2012 - Page 11 of 14 - BusinessWest

Chamber Corners: Upcoming Events

By BusinessWest Staff March 27, 2012

Chamber Corners Departments

AFFILIATED CHAMBERS
OF COMMERCE OF GREATER SPRINGFIELD
www.myonlinechamber.com
(413) 787-1555

• April 3: Springfield Chamber of Commerce Executive Directors meeting, noon to 1:30 p.m., EDC Conference Room, Springfield.
• April 4: ACCGS Business @ Breakfast, at the MassMutual Learning & Conference Center, Memorial Drive, Chicopee. Doors open at 7:15 a.m. Cost: $20 for members, $30 for non-members.
• April 11: ACCGS After 5, 5-7 p.m., hosted by Get Set Marketing, 207 Worthington St., Springfield. Cost: $10 for members, $20 for non-members.
• April 13: ACCGS Legislative Steering Committee, 8-9 a.m., at the TD Bank Conference Center, Springfield.
• April 18: ERC Board of Directors meeting, 8- 9 a.m., at the Gardens of Wilbraham, Community Room, 2 Lodge Lane, Wilbraham.
• April 18: ACCGS Ambassadors Meeting, 4-5 p.m., EDC Conference Room, Springfield.
• April 19: ACCGS Executive Committee meeting, noon to 1 p.m., in the TD Bank Conference Room, Chamber Offices.
• April 25: Annual Beacon Hill Summit. Save the date for the ACCGS’ yearly State House visit. Details to follow soon.

AMHERST AREA CHAMBER OF COMMERCE
www.amherstarea.com
(413) 253-0700

• March 28: Margarita Madness, 5-7 p.m., at the Eric Carle Museum of Picture Book Art. The public is invited. Cost: $25 per person, $40 per couple; chamber members are $20 per person. A margarita-tasting event will be featured; sample 12 margaritas and vote for your favorites. Sponsored by MassLive.com, the Valley Advocate, Greenfield Savings Bank, Applewood at Amherst, Copycat Amherst, Encharter Insurance LLC, Hope & Feathers Framing, Johnny’s Tavern, Judie’s Restaurant, 30 Boltwood, Lit, the Pub, UMass Fine Arts Center, Your Promotional Consultant/NEPM, and more.
• April 11: Chamber breakfast, 7:15-9 a.m., at the Lord Jeffery Inn. Cost: $15 for non-members, $12 for members.
• April 17: Chamber Brown Bag: “Networking Secrets from an Ex-Wallflower,” 12:30-2 p.m., in the Jones Library large meeting room. Guest speaker: Val Nelson.
• April 25: Chamber After 5, 5- 7 p.m., event location to be announced. Cost: $10 for non-members, $5 for members.

CHICOPEE CHAMBER OF COMMERCE
www.chicopeechamber.org
(413) 594-2101

• April 1: April Salute Breakfast, 7:15- 9 a.m., at the Kittredge Center at Holyoke Community College. Cost: $19 for members, $26 for non-members.
• April 12: Business Executive Roundtables, 8:30-10:30 a.m. The CEO Roundtables program will match up to 15 business leaders from non-competitive companies based on company size and expectations. It is not an industry group. Participants come from companies in various fields to confidently share their unique perspectives, experience, business challenges, and lessons learned during regular monthly meetings that offer intellectual discussion and debate. Cost: $75 for members, $100 for non-members.
• April 25: April Business After Hours, 5-7 p.m., at the Hampton Inn in Chicopee. Cost: $5 for members, $15 for non-members.

GREATER HOLYOKE CHAMBER OF COMMERCE
www.holycham.com
(413) 534-3376

• April 24: HCC non-credit course. Special chamber rate. Call the chamber for more information.

GREATER NORTHAMPTON CHAMBER OF COMMERCE
www.explorenorthampton.com
(413) 584-1900

• April 4: Arrive @5, 5-7 p.m., hosted by RK Miles, 24 West St., West Hatfield. Arrive when you can, stay as long as you can; a casual mix and mingle with colleagues and friends. Sponsored by Keiter Builders. Cost: $10 for members, $15 for non-members. For more information about the event or to RSVP, call the chamber at (413) 584-1900, or e-mail [email protected].

PROFESSIONAL WOMEN’S CHAMBER
www.professionalwomenschamber.com
(413) 755-1310

• April 3: Professional Women’s Chamber New Member Welcome Reception, 6-8 p.m., at the 350 Grill, Worthington St., Springfield. Free hors d’oeuvres; cash bar.
• April 11: Professional Women’s Chamber Roundtable, “Health and Wellness,” 11 a.m.-1 p.m., hosted by Max’s Tavern, MassMutual Room, Springfield. Cost: $25 for members, $35 for non-members.
• April 26: The Professional Women’s Chamber “Chocolate Affair,” 6- 9 p.m., at Chez Josef, Tivoli Room, Agawam. Featuring chocolate desserts, cordials, and shopping at vendor booths. Cost: $25 in advance, $40 at the door.
GREATER WESTFIELD CHAMBER OF COMMERCE
www.westfieldbiz.org
(413) 568-1618

• March 28: WestNet Plus One!, 5-7 p.m., hosted by PeoplesBank, 281 East Main St., Westfield. Network with fellow chamber members and meet new members and businesses in the area. Guest speaker: Patrick Berry, President of the Westfield News. Cost: $10 for chamber members, $15 cash for non-members. Don’t forget your business cards. To register, call Carrie Dearing at (413) 568-1618 or e-mail [email protected].
• March 31: 2012 Spring Southwick Economic Development Commission (EDC) Home & Business Show, 10 a.m.-3 p.m., at Town Hall, 454 College Highway, Southwick. This tabletop exhibit of Southwick businesses is free to the public, and the EDC will be collecting non-perishable food items for the local Food Pantry. Several free seminars will be held. Please visit www.southwickma.info for more information.

YOUNG PROFESSIONAL SOCIETY OF
GREATER SPRINGFIELD
www.springfieldyps.com

• April 19: April Third Thursday, 5-7 p.m., hosted by Adolfo’s Ristorante, 254 Worthington St., Springfield.

Court Dockets

By BusinessWest Staff March 27, 2012

Court Dockets Departments

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

HAMPDEN SUPERIOR COURT
Complete Restoration Solutions Inc. v. Oak Tree Inn Corp. and Fernando F. Nogueira
Allegation: Balance due for repair and cleaning services rendered: $31,113.37
Filed: 2/28/12

Cynthia and Lester Hebert v. Valley Surgeons Inc., Bradford C. Gray, M.D., Ernest M. Mittelholzer, M.D., and Holyoke Radiologists
Allegation: Medical malpractice: $775,000
Filed: 3/1/12

L.L Klink & Sons Inc. v. Hampden Structural Systems Inc. d/b/a Private Garden Greenhouse Systems and Joseph Hickson
Allegation: Suit for enforcement of a previous judgment: $45,744.25
Filed: 3/5/12

Maria Consedine v. Home Goods Inc.
Allegation: Products stacked on a shelf fell on the plaintiff’s foot, causing a fracture: $3,356.55
Filed: 2/24/12

William Brock v. Pride Convenience Inc. and Robert Bolduc
Allegation: Non-payment of wages: $30,000
Filed: 2/28/12

HAMPSHIRE SUPERIOR COURT
Unifirst Corp. v. Everything Sounds Custom
Allegation: Breach of contract: $14,186.75
Filed: 2/2/12

NORTHAMPTON DISTRICT COURT
M and I Bank, FSB v. Easthampton Trading Co. Inc.
Allegation: Balance due on business line of credit: $40,019.43
Filed: 1/23/12

Tri-County Schools v. Mohawk Trail Regional School District
Allegation: Unpaid educational services provided: $19,755.16
Filed: 2/15/12

PALMER DISTRICT COURT
Capital One Bank v. The Cheney Team
Allegation: Monies owed for credit advanced: $7,201.97
Filed: 1/20/12

SPRINGFIELD DISTRICT COURT
Acushnet Co. v. Hampden Realty Partners, LLC and William Tragakis and Domenic L. Cardinale
Allegation: Non-payment of goods sold and delivered: $21,087.81
Filed: 1/24/12

Jason Payero v. TR Stone Trucking Co.
Allegation: Failure to pay wages: $10,873
Filed: 2/21/12

Pacific Southwest Industries v. Langone Pipeline and Utility
Allegation: Non-payment of goods sold and delivered: $9,134.74
Filed: 1/24/12

Stanislav Vasilevski and Eugene Dubakov a/k/a Yavgeni Divakov v. Orchard Car Co. Inc.
Allegation: Common-law fraud and breach of contract for sale of a motor vehicle: $18,100
Filed: 2/10/12

United Rentals Inc. v. Bridges, LLC
Allegation: Non-payment of materials, equipment, and services on a construction project: $11,915.24
Filed: 2/8/12

Agenda

By BusinessWest Staff March 27, 2012

Agenda Departments

‘Music for the Eyes’
Through April 7: The artwork of Preston Trombly, host of Sirius/XM Satellite Radio’s nationally broadcast Symphony Hall channel, titled “Music for the Eyes,” will be exhibited through April 7 at the Arno Maris Gallery in Ely Hall on the Westfield State University campus. Regular gallery hours are Tuesday through Friday from 2 to 5 p.m., Thursday from 2 to 7 p.m., and Saturday from 1 to 5 p.m. For more information, call (413) 572-4400 or visit www.westfield.ma.edu/galleries.

Author Lecture
March 28: Internationally acclaimed author Tom Perrotta will read from his upcoming novel, The Leftovers, at 10:10 a.m. and 11:15 a.m. in Scibelli Hall Theater, as part of the Ovations series at Springfield Technical Community College. The talks are free and open to the public. Two of Perrotta’s books, Election and Little Children, have been made into movies, and five novels have been national bestsellers. For more information, call (413) 755-4233.

ADA, FMLA Workshop
March 29: Royal LLP, in conjunction with the Human Service Forum, will present a workshop at the Delaney House in Holyoke on the compliance issues involving the ADA and FMLA. The interactive workshop addresses some of the most common questions that upper management faces each day. Attendees will learn skills and strategies that can help reduce the risk of employment litigation. For more information on the 8:30 a.m. to noon event, contact Ann-Marie Marcil at (413) 586-2288 or visit www.humanserviceforum.org.

Not Just Business as Usual
April 5: Former NBA player and businessman Ulysses “Junior” Bridgeman will be the guest speaker at the Springfield Technical Community College Foundation’s third annual Not Just Business as Usual event at the Naismith Memorial Basketball Hall of Fame in Springfield. A cocktail and networking reception is planned from 5:30 to 7 p.m., followed by the dinner program from 7 to 9 p.m. Bridgeman spent most of his 12-year NBA career with the Milwaukee Bucks, but also played for the Los Angeles Lakers. He is the current franchise owner of more than 160 Wendy’s and 120 Chili’s restaurants. The event encourages local businesses to come together for an evening to network, learn from one another, and support student success. Funds from the event will provide students access to opportunities through scholarships, technology, and career direction to be successful future employees and citizens. “It’s a time to celebrate innovations, change, and our region’s success,” said STCC Foundation Interim Director Robert LePage. A variety of sponsorship opportunities are available, and individual tickets are $175 each. For more information, contact LePage at (413) 755-4477 or [email protected].

Constitution Café
April 10: Author and philosopher Christopher Phillips’ latest book, Constitution Café, draws on the nation’s rebellious past to incite meaningful change today. He proposes that Americans revise the Constitution every so often, not just to reflect the changing times, but to revive and perpetuate the original revolutionary spirit. He will present a free lecture at 8 p.m. in the dining hall at Blake Student Commons, on the Bay Path College campus, 588 Longmeadow St., Longmeadow. The lecture is part of the annual Kaleidoscope series. For more information, call (413) 565-1000 or visit www.baypath.edu.

Marketing Basics Seminar
April 11: The Mass. Small Business Development Center Network will host a lecture titled “Marketing Basics” from 3 to 5 p.m. at the Greater Northampton Chamber of Commerce, 99 Pleasant St., Northampton. Dianne Doherty of the MSBDC Network will present the workshop that will focus on the basic disciplines of marketing, beginning with research (primary, secondary, qualitative, and quantitative). For more information, call (413) 737-6712 or visit www.msbdc.org/wmass. The cost is $40.

RetireSmart Seminar
April 11: MassMutual’s Retirement Services Division continues its web-based RetireSmart interactive participant education series with “Understanding Target-Date and Target-Risk Investments” at noon. The 30-minute presentation will cover taking charge of your retirement-investing strategy in today’s market environment; the ABCs of target-date and target-risk strategies, and how these investments may fit into your overall plan. Space for the live online seminar is prioritized to retirement-plan sponsors and participants on MassMutual’s platform. MassMutual retirement-plan clients can register by logging into their retirement-plan account at www.retiresmart.com or by visiting www.retiresmartseminars.com.

Slam Poet Lecture
April 13: Taylor Mali, a former high-school teacher who has emerged from the slam-poetry movement as one of its leaders, will discuss his performances at 10:10 a.m. and 11:15 a.m. in Scibelli Hall Theater, as part of the Ovations series at Springfield Technical Community College. The talks are free and open to the public. For more information, call (413) 755-4233.

Christo to Keynote Riverscaping Conference
April 19-22: An international conference on the art, history, and science of the river will feature the celebrated artist Christo, whose latest project will be to install 5.9 miles of fabric over a stretch of the Arkansas River in Colorado. The Five College Riverscaping Conference also includes lectures, gallery openings, student poster sessions, and a two-day symposium opened by Jonathan Lash, Hampshire College’s new president and the former president of the World Resources Institute. The conference marks the conclusion of the 18-month Five College Riverscaping project, funded in large part by a grant from the American delegation to the European Union and in partnership with river experts from Hamburg, Germany. Aimed at developing sustainable approaches to reconnecting people with the river, the Riverscaping effort has brought together students, policy makers, artists, academics, entrepreneurs and environmentalists in a series of ‘laboratories.’ Centered around education, research, and design, the laboratories focus on Massachusetts’ stretch of the Connecticut River and the Elbe River in Hamburg. Christo’s address, at Smith College’s John M. Green Hall, will open the conference on April 19. He will discuss the two current projects that he and Jeanne-Claude (who died in 2009) have initiated: “Over the River” on the Arkansas River and “The Mastaba,” in the United Arab Emirates. The river installation, planned for the summer of 2015, will involve suspending nearly six miles of luminous fabric panels over a 42-mile stretch of the upper Arkansas River in Colorado. The project, while controversial, has received federal and state approval. Lash will open Saturday’s symposium sessions with his comments on “Why the River Matters.” Other highlights of the symposium on Friday and Saturday include papers by a wide range of designers, scientists, and scholars from around the world, including Jinnai Hidenobou of Hosei University in Tokyo, Johan Varekamp of Wesleyan University, and T.S. McMillin of Oberlin College, author of The Meaning of Rivers. A student session takes place on Friday evening, and a performance of music and readings will follow on Saturday. The entire conference, including Christo’s address, is free and open to the public, but online registration is required. Visit www.riverscaping.org for a complete schedule and to register for the Christo address and all the other events.

Comedy Night to
Benefit Charities
April 21: Smith & Wesson Corp. will host a benefit comedy show to support two local children’s charities, the Shriners Hospitals for Children and the Ronald McDonald House, beginning at 6 p.m. at the Cedars Banquet Hall, 419 Island Pond Road, Springfield. Tickets are $30 per person, and include the show, hot and cold hors d’oeuvres prior to the show, a cash bar, raffles, fund-raising, games, and music. Teddie Barrett of Teddie B. Comedy will emcee the event, featuring professional comedians Bill Campbell, Dan Crohn, and Stacy Yannetty Pema. For tickets or more information, contact Phyllis Settembro, Smith & Wesson, (413) 747-3597; Karen Motyka, Shriners Hospital, (413) 787-2032; or Jennifer Putnam, Ronald McDonald House, (413) 794-5683.

‘Adapt, Diversify,
Reinvent & Grow’
May 16: Local business owners will talk about what they have done to keep ahead of the many demands on their time, and at the same time adjust for the economic environment, during a workshop titled “Adapt, Diversify, Reinvent & Grow” at the Scibelli Enterprise Center, 1 Federal St., Springfield. Presenters include Paul DiGrigoli of Digrigoli Salon & School of Cosmetology; Tara Tetreault of Jackson & Connor; Kate Vishnyakov of Kate Gray Inc.; and Rick Ricard of Larien Products. The 9 to 11 a.m. session is sponsored by the Mass. Small Business Development Center Network. The cost is $40. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass.

NYC Bus Trip
June 30: The Chicopee Chamber of Commerce will host a bus trip to New York City, leaving the chamber parking lot at 7 a.m. and returning around 9:30 p.m. Participants are on their own for the day in New York City. Tickets are $45 per person. For more information, contact Lynn at (413) 594-2101.

40 Under Forty
June 21: BusinessWest will present its sixth class of regional rising stars at its annual 40 Under Forty gala at the Log Cabin Banquet & Meeting House in Holyoke. The June 21 gala will feature music, lavish food stations, and introductions of the winners. Tickets are $60 per person, with tables of 10 available. Early registration is advised, as seating is limited. For more information, call (413) 781-8600, ext. 100, or visit www.businesswest.com.

Western Mass.
Business Expo
Oct. 11: BusinessWest will again present the Western Mass. Business Expo. The event, which made its debut last fall at the MassMutual Center in downtown Springfield, will feature more than 180 exhibitors, seminars, special presentations, breakfast and lunch programs, and the year’s most extensive networking opportunity. Comcast Business Class will again be the presenting sponsor of the event. Details, including breakfast and lunch agendas, seminar topics, and featured speakers, will be printed in the pages of BusinessWest over the coming months. For more information or to purchase a booth, call (413) 781-8600, or e-mail [email protected], or visit www.wmbexpo.com.

Company Notebook

By BusinessWest Staff March 27, 2012

Company Notebook Departments

Big Y Completes LED Lighting Retrofit
SPRINGFIELD — Big Y Foods and Groom Energy recently announced the completion of a significant LED lighting retrofit at Big Y’s distribution facility in Springfield. The energy-efficiency upgrade is part of a broader scope of sustainability-oriented investments in its operation that will reduce the company’s environmental impact. The newly implemented LED lighting system applies the latest lighting and networking technologies, bringing better illumination, operating efficiency, and energy-savings monitoring to the Springfield distribution center. The upgrade replaced existing T5- and T8-based fluorescent lighting systems, both within the dry and cooled areas, and will reduce annual energy consumption by more than 521,833 kilowatt hours. This initiative will eliminate more than 4,000 pounds of carbon annually. Groom Energy worked closely with the Big Y energy-management team to design, test, and install the upgrade. The system is based on LED products from Digital Lumens, a Boston-based LED-systems manufacturer. The project was supported by financial incentives from Western Massachusetts Electric Co., which regularly supports energy-savings upgrades by its commercial and industrial customers. “We’re very pleased with the results of our lighting-upgrade project,” said Gary Kuchyt, manager of the Energy and Sustainability Department at Big Y Foods. “It has been a successful collaboration from the onset and will help us to dramatically reduce our energy costs — a great outcome for our company and our customers.”

INK Products Supports Square One
CHICOPEE — INK Products, an office-products, printing, and promotional-products supplier, is teaming up with local businesses in an effort to raise funds for Square One. Tom Guertin, founder of INK Products at 25 Grove St., noted that Square One will receive a percentage of a business’ purchases as a donation direct from INK Products. “This is another way local businesses, including mine, can give something extra to Square One,” he said. For more information on the promotion, contact Guertin at (413) 594-7533.

Hampden Bank
Charitable Giving
Tops $716,000 in 2011
SPRINGFIELD — The Hampden Bank Charitable Foundation Inc.’s charitable giving topped $716,000 in 2011, according to Glenn Welch, president and COO of Hampden Bank. “In addition to our foundation grants, the bank also provided significant financial support to area communities in excess of $116,000 through our marketing and human-resources departments’ community-relations activities,” noted Welch. He added that much of the funding was allocated to youth development, school enrichment, and Little League programs throughout Hampden County. “As we prepare to celebrate our 160th anniversary on April 13, I can think of no better way to mark the occasion than by recommitting ourselves to our long history of community service and support as we move through the 21st century,” he said. Community organizations receiving grants included the American Red Cross, the Salvation Army, DevelopSpringfield, the Food Bank of Western Massachusetts, Friends of the Soldiers Home of Holyoke, Square One, and Rebuild Together.

Three Companies Join to Create Red Thread
BOSTON — Three New England businesses have joined forces to become Red Thread, according to Jenny Niemann, chairman of the company. The newly combined regional enterprise connects work, workers, and the workplace as the authorized Steelcase dealer in New England. Red Thread is comprised of three companies that previously operated under the names of Office Environments of New England, bkm Total Office, and Business Interiors. “When we initially brought these three companies together, we knew they were three strong brands, each with its own brand equity in its own territory,” said Niemann in a statement. “An ancient legend describes a red thread as an unbreakable link between those meant to be together. Rebranding under Red Thread enables us to express to our customers the connection we see between our culture, values, and business mission.” Niemann added that the name also “articulates our aspiration to help our customers identify their own common threads — the way their brand, culture, and promise can be effectively expressed through their environments’ furniture, technology, architectural systems, and audio-visual solutions.” For more information, visit www.red-thread.com.

Monson Savings Reports ‘Outstanding Results’
MONSON — Monson Savings Bank President Steve Lowell recently announced that the bank’s 2011 results surpassed national and statewide benchmarks for growth and profitability while posting a record year for giving back to the community. During the bank’s annual meeting, Lowell noted that deposits grew in 2011, predominantly in core deposits, by 11%. Also, Monson Savings achieved a return on assets of 0.66%, which ranked first among peer banks throughout Massachusetts, according to Lowell. “The bank also announced outstanding results for its Financial Advisory Services division and compared these results to the 172 other banks that partner with Infinex Financial Group throughout the East Coast,” he said. “Specifically, Monson Savings ranked second of the 50 peer banks and 24th out of all Infinex partners.” He also noted that the bank gave back a record $142,000 to the community in charitable donations. “What I am most proud of is that we were able to give back so much to our community last year,” said Lowell, “while at the same time keeping our institution growing and financially healthy. We had an outstanding year, and I can’t thank our customers, staff, board, and corporators enough for their contributions.”

Open Square Welcomes Brave One Agency
HOLYOKE — Brave One, an agency specializing in corporate social responsibility and sustainability communications, recently selected Open Square for its new location. The agency plans to grow considerably in the coming year, and Brave One founders Lukas Snelling and Jesse Mayhew feel the building will allow them to grow while staying true to its commitment to sustainability. “We are really excited to be in Holyoke and participate in the Paper City’s digital revival,” said Snelling. “We think this city provides a great platform for us to do business, and we look forward to the possibility of expanding even further here.” Mayhew echoed the sentiments of Snelling. “Open Square seemed like a natural fit,” he said. “Not only are they reusing beautiful mill space, but they are generating their own renewable energy to power our office. We couldn’t be happier to be part of such an amazing and growing community.” Both founders hope their growth “will be a contributing force in Holyoke’s continued revitalization.” Brave One’s new office is located at 4 Open Square Way, Suite 219. For more information, visit www.braveoneagency.com.

Easthampton Savings Launches eBranch
EASTHAMPTON — Easthampton Savings Bank has introduced a new eBranch that will be replacing its Web site at bankesb.com, according to William Hogan, president and CEO. “Our goal was to mirror what a typical experience would be for one of our customers visiting a branch and to bring it to our virtual site,” Hogan said. “This will allow greater online functionality and resources for our customers, making the entire site more convenient and easier to use.” The new eBranch will offer site search, online account opening, loan applications, and customer service along with fun and useful tools such as interactive calculators and an educational-resource center. To celebrate the launch, the bank is offering a CD and auto-loan special online. For more information, call (413) 527-1111.

JN Phillips Auto Glass Expands Service
CHICOPEE — JN Phillips Auto Glass recently opened a 7,500-square-foot distribution center in the city, and also added a Springfield service center and relocated its Northampton service center to 144 King St. “Combined with its service centers in Chicopee and Pittsfield, JN Phillips has increased the company’s ability to provide Western Mass. customers even faster, more convenient auto-glass replacements and repairs while ensuring the highest safety standards possible,” said Robert Rosenfield, CEO. Rosenfield also noted that the company has begun offering windshield recycling. “It took some time, almost two years, and a financial commitment to figure out how to do it, but it was worth it, and our customers really appreciate knowing that, when they have us replace their windshields, the damaged ones don’t end up in landfills,” said Rosenfield. “For all of us in this beautiful Pioneer Valley, preserving our environment is paramount.” In related news, Dan and Matt Bean, former operators of Bean’s Auto Glass, a locally owned family business for more than two decades, have joined JN Phillips Auto Glass. “We are very proud to be part of JN Phillips Auto Glass now,” said Dan Bean. “This is another family-owned business that puts customer service and community values first. The company’s commitment to safety, convenience, and expertise leads our industry.”

United Bank Foundation Awards $34,500
WEST SPRINGFIELD — The United Bank Foundation recently awarded $34,500 in grants to community initiatives in the Springfield area during the organization’s most recent round of funding, according to Dena Hall, president. Womanshelter/Companeras, a Holyoke-based nonprofit dedicated to assisting victims and survivors of domestic violence, received $5,000 in support from the foundation. In Springfield, students will benefit from the foundation’s $5,000 grant to Springfield School Volunteers to support the Science, Math, and Reading Tutoring (SMART) program. Also, a $5,000 grant will provide support to the Enchanted Circle Theater, an educational theater company based in Holyoke that inspires learning through the arts. The foundation awarded grants of $4,000 each to the Community Adolescent Resource and Education (CARE) Center in Holyoke, to fund a portion of the teen Rowing Strong, Rowing Together program; to Noble Hospital in Westfield, to purchase recliners for psychiatric patients in the Emergency Department; and to Springfield College, to fund the East Campus renovation project. Additional grants included $3,000 to the Carson Center for Human Services in Westfield, to fund a fully accessible spray park for Kamp for Kids; and $2,500 to Valley Community Development Corp., to support a foreclosure-prevention counseling program for Hampshire County residents. Grants of $1,000 each went to Domus Inc. to support the community youth and adult basic-education program in Greater Westfield; and to the Northampton Center for the Arts, to support Northampton Draws, a free community art festival and workshop. The United Bank Foundation has awarded more than $1.4 million in grants since it was established in 2005 as a permanent source of funding to benefit communities in United Bank’s market area.

Briefcase

By BusinessWest Staff March 27, 2012

Briefcase Departments

Springfield Official
Named to Casino Panel
BOSTON — Bruce Stebbins, business development director for the city of Springfield since September 2010 and a former member of the Springfield City Council, has been named to the Massachusetts Gaming Commission. The five-member panel is now complete. The other members are Chairman Steve Crosby; Judge James McHugh, who served on both the Superior Court and the Massachusetts Appeals Court; Gayle Cameron, a former New Jersey State Police lieutenant colonel; and Enrique Zuniga. Prior to his work with the city, Stebbins worked for the National Assoc. of Manufacturers and the Mass. Office of Business Development.

WMECo Grant Seeks to Boost Industry Competitiveness
SPRINGFIELD — The precision-manufacturing industry in Western Mass. received a major boost recently with the announcement of a $10,000 private initiative to increase the skills competencies of employees. The Regional Employment Board of Hampden County Inc. (REB) received the grant from Western Massachusetts Electric Co. (WMECo) to provide skills-enhancement courses and college-credit courses to 65 incumbent employees of the region’s precision-manufacturing companies. The award will be used as a match to a $150,000 grant received by the REB and its partners represented by the Western Mass. Chapter of the National Tooling Machining Assoc. (WMNTMA), which was announced in October by Secretary Gregory Bialecki of the Mass. Executive Office of Housing and Economic Development. The $150,000 grant from the Massachusetts Technology Collaborative’s John Adams Innovation Institute supports the work of the REB’s Precision Manufacturing Regional Alliance Project (PMRAP), which is focused on generating innovative and creative ideas that will raise the industry’s and region’s economic profile. “We are pleased to make a contribution to education that will stimulate growth for small and medium-sized precision-manufacturing companies,” said Peter Clarke, WMECo president and COO. “The region will benefit from sustained job creation and continued economic development.” In addition to the REB and the WMNTMA, partners in PMRAP include Holyoke Community College, Springfield Technical Community College, the Economic Development Council of Western Mass., and the region’s seven vocational-technical-comprehensive high schools. “The Patrick-Murray administration has made strong investments in growing the Commonwealth’s advanced manufacturing industry,” noted Bialecki. “This grant, in addition to the $150,000 grant from last year, will go a long way to helping give employees the vital training they need to help support their companies’ and industry’s continued growth.”

Forgay Shares Professional Leadership Secrets
LONGMEADOW — Bushido Business: The Fine Art of Professional Leadership is a new anthology featuring Richard Forgay II, president and CEO of Business Leadership Mastery. Forgay joins forces with internationally recognized business icons to share their secrets of success in ways one can immediately apply to business and life for sustainable success. Bushido is the traditional ethical code, or ‘way of the warrior,’ of the Japanese samurai. It is founded on the seven values by which they conducted their life and business of warfare — honesty and justice, heroic courage, compassion, polite courtesy, complete sincerity, loyalty, and duty and honor. Forgay, along with authors and professional speakers Tom Hopkins, Brian Tracy, and Stephen Covey, apply this historical code to the challenges faced by today’s leaders in business, government, education, and other diverse arenas. Forgay noted that the book shares time-proven methods of achieving sustainable success through leadership, team building, sales, marketing, business operations, interpersonal relationships, and customer-service excellence. Forgay’s contribution to the anthology is titled “Mastering the Bushido Code.” “Bushido Business is a moral compass, an authentic expression of individual and organizational values that defines their influence and culture,” he said. With straightforward language and supporting diagrams, Forgay applies the Bushido Code to modern-day professional leaders and actual events. Then he facilitates a structure for readers to apply their own virtues and values to be prepared to do the same in their chosen fields of expertise through a series of self-assessment Bushido Challenges that, if accepted, promise to produce immediate and transformational results. Forgay challenges leaders to embrace their traditional principles and values as the blueprint for major transformation. “Adherence to empowering values is always in vogue,” he said. “Identifying and activating value-based cultural standards of excellence is a way for leaders and teams to embody dignity, trust, and professionalism in their realms of responsibility among those they lead and serve in the business, government, educational, and spiritual communities.” Forgay educates and empowers top executive and entrepreneurial leaders to excel at growing companies where people, productivity, customer satisfaction, and profits thrive in any economy. For more than two decades, he has led and served thousands of people to achieve all-time-high sales and multi-million-dollar revenues, and he has earned international recognition as an effective executive leader in high-pressure, intensely competitive environments in the highest levels of corporate America. For more information on Bushido Business, visit www.businessleadershipmastery.com. Insight Publishing of Sevierville, Tenn. released the book on March 7. It retails for $19.95.

Project Provides Free Interview Clothes
ENFIELD, CT — For many soon-to-be college graduates at Asnuntuck Community College, Stacy’s Closet is a way to relieve some of the stress students with limited resources face, according to Stacy Lanigan, associate director of career services. Stacy’s Closet, now in its sixth year, solicits donations year-round of gently used business clothes from the college’s faculty and staff, as well as the surrounding community. In keeping with the community college’s mission, Lanigan noted that the clothes are also available free to members of the community. She said the college is committed to serving all residents in its service area, which includes Enfield, East Granby, East Windsor, Ellington, Granby, Somers, Stafford Springs, Suffield, and Windsor Locks. Stacy’s Closet accommodates students graduating in June and December. Offerings include shirts and blouses, business suits, shoes, belts, and ties. “We aim to prepare the whole student,” said Katie Kelley, dean of Student Services. “Not just academically, but also for the expectations in the workplace and the interview process.” Donations of clean, professional attire on hangers are being accepted through April.

Construction-industry Employment ‘Sluggish’
WASHINGTON, D.C. — In the week ending March 10, the advance figure for seasonally adjusted initial claims in the construction industry was 351,000, a decrease of 14,000 from the previous week’s revised figure of 365,000, according to the U.S. Labor Department. The four-week moving average was 355,750, unchanged from the previous week’s revised average of 355,750. The advance seasonally adjusted insured unemployment rate was 2.6% for the week ending March 3, a decrease of 0.1 percentage point from the prior week’s unrevised rate of 2.7%. The advance number for seasonally adjusted insured unemployment during the week ending March 3 was 3,343,000, a decrease of 81,000 from the preceding week’s revised level of 3,424,000. The four-week moving average was 3,394,250, a decrease of 25,250 from the preceding week’s revised average of 3,419,500. In related news, Associated Builders and Contractors noted that, despite a loss of 13,000 construction jobs in February, the industry’s unemployment rate dipped to 17.1%, down from 17.7% in January. The nation’s construction industry has added 65,000 jobs, up 1.2%, since February 2011, when the unemployment rate stood at 21.8%. The non-residential building construction sector added 2,000 jobs in February and has added 15,000 jobs, or 2.3% year over year, with employment now standing at 663,200. The residential building construction sector added 2,000 jobs for the month and has added 7,000 jobs, up 1.3%, compared to one year ago, with employment at 573,000. “Predictions for monthly job growth have been on the rise, and February’s performance exceeded those expectations,” said ABC chief economist Anirban Basu. “However, that is only true for the broader economy, not for the construction industry.” Basu added that ABC’s Construction Backlog Indicator, which declined during the fourth quarter of last year, foreshadowed this jobs report and indicates that construction-industry employment is likely to be sluggish in the months ahead. “The good news is that the overall economy continues to mend, implying ongoing recovery in construction spending,” said Basu. “This should eventually translate into more-stable non-residential construction employment growth later this year.” The largest increases in initial claims for the week ending March 3 were in New York (+16,478), California (+4,320), Pennsylvania (+2,859), Texas (+2,116), and Virginia (+1,554), while the largest decreases were in Massachusetts (-2,974), Rhode Island (-1,071), New Jersey (-1,034), Puerto Rico (-562), and Kentucky (-284). Overall, the nation added 227,000 jobs as the private sector expanded by 233,000 jobs and the public sector shrank by 6,000 jobs, according to the Labor Department. Year over year, the nation added 2,021,000 jobs, up 1.5%. The unemployment rate stood at 8.3% in February, unchanged from January.

‘Western Mass. Economic Review 2012’ Available
SPRINGFIELD — Western Massachusetts Electric Co. (WMECo) recently published “Pioneering Futures: Western Massachusetts Economic Review 2012,” reviewing the lifestyle, educational, and business aspects that make the area an attractive region. “Western Mass. offers a prosperous future for businesses looking to move to the region,” said Peter Clarke, president and chief operating officer of WMECo. “WMECo proudly produces this publication in order to expose the many appealing attributes of this unique location.” Clarke noted that some areas covered in the review include the region’s industry mix, business innovation, education and productivity, international trade, and quality of life. The review also compares the region’s ranking in these and other areas to nearby regions and other states. The review can be found at www.wmeco.com/business/growyourbusiness/publications.aspx?sec=nr. Printed copies may be requested by calling (413) 787-9333.

Incorporations

By BusinessWest Staff March 27, 2012

Departments Incorporations

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

AGAWAM

Associates in Women’s Health Care P.C., 200 Silver St., Agawam, MA 01001. Sharon MacMillan MD, 129 Silver Creek Dr., Suffield, CT 06078. Women’s Health Care Services.

AMHERST

Econ4 Inc., 418 North Pleasant St., Amherst, MA 01002. James K. Boyce, 14 Elf Hill Road, Amherst, MA 01002.

BELCHERTOWN

Education Yes Inc., 43 Allen St., Belchertown, MA 01007. Jeffry B. Hatch, 1704 Millcreek Way, Salt Lake City, UT 84106. Non-profit organization dedicated to developing and teaching positive integrative approaches to transform the learning process of all students.

EAST LONGMEADOW

EBBE Inc., 43 Thompson St., East Longmeadow, MA 01028. Michael Finn, 30 Oakhill Circle, Chicopee, MA 01020

GANBY

34 Carver Street Inc., 7 Carver St., Granby, MA 01033. Patrick Bensen, same. Holding Real Estate.

GREENFIELD

Canines Helping Autism and PTSD Survivor Corp., 559 Country Club Road, Greenfield, MA 01301. William Gordon, same. Provide persons with a diagnosis of PTSD or an autism spectrum disorder access to a network of services related to the use of a service dog at minimal cost.

Family Legacy Partners Inc., 465 Coltrain Road, Greenfield, MA 01301. Cynthia L. Nims, same. Financial services including mortgage.

HADLEY

D&B Kelley Farm Inc., 100 Stockbridge St., Hadley, MA 01035. Daniel Kelley, 117 Stockbridge St., Hadley, MA 01035. To engage in the operation of farming.

HATFIELD

Grill ’N Chill Inc., 127 Elm St., Hatfield, MA 01038. Anthony R. Paciorek, 25 Dwight St., Hatfield, MA 01038. Food service / restaurant.

HNE Inc., 4 Prospect Court, Hatfield, MA 01038. Kenneth Holhut, 15 Circle Dr., Hatfield, MA 01038. Food service, bar, and restaurant.

LONGMEADOW

Bond Financial Group Inc., 171 Dwight St., Suite 201, Longmeadow, MA 01106. Dylan E. Bond, same. Providing a full range of financial planning products and services.

LUDLOW

HLZC Holdings Inc., 1020 East St., Ludlow, MA 01056. Jose Salvador, same. Property management.

NORTH ADAMS

Hoosac Valley Community Development Corporation, 150 Ashland St., North Adams, MA 01247. Marie Harpin, 15 Rock St., North Adams, MA 01247. The corporation will engage in activities intended to contribute to the preservation of existing or the creation of new affordable housing.

NORTHAMPTON

Foundation for Orthopedic Reconstruction Inc., 70 Old South St., Northampton, MA 01040. Patricia Defelice, 60 Cleveland St., Holyoke MA 01040. The corporation’s purpose is to identify persons that are in need of, and would not otherwise have access to, medical implants and orthopedic reconstruction.

PALMER

George Stewart Inc., 1006 Pine St., Palmer, MA 01069. George R. Stewart Jr., same. Service and consulting.

SOUTH HADLEY

ALZ Enterprises Inc., 183 East St., South Hadley, MA 01075. James M. Earle, same. To build a fund to finance, research, and development for the cure for Alzheimer’s disease and also finance childhood development programs.

SPRINGFIELD

Baitus Salaam Inc., 605 Dickinson St., Springfield, MA 01108. Kimat Khatak, 15 Pheasant Run, South Hadley, MA, 01075. Arrange, hold and establish prayers in accordance to the teachings of Quran and Sunnah specific only to Hanafi Fiqh (Jurisprudence).

BDL Restaurants Inc., 15 Angelica Dr., Springfield, MA 01129. Shanna M. Rhoades, same. Restaurant holdings.

Fenco Global Industries Corp., 44 Cabinet St., Springfield, MA 01129. Fenella Alicia Sitati, same. Technology sales and services.

Fierceblaze Inc., 1655 Main St., Springfield, MA 01108. Juan R. Perez, 89 Kensington Ave., Springfield, MA 01108. Web Design and software development.

Graphic Excellence Inc., 1441 Main St., Springfield, MA 01103. Michael S. Connors, 57 Robin Road, Longmeadow, MA 01106. Printing, copy, graphics, and mailing services.

Iglesia Pentecostal De Dios Sanando Al Herido Inc., 57 Grosvernor St., Springfield, MA 01107. Carlos Luis Cosme, same. Worship place for the needed.

STOCKBRIDGE

Berkshire Management Solutions Inc., 5 Sergeant St., Stockbridge, MA 01262. Christopher May, same. Consulting and job recruiting.

WESTFIELD

A Positive Energy Boost Inc., 6 Parker Ave., Westfield, MA 01085. Steven William Pomeroy, same. Retail sales of goods, selling online and direct.

Doing Business as Certificates

By BusinessWest Staff March 27, 2012

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the months of February and March 2012.

AGAWAM

1st Stop Café
369 Walnut St.
Jennifer Haile

Agawam Fruits and Vegetable Market
301 Springfield St.
Andrey Akimov

Cordi Truck LLC
470 Shoemaker Lane
Robert Arrington III

Security Consultant
37 Royal St.
Greg Norman

TNT Tent and Table Rentals
362 North St.
Anthony Boido

AMHERST

Boston Dance Challenge
200 West Pomeroy Lane
John Schimmel

Golden Booty Tanning
6 University Dr.
Kimberly Gomes

Markamusic
12 Charles Lane
Alfredo Chapelliguen

CHICOPEE

Ashley’s Fashion Place
342 Front St.
Victor Davila

Commercial Services
6 Stone Ave.
Mark Skrodzki

David’s Home Plans
188 Wildermere St.
David Dejordy

Keaton’s Kleaning Service
43 Juliette St.
Jason Keaton

The Fab Glam Boutique
148 Broadway St.
Isaiah Weldon

The Flyin Donkey
17 Barre Cir.
Garvin C. Headley Jr.

Top Dog Removal Services
340 Grattan St.
James Mcgourn

Western Mass RV Rental
376 Chicopee St.
Shawn-Ellen Krajcik

EASTHAMPTON

Dawson Home Health Assistance
2 Culdaff St.
Kobina Dawson

Hairy’s Pet Supply
155 Northampton St.
Scott Murray

Hero Watch Repair
4 Wilton Road
Avrey LaValley

New England Remodeling General Contractor
67 Division St.
Thomas M. Bacis

Pioneer Laptop Repair
19 Dartmouth St.
Derek Pevey

R & H Roofing, LLC
59 South St.
Charles Robertson

HADLEY

Aegis Chiropratic
241 Russell St.
Lisa Sanderson

HOLYOKE

Al’s Snack Shop
147 High St.
Natasha M. Correa

Fudge Puppy
56 Suffolk St.
Danielle Pikul

M & H Construction
635 Homestead Ave.
Mark Haradon

Seeds of Life
205 Bemis Ave.
Theresa Grisanti

Subway Restaurant
1506 Northampton St.
Rajendra Patel

Western Mass Ob/Gyn
15 Hospital Dr.
Hank J. Porter

NORTHAMPTON

7-Eleven
60 King St.
Kimberly Tasneem

AD Firearms Education and Training
92 ½ Maple St.
Andrew R. Davis

Andy’s Spacework
142 Riverdale Dr.
Ann E. Dollard

Antiques Corner
5 Market St.
Louis M. Farrick

Delap Real Estate LLC
158 North King St.
Dennis Delap

Fight for the Future Center for Rights
217 Pine St.
Tiffiny Cheng

Hinge
48 Main St.
Brian Aussant

Living Out Studio
219 Main St.
Scot P. Padgett

Orzel Tree & Logging
150 Federal St.
Justin Vezina

Root
11 William St.
Tanya Hart

The Foundrey
24 Main St.
Sally Noble

PALMER

Elite DJ Services
1330 Ware St.
Robert A. Roy

Hollywood Cuts and Styles
1622 North Main St.
Naomi L. Mills

The Yellow House Inc.
1479 North Main St.
Bonny Rathbone

SPRINGFIELD

7C’s Press
208 Main St.
Edward S. Kamuda

A.J. Electric, LLC
22 Rapalus St.
Nidal Adeid

Affordable Heating
12 Fairhaven Dr.
Wilfredo Cruz

Ahava Flora Inc.
81 Beacon Terrace
Juan C. Ocasio

American Lung Association
393 Maple St.
American Lung

Aqui Me Quedo 2
15 Locust St.
Jose DeJesus

Arce’s Print
2460 Main St.
Adrian Arce

Atlas Convenience Store
411-417 St. James Ave.
Aziz Ahmed

Audri’s Catering
47 Manor Court
Audri Lavern

Auntie Sue’s Cookies
48 Groton St.
Susan M. Byrne

Bettey Rips & Things
339 Boston Road
Betty Seibles

Boylan Overhead Door
90 Tapley St.
Sean A. Boylan

Captain Pizza
30 Fort Pleasant Ave.
Nelson Rivera

Chase and Sons Chainsaw
20 Maple St.
Sheryl A. Chase

Contractors Kitchen
88 Industry Ave.
Joseph A. Frye

Dallas & Co.
161 Laconia St.
Richard Anthony

Daly Appraisal Services
40 Bangor St.
James M. Daly

Discount Smoke & Groceries
431 White St.
Nafees Niazi

E.V. Translation Services
6 Temple St.
Edgar Vaskanyan

Eddie Moore Carpentry
40 Ionia St.
Eddie L. Moore

Emely Market
168 Eastern Ave.
Rony Almonte

Executive K9
87 Hanson Dr.
Michael Vincent

Executive Real Estate Inc.
535 Main St.
Amy F. Rio

Floor Maintenance Service
1655 Main St.
Ramon L. Rosado-Cruz

Gary Kennett
95 Forest Park Ave.
Gary Kennett

Geeta Foods Inc.
191 Berkshire Ave.
Mohammad N. Galani

Gentle Smiles LLC
1410 Carew St.
Annie Watson

Hess
453 Cooley St.
R.J. Lawlor

Hispanic Communications
133 Maple St.
Norma Rodriguez

Hollywood Tans
354 Cooley St.
Steven J. Corvin

International Barber Shop
13 Locust St.
Francis A. Rivera

J.T. Sound Factory
485 Central St.
John Feliciano

Tripticstar
298 Allen Park Road
Michelle Barnaby

Unlimited Pawn
1199 Sumner Ave.
Andrew Phan

Western Mass Warriors
335 Newbury St.
Junior S. Williams

WEST SPRINGFIELD

911 Expedited Trucking
82 Grove St.
Ellen F. Gregory

Aardvark Property Holdings LLC
1457 Riverdale St.
Arthur R. Doty

Advance Welding
47 Allston Ave.
Melinda Mitton

Carolina Bedding of Western Mass
1702 Riverdale St.
Daniel A. Wells

Elegant Nail Salon
1333 Westfield St.
Lien T. Tran

Freihoffer’s Baking Company
358 Park St.
Andrew Shulman

Goodhind, Harten, & Associates
1252 Elm St.
Alan R. Goodhind

Integrated Equity Services
975 Elm St.
Thomas P. Sweeney

Irizarry & Irizarry Consultant Services
183 Greystone Ave.
Jose H. Irizarry

J Squared
136 Nelson St.
James J. McMahon III

Michael Gousy Inc.
180 Westfield St.
Michael J. Gousy

Point Blank Paintball Inc.
1457 Riverdale St.
Arthur R. Doty

The Official Cuts Barber Shop
715 Main St.
Luis A. Marrero

Western Mass Services
208 Labelle St.
Leonard Cowles

Bankruptcies

By BusinessWest Staff March 27, 2012

Bankruptcies Departments

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

Acevedo, Denise M.
107 Barre St.
Springfield, MA 01119
Chapter: 7
Filing Date: 02/21/12

Alibozek, Michael J.
32 East Road
Adams, MA 01220
Chapter: 7
Filing Date: 02/29/12

Allen, Robert Q.
Allen, Catherine M.
14 Coakley Dr.
Chicopee, MA 01020
Chapter: 7
Filing Date: 02/23/12

Barszewski, Joanne Mary
392 Montague Road #22
Sunderland, MA 01375
Chapter: 7
Filing Date: 02/27/12

Bass, Ingrid E.
359 Springfield St.
Feeding Hills, MA 01030
Chapter: 7
Filing Date: 02/28/12

Beaudry, Francis H.
P.O. Box 907
Warren, MA 01083
Chapter: 7
Filing Date: 02/28/12

Belisle, Penny M.
513 Springfield St.
Chicopee, MA 01013
Chapter: 7
Filing Date: 02/17/12

Berthiaume, Nathan H.
413 Belchertown Road
Ware, MA 01082
Chapter: 13
Filing Date: 02/23/12

Brown, Robert A.
148 Hillsdale Road
Great Barrington, MA 01230
Chapter: 13
Filing Date: 02/23/12

Brunette, Steven P.
26 Chestnut St.
Hatfield, MA 01038
Chapter: 7
Filing Date: 02/21/12

Busbin, John R.
79 Evergreen Dr.
Holyoke, MA 01040
Chapter: 7
Filing Date: 02/28/12

Carmody, Julia M.
49 Enfield St.
Indian Orchard, MA 01151
Chapter: 7
Filing Date: 02/21/12

Carver, Jonathan David
52 Irene St.
Springfield, MA 01108
Chapter: 7
Filing Date: 02/21/12

Cayer, David S.
105 Island Pond Road
Springfield, MA 01118
Chapter: 7
Filing Date: 02/27/12

Chambers, Molly P.
85 Crescent St.
Greenfield, MA 01301
Chapter: 7
Filing Date: 02/17/12

Chasles-Snyder, Gigi M.
a/k/a Chasles Labbe, Gigi M.
48 Claverack Road
Whately, MA 01093
Chapter: 7
Filing Date: 02/20/12

Cora, Crystal
a/k/a Mccarthy, Crystal
111 Malibu Dr.
Springfield, MA 01128
Chapter: 7
Filing Date: 02/29/12

Crocker, Donna Haley
76 Hazelwood Ave.
Longmeadow, MA 01106
Chapter: 13
Filing Date: 02/22/12

Cumba, Jose Antonio
Cumba, Maria Mercedes
44 Webster St., 1st Fl.
Springfield, MA 01104
Chapter: 7
Filing Date: 02/21/12

Dargis, Tatiana
a/k/a Banari, Tatiana
1161 Westfield St.
West Springfield, MA 01089
Chapter: 7
Filing Date: 02/17/12

Davila, Maria E.
66 Jenness St.
Springfield, MA 01104
Chapter: 7
Filing Date: 02/17/12

Daye, Martin Oliver
24 East Cleveland St.
Greenfield, MA 01301
Chapter: 7
Filing Date: 02/23/12

Deblois, Normand P.
Deblois, Leona Rose
1157 Elm St., Apt 5
West Springfield, MA 01089
Chapter: 7
Filing Date: 02/17/12

Delnegro, Andrew F.
Delnegro, Judy A.
74 Mill Road
East Longmeadow, MA 01028
Chapter: 7
Filing Date: 02/27/12

DeMeyer, Tracy A.
25 Keegan Lane 8C
Greenfield, MA 01301
Chapter: 7
Filing Date: 02/20/12

Desmond Landscaping
White, Desmond
17 Cloran St.
Springfield, MA 01109
Chapter: 7
Filing Date: 02/27/12

Desousa, Ruy T.
97 Water St.
Palmer, MA 01069
Chapter: 7
Filing Date: 02/28/12

Dialessi, Robert G.
Dialessi, Lynn P.
22 Reed St.
Agawam, MA 01001
Chapter: 7
Filing Date: 02/22/12

Dondey, Joseph P.
41 Newell St.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 02/28/12

Dondey, Torey L.
a/k/a Lheureux, Torey
41 Newell St.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 02/28/12

Dowers, Amy M.
PO Box 175
Chester, MA 01011
Chapter: 7
Filing Date: 02/29/12

Dumas, Eric Joseph
339 Grattan St.
Apartment 2
Chicopee, MA 01020
Chapter: 7
Filing Date: 02/27/12

Dyer, Tiffany L.
29 Quincy Ave., Apt 1
Chicopee, MA 01020
Chapter: 7
Filing Date: 02/20/12

Echevarria, Juan J.
17 Washington Ave.
Holyoke, MA 01040
Chapter: 13
Filing Date: 02/29/12

Edwards, Phillip Arthur
Edwards, Nancy Ann
P.O. Box 205
Shutesbury, MA 01072
Chapter: 7
Filing Date: 02/20/12

Gautier, Jennifer V.
17 Halsey St.
Springfield, MA 01104
Chapter: 7
Filing Date: 02/16/12

Hebler, Todd M.
52 Newell St.
Pittsfield, MA 01201
Chapter: 13
Filing Date: 02/21/12

Henderson, Jennifer G.
P.O. Box 751
Sheffield, MA 01257
Chapter: 7
Filing Date: 02/21/12

Hrycay, Kenneth
28 Horseshoe Dr.
Chicopee, MA 01022
Chapter: 7
Filing Date: 02/29/12

Jones, Edward A.
Jones, Gail A.
185 Pinegrove Dr.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 02/29/12

Joseph-James, Katrika N.
71 Whittier St.
Springfield, MA 01108
Chapter: 7
Filing Date: 02/21/12

Kasperek, Christopher Paul
306 Barry St.
Feeding Hills, MA 01030
Chapter: 13
Filing Date: 02/17/12

Kazonis, Michael
62 Middle St.
Florence, MA 01062
Chapter: 7
Filing Date: 02/20/12

Kennedy, Mary Ellen
20 Granby Heights
Granby, MA 01033
Chapter: 7
Filing Date: 02/23/12

LaFrance, James A.
P.O. Box 344
South Deerfield, MA 01373
Chapter: 7
Filing Date: 02/20/12

Langlois, Theodore
418 Meadow St. #A9
Agawam, MA 01001
Chapter: 7
Filing Date: 02/29/12

Lenkowski, Cara M.
10 Prospect St.
Easthampton, MA 01027
Chapter: 7
Filing Date: 02/29/12

Lovely, Michael S.
116 Polaski Ave.
Chicopee, MA 01013
Chapter: 7
Filing Date: 02/23/12

Lussier, Keri A.
267 Ridge Road
Athol, MA 01331
Chapter: 7
Filing Date: 02/27/12

MacKay, Bonnie L.
a/k/a MacKay-Vachula, Bonnie L.
42 Basket St.
Huntington, MA 01050
Chapter: 7
Filing Date: 02/29/12

Macznik, Eric A.
Macznik, Claudia C.
52 Posner Circle
Ludlow, MA 01056
Chapter: 13
Filing Date: 02/23/12

Manning, William J.
18 Palmer Road Unit 17
Monson, MA 01057
Chapter: 7
Filing Date: 02/29/12

Manzoor, Muhammed T.
165 Lumae St.
Springfield, MA 01119
Chapter: 7
Filing Date: 02/24/12

Martell, Jan S.
Martell, Tammi A.
130 Bacon Road
Ware, MA 01082
Chapter: 7
Filing Date: 02/29/12

MBS Enterprises
New Day Real Estate
Seward, Michael Brett
P.O. Box 829
Bondsville, MA 01009
Chapter: 7
Filing Date: 02/23/12

McClintock, Saundra D.
443 Beech St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 02/29/12

Melbourne, Mary E.
39 Agnes St.
Springfield, MA 01118
Chapter: 7
Filing Date: 02/16/12

Michienzi, Audrey
106 Wilson Road
Barnardston, MA 01337
Chapter: 13
Filing Date: 02/21/12

Moore, Roberta F.
a/k/a Sczepanski, Roberta F.
95 Syrek St.
Chicopee, MA 01020
Chapter: 7
Filing Date: 02/28/12

Morales, Alberto M.
3 Carriage Lane
Amherst, MA 01002
Chapter: 7
Filing Date: 02/20/12

Moriarty, Laura M.
66 Pleasant St., Apt. 3R
Easthampton, MA 01027
Chapter: 7
Filing Date: 02/28/12

Murray, Aaron P.
Warfield, Elizabeth A.
367 Union St.
Springfield, MA 01105
Chapter: 7
Filing Date: 02/29/12

Nalewanski, Rachael Leigh
19 Stone Path Lane
Easthampton, MA 01027
Chapter: 7
Filing Date: 02/27/12

O’Neil, Judith A.
87 East Road
Adams, MA 01220
Chapter: 13
Filing Date: 02/27/12

Oster, Tamara M.
30 Kenlee Gardens, Apt. 2R
South Hadley, MA 01075
Chapter: 7
Filing Date: 02/28/12

Ouimette, Tina L.
a/k/a Chaves, Tina L.
68 School St.
Chicopee, MA 01013
Chapter: 7
Filing Date: 02/17/12

Parenteau, Kenneth J.
Parenteau, Geraldine R.
a/k/a Parenteau, Dina R.
111 Glendale St.
Chicopee, MA 01020
Chapter: 13
Filing Date: 02/17/12

Patel, Brijesh D.
112 Florence St.
Leeds, MA 01053
Chapter: 7
Filing Date: 02/21/12

Patenaude, Dana R.
Patenaude, Tami E.
47 Cypress St.
Greenfield, MA 01301
Chapter: 7
Filing Date: 02/17/12

Poole, James
Poole, Carol Garden
847 New Braintree Road
Oakham, MA 01068
Chapter: 13
Filing Date: 02/21/12

Pothier, Richard A.
250 Reed St.
West Warren, MA 01092
Chapter: 7
Filing Date: 02/27/12

Pothier, Sandra L.
250 Reed St.
West Warren, MA 01092
Chapter: 7
Filing Date: 02/27/12

R.C.R. Enterprises, Inc.
Ruscio, Robert C.
Ruscio, Cheryl A.
52 Garden Ave.
Westfield, MA 01085
Chapter: 7
Filing Date: 02/20/12

Ramos, Gary L.
51 Howes St.
Springfield
MA, MA 01118
Chapter: 13
Filing Date: 02/27/12

Redman, Kerry-Ann
33 Ferris St.
Indian Orchard, MA 01151
Chapter: 7
Filing Date: 02/28/12

Richard, Ronald G.
Richard, Mary F.
a/k/a Newhouse, Mary F.
160 slumber Lane
Springfield, MA 01128
Chapter: 7
Filing Date: 02/22/12

Rivera, Roman
a/k/a Nieves/Rivera, Roman
Viera, Milagros
395 Parker St.
Springfield, MA 01129
Chapter: 7
Filing Date: 02/28/12

Roseberry, Rene
Roseberry, Lynn
222 Sheldon Road
Barre, MA 01005
Chapter: 13
Filing Date: 02/27/12

Sierra, Wilfredo
P.O. Box 3626
Springfield, MA 01101
Chapter: 7
Filing Date: 02/27/12

Smith, Michael J.
Smith, Colleen M.
10 Longview Dr.
Wilbraham, MA 01095
Chapter: 13
Filing Date: 02/16/12

Spusta, Kimberlyanne
18 Howard St.
Ludlow, MA 01056
Chapter: 7
Filing Date: 02/29/12

Stanger, Jesse J.
277 Main St.
Sturbridge, MA 01566
Chapter: 7
Filing Date: 02/27/12

Starkey, Courtney L.
97 Congamond Road
Southwick, MA 01077
Chapter: 7
Filing Date: 02/29/12

Strickland, Christine C.
a/k/a Raddatz, Christine
221 Ventora St.
Ludlow, MA 01056
Chapter: 7
Filing Date: 02/29/12

Taylor, Richard W.
Taylor, Virginia A.
13 Charles Place
Athol, MA 01331
Chapter: 7
Filing Date: 02/29/12

Taylor, Steven J.
12 Crestview Dr.
PIttsfield, MA 01201
Chapter: 7
Filing Date: 02/16/12

Tyler, Lemart E.
Tyler, Anne M.
33 Michael Dr.
Westfield, MA 01085
Chapter: 7
Filing Date: 02/29/12

Winslow, David B.
41 C St.
Athol, MA 01331
Chapter: 7
Filing Date: 02/21/12

Zhupikov, Dmitriy
Zhupikov, Yuliya
58 Hanover St.
West Springfield, MA 01089
Chapter: 7
Filing Date: 02/27/12

Building Permits

By BusinessWest Staff March 27, 2012

Building Permits Departments

The following building permits were issued during the months of February and March 2012.

AGAWAM

Berkshire Power
36 Moylan Lane
$20,000 — Convert warehouse to locker room

Six Flags New England
1623 Main St.
$200,000 — Frame new entry to Big Ben’s building

William Deveno
45 Vassar Road
$15,000 — Office renovations

AMHERST

150 Fearing St., LLC
150 Fearing St.
$4,500 — Sub-divide office space

Amherst College
Converse Hall
$36,000 — New flooring

Amherst College
Frosting Library
$149,000 — Addition of café on first floor of library

Carex LLC
15 Research Dr.
$112,000 — Finish office in existing space

CHICOPEE

200 Tillary, LLC
165 Front St.
$17,500 — Renovations for a bathroom and utility room

Anaber LLC
720 Memorial Dr.
$28,000 – Strip and re-roof

City of Chicopee
115 Baskin Dr.
$447,000 — Roof replacement and masonry repairs at the D.P.W.

City of Chicopee
5 West Main St.
$804,000 — Demolish former Facemate buildings

Hershal, LLC
600 Memorial Dr.
$100,000 — First-floor lobby renovation and addition of fitness center and boardroom

EASTHAMPTON

Anup Sangar
29 Union St.
$4,000 — Minor renovations of existing space

Easthampton Savings Bank
241 Northampton St.
$5,841,000 — New three-story commercial bank

Mt. Tom Development
311 East St.
$63,000 — Complete interior of building

EAST LONGMEADOW

Riv Serrazina
382 North Main St.
$64,000 — New roof

HOLYOKE

Elmwood Towers Associate
485 South St.
$250,000 — Install new equipment building

Gail M. Sullivan
77 Locust St.
$6,000 — Install new roof at restaurant

Holyoke Hospital Inc.
6 Isabella St.
$12,000 — New roof

South Holyoke Apartments
529 South Bridge St.
$30,000 — Install new roof

LUDLOW

American Tower Corporation
31 Ravenwood Dr.
$15,000 — Cell tower antennas

David Lavoie
733 Chapin St.
$46,000 — Re-shingle roof

Lavoie Properties, LLC
394-402 Chapin St.
$1,500 — Replace doors

NORTHAMPTON

Atwood Drive LLC
8 Atwood Dr.
$3,070,000 – Construct 40,000-square-foot medical office building

Bally Bunion Realty, LLC
108 Main St.
$3,000 — Remove non-load bearing partitions

Frank Fournier III Trustee
376 Easthampton Road
$5,000 — Move stairs

James H. Graham
20 Ladd Ave.
$20,000 — Construct two walls in shop area

Service Properties Inc.
78 Conz St.
$15,000 — New roof

Smith College
30 Belmont Ave.
$95,000 — Office renovations on first and second floors

Smith College
102 Lower College Lane
$10,000 — Remove open stairway

SOUTH HADLEY

Mount Holyoke College
50 College St.
$7,000 — HVAC renovation

SPRINGFIELD

3 Pointer, LLC
643-649 Main St.
$45,000 — Interior renovations

1350 Main Street, LLC
1350 Main St.
$23,000 — Interior renovation to combine two suites

City of Springfield
36 Court St.
$120,000 — Interior finishes and removal of wall on the fourth floor

Cottage Hill Church
315 Cottage St.
$129,000 — Roof replacement

Helen & Joe Nowak
537 Main St.
$13,000 — Remodel existing restaurant

Hispanic Resources Inc.
364-366 Main St.
$6,500 — Renovations

State Street N.E. Development, LLC
1525 State St.
$464,000 — Renovate 12,566-square-feet for new retail tenant space

WEST SPRINGFIELD

Baystate Health
40 Daggett Dr.
$12,000 — Renovate 892-square-feet of space for a doctor’s office

Dick Harty
1501 Elm St.
$2,000 — Renovate existing commercial kitchen

H & P Realty LLC
218 Memorial Dr.
$80,000 — Strip and re-roof

Paul Longtin
1268 Riverdale St.
$50,000 — Renovate exterior of restaurant

Building a Region

By BusinessWest Staff March 27, 2012

Construction Sections

A chart of general contractors in Western Mass.

Click here to download PDF

PictureThis

By BusinessWest Staff March 27, 2012

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]

Taking Shape

Members of the media had the opportunity to tour the inside of the Massachusetts Green High Performance Computing Center on March 14. John Goodhue, executive director of the center (seen at top and second-from-top), led a tour of the 90,000-square-foot, $168 million facility taking shape at the former Mastex Industries site in downtown Holyoke. Work on the center is expected to be completed at the end of this year. Partners in the center are the University of Massachusetts, Harvard University, the Massachusetts Institute of Technology, Boston University, Northeastern University, EMC Corp., and Cisco Systems.

St. Patrick’s Day Breakfast

The Greater Westfield Chamber of Commerce staged its annual St. Patrick’s Day Breakfast on March 16. A number of city officials and state legislators took to the podium, and BusinessWest Editor George O’Brien delivered the keynote address. At top, a delegation from Berkshire Bank takes in the festivities, while below, representatives of Noble Hospital enjoy the day’s events. At bottom, the Westfield Colleen, Meagan Susan Casey (center), enjoys a bite of cake with her court, from left, Meaghan Kwarzinski, Ryan Hickson, Sinead Smith, and Connor Sheehan.

Law

By BusinessWest Staff March 27, 2012

Columns Sections

Insurance Payments for Your Autistic Child

Dennis G. Egan

Having a child with autism creates many challenges, not the least of which is the potential financial impact on your family. Until recently, many families were burdened with a mountain of bills when attempting to have their child diagnosed with and treated for disorders within the autism spectrum. But, thanks to a new Massachusetts law, that is changing.
In August 2010, ARICA (an Act Relative to Insurance Coverage for Autism) was signed into law by Gov. Deval Patrick; it became effective on Jan. 1, 2011. This law requires health-insurance companies in Massachusetts to provide coverage with respect to the diagnosis and treatment of autism-spectrum disorders, regardless of the age of the individual afflicted by the disorder.
Despite what many believe, or at least have questioned, ARICA has no impact on the special-education services provided by school districts, as required under the Individuals with Disabilities Act and Massachusetts law.

Melissa R. Gillis

To clarify, ARICA requires that health insurers provide payment for supplemental services, in addition to services provided by school districts, pursuant to a student’s individualized education plan (IEP). Services covered by ARICA include, but are not limited to, medication, counseling, psychiatric care, psychological care, physical therapy, speech therapy, and occupational therapy.
This law includes several significant factors that are noteworthy:
• Reimbursement cannot be sought for services provided by a school district in furtherance of a child’s IEP;
• School districts are prohibited from requiring that services otherwise provided under the child’s IEP be sought via private health insurance coverage; and
• Potential coverage under ARICA cannot be considered by a child’s IEP team when developing the child’s IEP.
There are, however, several exceptions to coverage under ARICA. For example, self-funded plans that fall under the auspices of ERISA are not required to provide insurance coverage. In addition, individuals who receive health care coverage under MassHealth or CommonHealth are not eligible for the coverage provided by ARICA. In addition, insurers may opt out of required participation if applicable costs to the insurance exceed 1% of its otherwise current costs.
As with any new legislation, the implementation of ARICA has progressed, and will evolve, in fits and starts as interested parties educate themselves and others with respect to the practical application of the law.
For example, health-insurance companies that fall under the requirements of ARICA may require a copy of the child’s IEP prior to making coverage decisions. As such, it is very important that the parents of a child covered by ARICA proactively inform the school district that all requests for their child’s IEP be directed to themselves as the parent of guardian. Remember that Massachusetts law prevents school districts from disseminating information relative to a child’s IEP to a private health-insurance provider without the parent or guardian’s informed, prior written consent.
As with any change, especially one of this magnitude, the key to successful transition is communication. You should contact your child’s school district to ensure that it is aware of the provisions of ARICA, as well as its effect on the services that the district provides. This discussion should include such issues as what policies the district has in place to ensure that your child’s confidential information is not shared with insurers without your written consent, as well as a review of the district’s continuing education of staff and administrators relative to ARICA. Parents may also request literature from the school district in order to ensure that the district has written procedures in place to ensure proper application of ARICA.
With your child’s best interests in mind, it is important to reach out to his doctors and therapists to discuss this new law and the impact that it has on services provided, both pursuant to your child’s IEP and privately. It is important that any services provided to your child by a doctor or therapist be properly coded when billed to avoid confusion, which can ultimately lead to additional costs and/or delays.
Communication with your health-insurance company is crucial — first, to confirm that the provisions of ARICA apply to your health insurer, and, second, to ensure that covered services are provided and billed appropriately. In addition, any questions with respect to co-pays and out-of- pocket expenses are best addressed prior to receipt of services.
Informing your insurer proactively that your child receives services that fall within the scope of ARICA, and requesting written information with respect to its compliance with ARICA, will reduce the likelihood that billing questions and issues arise. As with any issue, proper documentation of any and all services provided will assist in resolving any potential issues in a timely manner.
Luckily, a number of quality resources are available for those who have questions related to ARICA. The Commonwealth of Massachusetts Division of Insurance has published guidance with respect to ARICA, and many autism advocacy and support groups have held and continue to hold informational workshops.
If you need legal assistance when wading through the waters of autism-disorder diagnosis and treatment payments, make sure you consult with a qualified special-education attorney. n

Melissa R. Gillis, Esq. is an attorney with Bacon Wilson, P.C. in the special-education, domestic, and real-estate departments; (413) 781-0560; baconwilson.com/attorneys/gillis. Dennis G. Egan Jr., Esq. is an attorney with Bacon Wilson, P.C., concentrating in special education, business, and corporate law; (413) 781-0560; baconwilson.com/attorneys/egan

For Sale, For Lease

By BusinessWest Staff March 27, 2012

Commercial Real Estate Sections

A list of available commercial properties

Click here to download PDF

Editorial

By BusinessWest Staff March 27, 2012

Opinion

Continuing the Search for Answers

State Rep. Jim McGovern hit the nail on the head — repeatedly.
In his comments to attendees at a recent symposium titled “Digital Games: Playing in the Valley” (see story, page 17), he said that few industries “can project the growth characteristics of the game industry.” And he’s right. He then said that, to get the regional economy back on its feet, video games comprise “one of the answers.” Right again.
And notice the use of the plural, because it’s important.
Indeed, there are still many people in this region looking for the answer, or the next big thing. After decades of searching, one would think that they would know by now that there isn’t one answer to this region’s problems when it comes to vibrancy, job creation, and overall reinvention from its days as a manufacturing hub. And there won’t be one big thing, either.
It must be many things, or many answers. Which brings us back to the symposium at Hampshire College earlier this month. It was there that speaker after speaker — from college professors to elected officials like McGovern to people like Allan Blair, president of the Western Mass. Economic Development Council — talked about how this region could be a hub for video-game-related businesses, and how it should be.
Not all, but most of the active ingredients are there to make this happen, the various speakers said, listing everything from cost of living to a critical mass of young college students, to a quality of life sought by the younger generations. The challenge, they said, is to foster this young, still-growing industry, and to overcome the hurdles, such as the lack of a solid reputation in this industry and also the incomprehensible lack of high-speed Internet access in some of the more remote but still-desirable areas of this region.
The day’s events and speeches could be summed up as a call to action, an effort to raise awareness when it comes to the job potential of a still-misunderstood subsector of the economy, and an attempt to rally the necessary support to convert something that most consider a longshot into something doable.
We need more events like this in Western Mass. because we need to tap a number of wells when it comes to innovation and job creation, in fields like video games, green energy, the biosciences, medical-instrument manufacturing, and more.
The first step is to acknowledge and understand the full potential of some of these emerging industries or clusters — and many speakers admitted that they hadn’t previously had such an appreciation of the video-game sector — and then to be carefully aggressive in creating an environment in which such ventures can thrive.
‘Carefully aggressive’ might sound like an oxymoron, but it’s not. Cities, regions, and states must indeed be aggressive when it comes to supporting potential jobs — Rhode Island was when it gave former Red Sox pitcher Curt Schilling’s video-game business, 38 Studios, a $75 million loan to get to the next level in the Ocean State — but they must also be prudent. Massachusetts learned the lesson the hard way when it gave huge incentives to Evergreen Solar, not understanding that market forces would soon drive production of such systems overseas.
No one could have imagined 30 years ago that video games would be a course of study in college and a source of many thousands of jobs worldwide. Likewise, no one knows what we’ll be saying these same things about 30 years from now.
What we do know is that the region must be diligent in its search for answers — in the plural — because it will take many of them to create the solid jobs our communities will need moving forward.

Opinion

By BusinessWest Staff March 27, 2012

Opinion

How to Reform Community Colleges

The current debate about the future of community colleges is nothing new. Their mission has always been contested.
Some see these open-admission, relatively inexpensive colleges as providing technical training focused on local workforce needs. Others say they provide the first two years of a baccalaureate degree and facilitate transfer to a four-year college or university. Still others see community colleges as providing a variety of non-credit courses and support for students needing to obtain a high-school equivalency degree, or simply advancing their personal or professional interests.
Some — including the Boston Foundation, whose report on community colleges seems to have been the model for the Patrick administration’s recent proposal — think the multiple missions of community colleges are a sign of confusion and inefficiency. Actually, they are the sign that they are doing their jobs.
Community colleges must continue to play their three roles. The question is simply one of balance. But the governor’s recent proposal would tilt the scale the other way, making community colleges little more than publicly funded workforce-training centers for private business. This is as bad for the Commonwealth as it is for community-college students.
A bachelor’s degree not only provides access to higher-paying jobs, but also emphasizes the broad liberal-arts education crucial to helping students deal with living in an increasingly complex global society. Community colleges must continue to play their transfer role while still providing access to immediate career programs. The governor’s emphasis on workplace education short-circuits the many students who aspire to a higher education. Furthermore, it effectively constitutes a tracking system for minority and working-class students, who are concentrated in community colleges.
Rather than throw out the invaluable, multiple missions of community colleges, how about some real reform?
First, we must create a foundation budget for each community college; all are woefully underfunded. Community colleges have traditionally had far less funding than the state universities, and have been hit especially hard by a decade of disinvestment. They do not generally have the capacity to do major fund-raising, recruit higher-paying out-of-state students, or charge the high fees that the UMass institutions do. A starting point would be to raise all community colleges’ budgets up to that of the college with the highest per-student budget.
Second, just as in K-12 education, the most important factor in the quality of education is the faculty hired to teach and do research. This is especially true for community colleges that consistently teach the most racially and ethnically diverse student body in the public higher-education system. This sector of our system deserves to have well-compensated faculty and staff. And yet, the situation is upside down.
Third, community colleges serve huge numbers of students, with a range of needs and interests. The need for support staff — in admissions, mentoring, advising, tutoring, financial aid, counseling, and libraries — is greater than ever. It is precisely these crucial positions that have been eliminated. Staff positions should be hired in proportion to admitting new students and hiring more faculty.
Finally, we must improve the affordability of community colleges so that students can afford to matriculate and are not strapped with debt upon graduation. The explosion of student debt threatens the role public higher education plays in providing a pathway into the middle class. We have to move beyond the ‘high tuition and high aid’ model that Massachusetts has unsuccessfully employed: as tuition and fees have skyrocketed, the state has failed to put money on the aid side of the equation, such that now the average state financial-aid grant covers less than 10% of the total cost of attending a state college.
One of the buzzwords of our politics today is ‘accountability.’ Before asking public colleges and universities, their students, faculty, and staff to do more counting, measuring, and testing, government leaders should be held accountable and provide adequate funding for our institutions to do their jobs. v

Max Page is a professor of Architecture at UMass Amherst and vice president of the Public Higher Education Network of Massachusetts.

Creating a Stronger, Unified Voice

By BusinessWest Staff March 27, 2012

Features

Valley Leaders Announce a Hampshire County Chamber of Commerce

Suzanne Beck says there are many things about the recently formed Hampshire County Chamber of Commerce that she doesn’t know yet — such as the official name (that’s the working title above), the specific operating structure, or which organizations will choose to affiliate with it.
But what she does know is that, if this entity comes together and evolves in the manner that supporting businesses and economic-development leaders expect, it will provide something that has been historically missing from this eclectic and vibrant part of the state — a truly regional voice.
“The vision for the organization is not what’s in place right now, but what we’re building toward,” said Beck, executive director of the Greater Northampton Chamber of Commerce and also the interim director for the Hampshire County Chamber, as she discussed the primary motivations for creating the new body. “The vision is to have an organization that can serve as an umbrella for local business agencies that may include more than chambers, and be more effective and create more capacity for doing direct service to business, but also convene and represent the economic initiatives we’d like to advance as a region.”
“It’s really about convening people across the county,” she continued. “Now, the representation is fragmented in terms of reporting views to elected officials and those in various sectors across the region and statewide. A regional chamber will help construct a consistent voice on priorities for Hampshire County.”
Beck said formation of the regional chamber will not threaten the existence of the three chambers of commerce currently serving communities in the county — the Northampton Chamber, the Amherst Area Chamber, and the Greater Easthampton Chamber — because they have specific roles and should continue in them.
“One of the important tenets of this regional chamber is that the local chamber remains intact,” she said, “and is better supported by the increased capacity of the organizations that are part of the regional chamber. That’s one of the things we learned from talking to other people.”
The regional chamber is expected to provide the county with a strong strategic presence at the State House and before regional organizations such as the Pioneer Valley Planning Commission and the Economic Development Council of Western Mass. (EDC), she went on, adding that it will act to coordinate resources to support small businesses and “amplify” (a word she used often) attention to local issues.
In that respect, it will be similar in some ways to the EDC, which was one of many potential models that were researched while exploring how and when to proceed with a new regional entity.
The new chamber’s first assignment, said Beck, will be to convene the appropriate parties and create what she called an “economic strategy” for Hampshire County, or a blueprint moving forward, something else that’s been missing from the equation when discussing the region that includes Northampton, Amherst, Hadley, South Hadley, Easthampton, and many smaller communities.
“That’s going to be the first deliverable,” she said of the strategic plan. “It’s going to be an effort to bring people together from the business sector, the nonprofit sector, and the municipal sector to create that economic strategy for Hampshire County that identifies what the priorities are and what will have the most impact, and that we can all share in working toward.”
Beck told BusinessWest that the new chamber, created with a formal vote at the annual meeting of the Greater Northampton Chamber of Commerce on March 10, continues a pattern of regional thinking and doing in Hampshire County. Examples include formation of Leadership Hampshire County, an initiative to cultivate young leaders across the country, and also the Regional Tourism Council in 2011 — an organization that is in some ways a model for the new chamber — as well as a decidedly regional approach to redevelopment of the Three County Fairgrounds in Northampton. Meanwhile, it also echoes steps taken in regions across the Northeast and beyond to incorporate a more-regional approach to economic development.
Citing one of many such efforts, Beck listed the Portland, Maine Business Alliance, a group comprised of several chambers in that area as well as other economic-development agencies.
Rus Peotter, general manager at WGBY public television in Springfield, who will serve as the chairman for the new regional chamber, agreed, noting that the regional model is not a new concept.
“It’s already here in our region in the Berkshires, Franklin County, and Springfield, but it’s even bigger around the country,” he said. “There are many models across the country. This is not a completely new concept or something we’re trying to invent.”
Peotter said a regional chamber will provide the county with better representation at regional economic-development meetings where decisions are made about funding and priorities for the Pioneer Valley. “With a regional chamber, the county will not only have someone in the room, they’ll have someone at the table.
“The county will have representation at these meetings and will have some clout,” he added. “You have to have enough gravitas to even be considered a player, and right now, Hampshire County does not. It’s not like it’s being excluded. There’s just no one person to call.”
Beck concurred, noting that, while Hampshire County business leaders serve on the boards for organizations such as the EDC, they represent their respective businesses, and not Hampshire County as a whole, while doing so.
Founding members of the chamber have already invested over one-third of the $400,000 needed over two years to get the concept in full gear, said Beck, adding that regional partners are being invited to become first-tier investors in the new entity, investing in the concept and helping to raise that $400,000 for startup work.
The initial to-do list includes the aforementioned brainstorming on a regional economic-development agenda, and also organizing events that focus on opportunities in Hampshire County. The Hampshire County Chamber will be a new legal entity with a structure for local organizations to affiliate with, starting with the Greater Northampton Chamber of Commerce and its members.
The startup funds will be used for the first two years of operations, after which the regional chamber will be supported by member dues.
Founding directors of the regional chamber include Peotter; David DelVecchio, owner of Innovative Business Systems, Easthampton; William Dimmitt, account manager for the AxiA Group, Easthampton and Springfield; John Heaps, president of Florence Savings Bank; William Hogan, president and CEO of Easthampton Savings Bank; Chuck McCullagh, chief financial officer of the Williston Northampton School, Easthampton; Curt Shumway, partner at Hampshire Hospitality Group; and Janet Warren, owner of MarCom Capital in Hatfield.
One-third of the startup funds have been raised by the founding members and the following businesses and organizations: Coldwell Banker Upton Massamont Realtors of Florence and South Deerfield, Easthampton Savings Bank, Florence Savings Bank, Innovative Business Systems, MarCom Capital, Pioneer Training of Northampton, Robert Reckman of Northampton, Smith College in Northampton, United Personnel of Easthampton and Springfield, WGBY-TV, and Williston Northampton School.

— George O’Brien

The Next Level

By BusinessWest Staff March 27, 2012

Sections Technology

Could the Valley Become a Hub for Video-game Companies?

Allan Blair freely admitted his understanding of the video-game industry is limited. Or was, anyway.
“I had the simplistic view that gaming meant being frustrated by Angry Birds,” said Blair, president of the Western Mass. Economic Development Council (EDC). “The fact is, it’s truly a business, a real industry, and not just something to wile away time on. I had no idea.
“But once I got my mind around that,” he continued, “naturally, as an economic developer, I asked, ‘how do we nurture growth in this kind of industry in Massachusetts?’ As I learned about the industry, I came to believe we have in Western Mass. a lot of aspects necessary for this industry to grow and thrive.”
That was the general sentiment among more than two dozen panelists participating in “Digital Games: Playing in the Valley,” a recent symposium co-sponsored by host Hampshire College, the Mass. Digital Games Institute, and the EDC. The event drafted video-game entrepreneurs, professors from several colleges, political and economic-development leaders, and other speakers to discuss the potential of this fast-growing industry to take root and bring economic benefits to the Bay State.
“I am not part of what you would consider the ‘video-game generation,’ but video games encompass more than they used to,” said state Rep. Jim McGovern (D-3rd District). “Few industries these days can project the growth characteristics of the game industry … and those jobs should be in Massachusetts.”

Mike Levine says Western Mass. won’t reach its full potential in video-game development and related fields until the region is adequately wired for high-speed Internet.

Many already are; the Bay State’s digital-games cluster employs nearly 4,000 people at more than 75 companies, with gross industry revenues estimated at around $2 billion. More than 20 colleges and universities in Massachusetts offer majors or courses in game design and development. And much of that activity is thriving in the Pioneer Valley.
“The Western Mass. region thrives on creativity and innovation, and I want to see these businesses blossom right here, and for these students to stay in the Valley and pursue their passion for video-game design,” McGovern said, noting that game technology has crossed over into other industries, from military training to medical applications, and is likely to expand further. “This is not a bunch of people talking about this in theory; this industry is growing now. And to get the economy back on its feet again, this is one of the answers.”

No Smokestacks
John Musante, Amherst’s town manager, called video games a potential “smokestack industry without the smokestacks. I enthusiastically believe that the gaming industry would be good for Amherst and good for our region.”
He mentioned that the three colleges in his town alone — UMass, Hampshire, and Amherst — include some 29,000 students at any given time, while others at the symposium noted that the 13 colleges in Western Mass. total some 65,000 students, many of whom are enthusiastic about gaming and might be likely to pursue jobs in the industry locally if they exist.
“Creativity and innovation are what our region is all about,” Musante added. “We believe the creative economy is part of our future, and the prominent potential of the gaming industry certainly seems like a perfect opportunity to build upon together, right here in the Valley.”
Take Raf Anzovin, for example. He launched Anzovin Inc., which creates character animation for games and other entertainment, in Florence in 1999 — a time when he was one of only a handful of people in the area doing that kind of work.
“There are both advantages and disadvantages to being in this area,” Anzovin said. “The cost of living is difficult to minimize. I’m not sure we could possibly start a small character-animation studio from nothing in a place where the cost of living wasn’t so low. We’ve also had a good relationship with the colleges; there’s a lot of good talent coming out of them, and that’s been very beneficial.”
Then there’s HitPoint Studios, a game-development outfit specializing in newer platforms such as social and mobile games. “We started HitPoint in 2008 with eight people in Greenfield,” said its founder, Paul Hake. “Now we’re in Hatfield with 37 people, and we’re anticipating growing quite a bit more.
“We’re excited about what’s going on in the Valley,” added Hake, who sees the region eventually becoming not just a mini-hub for the video-game industry, but a full-blown hub.
Musante said the region sells itself, especially at a time when industry professionals are virtually connected across the globe, and no longer have to be located in a major metropolitan center.
“We have a critical mass of higher education and talent. We have space,” Musante said, adding that the Pioneer Valley’s location less than two hours from Boston and less than four hours from Manhattan, combined with that aforementioned lower cost of living, is a major draw, as well as reputable public-school systems and the region’s natural beauty and outdoor activities. “We feel like we have a lot of things to nurture this industry so it can grow right here in the Valley.”
That growth is already happening, said Pat Larkin, director of the John Adams Innovation Institute, an arm of the Mass. Technology Collaborative. “In this region, the market has already spoken,” he argued. “Firms have flourished; they’re able to germinate, be disruptive, do startups, and grow on a sustained basis in this region.”

Ruth West (right, with Terrence Masson from Northeastern University) says the fact that game development requires both creative and technical skills is a draw for many students.

However, precisely because it’s not New York or San Francisco or even Boston, this “middle-tier” region, as he called it, needs to more aggressively market itself. “We need to work harder, smarter, faster, better in order to build and sustain the critical mass we want to achieve.”

Getting Wired
The region poses some drawbacks, too — including one very basic problem in many rural communities.
“The Internet is really what made all this possible, in my opinion,” said Mike Levine, president of Pileated Pictures, an online- and mobile-entertainment studio in Shelburne Falls. “Amazingly, up in the hilltowns, many people do not have broadband. I really think this is a crime at this point; it’s like people not having electricity or television. That’s the number-one issue. Everyone should be connected in the state — not just for entertainment, but for public safety and other reasons.”
Hake agreed, noting that “broadband connectivity in Western Mass. is still not where it needs to be.” Another challenge, he said, is the lack of an experienced workforce to staff growing video-game companies. “We have huge amounts of talent coming out of the colleges, but we have a hard time finding industry veterans.”
There’s a sort of chicken-and-egg component to this issue, however, suggested Joe Minton, president of Digital Development Management in Northampton, which represents video-game-development studios; before that, he was president of game developer Cyberlore Studios.
Specifically, he said, the industry needs to expand in the region to attract that pool of available talent. “In San Francisco, you can walk down the street and meet five or 10 people willing to hire you.”
He talked about the importance of building critical mass in the region, forming a kind of ‘safety net’ so that talented designers, programmers, and others will know that, if one opportunity doesn’t work out, others will be available. Building many success stories, he said, “will make it much easier to bring talent here.”
Fred Fierst, a partner at law firm Fierst & Kane in Northampton, has represented video-game companies for 20 years, he said, amassing a strong reputation in the U.S. and overseas. But even he still sometimes encounters a “credibility issue” regarding Western Mass. that must be overcome. “They think if you’re not a New York or LA laywer, you can’t be a good lawyer; even a Boston lawyer is considered second-rate.”
Fierst noted another issue in video-game development, and that’s a pronounced dearth of women in the field. “I am constantly amazed how few women there are, and those who are [in the field] are in marketing and PR,” he said. “But that’s changing.”
Anzovin agreed. “I’d love to see more women in the industry,” he said, noting that he has worked with many female producers, but few artists and programmers — in other words, people on the creative side. “I don’t know that there’s a magical solution to that problem, but it’s getting better slowly.”

Back to School
Hake said colleges and universities are doing their part by recruiting more women into computer science and related programs.
Ruth West, associate professor and director of Computer Graphics at Springfield College, said the field has an appeal that should appeal to a wide variety of career seekers, no matter their gender. “It requires students to use their whole brain. It’s not just creative, but you have to think technically. There’s a whole mechanical side and a visual side, and it gets students to integrate their whole personality.”
It also requires professors to constantly keep up with trends, she said, which is why she and other faculty attend many conferences and continually track the industry in other ways.
“The only thing we can teach them is how to learn, because five years from now, it’s going to be something different,” West said. For example, social-media and mobile games have dominated the field recently. “I learned 56 programs, and they need to learn how to be that flexible.”
Paul Dickson, visiting assistant professor of Computer Science at Hampshire College, said video-game design is a motivator for students to learn many other skills. His program focuses on training students as generalists, so they can adapt to any platform, a trait valued by smaller video-game companies. Students who go on to specialized work — in a certain type of programming or animation, say — may find greater opportunities at larger companies.
“Games are a hook,” said Mark Claypool, professor and director of Interactive Media and Game Development at Worcester Polytechnic Institute. “We get students coming through the doors passionate about the things they’ve been playing. That’s gold, to get a student who comes to college excited about learning something … not just about the latest game, but the physical calculus, the music, the storytelling. There are lots of elements that have to go into the next great game.”
Or the next great … whatever. “There are many applications outside entertainment,” Claypool said, “and that’s where the real action is going to be; that’s where the real money is.”
McGovern said Massachusetts clearly has the intellectual capital to build on this work and be an innovator in those future applications, adding that state leaders are continually trying to determine how best to invest in those growing industries through infrastructure and research dollars.
“I feel like there’s a renaissance period going on now,” Pileated’s Levine said, noting that, when he was in school, video games weren’t even mentioned as a possible career path. “Now we actually have schools teaching programs, and kids coming out of school knowing game design.
“I think it’s a very exciting time,” he continued. “As a company, we’re really interested in growing our business in this region, and we need young talent who understand mobile and social gaming far more than we do. What we learned was a very different business model. Things are changing very rapidly.”
And because of online connectivity, breakthroughs can happen anywhere, Minton said. “The world is flat, and it’s really exciting what can be done nowadays.”
He cited Rovio, the Finnish maker of the Angry Birds franchise. “This was a small company making a number of games that weren’t very successful,” he noted. “Now they have many, many hundreds of people. It just takes one hit — and there’s no reason that can’t happen here.”

Joseph Bednar can be reached at [email protected]

Instant Gratification

By BusinessWest Staff March 27, 2012

Sections Technology

Mobile Web Sites Provide Information Via a Simple Touch

Blair Winans says a majority of Web sites are not formatted for mobile and tablet devices.

Blair Winans gets many requests from business owners who tell him they want their Web site turned into an app.
“I ask them whether they really need an app or whether they just need a mobile Web site,” said the principal and creative director of Winans Creative in Easthampton, which specializes in Web site design and development.
Technology is moving so quickly that, although many people are familiar with these terms, they don’t understand the real differences between them and what they can accomplish, Winans told BusinessWest. They also don’t know what makes sense for their business in terms of the cost/benefit ratio.
“Apps have become a buzzword,” he explained, “But there is a lot that goes into figuring out what someone needs, and it all comes down to functionality.”
Apps cost $20,000 or more to develop, and once they are in use, they are not easy to change. In addition, they must be approved by the iTunes store, then downloaded by people who want to use them, which makes them inappropriate for most small businesses. An idea is viable only if a company wants to provide a service that will become unique to its brand.
For example, a business might want to provide video tutorials that can be accessed via a mobile device, or a real-estate agency might want people to be able to see all their listings on a phone or tablet, Winans said. But many of these things can be accomplished via a mobile-optimized Web site, which is much more cost-effective than an app.
“You really need a high-level strategy to justify an app. Unless you have a revolutionary idea of how to connect with customers, it may not be worth the investment,” said Winans. “There are a million useless apps in the App Store, and if you can’t effectively answer the question, ‘why would someone download this?’ it is pointless to think about developing one.”
Rachael Frank concurs. “Unless your business is the size of Bank of America or Amazon, you probably cannot afford an app that will provide a return on your investment,” said the lead strategist for Gravity Switch in Northampton, which focuses on specialized technology development.
Still, most businesses have fallen behind the times in terms of keeping their Web sites updated, and could profit from technological advances.
“The whole world is playing catchup as Web development and technology has advanced so far in the last five years,” Winans said. “Ninety-nine percent of Web sites are not formatted for phones, and most people are still trying to get their Web site up to 2012 standards.”

Rachael Frank and Rob Archer say creating an effective Web site is not something that can be done once and left alone.

Rob Archer, senior developer for Gravity Switch, said that being able to view a Web site on a mobile device and use it effectively are entirely different things. “If it doesn’t present well on a small screen, it is not really usable,” he explained, adding that, if people type the name of a company into their phone, they can easily become frustrated if the site has not been formatted to fit their viewing screen.
This occurs frequently because most Web sites were built to be viewed on a desktop computer or laptop with a full-size screen. “A Web site built for a desktop assumes that people have the height and width on their screen that make it easy for them to see everything,” Winans said. There is also information that can be accessed using a computer mouse that will not work with the touch of a thumb, such as a drop-down menu.
“Traditional Web sites can be cumbersome for people using mobile devices,” he continued. “If they are not formatted for mobile users, the bounce rate of people who visit them, then leave quickly, is high,” Winans said, explaining that the term ‘bounce rate’ refers to the speed at which people leave a site that is not user-friendly.

Options Galore
Mobile Web sites can be formatted so that the information people are searching for is literally at their fingertips. “You want to create a layout that gives people a friendly experience when they visit across multiple platforms,” Winans said.
The first step is to determine what mobile users who call up a site are looking for. For most businesses, this is their phone number and address. “If people are looking for a restaurant on a mobile device, they probably don’t care about your history or where your chef trained,” Frank said. “They want your menu, but they want to be able to view it in a way that can be seen well on a mobile device. And this not a PDF, which is for printing purposes.”
That format does work well for people on a desktop computer, Archer said. “But you need to provide multiple solutions and have a responsive design that looks good on a 3- by 5-inch screen as well as a 7-inch tablet.”
Frank told BusinessWest that a mobile site is a separate entity from a traditional site and, therefore, requires a different form of navigation.
“A responsive design will automatically adapt to the size of a mobile device and do things like load a smaller picture or change a layout,” she explained. “This technology has been built upon for the last 10 years.”
And providing this platform can make the difference between keeping or losing a prospective client.
“If you’re pulling in a lot of business from outside of your area, it is important for someone on a mobile device to have the ability to check your hours of operation,” Frank said. “If they can’t get the information instantly or access directions easily, they are likely to go somewhere else. You want to make it easy for people.”
Archer provided another example. If someone is walking around Northampton and knows the name of a restaurant but has no idea where it is located, he explained, that information needs to be easy to find on their smartphone.
Winans agrees, and says design is critical to making a site user-friendly. “Since a phone is small, you want to have big buttons to show specialized content,” he said, adding that a mobile site can be linked directly to Google Maps. “People on mobile devices are usually trying to find several pieces of information quickly, and a mobile site can provide a different layout and change their experience.”

Tuneups
Archer says the maintenance required on a Web site can be compared to the work necessary to keep up a home’s lawn or garden.
“If you let a backyard go, it will end up with weeds and molehills,” he explained. “You need to cut the grass, water it, and make changes according to the weather conditions. And, like the weather, the technology landscape is continually changing, so your business needs to change along with it to keep up with the times.
“A Web site is often the first impression people have of your business,” he continued, “so when they see it on a mobile device, it had better look good and work well.”
Archer advises business owners who have the ability to make changes to their site to make sure the Google Analytics program is turned on. Last June, a new feature was introduced that shows the breakdown between mobile and non-mobile visitor activity on a Web site, including what type of device people used to access it.
Even if the numbers of mobile users are small, they are bound to increase. According to a report by eMarketer, half of the U.S. population will be using mobile devices, rather than computers, to access the Internet in 2015.
“The days of instant gratification are upon us, and it’s not enough to simply have a Web site or application. You need to be able to deliver content to anyone, anywhere, on any device,” Winans said.
He told BusinessWest that creating a mobile-optimized site from an existing Web site is not expensive. “It can be done for under $1,000 using a standard design,” he said. “And a large portion of businesses could definitely benefit from simple upgrades to their Web site. They can make a big difference.”
A mobile site can also serve as a starting point for a business that is considering an app. “You don’t need to jump into everything head first. There are definitely varying levels and ways of approaching it to minimize the up-front investment,” Winans said.
But building on a Web site requires a solid foundation.
“A lot of people can’t even change the content on their home page,” he noted, adding that he advises people to make sure their site has been built using a framework that can be expanded.
“If you have a good content-management system, it will allow you keep building rather than tearing down the structure each time you want to change something,” he continued, adding that some businesses may eventually want to add options such as e-commerce or video blogging.

Unfinished Business
Frank reiterated the fact that many small businesses have lagged behind the times. “They haven’t assumed their Web presence is important enough to develop,” she said. “But they need to build it and let it grow.”
Archer agrees. “Technology continues to grow, and we don’t know what is coming next,” he said.
So, although the future is unknown, experts say businesses need to make their products and services available in a way that shows they care. And right now, that means extending a friendly hand — or, rather, a design made for a thumb.

Stream of Consciousness

By BusinessWest Staff March 27, 2012

Environment and Engineering Sections

Rivers Protection Act Balances Needs of Development, Environment

Melissa Coady paused before explaining the Rivers Protection Act. Because there’s a lot to explain.
“Of all the pieces of wetlands protection regulations, the section about riverfront protection is the most convoluted,” said Coady, project environmental scientist for Tighe & Bond in Westfield. “There’s so much ‘if this, then this’ that has do with when a parcel was created or when the land was subdivided.”
The Rivers Protection Act, initiated by the Massachusetts Department of Environmental Protection (DEP), was passed into law in 1996 with a number of goals in mind, from preventing water pollution to erosion control; from protecting wildlife to preserving shellfish supplies. It does so by barring or heavily regulating development along the edges of rivers and streams.
“The riverfront area exists to protect the functions and value of those streams and the adjacent areas, in terms of water supplies, groundwater, flood control, prevention of floor damage, wildlife habitat, and fisheries,” Coady said. “It’s trying to roll all these into one area.”
Any understanding of those regulations begins with the riverfront area itself, which is defined as the area along any perennial stream — roughly defined as a stream or river that runs all year, except in extreme drought — between the water line’s annual high-water mark and a parallel line measured 200 feet offshore (except in certain urban areas; more on that later).
“The initial purpose of the Rivers Protection Act was to provide a buffer zone along streams and rivers that are considered perennial — that is, they don’t dry out,” said John Prenosil, president of JMP Environmental Consutling in Springfield. “The idea is to provide wildlife habitat protection, water quality, flood protection, nutrient removal, benefits of that nature.
“A perennial stream,” he explained, “is defined as a stream that’s shown on the most recent USGS [U.S. Geological Survey] mapping as a solid blue line. A dashed line represents an intermittent stream, meaning it dries out.”
And protected property doesn’t necessarily have to be, well, wet. According to the DEP, “riverfront areas may contain wetlands and flood plains, as well as what have traditionally been considered upland areas. As a result, the features of the riverfront area vary by location: from asphalt and landscaped greenways in urban areas to woods, lawns, and farm fields in suburban and rural areas.”

Melissa Coady says the state’s riverfront rules are among its most complex regulations in the realm of wetlands protection.

As Coady noted, “even though it can be comprised entirely of an upland, non-vegetated area, it’s still considered a wetland resource area under the act.”
That can make life tricky for developers, and even thornier for individuals who purchase their dream property, only to find out it’s essentially useless to them.

Multiple Goals
The DEP, however, decided 16 years ago that the value of protecting waterways outweighed the needs of developers. It argued that unspoiled riverfront areas prevent pollution by filtering and trapping sediments, oils, metals, and other pollutants, as well as cleaning water through toxic chemical breakdown in soils and plant roots.
It also asserted that riverfronts protect water supplies by removing pollutants that are carried in runoff from nearby commercial sites, roadways, housing developments, and parking lots before they reach surface water, as well as allowing water to seep down into the ground to replenish groundwater supplies and maintain base flows in streams and wetlands. More than 60% of Massachusetts communities are at least partly dependent on surface water as their primary source of drinking water.
In addition, according to the DEP, riverfront areas protect fisheries and land containing shellfish by moderating stream temperatures, reducing erosion, and filtering sediments and pollutants before they reach rivers — important, because these fisheries and shellfish beds are critical for recreational and commercial harvesting, as well as providing food sources to support the aquatic food chain.
Riverfront areas also protect wildlife habitats by providing food, shelter, and water for many plants, birds, and animals; serving as travel corridors year-round and during seasonal migrations; and harboring rare or endangered plants and animals.
Finally, the DEP noted, riverfronts control flooding and prevent storm damage by absorbing and storing water during storms and releasing the water slowly back to the river.
The law does take into account the fact that urban development tends to spring up alongside waterways. The protected area is reduced from 200 feet to 25 feet inland from the high-water mark in cities with a population above 90,000 or areas of smaller communities with a certain population density; in Western Mass., only Springfield merits that distinction.

John Prenosil says navigating the nuances of the act is difficult because every site and proposed development project is different.

Prenosil said the 25-foot urban zone “makes sense from a development standpoint; it’s difficult to work in a riverfront area that’s never developed. The point of the act was to protect an undisturbed buffer from the edge of streams and rivers. I think the original intent and purpose was not so much to provide protection along developed areas. It’s for when you go up to the hilltowns and have that proverbial 30-foot-wide trout stream, to provide some protection from development.”
Historically, Coady said, urban areas were built up along rivers to begin with, “so the function and value of undeveloped riverfront areas are virtually absent. But there’s still a need to regulate to a certain extent how those areas get developed.”
However, Prenosil noted, “that being said, the Rivers Protection Act does make development in urbanized areas difficult for sure,” even in municipalities that qualify for the 25-foot protected area.
Of all the resource areas designated by the DEP, Coady said, riverfronts are probably the trickiest to deal with. “The burden is always on the applicant no matter what the filing is — to demonstrate that you’ve met the performance standards, that you won’t have an adverse impact, and if you do have an impact on the resource area, that you’re mitigating it in the way the regulations call for.”

Some Exceptions
But what about properties purchased before the act went into effect? It turns out the law offers a bit of wiggle room.
“If you are working on a parcel of land that was recorded on or before Oct. 6, 1997, then you are allowed to alter 5,000 square feet, or 10% of the total riverfront area, whichever is greater,” Coady explained. However, “you have to keep at least 100 feet of undisturbed vegetation between the high-water line of the river and the limits of your disturbance. So, even though the provision allows for the development of the riverfront area, they’re still trying to protect the corridor along the river.”
And what if someone purchases a previously developed parcel along a river or stream? As it turns out, the state grants some leeway for development, as municipalities and state agencies are always seeking to improve neglected properties while still adhering to the intent of the 1996 law.
“If you’re not looking at a pristine landscape, if you’ve got an area that already has roads, or has an old parking lot, or is devoid of topsoil — dumping grounds, that sort of thing — if you clean that up, you can develop that area,” Coady explained.
“They’re trying to give an incentive to improve the existing conditions,” she added. “But there are some caveats. The total footprint of the work can’t exceed the total amount of degraded area, and you have to provide some sort of restoration of the degraded riverfront area.
“It could be that people have been dumping things there, and you could be removing the dumped material. You could plant native herbaceous or woody species to enhance the existing riverfront area,” she continued. For instance, if the previously developed area encroaches to within 75 feet of the river, but the 50 feet closest to the water line is undisturbed, a developer might provide new plantings over the intervening 25 feet.
“When you’re redeveloping a piece,” Prenosil noted, “as long as everything stays the same footprint, it’s relatively straightforward, as long as you’re getting no closer to the waterfront.”
Decisions are made on a case-by-case basis, Coady added. “That’s one of the reasons this set of regulations is so lengthy and complex. It’s very difficult, even with a clear-cut case, to fit these projects into neat little boxes. A lot of headscratching goes into it, and sometimes, there’s a lot of gray area.”

Common Good
The DEP claims that the legislation “took a measured approach to environmental protection — work in the riverfront area is not prohibited, but applicants must demonstrate that their projects have no practicable alternatives and will have no significant adverse impacts.”
With her background in this field, Coady said, it was natural for her to consider flood plains and wetlands and rare species when she purchased property, but not everyone seeks professional help before making a purchase, and many have been stuck with undevelopable land.
“It would absolutely be recommended to have a feasibility study done beforehand,” she said. “If the property has any wetlands or riverfront area, it would be advisable to take into consideration what uses someone wants to get out of that property in the future, because it may not be feasible under the current regulations.”
The law can be particularly thorny in cities that don’t meet the population threshold for the 25-foot exception, Prenosil said.
“This works great up in the hilltowns, but Pittsfield is problematic when working with residential areas,” he noted. “It’s difficult to apply one standard to everyone because there’s always unique situations.
“Basically,” he continued, “the DEP said, ‘look, we need more protections along the streams and rivers.’ The regulations are always changing; they’re dynamic. Maybe the next iteration of this will address some of those problems.”

Joseph Bednar can be reached at [email protected]

Attention to Detail

By BusinessWest Staff March 27, 2012

Michael Schafer, left, and Senior Engineer Gregory Henson

Environment and Engineering Sections

Huntley Associates Takes Pride in Its Diversity and Long History

Michael Schafer, left, and Senior Engineer Gregory Henson take pride in offering alternative designs and approaches to each of Huntley’s projects.

Huntley Associates, P.C. is a Northampton firm that dates back to 1870 and specializes in surveying and engineering projects. The scope of its work is diverse, but whether the job in question is a multi-million-dollar operation or simply involves giving advice to a municipality, integrity is the company’s cornerstone, said President Michael Schafer.
Specifically, he makes it a point to shake a client’s hand, look him or her in the eye, and give his word that his company will do everything possible to stay within budget and complete the project through carefully orchestrated teamwork. “It all boils down to proper planning and preliminary design. People who see the end product often don’t understand all of the steps that went into it. And in today’s economic times, proper strategic planning is important for a project to be cost-effective,” Schafer said, adding that clients are presented with alternative designs, ideas, and approaches to ensure that they are satisfied.
“When I write out a proposal, it’s very detailed. It lays out every step required from planning to finish. It also allows the client the opportunity to see the cost, which is particularly important because it can determine whether they decide to proceed,” Schafer said. For example, if a residential housing complex will intrude on wetlands, it may become cost-prohibitive or more than a client wants to spend.
“It really depends on the complexity and location, but if a project involves environmental concerns or reviews from state or federal agencies, the scope and fees can become a little fuzzy,” he continued. “For example, if a road has to cut through a swamp, there may or may not be endangered species living there, such as turtles or frogs. Wetlands are a big concern, and you have to work around them, which can mean moving the project or a building to a different location.
“A successful project can no longer be defined in purely technical terms,” he went on. “Regulatory, economic, and administrative issues are now major concerns.”
Therefore, it’s critical to lay out roadblocks to reduce the potential for change orders during construction, Schafer said.
He prides himself on creating a working relationship with everyone who will play a role in or on the job. “I promote a team approach,” Shafer said. “It involves the owner, client, and contractor as well as regulatory agencies, including towns or cities.”
They sit down together, which is important, as it allows different sectors to have input “sooner rather than later, after construction has begun,” Schafer said.
His staff members are not typical engineers. “We’re people who have been in the construction industry, so we understand the complexities involved, which makes it a positive experience for everyone. And if we help each other, the end result is typically an exceptionally constructed project that is completed within budget,” he told BusinessWest.
Schafer said unexpected issues often come to light during the building phase. “But if we work with the contractors, they work with us, so we end up with fewer change orders due to our relationship. And we like to take a project from start to finish to ensure that our clients are truly getting everything they are paying for. It helps that we know the local boards, conservation commissions, and regulations, because we have worked here for 50 years and are surveying the area in which we live.”

In the Beginning
Huntley Associates was founded by E.E. Davis in 1870, and is one of the oldest continuously practicing surveying and engineering firms in New England. “Our employees live in the area, so they are committed to making this a better place to live,” Schafer said.
The company was purchased by Almer Huntley in 1963. “At that time, the company’s main forte was surveying. The first engineering project was done in the late ’60s,” Schafer said.
The additional scope led to growth, and a second office was added in Maine. “By the late ’80s, the company had gone from a two- or three-man show to 80 employees,” he noted.
Huntley reached its peak during the ’70s and ’80s when it was called upon to do a number of projects across Western Mass. A large portion of the work was the civil and structural engineering and mechanical and electrical planning required to build wastewater-treatment plants.
“They were turnkey projects,” said Schafer, noting that the boom continued during the Reagan administration. “There was a lot of money pumped into the economy which was targeted for wastewater plants and infrastructure.”
But after Reagan left office, jobs became harder to get. There was a downturn in the economy, so Huntley closed its Maine office, and the firm stopped doing structural, mechanical, and electrical work, focusing instead on site development via civil engineering and surveying.
When Huntley made the decision to retire, Schafer purchased the firm. He had established Schafer Engineering Associates in Albany, N.Y. in 1994, and the men had worked together.
At that point, Schafer incorporated the services of his two companies. “It was done to consolidate resources and provide a larger capability to clients,” he explained, noting that today, the two companies share resources. “It allows us to keep our rates reasonable.”
Local clients who employ Huntley’s services find they can save time and money when historic records are needed, since their files date back to the mid-1800s. “We have old prints as well as plans and records from subdivisions in many communities, including Springfield and Holyoke. It’s a valuable resource,” Schafer said.

Changing Focus
In 2002, much of Huntley’s work was focused on new residential subdivisions. However, once the recession hit in 2008 and those jobs began to decline, the company’s focus changed again. Today, it’s working on subdivisions in Granby and New York as well as a nine-building apartment complex with 54 units in Amherst.
Other projects include new public-safety buildings in Granby and Montague. “And we are in the final stages of construction of a public-school expansion,” Schafer said.
His two companies have also collaborated on projects for the U.S. Department of Agriculture, and they have done work on parks in Vermont, New Hampshire, Massachusetts, and New York.
Road construction is another forte, and a recent $1.3 million project involved improving a 1.3-mile stretch along Parker Street in Springfield. “There was an overhead railroad bridge which was very narrow, so the street narrowed at that point,” Schafer said.
As a result, the crossing and bridge both had to be rebuilt, which meant the train track had to be temporarily relocated. It was a complex project and involved many agencies, as it was federally funded.
The company was also responsible for the portion of the Manhan Rail Trail that runs through Northampton. Three bridge crossings were included in the initial plan, but a reduction in budget meant it had to be changed to a street crossing. Providing access to the pathway also proved problematic due to elevated stormwater levels and telephone poles which stood in the way and could not be moved. “It took a lot of coordination and communication,” Schafer said.
But these large undertakings are only part of what the company does. “We consider ourselves a multi-disciplinary firm and have always been known as an icon in the area. But most of our work is not recognized. We do structural inspections of municipal and private buildings and a lot of assessments of historic structures,” he explained. There is also storm mitigation work, which has occurred frequently since the June tornado and major rainstorms that followed.
“A major stream bank that collapsed in Whately is threatening the water supply there, so we are helping there,” Schafer said. The company also spends time with officials in municipalities who call on them seeking advice about their treatment systems, grant applications, and landfill monitoring.
“Smaller projects are our bread and butter. We do everything from single-home surveys to surveys of 200 acres or more. And we have worked for many government agencies on the state and federal level,” Schafer said.
The company tries to be creative whenever it can, and uses environmentally sensitive approaches, such as a rain garden it designed for the Amherst apartment project that will divert the runoff of water from the buildings to the garden. “It’s an eco-friendly approach that we can use within the available budget,” he noted.

Back to Basics
The company has evolved continuously during its 142-year history, but through all that change there have been many constants.
“We’re still here and have been here for a long time,” Schafer said. “We have worked in every arena and every county, and are economical.”
But to him, what matters most is the company’s reputation.
“When I shake hands with someone or tell them something, my word is golden,” he told BusinessWest. “I get a real kick of out of helping people and enjoy solving problems. In the end, it’s not just a business. It’s what I believe in.”

It’s a Safe Bet

By BusinessWest Staff March 27, 2012

Environment and Engineering Sections

New OSHA Compliance Rules for Employers Are on the Way

Daniel W. Morton-Bentley

After years of deliberation, the U.S. Occupational Safety and Health Administration (OSHA) will soon release a rule requiring employers to develop a written injury and illness prevention program (IIPP). This requirement, already in place in several states, is a proactive measure designed to help employers find and fix hazards in the workplace.
The rule is also likely to include additional requirements, such as developing a system for communicating with employees and conducting employee trainings.
OSHA is the federal agency that administers the Occupational Safety and Health Act. OSHA’s duty is to ensure that workplaces are safe and free of hazards. To that end, it prescribes safety regulations and engages in site investigations. While these efforts have largely been remedial in nature, OSHA’s new rule represents a significant step toward preventative regulation.
Generally, IIPP programs require employers to develop, communicate, and carry out workplace injury-prevention plans. More than a dozen states have adopted such programs, including, most notably, California. Thirty-four states either require or encourage employers to adopt IIPPs (15 require them), and many large organizations have voluntarily done so. OSHA has identified six elements crucial to any IIPP program:
• Management leadership;
• Worker participation;
• Hazard identification and assessment;
• Hazard prevention and control;
• Education and training; and
• Program evaluation and improvement.
OSHA has not yet released a draft of its IIPP program, but it is likely that the federal program will resemble California’s influential program, first instituted in 1991. That state’s IIPP initiative requires that plans be in writing and satisfy the seven following criteria:
• Accountability (identifying the person(s) responsible for administering the program);
• Compliance (creating a system that recognizes compliant employees and requires regular training and retraining);
• Communication (ensuring employee awareness of the IIPP and developing a system for communicating with employees that informs them of their right to complain without fear of reprisal);
• Identification (identifying and evaluating workplace hazards, including scheduled periodic inspections);
• Investigation (implementing a procedure to investigate occupational injury or occupational illness);
• Methodology (developing methods and/or procedures for correcting unsafe or unhealthy conditions); and
• Instruction (providing training and instruction at specified times).
California’s law also contains exceptions for small employers. Businesses with fewer than 10 employees can satisfy the communication requirement by orally informing employees about potential hazards, and businesses with fewer than 20 employees are exempt from certain documentation requirements.
California’s IIPP plan also contemplates, but does not require, the establishment of a labor/management health and safety committee. If California employers have a labor/management committee that meets often enough and satisfies certain requirements, this satisfies the employer’s communication requirement. OSHA’s rule could include a similar provision, or mandate the creation of such a committee.
What will this rule mean for your business? If you don’t already have an IIPP, developing one will certainly cost time and money. But, despite these short-term costs, OSHA anticipates that the rule will produce savings in the long run. A study cited in a January 2012 OSHA white paper indicates that IIPP programs have consistently increased productivity, reduced costs, and improved both employee retention and morale.
The effect of OSHA’s proposed rule on small businesses deserves special note. This new requirement will be yet another legal hoop for small-business owners to leap through. However, as explained in the OSHA white paper noted above, the rule will likely be procedural and not mandate specific, quantifiable results. Therefore, small businesses must only develop a plan suited to meet the needs of their specific workplaces (which may be relatively simple).
Small businesses should also be aware of the effect of the Small Business Regulatory Enforcement Fairness Act (SBREFA). This law affords small businesses greater input into the regulatory process and eases the burden of enforcement and administrative penalties on small businesses.
When a proposed OSHA rule (such as this one) is expected to have a significant impact on small entities, OSHA initiates a consultation process with the Small Business Administration. A review panel is convened and considers comments from industry representatives. After this meeting, a written report is prepared and submitted to OSHA within 60 days. OSHA then reviews the report, incorporates suggestions, and publishes the rule in the Federal Register for public comment. OSHA’s IIPP rule will undergo this process shortly (it was delayed late last month).
Businesses will be able to weigh in on the IIPP rule. Small businesses may contact the U.S. Small Business Administration’s small-business ombudsman at (888) REG-FAIR in anticipation of, or during, the SBREFA review process. And once this process is complete and a final version of the rule is published in the Federal Register, any business (or interested member of the public) may submit written comments to OSHA during the rule’s notice and comment period.
OSHA has been pushing for a federal IIPP requirement for years, and it will likely be here before we know it. Businesses both small and large now have opportunities to offer their thoughts on the rule and to plan for what a written IIPP plan will mean for their organizations.

Daniel W. Morton-Bentley, Esq. specializes 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]

Down to Earth

By BusinessWest Staff March 27, 2012

Environment and Engineering Sections

A chart of the region’s environmental services firms

Click here to download PDF

Set in Stone

By BusinessWest Staff March 27, 2012

Capell says that, in many ways, the construction industry is more complex than it used to be, from added paperwork and compliance to safety measures and

Construction Sections

Chabot & Burnett Builds on Its Legacy in Masonry Construction

Kristin Capell says that, in many ways, the construction industry is more complex than it used to be, from added paperwork and compliance to safety measures and LEED certification.

Current president Kristin Capell remembered the first days of her tenure at the company her father and his business partner built, Chabot & Burnett Construction.
“When I got started 16 years ago, my father threw me into it and taught me everything,” she told BusinessWest. “I’d sit in a back room and learn how to estimate masonry. And dad had a grand plan. He and Dan knew when they wanted to retire, because they worked so hard their entire lives.”
Joe Chabot, her father, and Dan Burnett had started the company that bears their name in 1971, when both men were still in their teen years.
“They just did everything together from the start,” said Kristin. “They raced motorcycles, motocross, rode planes, but they were also workaholics, working 12-hour days.”
In an industry dominated by male ownership, Capell said that it is a mark of pride to be at the helm of a construction firm these days, especially one that has erected scores of brick and stone buildings, with project costs totaling in the tens of millions of dollars. But she is quick to point out that, while she is the president, two other partners have joined her in both ownership and leadership, and continue to help lay the foundation for of the area’s premier masonry-construction firms. Jim Carrier, current vice president, and Dan Burnett Jr. are both given equal credit for a business that enters its fifth decade with a rock-solid future before it.
While the economy has hit this niche of the construction sector as hard as every other trade, there have been strong signs of life for this style of structure that is built to last. The brick and stone edifices on college campuses have been a lifeline for this firm, Capell said. “For me in my career, higher education has been about 90% of our projects.”
During that time, the collective wisdom of the men who started the firm helped give Capell and her co-owners a good template for riding out the recession. While this sluggish economy dovetailed with the final days of Chabot and Burnett’s final years of succession, the pair offered advice as solid as a brick wall.
“But in comparison to other recessions, to them, this one was really ugly,” Capell noted. “It was unfortunate that it happened right at the year of their retirement. That big celebration of 40 years just wasn’t as celebratory as we might like.”
She and her partners took over the firm fully in April 2011, and with that lull just behind her, she said 2012 has a good book of work ahead, and that’s generating optimism.
When asked what her predecessors, enjoying their retirement in Florida for the winter, think about this year with $13 million of work on the books, she simply said, “they haven’t once even thought about coming back up to help out. If they were even slightly concerned at all, they would never have left.”

From the Ground Up
Capell said that masonry, and entrepreneurial spirit, were always in her father’s blood.
“My grandfather was a mason tender, and thus my father knew the trade from him,” she explained.
Chabot and Burnett were friends from high school, where they both attended Springfield Tech. Both men had taken jobs with construction firms as teens, and quickly proved themselves to be able masons.
“But they wanted to do it for themselves,” Capell said. “They knew each others’ skills, and they started originally by building chimneys to raise capital and to eventually support their payroll.”
When asked how two 19-year-olds could successfully build themselves a masonry-construction operation, Capell said solid word-of-mouth referrals built the business and enabled it to enjoy steady growth.
“All of the smaller general contractors in this area, Berneche, Fontaine … they just got to know the two from working with them, and took a risk and hired them — and then realized how good they were,” she continued. After one initial job which the two leveraged into a bank loan to create the company, the rest is history.
“There are probably five or six buildings in just about every town around here that we’ve built — from public schools to banks, tons of work at Smith College and Mount Holyoke College. We built most of the dorms at Western New England University.”
Amherst College is the site of many Chabot & Burnett projects, both administrative and residential, including a dormitory built entirely of granite. “For a while right before the recession, in 2006, 2007, it was a building boom. At the college, we just hopped from one building to the next,” she explained.
UMass Amherst has been a source of significant work for the company as well. Over the past decade, Chabot & Burnett has built the North Apartments, a five-story, four-building student residential complex; the Studio Art building designed by Graham Gund; and the first Integrated Science Building.
Looking back — and ahead — Capell acknowledged that the industry has changed from those early days.
“All the paperwork and all the compliance, safety, LEED … this is a totally different landscape from when Chabot and Burnett were building,” she explained. “They could just go out and build a good building.”

Ton of Bricks
Her father and his partner had put into effect a 10-year succession plan for Capell, Carrier, and Burnett Jr. to eventually take over the firm. During that time, the pair were actively involved in all facets of the company — toward the end, during the recession, even helping out with no compensation.
“They went out into the field again, too,” she said. “Here they were, at the age of 65, coming back into the office at the end of the day all scratched up. Anything they could do to help.”
During their own time, the two had seen their own share of economic expansions and deep recessions. And to Capell and her partners, they offered their own strategic advice.
“‘Put your head down,’ they would say,” she remembered. “‘Trim as much as you can while still keeping the business competitively strong.’ And I did. I got rid of cleaning people, kept a small workforce going.
“Also, I bid everything,” she continued. “I was bidding $500 projects. We did some of the tornado work, just to make sure there was a revenue stream continuing. I went after everything. We did go out of our traditional geographic range, taking a $4 million job in Worcester. Big jobs like that were few and far between. We looked at it, I knew where we had to be with numbers, and I knew I had to take something like that on. Maybe we didn’t make as much money as we historically had, back in the good days. But that’s what the recession did to everyone.”
Overall, Capell said, thanks to the lessons and inspiration provided by her father and Burnett, the company has done more than survive the recession. Indeed, it is on fairly solid footing, and with a number of jobs in progress and in the pipeline.
The new Easthampton High School, a LEED-certified structure, is on the books, and UMass Amherst continues to be a solid client; the firm is building the second of the new science buildings, along with the new UMass Honors College dormitories. Much like the expedited timeline of the North Apartments, built in an-unheard of nine months, this one has a ribbon-cutting date of Dec. 1. “And we haven’t started it yet,” she said with a smile.

Sunshine State
Down in Florida, lifelong friends Chabot and Burnett are now part of the company’s proud history, Capell said, and she’s pleased to report that this first full year of their retirement has been blissfully uneventful for them, from a business perspective.
“Since we took over, they have left us alone,” she said — perhaps the best compliment from the founders of a company who were wholly engaged in the business since they were young men.
“If I ever have a question, of course they will be happy to help,” she continued. Otherwise, “they don’t worry too much about what we’re doing here. They have confidence in us. But this will always their baby, and it was emotional for them in their final year to let go.
“They both live near each other down there,” she added. “They play golf and see each other almost every day. They’re still the best of friends.”
For the new leadership team, Capell and her partners take pride in carrying on the legacy created by the two men.
“I am very proud of the reputation we have,” she said. “When we’re hired on a job, they’re happy to have us. That’s right across the board from the architects to construction managers to the other trades. We offer a professional business, getting things done fast.
“My father and Danny’s reputations preceded them, and that is carried over to us now,” she added. “A company knows that, when they hire us, there’s a history of honesty, of standing behind everything we do, and that’s what I’m most proud of.”

PictureThis

By BusinessWest Staff March 13, 2012

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]

Outlook 2012

The Affiliated Chambers of Commerce of Greater Springfield staged Outlook 2012 on Feb. 27 at the MassMutual Center. The annual look at the issues impacting the local business community featured keynote speakers Michael Widmer, top, president of the Massachusetts Taxpayers Assoc., and U.S. Rep. Richard Neal.

Photos by Michael Epaul

Supporting At-risk Teens

The YMCA of Greater Springfield recently received a $50,000 grant from First Niagara Bank to support its Y-AIM (Achieve academically; Inspire to attend college; Move toward personal, family, and community advancement) program. The initiative works to provide talented, underachieving at-risk young people entering the ninth grade with a solid support system throughout all four years of high school. Together, the YMCAs of Greater Hartford and Greater Springfield are taking a regional approach to overcoming the obstacles young people face on the path to success. First Niagara has also pledged $50,000 to the YMCA of Greater Hartford to support its programming for at-risk teens. Pictured from left are Paul McCraven, senior vice president of Community Development for First Niagara; James O’S. Morton, president and CEO of the YMCA of Greater Hartford; Joe Shaw, first vice president and regional team leader of First Niagara Bank; Brandon Braxton, vice president of First Niagara Bank and corporate board member of the YMCA of Greater Springfield; Jim Ross, corporate board member of the YMCA of Greater Springfield; Kirk Smith, executive director of the YMCA of Greater Springfield; and Tom Creed, corporate board chair of the YMCA of Greater Springfield.

Community Giving

Monson Savings Bank President Steven Lowell presents Link to Libraries co-founder Susan Jaye-Kaplan with one of the 10 awards given to local organizations as part of the bank’s community-giving program. “It’s an honor to be recognized for work we do in the community and to be recognized by both Monson Savings Bank and the public,” said Jaye-Kaplan. “We truly feel privileged to do the work we do and thank Mr. Lowell and the Monson Savings Bank community.” Link to Libraries is a local, not-for-profit organization whose mission is to donate books to underserved youths in public elementary schools and nonprofit organizations in Western Mass. and Connecticut.

It’s Now the ‘Hospital of the Present’

Baystate Health recently opened the doors to the $296 million Hospital of the Future expansion, now known as the MassMutual Wing, which houses the Davis Family Heart and Vascular Center. At top, cardiac patient Siegfried Renner of Shelburne Falls, cuts a blue ribbon officially opening the new MassMutual Wing on March 2. Renner was assisted in his efforts by others with gold scissors, including, from left, U.S. Rep. Richard Neal; Dr. Mara Slawsky, director of the Heart Failure Program at Baystate; Marta Sokolowski, RN in the Davis Family Heart and Vascular Center; Mark Tolosky, president and CEO of Baystate Health; Richard Steele Jr., chair of the Baystate Health board of trustees; Heather Musselwhite, patient care technician in the Davis Family Heart and Vascular Center; and Springfield Mayor Domenic Sarno. Earler that week, BusinessWest took its own tour of facilities. Above, Dr. Kugelmass, chief of Cardiology (left), and Dr. Mark Hirko, chief of Vascular Surgery, show off one of the cardiac ICU rooms. At bottom is a view of the wing’s new ‘healing garden.’

There were several events leading up the dedication of the MasMutual Wing on Feb. 28 and the ribbon cutting on March 2. Among them were the Hearts Saving Hearts Gala for major donors to the campaign supporting the hospital’s expansion project on Feb. 25. Top, Dr. John Rousou, chief of Cardiac Surgery at Baystate Medical Center (left), and Dr. Gordon Josephson, chief operating officer for Baystate Medical Practices, enjoy a light moment. At second from top, couples (from left) Timothy Delaney and his wife, Katherine Putnam, who serves on the Baystate Health board of directors, and Dr. Laurie Gianturco, chair of the Department of Radiology at Baystate, and her husband, Neil Swinton. Baystate also held the Red Tie Physicians’ Gala on Feb. 26. Third from top, Dr. Richard Wait, chair of Baystate’s Department of Surgery (center), stands with BMC medical staff member Dr. John Egelhofer of Chestnut Medical Associates and his wife, Janet Egelhofer. At bottom, couples (from left) Mark Tolosky, president and CEO of Baystate Health, and his wife, Noreen Tolosky, with Dr. Ashequl Islam from Baystate’s Cardiology Division and his wife, Melissa Islam.

Court Dockets

By BusinessWest Staff March 13, 2012

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.

GREENFIELD DISTRICT COURT
Marcone Appliance Parts Co. v. Applianceman and James H. Mercier
Allegation: Non-payment of goods sold and delivered: $16,203.20
Filed: 12/15/11

HAMPDEN SUPERIOR COURT
Alexander Sierra v. Progressive Direct Insurance Co.
Allegation: Unfair and deceptive trade practices: $2 million
Filed: 12/29/11

Baystate Health Inc. v. Veritech Corp.
Allegation: Defendant breached agreements to market jointly developed multi-media instructional programs: $25,000+
Filed: 1/11/12

Cowles and Cowles, LLC v. R. Levesque Associates and Terrence R. Reynolds, P.E.
Allegation: Breach of contract: $300,000
Filed: 1/4/12

Donna J. Dowdall v. City of Holyoke, Alex Morse, and Adam Pudelko
Allegation: Breach of contract: $100,000
Filed: 1/9/12

Tyde Richards v. Steven Graziano, Media Realty, and Patient EDU, LLC
Allegation: Non-payment of a promissory note: $34,936
Filed: 1/20/12

Vanessa Cestero v. Century 21 Mortgage Inc. and PHH Mortgage Corp.
Allegation: Defendant failed to implement contracted loan modifications: $25,000+
Filed: 1/20/12

Weston McLain v. Springfield Towing and Robert Jones
Allegation: Breach of contract: $5,220
Filed: 1/9/12

PALMER DISTRICT COURT
Custom Security Inc. v. Akcess Biometric Corp.
Allegation: Plaintiff seeks reimbursement for monies that were prepaid to the defendant for services that were not provided: $16,102.32
Filed: 1/27/12

SPRINGFIELD DISTRICT COURT
Accu-Tech Corp. v. RF Communications Services Inc.
Allegation: Non-payment of goods sold and delivered: $11,213.97
Filed: 1/10/12

Liberty Mutual Insurance Co. v. Impact Carpentry Inc.
Allegation: Non-payment of a workers’ compensation policy: $20,554.05
Filed: 1/19/12

MVA Center for Rehabilitation v. Travelers of MA
Allegation: Denial of payment for necessary and reasonable medical bills: $5,391.83
Filed: 1/19/12

Paul’s Crane Service, LLC v. Statewide Mechanical Contracting Inc.
Allegation: Non-payment of services rendered and breach of contract: $5,204.88
Filed: 1/10/12

United Rentals Inc. v. Synergyone Solutions Inc. f/k/a/ Aircare Environmental Services Inc.
Allegation: Non-payment of materials, equipment, and services provided: $14,446.51
Filed: 1/9/12

Western Mass. Electric Co. v. Beloff Billiards Inc.
Allegation: Non-payment of utility services: $3,586.43
Filed: 1/9/12

Chamber Corners

By BusinessWest Staff March 13, 2012

Chamber Corners Departments

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

• March 14: ACCGS After 5, 5-7 p.m.
• March 14: Professional Women’s Chamber Up the Ladder: The Healthcare Business, 11:30 a.m.-1 p.m., MassMutual Room at the Basketball Hall of Fame, Springfield. Guest Speaker will be Susan Toner, vice president of Development, Baystate Health. Cost is $25 for members, $35 for non-members. Hosted by Max’s Tavern.
• March 21: ERC Board of Directors meeting, 8-9 a.m., the Gardens of Wilbraham Community Room, 2 Lodge Lane, Wilbraham.

Amherst Area
Chamber of Commerce
www.amherstarea.com
413-253-0700

• March 14: Chamber Breakfast, 7:15-9 a.m., at the the Courtyard by Marriott. Craig Melin, president and CEO of Cooley Dickinson Hospital, will will be the featured speaker. Sponsored by Cooley Dickinson Hospital and VNA & Hospice of Northampton. Cost is $5 for members, $10 for non-members.
• March 28: Margarita Madness, 5-7 p.m., at the Eric Carle Museum of Picture Book Art. The public is invited to this margarita-tasting event; guests can sample 12 margaritas and vote for their favorites. The cost is $25 per person, $40 per couple. Chamber members, $20 per person. Sponsored by MassLive.com, the Valley Advocate, Greenfield Savings Bank, Applewood at Amherst, Copycat Amherst, Encharter Insurance LLC, Hope & Feathers Framing, Johnny’s Tavern, Judie’s Restaurant, 30 Boltwood, Lit, the Pub, UMass Fine Arts Center, Your Promotional Consultant/NEPM, and more.

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

• March 21: March Salute Breakfast, 7:15-9 a.m. at the MassMutual Learning & Conference Center, 350 Memorial Dr., Chicopee. Tickets are $19 for members and $26 for non-members. Sign up online at www.chicopeechamber.org
• March 21: Table Top Expo & Business Networking Event, 4:30-7 p.m. at the Log Cabin Banquet & Meeting House, 500 Easthampton Road in Holyoke. Presented by the Chicopee, Greater Holyoke, Greater Easthampton, and Greater Northampton chambers of commerce. More than 175 exhibitors and 600 visitors are expected. Tickets are $5 pre-registered, $10 at the door. Sign up online at www.chicopeechamber.org

Franklin County
Chamber of Commerce
www.franklincc.org
(413) 773-5463

• March 23: Monthly Chamber Breakfast Series, 7:30-9 a.m., Greenfield Grille, Federal St., Greenfield. Theme: “Art and Business in Partnership: Fostering Our Local Economy.” The keynote speaker will be Peter Kageyama, authority on community development. Presenters: Meri Jenkins, Mass. Cultural Council; Matthew Glassman, Double Edge Theater; Dee Schneidman, New England Foundation for the Arts; and Erica Wheeler, Soulful Landscape Program. Tickets: $12 for members, $15 for non-members. Sponsored by Greenfield Savings Bank. This is followed by the Creative Economy Summit 3 in downtown Greenfield, March 23 and 24. Theme is “Art and Business in Partnership.” Admission is $35. Features practical workshops for two days, and many noted speakers and presenters; www.creativeeconomysummit.com

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

• March 16: St. Patrick’s Day Luncheon, noon-2 p.m., at the Clarion Hotel & Conference Center, One Atwood Dr., Northampton. Honored guest: Molly Bialecki, Distinguished Young Woman of Greater Easthampton. Sponsored by Easthampton Learning Foundation and Finck & Perras Insurance Agency. Tickets are $21.95 for members, $23.95 for non-members.
• March 21: 18th annual Table Top Exposition & Business Networking Event, 4:30-7 p.m, at the Log Cabin Banquet & Meeting House, 500 Easthampton Road, Holyoke. Presented by the Greater Easthampton, Chicopee, Greater Holyoke, and Greater Northampton chambers of commerce. Exhibitor table fee: $100 (must be a member). Contact participating chambers for more info. Attendee-only tickets: $5 in advance, $10 at the door.

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

• March 15: St. Patrick’s Salute Breakfast, 7:30 a.m., at the Log Cabin Banquet & Meeting House. Cost: $20.
• March 19: Checkpoint Legislative Luncheon, 11:30 a.m., at the Log Cabin Banquet & Meeting House. Presented by Chicopee, Greater Holyoke, and Greater Westfield chambers of Commerce. Keynote speaker will be U.S. Sen. Scott Brown. Sponsored by Charter Oak Insurance and Financial Services Co.; Associated Industries of Massachusetts; Sullivan, Hayes & Quinn, LLC; Columbia Gas of Massachusetts; Mestek Inc.; GZA Proactive by Design; and Westfield Bank. Cost: $35 for members of presenting chambers, $45 for non-members.
• March 21: Table Top Expo, 4:30-7 p.m. (March 28 snow date), at the Log Cabin Banquet & Meeting House. Presented by the Greater Holyoke, Chicopee, Greater Easthampton, and Greater Northampton chambers of commerce. Annual event with up to 180 exhibitors and 700 attendees. Tables (members of presenting chambers only) are $100. Attendee cost: $5 in advance, $10 at the door. For a list of sponsors, check the BusinessWest ad.

Greater Northampton
Chamber of Commerce
www.explorenorthampton.com
(413) 584-1900

• March 21: 18th Annual Table Top Exposition & Business Networking Event, 4:30-7 p.m., at the the Log Cabin Banquet and Meeting House, 500 Easthampton Road, Holyoke. Tickets are $5 in advance, $10 at the door.

Greater Westfield
Chamber of Commerce
www.westfieldbiz.org
(413) 568-1618

• March 16: Annual St. Patrick Day’s Breakfast, 7:15-9 a.m. at Westfield State University, 577 Western Ave., Westfield. Guest speaker will be George O’Brien, editor of BusinessWest Magazine. Entertainment by some of the Dan Kane Singers. Cost: $25 for chamber members, $30 for non-members. To reserve tickets, contact Carrie Dearing at (413) 568-1618 or [email protected]
• March 19: CheckPoint 2012 Annual Legislative Luncheon at the Log Cabin Banquet & Meeting House, 500 Easthampton Road, Holyoke. Keynote speaker is U.S. Sen. Scott Brown. A collaboration between the Greater Westfield, Chicopee, and Greater Holyoke chambers of commerce. Cost: $35 for chamber members, $45 for non-members. To reserve tickets, contact Carrie Dearing at (413) 568-1618 or [email protected]
• March 28: WestNet Plus One!, 5- 7 p.m. Come and network with fellow chamber members and meet new members and businesses in the area. Guest speaker will be Patrick Berry, president of the Westfield News. Hosted by PeoplesBank, 281 East Main St., Westfield. Cost: $10 for chamber members, $15 cash for non-members. Don’t forget your business cards! To register, contact Carrie Dearing at (413) 568-1618 or [email protected]
• March 31: 2012 Spring Southwick Economic Development Commission (EDC) Home & Business Show, 10 a.m.-3 p.m. at Southwick Town Hall, 454 College Highway. This tabletop exhibit of Southwick businesses is free to the public, and the EDC will be collecting non-perishable food items for the local food pantry. Several free seminars will be held. Visit www.southwickma.info for more information.

Young Professional Society of Greater Springfield
www.springfieldyps.com

• March 15: March Third Thursday Networking/Social Event, 5-7 p.m.,
the Still Bar & Grill, 858 Suffield St., Agawam. This event is, as always, free for YPS members and $10 for non-members, and will include food and a cash bar.

Agenda

By BusinessWest Staff March 13, 2012

Agenda Departments

‘Music for the Eyes’ Exhibition, Reception
Through April 7: The artwork of Preston Trombly, host of Sirius/XM Satellite Radio’s nationally broadcast Symphony Hall channel, titled “Music for the Eyes,” will be exhibited through April 7 at the Arno Maris Gallery in Ely Hall on the Westfield State University campus. An artist reception at the gallery is planned for Feb. 29 from 5:30 to 8 p.m. On March 7 at 9:30 a.m., Trombly will present a lecture on his work at the gallery titled “Confluence of Creativity: Similarities Between Composing Music and Making Visual Art.” Regular gallery hours are Tuesday through Friday from 2 to 5 p.m., Thursday from 2 to 7 p.m., and Saturday from 1 to 5 p.m. For more information, call (413) 572-4400 or visit www.westfield.ma.edu/galleries.

Women in Philanthropy Conference
March 13: Women in Philanthropy of Western Mass. will host a conference titled “Growing Philanthropy, New Visions, New Voices,” from 8 a.m. to 4 p.m. at the MassMutual Center, 1277 Main St., Springfield. The event features nationally known leaders in the field of fund development, and is appropriate for women and men who are seasoned professionals or newcomers to the field. Workshops will be led by Penelope Burk, author of Donor-Centered Fundraising; Phil Cubeta, chair in Philanthropy of the American College; and Karen Osborne, president of the Osborne Group. The keynote address, titled “New Leadership for a New Nonprofit Sector,” will be presented by Rosetta Thurman. In addition, sessions will be led by Diana McLain Smith, chief transformation officer of New Profit Inc.; Kristin Leutz and Katie Allan Zobel of the Community Foundation of Western Mass.; Phyllis Williams-Thompson of the Prematurity Campaign of the March of Dimes; Deborah Koch, director of grants at Springfield Technical Community College; Dennis Bidwell of Bidwell Advisors; and Joe Waters and Joanna MacDonald, co-authors of Cause Marketing for Dummies. For more conference details, visit www.wipwm.com. The cost of the conference, with an early discount, is $140. For more information, contact Carol Constant at (413) 222-1761 or [email protected].

Economics Conference
March 13: The Department of Economics at Western New England University in Springfield will host its ninth annual Jolicoeur Economics Conference from 9:30 a.m. to 12:20 p.m. in Sleith Hall Auditorium. “Economics of the 2012 Election” will be the topic of the event, which is free and open to the public. The conference will feature two sessions: “The Economy and the Great Recession,” from 9:30 to 10:20 a.m., and “The 99% and the 1%,” from 11 a.m. to 12:20 p.m. For more information, visit www.wne.edu.

Financing Your Business
March 16: The Mass. Small Business Development Center Network will host a lecture titled “Financing Your Business” from 9 to 11 a.m. at the Scibelli Enterprise Center, 1 Federal St., Springfield. Speakers will include Ray Milano of the U.S. Small Business Administration, Gary Besser of First Niagara Bank, and Christopher Sikes, director of Common Capital Inc. Topics include what lenders are looking for, SBA loan programs, new SBA programs, and venture capital and grants. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass. The cost is $40.

Pioneer Valley USO Gala
March 16: The Log Cabin on Easthampton Road in Holyoke will be the setting for the second annual dinner-dance gala of the Pioneer Valley USO. The featured speaker will be American Captain Richard Phillips, who offered himself as a hostage to save his crew from Somali pirates and was freed in a high-seas rescue by U.S. Navy SEALS. The gala theme will be “Proud to be an American.” A cocktail hour at 6 p.m. will be followed by the dinner program at 7. Heroes from each branch of the U.S. Armed Forces and top Pioneer Valley USO supporters will be honored. The Western Massachusetts All Stars Band, led by Joe Pereira, will provide the evening’s entertainment. Tickets are $45 per person and are available online at www.pioneervalleyuso.org or by calling (413) 557-3290. Tickets are limited. The mission of the Pioneer Valley USO is to “lift the spirits of America’s troops and their families.”

Difference Makers
March 22: BusinessWest will stage its Fourth Annual Difference Makers Celebration at the Log Cabin Banquet & Meeting House in Holyoke. The program recognizes area individuals and organizations that are truly making a difference in this region. This year’s honorees are:
• Donald and Charlie D’Amour, chairman/CEO and president/COO, respectively, of Big Y Foods;
• William Messner, president of Holyoke Community College;
• Majors Tom and Linda-Jo Perks, officers with the Springfield Corps of the Salvation Army;
• Bob Schwarz, executive vice president of Peter Pan Bus Lines; and
• The Women’s Fund of Western Massachusetts.
The awards ceremony will feature entertainment, butlered hors d’ oeuvres, and introductions of the winners. Tickets are $55 per person, with tables of 10 available. For more information or to order tickets, call (413) 781-8600, e-mail [email protected], or visit www.businesswest.com.

Women’s Leadership Conference
March 23: Keynote speakers Sister Helen Prejean, Marjora Carter, and Ashley Judd will share personal stories, as well as insightful advice and perspectives, during Bay Path College’s annual event at the MassMutual Center in downtown Springfield. The theme for the 7:30 a.m. to 4:30 p.m. event is “Lead with Compassion.” Prejean is a member of the Sisters of St. Joseph of Medaille and an anti-death penalty activist, while Carter, an eco-entrepreneur, is president of the Majora Carter Group, and Judd is a film and stage actor and human-rights activist. For more information on the conference or to register, visit www.baypathconference.com or call Briana Sitler, director of special programs, at (413) 565-1066.

Author Lecture
March 28: Internationally acclaimed author Tom Perrotta will read from his upcoming novel, The Leftovers, at 10:10 a.m. and 11:15 a.m. in Scibelli Hall Theater, as part of the Ovations series at Springfield Technical Community College. The talks are free and open to the public. Two of Perrotta’s books, Election and Little Children, have been made into movies, and five novels have been national bestsellers. For more information, call (413) 755-4233.

ADA, FMLA Workshop
March 29: Royal LLP, in conjunction with the Human Service Forum, will present a workshop at the Delaney House in Holyoke on the compliance issues involving the ADA and FMLA. The interactive workshop addresses some of the most common questions that upper management faces each day. Attendees will learn skills and strategies that can help reduce the risk of employment litigation. For more information on the 8:30 a.m. to noon event, contact Ann-Marie Marcil at (413) 586-2288 or visit www.humanserviceforum.org.

Not Just Business as Usual
April 5: Former NBA player and businessman Ulysses “Junior” Bridgeman will be the guest speaker at the Springfield Technical Community College Foundation’s third annual Not Just Business as Usual event at the Naismith Memorial Basketball Hall of Fame in Springfield. A cocktail and networking reception is planned from 5:30 to 7 p.m., followed by the dinner program from 7 to 9 p.m. Bridgeman spent most of his 12-year NBA career with the Milwaukee Bucks, but also played for the Los Angeles Lakers. He is the current franchise owner of more than 160 Wendy’s and 120 Chili’s restaurants. The event encourages local businesses to come together for an evening to network, learn from one another, and support student success. Funds from the event will provide students access to opportunities through scholarships, technology, and career direction to be successful future employees and citizens. “It’s a time to celebrate innovations, change, and our region’s success,” said STCC Foundation Interim Director Robert LePage. A variety of sponsorship opportunities are available, and individual tickets are $175 each. For more information, contact LePage at (413) 755-4477 or [email protected].

Constitution Café
April 10: Author and philosopher Christopher Phillips’ latest book, Constitution Café, draws on the nation’s rebellious past to incite meaningful change today. He proposes that Americans revise the Constitution every so often, not just to reflect the changing times, but to revive and perpetuate the original revolutionary spirit. He will present a free lecture at 8 p.m. in the dining hall at Blake Student Commons, on the Bay Path College campus, 588 Longmeadow St., Longmeadow. The lecture is part of the annual Kaleidoscope series. For more information, call (413) 565-1000 or visit www.baypath.edu.

Marketing Basics Seminar
April 11: The Mass. Small Business Development Center Network will host a lecture titled “Marketing Basics” from 3 to 5 p.m. at the Greater Northampton Chamber of Commerce, 99 Pleasant St., Northampton. Dianne Doherty of the MSBDC Network will present the workshop that will focus on the basic disciplines of marketing, beginning with research (primary, secondary, qualitative, and quantitative). For more information, call (413) 737-6712 or visit www.msbdc.org/wmass. The cost is $40.

Slam Poet Lecture
April 13: Taylor Mali, a former high-school teacher who has emerged from the slam-poetry movement as one of its leaders, will discuss his performances at 10:10 a.m. and 11:15 a.m. in Scibelli Hall Theater, as part of the Ovations series at Springfield Technical Community College. The talks are free and open to the public. For more information, call (413) 755-4233.

Comedy Night to
Benefit Charities
April 21: Smith & Wesson Corp. will host a benefit comedy show to support two local children’s charities, the Shriners Hospitals for Children and the Ronald McDonald House, beginning at 6 p.m. at the Cedars Banquet Hall, 419 Island Pond Road, Springfield. Tickets are $30 per person, and include the show, hot and cold hors d’oeuvres prior to the show, a cash bar, raffles, fund-raising, games, and music. Teddie Barrett of Teddie B. Comedy will emcee the event, featuring professional comedians Bill Campbell, Dan Crohn, and Stacy Yannetty Pema. For tickets or more information, contact Phyllis Settembro, Smith & Wesson, (413) 747-3597; Karen Motyka, Shriners Hospital, (413) 787-2032; or Jennifer Putnam, Ronald McDonald House, (413) 794-5683.

Walk of Champions
May 6: The Goodnough Dike area of the Quabbin Reservoir will be the setting for the seventh annual Walk of Champions in Ware. Participants walk in honor or in memory of loved ones affected by cancer, with the determination to make a difference in those affected by the disease. The event offers a five-mile or two-mile walk, with entertainment and refreshments along the route. For more information, visit www.baystatehealth.org/woc or e-mail Michelle Graci, manager of fund-raising events at Baystate Health at [email protected].

Small-business Seminar
May 16: Local business owners will talk about what they have done to keep ahead of the many demands on their time, and at the same time adjust for the economic environment, during a workshop titled “Adapt, Diversify, Reinvent & Grow” at the Scibelli Enterprise Center, 1 Federal St., Springfield. Presenters include Paul DiGrigoli of Digrigoli Salon & School of Cosmetology; Tara Tetreault of Jackson & Connor; Kate Vishnyakov of Kate Gray Inc.; and Rick Ricard of Larien Products. The 9 to 11 a.m. session is sponsored by the Mass. Small Business Development Center Network. The cost is $40. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass.

Management Fundamentals Workshop
May 24: Lyne Kendall of the Mass. Small Business Development Center Network will present “Business Plan Basics” from 9:30 a.m. to 12:30 p.m. at Amherst Town Hall, first floor meeting room, 4 Boltwood Walk. The workshop will focus on management fundamentals from startup considerations through business-plan development. Topics will include financing, marketing, and business planning. The cost is $40. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass.

40 Under Forty
June 21: BusinessWest will present its sixth class of regional rising stars at its annual 40 Under Forty gala at the Log Cabin Banquet & Meeting House in Holyoke. Nominations are currently being scored by a panel of five judges. The 40 highest scorers will be feted at the June 21 gala, which will feature music, lavish food stations, and introductions of the winners. Tickets are $60 per person, with tables of 10 available. Early registration is advised, as seating is limited. For more information, call (413) 781-8600, ext. 100, or visit www.businesswest.com.

Western Mass.
Business Expo
Oct. 11: BusinessWest will again present the Western Mass. Business Expo. The event, which made its debut last fall at the MassMutual Center in downtown Springfield, will feature more than 180 exhibitors, seminars, special presentations, breakfast and lunch programs, and the year’s most extensive networking opportunity. Comcast Business Class will again be the presenting sponsor of the event. Details, including breakfast and lunch agendas, seminar topics, and featured speakers, will be printed in the pages of BusinessWest over the coming months. For more information or to purchase a booth, call (413) 781-8600, or e-mail [email protected], or visit www.wmbexpo.com.

Company Notebook

By BusinessWest Staff March 13, 2012

Company Notebook Departments

First Niagara Invests $50,000 to Support
At-risk Teens
SPRINGFIELD — The YMCA of Greater Springfield and the YMCA of Greater Hartford have received $50,000 grants from First Niagara Bank to support their Y-AIM Programs. Y-AIM (Achieve academically; Inspire to attend college; Move toward personal, family, and community advancement) works to provide talented, underachieving at-risk youths entering the ninth grade with a solid support system throughout all four years of high school. The YMCAs are taking a regional approach to overcoming the obstacles young people face on the path to success. “Business partners in our region have long supported the mission of the YMCA — particularly our work with teens,” said Kirk Smith, president and CEO of the YMCA of Greater Springfield. “First Niagara and its employees have given thousands of volunteer service hours to young people throughout the Northeast, and they are making the Hartford/Springfield region a better place for kids and families. We are grateful for their forward-thinking approach of addressing these vital needs on a regional basis.”

Hampden Bancorp Feted by Boston Club for Women on Board of Directors
SPRINGFIELD — Hampden Bancorp, the parent company of Hampden Bank, was recently recognized by the Boston Club as one of the leading New England companies having two or more women serving on its board of directors. This recognition, reserved for those organizations dedicated to the advancement of women to top leadership positions, was presented at the club’s annual Corporate Salute in Marblehead. “We are especially proud of this recognition in that it confirms what we have always believed — that leadership is leadership regardless of gender,” said Glenn Welch, president and COO of Hampden Bank and board member of Hampden Bancorp Inc. “We are also extremely proud of the women who serve in key leadership positions, including our senior management team and throughout our entire organization.” Hampden Bancorp has 11 members on its board of directors, including Judith Kennedy; Kathleen O’Brien Moore; Arlene Putnam; Mary Ellen Scott; Linda Silva Thompson; Thomas Burton, vice chair; Richard Kos; Stanley Kowalski Jr.; Richard Suski; Welch; and Stuart Young Jr., chairman of the board. The Boston Club is one of the largest communities of women executives and professional leaders in the Northeast. Its goal is to impel the advancement of women to top leadership positions.

Link to Libraries
Receives Award from Monson Savings
MONSON — Link to Libraries was among the top 10 organizations recently recognized by Monson Savings Bank through its community-giving program. More than 65 organizations doing community-service work participated in the voting, and Link to Libraries came in as one of the top 10 organizations honored by public vote. “It is an honor to be recognized for work we do in the community and to be recognized by both Monson Savings Bank and the public,” said Susan Jaye-Kaplan, Link to Libraries co-founder. “We truly feel privileged to do the work we do and thank Steven Lowell and the Monson Savings Bank community.” Lowell, president of Monson Savings Bank, made the recent presentation to Jaye-Kaplan. Link to Libraries is a local, not-for-profit organization whose mission is to donate books to underserved youth in public elementary schools and nonprofit organizations in Western Mass. and Connecticut. For more information, visit www.linktolibraries.org or call (413) 224-1031.

Stevens 470 Updates Marketing Strategies
for Arbors Kids
WESTFIELD — Stevens 470 recently developed advertising and marketing materials for the Arbors Kids, a family-owned business that offers child-care services, summer camps, and before- and afterschool programs. The Arbors Kids also recently opened an additional child-care center in East Longmeadow. The project also included a brand update, with new collateral and information sheets for every Arbors Kids location. Stevens 470 also designed and built a new Web site that reflects the wide range of child-care services offered by the Arbors Kids. The new Web site is easy to navigate and built on a content-management system that allows the Arbors Kids to edit and create its own content, as well as update and manage pages. The Web site also features responsive design that will change in appearance to fit the viewer’s screen size (computer, tablet, or smartphone) for maximum readability. For more information on the Arbors Kids, visit www.arborskids.com.

Students Plan
Globetrotting Excursions During Spring Vacation
WILBRAHAM — Many students at Wilbraham & Monson Academy will travel the globe on school-sponsored trips that include India, England, and Italy during the school’s March vacation. Trips are offered to provide students with a deeper understanding of the places, people, and cultures they study at the academy. Students traveling to India will spend the school’s traditional spring vacation learning about the economic shifts within the world’s largest democracy and the diversity of religions that coexist in the subcontinent. Students traveling to England will be housed at Plymouth College, a boarding school where they will be immersed in British boarding-school life. Additionally, the group will spend time visiting historical sites in the south of England as well as London. In Italy, students will explore some of the most remarkable contributions to Western art and design from Italian culture, ranging from the ancient Romans to modern designers. Before each trip, students are given selected readings that will prepare them for the sites they will visit and give them appropriate cultural, historic, and political information about the country.

Briefcase

By BusinessWest Staff March 13, 2012

Briefcase Departments

Federal Budget Cuts Would Impact Bay State
BOSTON — With a precarious economic recovery to preserve, currently mandated federal spending cuts of $1.2 trillion over the next 10 years are set to begin in 2013. The Budget Control Act of 2011 requires that these cuts be split equally between defense and non-defense programs, and they include reductions to Medicare and other mandatory spending programs. Assuming that the cuts will be enacted in accordance with the Budget Control Act, MassBenchmarks used REMI, a forecasting and comprehensive economic tool that answers ‘what-if’ questions about the state’s economy, to estimate the potential impact the cuts would have in Massachusetts. MassBenchmarks is published by the UMass Donahue Institute in cooperation with the Federal Reserve Bank of Boston. The Donahue Institute is the public-service, outreach, and economic-development unit of the UMass Office of the President. While Massachusetts relies heavily on federal defense spending, other leading industries would also be substantially affected, including professional and technical services, health care, and social assistance, resulting in approximately 52,000 jobs lost, according to the study. The types of jobs expected to be lost range widely, but on average they require higher levels of educational attainment and are high-paying with benefits. Significantly, they are within the sectors that have allowed the Massachusetts economy to outperform the nation in recent years, a fact that underscores the stakes for the Bay State in ongoing federal budget debates, according to Dr. Martin Romitti, MassBenchmarks managing editor and director of economic and public policy. “A reduction in state employment of 52,000 is more than 20% larger than the entire net increase in employment the Commonwealth experienced during 2011, when net job growth was an estimated 40,500,” said Romitti. “The pattern of these job losses strike at the very heart of the Massachusetts innovation economy. In addition to the 10,000+ federal civilian and military jobs that our model estimates would be lost, other leading industries would be substantially affected.” The study estimates that professional and technical services would experience a loss of nearly 10,000, health care and social assistance would lose more than 6,000. “What is not captured fully by these numbers is the collateral damage the cuts could trigger,” Romitti continued. “There is no way to conjecture what future innovations would be lost without the support to the state’s high-technology sector provided by federal dollars. A large number of important inventions and innovations in modern times can be traced to federal support of research and development.” Dr. Robert Nakosteen, MassBenchmarks executive editor and professor of Economics at UMass Amherst, echoed those sentiments. “These clusters require a critical mass of activity to thrive, and large federal budget cuts threaten this diverse community of firms,” he said. “These budget and job cuts are not inevitable. Congress and the president could finally agree on a grand bargain to rationalize budget cuts and combine them with revenue increases. The allocation of cuts could also be very different than our assumptions in making these estimates, which are based on the sequestration rules and past patterns of sector-specific expenditures in Massachusetts. It is possible, for instance … that a leaner military could depend on more high-technology support systems, favoring the state’s comparative advantage.”

Report: Bank Customer Switching Rates Rise Again
WESTLAKE VILLAGE, Calif. — Consumer backlash against bank fees, coupled with poor service and unmet customer expectations, has fueled increases in defection rates among customers of large, regional, and midsize banks, according to the J.D. Power and Associates 2012 U.S. Bank Customer Switching and Acquisition Study recently released. On the heels of Bank Transfer Day on Nov. 5, 2011, the beneficiaries of the accelerated exodus from larger banks are primarily smaller banks and credit unions. Acquisition of new customers by smaller banks and credit unions has increased by 2.2 percentage points to an average of 10.3% in 2012 from 8.1% in 2011. Among big banks, regional banks, and midsize banks, switching rates average between 10% and 11.3%, while the defection rate for small banks and credit unions averages only 0.9%, a significant drop from 8.8% in 2011. The study, which examines the bank shopping and selection process, finds that 9.6% of customers in 2012 indicate they switched their primary banking institution during the past year to a new provider. This is up from 8.7% in 2011 and 7.7% in 2010. The study finds that, not unexpectedly, fees are the main reason customers shop for a new primary bank. In particular, one-third of customers of big and large regional banks cite fees as the main shopping trigger. “When banks announce the implementation of new fees, public reaction can be quite volatile and result in customers voting with their feet,” said Michael Beird, director of the banking services practice at J.D. Power and Associates. However, according to Beird, customers weigh the price they pay against the value of their experience. “It is apparent that new or increased fees are the proverbial straws that break the camel’s back,” said Beird. “Service experiences that fall below customer expectations are a powerful influencer that primes customers for switching once a subsequent event gives them a final reason to defect. Regardless of bank size, more than one-half of all customers who said fees were the main reason to shop for another bank also indicated that their prior bank provided poor service.” In capturing customers who are shopping for a new bank, several of the more successful banks achieve higher acquisition rates through the use of promotions and cash incentives. Nearly 20% of customers indicate these promotions were the reason they selected their new bank. However, according to Beird, doing a good job for customers is not just about dollars, but also about loyalty and retention. “Only 32% of customers who selected a new bank because of promotional offerings said they definitely would not switch banks again in the next 12 months,” he said. “In comparison, 46% to 51% of customers who chose the new bank because of either good service experience or positive recommendations say they definitely will not leave within the next year.”

Students Protest Community-college
Board Consolidation
HOLYOKE — Occupy Holyoke Community College (OHCC) facilitated a campus-wide student walkout at the college on March 1 as part of a nationwide day of student action. The event took place on the plaza and featured speakers, music, and a speak-out. It was noted that students “are deeply concerned with Gov. Deval Patrick’s plan to consolidate the community-college boards of Massachusetts.” Speakers cited research that indicates that the student voice has been shut out of this decision. Overall, students felt “disheartened” that Patrick would target a plan for workforce development at schools that serve a diverse student population that includes low-income and non-traditional students. Protest organizers noted that a petition circulated that day stated that students will not allow the campus to become a location “simply used for job training.” The petition will be delivered to Patrick’s office in the coming weeks.

Incorporations

By BusinessWest Staff March 13, 2012

Departments Incorporations

New business incorporations were not available at press time. They will be published in the next issue of BusinessWest.

Undercover Assessments

By BusinessWest Staff March 13, 2012

Columns Sections

When Companies Want to Know What’s Really Going On

You have likely seen the CBS television show Undercover Boss, where the chief executive officer and/or family owner of a large corporation goes undercover in their own company.
They pose as a new employee or trainee and spend one day with each of three or four different employees. Of course, the employees don’t know the $10-per-hour trainee is the CEO of the company, so they dish out personal stories, share complaints about the company, and even share ways they shortcut the company. The boss comes away from the experience suitably charmed by some, but almost always flabbergasted by what is really going on in their company day to day.
Doing an undercover assessment is a great idea, and can really improve your company whether you do it yourself or hire someone. But I can tell you from experience that what you see on television is only part of the story. Our firm has been providing this service for years to companies under 200 employees where everyone knows the boss. We go undercover as an employee, trainee, temp, or whatever the owner is comfortable with, and real life is a little different.
Like all good TV, things get edited. In the case of prime-time TV, all the boring stuff and dead time gets cut, and so does some really good stuff. In the real world, doing an undercover assessment is a little like surveillance. Actually, it’s a lot like surveillance. You watch and listen to a whole lot of nothing for what seems like forever, and then, suddenly, you witness something big.
As an undercover employee, you train with co-workers, hang out at the water cooler, go to meetings, and start to make friends. You typically learn a few things right away that help the company. But for the most part, it can stay pretty benign for weeks or even months. The reason varies, depending on the size of the company. For smaller companies, people are more cautious of what they say and do ‘outside the family’ and can maintain formality for quite some time. Small companies just tend to be too tightly knit for anyone to give dirt to a stranger right away or let them see the family’s dysfunction.
Three to six months is a magic time frame when people start to get tired of faking who they really are day to day. The bigger the company, the more likely there exist employees who feel removed enough that they never fake formality and always act and speak freely, but in a bigger company, you have to find them.
So now you know that real-life undercover assessments can be significantly longer and much duller than on television. But in real-life assessments, we also see some very serious issues that might be too much for television or too embarrassing for the CEO to publicly share. Of course, for our clients, it stays between the boss and the consultant.
Over the years, we have learned about various seedy activities performed by employees. We have seen employees engage in immoral behavior while requiring subordinates to watch guard. We have seen the most respected member of a management team threaten and assault the employees of an entire department as part of their natural management style. We have seen groups of employees in one department band together to undermine another department. We have seen employees purposely provide poor service to customers they didn’t like and brag with a sense of accomplishment after chasing them away. Extreme? Yes, but more common than you think.
On the less dramatic, but just as damaging, side are the bookkeepers who really don’t know how to keep the books, employees who get angry about the boss’s new car and retaliate by lowering their productivity, and the snoops who go through the boss’s desk and computer when alone and then brag about it. The part that should surprise and shock you the most is that the overwhelming majority of these examples involve the longest-term and most-trusted employees.
Why the long-term employees and not the new employees? The new ones can certainly pull some doozies, but they can’t get away with such nonsense for long. They haven’t been there long enough to have the support and/or fear of the other employees. They do something wrong, and the current employees sell them out.
Finding and correcting the issues above can have a huge impact on your organization. It can help avoid lawsuits, improve morale, and make the whole company more productive. But we find many issues that are far less dramatic, yet equally important, like inefficiencies, safety issues, and potential breaches in data security.
We always find improvement opportunities that increase the bottom line, and that is the true value of the undercover assignment, whether it’s real life or television.

Eric Egeland is the president of Capacity Consulting Inc., which provides strategic consulting for multiple industries, including insurance, real estate, education, energy, and Internet. He has personally created 10 successful startups, including seven insurance groups, and has consulted on hundreds of projects, closures, startups, plans, assessments, turnarounds, and reorganizations; [email protected]

Minimize and Manage Risk

By BusinessWest Staff March 13, 2012

Columns Sections

Use Non-disclosure Agreements to Keep Things Confidential

Dawn McDonald

Practically every business hires independent contractors. But rarely do they obtain non-disclosure agreements prior to disclosing information to the contractors.
If you hired a third party to develop your Web site, did you require an NDA before discussing your business procedures or methods? If you invented a new product or business process, did you obtain a NDA from manufacturers or distributors before discussions began? While this seems like common sense, most businesses fail to recognize this important protection.
A non-disclosure agreement is a legal contract between at least two parties that outlines confidential material, knowledge, or information that is to be shared between the parties, while one or both wish to restrict access to the data by third parties. The non-disclosure agreement is a contract creating a confidential relationship between parties to protect any type of proprietary information.
NDAs are often used when two or more entities are considering doing business and need to understand the processes used by the other for purposes of evaluating the business relationship. Employment contracts will often include a non-disclosure agreement clause restricting the use and dissemination of confidential, company-owned information.
Non-disclosure agreements may also contain clauses that protect the person receiving the information so that, if they lawfully receive the information through other sources, they would not be obligated to keep the information secret. The NDA typically requires the receiving party to maintain the information in confidence when the information was supplied directly by the disclosing party named in the agreement.
Many agreements are unilateral or directional NDAs. This would be used when only one party is disclosing information which is to remain confidential and requires that the other party not use the disclosed information without compensating the discloser. Another common type of non-disclosure agreement is a mutual agreement where both entities intend to disclose information that should remain confidential.
Just because a document or clause is titled ‘non-disclosure agreement’ does not mean it provides you with the appropriate level of protection. A non-disclosure agreement can protect any type of information that is not commonly or publicly known and may be very detailed; however, agreements generally address the following basic issues:
•Parties to the agreement;
•Definition of information to be held confidential;
•Time period of the confidentiality;
•Term the agreement is binding;
•Exclusions, if any, from the agreement; and
•Types of permissible disclosure, such as those required by law or court order.
Unless they can provide a compelling reason for their refusal, warning lights should go off if a party refuses to sign a non-disclosure agreement. Analyze the business relationship and the deal itself and consider whether you should walk away in the event one party refuses to sign.
To minimize and manage your risk, obtaining non-disclosure agreements should become a standard practice for your business. Do not expose your business secrets to others without this protection.

Dawn D. McDonald is an associate with Cooley, Shrair P.C., focusing her practice on assisting clients in the areas of commercial litigation and labor and employment law; (413) 735-8045; [email protected]

Finance

By BusinessWest Staff March 13, 2012

Columns Sections

Six Tax Tips to Enhance Your Growth Strategy

If you’re a business owner, then you know how challenging it is to maintain your profitability in these tough economic times, let alone grow your business. Therefore, it’s critical to ensure you have the right resources, team, and business partners who not only support you, but also truly understand your business … from all angles.
Every business owner should have an accountant whom they can rely on to support their business’ challenges and provide timely and appropriate advice. Your accountants should be more than just advisers whom you speak with during tax season. They should serve as your business partners, helping you with financial and operational strategies and supporting your objectives for profitability.
Business owners should communicate with their accountants throughout the year to ensure they are taking advantage of all eligible government subsidies, basically tax breaks, that are relevant to the company. These are designed to support investments in capital assets as well as every organization’s most valued resource: its people. The following tips are designed to help decrease risk and improve profitability.

1. Review all expenditures made in 2011 to see if they qualify for the business-property-expensing option. The generous dollar ceilings that applied until Dec. 31, 2011 for both Sec. 179 and 100% bonus depreciation expensing allowed many businesses to deduct most, if not all, of their outlays for machinery and equipment.

2. Next, review your eligibility for the following credits:
• Employee retention tax credit of $1,000 for each eligible new employee whom you have retained for at least 52 consecutive weeks;
• Small-employer health-insurance credit of 35% of your non-elective contributions to your employees’ health insurance; and
• Research and development tax credits, including certain costs incurred in the creation of a Web site. This can be a very lucrative tax credit, which is often overlooked in businesses, especially in industries not commonly affiliated with research and development.

3. Did you take advantage of alternative fuel and energy credits? There are a variety of options, and it’s important to speak directly with your accountants to confirm if you qualify for any of these credits.

4. It’s important to substantiate and retain documentation for all of your deductible business expenses, particularly meals, entertainment, and automobile mileage. The IRS is auditing small businesses with a particular focus on disproportionate meals and entertainment as well as automobile expenses. Review your expense-tracking system with your accountant for compliance with these requirements.

5. Meet with your accountant to review the status and classification of all independent contractors. Some might need to be classified as employees and receive W-2 forms rather than 1099s.

6. Evaluate your options with an existing retirement plan or consider setting one up beginning in 2012 to maximize your benefits and theirs.

During every growth stage in a company, it’s extremely important to manage your liquidity. Therefore, this is the perfect time to establish a budget for 2012 to accurately forecast the funds needed to run your business. Cash flow is the lifeblood of every organization, so ensure that yours is healthy.

Robert F. Gorton is a shareholder and CPA at Waldron Rand. He has more than 20 years of experience providing assurance, tax compliance, and business-advisory services to privately held companies in varying industries. He works closely with each client’s management team to implement short- and long-term business, financial, and tax plans to ensure success. He is skilled in the area of mergers and acquisitions and has counseled many clients on due diligence, negotiations, and integration activities. He is certified in financial forensics and has significant experience in litigation, accounting and auditing, and investigative analysis; [email protected]

Gender Gap

By BusinessWest Staff March 13, 2012

Features

Women Lag Behind Men in Attaining Leadership Roles and Financial Parity

Elaine Sarsynski says women believe meritocracy exists, and they will be recognized for their efforts without having to call attention to themselves. But she thinks this is a false perception.

It’s been decades since female Baby Boomers took to the workplace demanding equal wages for equal work. And although women have indeed come a long way, gross inequities still exist in terms of the status they have achieved in economic and leadership realms.
“There is still a stark difference between the earning potential of women and men,” said Elaine Sarsynski, executive vice president for MassMutual’s Retirement Services Division and CEO of MassMutual International. “Even though women make up almost 50% of the workforce today and hold almost 52% of managerial positions in professional occupations, as you start to go up the pyramid, the real issues begin. Today, there are 17 female CEOs in Fortune 500 companies, which is only 3.6%. And when you include Fortune 1000 companies, you are still looking at only 35 female CEOs.”
Other statistics mirror this lack of parity. In 2010, females who worked full-time made 77 cents for every dollar earned by men, according to the Institute for Women’s Policy Research. The inequity often starts from the time they are hired, and a difference of $3,000 in starting salaries between a man and woman is significant.
“It translates into hundreds of thousands of dollars when you factor in retirement, promotions, and bonuses,” said Kristine Barnett, assistant dean of the College of Arts and Sciences and director of the WELL (Women as Empowered Learners and Leaders) campus theme program at Bay Path College in Longmeadow.
Women also haven’t fared well in the political arena. A recent United Nations report shows the U.S. ranks 75th among the world’s countries in terms of the percentage of women in political office. “We are behind Indonesia, Bosnia, and the Dominican Republic,” said Carla Oleska, CEO of the Women’s Fund in Easthampton, adding that Sweden, South Africa, Cuba, and Iceland are in the forefront.

Kate Kane says that advancing to the top levels of many businesses requires a certain amount of personal sacrifice.

Meanwhile, Kate Kane, managing director of Northwestern Mutual Life Insurance in Springfield, says the world of finance is also male-dominated. “I don’t see many women running financial-service field operations,” she told BusinessWest. “I think roadblocks still exist due to the reality of what it takes to be at the top level in any corporation or sales organization; if you want to be in a C suite, there is a certain amount of personal sacrifice that goes with it. The expectation is that you will give your life to your career.”
Many women are not willing or able to do this, but those who do seek such positions face real roadblocks on the path to success. Experts say the reasons are complex and range from ongoing gender conditioning to embedded corporate patriarchal systems, along with myriad other issues, including women’s denial that inequality still exists.

But the combination of these factors means that a woman’s best efforts may not result in success. A recent survey conducted by Catalyst Inc. shows that, when women did all of the things they were told would help them get ahead and used the same tactics as men, they still advanced less rapidly and profoundly than their male counterparts and had slower increases in pay growth.
However, initiatives to help women succeed are beginning to gain force, such as Vision 2020, which has 102 delegates from the across the nation who have united with the goal of advancing women’s equality by the year 2020. Measures they have adopted include raising awareness, developing shared leadership, and creating opportunities for success for future generations.
“Women want to become executive leaders and have the talent, capability, and wisdom to do so, but ultimately the system forces them to make decisions that do not complement their lives; if you want to become a partner in a law firm, do you spend 70 hours a week at work and put off having children?” Oleska said, citing a host of situations women face that include dealing with aging parents, as this responsibility frequently falls on them.
“There is a lot at stake when women consider whether they will pursue a position in executive leadership. The expectations for a CEO do not allow for a healthy work/life balance, and some women don’t want to be out seven nights a week,” she continued. “But as we continue to build a critical mass of women executives, we will see some of these systems change.”

Work in Progress?
Gender differences are inherent in every workplace, and even though some things are real and others are a matter of perception, they create problems for women trying to climb the corporate ladder.
Sarsynski believes part of the reason so few women achieve the coveted C office is because decisions in succession management are often made by male-dominated boards of directors, which, she says, tend to be biased against women. “But women-owned businesses employ 35% more people than all Fortune 500 companies combined, and 40% of all U.S. businesses are owned by women,” she continued, “so the idea that women don’t make good managers just doesn’t hold up.”

Kristine Barnett says women are more uncomfortable than men when it comes to promoting and negotiating for themselves in the workplace.

Still, Barnett says standards for men and women are very different.
“Men are promoted on potential, while women are promoted only after they have demonstrated competence and results,” she opined. “So men come to the workforce with a different attitude; they feel very capable and don’t have to prove themselves the way women do.”
Experts tell women who want to attain high-ranking positions to find mentors and executive sponsors who can help them advance their careers. “They also need to have clear conversations with their managers about how they can achieve additional competencies, and be very vocal about where they want to go in their careers,” Sarsynski said. “It’s important for a woman to find her voice. There is absolutely no doubt in my mind that women are every bit as competent as men and are often superior leaders, but they need to become more focused and communicate during critical conversations with decision makers.”
Effort and initiative are additional factors in success, and ambitious women need to become knowledgeable about every nuance of the business line they are interested in, she went on. And it’s also critical for them to take risks in groups, where their knowledge can stand out. In fact, learning effective communication skills and putting them to use during presentations and discussions is an essential component in moving up the corporate ladder.
Sarsynski says women think meritocracy exists, and they will be recognized for their efforts without having to call attention to themselves. But, she argued, this is a false perception, adding that women need to learn to promote themselves and their accomplishments in the way men have done for generations. But this isn’t easy, because touting their success runs counter to the socialization process.
“Women tend to embrace teamwork,” she noted. “They want to make sure the members of their team receive recognition, and tend to be quieter about self-promotion. They also tend to take the blame if there is a problem with a project, whereas men tend to self-promote and leverage the power of their relationships.”
Barnett agrees. “Women are socialized to be more compliant and sensitive to the feelings of others; they are taught not to boast, as it is seen as unattractive, whereas men are socialized to compete in healthy ways and be direct about what they need,” she said, adding that, since women don’t negotiate well for themselves, if a woman and man with the same credentials compete for the same job, the man is likely to negotiate a higher salary.
“Men are more comfortable negotiating; they are socialized to know their self-worth and believe in it, where women are socialized into minimizing their self-worth and not leading with it,” Barnett continued. “A woman will be happy just to be offered the job, while a man will say, ‘I am worth more.’ And companies know the game.”

Carla Oleska says workplace paradigms often make it difficult for women to achieve their career goals.

Expectations are also tempered because women with children are realistic about the number of hours they can devote solely to work, said Oleska, noting that Oprah Winfrey is one of many high-profile women who made the decision not to have children because it would interfere with her career.
Kane agrees, and says the added responsibility can compete with success at work. “The biggest problem is that, 90% of the time, women still are the primary caretakers of children, and if they are sick or if the women have older relatives or parents who need help, that also falls on them.”
In the past, women have made attempts to change the perception of the game, but found it didn’t work well. One attempt came during the 1980s, when many women broke through what was known as the glass ceiling by emulating a man’s style. In addition to adopting more assertive behavior, their dress code was dominated by business suits with large shoulder pads that Barnett said were meant to mirror a man’s physique.
“They thought it would make them more successful,” she said. “But there was a backlash, as men realized that emulating their style didn’t change anything; they had a figurehead, not someone who was going to change the culture.”

New Ideas
Kane says women in executive positions today face myriad issues in regard to change in their workplace.
“I’m always aware of the fact that I am one of the few who has gotten to the level I have attained. There is a sense of pride, but I also think about whether I should be crusading for wholesale change,” she said, adding it can be problematic because those who change a culture risk doing away with elements that work well. “But you do want to embrace new perspectives, thought processes, and talents that could make it even better. It is an incredibly nuanced and difficult issue.”
Oleska has a small staff, and says the Women’s Fund makes it a priority to model how work and motherhood can coexist by allowing employees to work from home if their children have snow days or are sick. “We try to take the system here and make it work for women’s lives, not against them. Some companies have made wonderful strides and are family-friendly. And when that happens, ultimately, everyone benefits,” she said.
Northwestern Mutual is putting together a corporate-led department that will deal with issues of inclusion as well as diversity. But change doesn’t happen overnight. “There is a lot of talk about flex time, but I have very few clients who have that in their workplace; the majority must report to their office, and their productivity is measured by how much time they spend there,” said Kane.
Sarsynksi is proud of MassMutual’s approach to diversity and gender issues, and says information gleaned from a number of diverse employee-resource groups has led to better business decisions. Flex time and the ability to work at home is determined by individual managers, and the company has a physician, day-care facility, and hairdresser on site to help make things easier for employees.
Still, early conditioning prompts women who are allowed flex time or given the opportunity to work at home to feel they must explain their actions, said Barnett. “It is a sensitive issue because women do believe they have to justify their decisions.”
Kane said business leaders need to consider whether their workplace and culture are inclusive enough to make women feel comfortable so they will remain in their positions. “It’s the crux of the problem. If you fill positions with high-quality people because you want to solve demographic issues but don’t change anything else, it won’t work due to cultural norms, especially in sales, where employees must be competitive and aggressive to succeed,” she explained.
MassMutual is taking the lead by launching a Women’s Leadership Forum next month that will focus on retention, development, and advancement of women in leadership.
Retention is especially important, since many women make the decision to leave their jobs and start their own businesses so they lead more balanced lives.
“More and more women are choosing the entrepreneurial route. If you own your own business, you can choose your hours and are not judged,” Kane said, adding that managers often assess work performance in terms of hours spent at the office even though people are still tethered to their jobs via technology 24 hours a day.

Hope Prevails
One of the reasons momentum has slowed in terms of economic parity is that most people are unaware or would rather not face the fact that inequity still exists. “People think there has been progress, so they believe the issue doesn’t need to be on the front burner,” Barnett said, adding that many young women also adhere to this belief.
Still, she believes America is headed in the right direction. “Women who reach CEO levels have power and are changing cultures, which filters down and benefits everyone,” she said. “The issues will never go away, but I would be happy to see them diminish. And I think the progress women have made is tremendous. But they will have to take responsibility to keep the momentum going, and awareness is key.”

Mission: Almost Impossible

By BusinessWest Staff March 13, 2012

Cover Story

Working Mothers Struggle to Balance Career and Home Life

Kelly Tobin has three children, is a claims consultant for Disability Management Services in Springfield, and loves her job. In fact, she would definitely not want to be a stay-at-home mother.
But she does not have a minute to herself from the minute the alarm goes off until her head hits the pillow at night. “There is always something to be done and someone to take care of,” said the 41-year-old Hatfield woman.
Jessica Phaneuf agrees. “I start my day at 6 a.m. and don’t stop until 8 or 9 at night. It’s really difficult to achieve balance between family and work, and it’s stressful because I bring work home with me. When I am home, I want to focus on my children, but that’s not always possible,” said Phaneuf, who has an 8-month-son and 2-year-old daughter, and owns Fitness Together in Amherst and Northampton.

Kelly Tobin loves her job and her three children

Kelly Tobin loves her job, but the multitasking and constant demands of caring for her three children and doing well at work result in days when her stress level is almost intolerable.

Registered nurse Jennifer Crocker, who works in the intensive care unit at Cooley Dickinson Hospital and is going to school full-time, is also among the ranks of working mothers under stress. “There is a lot of prioritizing and reprioritizing every day,” she said, adding that she chose to work the night shift so she would have the flexibility to care for her 7-year-old daughter and 16-year-old son.
And Janet Casey knows no limits, as she gives her all to home and work. Six hours after giving birth to twins via cesarean section, Casey was on the phone conducting business. “The twins were born on Election Day, and I was managing seven political campaigns,” explained the owner of Marketing Doctor in West Springfield.
Casey has four children, including 15-month old twins Cassidy and Cooper. Cassidy has had a feeding tube since he was born, and during four surgeries Janet slept in a chair in the hospital and kept up with work via a laptop and iPad. “My clients didn’t even know I wasn’t in the office,” she said, adding that her husband was home caring for their other three children.

Jessica Carlson says women have better coping strategies than men when it comes to stress, and are more likely to take advantage of social support.

As these women can attest, balancing responsibilities at work and home is not easy. “When women are juggling multiple roles — mother, daughter, parent — it can result in a very high amount of stress with significant mental-health consequences such as depression and anxiety,” said Jessica Carlson, associate professor of Psychology at Western New England University.
Still, a study released last year by the University of North Carolina, which followed 1,300 working mothers, showed those who work have better health and fewer symptoms of depression than stay-at-home moms. However, it also revealed that mothers with part-time jobs do a better job nurturing their children and balancing their life than those who work full time.
But working part-time is not always possible, especially for women intent on getting ahead in the business world. As a result, guilt and stress are constant companions, and in spite of their ability to multitask, women make real sacrifices to accomplish all they must get done.
For this issue and its focus on Women in Business, we take an indepth look at what, for many women, appears to be a mission almost impossible.

Difficult Choices
Michelle Budig, associate professor of Sociology at UMass Amherst, says researchers in time management have found the number of hours women spend at work has increased dramatically since 1960, but the hours they spend caring for their children has not changed. “What women have sacrificed is their personal care, leisure, and sleeping time,” she said.
Crocker is frequently sleep-deprived. “My exhaustion level is crazy. I have learned to function on four hours of sleep. On occasion I catch up, but if something has to give, my sleep is the thing that gets sacrificed because it’s definitely a priority to be with my children,” said the 43-year-old.
She also puts in extra effort to teach her children to be independent, and although it adds to her workload, she wants them to attain life skills necessary for independence. “It would be so much easier to do more for them, but the more you do for children, the less they do for themselves.”
Research shows that, although the amount of hours working mothers are present in the home has diminished, they have preserved the number of hours they spend interacting with their children. “They are still reading to their children, giving them baths, making meals, and feeding them,” Budig said, adding that researchers find it surprising that women are still doing so much. What has gone by the wayside is household chores, and working moms are hiring more help, eating out more, and lowering their standards for household cleanliness. Although many husbands help out, time diaries kept by parents over a period of about 40 years showed that men spend only five hours more a week helping out at home than they did in the ’60s.
Crocker makes a real effort to spend quality time with her children. But like other working moms, she has missed out on important milestones while at work, which results in conflicted feelings. “It’s a struggle, and I have to remind myself I am working to support them and give them everything I can,” she said.
Tobin remembers getting a phone call from her day-care provider, who told her to listen to the tapping noise on the phone. “That is your daughter walking,” she was told, as the knowledge sunk in that she had missed her baby’s first steps.
These losses, combined with continuous worry, lead mothers to try to compensate for the time they must be away from their children. Crocker keeps watch on them from a distance by calling her day-care provider several times a day. “I make sure I talk to both of my children. I don’t miss a day, and it makes me feel better,” she said.
Casey also goes above and beyond. “I spend days in my daughter’s classroom as a volunteer,” she said. And like Crocker, she also calls her day-care provider every day. “I have guilt every day, depending on which child I am more concerned about,” she said.
In addition, she spends time playing with her children every night. “When I come home, my needs come last. But this is the road I chose. I don’t know any mother who can be 100% sane. You are always at a varying degree of insanity because of everything you have to do.”
That includes dealing with the fact that young children get sick frequently, which means someone has to stay home and care for them. “I have missed a lot of work,” Tobin said. Her husband is an attorney, so if he is scheduled to be in court, “he trumps me, even though we try to juggle it.”

Janet Casey, who has four small children and owns Marketing Doctor in West Springfield, says juggling motherhood and a business means her needs are always the last to be met.

Casey has a fair amount of flexibility. But from mid-January to the beginning of this month, her children suffered from pinkeye, strep throat, vomiting, and diarrhea. Since her husband had used all of his sick days, she stayed home when it was necessary. “My work really suffered. But the guilt connected to that is not as bad as when I know my family is suffering,” she said.

Bonuses and Penalities
Carlson says working mothers in high-level positions have equally high levels of stress hormones flooding their bodies. But they also have better coping strategies than men because they are more likely to take advantage of social support.
“So even though they have more stress, evidence suggests that they handle it better than men, and multiple roles offer more opportunities for success, which leads to higher self-esteem and greater self-efficacy,” Carlson said, explaining that, if a woman has a frustrating situation at work or home, doing well in the other arena can compensate for it.
Marriages also benefit when women work, because they are contributing to their family’s resources and are able to share issues in the workplace with their husbands. However, having children does affect a woman’s earnings. Budig recently testified before the U.S. Joint Economic Committee about a research project she conducted titled “Work-Family Policy Consequences of Employment and Wages of Mothers.” It showed that women are penalized for having children while employers “see fatherhood as a signal of more stability and greater commitment to work. It’s a complete opposite,” she said, adding that there is a “wage punishment” for motherhood.
“On average, women earn 6% less per child in terms of lower wages after all the adjustments,” Budig said, explaining the study took a wide variety of factors into consideration, including whether women return to work immediately or take time off after giving birth, as well as their education, job changes they make due to motherhood, and the types of jobs they hold.
However, women who make $75,000 or more suffer significantly less. They are only penalized by about 1% to 2% per child in terms of earnings, while the lowest wage earners are penalized as much as 15%.
This may be because they are often dependent on family members and friends for child care, so in a crisis they may be forced to quit their jobs or take time off from work, while women with higher incomes are more likely to have quality child care, sick time, and flexibility. “They have more resources to maintain their employment when life gets difficult. Research has shown the women with the least to lose — the lowest earners — get the largest penalty for having children,” Budig said.
Other losses result from difficult emotional choices, such as whether to leave work to attend school events. “You only get so many of these opportunities in a lifetime. There is a price, and for every choice you make you lose something,” Tobin said. “There are days when I get heart palpitations or when I have felt so overwhelmed, I am afraid I could have an anxiety attack or go over the edge if I think about how many balls I have in the air. But working mothers are always hard on themselves, and when you make the decision to be a working mother, you have made the choice to live in conflict.”

Hidden Assets
There are benefits to mastering motherhood and job responsibility, and research shows the juggling act enhances a woman’s competencies. “For example, mothers have to learn patience, which can serve them well in the workplace,” Carlson said. “It’s a symbiotic relationship, and having multiple roles doesn’t always have to be detrimental, as the effects can improve their skills at work and at home.”
Working mothers also provide a positive role model for their daughters. “Girls who see their mothers working have more egalitarian views on gender,” Carlson said.
The ability to multitask successfully is another asset that is often overlooked. “The question,” she explained, “is how an organization can help make use of these talents and help women shine.”
Some of the measures that could make a difference have been identified. They include flexible hours and telecommuting that would make the work-life balance easier for women.
But few businesses offer these perks. “There is a perception that face time is important, so even if the benefits are available, people don’t feel free to use them,” Carlson noted. And only about 10% of U.S. firms have established on-site child-care centers. “So strides are being made, but there is still a long way to go.”
Tobin made the decision to leave her job when was pregnant with her third child because she realized she had missed out on a lot with her other children, and her employer didn’t offer part-time positions. But in time she was told she could work 25 hours a week, which she eventually expanded upon.
“I was fortunate enough to have the best of both worlds. It was risky for my employer because it was uncharted territory, so I am forever indebted to them,” she said, adding that the arrangement allowed her to maintain her professional status without impacting her career.
However, some countries that put a high value on family life don’t put parents in this predicament. “In Sweden, parents get a year of paid leave when they have a child, and it is commonplace for men as well as women to take these leaves,” Carlson said.
But in the U.S., motherhood is not always seen as a plus, and a study conducted by researchers at Stanford University indicates that employers may discriminate against women with children. Budig said researchers submitted résumés that were almost identical to a number of companies. The one difference between them was that one group listed activities such as parent-teacher-organization involvement or other things that indicated the women had children. Their research showed that the résumés without references to children resulted in significantly more callbacks and salary offers.

Reality Check
Still, American women are doing their best to work and raise their families within the confines of the system. “You can’t deny that someone else is raising your kids during the hours when you are at work,” Casey said. “Your family suffers when you are at work, and your business suffers when you are with your family. It’s just reality.”
But overall, women are happy that they can achieve both goals. “I like my job, and work is my escape from home. It allows me to use my brain in a very different way,” Tobin said. “I have suffered from guilt and cried, wondering if I am doing the right thing. But at the end of the day, I know I wouldn’t want to be a stay-at-home mom.”

A Time for Change

By BusinessWest Staff March 13, 2012

Banking and Financial Services Sections

Measure Reforming Alimony Is Certainly History in the Making

Get ready, payers and recipients — a new statute is in town, and after so many years, it’s finally about alimony.
In an historic move, Gov. Deval Patrick signed into law “An Act Reforming Alimony in the Commonwealth,” which went into effect March 1. This Massachusetts statutory law, known as M.G.L. c. 208, §§ 48-55 inclusive, defines alimony, classifies it prospectively into four categories, and applies retroactively to existing orders. Gone are the days of unjustified lifetime alimony awards, the extension of alimony past the payer’s retirement age, and the ability of a recipient spouse to receive alimony during their cohabitation with another.
Understandably, judges and lawyers alike are both excited and nervous with such a tremendous new practice tool. From the court’s perspective, the apprehension stems from both its ability to handle the imminent floodgate of litigation and the amount of judicial discretion inherent in the wording of the statute itself. From the lawyers’ perspective, it’s the unknown judicial interpretation of the law to each specific fact pattern, coupled with the technical skill it will take to make effective arguments about how the law applies to each case.
In an attempt to preserve judicial discretion, balance consistency with flexibility, encourage settlement, provide finality, and for the comingled effect of situations where there is child support, this law has potential loopholes and room for creative arguments, much to the dismay of those who seek determinative rules for dealing with the one issue that arguably creates the largest amount of contested divorce litigation.
Specifically, the act is designed to accomplish the following:
• Articulate and define alimony into four separate categories: general-term alimony, rehabilitative alimony, reimbursement alimony, and transitional alimony;
• Set durational time limits that mandate termination of alimony awards no later than a certain date, determined by the length of the marriage;
• Provide parameters for setting the form, amount, and duration of alimony, including the definition of income;
• Suspend, reduce, or terminate alimony upon the cohabitation of the recipient spouse; and
• Terminate alimony upon the payer attaining retirement age, as defined by Social Security.
Retroactively, all existing alimony awards are considered general-term alimony. These awards can now be modified by termination or reduction, should a change in circumstances occur whereby the payer no longer has the ability to pay and/or the recipient’s need is reduced.
In addition, the act provides per-se (meaning that no other circumstance is required) grounds for termination of alimony upon any of the following circumstances:
• Remarriage of the recipient spouse;
• Death of either spouse;
• No later than a certain date pursuant to the act’s articulated durational limits;
• The payer attaining the full retirement age; or, most anticipated,
• The cohabitation of the recipient spouse.
The act also establishes a schedule setting forth when modifications can be filed, seemingly designed to allow both payer and recipient the opportunity for future financial planning, as well as decreasing the immediate judicial burden relative to the opened floodgates of litigation. Specifically, the schedules are for reaching the age of retirement and exceeding durational limits for payment. Notably, however, if there is a basis for modification in addition to an award exceeding durational limits or the payor reaching the full retirement age, the filing schedule is inapplicable, and March 1, 2012 is the magic date.
Testing the statute in Massachusetts courts will help clarify one of the main questions domestic lawyers receive from clients who are paying alimony: whether a recipient’s cohabitation with another person post-divorce, in and of itself, is sufficient to warrant termination. Currently, Massachusetts case law allows for alteration or termination of alimony on the basis of cohabitation only when myriad other factors exist, including the economic benefit and change in circumstance received from the non-spouse co-habitator.
Pursuant to the act, however, general-term alimony will now statutorily be suspended, reduced, or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained a common household for a continuous period of at least three months. Evidence of maintaining a common household will surely be a great source of litigation, and includes sharing a primary residence, economic interdependence of the couple, economic dependence of one person on the other, oral or written statements or representations made to third parties regarding the relationship of the persons, engaging in conduct and collaborative roles in furtherance of their life together, and the benefit in the life of the recipient, both from the new relationship and their community reputation as a couple.
Overall, the time is ripe for alimony payers to pull out their old agreements and consult with a creative attorney who is knowledgeable about this substantive change in Massachusetts law. Before each payer goes through this process, however, it is important to note that, if the effect of the existing agreement provides that it “survives as an independent contract” and is “incorporated but not merged” into the actual divorce judgment, the act specifically states that no modification is allowed. If, however, your agreement “merges and incorporates” into the judgment of divorce, a consult will determine if and when the opportunity is ripe to file a modification action, seeking either a reduction or termination.
To those people who have been paying alimony longer than they were married, or who are paying alimony to an ex-spouse who has been living with someone else for years, this measure represents true relief. The light at the end of the tunnel is now in sight and burning bright. Although lawyers cannot yet predict how individual judges will interpret the specific language of the act, the message is clear: alimony in marriages fewer than 20 years in duration is no longer forever.

Melissa R. Gillis, Esq. is an attorney with Bacon Wilson, P.C. in the domestic, special education, and real estate departments; (413) 781-0560; baconwilson.com/attorneys/gillis. Thomas R. Reidy, Esq. is a member of the domestic relations team; (413) 781-0560; baconwilson.com/attorneys/reidy

The $26 Billion Mortgage Settlement

By BusinessWest Staff March 13, 2012

Banking and Financial Services Sections

Many Homeowners Facing Foreclosure Won’t Be Helped by This Deal

Thomas J. Fox

From the beginning of 2007 until early 2012, approximately 4 million families lost their homes to foreclosure. While the wave of foreclosures was unsettling, the stories that emerged in 2010 about the process being riddled with sloppy recordkeeping were far more disturbing.
These issues came to light because of the practice known as ‘robo-signing,’ through which families lost their homes based on forged or unreviewed documents. After a year of investigations and negotiations, state attorneys general and the federal government announced a $26 billion settlement with five of the biggest mortgage lenders over improprieties ranging from robo-signing to failing to negotiate in good faith with homeowners. Those lenders include Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, and Ally Financial. How did we get here, and what does this settlement offer? Let’s take a look.
Over the past decade, home ownership exploded across the U.S. Banks and other lenders spent billions of dollars to develop a seamless operation that took new mortgages, bundled them into securities, and sold them as investments. While I’m not going to get into the depth of shenanigans involved in this approach, suffice it to say things did not work out as the lenders and investors anticipated. When borrowers began to default, banks found themselves in a game of catch-up, and they failed to devote enough manpower to deal with the magnitude of the crisis. The institutions’ inability to keep up with homeowners’ requests for workout agreements forced them to cut corners.
When lenders began robo-signing foreclosures, they landed in the crosshairs of just about every consumer advocate and lawmaker. Instead of the required review of documents, lenders had automated the process, and inadvertently begun foreclosing on homeowners who were not in default, or owed no money.
That’s the background; now let’s review the settlement. The terms require the five lenders to contribute at least $10 billion for reducing the principal on loans for borrowers who are either delinquent or at imminent risk of default and are underwater — meaning they owe more on their mortgages than their homes are worth. At least $3 billion is earmarked for refinancing loans for borrowers current on their mortgages and underwater. Up to $7 billion will go toward other kinds of assistance, including forbearance of principal for unemployed borrowers, anti-blight programs, and short sales.
One of the more controversial portions of the settlement is the $1.5 billion set aside for cash payments to borrowers whose homes were sold or taken in foreclosure between Jan. 1, 2008 and Dec. 31, 2011; officials estimate that as many as 750,000 borrowers could receive checks for $1,500 to $2,000, which barely covers the costs of title insurance or moving.
The settlement also calls for $3.5 billion to be used to repay public funds lost as a result of servicers’ misconduct and to fund housing counselors, legal aid, and other public programs determined by the attorneys general. However, many states are already considering those funds to fill budget shortfalls or help with other problems, such as prolonged unemployment. An additional $1 billion will be paid by Bank of America to resolve a separate federal investigation related to alleged wrongful conduct involving inflated appraisals of Federal Housing Administration-insured mortgages. Half of that $1 billion will be used to fund a loan-modification program for Countrywide borrowers who are underwater on their mortgages.
Federal and state officials promoted the settlement as a significant step in holding the banks accountable for abusive and illegal foreclosure paperwork practices, and one that will provide relief to homeowners. However, despite the billions secured to help homeowners, the aid will help a relatively small portion of the millions of borrowers who are delinquent and facing foreclosure, especially since mortgages owned by the government’s housing-finance agencies, Fannie Mae and Freddie Mac, will not be covered under the deal. That excludes about half the nation’s mortgages.
The door is still open for further actions against the banking industry. Prosecutors and regulators still have the right to investigate other elements that contributed to the housing bubble, like the assembly of risky mortgages into securities that were sold to investors and later soured, as well as insurance and tax fraud.
How will this all play out? Only time will tell.

Thomas J. Fox is the community outreach director at Cambridge Credit Counseling, an Agawam-based professional housing and debt-counseling agency. He is an AFCPE-accredited credit counselor and an NCHEC-certified housing counselor; (413) 241-2362; [email protected]; twitter.com/thomasjfox

Understanding the IC-DISC

By BusinessWest Staff March 13, 2012

Banking and Financial Services Sections

How This Tax-saving Vehicle Can Work for Your Company

Kristina Drzal-Houghton

If your closely held company earns significant income from exporting US-made products — or from engineering or architectural services on foreign construction projects — consider forming an interest charge domestic international sales corporation (IC-DISC).
Although exporters often think of newly produced property as export property, used equipment and even scrap also qualify.
In its most recent form, the IC-DISC can provide a permanent 20% tax savings (or even more) for qualifying U.S. exporters. In certain cases, it eliminates U.S. tax entirely on the majority of export income. In addition, distributions to individual shareholders are currently taxed at a maximum rate of 15% — providing a way to convert 35% ordinary income to 15% qualified dividend income. Of course, this assumes that the U.S. exporter generates operating profits and is creating taxable income in the U.S.
To make the most of this strategy, it’s a good idea to act soon. An IC-DISC is relatively inexpensive to set up and operate, and it can reduce your federal tax rate on a portion of net export income by up to 20 percentage points. This differential was originally set to expire on Dec. 31, 2010, but Congress extended it in late December 2010 to Dec. 31, 2012.
Many practitioners strongly believe that this differential will be extended past 2012 even if tax rates on ordinary income increase. In addition to benefiting sole proprietorships and pass-through entities, exporters operating their business via a C corporation can benefit by using the IC-DISC to eliminate double taxation on a majority of their export income, as well as to reduce the need to incur additional payroll taxes on income paid to their shareholders or officers. The IC-DISC is not a tax shelter.

What Is an IC-DISC?
An IC-DISC is a ‘paper’ entity used as a tax-savings vehicle. It is a domestic C corporation, but must request and receive IRS approval to be treated as an IC-DISC for federal tax purposes. It also must maintain its own bank account, keep separate accounting records, and file U.S. tax returns. It does not require corporate substance or form, office space, employees, or tangible assets. It simply serves as a conduit for export tax savings. An important feature of the IC-DISC is that shareholders can be corporations, individuals, or a combination of these. The IC-DISC can be incorporated in one of the 50 states or in the District of Columbia.

How Does It Work?
The owner-managed exporting company forms a special U.S. corporation that elects to be an IC-DISC. The election is made on IRS Form 4876-A, which must be filed within 90 days after the beginning of the tax year. Here are more specifications:
• The exporting company pays the IC-DISC a commission;
• The exporting company deducts the commission from ordinary income taxed at up to 35%;
• The IC-DISC pays no tax on the commission as long it passes two main tests known as the qualified export receipts test and the qualified export assets test. The qualified export receipts test requires that 95% of the gross receipts of the IC-DISC constitute qualified export receipts. The qualified export assets test requires that 95% of the assets of the IC-DISC be qualified export assets. Qualified export assets include accounts receivable, temporary investments, export property, and loans to producers.
• Shareholders of an IC-DISC are not taxed until the earnings are distributed as dividends. However, the shareholders must pay annual interest on the tax deferred. Shareholders that are individuals pay income tax on qualified dividends at the capital-gains rate of 15%. The result may be a 20% or more tax savings on the commission.
The following calculation shows how the owners can save a combined $500,000 in federal income taxes. Let’s assume an S corporation has $20 million in qualifying export sales and $5 million in net export income on those sales. If the company has an IC-DISC subsidiary, it can pay the IC-DISC commissions up to the greater of 50% of its export net income or 4% of its export gross receipts. In this case, the maximum commission is 50% of net income, or $2.5 million. The S corporation shareholder has reduced pass-through income by the $2.5 million commissions expense. At 35%, this is a reduction of $875,000.
Assuming the IC-DISC fully distributes the commission as a dividend, the shareholder will have $2.5 million of qualifying dividend income taxed at 15% or $375,000. The net of these two items is the $500,000 tax savings.
For U.S. exporters, the IC-DISC is the only remaining tax-saving opportunity. If you are unsure about whether or not an IC-DISC will work, ask the following questions:
• Do you have any transactions outside of the U.S.?
• Do you use overseas distribution?
• Does your product cross any borders?
• Are you generating operating income?
If the answer to any of these questions is yes, an IC-DISC could be a valuable tax-savings vehicle for your business.
On the surface, the rules covering the IC-DISC may seem simple. However, to maximize the tax benefit, a qualified IC-DISC advisor should be engaged. Many times an IC-DISC expert can double if not triple the tax benefit the IC-DISC provides by applying their indepth understanding of how to structure the IC-DISC and using the complex advance pricing rules that the Internal Revenue Code allows for determining the tax benefit. A firm that has proven IC-DISC expertise, offers fixed fees, and optimizes the IC-DISC on a transactional basis (which almost always provides the best result) should be chosen.

Kristina Drzal-Houghton, CPA, MST, is the partner in charge of Taxation at Holyoke-based Meyers Brothers Kalicka, P.C.; (413) 536-8510.

Safe Bets

By BusinessWest Staff March 13, 2012

Banking and Financial Services Sections

Know the Rules to Avoid Costly Workers’ Compensation Risks

By DAVID MOTOSKY, CRM

David Matosky

There is no doubt that the cost to employers of providing workers’ compensation insurance benefits for their employees can be a significant budget line item. Just as significant can be the potential cost to employers when they hire non-employees within the usual course and scope of their business operations who might be uninsured for workers’ compensation, without even knowing it.
Whether an employer hires casual labor to help complete a specific project, contracts with a subcontractor to provide specific services to the employer, or hires an independent contractor to perform direct work for or on behalf of the employer, workers’ compensation laws are pretty clear. In the vast majority of cases, an employer will be held responsible for workers’ compensation benefits payable to uninsured ‘contractors.’ But there is an easy way for employers, regardless of their business or industry, to practice sound risk management and avoid the potential of having their loss experience and workers’ compensation insurance costs negatively impacted by workers who aren’t on their direct payroll.
Requiring a current and valid certificate of insurance evidencing proof of workers’ compensation insurance from anyone who does work for you is a simple and practical way to reduce your potential exposure in this area.
In Massachusetts, it is presumed that any person performing services for another is an employee unless the employer can meet the following three-part test:
• One, the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact;
• Two, the service is performed outside the usual course of business of the employer; and
• Three, the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. An employer’s failure to demonstrate all of the above sufficiently establishes an employer/employee relationship under the law.
Let’s first get a clear understanding of the two basic components that directly impact an employer’s workers’ compensation expenses: the direct insurance premium cost to the employer, and the employer’s loss experience. In theory, there is a direct correlation between the two. To the extent that loss experience is favorable, the premium cost will be low. Conversely, to the extent that loss experience is poor, the premium cost will be high.
There are three premium-bearing components that directly impact an employer’s workers’ compensation insurance premium cost: annual payroll, manual-class-code rates, and the employer’s experience-modification factor (and its companion ARAP surcharge, if applicable).
The annual payroll amount is initially estimated by an employer prior to the inception date of the policy, and is subject to audit at the end of the policy term. Payroll includes salary, wages, two-thirds of overtime expenses, casual and temporary labor costs, and payments made to subcontractors that are uninsured for their own workers’ compensation exposures. There is a direct correlation between payroll and premium — the higher the payroll, the higher the premium; the lower the payroll, the lower the premium.
The manual-class-code rates are set and established by the Mass. Workers’ Compensation Rating and Inspection Bureau, and subject to approval by the Mass. Division of Insurance. There are hundreds of class codes, each assigned to a specific classification, that recognizes the predominant work functions of an employee. At the inception of each policy term, the manual class-code rates are applied to the annual payroll amount per classification of employees, per $100 of payroll, to calculate the manual premium. At expiration of each policy term, the insurance company will perform an audit of the payroll to determine the actual classification and payroll exposures during the policy term.
The insurer will charge additional premium if payroll was underreported, or refund premium if payroll was overestimated, subject to any class-code minimum premium. There is a direct correlation between the manual-class-code rates and premium — the higher the rates, the higher the premium; the lower the rates, the lower the premium.
Insurance companies can file for approval of rate deviations from the established manual rates. In what is referred to as the voluntary insurance market, deviated rates are readily available and plentiful. Policies written through the Mass. Workers’ Compensation Assigned Risk Pool (MWCARP), the market of last resort in the state, are written with only the manual rates applied, without the potential for savings of deviated rates, or premium discounts, for that matter. In general, employers with favorable loss experience have many options available in the voluntary market, whereas employers with poor loss experience or high hazard operations end up in the pool.
An experience-modification factor, and any companion ARAP surcharge, is calculated on an annual basis by the Mass. Workers’ Compensation Rating and Inspection Bureau (WCRIB) for each employer, prior to the inception of each policy term. The experience-modification factor is applied to manual premium to calculate standard premium. Any applicable ARAP surcharge is then applied to the standard premium to calculate the additional surcharge. Those employers that operate in multiple states in addition to Massachusetts have their calculations performed by the National Council on Compensation Insurance (NCCI), using the same basic formula. For smaller employers that aren’t eligible for experience rating, a merit-rating calculation is performed by the WCRIB. Merit rating acts in a similar fashion to experience rating.
In very basic terms, an experience-modification factor, and any companion ARAP surcharge, rewards an employer that has favorable loss experience by applying a credit to their premium, and penalizes an employer which has negative loss experience by applying a debit to their premium. There is a direct correlation between the experience-modification factor and premium — the higher the experience-modification factor, the higher the premium; the lower the experience-modification factor, the lower the premium.
An experience-modification factor of 1.0 is neutral, with no credit or debit applied. An experience modification factor of 1.1 applies a debit of 10% to premium. An experience modification factor of 0.9 applies a credit of 10% to premium.
Prior to Oct. 23, 2002, sole proprietors and partners of legal partnerships were unable to cover themselves as employees under a worker’s compensation policy that they purchased. The change to M.G.L. Chapter 152 allowed a sole proprietor or partner to elect coverage; otherwise they would not be covered under the policy for any work-related injury. If coverage election is made, the minimum payroll for premium computation purposes for each respective employee is set by the state on an annual basis, based upon the state’s average weekly wage (AWW). Currently, this minimum payroll amount for policies effective Oct. 1, 2011 and after is $41,300, even if the actual payroll is less.
At the same time, the change to M.G.L. 152 made it possible for certain corporate officers and directors to exempt themselves from coverage by applying to the Mass. Department of Industrial Accidents (DIA) for approval. If approved by the DIA, the payroll of the respective officer or director would not be included for premium-computation purposes. The officer or director must own at least 25% of the issued and outstanding corporate stock. If the corporation has no employees, other than those officers that have exercised their right of exemption, the corporation is not required to carry workers’ compensation insurance. If the corporation has other employees, or subsequently hires an employee, they must secure coverage in compliance with M.G.L. Chapter 152.
Any newly formed corporations are encouraged to consider the right of exemption and file Form 153 with the DIA for approval in a timely manner. Otherwise you run the risk of being issued a stop-work order (SWO) by the DIA. Over the past several years, the DIA has been aggressively investigating employers to ensure the existence of valid insurance in compliance with the law, issuing SWOs and assessing fines for noncompliance.
In January 2004, the DIA clarified that legal partnerships include LLCs and LLPs, and therefore the members of an LLC and the partners of an LLP may also elect to carry workers’ compensation insurance coverage for themselves. As is the case with sole proprietors, if coverage election is not made, there will be no coverage under the policy for any work-related injury.
Certificates of insurance evidencing workers’ compensation that are issued to sole proprietors and legal partnerships should list on them whether or not the sole proprietor or partners have elected coverage or not. If the certificate of insurance you are provided is silent as to the election of coverage, you are encouraged to contact the insurance agent or insurance company that has issued the certificate for clarification.
A word of caution when it comes to certificates of insurance and your reliance upon them — they may not be worth the paper they are printed on. They only provide a snapshot of the insurance coverage in force at the instant ‘print file’ was hit. Since that time, the policy could have been cancelled for misrepresentation or non-payment of premium.
The bottom line is that every employer should require, track, and maintain on file certificates of insurance from any person or employer that they enter into contracts with. Otherwise, a potential work-related injury to an uninsured employee will negatively impact your loss experience, increase your experience modification factor, and certainly increase your workers’ compensation insurance cost for years to come.
If you ever have any questions or concerns regarding the validity of a certificate of insurance, or how hiring a subcontractor or independent contractor might impact your own workers’ compensation insurance policy and its cost, your best bet is to rely upon the advice of your local independent insurance agent.

David Matosky is operations director for First American Insurance Agency in Chicopee, and has earned the designation of certified risk manager;
[email protected]

Making of a Milestone

By BusinessWest Staff March 13, 2012

Susan Wilson, vice president of Marketing at PeoplesBank

Banking and Financial Services Sections

PeoplesBank Surpassed $1 Million in Charitable Giving in 2011

Tom Senecal visits with students at Square One in Springfield. PeoplesBank donated $25,000 to the organization to help it recover from the June 2011 tornado.

Tom Senecal says the spate of weather disasters and resulting multi-level recovery efforts probably had something to do with PeoplesBank passing the $1 million mark in charitable contributions in 2011.
After all, the bank committed $200,000 for relief efforts in the wake of the June 1 tornadoes that devastated neighborhoods in Springfield, West Springfield, Westfield, Monson, and other communities.
But Senecal, the bank’s chief financial officer, believes the Holyoke-based institution probably would have reached that milestone even if the region hadn’t been visited by those twisters, which created needs that probably couldn’t have been imagined on May 31.
That’s because the needle had been moving steadily toward that number for the past several years — donations totaled $850,000 in 2010 and $705,000 in 2009 — and also because the bank had a very solid year with regard to the bottom line, and sought to redirect profits back to the community as a reflection of the culture at the 127-year-old bank — and to address growing needs in many areas, said Senecal.
“We were seeing a tremendous need in all the communities we do business in,” he told BusinessWest. “Some of it was related to the tornadoes, but it was across the board, really, from gifts to several senior centers to donations to hospital capital campaigns.
“We’re a mutual institution, and we do not have stockholders,” he said. “We believe, as a result of that, that it’s our responsibility to give back to the communities we do business in.”
And while surpassing the $1 million mark is a noteworthy achievement, like the bank’s consistently high ranking on the Boston Business Journal’s listing of the most charitable companies in the state (38th in the last survey), what’s behind that number — meaning the direction this philanthropy takes — is the more significant story, he told BusinessWest.
Indeed, the bank continues to focus its efforts on three major areas — health care, education, and what he called “environmentally friendly initiatives,” with that latest category being a far-more-recent phenomenon, meaning the past decade or so. The weather calamities, especially the tornado, created new types of need, Senecal noted, and new and different ways for PeoplesBank to lend its support to the community.

Susan Wilson, vice president of Marketing at PeoplesBank, tours the new Leverett Elementary School greenhouse that was funded by a donation from the bank.

Examples range from a $25,000 donation to early-childhood-education provider Square One, which saw its downtown Springfield facilities, including its operations center and some programs for children, leveled by the tornado that plowed through the south end of the city, to gifts to several impacted communities for reforestation efforts.
“We made that donation to Square One within the first week after the tornado struck to help with emergency needs that they had within the community,” he said, adding that contributions were also made to a number of organizations involved in relief efforts, such as the Red Cross, the Community Foundation, and others.
But, as Senecal said, there was more to the bank’s surge past the $1 million mark than the wrath of Mother Nature.
Indeed, 2011 was a year when state and especially federal budget cuts hit a number of nonprofit agencies quite hard, said Senecal, adding that PeoplesBank stepped forward to help many of these institutions.
“Government cutbacks have forced nonprofits to seek alternative sources of funding so they can continue their missions,” he said, adding that more reductions are likely in the years ahead, meaning that need will continue to increase.
There was also the bank’s ongoing expansion, he said, noting that, when the institution widens its reach into a different community or neighborhood, it punctuates its presence with donations targeted for that area. This trend was continued recently in Springfield and West Springfield (the bank opened its latest branch there last year), and it will be witnessed in Northampton when it opens its first full-service branch there (and 19th overall) later this year.
“We reach out to the community to find causes that can have as much impact as possible in the cities and towns in which we do business,” he said of this pattern, adding that the ongoing expansion efforts are a big reason why overall donations within the Western Mass. region have increased more than 40% since 2008.
Looking back on 2011 and reaching the $1 million milestone, he noted that that there were donations made to roughly 400 organizations. Many were tornado-related in some way, he continued, noting that a total of $80,000 was donated to five communities for so-called “re-greening efforts.”
Overall, though, contributions were focused on those three main areas of concentration, said Senecal, noting that, in health care, donations were made to senior centers, hospitals, other care providers, and specific initiatives to improve the overall health and well-being of area communities.
There were many contributions in the broad realms of education and the environment as well, he went on, adding that some managed to overlap.
Such was the case with a donation put toward the building of a greenhouse at the Leverett Elementary School in Leverett, Mass.
But Senecal stressed that donations to the community are not limited to checks from the bank, or monetary contributions.
Indeed, PeoplesBank employees were ranked third in the state by the Boston Business Journal in terms of charitable giving from their pockets, and fourth when it comes to volunteer hours donated within the community, statistics that are a big part of the bank’s philanthropic track record.
“When you talk about a corporate culture of giving, it’s not just at the president’s level or the PeoplesBank level,” he explained. “It comes from all the employees.”

— George O’Brien

The following building permits were issued during the months of February and March 2012.

A chart of general contractors in Western Mass.

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A chart of the region’s environmental services firms

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Know the Rules to Avoid Costly Workers’ Compensation Risks

PeoplesBank Surpassed $1 Million in Charitable Giving in 2011

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