are in the permitting process for Northampton’s newest park, which will be built on 30 acres in Florence,” said Wells. Recent work also includes completion of the new $40 million pharmacy building at Western New England College.
Their company’s client list contains a substantial number of repeat customers who like the fact that they don’t have to hire a number of consultants to get the job done.
“Our process is cost-effective and streamlined so there is less chance of scheduling conflicts or mistakes,” Wells explained. “For instance, a developer could go to four firms who would have to coordinate to complete a project. But we can do it all under one roof. And because we are in Western Mass., our focus is here in the Pioneer Valley.
“We know the area, know the local contractors, and know the local bidding processes, as we do a lot of it and have strong relationships with general contractors,” he continued, adding that he and Klein visit their sites often, which insures that things move along smoothly.
Their expertise and reputation has allowed them to develop a broad customer base which reaches to distant shores, including Taiwan, Puerto Rico, New York, Los Angeles, and Atlantic City.
But their real focus is the Pioneer Valley, where they approach projects in a way that shows respect for the environment. And that respect for the land bodes well for the future — both for BDG and for its clients.

Tools of the Trade

By BusinessWest Staff February 1, 2011

Sections Supplements

Builders Hone Strategic Initiatives for Weathering the Downturn

Kevin Perrier says builders are being forced to bid at distressingly low figures if they want to keep working.

The local construction sector realistically plans for a sluggish 2011 on the heels of one of the worst years in decades. While strategies have been in place to get their businesses through this economy, many wonder how many more knocks this already-troubled industry can take. Careful oversight and rigorous planning may be a new set of tools for builders in Western Mass. and across the nation, but the recession that has brought this industry to historic lows is a redefining moment for local contractors.

When asked to describe the current state of the construction sector, Five Star Construction owner Kevin Perrier said simply, “it stinks.”
Although he went on to assess the industry in more specific terms, Perrier’s two-word assessment of this state of affairs is something everyone agrees upon. The recession has taken its toll on many industries, but with so much of the construction sector dependent on better economic footings, 2010 wasn’t a year for a solid rebound. And while Wall Street and Main Street both are feeling some measure of progressive economic activity, that doesn’t yet translate to a rosy outlook for builders in 2011.
The latest reports from industry analysts at Associated Builders and Contractors (ABC) don’t offer much in the way of better news than what contractors can see for themselves — that private construction slipped even further in the last months of 2010. The ABC’s chief economist, Anirban Basu, put a finer point on the bad news by compiling a list of no less than 10 “headwinds” he predicts will further impact the sector’s economy for the current year, including industry unemployment, increased commodities pricing, and the end of stimulus funds conspiring to bring about what he ominously called “phase two of the economic downturn.”
But while the outlook isn’t good, the builders who spoke to BusinessWest offered some hope that the techniques that have kept hammers ringing, even if the phones aren’t, will continue to be sound strategies to keep their businesses above water in 2011.
MaryBeth Bergeron, owner of Charista Construction in East Longmeadow, said that, having weathered other recessions, she has a good grip on imminent changes in the industry. “When this recession started, you intuitively knew business was slowing down and softening,” she said. “I’ve been in business 25 years, and after that much time, you recognize it.”
For some, 2010 meant a continuation of the operating strategy that they had begun using in 2009 — tightening the labor rolls to get lean and mean, and trimming as much as they could from the margins to be competitive while still keeping their trucks on site.

David Dietz says the current struggles of builders, and how they respond to them, are potentially career-defining experiences.

But many spoke of the necessity to move even further beyond those tactics. David Dietz, a principal with Dietz Construction in Easthampton, said that what his 50-year-old business is doing now not only keeps the business on solid footing through the recession, but has the potential to put the company in better shape on the other side of this economy.
“I remember my dad talking about recessions, and those experiences that defined him both as a businessperson and how he would work,” he said. “I think this is going to define our generation for quite a long time.”
The construction sector faces challenges that for many are unrivaled in their history. But, while their industry’s drums beat a tune of gloom, area builders say that, with some hard work, and no small amount of hope for better times ahead, construction can make it to the other side of the recession with a new set of tools.

Hammer Time
At Triple S Construction in Wilbra-ham, Tom Silva — one of those three S’s with his brother and father — said that his company opened shop in the midst of a recession in 1987. “We were just coming of age then,” he said. “It didn’t hit us as hard as this one.”
A residential remodeling and construction firm, Silva said that this facet of the industry has not recovered from the burst bubble of the recent past.
“Last year started out better than it ended,” he said. “I think homeowners were feeling a little bit better about the economy. But then things didn’t get better, in many people’s eyes. In November and December the phone stopped ringing. Right about now people are usually calling to get ready for springtime, to get estimates. But we’re not seeing that. I was at a homebuilders’ meeting last night, and I heard the same things.”
For third-generation Springfield builder John Vadnais, owner of the construction company that bears his name, the residential construction sector has basically turned away altogether from new building toward remodeling, making that already-competitive sector even tighter. He pronounced this era “a distressed state of affairs in an inflationary environment.”
Kitchen and bath rebuilds are the new norm, he added, as customers look for the most impact on the shortest price tag. People are still spending money, he said, “But there is a micromanagement to see the project thoroughly.
“This is one of the deepest recessions I’ve seen, or that I can remember as a kid,” he continued. “Today, it is so deep that people are having a hard time getting out of the negativity.”
Perrier echoed that sentiment, and added that, in order for him to stay competitive last year, margins became increasingly tighter.
“In 2010 it became apparent quickly that, if you wanted to be a player in getting projects, and to get a decent workload, you were going to be bidding at a much lower percentage,” he said.
The danger there, he continued, isn’t just in that one job, for that one builder. He called it the “snowball effect.”
“Because if you’re not low on the first job, the next time, you’re going to go a little lower, and then the person behind you goes a little lower,” he explained. “That trend continues, and by the end of last year you were seeing that in order to pick up jobs, your bid was incredibly competitive.
“It’s going to take a while to get away from that, also,” he added. “You’re not going to see people putting healthy margins on their bids for a while now. It slowly has to creep back up.”
Perrier said that his firm kept enough projects on the books to make sure that his employees were busy, and that trend will continue into this year. “Yes, it is good news that we have a good book of work,” he said, “but unfortunately we’re having to meet our budget by volume. And that’s tough on everyone. The staff is working twice as hard.”
Steve Killian, executive vice president for the Springfield branch office of construction management firm Barr & Barr, said 2010 was “not a pretty year.”
The firm handles multi-million-dollar construction for higher education, health care, and other industries with the pockets to finance $30 million projects. But budget shortfalls and low returns on stock portfolios caused many of those clients to back off or postpone significant capital improvements.
However, he tempered those dim reflections with a more positive outlook. “I believe that some of these capital projects are going to have to be built — either for life-cycle concerns of buildings, or for institutions to stay competitive,” he said. “They just have to pull the trigger.”
With pre-construction times in his echelon of the industry taking anywhere from three months to upwards of a year, he hopes that an uptick in business in the third quarter of 2010 bodes well for large projects in the months to come.
But even with the forecast of high-value and overdue projects, the construction sector faces some challenges from increased materials costs (see related story, page 30). And when construction management projects need to be estimated over a period of several months of volatile pricing, that can get tricky.
“Copper costs are rising,” said Killian, “and that will affect prices in the near future. Anything starting in the next three to six months will reflect the rise in that price.” With copper for electrical and plumbing needs — two services typically responsible for 30% to 40% of a project’s cost — that will significantly impact the price of building.
Labor rates have been flat for the construction sector, he said, adding, “normally, labor is the greater portion of costs, so it is a bit of an equalizer, but in this industry, people need to be able to hold their pricing for more than one year because of your bid. When you’ve tied into a project 18 to 24 months down the road, you pray that your suppliers hold to their numbers for that duration.”
In order to get this industry moving again, he said, a holistic approach to the economy is necessary and vital to plan on better times for construction. “The housing crisis still hurts us, significantly,” he said.
“There has to be more confidence there,” he continued. “And we need to see increased commercial lending for developers. Investors are looking far more critically at all projects to see if there will be a profit. And that’s something that has held them back. They’ve said they are hanging back, waiting for the promise of a good return. Private investment, people with that volume of money to lend, they just aren’t pulling the trigger.”

Planning Department
Killian said that there are no secret techniques, really, in how a firm like Barr & Barr gets through an economy like this. “A lot of it is keeping your overhead costs low,” he explained, “and watching the bottom line. The margins are tighter, so there’s no excess anywhere — from the office to the field.”
For some, though, the recession has led to internal reassessment of their core strengths. Bergeron said that, when she saw the economy taking a turn for the worst, she asked herself, “where do I want my company to be during those times?
“With some work,” she continued, “I knew we could position ourselves to be where business is best. And so, over the last couple of years, what we have been doing is government-funded work, meaning housing-allowance programs — like Springfield neighborhood housing services, West Springfield community development, and a number of other nonprofit developers of real estate.
“Sure, just as before, we hustle, and we really go after the work,” she continued. “We try to be where the business is. If you don’t have your eyes open as a business owner, you’re not prepared.”
There is a strong market for a builder to take advantage of the changing demographics of building projects, she added, saying, “I do think there is a lot of opportunity right now with Baby Boomers retiring. ADA compliance, ramps, grab bars, all of those things are important.”
Dietz sees this recession redefining his operation through a series of techniques to trim excess off his costs, but also as a means to streamline his operation for the future. He said that Dietz Construction owns its own gravel pit, a number of specialized pieces of machinery, and various other core investments, all to keep his bid low in a highly competitive marketplace.
“For companies that don’t have as big a foundation as we do,” he said, “I don’t see how they can be competitive.”
But rather than continued investment in the latest big-ticket construction equipment, Dietz said, “We have learned to subcontract things more cost-effectively than it might be to do it ourselves. For instance, maybe getting someone who specializes in setting curbs, getting them for the handful of days that we would need them, and not worry about a workforce trained for it. There are times when it is more beneficial to outsource.”
Such tactics not only help him get through the current economy, but are a way to increase profitability in the future.
For Perrier, that future he sees is now. He said he’s confident in his crew to have projects for the year ahead, but he isn’t one to sit back idly. “We made some changes in being more aggressive in finding work.
“Where a lot people are laying off, we hired a director of project management,” he said. “His sole job is to go out and network, market our company, and meet with architects to get our name out there. So far, that’s been working out very well.
“We took a gamble and tried to take advantage of the downturn,” he continued. “It’s a roll of the dice, but while everyone is quieting down, we said ‘let’s get out there, tell people who we are and what we can do.’”
In an unforgiving economy, and for an industry, he said, where one is always just a job away from being out of work, it’s more important than ever for builders to have the right tools for the job.

Doing Business in: Palmer

By BusinessWest Staff February 1, 2011

Features

This Quaboag Town Ponders Its High-stakes Future

Through hard work and tenacity, John Morrison has occupancy at the Palmer Technology Center at around 90%.

Susan Rutherford said that, when it comes to fostering new business ventures in Palmer, her office isn’t just rolling the dice.
The executive director for the Quaboag Valley Community Development Corp., she told BusinessWest how her office has been helping to nurture an entrepreneurial business climate for the region. And in many ways, what she has found in the 15 years of seeing business in Palmer grow is that this recession hit hard, but there are some success stories.
“Obviously the past few years have been as stressful here as elsewhere,” she said. “But then there are some sectors that are doing okay, and some that are actually doing quite well.”
The town might be making the most headlines these days for that contentious piece of property eyed as a potential home for a resort casino to be developed by Mohegan Sun. But while the fate of gambling is still undecided on Beacon Hill, Palmer is steadily gaining ground for business initiatives to capitalize on the assets that are already in place.

Where some see Palmer as off the beaten track, Lucy Carlson saw it as a place with untapped potential.

Five years after starting her advertising and marketing business just outside of the downtown area of Depot Village, Lucy Carlson said that Palmer presents a unique opportunity due to the very reason some cite as a business obstacle. Others might say that the town’s geographic location outside of the Route 91 corridor places Palmer off the beaten track, but she says otherwise.
“I saw that the Quaboag area in general was untouched and untapped,” she explained. “There are a lot of ad agencies in Greater Springfield, and then in Northampton. But this area didn’t seem to have that. There’s a lot of potential here, and especially Palmer as the largest town in this area.”
Up the street at the headquarters of the Quaboag Valley Chamber of Commerce, president Len Weake also said that the business climate mirrors that of most everywhere else in Western Mass., and Palmer has been affected by a recession that has cut through to commercial lending.
“In the past, when people were laid off, it pushed them into new ventures,” he said. “This time, we’re not seeing that — those people with entrepreneurial drive are having trouble getting the capital to start up.”
But, not wanting to focus on the negative aspects of the current economy, he quickly pointed out that thanks to the QVCDC, it’s not all doom and gloom within his region. And he pointed out the strong mill origins of the town as a link to Palmer’s full potential. The Garabedian family, owners of Thorndike Mills braided rugs, has been in business since 1925, and Weake cited them as an example of industry that continues to this day.
However, he also told BusinessWest of two properties that had seen the rug pulled from under them when the original owners of their buildings left the area. The Mapletree Industrial Plaza, just outside of downtown, and the Palmer Technology Center (formerly Tambrands), in Three Rivers, are prime examples of adaptive reuse, with both complexes boasting nearly-full occupancy.
“They aren’t retail locations,” he said to describe both properties, “but they have a strong commercial presence here in town.”
In this latest installment of ‘Doing Business In,’ BusinessWest talks to the principals at those industrial properties and finds out how they, and others, took a gamble on Palmer — and why it was a bet that paid off.

Home-field Advantage
Carlson said the business population in the Quaboag Valley is filled with, in her words, “hidden jewels.” As a full-service marketing and advertising agency, she said her office is primed to cater to those businesses, and that is what drew her to open shop in her location on South Main Street.
She acknowledged that one problem facing Palmer, in contrast to some of the other surrounding towns, citing Monson and Belchertown as two examples, is a lack of younger generations moving in — to work or live.
But residents have a strong sense of support for the hometown mom-and-pop shops, she went on to say. And with Palmer at the center of so many different, smaller communities, a good opportunity presents itself for anyone to hang out a shingle for new ventures. “There are so many opportunities for so many types of enterprises,” she explained, “and because we are just far enough from Springfield or Northampton, the local residents would be happy to support that business.”
Located in Ware, but serving Palmer and the other towns of the Quaboag Valley, the QVCDC is the place for local entrepreneurs to start when considering a new business. Stating the goals of her operation simply, Rutherford said, “we work with small businesses, including making loans to those who can’t get them from banks, and providing training, education, and consulting to businesses.”
The QVCDC’s stated mission is to “improve the quality of life in the Quaboag Valley by addressing the economic, environmental, and social needs of its residents while maintaining the integrity and character of each community in the region.”
When speaking of the new ventures that have come through her office in the 15 years of its existence, Rutherford said that this recession has proven more challenging for individuals than any downturn in the past.
“But a lot of it goes back to the ingenuity of the owners, and their adaptability, and ability to go with the flow,” she said. “And a lot has to do with good, tight management. The businesses that are having the most troubles are the ones that were lucky before — they were doing the right thing at the right time. The ones that are doing the best now are good planners, good users of resources.”
Citing some manufacturing concerns in town, she said success stories do exist. “There are imaginative people out there,” she added, “and they are developing interesting businesses. I’d say that it is individuals, more than an entire industry, who show the success of this region.”

Mill Power
An example of that definition of success, John Morrison and his industrial complex known as the Palmer Technology Center, could be exhibit A.
He is the owner of the buildings formerly housing Otis Mills, then Tambrands, maker of Tampax products, and even though he laughed when he said that, in some form or other, “these buildings have always made me money,” there was absolute truth in his statement.
His parents both worked at the plant when it was Tambrands, and as a youth, he had a job there also. He augmented his ‘day job’ with a plowing contract for the premises, and then a scrap-metal contract, and when the building was sold to Procter & Gamble in the 1980s, the new owners liquidated the offices and manufacturing facilities, but kept him on as ’round-the-clock security.
A brokerage firm was engaged to lease the facility, unsuccessfully, and as the site coordinator, Morrison became acquainted with some of the potential players. Eventually partnering with one of those individuals, Sid Kovitch from Boston (and, later, that man’s family after he passed away), Morrison took a gamble and purchased the four-building complex.
Originally there were no tenants on the property, but through hard work and determination, Morrison said that he has secured leases from 27 businesses. Presently, he puts the occupancy at just over 90%. And while he has been an unflagging point person for the property’s management, he credits the former owners for making this a top-notch, marketable facility.
P&G invested $20 million in the buildings in the late ’80s, which means that new tenants have the benefit of weather-tight construction, a T1 connection, and full fiber optics. Mustang Motorcycle Seats uses the original fabrication building, and today is Morrison’s largest tenant. But he also cites small operations, from musical-instrument teachers needing space, to Wing Memorial Hospital’s billing and visiting-nurse departments, who together occupy a full, 18,000-square-foot floor.
And his tenants can grow without leaving the property, he said. “We’ve had a lot of people who started out small, like Halpern Titanium. He came here with a table saw and a couple tools, and now has about 20 big machines. He started out cutting pieces of titanium and selling them, and he’s a full-blown machine shop now.”
But Morrison knows that if he doesn’t have the space for a prospective tenant, he can always refer them to another complex, Mapletree Industrial Park, for example, “so that the business and the jobs still stay here in Palmer.”
John Rottman is the senior property manager at Mapletree, and he shared the sentiment that keeping jobs in Palmer is important, especially when thinking of all the employment that was lost when the Colorado Fuel and Iron Steel Mill wire factory, whose mill his firm now owns, closed shop back in 1971.
“In its heyday, there were three shifts here running around the clock, with more than 1,000 workers; some old-timers here in town say that wire here went into the construction of the Golden Gate Bridge,” he said. “When the plant closed, there were still 700 people working here. It was quite a shock to the town.”
The current owners, Presidential Realty Corp., from White Plains, N.Y., bought the property in 1973. Rottman said there were a handful of small tenants for the next decade. He worked in the management office there for six months, in 1986, and at that time a concerted effort was made to lease out the rest of the property.
“We really pushed to make it a multi-tenant facility; we have 83 tenants, presently,” he said, adding that they come in a range of sizes. “Our biggest user is New England Wood Pallet, with more than 30,000 feet. But they are winding down now, due to transportation costs, and by summer, we’ll need to find another tenant for that spot.”
While that will mean another push to find tenants, Rottman said that, because his buildings have rail access, there is a whole subsidiary of rail marketing that exists to find properties like his. In his time, he has seen adaptively reused properties like Mapletree shift from light manufacturing to high-tech to, in some cases, warehouse space for other businesses off-site.
“But I hope that’s cyclical,” he said of warehousing. “I hope we get to the point where entrepreneurs can do some startups again, do some manufacturing and distribution. But it’s hard to find capital today to make that leap, and to take that chance.
“The last two years have been challenging,” he continued, “but we continue to rent space. It’s still chugging along. There are people with good ideas out there, though; hopefully, as soon as there’s money available, they will be able to make their business work.”
And that’s a sentiment that is echoed and supported across the town line at the QVCDC. Rutherford said that the challenge is not necessarily the funding, because that is what her office works to achieve, but to continue finding the right people to turn ideas into thriving businesses.
“That’s the goal,” she said, “to find those people who have a good work ethic who also have good entrepreneurial ability.”
And, rather than a bet with long odds, so far that has proven to be a sure thing.

Editorial

By BusinessWest Staff February 1, 2011

Opinion

Taking Away Lessons from Evergreen Solar

It was a headline that many in this region might have missed, lost amid the shootings in Arizona, a slew of snowstorms and subsequent cleanup efforts, and the area NFL franchise starting the offseason much earlier than expected. But it certainly bears noting.
Evergreen Solar, the solar-panel maker that opened a plant at the former military base in Devens just two years ago, amid considerable fanfare and with state aid to the tune of $58 million (one of the largest packages ever awarded in Massachusetts), announced on Jan. 12 that it would be shuttering that facility, thus eliminating about 800 jobs. That news was bad enough, but it got worse when the company said, in essence, that it was a victim of weak demand and competition from China, and would be shifting work to that country, where it also has a plant. Company officials would say only that this was “a grueling decision for any management team to make.”
The announcement must have sent shockwaves through the Statehouse, where the Patrick administration, which worked hard to bring Evergreen here, touted the company as perhaps the best example statewide of the emergence of clean-energy technology as a source of both new jobs and economic development, and as a indication that the Commonwealth’s shrinking manufacturing base could in fact diversify itself and find new avenues for growth.
What’s more, state officials cited Evergreen as a fine illustration of how state incentives could be effectively put to use to create jobs, drive innovation, and stimulate momentum at a time of economic duress.
So much for all that.
In the wake of the announcement, state officials searched hard for a silver lining to these clouds (no pun intended), but couldn’t find any. Instead, they were left to start backpedaling on the dollar amounts actually given to Evergreen (so the damage might not look as great), tallying up all that the corporation will have to give back to the state — $3 million in direct grants and perhaps $20 in future tax breaks — because it didn’t meet the terms stipulated in the aid agreement, and offering some hope that the many infrastructure improvements (mostly new roads) undertaken as a result of the project would benefit future endeavors.
But in the end, this is a huge setback for the state, one that will definitely leave a mark — and no shortage of skeptics to question the next clean-energy deals to come down the road.
In the end, though, no mistake is a complete loss if people can learn from it. What can we learn for this?
For starters, don’t put so many eggs in one basket. This is easy to say in hindsight, but a lot of people were saying it before the state handed over nearly $60 in incentives. Many were questioning the strength and longevity of the solar-panel business and casting doubts about whether this country could compete, cost-wise, with China on such products, despite public-sector support.
The conventional thinking then (and even more so now) would be that $58 million would be much better-spent on many different initiatives with promise. Some would not have worked out, but, undoubtedly, some would have. By going all in — or close to that — on Evergreen, the state left itself vulnerable to a big hit, and that’s what happened.
The other big lesson: don’t give up on clean-energy ventures. The Evergreen meltdown will undoubtedly leave the state gun-shy when it comes to future opportunities of this kind, and while an extra dose of caution, or two, is in order, there is no need to abandon this emerging sector and leave it to other states, regions, or countries.
There are a number of former manufacturing hubs, like Springfield, Holyoke, Chicopee, and others, that are still at the beginning stages of the reinvention process. Clean-energy developers can still play a big role in that process.
Like the Patriots’ debacle against the Jets, the Evergreen Solar experience is a tough and, in some ways, embarrassing loss for the Commonwealth. It will be interesting to see if and how it bounces back.

Environmental Services

By BusinessWest Staff February 1, 2011

Sections Supplements

A list of area environmental services

Click here:
Environmental Services Firms BW1.11c

Great Time to Build

By BusinessWest Staff February 1, 2011

Sections Supplements

Low Bids Create Budget-friendly Opportunities, but for How Long?

WNEC saw its Center of the Sciences and Pharmacy go up at a budget-friendly time for those who want to build.

It’s been the bane of builders for a long time now: with demand for commercial construction down and competition fierce, they’ve been forced to bid very low to have any chance at winning jobs. That has trimmed profit margins to a bare minimum, eased only by material and labor costs that have remained suppressed as well.
All that has created a landscape of opportunity for businesses willing to take the plunge and build during a time of economic stagnancy.
“It’s still an exceptionally good time to build, and it probably has been for a year, year and a half,” said David Fontaine, president of Fontaine Brothers in Springfield. “And that trend is continuing.”
Higher education is one industry that has embraced the advantages of building when prices are low, said Fontaine, whose firm counts colleges and universities among its niches. He recently finished a new math and science building at the Berkshire School in Sheffield; “the price on that was 25% below the budget just a few years ago.
“The private colleges seem to have picked up on this,” he continued. “Last year we just finished the pharmacy school at WNEC, which benefited immensely from that market, and a dormitory at the College of the Holy Cross; they put that out to bid a year ago and benefited tremendously.”
Fontaine said some boards of trustees are looking anxiously at their own squeezed budgets, yet rationalizing that saving 25% or more on needed capital projects is a smart move in the long term. And that’s true across all regions of the state.
“We’ve competed for six or seven decent-sized schools in Eastern Mass. in the past year, and they have all come in 15%, maybe 20% below projections,” he said.
The state has been another beneficiary, seeing its federal stimulus dollars stretch further than officials had anticipated. Early last year, according to a Boston Globe report, the winning bids on 48 transportation projects had collectively come in $59 million below the $226 million that state originally estimated the work would cost. The average was 22% below contract estimates.
“It is a good time to build, no matter what sector you’re in,” said Peter Wood, director of sales and marketing at Associated Builders in South Hadley. Contractors only hope more companies realize it, creating a larger pool of projects and gradually raising bids, before a rising tide of material costs makes their outlook even more dire.

Steeling for Change
Indeed, many materials costs are beginning to rise — a good sign for the industry in the long term, but one that could pinch already-stressed builders right now, as bid prices remain flat for the time being (see related story, page 26).
Specifically, November saw significant jumps in prices for diesel fuel and copper — two key resources in construction — while weak demand for construction forced them to hold down bid prices despite the cost increases, according to the Associated General Contractors of America.
These price jumps “could be the last straw for some hard-pressed contractors,” said Ken Simonson, the association’s chief economist, in his monthly report. “With unemployment in construction running at 18.8% — double the all-industry average — any more business failures will only add to the industry’s misery.”
Then in December, prices for materials used in construction jumped 0.9% (and 5.4% for all of 2010), while price indexes for finished buildings remained flat over both time periods. Construction costs also outstripped the producer price index for finished goods, which rose 0.6% in December and 4% in 2010.
Simonson noted that prices soared at double-digit rates over the year for four key construction materials. Diesel fuel prices climbed 2.3% in December and 28% in 2010; steel-mill product prices rose 0.5% and 12.5%, respectively; copper and brass mill shape prices were up 1.3% and 12%; and prices for aluminum mill shapes rose 12% over the year, despite a 0.2% dip in December.
“Structural steel is a big-time barometer of what’s going on, and it has started to creep up in the last month,” Fontaine said. “It’s an indicator that manufacturers and suppliers can only provide a product for so long at costs that don’t make any sense. It’s changing direction, and it has to; we’ve had two years of people just giving things away. And when steel starts to climb, a lot of things follow it.”
For contractors, there is worse news to come, said Simonson, noting that, since the latest data was compiled, suppliers have announced further price increases for copper, steel, and diesel fuel. “With contractors unable to pass along the increases in the price of finished buildings, many firms could be pushed out of business,” he said.
Even as material prices rise, weak demand for construction, combined with intense competition for work, is forcing contractors to hold the line on bid prices, Simonson observed. The producer price index for new office construction actually dropped 0.8% for the year. The index for new industrial buildings was up 0.4% in 2010; for new warehouses, it rose 0.4%; and for new schools, it was up 1.3% for the year.
Other items that contributed to the December climb in material costs included lumber and plywood, architectural coatings, paint, brick and structural clay tile, and gypsum products. Prices have remained fairly stable nationally for asphalt paving mixtures and blocks, concrete products, and insulation materials, according to the association.
“Contractors have been unable to recoup these costs in what they charge,” Simonson added. “Indexes for new office, school, warehouse, and industrial buildings were virtually unchanged … over 12 months. Prices charged by concrete, roofing, electrical, and plumbing contractors showed very small movements in either direction.”
Contractors are likely to be squeezed by rising material costs and flat prices for completed projects for the foreseeable future, Simonson predicted. He forecasted that contractors would experience periods of simultaneous price spikes in multiple materials in 2011 as the U.S. and foreign economies pick up speed.
“Unfortunately,” Simonson said, “demand for construction will be erratic for months to come, worsening the price pinch that has already devastated too many firms and their workers.”

Doing What’s Necessary
In the meantime, builders and subcontractors alike continue to bear the squeeze in order to keep working, and low winning bids remain the order of the day, continuing a period of opportunities for businesses willing to invest in additions and renovations.
“The subcontractors seem to be extremely hungry, as far as doing what’s necessary to keep surviving in this market,” Wood said. “Many are more than willing to travel outside their comfort zone — from Eastern Mass., Connecticut, and the Albany area, they’re coming to the Valley.
“Contractors in the private sector have the ability to pick and choose their subcontractors, but you still want to pick the most reliable as well as the most cost-effective ones,” he continued. “We do our best to see the local subcontractors working instead of just taking the lowest bid — and the locals are giving us competitive bids, so they’re not getting shut out of the marketplace.”
Yet, with costs on the rise, the squeeze continues. The question is, when will more companies take advantage?

Joseph Bednar can be reached at [email protected]

General Contractors

By BusinessWest Staff February 1, 2011

Sections Supplements

A chart of general contractors in Western Mass.

Click here:
GeneralContractors BW1.11c

Commercial Real Estate

By BusinessWest Staff February 1, 2011

Sections Supplements

A listing of available commercial properties

Click here
Commercial Real Estate BW1.11c

Company Notebook

By BusinessWest Staff January 18, 2011

Company Notebook Departments

Law Firm Named to ‘Top Tier’ List
SPRINGFIELD — Sullivan Hayes & Quinn was recently named a Top Tier Employment Management Firm by Best Lawyers and U.S. News and World Report. Managing partner Meghan Sullivan noted that the law firm was among 8,782 firms from across the country to be recognized. The local law firm specializes in employment-management issues, including labor relations, risk avoidance, workplace regulation, and employment litigation.

Appledore Engineering Joins Tighe & Bond
WESTFIELD — A New Hampshire civil-engineering firm has joined forces with Tighe & Bond, a engineering and environmental consulting service in the city. The move will enable Appledore Engineering to expand its service offerings and will also provide Tighe & Bond more opportunities for expansion into the New Hampshire and Maine markets. Appledore Engineering will remain at its Portsmouth location and do business as Appledore Engineering, a division of Tighe & Bond.

CHD, Cancer House of Hope Announce Merger
SPRINGFIELD — The Center for Human Development (CHD) and Cancer House of Hope recently announced a merger between the two nonprofit agencies. The CHD Board of Directors and Cancer House of Hope Board of Trustees both approved the merger late last year. It became effective Jan. 1. Cancer House of Hope operates two houses, one in Westfield and one in Springfield, that offer free support groups, workshops, and classes to adults with cancer and their family members and friends. Cancer House of Hope is now a program of CHD in its Community Resources division. Cancer House of Hope’s events, activities, and services will continue without interruption, and the agency’s two full-time and one part-time employee are now employees of CHD. Cheryl Gorski, executive director of Cancer House of Hope, noted in a statement that, “given the economy, it was getting more and more difficult to keep things running.” Gorski will continue to manage the program as its director. Gorski added that “merging with CHD will give us access to more resources for development, marketing, and support.” Founded in 1997, Cancer House of Hope has an annual operating budget of about $235,000, all of it coming from donations, grants, and fund-raising events, such as its upcoming, third annual Cheeseburger in Paradise Bar-B-Que at the Cedars in Springfield Feb. 19. Cancer House of Hope serves approximately 260 people a month at its two locations: 86 Court St., Westfield, and 946 Plumtree Road, Springfield. In addition to its three staff, Cancer House of Hope also contracts for services with 12 per-diem counselors and depends on about 50 volunteers, who help run the homes and activities. Gorski said she reached out to CHD President and CEO Jim Goodwin last August about the possibility of a merger. Gorski noted, “It made sense to help us get to the next level of what we can offer our members. I’m very enthusiastic about it. I think it’s a great thing for us.” Goodwin said that merging with a high-quality agency like Cancer House of Hope furthers CHD’s mission of offering community-oriented services in a way that helps protect people’s dignity. Goodwin noted that everyone knows someone who has been touched by cancer. He added that the programs and services Cancer House of Hope offers “are just too important to risk losing.” Those programs and services include yoga, Reiki, wig fittings, and bereavement-support groups, among many others. While the two homes are open to anyone regardless of residency and need, they mostly serve people who live in Hampden County and Northern Conn. For a list of Cancer House of Hope programs and services, visit www.cancerhouseofhope.org. Founded in 1972, CHD is a family of more than 40 programs that deliver a wide range of social services in communities throughout Western Mass. and Northwestern Conn. in areas such as mental health, youth mentoring, family stabilization, foster care, early intervention, elder care, occupational therapy, intellectual and physical disabilities, homelessness prevention, substance abuse, and juvenile justice. CHD’s main office is located at 332 Birnie Ave., Springfield. For a list and description of programs and services, visit www.chd.org.

United Bank Supports United Way Campaigns
WEST SPRINGFIELD — United Bank recently announced its annual United Way employee campaign generated more than $52,000 in contributions to United Way organizations located in the bank’s service area. The bank ran campaigns at all 22 branches located throughout Western and Central Mass. The 2010-11 employee campaign surpassed last year’s level of participation and giving to the United Ways of Pioneer Valley, Hampshire County, and Central Massachusetts. In addition, the United Bank Foundation contributed $36,000 to the campaign for a combined gift of $88,118.

MassMutual Explains Roth Retirement Plan Conversions
SPRINGFIELD — As part of its commitment to educate participants, plan sponsors, and advisers, MassMutual’s Retirement Services Division has published a white paper titled “Roth Retirement Plan Conversions — Questions and Answers.” The document answers the most common questions around converting 401(k), 403(b), and, starting this year, 457(b) governmental plans into Roth accounts. Effective last fall, the Small Business Jobs Act of 2010 allows participants who are in a retirement plan that offers Roth accounts the ability to convert or roll over their non-Roth account balances into a Roth source under the same plan, provided the participant has a distributable event (i.e., termination of service or in-service withdrawal provision, excluding hardship). For more information, visit www.massmutual.com.

Agency Offers Mobile Marketing Services
AGAWAM — The Creative Strategy Agency has started offering mobile marketing services including mobile Web sites, short-message service, and tablet and mobile applications for businesses. Alfonso Santaniello, CEO and president, noted in a statement that he wanted to take the agency’s marketing services “to a new and innovative format.” Santaniello added that mobile applications have “grown significantly” in the past year, and that he expects that trend to “continue to grow in the years to come.” For more information, visit www.creativestrategyagency.com.

Big E Plans $2.2M
Equine Arena
WEST SPRINGFIELD — Wayne McCary, president and CEO of the Eastern States Exposition, recently announced that the organization will embark on a $2.2 million construction project to build a covered warm-up arena attached to its C-Barn, the main horse barn used by the ESE Horse Show conducted during the Big E as well as a number of year-round equine events. Exposition officials vowed to continue their commitment to agriculture and the horse show by further developing infrastructure to maintain ESE’s position as New England’s most-sought-after equine destination. McCary noted in a statement, “I am confident that this project will further solidify the exposition’s position as the premier horse show facility in the Northeast. Our commitment to agriculture and our horse show, which began here in 1916, is ongoing.” The Exposition is also home to 12 year-round horse shows as well as a major equine-related trade show, Equine Affaire, held each November. The new arena will match the height of the existing building, and the 66’ x 170’ clear span outdoor roof will be bordered by a four-foot brick perimeter wall with pre-cast concrete upright posts. The exterior of the structure will mirror the north wall of the existing barn, and its walls will consist of a permeable vinyl designed to protect riders and horses from the elements while providing air circulation and ventilation. Each end of the covered arena will feature 20-foot ornamental iron sliding gates. Riders will be cooled by 16’, low-speed, high-volume fans. New lighting will be installed, and the riding arena will have spray irrigation and underground drainage. An existing angled doorway will be enlarged to 12’ x 14’ so riders may enter and exit the ring on horseback, and the immediate exterior area will also be covered. The project is the result of an extensive study of ESE facilities, conducted in 2010 to assess the needs of existing tenants and look toward future year-round growth. The research included a major engineering study of the Coliseum by Populous of Knoxville, Tenn., and a marketing analysis by AECOM of Washington, D.C. The Exposition will assume financial responsibility of the project and will receive no funding from the state. In addition, its 2011 capital budget of more than $1.1 million will include the installation of a new roof and other major improvements to the Coliseum. F-Barn, an auxiliary barn with 100 horse stalls located in the southwest corner of the fairgrounds, will also receive a new, upgraded metal roof. McCary noted, “we are investing in our future to maintain our roots and stay viable in an ever-changing marketplace.” The design architects for the project are Charlie Smith and David Forkner of Populous, in Knoxville. Neffinger Architects, of West Springfield, will serve as the architect of record. This winter, contractors will be selected, and construction will begin at the end of March. The project will be completed in time for the 2011 Big E, planned for Sept. 16 through Oct. 2.

People on the Move

By BusinessWest Staff January 18, 2011

Departments People on the Move

People on the Move

van Schouwen Associates, LLC, of Longmeadow announced the following:

Shannon Filipelli

• Shannon Filippelli has been promoted to Director of Strategic Communications; and

Staasi Heropoulos

• Staasi Heropoulos has been hired as Manager of Strategic Communications.
The expanded staffing and organizational changes come as the firm inks several contracts for new business with a regional bank, national retailer, international component R&D test firm, health care services organization, and other companies.
•••••
Dr. Michael Coppola has been elected President of the Washington, D.C.-based American Sleep Apnea Assoc. for 2011. Coppola, who specializes in pulmonary and sleep medicine, has served on the association’s Board of Directors since 2004. He is President and CEO of Springfield Medical Associates. He also serves as an Associate Clinical Professor of Medicine at Tufts University School of Medicine.
•••••
Jeffrey Corrigan has been named Vice President of Human Resources at the Brattleboro Retreat, Brattleboro, Vt. Corrigan has close to 30 years of experience in leading human resources in health care settings.
•••••
Marta Nichols has been appointed CitiStat Director for the City of Springfield. Nichols will be responsible for managing the development and implementation of CitiStat, Performance Management and ACE/LEAN, including the development of all policies, processes, and communication programs. Nichols will also serve as a member of the steering committees that drive Continuous Improvement Springfield, as well as identify, analyze, prioritize, and make recommendations to the committee. Additionally, she will advise Mayor Domenic J. Sarno and Chief Administrative and Financial Officer Lee C. Erdmann on department activities, problems, and performance.
•••••

Christina M. Sousa

TD Bank has named Christina M. Sousa the Store Manager of the Ludlow Center store at 549 Center St. An Assistant Vice President, she is responsible for new-business development, consumer and business lending, and managing personnel and day-to-day operations at the store.
•••••
Attorney Rosemary J. Nevins has been named Senior Counsel at Royal LLP, 270 Pleasant St., Northampton. Nevins has more than 25 years of experience in labor and employment law.
•••••
John Kennedy has been named Vice Chancellor for University Relations at UMass Amherst. He will direct the campus’ marketing, branding, and communication efforts. He will also oversee units responsible for communications and marketing, news and media relations, and external relations and university events.
•••••
The Central Massachusetts South Chamber of Commerce in Sturbridge announced the following:
• Michael Detarando, of Incom, has been named to the Board of Directors;
• Jonathan Kelley, of Savers Bank, has been named to the Board of Directors;
• James Leaming, of Yogi Bear’s Jellystone Park, has been named to the Board of Directors; and
• Thea Marcoux, of SCHOTT North America, has been named to the Board of Directors.
•••••

Denise McCarthy

Denise McCarthy has joined Marcotte Ford in Holyoke as Business Development Manager. She is responsible for generating new business for the dealership by cultivating Internet inquiries as well as communicating with existing prospects and customers. She also promotes the dealership through participation in the Holyoke and Chicopee Chambers of Commerce and off-site marketing and community events.
•••••
Alfredo Batista has joined Keller Williams Realty in its Longmeadow office.
•••••
David Barclay has been appointed as Director of Development at Historic Deerfield.
•••••
Psychologist L. Saxon Elliott has joined James Levine Associates in Westfield and South Hadley.
•••••
Jeremy M. Leblond, a Certified Public Accountant, has joined the firm of Aaron Smith, Certified Public Accountants and Business Consultants, of East Longmeadow, as a Manager.
•••••
Attorney Carol Cioe Klyman, of the firm Shatz, Schwartz and Fentin, of Springfield and Northampton, has been elected as a Fellow of the Board of Regents of the American College of Trust and Estate Counsel.
•••••
Bradley Newell has joined Consolidated Health Plans in Springfield as Chief Financial Officer.
•••••
Northampton Planning Director Wayne Feiden has been nominated as an honorary member of the American Institute for Architects. His nomination states that Northampton has received the highest score in Massachusetts for sustainability in five of the past six years.
•••••
Tom O’Regan has been hired at UMass Amherst as the Manager who oversees emergency preparedness planning and response activities for the campus.
•••••
Frank DeCaro was recently honored as one of PepsiCo’s top performers worldwide with induction into the inaugural group of Chairman’s Circle of Champion winners. He was among 216 Associates from PepsiCo’s more than 250,000-person global operations team to win the honor.
•••••
Henry J. Drapalski Jr. has been named the Center for Human Development’s Vice President of Business Planning & Analysis. He will be responsible for analyzing business operations and fiscal performance and planning future growth for the $58 million, nonprofit agency.

Briefcase

By BusinessWest Staff January 18, 2011

Briefcase Departments

Denver Stepping Down as Chamber President
SPRINGFIELD — After 14 years as president of the Affiliated Chambers of Commerce of Greater Springfield, Russell F. Denver recently announced he is leaving that post in the coming weeks to pursue other professional opportunities. Denver, an attorney, noted that he feels now is the opportune time to step down and bring in someone else with a fresh perspective. Citing his accomplishments, Denver noted in particular the Urban Land Institute’s work that has been done in the city. Before leaving his post, Denver plans to complete work on zoning revisions for the city, as well as the new “Make It Happen” marketing campaign for Springfield. Jeffrey S. Ciuffreda, vice president of government affairs for the Affiliated Chambers, will serve as interim president. Currently, the Affiliated Chambers of Commerce have approximately 1,200 members and an annual budget of $300,000. The Affiliated Chambers include the Springfield Chamber of Commerce, the West of the River Chamber of Commerce, the East of the River Chamber of Commerce, and the Professional Women’s Chamber of Commerce.

Springfield Leadership Institute Registration Underway
SPRINGFIELD — Registration is underway for this year’s Springfield Leadership Institute (SLI), which represents a 37-plus-year collaboration between the Affiliated Chambers of Commerce of Greater Springfield and the Western New England College School of Business. Institute alumni represent many accomplished and distinguished leaders in business, education, government, and nonprofit communities. The 2011 Springfield Leadership Institute, which begins on Feb. 17, will challenge participants to think in new ways and to analyze their own strengths and organizational challenges within a dynamic economy. SLI is taught by Western New England College faculty, who will introduce participants to emerging leadership theory and best practices. A segment on ‘Leadership Presence’ is being added this year along with the institute’s continued emphasis on problem-solving at the executive level. Case studies have also been updated for the 2011 program. The program meets every Thursday from 1 to 4:30 p.m. in the TD Bank Conference Center, 1441 Main St. Participants in SLI learn how to be more effective leaders and how to have the power to make an important difference both in the workplace and in the community. Contact Lynn Johnson at (413) 755-1310 or at [email protected] for more information.

2011 Woman of the Year Nominations Sought
SPRINGFIELD — The Professional Women’s Chamber of Commerce, a division of the Affiliated Chambers of Commerce of Greater Springfield, is seeking nominations for the 2011 Woman of the Year Award. The award has been presented annually since 1954 to a woman in the Western Mass. area who exemplifies outstanding leadership, professional accomplishment, and service to the community. The nominee’s achievements can be representative of a lifetime’s work or for more recent successes. Any woman in the Pioneer Valley is eligible for nomination, and a chamber affiliation is not required. To obtain a nomination form, visit www.professionalwomenschamber.com or e-mail committee chair Michelle Cayo at [email protected]. The deadline for nominations is Feb. 11.

Call for ADDY Award Submissions
SPRINGFIELD — The Advertising Club of Western Massachusetts (ACWM) welcomes submissions for its 2011 ADDY Awards from individuals and organizations throughout Hampden, Hampshire, Franklin, and Berkshire counties. The annual competition recognizes creative excellence in all media, including print, broadcast, interactive, out-of-home, and public-service advertising. The ADDY Awards competition is a three-tier (local, regional, and national) competition conducted annually by the American Advertising Federation (AAF). ACWM is the only AAF-member club in the New England district. A panel of advertising experts will select winners in Springfield on Feb. 11. All entries must be registered online. For information on submission guidelines and a direct link to commence the submission process, visit www.submitandrepresent.com. The deadline for mail submission is Jan. 31. In-person submissions will be accepted on Feb. 4 from 9 a.m. to 5 p.m. in the Berkshire Bank community room, 1259 East Columbus Ave., Springfield. For more information, call the Ad Club at (413) 736-2582.

Unemployment Hits 20.7% in Construction Sector
WASHINGTON — Despite a slight drop in the nation’s unemployment rate, the construction industry ended 2010 with a jobless rate of 20.7%, according to the Jan. 7 report by the U.S. Labor Department. The construction industry lost 16,000 jobs last month and 93,000 jobs, or 1.6%, compared to December 2009. While the unemployment rate was up from 18.8% last November, it is down from 22.7% in December 2009. The average annual unemployment rate for the construction industry in 2010 was 20.6%, compared to 19.0% in 2009 and 10.6% in 2008. The non-residential building construction sector lost 400 jobs in December, but was up by 5,700 jobs, or 0.8%, from the same time one year ago — the first year-over-year growth since August 2008. Employment in that sector was 688,300 in December on a seasonally adjusted basis. Employment in heavy and civil engineering construction decreased for the second straight month, down 12,700 in December. However, employment in that sector was up by 18,100 jobs, or 2.3%, from December 2009. Specialty trade contractors gained 3,300 jobs last month, but the segment is down 79,000 jobs, or 2.2%, from the same time last year. The residential-building construction sector shed 5,900 jobs for the month and 37,000, or 6.2%, for the year. The nation gained 103,000 jobs in all industries in December, with the bulk of job growth in leisure and hospitality, up 47,000 jobs; education and health services, up 44,000 jobs; and trade, transportation, and utilities, up 31,000 jobs. Year-over-year, the nation has gained 1,124,000 jobs, or 0.9%. The nation’s unemployment rate dropped to 9.4% in December from 9.8% the previous month. “The nation’s construction industry should be glad to see 2010 in the rearview mirror, as the sector ended the year on a dismal note,” said Associated Builders and Contractors Chief Economist Anirban Basu in a prepared statement. “It is noteworthy that heavy and civil engineering has lost jobs for two consecutive months, which may be a reflection of the steadily slowing impact of federal stimulus spending. For much of the past year, that segment had been adding jobs. The expectation is that the nation will continue to add jobs. However, the construction sector is poised to underperform in the year ahead due to a number of factors, including dwindling direct impact from stimulus spending and the ongoing malaise in commercial real estate. With a national unemployment rate now at 9.4% — the lowest rate since May 2009 — this is an indication that the labor market is improving reasonably quickly. However, this does not seem to be the case with the construction industry, as today’s numbers may be a reflection of numerous factors in the economy, including still-subdued confidence among business owners and decision-makers.”

Uptick in Car Sales Sends Optimistic Sign
DETROIT — U.S. automakers will take a victory lap at the Detroit auto show this month after a measurable recovery from years of losses, a shrinking of market share to Asian rivals, and the bankruptcy troubles of Chrysler and General Motors (GM), according to Edmunds.com. GM posted a $2 billion third-quarter profit and then launched a public stock offering in November, while Chrysler increased its market share in 2010 and will introduce two new models this month at the auto show. Also, Ford was able to regain the number-two spot in the U.S. market from Toyota in 2010 when it saw its share grow for the second consecutive year. Overall, U.S. auto sales rose 11% last year to 11.6 million vehicles. Sales forecasts predict sales of 12.5 to 13.5 million units in 2011, and Toyota hopes its prospects are good for big gains despite its recent recalls. “If [the Detroit Three] can make money at depression-level sales, it tells you something dramatic has changed,” said David Cole, chairman of the Center for Automotive Research in Ann Arbor, Mich., in a prepared statement. “If we get back to 13, 14, 15 million units, this is going to be an astonishingly profitable business.” In the coming months, automakers are also expected to revamp their lineups with ‘green’ cars that will meet new emissions standards. Toyota will be expanding its Prius hybrid with the introduction of a new wagon, Tesla will be showing a luxury electric sedan, and GM launches its subcompact, the Chevy Sonic, as well as a compact Buick and the plug-in hybrid Chevy Volt. However, “the risk to the marketplace is that consumers aren’t asking for these,” said Rebecca Lindland, an analyst with IHS Automotive. Hybrid auto sales fell last year to 2.4% of the U.S. market from 2.8% in 2009, according to Autodata. The North American International Auto Show is open to the public Jan. 15-23.

Link to Libraries Receives Grant
EAST LONGMEADOW — The Service League of Springfield (Philanthropic Management–Bank of America) has made a $1,000 grant to Link to Libraries Inc. The organization will use the grant to offer Senior Connections, a Link to Libraries read-aloud program for children in the Holyoke and Springfield areas who are enrolled in preschool programs. The program is conducted in collaboration with Loomis Communities and Reeds Landing residents. The residents will team up with Link to Libraries educators and volunteers to offer preschool-age children reading programs locally during the spring and fall. Susan Jaye-Kaplan, co-founder of Link to Libraries, noted in a statement, “this collaboration is yet another partnership with local residents and agencies to enhance the reading skills of children of all ages and to make a connection with talented adults who reside in our community and want to remain active.” The Link to Libraries Senior Connection will be managed by Roberta Hillenberg-Gang of Longmeadow, who serves on the organization’s advisory committee. For more information, visit www.linktolibraries.org or call (413) 224-1031.

Chamber Corners: Upcoming Events

By BusinessWest Staff January 18, 2011

Chamber Corners Departments

Affiliated Chambers of Commerce of Greater Springfield
www.myonlinechamber.com
(413) 787-1555

• Jan. 19: Professional Women’s Chamber 13th Annual Business Expo, 11:30 a.m. to 1:30 p.m., Max’s Tavern, MassMutual Room. Cost, Table Top: members $60, non-members $90 (includes one lunch ticket). Cost, lunch only: members $25, non-members $35. For reservations, contact Lynn Johnson PWC liaison, at (413) 755-1310 or [email protected]

• Jan. 22: West of the River Chamber of Commerce Night at the Falcons, 7:30 p.m., MassMutual Center. Cost: $10. For reservations, call Chris Thompson at (413) 739-3344 ext. 109.

Young Professional Society of Greater Springfield
www.springfieldyps.com

• Jan. 20: Third Thursday, 5 to 8 p.m., Panana’s Restaurant, Agawam. Cost: free for members, non-members $10. Includes food and cash bar.

Chicopee Chamber of Commerce
www.chicopeechamber.org
(413) 594-2101

• Jan. 19: Salute Breakfast, 7:15 to 9 a.m., MassMutual Learning & Conference Center, 350 Memorial Dr., Chicopee. Cost: members $18, non-members $25. For tickets, call the chamber at (413) 594-2101 or purchase online at www.chicopeechamber.org

Greater Easthampton Chamber of Commerce
www.easthamptonchamber.org
(413) 527-9414

• Jan. 27: Greater Easthampton Chamber of Commerce Annual Meeting and 50th Anniversary Dinner, 5 p.m., the Delaney House, 500 Country Club Road, Holyoke. Cranberry chicken and halibut combo luncheon. Cost: members $29.95, non-members $32.95.

Greater Holyoke Chamber of Commerce
www.holycham.com
(413) 534-3376

• Jan. 19: Chamber After Hours, 5 to 7 p.m., hosted and sponsored by Homewood Suites, 375 Whitney Ave., Holyoke. Cost: members $5, non-members $10 cash.
n Jan. 25: Computer Security Seminar, 8 to 11 a.m., Mass Mutual Conference Center, Chicopee

Northampton Area Young Professional Society
www.thenayp.com
(413) 584-1900

• Jan. 30: Bowl with a Purpose, 12 to 2 p.m., Spare Time, 525 Pleasant St., Northampton. Charity fund-raiser. Teams of four to six players. Registrants can register as a team or be placed on a team. Cost: $20 pre-registered, $25 at the door. Includes unlimited bowling during the event, shoe rental, pizza, and soda. For registration information, visit www.thenayp.com

South Hadley/Granby Chamber of Commerce
www.shchamber.com
(413) 532-6451

• Jan. 25: President’s Dinner, cocktails at 5:30 p.m., dinner at 6:30 p. m., Willitts-Hallowell Center, Mount Holyoke College. Sponsors: premier members. Special guest speakers: TBD. Annual business meeting. Cost: $37. Check must be received by Jan. 21.

Agenda

By BusinessWest Staff January 18, 2011

Agenda Departments

Smart Growth Zoning
Jan. 24: Proposed locations for Chapter 40R Smart Growth districts will be presented to Ludlow residents at 6 p.m. at Ludlow Town Hall. Chapter 40R Smart Growth zoning districts encourage a higher concentration of housing and mixed-use developments in areas with existing infrastructure to create a range of housing options and spur community revitalization. Communities that adopt Smart Growth zoning districts are eligible to receive special state funds. The presentation will be facilitated by the town’s Smart Growth Zoning Advisory Committee and the Pioneer Valley Planning Commission.

Clio Awards
Jan. 26: The Ad Club of Western Mass. will showcase the 2010 television/cinema winners from the 2010 Clio Awards, one of the most recognized international advertising, design, and communication competitions, from 11:30 a.m. to 1:30 p.m. at Rivers Memorial, Western New England College, Springfield. Reservations must be made by Jan. 19 by calling (413) 736-2582. The cost is $25 for Ad Club members, $35 for non-members, and $15 for students. For more information, visit www.adclubwm.org.

Visionaries Forum
Jan. 28: The University of Hartford’s Construction Institute will host its second annual Visionaries Forum, part of the A/E/C Issues series, “A Visionary Approach to Design and Construction,” from 8:30 to 11:30 a.m. at the Crowne Plaza Cromwell in Cromwell, Conn. Program registration, continental breakfast, and networking will begin at 7:45 a.m. For more information or to register, visit www.construction.org.

Rick’s Place Benefit
Feb. 5: The third annual Heart to Heart fund-raiser for Rick’s Place is planned from 6:30 to 10 p.m. at the Ludlow Country Club. Established in memory of Rick Thorpe, who died in Tower Two of the World Trade Center on 9/11, Rick’s Place was created to provide a supportive, secure environment where families can remember their loved ones and avoid the sense of isolation that a loss can produce. For ticket information, call Shelly Bathe Lenn at (413) 348-3120 or visit www.ricksplacema.org.

Business Open House
Feb. 9: The Scibelli Enterprise Center at the STCC Technology Park in Springfield will host an open house titled “Growing Successful Small Businesses” from noon to 1 p.m. The event is offered to explain how the Enterprise Center is the regional hub for entrepreneurship for Western Mass. Small-business owners and service providers are encouraged to attend the open house. For more information, call (413) 755-6109 or visit
www.springfieldincubator.com.

National College Fair
March 6-7: The Eastern States Exposition in West Springfield is the setting for the Springfield National College Fair, slated from 1 to 4 p.m. on March 6 and from 9 a.m. to noon on March 7. Sponsored by the National Assoc. for College Admission Counseling and hosted by the New England Association for College Admission Counseling, the event is free and open to the public. The fair allows students and parents to meet one-on-one with admission representatives from a wide range of national and international, public and private, two-year and four-year colleges and universities. Participants will learn about admission requirements, financial aid, course offerings, and campus environment, as well as other information pertinent to the college-selection process. Students can register at www.gotomyncf.com prior to attending the event to receive a printed bar-coded confirmation to use on-site at the fair as an electronic ID.

Summer Business Summit
June 27-28: The Resort and Conference Center of Hyannis will be the setting for the Summer Business Summit, hosted by the Mass. Chamber of Business and Industry of Boston. Nominations are being accepted for the Massachusetts Chamber, Business of the Year, and Employer of Choice awards. The two-day conference will feature educational speakers, presentations by lawmakers, VIP receptions, and more. For more information, visit www.masscbi.com.

Picture This

By BusinessWest Staff January 18, 2011

Departments Picture This

Send photos with a caption and contact information to: ‘Picture This’
c/o BusinessWest Magazine, 1441 Main Street, Springfield, MA 01103
or to [email protected]

Tools for Tomorrow

Two students in the Energy Systems Technology program at Springfield Technical Community College were recently awarded $2,000 scholarships from W.W. Grainger. In addition to the Grainger Tools for Tomorrow scholarship, the students will each receive a customized professional Westward toolkit, valued at $1,000, upon graduation. From left, STCC Energy Systems Technology Department Chair Bob Bujak; scholarship winners Brian Patterson and Luke Hardy; John Duffy, branch manager of the W.W. Grainger Springfield office; and Energy Systems Professor Michael Siciliano.

Future Writers

BusinessWest Editor George O’Brien reads to students at Springfield’s Dorman School as part of the Link to Libraries read-aloud program. The students were given a book to take home, as well as a Link to Libraries book bag.

Court Dockets

By BusinessWest Staff January 18, 2011

Court Dockets Departments

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

FRANKLIN SUPERIOR COURT
Paula Parsons, as executrix of the estate of Catherine Wellinger v. The Arbors at Greenfield
Allegation: Negligence and failure to provide adequate staffing and supervision, leading to wrongful death: $25,000+
Filed: 11/15/10

HAMPDEN SUPERIOR COURT
Alton E. Gleason Co. v. Cardaropoli Realty
Allegation: Breach of contract: $49,150
Filed: 11/12/10

Baystate Contracting Services Inc. v. Weston Sampson CMR Inc.
Alle gation: Failure to pay under the terms of a construction agreement: $122,031.70
Filed: 11/11/10

Bradco Supply v. Multi-State Roofing Inc.
Allegation: Non-payment of goods sold and delivered: $34,916.38
Filed: 11/3/10

Central Mutual Insurance v. All Hose Inc.
Allegation: Negligence causing fire damage to a property leased to defendant: $263,326.89
Filed: 11/5/10

Michelle Ruby v. Cyalume Technologies Inc.
Allegation: Unfair and deceptive business practices: $268,000
Filed: 11/9/10

Western Mass. Electric Co. v. Springfield Technology Corp.
Allegation: Non-payment of utility services rendered: $158,542.50
Filed: 11/3/10

NORTHAMPTON DISTRICT COURT
EMAP Limited v. The October Co. d/b/a/ Chemetal
Allegation: Breach of contract and unjust enrichment: $18,251.95
Filed: 12/13/10

SPRINGFIELD DISTRICT COURT
Accutech Insulation & Contracting v. Springfield Group Inc.
Allegation: Non-payment of materials, equipment, and services on a construction project: $16,677.46
Filed: 11/22/10

Performance Food Group v. Elita 7, LLC d/b/a/ Donna Kay Rest Home
Allegation: Non-payment of goods provided on credit account: $34,935.88
Filed: 11/23/10

Performance Food Group v. Samco and Jason J. Boucher
Allegation: Non-payment of goods provided on credit account: $47,220.82
Filed: 11/23/10

Performance Food Group v. Worcester Light d/b/a Anna Maria Rest Home
Allegation: Non-payment of goods provided on credit account: $35,072.77
Filed: 11/23/10

United Rentals v. Converted Organics Inc.
Allegation: Non-payment of materials, equipment, and services on a construction project: $19,068.62
Filed: 11/19/10

United Rentals v. Maxton Technology Inc.
Allegation: Non-payment of materials, equipment, and services provided on a construction project: $27,506.31
Filed: 11/22/10

WESTFIELD DISTRICT COURT
Pioneer Valley Winnelson Co. v. Statewide Mechanical Contracting Inc.
Allegation: Non-payment of goods sold and delivered: $22,440.99
Filed: 12/8/10

Taking Account

By BusinessWest Staff January 18, 2011

Sections Supplements

A list of banks in Western Mass.

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Banks In Western Mass

The CLASS Act

By BusinessWest Staff January 18, 2011

Sections Supplements

Health Reform Adds a Twist to Long-term Care Insurance

Imagine that long-term care insurance meets Medicaid, and you will begin to have some idea about the new CLASS Act. CLASS is a program established by the new health care reform law, and it stands for Community Living Assistance Services and Supports.
At a time when long-term care costs are expensive and only becoming more so, the program represents the first major attempt of the federal government to provide long-term care benefits. The program went into effect on Jan. 1, 2011, but it is unlikely that you’ll be able to enroll before 2012 because a number of details still need to be ironed out.

Julie Lackner, Esq.

The program will be administered by the federal Department of Health and Human Services (HHS) and its secretary, Kathleen Sebelius. CLASS is completely voluntary and is meant to provide cash benefits to working adults who become functionally disabled.
The program is similar to private long-term care insurance because you pay the premiums. It resembles Medicaid, however, in that it offers lifetime benefits and can’t exclude people with pre-existing conditions.

Who Can Enroll?
Any working adult can participate. You must be over 18 years old and actively employed. The details of what constitutes actively employed will be determined by the HHS, but will include part-time employees who earn enough to pay Social Security taxes, or about $1,120 per year. It will also include self-employed people. Retirees, unless they continue to work part-time, will not be eligible. Patients in nursing homes and other institutions, as well as incarcerated people, will be eligible to enroll. The most attractive part of CLASS is that you are not ineligible if you already have health issues.
One major drawback of private long-term care insurance is that you are often disqualified for pre-existing conditions. The CLASS legislation prohibits this kind of underwriting. As long as you can pay the premiums for five years and continue to work at least part-time during three of those years, you can enroll, and you won’t be excluded from receiving benefits. You can either become enrolled through your employer, or you can enroll on your own if your employer decides not to participate. The method for enrolling on your own hasn’t yet been determined, but it will be up to HHS to institute that. If your employer signs up, then all employees will be automatically included. Nevertheless, you can always choose to opt out of the system.

How Much Will It Cost?
Payments for the cost of the premiums will be deducted directly from your paycheck if you enroll through your employer. When the Congressional Budget Office analyzed the legislation, it estimated that monthly premiums would average around $120. This means that, if you get paid weekly, about $30 will come out of each paycheck to pay the premiums for your coverage. Your employer will have the option of deciding whether it wants to cover any of the cost of the premiums. If you’re lucky, your employer may decide to do so as an additional part of the benefits package it offers to employees.
Under the law, premiums can be lower for younger people and higher for older participants. Generally, this makes sense because younger people will usually be paying the premiums for a longer period of time. Additionally, there are some very attractive provisions: premiums are intended to remain the same throughout a person’s lifetime, and people with health issues cannot be charged higher premiums. For people below the federal poverty line and for working students, there will be a special low premium that may be as little as $5 per month. All the premium information has to be determined by HHS by October 2012. Until then, no one knows for sure how much CLASS will cost.

How Do I Get Benefits?
The CLASS Act has various vesting requirements that you must meet before you can become eligible for benefits. First of all, you must pay the premiums for at least five years before you are eligible for benefits. Second, you must have been actively working at least three of those five years. Special rules will apply if you drop out of the program and then subsequently reapply. If you re-enroll within 90 days, your premiums will not change. After 90 days, however, the premium may be adjusted based on your current age. So if you join the program when you are 22, drop out for more than three months when you are 40, then re-enroll a year later, your new premium will be based on your current age of 40, and it is sure to be higher than the premium you had at age 22.
In addition to meeting the vesting requirements, you must have a qualifying level of disability to begin receiving benefits. The benefits granted by the program will depend on the level of physical and/or cognitive disability. The qualifying level of disability is defined as being unable to perform at least two or three of the Activities of Daily Living (ADLs), which include eating, bathing, and dressing yourself. Alternatively, the qualifying level of disability can be met if you require substantial supervision due to cognitive impairment. The disability must occur for at least 90 days consecutively to qualify. But as long as a qualifying level of disability exists, you can continue to receive benefits.

How Large Are the Benefits?
CLASS will pay a cash benefit of no less than $50 per day on average. This means that some people will receive more than $50 and some will receive less, but the average amount paid out cannot be less than $50. The benefit will depend on the level of disability and will increase annually to keep up with inflation. The beauty of CLASS is that there is no lifetime limit on benefits. If you’re eligible for benefits under CLASS and you get into a car accident at age 40 resulting in the need for care for the rest of your life, you’ll get a payment from the government every month, adjusted for inflation, as long as you live.
One criticism of the program is that CLASS could never cover the entire cost of long-term care in a nursing home. Although that is likely to be true, even $50 a day will help finance extra help at home, or take care of part of the cost of assisted living or adult day care. With the cost of a private room in a nursing home averaging over $9,700 per month in Massachusetts in 2010, every little bit helps.
CLASS can provide assistance to people who have pre-existing conditions and would never be able to obtain long-term care insurance. It can also provide benefits to those who make too much money to qualify for Medicaid but not enough to pay the premiums on private insurance. The bottom line is that CLASS is likely to be a winner because it will cost less than long-term care insurance, while providing benefits to more people.

Julie R. Lackner, Esq. is an associate attorney with the Springfield-based law firm Bacon Wilson, P.C. She handles all aspects of estate planning and elder law; (413) 781-0560; baconwilson.com; bwlaw.blogs.com

Alternatives to Chapter 11 Reorganization

By BusinessWest Staff January 18, 2011

Sections Supplements

Filing Is One Option, But There Are Many Paths to Recovery

If your business is in financial trouble, it may be tempting to consider filing a Chapter 11 bankruptcy petition. There may be many potential benefits: it puts at least a temporary stop to creditor collection efforts, it provides a venue in which to reduce a company’s debts, and it may create the vehicle from which to emerge from bankruptcy as a leaner, stronger company.

Steven Weiss

However, Chapter 11 is no automatic panacea for an ailing business.
Chapter 11 proceedings are expensive and a considerable distraction to the regular conduct of business. There will be supervision and reporting requirements with an unsecured-creditors committee and the U.S. trustee. The fees for the company’s bankruptcy attorneys and other professionals are considerable. Also, there will almost certainly be reductions in revenue immediately after customers learn of a Chapter 11 filing. And while it is relatively easy to get into Chapter 11, successfully emerging from bankruptcy is by no means assured. Fortunately, there are simpler, less costly alternatives; indeed, the best reorganizations are usually the ones that never see the inside of the bankruptcy court.
Perhaps the most important part of the reorganization analysis is to take a cold, dispassionate look at a business to see if there is really a core business that can be successful. This can be particularly difficult for owners of small businesses, who may have spent their adult lives developing the operation, or for owners who have taken over operations from the family founders of the business. However, there is little point to incurring the financial — and emotional — efforts of reorganization if there is little chance of success. So business owners need to ask some tough questions.
Are the financial troubles attributable to a one-time event, such as the loss of a major customer? Or are they due to a steady decline in revenue? Are certain parts of the business dragging down the other, more profitable lines? Are there weaknesses with current management that can be resolved? Is the amount of debt that won’t go away easily, e.g., bank debt and tax obligations, too high to be addressed even in a reorganization?
Because it is obviously difficult for a business owner to give these questions a truly unbiased analysis, it is useful, and probably imperative, to involve legal and financial advisors in the process.
If there is a viable business plan, the next step is to determine whether the plan can be accomplished without a Chapter 11 reorganization, and the first part of this process is to determine the primary sources of the financial pressure. For instance, if a secured lender is threatening collection action, then management’s efforts should be focused on reaching some accommodation with the lender. Secured lenders obviously have to be concerned with customers’ performance; however, except in rare instances, lenders would rather have a client continue to operate and make payments than have to liquidate their collateral.
Thus, banks may be willing to enter into forbearance agreements. Typically, these agreements provide for reduced payments and time to restructure a business or seek alternate financing. Lenders may also be willing to allow borrowers to liquidate unnecessary assets or business lines on a going-concern basis, which will usually generate better results than an auction sale.
If, on the other hand, the primary business is suffering pressure from trade creditors, there are other tactics. Fortunately for small businesses, unsecured creditors have limited legal remedies and little leverage in collection efforts, especially if the bank lender has a blanket lien on all of the business assets. And most sophisticated creditors know this. So trade creditors are often willing to take a significant discount on their claims simply because getting something is better than nothing. These discounts can be affected in a number of ways, depending on the circumstances of each business.
In some instances, arrangements can be made with individual creditors. If the creditor pressure is broadly based, making individual settlements may not be practical. Surprisingly, a carefully worded letter from counsel, explaining the circumstances and proposing either a moratorium on debt payments or discounted settlements to all trade creditors, may be accepted by the overwhelming majority. In some circumstances, particularly in larger businesses in which there are concentrated creditor bodies, groups of creditors may combine to form an informal committee to negotiate a settlement with creditors.
Many — indeed, maybe most — Chapter 11s being filed in recent years are not true reorganizations; instead, they result in sales of the company’s business as a going concern. Again, while there may be reasons to sell a business through the bankruptcy process, there are non-bankruptcy alternatives to a court-supervised sale.
Chief among these are assignments for the benefit of creditors. These are non-judicial business liquidations conducted under Massachusetts law. Management can choose the assignee, usually an attorney with bankruptcy and collection expertise. The assignee conducts his or her due diligence to ensure that the sale transaction is a fair disposition of the assets, and that there will be at least some meaningful dividend to unsecured creditors.
The assignee has wide latitude in how the sale will take place; while it can be by auction, he or she can also sell the assets as a going concern, which may contain terms favorable to management, such as employment agreements.
Once the assets are sold, the assignee notifies all creditors and provides them with a form for submitting their claims. If sufficient numbers of creditors accept the assignment, the assignee then makes a distribution to creditors. Again, the benefit to trade creditors is that they receive partial payment on their claims far more quickly than would be the case in liquidation proceedings in bankruptcy court.
Ultimately, Chapter 11 is like any other legal strategy; it may be useful, but only in the right circumstances, and only after other, less costly alternatives are considered.

Attorney Steven Weiss is a partner with Springfield-based Shatz, Schwartz and Fentin. He concentrates his practice in the areas of commercial and consumer bankruptcy, reorganization, and litigation. Weiss supervises the firm’s bankruptcy, reorganization, and workout practice; represents creditors, debtors, and others in both commercial and consumer bankruptcy cases throughout Massachusetts; and has been a member of the private panel of Chapter 7 Trustees for the District of Massachusetts since 1987, and also serves as a Chapter 11 trustee; (413) 737-1131.

It’s a Relief

By BusinessWest Staff January 18, 2011

Sections Supplements

What the Recently Passed Tax Legislation Means for You

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (the 2010 Tax Relief Act) was signed into law Dec. 17, 2010, avoiding what would have been one of the largest tax increases in history if Congress and the president had not compromised.

Terri Judycki, CPA, MST

As background, in 2001 and 2003 Senate Republicans were not certain they could pass permanent tax cuts with the required votes. As a result, both the 2001 and 2003 tax cut acts were passed as reconciliation bills that needed fewer votes. Under the ‘Byrd rule,’ bills passed under reconciliation may not alter federal revenue for more than 10 years. Consequently, the 2001 and 2003 tax cuts were scheduled to sunset after 2010.
The 2010 Tax Relief Act extends the Bush-era individual income tax cuts for all taxpayers and makes many other changes. A brief description of some of the provisions follows.

Individual Income Tax Rates
The sunsetting of the tax cuts would have resulted in tax rates of 15%, 28%, 31%, 36%, and 39.6%. Under the 2010 Tax Relief Act, individual income-tax rates will remain at the current levels for 2010 and 2011: 10%, 15%, 25%, 28%, 33%, and 35%.

Capital Gains/Qualified Dividends
The maximum rate of 15% for long-term capital gains and qualified dividends have also been extended through 2012. Taxpayers in the 10% and 15% tax brackets continue to pay 0% on this income. Had this provision been permitted to expire, the maximum rate of tax would have been 20% on long-term capital gains, 39.6% on qualified dividends.

Itemized Deduction and
Personal Exemption Limitations
Higher-income individuals would again have found their itemized deductions and personal exemptions reduced. Under the 2010 Tax Relief Act, higher-income taxpayers will receive benefit of the full deduction through 2012.

Marriage Penalty Relief
This refers only to the tax penalty. The expiring tax provisions provided that the standard deduction and the 15% tax bracket for married couples filing jointly were double that of a single filer. This is extended through 2012.

Alternative Minimum Tax (AMT)
The 2010 Tax Relief Act includes an AMT patch for 2010 and 2011. The patch provides increased exemption amounts to avoid impacting many middle-class taxpayers.

Charitable Incentives
The Tax Relief Act extends several charitable incentives, including tax-free distributions from IRAs to charitable organizations.

Individual Tax Credits
The act extends various credits through 2012, including the $1,000 child tax credit and the American Opportunity Tax Credit for higher education expenses.

Individual Tax Extenders
Expiring at the end of 2009, the following were extended for 2010 and 2011: state and local sales-tax deduction, higher-education tuition deduction, and teacher’s classroom-expense deduction.

Payroll Tax Cut
For 2011 only, the employee portion of the Social Security tax is reduced from 6.2% to 4.2%. The self-employment tax rate is also reduced by 2%. In 2009 and 2010, the Making Work Pay credit provided a $400 credit to single filers and $800 to taxpayers filing jointly, subject to phaseout for higher-income taxpayers. This new payroll tax ‘holiday’ has no income limitation. Therefore, jointly filing taxpayers who make more than $40,000 will receive more under the new holiday, while those public employees who do not pay into Social Security will not receive any benefit.

Section 179 Expensing
Under Section 179, a business meeting certain limits can currently expense the cost of asset purchases. The 2010 Small Business Jobs Act increased the expense limit to $500,000 for businesses with maximum investment for the year of $2 million for 2010 and 2011. The 2010 Tax Relief Act provides for a 2012 limit of $125,000 for businesses with a maximum investment of $500,000, indexed for inflation. Setting the 2012 limit now may permit businesses to budget capital improvements.

Bonus Depreciation
Under the 2010 Small Business Jobs Act, businesses could claim 50% bonus depreciation on qualified assets. Under the Tax Relief Act, bonus depreciation is increased to 100% for qualifying assets placed in service between Sept. 9, 2010 and Dec. 31, 2011. For assets placed in service during 2012, 50% bonus depreciation will apply. While 100% bonus depreciation sounds like Section 179 expensing, bonus depreciation is not subject to limitations for businesses that make large capital-asset purchases and is not subject to the Section 179 income limitations. Unlike Section 179 expensing, bonus depreciation can create or increase a net operating loss. On the other hand, many states do not allow bonus depreciation, but do allow Section 179 if claimed on the federal return.

Tax Credits
Several credits were extended, including the research credit that had expired at the end of 2009, as well as various energy credits.

Estate and GST Taxes
The 2001 tax cut phased out the estate and generation-skipping transfer (GST) taxes so that they were fully repealed in 2010. In 2009, there was a $3.5 million estate/GST tax exemption and a 45% estate-tax rate. In 2010, in lieu of estate taxes, a modified carryover basis would apply to assets owned by a decedent. In 2011, the estate/GST tax was scheduled to return with a $1 million exemption and estate tax rates up to 60%.
The 2010 Tax Relief Act reinstates the estate tax for decedents dying after Dec. 31, 2009, but with a $5 million exemption and a 35% estate tax rate. Estates of decedents dying in 2010 have the option to elect either the new estate tax or the modified carryover basis. There are also significant opportunities for GST tax planning, but those changes are too technical for this article. Suffice it to say that many wealthy taxpayers should be funding new GST trusts by the end of 2010. The new estate-tax regime is once again temporary and scheduled to sunset at the end of 2012.

Conclusion
The 2010 Tax Relief Act also included temporary extension of unemployment insurance, with the total cost estimated at about $858 billion by the Joint Committee on Taxation.
The new law allows taxpayers to plan through 2012, a presidential election year. One of the bigger battles this year concerned extending the tax cuts for higher-income taxpayers, not just those making less than $200,000 if single ($250,000 if filing jointly) as proposed by the Obama administration. It’s reasonable to expect that debate to resurface in 2012. n

Terri Judycki, CPA, MST, is senior tax manager with the certified public accounting firm Meyers Brothers Kalicka, P.C., based in Holyoke; (413) 536-8510.

Profiles in Business

By BusinessWest Staff January 18, 2011

Sam Hanmer President of FieldEddy Insurance Network

Features

Insurance Exec Has Modesty Element Fully Covered

Sam Hanmer President of FieldEddy Insurance Network

Sam Hanmer could play football for Bill Bellichick.
Well … he could handle the pre- and post-game interviews with the media, anyway.
He sure sounds like one of the Patriots when he talks about his career, his life, and the things that define it. He’d much rather talk about the team than himself, and there’s an unassuming, ‘just-doing-my-job,’ ‘it’s-really-no-big-deal’ tone, or attitude, to much, if not almost all, of what he says. However, there’s a little more dry humor than most of the Patriots display.
Consider this comment when asked how he was able to exponentially grow what is now known as the FieldEddy Insurance Network in the 14 or so years after he took the reins as CEO soon after his father retired from the agency known as Field, Eddy and Bulkley:
“I think the thing I’ve done best is put together a really good team of people,” he started. “I want people to be smarter than me when they come here — which isn’t saying much, believe me; that’s not exactly a lofty goal. Together, this team gets it done, and they’ve enabled me to achieve a good work-life balance.”
There was similar modesty when he was talking about his athletic ability and proficiency in various sports.
Indeed, when asked if he was in an over-40 hockey league (he’s 48 and loves the game), he said, “no, but I’m certainly ready for one. I’m still in an over-30 league, and those guys are too fast for me. I’ve got to move on.”
On skiing: “I wouldn’t say I’m good at it … I’d leave it up to the people I ski with to say how good I am.” And on his exploits in triathlon competitions: “I just do the sprints, which is a half-mile swimming, 15 miles on the bike, and a three- or four-mile run,” he said, noting that these events progress markedly, distance-wise, with the so-called Olympic, half, and full, or ‘ironman,’ triathlons. “Each year I think I’m going to do an Olympic or a half, but haven’t gotten there yet; primarily, it’s the swimming that’s holding me back.”
Despite the understated tone to all these comments — and Hanmer’s insistence that his partner, FieldEddy President Timm Marini, who did spend some time playing for the NFL’s Miami Dolphins; his son, in training to be a marine biologist; or virtually anyone else would be a better profile subject for BusinessWest — there is an intriguing story here. Actually, several of them.
The first involves business, of course, and the expansion of FieldEddy well beyond its roots in downtown Springfield, an initiative that Hanmer orchestrated, and that continues today, although current market conditions have brought a temporary halt to the spate of acquisitions.
There’s also a strong track record of community involvement, especially with the YMCA of Greater Springfield, where Hanmer is in his fourth year as board chair and in the middle of his second search for an executive director with the recent departure of James O’S Morton for the Hartford YMCA.
Overall, there seems to be an attractive work-life balance that many business executives are still searching for. Indeed, thanks to that team he mentioned earlier, Hanmer was able to take Fridays off last summer and fall and spend more time at a home he purchased a few years ago in West Yarmouth. And with ski season now in full force, he’s thinking strongly about continuing that schedule into the spring.
The house on the Cape hasn’t helped Hanmer’s golf handicap — weekends there mean less time to play and practice — but he still gets out regularly enough, and there are those other sports, and even a fascination for ’60s and ’70s muscle cars, especially the Pontiac GTO.
“I’ve owned three of them — I’m a car nut,” he said, listing a ’65 tri-power, a ’65 four-barrel convertible, and ’67 hardtop, with a tinge of lament in his voice as he uses the past tense. “I’ll get another one … someday.”
For this, the latest installment of its Profiles in Business series, BusinessWest talks with a man who doesn’t like to talk about himself, but managed to do so just long enough to paint an interesting self-portrait.

Policy Statement
Hanmer was talking about the swimming leg of one of those sprint triathlons he’s taken part in, this one in Ludlow — but if you didn’t know any better, you’d swear he was expounding on the ultra-competitive world of insurance.
“The pack never really separates,” he explained, noting that there are dozens of people in a small stretch of water, kicking and clawing to gain some ground. “You get kicked in the face, punched in the face, and elbowed, and of course the anxiety level picks up; it gets a little crazy out there, a little wild.”
To some extent, though, FieldEddy has managed to gain some degree of separation. It now boasts more than 70 employees after acquiring several smaller agencies over more than a decade of aggressive expansion efforts, a crital mass that brings many competitive advantages. Still, this is a changing, ultra-challenging business sector, impacted most recently in the auto realm by a number of national online companies, such as Geico and Progressive, jockeying for position in a state that recently changed the rules to stimulate greater competition.
“It’s great for the consumers — they’ve seen up to a 20% reduction in their rates,” he explained. “The business has changed for us; it’s not necessarily good or bad, it’s just different. We’ve seen our share of the direct writers get a foothold here, but we’re starting to see that come back because they’re taking some rate increases.
“Geico has done a very soft launch in Massachusetts,” he continued, noting that that the company has been in the Bay State for more than a year, but has yet to make a lot of noise beyond its heavy marketing. “I’m just worried about what happens when they really want to pull the trigger.”
How Hanmer arrived at this position to reflect on, and react to, all these changes is an intriguing story. His father was the majority owner of a firm known then as Field, Eddy, and Bulkley, but Hanmer didn’t go to work for him upon graduation from UMass Amherst in 1984.
“I was interviewing at UMass for jobs, and went with the one that offered the most money,” he explained. “And that was with Liberty Mutual in Boston.”
Ironically, his girlfriend and future wife, Jenny, was working for the agency (she started part-time while they were both at UMass) when he ventured off to the Hub.
While Hanmer enjoyed his time in Boston — he said he spent many an afternoon and evening in the bleachers at Fenway — he soon returned to Springfield to get married and join Field, Eddy, and Bulkley.
He started in sales, but soon moved to the financial side of the business when the then-treasurer suffered a heart attack and had to leave the company for some time. He eventually gravitated back to sales and, in 1995 when his father retired, stepped into a leadership role.
And it wasn’t long before he started to capitalize on a trend within the industry — small, often mom-and-pop operations struggling to adjust to changes and technology began looking in earnest for exit strategies — to grow by acquisition.

Pedal to the Metal
Over the next dozen years or so, the firm acquired a number of agencies, some with familiar names known across the region and others with names known across the city or town in question. That list includes the Curtis and Hodskins agencies in Monson, Aliengena in Palmer, LDS in Three Rivers, Meadows in East Longmeadow, BPI in Springfield, Remillard in South Hadley, Buckley Bridge in Windsor Locks, and, most recently, Lawson, Marino & Bertera, another Springfield-based agency specializing in employee benefits.
When asked to evaluate his body of work with regard to growing the company, Hanmer was his usual modest self, almost Tom Brady-like.
“In the aggregate, it’s working,” he explained. “I’m not going to say all of those agencies are what I thought they were or that everything’s worked out exactly as I’d hoped, but for the most part, it’s worked, or it’s working; we’ve done well.”
Looking ahead, Hanmer said he continues to scan the horizon in search of new acquisition opportunities, but he’s not expecting additional expansion in the near term.
“There’s been a couple that have come across my desk,” he said, “but things are still pretty uncertain out there right now, especially in health care. And in personal lines, well … it’s really hard to put your finger on what might happen there. It’s a very competitive marketplace.”
In the meantime, he says his day-to-day job description at the moment involves working more on the business than in it — something else most area executives are striving to do. “But that’s difficult when you’ve been working in the business as long as I have,” he said.
Equally hard is achieving that desired balance between work, life, and community involvement, but Hanmer seems to found something approaching the right formula.
In addition to his lengthy stint as chair of the Y board — prolonged because successors due to succeed him have been unable to do so — Hanmer has donated time and energy to other agencies and causes. These include Bay Path College and the Springfield Museums, both of which he serves as a trustee, and Mason-Wright Retirement Community, where he’s a corporator.
He’s also a long-time member of an organization known as YPO, the Young Presidents’ Organization, a global network of young chief executives that currently boasts about 17,000 members in more than 100 countries. The local group acts as a de-facto board of directors for smaller companies that don’t have one, he explained, adding that roundtable discussions among members have helped him grow as a business leader and tackle some of the hard decisions he’s had to make over the years.
Hanmer also saves plenty of time for his family, especially his three children — Jessica, 25; John, 24; and Margo, 21 — and his two bulldogs, Bentley and Nola.
As for sports, as he said, he’s still in the over-30 league, playing left wing primarily, “but I go wherever they need me.” He’s also an avid skier and snowboarder — he sold his place at Mount Sugarbush and now rotates between Stratton, Okemo, Mount Snow, and, occasionally, Killington — and a triathlon veteran looking to get better in the water.
“I always thought I was a pretty good swimmer until I did one of these things; I found out in a hurry I wasn’t as good as I thought as I was,” he told BusinessWest, noting that the quality and quantity of competition usually leaves him playing catch-up when he gets out of the water and onto the bike.
“The good news with the swimming,” he continued, “is that it’s so short that being behind the pack means only about 20 seconds or half-minute, which you can make up on the bike, which is my best strength.”

Business Cycles
Time will tell if Hanmer graduates to an Olympic or half-marathon this year. He’s optimistic that will happen, but not exceedingly so.
He’s also not sure about the year ahead in insurance, where the economy continues to be a factor, and a green lizard and a woman named Flo are making things even more interesting in a business known for intense competition.
What is certain is that he will continue on in his understated way, giving credit to the team and essentially directing attention away from himself.
“That’s how I am — we just keep looking for ways to do things better and get ahead,” he said, sounding, again, like a certain hooded-sweatshirt-wearing football coach.

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

Founder, Rays of Hope

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Health Reform Adds a Twist to Long-term Care Insurance

Filing Is One Option, But There Are Many Paths to Recovery

What the Recently Passed Tax Legislation Means for You

Insurance Exec Has Modesty Element Fully Covered

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