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Banking and Financial Services Sections
Latest Acquisition Would Take United Bank into Connecticut Market

Richard Collins

Richard Collins says the acquisition of New England Bancshares promises to give United Bank entry into a new and potential-laden market — Connecticut.

Richard Collins calls it “growing into our capital.”
That’s one of the many ways he chose to describe United Bank’s recent announcement that it would acquire Enfield-based New England Bancshares.
Elaborating, Collins, the bank’s president since 2001, said United, like many financial institutions in this region, has large amounts of capital at its disposal, and one of its challenges is to find methods to put it to work in ways that will position the bank for future organic growth, strategic acquisitions, and what he called “continued capital-deployment strategies.”
And he believes this acquisition, the bank’s second major expansion in four years — it merged with Worcester-based Commonwealth National Bank in 2009 — accomplishes all that and more.
For starters, it takes the bank’s footprint into Northern and Central Conn., and, more specifically, into areas with attractive growth potential (more on that later).
“This combination presents a tremendous opportunity to expand our presence in Connecticut, where United Bank currently does not have any branches,” said Collins. “Connecticut is a growing banking market, one we’ve had our eye on for some time.”
Meanwhile, the merger, subject to regulatory and shareholder approval, would also bring the institution to $2.4 billion in total assets, making it the 10th-largest bank headquartered in New England and the largest based in Greater Springfield.
And with that additional size comes strength, flexibility, greater efficiencies, a capacity to do larger commercial loans, and better ability to absorb the higher costs of doing business in an age of greater government regulation, he told BusinessWest.
“The burden of government regulation is becoming greater every year,” he explained. “And a small bank has a lot of trouble staying on top of all the things they have to do to satisfy government regulations; we can take our compliance efforts and spread them over a broader base.”
For this issue and its focus on banking and financial services, BusinessWest looks at United’s latest expansion initiative and what it means for this instiution and its long-term strategic plan.

Branching Out
Collins said informal talks between United and New England Bancshares started a few years ago.
He told BusinessWest that, again, like most banks in the region with capital at their disposal and strategic plans in place, United, which converted from a mutual bank to stock ownership over two stages in 2005 and 2007, has been looking at a number of opportunities for expansion.
“Our board saw opportunities to grow our franchise and expand our brand of banking into other markets,” said Collins, noting quickly that there has been organic growth over the past several years as well. “In going public, we raised a lot of capital, and the idea of having all that capital as a bank is that you grow into it over time.
“And, in essence, that’s what we’ve been doing — growing into our capital,” he continued. “The Worcester acquisition helped us in that regard, and it’s worked out very well for us, but we still have a lot of capital — 17% tangible common-equity ratio, which is a lot more than you need, really — and so we’ve been looking for opportunities.”
And, like the acquisition of Commonwealth National, the New England Bancshares gambit, a $91 million transaction in cash and stock, makes sense on a number of levels, Collins continued, adding that it was consummated after considerable due diligence that determined that United was receiving value for what it was offering, but was not overpaying.
“What I do in these situations is put myself in the shoes of our shareholders — “if I’ve got $91 million to spend, how much should I be earning on that $91 million?” he explained, adding that a detailed assessment concluded that the bank could certainly earn enough to justify that cost.
When asked to quantify why this deal makes sense for United, Collins said a quick look at a map would be a good place to start. It would show that the best opportunities for widening the footprint lay to the east and the south, with the latter being the most attractive.
“We have a branch in Northboro, and if you go north of that, it gets rural very quickly. If you look at Southern Vermont, there’s not much there in terms of real opportunity to grow,” he said. “And we’re probably not going to expand to our west; first, you have to cross the mountains, and then you get to the Pittsfield area, which is pretty heavily banked.
“So looking south made a lot of sense to us,” he continued. “If you look at the demographics of the Greater Hartford area, you see a lot of people there, and many of the communities are growing and fairly wealthy; there are probably four times as many deposits in the Greater Hartford area as there are in the Greater Springfield market. You have people, demographics, and favorable bank deposits — it looks like a place where our kind of banking can take root and flourish.”
Elaborating, he said New England Bancshares offered access to Connecticut markets with more-promising growth potential, meaning areas where large regional institutions, which have taken the brunt of public criticism over excessive fees, hold a good deal of market share.
Specifically, the institution has 15 branches — assembled through some previous mergers and organic growth —that are positioned mostly north and east of Hartford or west and south of the capital city. There are six branches in what Collins calls the southern tier, which stretches into New Haven County, and eight more in the northern tier, which progresses almost to the Massachusetts line and east to Tolland County. The resulting gap is similar to the one United has between Springfield and Worcester.
Beyond geography and specific branch locations, though, New England Bancshares made sense as an acquisition target on several other levels, said Collins, adding that the two banks are similar in many ways, from operating philosophy to loan-portfolio mix.
“They’re a smaller version of us,” he explained. “When it comes to deposits and loan percentages, the two banks are a lot a alike and take the same approach to doing business.”
These similarities should help facilitate the assimilation process, said Collins, who noted that, while there is some degree of apprehension associated with most bank mergers (especially for customers of the acquired institution), this absorption process should go smoothly.
“It’s a matter of making the right introduction,” he explained, adding that the bank will borrow many lessons from its experience in Worcester. “That’s marketing; that’s letters to the customers introducing ourselves and explaining how we do business.”
This communication process will begin several months before the closing and continue right up to that date of conversion and beyond, he continued, adding that the banks share a common data system, which should facilitate the process.
Looking ahead, Collins said that, after the merger has been completed, United will still have “comfortable levels” of capital with which to possibly add branch locations across its now-broader coverage region, perhaps closing those gaps, or pursue other possible acquisitions.
“We should be able to find branch-location opportunities in parts of that territory that are not saturated,” he explained, adding that New England Bancshares has not penetrated Hartford itself or many surrounding communities. “And, conceivably, there could be another acquisition — but right now, we’re focused on New England Bancshares and making this work.”

Interest Bearing
If the planned merger goes through as expected, United will have some impressive numbers to put behind its name.
These include those $2.4 billion in combined assets, $1.7 billion in combined loans, $1.8 billion in combined deposits, and 37 branches in seven counties across Massachusetts and Connecticut.
More important than the numbers, though, will be the capacity they provide for continued growth and a better ability to serve existing customers.
In short, this acquisition provides even more opportunity for the bank to grow into its capital.

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

Agenda Departments

NEBA Golf Tournament
Aug. 26: New England Business Associates (NEBA) will host a golf tournament on at Tekoa Country Club in Westfield. Proceeds from the tournament will benefit NEBA’s skills-training, supported-employment, academic-achievement, and self-employment programs for individuals with disabilities. The tournament will begin with a shotgun start at 1 p.m., and an awards and dinner ceremony will follow the finish. Sponsorship opportunities are available, and all golfers will have an opportunity to participate in contests and win prizes. To participate in the tournament and/or become an event sponsor, visit neba.eventbrite.com or contact David Parkinson, tournament director, at (413) 821-9200, ext. 145, or [email protected].

Massachusetts Chamber Business Summit
Sept. 9-11: The Massachusetts Chamber board of directors will conduct its annual Business Summit and Awards Ceremony at the Resort and Conference Center at Hyannis. The two-day meeting allows participants to meet with business professionals from across the state, as well as listen to state and local elected officials who will discuss the future of business in Massachusetts. Additionally, representatives from the Mass. Office of Economic Development will discuss loans, grants, and tax incentives available to business owners. Industry experts will also be on hand to discuss topics such as leveraging social media, search-engine optimization, and health care cost containment. The winners of the Business of the Year Award and the Employer of Choice Award will also be announced during the summit. For more information, call (617) 512-9667 or visit www.masscbi.com.

World Affairs Council Annual Meeting
Oct. 10: Hampshire College President Jonathan Lash will speak at the World Affairs Council of Western Mass. Annual Meeting & Dinner in the Mahogany Room of the Springfield Sheraton Hotel in downtown Springfield. More details will be forthcoming. Lash is an internationally recognized expert on practical solutions to global sustainability and development challenges. Before he became president of Hampshire College in 2011, he served as president of World Resources Institute (WRI), an environmental think tank with offices in eight countries and partners in more than 50 countries. WRI is an international leader on issues ranging from low-carbon development to sustainable transportation. From 1993 to 1999, Lash was co-chair of the President’s Council on Sustainable Development, a group of government, business, labor, civil-rights, and environmental leaders appointed by Bill Clinton that developed visionary recommendations for strategies to promote sustainable development. He played a key role in the creation and success of the U.S. Climate Action Partnership, which in 2007 issued the highly influential “Call to Action” on global warming. Prior to WRI, Lash held posts as director of Vermont Law School’s Environmental Law Center, Vermont secretary of Natural Resources, and Vermont commissioner of Environmental Conservation, as well as as a federal prosecutor. For more information on the event, call (413) 733-0110.

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, e-mail [email protected], or visit www.wmbexpo.com.

40 Under Forty Reunion
Nov. 8: BusinessWest will stage a reunion featuring the first six classes of its 40 Under Forty program. Details on the event will be forthcoming. What is known is that it will be staged at the Log Cabin Banquet & Meeting House in Holyoke, and will be open only to 40 Under Forty winners, sponsors, and their guests, as well as judges of the first six contests. For more information on the event, call (413) 781-8600, or e-mail [email protected].

Banking and Financial Services Sections
PeoplesBank Expands Its Mobile Offerings for Customers

Karen Buell says younger customers are particularly open to mobile banking.

Karen Buell says younger customers are particularly open to mobile banking.

Considering that banking a generation ago always involved visiting a branch — or at least an ATM — it says something that even logging on to a Web site may be too slow for some customers.
But when PeoplesBank added text banking to its growing stable of online and mobile services, it established a new standard for speed.
“It’s pretty quick and efficient,” said Karen Buell, the institution’s Internet branch manager. “You don’t have to call or anything like that, and it’s faster than a browser; if you want a quick balance check, you don’t have to log on.”
To use the option, customers can text a short code — just a few characters — to the bank to access balances, transaction history, and other information immediately. Its functionality may be limited compared to the bank’s other remote-banking services, but Buell said it’s a logical next step for customers on the go needing quick information.
“PeoplesBank has been a leader in mobile banking since 2008, since we introduced our first mobile app, one of the first in the country,” she told BusinessWest. “A lot has changed since then. We try to continue to innovate as technology changes and advances.”
For example, “we have a mobile banking app that will work for any platform — iPhone, Android, BlackBerry,” she said. “We also have a mobile browser which allows you to have the mobile-banking experience from any phone that has an Internet plan, so you don’t have to download the app.”
To develop these offerings, the bank partnered more than a decade ago with Online Resources Corp. (ORCC), which provides Web- and phone-based financial services, electronic payments, and marketing services to financial institutions. “PeoplesBank and Online Resources have been working together for more than 12 years. We started with online banking, then merged into mobile solutions,” said Lori Mark, ORCC’s director of Product Management.
The company estimates that the total number of mobile-banking users in the U.S. will grow from 25 million in 2011 to 42 million by the end of 2013 — a surge driven by the continuing uptick in smartphone adoption, a wider range of modes (mobile apps, text banking, etc.) appealing to a wider range of customers, and ever-improving usability. In addition, according to the Forrester Research Mobile Banking Forecast 2012-2017, 47% of all adults online in the U.S. will be using mobile banking by 2017.
The shift is evident locally, Buell noted. “We continue to see great increases. Browser sessions are going up about 5% month over month; people are logging in to check their balances, transfer money, and pay bills. Personally, I like it; when a bill comes, I pay online, and I’m good to go.
“We’re seeing huge increases in mobile visits to our Web site,” she added. “In the second quarter of this year, mobile devices were 14% of our total Web site volume. We know that there’s demand for it, and people are using it.”

Addressing Concerns
Buell said she recently attended a conference in San Francisco on mobile banking and e-commerce. There, the American Bankers Assoc. presented poll results showing that increasing numbers of people plan to adopt mobile banking if they haven’t done so already; the biggest percentage increase is in the 18-34 age group, followed by the 35-49 crowd.
“We know that Generation Y and Generation X are searching for this technology, and they want to do things on the go,” she told BusinessWest. “That’s being confirmed nationally.”
Some potential users might be put off at first by wireless transactions, worried about the security of their data, but Mark said those anxieties are baseless.
“Financial institutions, just because of how highly regulated they are, tend to be very security-conscious, and so are we,” she said. “We have the same parameters, and we take a lot of time educating our client base about security from hackers. We do what we can to allay those fears.”
Breaking down that trust barrier is key, Buell added.
“When they trust it, they embrace it,” she said. “Out of all our online customers, 25% to 30% are using mobile banking. I think, if you’re already comfortable doing something online or electronically, mobile banking becomes just another way to do transactions electronically.”
She conceded that many customers, particularly of the older generations, prefer to bank only in physical branches, “but if you’ve already embraced the technology, mobile is just another step. There don’t seem to be any barriers.”
Mark said the numbers of users across all platforms — browser, app, and text — continue to grow. “On our side, the smartphone usage is where we’ve seen the growth,” she noted. “Today, 6% of all Internet banking activity comes from mobile devices, and it’s increasing on a daily basis, with the vast majority of that usage coming from iPhones and Androids.”
Buell said PeoplesBank, where the mobile-user percentage is even higher, markets its high-tech banking options through its Web site — a logical place to attract customers who are already comfortable online, many of whom are happy not using brick-and-mortar branches at all.
“We’ve also done a lot of online advertising, Facebook and Twitter posts — and we had a billboard recently, just trying to spread the word that, if you’re looking for technology, PeoplesBank has it.”
The numbers back up the demand, as total mobile visits at PeoplesBank in the second quarter of 2012 were up 178% over the same period last year.
“We know customers are using smartphones, which are changing their lives in meaningful ways,” Buell told BusinessWest. “Our commitment is to answer that desire for convenience.”

Joseph Bednar can be reached at [email protected]

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of June 2012.

AGAWAM

Ad-Venture
10 Castle Hill Road
Jay Berger

Barry Rothenberg
335 Walnut St.
Barry Rothenberg

Deveno Landscaping
577 Springfield St.
David Deveno

K. Kudlic Trucking Inc.
491 Springfield St.
Kristen Kudlic

The Sand Trap
1399 Suffield St.
Kristine Mele

Vella Limousine
511 Springfield St.
Richard Vella

CHICOPEE

Sonic Value Transportation
129 Exchange St.
Ali O. Koseoglu

Total Exterior Services
218 Pondview Dr.
Lisa A. DelMonte

Yankee Auto Sales
162 Chicopee St.
Russell R. Foisy

EASTHAMPTON

Artisan Builders & Craftsmen
19 Plain St.
Aaron Scott

Mamadou Group Painting & Decoration
13 Arlington St.
Mamadou Diedhiou

Mountain View Antiques & Collectibles
51 Holyoke St.
James P. Delnero

Omni Ohana Media and Design
14 Playa Ave.
Sara H. Gomes

The House Doctor
29 Ward Ave.
Chris S. Black

HOLYOKE

B & C Cleaning Services
12 Evergreen Dr.
Brent Lavigne

Contemporary Auto Sales
63 Shawmut Ave.
Stephen Stathis

Flamingo
319 High St.
Sinung Yi

Kentucky Fried Chicken
2241 Northampton St.
Michael Houston

Tony’s Radiator Shop
84 North Bridge St.
Alan Barthelette

VK Restoration
92 Race St.
Vitek Kruta

LUDLOW

Alegria Dance & Fitness
658 Center St.
Debra Nunes

Jeffrey’s Suit Rack
287 East St.
Jeffrey Clemons Sr.

Lavoie Development Corporation
733 Chapin St.
David Lavoie

NX2 LLC
656 Center St.
Armando Nunes

NORTHAMPTON

DeLong Construction LLC
76 Bancroft Road
Edmund Lennihan

Hampshire Sheriff’s Office
205 Rocky Hill Road
Robert Garvey

Pine Street Publishing
10 Pine St.
Fred Contrada

Red Thunder Audio
20 Highland Ave.
Ezra Teboul

Retro Service
26 Strong Ave.
Jeanne Mulvey

Valley Green Feast
PO Box 632
Maggie Shar

Yankee Mattress Factory Inc.
104 Damon Road
Joseph Noblit

SPRINGFIELD

Metro Chrysler Jeep Dodge
484 Boston Road
Metro Auto Sales

Omega Provision
21 Garvey Dr.
Jose E. Hernandez

Organic Apparel
122 Mooreland St.
Yazmarie Quinones

Paula’s Porch Catering
207 Nottingham St.
Vivian L. Hatwood

Proex Physical Therapy
1150 Hall of Fame Ave.
Michael J. Mulrenan

Torres Painting
37 Castle St.
Juan Torres

Valley Automotive Inc.
160 Taylor St.
John Lizak

Your Way Catering
156 Chalmers St.
Bernard J. Carriere

Youth Urban Multimedia
1809 Roosevelt Ave.
Tammy Sharif

WESTFIELD
Egerton Home Improvements
44 Prospect St.
Ethan Egerton

Spring Hill Properties LLC
246 Russellville Road
Wayne Cowles

WEST SPRINGFIELD

Affordable Home Improvement
533 Elm St.
Pavel Pauasyuk

Cleaning Connection
76 Elmwood Ave.
Nathan Grenon

Great Plains Transportation
92 Great Plains Road
Dennis Koshechko

I Home Installations LLC
33 Angeline St.
Ray Auger

La-Prestiges Salon and Spa
533 Union St.
Yelena Ivanov

MCL Mechanical Services Inc.
26 Kelso Ave.
Marc C. Lichwan

TD Bank
969 Riverdale St.
TD Bank

Westside Check Cashing
205 Elm St.
JMT Check Cashing Inc.

BANKRUPTCIES

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

Arcand, Deborah L.
88 Whittier St.
Springfield, MA 01108
Chapter: 7
Filing Date: 06/06/12

Bacigalupo, Richard J.
Bacigalupo, Elsa M.
324 Spring St.
Athol, MA 01331
Chapter: 13
Filing Date: 05/31/12

Belcher, Valadia C.
18 Vassar St.
Springfield, MA 01109
Chapter: 7
Filing Date: 06/06/12

Bergeron, Beverly A.
1583 Riverdale St.
West Springfield, MA 01089
Chapter: 7
Filing Date: 06/06/12

Berkshire Yard Works
Dolan, Nicholas B.
Dolan, Neesha M.
a/k/a Cole, Neesha M.
2326 Jacobs Ladder Road
Becket, MA 01223
Chapter: 7
Filing Date: 06/11/12

Bernat, Maureen
PO Box 366
Bondsville, MA 01009
Chapter: 7
Filing Date: 05/31/12

Bickel, Floyd Norman
45 Lake Ave.
Orange, MA 01364
Chapter: 13
Filing Date: 06/11/12

Bonafila, Laurie A.
95 Corey Road
Springfield, MA 01128
Chapter: 7
Filing Date: 05/31/12

Brea, Juan O.
P.O. Box 6225
Springfield, MA 01101
Chapter: 7
Filing Date: 06/15/12

Broughton, Christopher D.
15 Lawndale St.
Springfield, MA 01108
Chapter: 7
Filing Date: 06/11/12

Caliendo, Erika
198 Leland Road
Becket, MA 01223
Chapter: 7
Filing Date: 06/11/12

Canning, Clay K.
Canning, Kimberly J.
203 Pheland Ave.
Springfield, MA 01109
Chapter: 7
Filing Date: 06/12/12

Carter, Edward Charles
60 Jeanne Marie St.
Springfield, MA 01129
Chapter: 7
Filing Date: 06/02/12

Casamento, Deana M.
183 Parkedge Dr.
Feeding Hills, MA 01030
Chapter: 7
Filing Date: 06/13/12

Chartier, Kathleen H.
29 Chartier Dr.
Chicopee, MA 01020
Chapter: 7
Filing Date: 06/12/12

Chateauneuf, Jeffrey P.
Chateauneuf, Sheila M.
84 Cherryvale St.
Chicopee, MA 01020
Chapter: 13
Filing Date: 06/08/12

Consolati, Christopher M.
25 Putnam Ave.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 06/08/12

Corbett, Terras I.
837 Partridgeville Road
Athol, MA 01331
Chapter: 7
Filing Date: 05/31/12

Davidson, Theodore Z.
Davidson, Susan M.
P.O. Box 45
Goshen, MA 01032
Chapter: 7
Filing Date: 06/06/12

Dellea, Janet L.
2 Crossway St.
Lee, MA 01238
Chapter: 7
Filing Date: 06/05/12

Dunbar, Charles Thomas
25 Hartford St.
Chicopee, MA 01020
Chapter: 13
Filing Date: 06/11/12

Ewing, JR
P.O. Box 872
Chicopee, MA 01014
Chapter: 7
Filing Date: 06/06/12

Fellows, William C.
Fellows, Joy A.
22 Fowler St.
Westfield, MA 01085
Chapter: 7
Filing Date: 05/31/12

Figueroa, Samuel
8 Meadowbrook Lane
Palmer, MA 01069
Chapter: 7
Filing Date: 06/15/12

Flanagan, Michael J.
Flanagan, Miranda
13 Dexter St., Apt. 2
Holyoke, MA 01040
Chapter: 7
Filing Date: 06/15/12

Flap Jack Willie’s Restaurant
Holmberg, William G.
P.O. Box 764
Warren, MA 01083
Chapter: 7
Filing Date: 06/02/12

From Hair On
Rosazza, Elizabeth Ann
P.O. Box 203
Granby, MA 01033
Chapter: 7
Filing Date: 05/31/12

Gardner, Sandra M.
a/k/a Madden, Sandra M.
193 Elberon Ave., Apt. 4G
Pittsfield, MA 01201
Chapter: 7
Filing Date: 06/11/12

Gutierrez, Luis E.
Gutierrez, Maria E.
201 Locust St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 06/06/12

Hebert, Donald P.
Hebert, Joan L.
120 Glendale Circle
Ware, MA 01082
Chapter: 7
Filing Date: 06/05/12

Henriques, Marino
525 Chicopee St.
Chicopee, MA 01013
Chapter: 7
Filing Date: 06/06/12

Hess, John P.
Hess, Susan E.
91 Deepfield Road
Springfield, MA 01118
Chapter: 7
Filing Date: 06/12/12

Hills, Beverly D.
a/k/a Schwartz, Beverly D.
49B Crown St.
Westfield, MA 01085
Chapter: 7
Filing Date: 06/12/12

Imme, Nicole M.
845 Wilbraham Road
Springfield, MA 01109
Chapter: 7
Filing Date: 05/31/12

Jones, Richard A.
224 Berkshire Ave.
Springfield, MA 01109
Chapter: 13
Filing Date: 06/04/12

Kasperek, Christopher Paul
Kasperek, Karen Marie
306 Barry St.
Feeding Hills, MA 01030
Chapter: 13
Filing Date: 06/04/12

Knas, Matt J.
Knas, Teresa
202 Parker St.
East Longmeadow, MA 01028
Chapter: 13
Filing Date: 06/11/12

Kowach, Lou Ellen
10 Paula Ave.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 05/31/12

LaClair, Jeremy Adam
71 Lakeview St.
Southwick, MA 01077
Chapter: 13
Filing Date: 06/04/12

Lafleur, Debra Jean
25 Kendall St.
Chicopee, MA 01020
Chapter: 7
Filing Date: 06/14/12

Lake, Kimberly Y.
88 King Arthur Dr.
Becket, MA 01223
Chapter: 7
Filing Date: 05/31/12

Lane, Heather S.
42 Tilda Hill Road
Florida, MA 01247
Chapter: 7
Filing Date: 06/12/12

Lange, Stephen R.
PO Box 73
South Barre, MA 01074
Chapter: 7
Filing Date: 06/13/12

Laplante, Carole M.
a/k/a Stone, Carole M.
a/k/a Dauplaise, Carole
54 Stimson St.
Palmer, MA 01069
Chapter: 7
Filing Date: 06/11/12

Lasky, Paul L.
P.O. Box 837
Great Barrington, MA 01230
Chapter: 7
Filing Date: 06/06/12

Lenox, Dianne M.
127 Vadnais St.
Chicopee, MA 01020-3026
Chapter: 7
Filing Date: 06/01/12

Leon, Maria C.
a/k/a Leon, Maria Del Carmen
6 Lionel Benoit Road
Springfield, MA 01109
Chapter: 7
Filing Date: 06/08/12

Lessard, Eileen M.
168 Groveland St.
Springfield, MA 01108
Chapter: 7
Filing Date: 06/05/12

Liverseidge, Mary
2 Sutton Place #10
Agawam, MA 01001
Chapter: 7
Filing Date: 05/31/12

Lockett, Dessie R.
30 Marshall St.
Springfield, MA 01109
Chapter: 7
Filing Date: 06/13/12

Lucien, Jean W.
Lucien, Guilene
53 Sherbrooke St.
Springfield, MA 01104
Chapter: 7
Filing Date: 06/11/12

Lussier Plumbing
Lussier, Richard Leon
Lussier, Beverly Jean
1 Marlboro Road
Holyoke, MA 01040
Chapter: 7
Filing Date: 05/31/12

Maclachlan, Tracy Dawn
101 Sylvester St.
Springfield, MA 01109
Chapter: 7
Filing Date: 06/02/12

MacNeal, Karen L.
25 Thomas St., Apt. 21
Westfield, MA 01085
Chapter: 7
Filing Date: 06/06/12

Majka, Daniel E.
Majka, Danielle M.
93 South Maple St.
Westfield, MA 01085
Chapter: 7
Filing Date: 06/15/12

Marte, Josefina
130 Hastings St.
Springfield, MA 01104
Chapter: 7
Filing Date: 06/06/12

Matney, Donna M.
PO Box 317
Warren, MA 01083
Chapter: 7
Filing Date: 06/14/12

Meade, Kathryn M.
61 Orlando St.
Feeding Hills, MA 01030
Chapter: 7
Filing Date: 06/01/12

Molinari, Lynne
99 Champlain St.
Indian Orchard, MA 01151
Chapter: 7
Filing Date: 06/11/12

Monday, Debra C.
a/k/a DeRose, Debra C.
P.O. Box 418
Ludlow, MA 01056
Chapter: 7
Filing Date: 06/04/12

Murphy, Michael S.
28 River St.
Palmer, MA 01069
Chapter: 7
Filing Date: 06/15/12

Niemiec, David A.
Niemiec, Karen M.
5 Gloria Dr.
Southwick, MA 01077
Chapter: 13
Filing Date: 05/31/12

O’Connor, Richard Bruce
O’Connor, Margaret Diane
323 Green River Road
Greenfield, MA 01301
Chapter: 7
Filing Date: 06/07/12

Osl, Miriam
70 Chestnut St.
Springfield, MA 01103
Chapter: 7
Filing Date: 06/15/12

Pagan, Haydee
57 Farnum Dr.
Holyoke, MA 01040
Chapter: 7
Filing Date: 06/07/12

Pasini, Robert M.
111 Lumae St.
Springfield, MA 01119
Chapter: 7
Filing Date: 05/31/12

Paul, Christine A.
258 Oakham Road
Barre, MA 01005
Chapter: 7
Filing Date: 06/10/12

Perreault, Brian H.
Perreault, Jennifer A.
22 Stone Road
Royalston, MA 01368
Chapter: 7
Filing Date: 06/10/12

Quinn, Garald E.
45 Pulaski St.
Ware, MA 01082
Chapter: 7
Filing Date: 06/05/12

Ramos, Rigoberto
185 Leyford Ter.
Springfield, MA 01108
Chapter: 7
Filing Date: 06/06/12

Richard, Kelly L.
470 Porter Road
East Longmeadow, MA 01028
Chapter: 7
Filing Date: 06/05/12

Rivera, Maria E.
40 James St.
Springfield, MA 01105
Chapter: 7
Filing Date: 06/06/12

Rock, Dawn M.
a/k/a Puduski, Dawn M.
140 Union St., Apt. 15
Westfield, MA 01085
Chapter: 7
Filing Date: 06/01/12

Rock, James M.
140 Union St., Apt. 15
Westfield, MA 01085
Chapter: 7
Filing Date: 06/01/12

Rodriguez, Edward
28 Oliver’s St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 05/31/12

Rodriguez, Maria D.
101 Lowell St., Apt. 3
Springfield, MA 01107
Chapter: 7
Filing Date: 06/06/12

Rodriguez, Yavi
101 Beacon Ter.
Springfield, MA 01119
Chapter: 7
Filing Date: 06/14/12

Rowley, Andrea L.
12 Renny Ave.
Southwick, MA 01077
Chapter: 13
Filing Date: 06/15/12

Salgado, Edith
415 Hillside Ave.
Holyoke, MA 01040
Chapter: 7
Filing Date: 06/06/12

Sanchez, Roberto
1632 Carew St.
Springfield, MA 01104
Chapter: 13
Filing Date: 06/08/12

Sanders, Carrie A.
166/168 West Main St., Apt 7
Orange, MA 01364
Chapter: 7
Filing Date: 05/31/12

Sinico, Shannon
135 Christian Hill Road
Great Barrington, MA 01230
Chapter: 7
Filing Date: 06/05/12

Songini, Marie E.
80 Dawes St.
East Longmeadow, MA 01028
Chapter: 7
Filing Date: 05/31/12

Soto, Jasmin M.
138 Jasper St.
Springfield, MA 01109
Chapter: 13
Filing Date: 06/11/12

Spooner, Ruth A.
118 Eagleville Road
Orange, MA 01364
Chapter: 7
Filing Date: 06/08/12

Stearns, Pamela J.
8 Carter St.
Palmer, MA 01069
Chapter: 7
Filing Date: 06/13/12

Stewart, Gregory M.
98 Turnpike Road
Turners Falls, MA 01376
Chapter: 13
Filing Date: 06/04/12

Sullivan, William F.
Sullivan, Mary A.
40 Porter St. Apt. 289
Granby, MA 01033
Chapter: 7
Filing Date: 06/15/12

Uribe, John F.
2 Belden Court, Apt. W-2
Agawam, MA 01001
Chapter: 7
Filing Date: 06/08/12

Veremchuk, Peter
44 Sprague St.
West Springfield, MA 01089
Chapter: 13
Filing Date: 06/01/12

Vorce, Bernice E.
67 Mechanic St.
Orange, MA 01364
Chapter: 13
Filing Date: 05/31/12

Walker, Cynthia J.
28 Country Club Heights
Monson, MA 01057-9514
Chapter: 7
Filing Date: 06/05/12

Walker, Mark A.
1424 Main St.
Palmer, MA 01069
Chapter: 7
Filing Date: 06/06/12

Wallace, Terrence A.
Wallace, Charlene L.
64 Mooreland St.
Springfield, MA 01104
Chapter: 7
Filing Date: 06/11/12

Wetherell, David C.
71 Coes Hill Road
Southwick, MA 01077
Chapter: 7
Filing Date: 05/31/12

Winn, Charles J.
Winn, Helen J.
a/k/a Main, Helen L.
86 Colonial Dr.
Athol, MA 01331
Chapter: 7
Filing Date: 05/31/12

Wyllie, James C.
12 Wenonah Dr.
Ludlow, MA 01056
Chapter: 7
Filing Date: 06/08/12

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.

CHICOPEE
DISTRICT COURT
TBF Financial, LLC v. JSLC Corp., and Sandra and Joseph Marlin
Allegation: Breach of lease agreement: $21,378.06
Filed: 6/15/12

HAMPDEN
SUPERIOR COURT
Aaryn Blain v. Porterhouse Media
Allegation: Breach of contractual agreement: $25,000+
Filed: 5/8/12

Country Development Corp. v. Colorful Creations Bead Co. Inc. and Patricia and Stanley Pawlowicz
Allegation: Breach of lease agreement: $77,643.88
Filed: 5/2/12

Jenco Property Maintenance Services v. ITT Power Solutions d/b/a Exelis
Allegation: Breach of contract for snow plowing: $450,000
Filed: 5/18/12

John J. Walczak v. Turley Publications
Allegation: Breach of contract: $25,000
Filed 5/31/12

Michelle Michaels v. Superior Oxygen Systems Inc. and Inova Lab Inc.
Allegation: Failure to pay promissory notes: $150,000
Filed: 5/23/12

Rafal Lasiuk v. Liquor Town
Allegation: Action for monies had and received, unjust enrichment, and fraud: $96,817.50
Filed: 5/11/12

Shawntell Lee Waldon, administratrix of the estate of Aaron Lavanta Waldon v. Helsant Inc. d/b/a LACE
Allegation: Careless and improper security and maintenance at Club 418, causing wrongful death: $500,000+
Filed: 5/16/12

HAMPSHIRE
SUPERIOR COURT
Eclipse Manufacturing Inc. v. Gillespie Corp.
Allegation: Non-payment of monies loaned: $60,000
Filed: 5/23/12

Felix Perez v. Anthony’s Dance Club
Allegation: Negligent hiring and supervision, causing personal injury: $40,000
Filed: 5/15/12

R.E. Laplante Construction Inc. v. Harold L. Eaton Associates Inc.
Allegation: Breach of contract to supply land survey: $25,000
Filed: 5/29/12

NORTHAMPTON
DISTRICT COURT
American Express Bank FSB v. Pitt-singer P&H and Donald R. Pittsinger
Allegation: Non-payment on previous judgment: $10,759.23
Filed: 5/27/12

Constellation Newenergy Inc. v. Stop n’ Save
Allegation: Non-payment of services rendered: $8,342.50
Filed: 5/17/12

Eastern Brothers, LTD, d/b/a Black River Produce v. Sunflower Inc., d/b/a Green Street Café and John A. Sielski
Allegation: Non-payment of goods sold and delivered: $10,666.94
Filed: 6/14/12

Santa Buckley Energy Inc. v. Volkswagon of Northampton
Allegation: Non-payment of services and goods: $7,016.38
Filed: 6/1/12

WESTFIELD
DISTRICT COURT
Cach, LLC v. Daval Home Services Inc. and Keith G. Roy
Allegation: Breach of credit-card agreement: $16,840.11
Filed: 5/25/12

Environment and Engineering Sections
MassDEP Program Will Recycle Organics for Clean Energy

The Massachusetts Clean Energy Results Program (CERP) is an innovative, first-of-its-kind new program that was launched in November 2011 by the Department of Environmental Protection (MassDEP) and the Department of Energy Resources (DOER). The program is designed to maximize the combined resources of both agencies to better advance the siting and successful implementation of renewable-energy and energy-efficiency projects.
A key goal of CERP is to promote an increased capacity in the Commonwealth for anaerobic digestion (AD) — a process that breaks down food and other organic material to produce a renewable biogas (largely comprised of methane). This biogas is then combusted to generate electricity and heat. Just over a half-year from launch of this new program, the agencies are making great strides toward this goal.
Diverting commercial organic wastes (such as vegetable waste from farms, food processers, grocery stores, institutions, and restaurants) from the waste stream and converting them to a useful fuel has many significant benefits. Removal of these materials from the waste stream saves them taking up limited capacity in the state’s landfills.
In addition, because Massachusetts has some of the highest solid-waste disposal rates in the country (ranging from $60 to $90 a ton, nearly double the national average), recycling organic material for reuse can considerably offset disposal costs for the businesses that generate these materials. Furthermore, producing renewable biogas from anaerobic digestion is a sustainable, renewable energy solution. Active capture and use of methane from the breakdown of organic material reduces emissions of greenhouse gases and diminishes our dependency on fossil fuel.
MassDEP is working with DOER, the Mass. Department of Agriculture, the Mass. Clean Energy Council, and the U.S. Environmental Protection Agency to ensure that, by 2020, the Commonwealth is generating 50 megawatts of electricity from this renewable source — up from the fewer than 10 megawatts being generated now. These partners also have a goal of diverting 350,000 tons per year of organic material from landfills and incinerators to anaerobic digestion and other organics-processing facilities; organic material represents more than 25% of the total amount of waste currently being thrown away in Massachusetts.
MassDEP and its partner agencies have identified specific steps to increase diversion of organic material for productive reuse via anaerobic digestion and other processing facilities. Those actions include streamlining and clarifying regulatory requirements, increasing diversion of food waste at large businesses and institutions to ensure a supply of material for anaerobic digestion, and encouraging appropriate siting of more anaerobic digestion projects across the Commonwealth.

What’s Next?
MassDEP is in the final stages of amending its solid-waste regulations to facilitate significant expansion of the state’s capacity to process and recycle source-separated organics and other recyclable materials. Concurrent amendments to regulations governing municipal wastewater-treatment plants will allow those facilities to accept appropriate source-separated organics for AD processing, which will in turn boost their energy production and reduce their operating expenses. The agency has been working with stakeholders to address the thoughtful comments received on draft regulations earlier this year, and MassDEP’s final AD regulations are expected to be published by this fall.
In addition, agencies have made great progress conducting a preliminary evaluation of sites on public lands that may be well-suited for new anaerobic-digestion facilities. We have narrowed the sites to a manageable list of eight, and are meeting with the state Division of Capital Asset Management, agency heads, and host communities to talk about the feasibility for siting these demonstration projects.
Massachusetts has already made significant progress in diverting organics from the waste stream and has been a leader in working with commercial generators of organics on building an infrastructure for collection. Over the past decade, MassDEP has worked extensively with major supermarket chains in Massachusetts, and as a result more than 300 of the 600 supermarkets are diverting organics (produce and breads) from disposal for compost at nearby farms. MassDEP has also worked with a number of other business sectors that generate significant quantities of food waste to help them establish diversion programs. Sectors with active diversion programs include hotels, colleges and universities, convention centers, hospitals, and large restaurants.
Given the importance of diverting organic materials away from landfills and into beneficial renewable energy, the Commonwealth will soon be proposing adding commercial organics to the other materials currently banned from landfills and incinerators.
The Patrick-Murray Administration seeks to put all of these pieces together so that, before too long, all commercially generated organic waste is diverted from disposal and processed through AD to harvest the renewable fuel source.
In many European countries, large-scale anaerobic digestion of organic waste has proven successful in the creation of jobs, improving energy independence, stimulating economic growth, and being an important component of the renewable-energy strategy. Through the combined efforts of DOER, MassDEP, and other key stakeholders, Massachusetts is leading efforts to make this a reality in the Commonwealth.

Kenneth Kimmell is commissioner of the Mass. Department of Environmental Protection.

Commercial Real Estate Sections
Pittsfield Strives to Generate Interest in Business Park at GE Site

Above, the GE Pittsfield Works in 1946. At top, an aerial shot of the portion of that same property that has become the William Stanley Business Park.

Cory Thurston says the name William Stanley Business Park was chosen to recognize the power of innovation, in this case the work of an inventor credited with, among other things, the development of the induction coil, or transformer.
Stanley, a long-time engineer with Westinghouse, created his prototype in 1886, in Great Barrington, but his concept, which made it possible to spread electric service over a wide area, would most dramatically change the landscape — and in many different ways — in nearby Pittsfield. It was there that he started the Stanley Electric Manufacturing Co., the venture eventually purchased by General Electric and later renamed the GE Pittsfield Works, a sprawling large-transformer-manufacturing complex that, at its height in the 1960s, employed more than 13,000 people.
Today, Thurston, executive director of the Pittsfield Economic Development Authority (PEDA), is hoping that innovation can again transform this property near Silver Lake more than a quarter-century after GE announced that it was closing the massive plant. The 52-acre business park, created on roughly a dozen various-sized parcels, transferred to the city by GE in recent years, officially opened in early June with a ribbon-cutting ceremony at the Mountain One Financial Center in a corner of the property off East Street.
The facility, a 6,735-square-foot, LEED-certified structure dominated by glass, is catching the attention of the city and the region, said Thurston, who is confident that it will also capture the imagination of the business and development communities, and eventually help repopulate the mostly barren acreage with a broad mix of businesses.
“It showed the naysayers, who didn’t believe anything would ever happen here, what can be done,” he explained, adding that the quick timeline for the project — it was announced in April 2011, ground was broken that August, and construction was completed on March 30 — demonstrates how the city is committed to making things happen on the property.
Moving forward, one possible catalyst for redevelopment could be a planned 20,000-square-foot life-sciences building, said Thurston, adding that the venture could be funded through a $6.5 million earmark granted to Pittsfield as part of the Commonwealth’s Life Sciences Bond Bill.
Intended as a stage-two facility for companies looking for room to get to the next stage, the 20,000-square-foot center would be a facility that could house and foster the kind of innovation that gave the park its name.
Beyond that initiative, though, the park could become home to anything from retail to light industrial; from green-energy ventures (there’s already a 1.8-magawatt solar power array on the property) to municipal facilities.
“We’re optimistic,” said Thurston. “Typically, in the Northeast, 70% of your economic development comes from within, from expansion of companies in the market already. We’re focusing quite a bit on making sure that our existing businesses have opportunities to grow, while we’re also looking at other options such as government facilities.”
There are a number of challenges involved with redeveloping the former GE complex, said Thurston, listing everything from the stigma attached to brownfield sites, even though this one has been cleaned, to competition in the form of perhaps 1 million square feet of former mill space in Berkshire County vying for the attention of startups and established businesses alike. But he is optimistic that the park can soon become a center for both innovation and jobs, as it was decades ago.
“We believe that this is a model for cooperative remediation and redevelopment efforts across the country,” he told BusnessWest while looking over a large aerial photograph of the GE complex taken decades ago. “There is enormous potential here.”
For this issue and its focus on commercial real estate, BusinessWest ventured to Pittsfield to learn how officials there hope to transform the landscape in this section of the city and, in some ways, have history repeat itself.

Current Events
Thurston said it’s difficult to quantify or even qualify the impact GE’s operation had — and still has — on the city.

This view from the northeast shows some of the vast open space now available for redevelopment with the transfer of the former GE property to the city of Pittsfield.

“Let’s just say GE made Pittsfield,” he told BusinessWest, adding that the manufacturing complex certainly contributed to the social and economic fabric of the community. But there was considerable controversy as well, especially in the form of environmental contamination involving land at the site, Silver Lake, and the nearby Housatonic River (GE agreed to pay $250 million to clean it up). Meanwhile, the demise of the transformer plant also led to years of economic struggle, outmigration (many young people left the city when GE did), and ongoing, often-painful efforts to reinvent and diversify the city’s economy.
And part of that reinvention is the redevelopment of the property on which Stanley Electric and then GE operated for close to a century, a project that has been ongoing for more than 13 years now and is defined by both challenges and opportunities.
Fast-forwarding through the years since a definitive economic-development agreement between GE, the city, the Environmental Protection Agency, and other parties was inked, Thurston said the 52 acres now under PEDA’s control have been remediated and transferred to the city for redevelopment. The pace of progress has often been frustratingly slow — the last parcels were not transferred until earlier this year — but significant momentum has been generated in recent months.
Standing outside the front door of PEDA’s office on Kellogg Street, which has a commanding 360-degree view of the site, Thurston hit the highlights. Pointing to his far right, toward Silver Lake, he referenced the solar installation completed by Western Mass. Electric Co. in 2010, as well as Mountain One’s project.
Turning to his far left, he pointed out a large 16-acre parcel on which several GE buildings once stood. It is, to the best of Thurston’s knowledge, the largest open, developable (“unimpeded” was the word he chose) tract in Pittsfield, and land that could be subdivided any number of ways to suit the needs of developers.
And, sweeping his hand to the right, he pointed out Woodlawn Avenue and the now-closed bridge (built in 1906) over the railroad tracks that run through the middle of the complex. The street, formerly a private way that bisected GE’s plant, will be repaired and made a public road, and a new bridge will be constructed by the state, said Thurston.
“This will hopefully be a real catalyst for our rebuild,” he said, noting that the site, hemmed in by residential neighborhoods and narrow, winding side streets, will need a secondary form of access in the form of an open Woodlawn Avenue to reach its full potential. “Finishing up these key infrastructure pieces is very crucial for us and our ability to put a large manufacturing facility or retail center that employs a large number of people on one of these sites.”
As he talked about that process, Thurston said the plan has several basic components, all designed to increase awareness of the site and its many amenities, and then bringing prospective tenants to PEDA’s door.
At present, the city is conducting some target marketing, while also working to connect with a host of public and private partners on the project, he continued, noting that this constituency includes a number of players.
Cory Thurston, seen in front of a map of the new business park

Cory Thurston, seen in front of a map of the new business park, says the site has amenities that could attract ventures from across several sectors of the economy.

For starters, there are state agencies that assist businesses in efforts to expand or relocate within the Commonwealth, he noted, listing the Mass. Office of Business Development and the Mass. Alliance for Economic Development, among others. There are also regional agencies such as the chambers of commerce serving the Berkshires, as well as 1Berkshire, which exists to stimulate new job growth and economic opportunity in the region by sparking collaboration between artists, designers, cultural institutions, and businesses.
Meanwhile, another potential partner, and major asset, as Thurston described it, is CSX Corp., which has a rail line that runs through the middle of the site and, with Woodlawn Avenue, creates four sectors of redevelopment.
“We’re working with their economic-development team to identify rail-friendly tenants that might be interested in an opportunity in downtown Pittsfield,” he explained. “They’re in a large growth mode, and rail service could be an important factor in drawing people to this site.”

Watts Next?
PEDA and these various partners have what Thurston considers a very salable product, one with amenities attractive to businesses in a variety of sectors.
At the top of this list is developable land that is in many cases ‘shovel-ready,’ a technical term used to describe land that is clean, fully permitted, and, as the phrase suggests, ready for a shovel.
Other parcels don’t quite fit that description, said Thurston, listing that aforementioned 16-acre parcel, for example, which has elevation changes and old foundations as the primary but still minor challenges to be overcome.
Another amenity, he told BusinessWest, is location, which is driven home in promotional aerial photographs of the site that prominently feature Crystal Lake and the nearby Berkshire mountains.
Beyond scenery, though, Pittsfield is located roughly halfway between Albany and Boston, said Thurston, and thus could be an attractive option for emerging technology and life-sciences companies operating or doing business in both markets. There is also the Berkshires’ still-affordable high quality of life, he went on, adding that this mix of selling points should turn some heads.
However, there are some challenges as well, including an economy still in recovery mode, that aforementioned stigma about brownfield sites, especially one with such a high profile, and a huge glut of former mill space in Pittsfield and surrounding communities that offers an attractive alternative to business owners, and one that usually carries a lower price tag than new construction.
“We’re confronting the same challenges being faced from a manufacturing and industrial perspective across the Northeast,” he explained. “New construction is difficult, and we have a lot of wonderful facilities in Pittsfield and across Berkshire County, like some of the old paper mills that have been repurposed, where businesses can grow and expand; there’s a lot of competitive real estate that still stands.”
But overall, Thurston believes the business park is the proverbial right place at the right time, and he thinks the planned life-sciences building is a potential-laden project that could drive that point home, while also creating some potential future tenants.
As currently conceived, the center would go beyond a typical incubator, providing next-stage companies with the shared lab space, broadband capacity, and other amenities needed to make that jump to where they’re ready to begin production and take on employees.
“This would be a nice, low-cost, quality-of-life facility that they could move their venture to and continue their growth and development,” he said, adding that the next phase in the project is convincing the state to release the earmark, a process that is already underway. “We want to create something new and exciting in Pittsfield.”
Overall, PEDA will be patient with the broad redevelopment process, said Thurston, adding that, in every way possible, it will “leave its options open.”
That sentiment applies to everything from potential reuses — the site has been mentioned as home to everything from retail complexes to municipal facilities, including a new courthouse and police station — to individual parcels.
Indeed, while it is likely that the 16-acre parcel mentioned earlier will be subdivided, PEDA will not do that until options for one larger user have been explored and exhausted.

Getting Amped Up
While it’s extremely unlikely that the former GE site will again be home to 13,000 jobs, said Thurston, the business park created there has vast potential to again play a lead role in shaping the economy of Pittsfield and the surrounding area.
What that shape will be is anyone’s guess, he noted, adding that it will take years to fill in the canvas.
But the process is well underway, momentum is building, and there are clear signs that this facility can live up to the name it’s been given.

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

Chamber Corners Departments

AMHERST AREA CHAMBER OF COMMERCE
www.amherstarea.com
413-253-0700
• Aug. 15: Chamber After 5, 5-7 p.m., at the Amherst Brewing Co, 10 University Dr., Amherst. Join us for the debut of Live United 365 brew. Help the United Way of Hampshire County and network with chamber members at the same time. Admission: $5 for members, $10 for non-members.

CHICOPEE CHAMBER OF COMMERCE
www.chicopeechamber.org
(413) 594-2101
 • July 18: Summer Sizzle, 4:30-7:30 p.m., at the Chicopee Moose Family Center, 244 Fuller Road in Chicopee. This year’s theme is a Mexican Fiesta. More details to come. Sponsored by Freedom Credit Union and United Bank. Cost: $20 for members, $25 for non-members.
 
GREATER EASTHAMPTON CHAMBER OF COMMERCE
www.easthamptonchamber.org
(413) 527-9414
• July 27: The 28th Annual Golf Tournament (sold out), at Southampton Country Club. Check in is at 8 a.m., with a shotgun start at 9. Would you like to donate a raffle prize and/or to the golfer’s gift bag? Contact the chamber with your raffle prizE or gift donation.

GREATER HOLYOKE
CHAMBER OF COMMERCE
www.holycham.com
(413) 534-3376
• Aug. 15: Chamber After Hours, 5-7 p.m. Hosted and sponsored by Hamel’s Creative Catering at the Summit View Banquet and Meeting House, 555 Northampton St., Holyoke. Admission is $10 for members, $15 cash for non-members.
• Aug. 22: Summer Salute Breakfast, 7:30-9 a.m., at the Yankee Pedlar, 1866 Northampton St., Holyoke. Cost is $20 in advance, $25 at the door.

QUABOAG HILLS
CHAMBER OF COMMERCE
www.qvcc.biz
(413) 283-2418
 • Aug. 25: Community Celebration 2012, 10 a.m.-4 p.m. Join Life’s Memories & More and the Collaborative for Community Health for a day of community celebration. Crafters, artisans, and vendors will be on hand with a bounty of great items to view and purchase. Enjoy musical entertainment. Get a henna tattoo or treat yourself to one of the collaborative services like chair acupuncture, chair massage, or Reiki, and try some delicious food. For more information, contact [email protected] or call (413) 283-4448.

THREE RIVERS
CHAMBER OF COMMERCE
www.threeriverschamber.org
(413) 283-6425
• Aug. 6: Monthly meeting of the Three Rivers Chamber of Commerce, 7-8 p.m. at the chamber offices, 2376 Main St., Three Rivers. This meeting is open to the public.
 
WEST OF THE RIVER
CHAMBER OF COMMERCE
www.ourwrc.com  
(413) 426-3880
 • July 18: Chairman’s Luncheon. WRC’s chairman and executive committee invite members to join them for lunch to discuss WRC activities, network, and discuss how WRC can bring greater value to its members.
• July 19: Economic Development Committee Meeting. This committee meets to address how WRC can enhance the economic development of Agawam and West Springfield. If you would like to join this committee, e-mail [email protected] for more information.
• Aug. 1: Education Committee Meeting. This committee meets to address how WRC will support and promote educational activities within Agawam and West Springfield. If you would like to join this committee, e-mail [email protected] for more information.
• Aug. 1: Wicked Wednesday, West of the River Chamber of Commerce After Five.
• Aug. 20: 9th Annual Golf Tournament at Springfield Country Club. Proceeds will go toward the WRC Educational Fund, which supports the Business Education Grant Program and student scholarships for Agawam and West Springfield Students. To register or for more information, contact the chamber at (413) 426-3880 or at www.ourwrc.com.

GREATER WESTFIELD CHAMBER OF COMMERCE
www.westfieldbiz.org
(413) 568-1618
• July 18: Board of Directors Meeting, 8-9 a.m. in the President’s Boardroom at Westfield State University.
• August 1: Fund Development Committee Meeting, 8-9 a.m. at Air Compressor Engineering, 17 Meadow St., Westfield.
• August 8: Executive Committee Meeting, 8-9 a.m., at the Boys & Girls Club of Greater Westfield, 8-9 a.m.
 
YOUNG PROFESSIONAL SOCIETY OF GREATER SPRINGFIELD
www.springfieldyps.com  
• July 19: July Third Thursday, Great Lake Escape, 5-8 p.m. at Louie B’s Restaurant, 101 Point Road, Southwick. A sampling of Bud Light Lime will be provided by Williams Distributing. This event, as always, is free for for YPS members and $10 for non-members, and will include food and a cash bar.

Construction Sections
Eastern General Contractors Raises the Bar for Community Involvement

John Murphy Jr., with account administrator Bonnie Moynihan

John Murphy Jr., with account administrator Bonnie Moynihan, who has been with the firm for 24 years.

When John Murphy Jr. was young, he wanted to become a musician or pilot. And although the founder, president. and CEO of Eastern General Contractors Inc. in Springfield did not end up pursuing either of those careers, he has spent the past 40 years orchestrating complex construction projects that often involve dizzying heights.
“We do anything that’s vertical,” Murphy said as he talked about jobs his full-service construction company has completed, such as building air-traffic control towers in Worcester, Cape Cod, New Haven, Conn., and Westover Air Reserve Base in Chicopee, as well as many high-rise buildings. EGC just finished replacing the siding on six hangars at Westover, which are so high that he had to bring in a crane from Missouri to reach 150 feet into the air to handle the work.
The majority of EGC’s projects are public-sector in nature, with many undertaken for the federal government, and Murphy’s employees work throughout New England. But the company is grounded in Springfield, and both he and his staff spend many weekends engaged in volunteer work that ranges from building handicap ramps and installing elevators in local churches to a complete renovation of the Dunbar Community Center in Springfield and maintaining the cottages and buildings at Camp Atwater, a summer camp for boys and girls in North Brookfield, which they’ve done for 20 years.
In fact, Murphy believes successful businesses have a responsibility to give back to their communities. “The late economist Mark Friedman once said, ‘there is one and only one social responsibility of business, and that is to use its resources and engage in activities designed to increase profit,’” he told BusinessWest. “But we subscribe to a different value system. Although we certainly set the highest bar in corporate ethics, it reaches far beyond dollars and cents. Our company is not just a money-making machine or a balance sheet; it is a human enterprise run by caring people who understand the impact of the work we do in our immediate community.”
Murphy likes to fly under the radar, but has received so many accolades and plaques commemorating the volunteer work his company does that they line the walls of his office as well as the rest of the building.
Mayor Dominic Sarno gave him a key to the city in recognition of his work, and he has been feted in Boston as well as Washington, D.C. for those volunteer efforts. But he doesn’t like fanfare, and the interview he agreed to do with BusinessWest was the first since he established his company.
Still, he takes pride in the fact that EGC provides jobs for local people and serves as a flagship for community involvement. “We will continue to find innovative ways to forge ahead in that direction,” he said, recounting local projects as well as a scholarship association he started with a friend that awarded $500,000 to deserving high-school seniors in his hometown of Ridgeland, S.C. “There is so much that is needed, so we do what we can.”

History of Success
Murphy said he was introduced to both construction and social responsibility during his youth.
“My father was a handyman, and we built things together; I thought it was interesting,” he said, adding that his parents spent their weekends doing volunteer work and always took him along “to help someone.”
Before starting his own business, he spent 10 years working in production control at Hamilton Standard in Windsor Locks, Conn., which made aircraft parts. He said the responsibility he had there played a role in his later success in the construction business.
“There were 1,200 parts in a jet-fuel control, and I had to do all of the coordination required to build them,” he said. “When I began building homes, it seemed simple, as there were only about 30 components to keep track of.”
Murphy opened a construction firm he called Eastern Home Builders and Developers, and began building single-family homes while he was still employed at Hamilton Standard. The business took off quickly, and Murphy left Hamilton Standard when it became too overwhelming to work two full-time jobs.
During the ’80s, his company built a number of single-family homes in Springfield under the federal Housing and Urban Development Section 235 program, which allowed qualified families to purchase them with a $200 down payment.
As word of the quality work he did began to spread, Murphy received repeated recognitions, which included being named Contractor of the Year in 1987 and 1988 by the Small Business Administration.
When the government discontinued the HUD program, he switched his focus to historic preservation and high-rise projects, and changed his business moniker to Eastern General Contracting Inc.
The most challenging job the company has undertaken was a recent $6.5 million renovation of the four-story Whaling Museum in New Bedford. “Everything inside had to come out. It was challenging because the museum is on a corner and we couldn’t touch the exterior,” Murphy explained.
The company removed the roof, then began disassembling the building piece by piece, floor by floor, until they reached the basement. However, everything had to be labeled and saved so it could be put back inside when the renovation work was complete.
“There were planks used in the original construction that had been shaved with an axe that we had to take out in one piece,” Murphy said. “We had someone stationed inside the building with a radio who had to communicate to the crane operator outside because the person operating it couldn’t see what needed to be done inside. It was very challenging.”
Another difficult project involved installing five elevators in a 28-story library at UMass Amherst. “When we got to the 28th floor, we had to use a helicopter to put the equipment inside. The wind was blowing, and the opening was only four feet wide, so we had to make sure everything was dropped in exactly right,” Murphy said, explaining that renovation is challenging to begin with “because when you open up a wall, you don’t know what is behind it.”
The company recently finished a renovation of the historic Fanueil Hall in Boston. “We removed the moldings, the ceiling tiles, the window sashes … and everything had to go back in the way it came out,” said Murphy. “It was extremely challenging, but I like to see the finished product and be able to say, “I did that.”

High Stakes
Murphy said he likes to continually raise the bar for himself and his employees.
“Turning a vision into a multi-million-dollar reality is a lofty goal that many people aspire to, but precious few achieve,” he said. “I began by setting a goal, and once I reached it, I continued to set another, then another. You have to look at where you came from and where you are, at as well as the obstacles you have to jump across to move forward. I always say, ‘I am pleased, but not satisfied, because I think we could do more.’”
So they do whatever is needed and take pride in their accomplishments. “I tell my employees repeatedly that we have to be three times better to be considered half as good, and as long as we have that philosophy, we will be successful,” Murphy said. “People hire us because we save them time, worry, and money.”
The majority of his employees have been with him for at least two decades and share his philosophy of giving back to the community. “They often ask me what we’re doing on the weekend,” he said.
Their 20-year history of volunteerism at Camp Atwater began after it closed. “It was in great need of repairs and someone asked me if I could help,” Murphy said. Over the years, he built a laundry there and renovated a kitchen and recreation hall. In addition, “I took my crew there, and we built five cabins, supplying the labor and materials.
“I really believe in giving back,” he continued, adding that, at one point, his staff built a cottage at the camp from the ground up, finishing it in one day. “People were running all over, but we got it done,” he said. “When we do a project, we try to accelerate everything and do whatever it takes to make the customer happy.”
EGC still maintains a cottage at the camp which is used as a recreational building for staff members. The camp named it ‘the Murphy’ after him, but, again, it was not an honor he wanted.
Still, the donations, labor, and materials ECG has provided for nonprofits is remarkable, and requests for help continue to pour in. So, in recent years, Murphy has had to pick and choose carefully how to spend his resources.

Bottom Line
EGC’s portfolio is substantial, but Murray said his employees are his most valuable asset. He has 31 full-time staff members and about 50 field employees.
“We are a family, and I appreciate the support I get from them as well as their honesty, loyalty, and integrity,” he said. “For many years, we have produced quality products in a timely and cost-effective manner, while providing jobs for members of our community and contributing to funds that keep our local, city, state, and federal governments up and running.
“We will continue to find innovative ways to forge ahead in the direction of larger building contracts and enhancing the community services we provide for free,” Murphy went on. “But our proudest goal will continue to be the success of our families and the success of the families around us.”

Construction Sections
High Performance Computing Center Touts Energy, Security Innovations

The MGHPCC, which will open along the canals in Holyoke this fall.

The MGHPCC, which will open along the canals in Holyoke this fall.

For John Goodhue’s father, it took a tour through the Massachusetts Green High Performance Computing Center to understand exactly what goes into housing — and protecting — computers.
“When my dad toured the center,” said Goodhue, the center’s executive director, “he came out the other end and said, ‘I finally get it! It’s not about computers; it’s about bringing electricity in and creating a lot of heat and then removing that heat from the building.’”
Bingo.
Of course, that has been just one of the challenges — albeit a critical one — of preparing the MGHPCC to open in Holyoke later this year. The $95 million facility is a joint venture between UMass, MIT, Harvard University, Boston University, and Northeastern University, as well as technology giants EMC Corp. and Cisco Systems Inc., to create a high-tech research center.
To create that all-important cooling effect, the facility will use a continuous water loop in and out of the building. A chilling system will cool the water, which will then be pumped into air-conditioning units placed beside the computers; the heat generated by the equipment will then be exhausted outside, and the process begins again. Constantly.
“The cooling took an enormous amount of effort,” Goodhue said, explaining that the two major techniques used for the process involve air and water, respectively. After six weeks debating which technique to use, architects and builders decided on the chilled-water option. “And we’re bringing it quite close to the computers; for every two racks full of computers, right next to them is a little air-conditioning rack. It takes water into it and cools the air around the computers, and takes the water out.
“Water is actually much better at carrying heat and absorbing heat than air is,” he continued. “A very small volume of water, relatively speaking, can carry the same heat as a much larger volume of air, and it’s one of things that allows us to run the center more efficiently. The cooling system really allowed us to cool these computers that are very, very hot. Some machines pack a considerable amount of electronics into a very small space, and we have to be extra vigilant about cooling — and water is better at doing that.”
But that raises challenges regarding energy efficiency — another goal of the computing center’s leaders. Meanwhile, designers were also faced with protecting sensitive equipment and data from more than heat, so decisions about building security were high on the priority list as well.
For this issue, BusinessWest delves into some of these questions, and how the MGHPCC is proving to be an innovative facility long before going online this fall.

Green for a Reason
From the start, the Holyoke center was designed to be energy-efficient, Goodhue told BusinessWest. “One of the things that drew us to Holyoke is that the power came principally from renewable energy. Holyoke Gas & Electric generates 70% of its power from renewable sources — primarily the dam, but it also has the largest solar array in the state, and also has ideas about adding other resources to their portfolio.”
Holyoke’s dam on the Connecticut River generates hydroelectricity that is then sold to industrial users for about 8 cents per kilowatt hour, compared to a state average of more than 12 cents, according to the U.S. Energy Department.
That’s good, because data centers tend to suck up a lot of energy — partly because they never shut down, partly because of the power the equipment uses. “There has been a trend in recent years toward operating computers and servers at higher and higher temperatures,” Goodhue noted.
In fact, according to a 2011 Stanford University report, data centers account for about 2% of the nation’s energy consumption, and many use electricity generated by coal-fired power plants, not exactly a clean energy source. Because of its power supply and design, the MGHPCC is expected to use at least 25% less energy than the typical data center.
Goodhue said the computing center has applied to be a Leadership in Energy and Environmental Design (LEED) project, aiming for Gold status — the second-highest accreditation — from the national recognition program run by the U.S. Green Building Council.
“Again, that’s by paying attention to hundreds of details, from how we manage stormwater to the white reflecting roof; from what landscaping materials we use to the chemical basis for our paints,” he explained, noting that the paint must not contain what are known as volatile organic compounds, or VOCs; when breathed in, these are not acutely toxic, but can cause long-term health effects.
“There are dozens of small things that, taken individually, add up to a very different way of designing and building this center, so that it has a much lower environmental impact,” Goodhue continued. “The good part about it is, people have thought very carefully about the environmental impact, so you don’t have to reinvent the wheel — just follow the best practices you know, none of which are crazy or over the top. They just make good design sense.”

The Springfield Data Center, currently under construction on the former Technical High School site.

The Springfield Data Center, currently under construction on the former Technical High School site.

Some of the same focus on energy efficiency is evident at the Springfield Data Center (SDC), set to open in 2013 on the site of the former Technical High School. The facility will be one of the state’s two primary data centers, backing up and supporting the Massachusetts Information Technology Center in Chelsea.
New York-based Skanska USA, the contractor for the SDC, has also incorporated a number of energy-efficient elements in aiming for Silver certification under LEED. “This is one of the most energy-efficient buildings of its type in the United States right now,” said Steve Eustis, senior vice president and project executive for Skanska.
The design includes selecting materials that are energy- and water-efficient and incorporates ‘daylight harvesting,’ which uses sensors in the lighting system to shut off the lights when there is sufficient daylight; 90% of the occupants will have daylight views. The roof will be also be a reflective white, and HVAC systems were designed with energy conservation in mind. In fact, the air-conditioning system that cools the computers will capture the waste heat and reuse it.

Securing the Data
Of course, protecting computers from heat damage while keeping energy costs low is only one balancing act a data center must perform. Another is keeping data private while not hindering the ability of the facility’s users to conduct and share their research.
“Security is of critical importance. If you’re doing medically oriented research, for instance, you might have sensitive patient data in the center, and it’s very important to protect that,” Goodhue said. “At the same time, this is a research center, and it’s very important to give people as much flexibility as possible to share data.
“So we have these two conflicting constraints, and we handle that in two ways,” he continued. “One has to do with the physical infrastructure. There are maps that label every room as a security zone, with relatively small lists of people who are allowed to go into each room in the building, and that drives our keycard-access system. Your ID will let you inside doors and won’t let in others.
“So, if you’re an electrician servicing the transformer,” he went on, “you probably don’t need to go into the computer room, so that person’s card will let him into the transformer room and maybe one or two other adjacent rooms. Similarly, if you’re operating a computer in the computer room, you probably have no business hanging around the transformers.”
The other element is how networking is handled, Goodhue continued.
“Every institution that uses the facility — Harvard, MIT, UMass, and so forth — already has well-developed methods of protecting data when it flows across their networks,” he said. “So, imagine that, on the floor, there’s one network that we’ve arranged so it’s an extension of the MIT campus network, and one we’ve arranged as an extension of the Harvard campus network, and so on. Each exists here in parallel universes; they don’t see each other, but are kept separate. If you’re at MIT, you can think of the building as just another building on campus, but farther away, and BU folks can see it the same way.
“That gets you the protection,” he noted. “So how do you get flexibility?”
For that, the center uses what Goodhue called a “meet-me switch,” which allows two or more users from different networks to exchange data. “Again, it’s the balance between access and flexibility and making sure the data is protected and controlled.”
In addition, each rack of computers has its own set of keys, so only authorized people can access each one. “This isn’t like the movies where you see these places with barbed wire and armed guards and so forth,” he said. “We are a high-tech facility, and we’re very careful about protecting it, but we’ll put on a slightly friendlier face than what you see in the movies.”

Little Things
Goodhue said the MGHPCC will open on time and under budget, but that’s far from the only positive aspect of it.
“People often ask me, ‘what’s one unique thing about the data center that makes it the best in some way?’” he told BusinessWest. “But there’s not just one thing. It’s lots of attention paid to literally hundreds of details that gets you there.”
And that’s when the real excitement — the research itself — begins.

Joseph Bednar can be reached at [email protected]

Banking and Financial Services Sections
How to Improve Your Minimum Adequate Rate of Success

Charlie Epstein

Charlie Epstein

If you are the owner of a company and you sponsor a qualified retirement plan, such as a 401(k), I’d like to ask you to consider the following scenario. Imagine you are about to board an airplane at Bradley International Airport. Your destination is Los Angeles. As you are checking in at the gate, the agent comes on the PA system and says, “ladies and gentlemen, I have an announcement to make. The captain and the FAA want me to let you know that there is an 85% chance that this plane will not make it to your final destination on time and safely. Have a nice flight!”
Would you board that airplane? Of course not! Why? There is not a minimum adequate rate of success (MARS) for you to feel comfortable that you will get to your destination on time and safely.
Let me ask you another question: what is the MARS of your company’s 401(k) retirement plan? What is the minimum adequate rate of success that all of your employees will arrive at their final destination (retirement) with an adequate percentage of replacement income? Will they arrive at their retirement destination on time and safely, with enough money to generate a ‘paycheck for life’ to pay for all the things they desire to do when they retire? What percentage of your employees will have replaced an adequate percentage of their current income (i.e. approximately 70% to 90%, adjusted for inflation) at their retirement age? Do you even know?
A reporter at the Dallas Morning News recently interviewed me for a story on the pending employee-fee-disclosure regulations. The reporter read an article I wrote, in which I stated that the majority of retirement expenses have already been available for participants both on their Web site and on their statements. I also noted that while some of the disclosures will be new, the majority of 401(k) participants won’t even notice or care. I went on to tell the reporter that the Department of Labor’s emphasis on fee disclosure and transparency misses the bigger issue — employees need to save more money, not save more on expenses.
Now, don’t get me wrong. Saving on expenses is a good thing, but not the most important factor when it comes to creating paychecks for life through your company’s retirement plan. Study after study has shown that actually increasing your contribution percentage by 1% more per year is six times more valuable than saving 50% of 1% in expenses.
Plan sponsors and advisors need to educate participants on the need to save more money. How much more? To start with, a minimum adequate rate of savings for an employee to successfully accumulate enough money by retirement age is 10%. The average savings rate in America’s 401(k) plans currently stands at a dismal 3% to 4%. The 10% savings rate should be the starting point by which you, the plan sponsor/fiduciary, can begin to benchmark your 401(k) plan’s MARS. Hold your advisor accountable to help you measure this success rate each year, and begin moving the dial by getting employees to save more.
The onus cannot be entirely on your employees. You can (and must) do more to encourage this higher rate of savings by integrating automatic features into your plan:
• Automatic enrollment at a rate at least equal to your company match. If you have a 50% match on the first 6% of pay that employees contribute, then begin the automatic-enrollment feature at 6% of pay. It’s simple. As soon as employees become eligible to participate in your 401(k) plan, they are automatically enrolled at 6%. If they want to opt out, they can. The Vanguard Group and other large providers like Fidelity have done studies showing that 70% of employees who are automatically enrolled stay in the plan at the rate they were enrolled.
• Automatic increase. As an entrepreneur, you know the power of ‘incremental success.’ Every day, you work incrementally to improve the quality of your products and services to increase incrementally your margins and profits. There is no overnight success. It takes a long-term commitment to work every day to improve your business model.
The same can be said of saving for retirement. You don’t get rich overnight. The turtle usually wins the race, one slow step at a time. If the goal is to get a larger percentage of your employees saving 10%, it will not happen overnight. It takes time. However, employees need the support and structure in place to help get them there. This is why adding the automatic-increase feature to your retirement plan is so critical.
If, for example, employees have been automatically enrolled at 6%, then (with the automatic-increase feature) each year employees’ contributions will be automatically increased by 1%. In four years, they will be saving the magic 10% and well on their way to creating a paycheck for life. Similarly, studies show that 70% of plan participants do not opt out of the automatic-increase feature. They don’t actually miss the 1% in their paychecks. With ongoing education on the benefits of incrementally increasing savings by 1% each year, employee success rates will increase.
If your motivation for establishing a 401(k) plan is to provide a valuable benefit to your employees, then you may want consider if the value is truly there. I believe the best way to gauge that value is by focusing on employee success, which you can do by evaluating what your plan’s current success rate is for each employee and what your new MARS benchmark and goal will be going forward.
Getting your retirement plan to MARS won’t be easy and won’t happen overnight. However, neither was getting America to the moon! After President Kennedy announced in 1961 that we would put a man on the moon by the end of the decade, it took us only eight years to do it. If you announced that your company will have a minimum adequate success rate of 10% for 85% of all of your employees by the end of the decade, you can make it happen. You can set in motion all sorts of unforeseen positive forces that will jet-propel a larger portion of your employee population to arriving on time and safely with a paycheck for life at their retirement destination.

Charlie Epstein is the author of Paychecks for Life — How to Turn Your 401(k) into a Paycheck Manufacturing Company (www.paychecksforlife.org). As America’s 401(k) Coach, he has been nominated one of the top 100 Most Influential Individuals in the 401(k) Industry by 401k Wire Magazine. He has trained more than 2,000 advisors across the country on how to create greater success for plan sponsors and plan participants; (413) 478-8580; [email protected]

Banking and Financial Services Sections
Some of the Old Rules May Not Apply When it Comes to 2013
Jim Barrett

Jim Barrett

By JAMES W. BARRETT, CPA/PFS, MST

Once tax filings are taken care of for the prior year, there is always the temptation to tuck current taxes away until the end of the year, when the tendency is to focus on tax strategies that can be executed quickly because of the short period of time remaining.
It would be prudent to take a moment before summer gets into full swing to focus on strategies that may take a little more time to implement but have the potential to reap significant tax savings.
Tax circumstances can change with a single event. Life events, such as marriage or divorce, the birth or death of a family member, retirement, relocation, or a job change, will generally alter your tax position, often dramatically.
Conventional wisdom is to avoid paying taxes for as long as possible by accelerating deductions and/or deferring income. But conventional wisdom may not apply in 2012. Two ominous tax clouds loom on the horizon for 2013, adding a significant level of uncertainty and reducing the value of traditional planning techniques.
The most broadly applicable change is the imminent expiration of the so-called Bush-era tax cuts. The scheduled arrival of the new 0.9% tax on earned income and 3.8% tax on investment income, enacted to pay for the 2010 health care legislation, also should not be overlooked.
We recognize that tax planning requires you to consider a series of unknown future events. Educated guesses and reasonable assumptions go a long way, but keep in mind that no tax strategy is final until the time for changing course has passed.

Planning in Times of
Tax-rate Change
Intentionally raising taxable income in the current year is contrary to the long-standing general guidelines to tax planning. Historically, tax planning has focused on accelerating deductions into the current year and deferring income into future years. But, with rates scheduled to increase, what has worked in years past may not produce the best tax outcome for the future.
The basic framework to help shape your overall income-tax planning in 2012 is as follows:
• If you expect to be in a higher income-tax bracket in 2013, consider accelerating income into 2012 and deferring deductions to 2013.
• If you are forecasting a lower income-tax rate in 2013, reverse the strategy: consider deferring income and accelerating deductions.
This year and going forward, keep in mind that the focus should always be on your marginal tax rate, the highest rate at which your last, or marginal, dollar of income will be taxed. Even though overall tax rates may rise in the future, if your income will be substantially lower in 2013 than in 2012, your marginal tax rate may decrease under the graduated-tax-bracket system.
It’s also important to keep in mind a couple of additional key income-tax concepts while mapping out tax techniques for 2012:

Alternative Minimum Tax:
In years you are subject to the alternative minimum tax (AMT), your deductions may be limited. If you anticipate being subject to AMT in either 2012 or 2013, consider timing those deductible expenditures limited under the AMT regime to maximize deductibility.
Standard Deduction:
If you expect to claim the standard deduction in either 2012 or 2013, shift itemized deductions into the year in which you will not claim the standard deduction to take full advantage of the deductions.

Rising Tax Rates
Individual income-tax rates are set to rise on Jan. 1 of next year to a top rate of 39.6%, a 13% increase over the customary rates in recent years. In addition, limitations on both itemized deductions and personal/dependency exemptions are scheduled to return for 2013, potentially raising the income-tax rate another three to four percentage points for taxpayers subject to these limitations.
Further still, dividends are set to once again be taxed as ordinary income in 2013. The 15% rate enjoyed on qualified dividends for a number of years could potentially become a 39.6% rate. The top tax rate on long-term capital gains is also set to increase by roughly one-third to 20%.

Provision 2011 2012 2013
Ordinary Income Rates 10.0% No Change 15.0%
15.0% No Change  15.0%
25.0% No Change  28.0%
28.0% No Change 31.0%
33.0% No Change 36.0%
35.0% No Change 39.6%
Long Term Capital Gains 15.0% No Change  20.0%
Qualified Dividends 15.0% No Change 39.6%
AMT Exemption – Single 48,450 33,750 No Change
AMT Exemption – Married 74,450 45,000 No Change

Unfortunately, the increasing rate news does not end here; since the Supreme Court did not overturn the health care legislation, the tax impact of the legislation begins in 2013.
Taxpayers with modified adjusted gross income above $200,000 ($250,000 on a joint return) will be subject to two additional taxes:

Hospital Insurance:
A 0.9% hospital insurance (HI) tax will apply to earned income, such as wages.
Unearned Income Medicare Contribution:
A 3.8% unearned income Medicare contribution (UIMC) tax will apply to investment income, including interest, dividends, and capital gains.

For taxpayers above the threshold, the impact of these two new taxes will be broad-reaching. With the addition of the UIMC, the top rate for long-term capital gains will rise by more than 50% to 23.8%, while the top ordinary income rate will rise by more than 15% to 40.5%.
Planning now may reduce the tax burden in years to come, and the timing and composition of earnings become critical. Potentially, a bonus from your company during 2012 instead of 2013 or a 2013 capital transaction accelerated into 2012 could save significant tax dollars. With uncertainty in these rates — and all tax rates this year — midyear may not be the time to initiate the transaction, but it is an ideal time to lay the foundation.
Although the new health care taxes apply to most types of earned (HI tax) and unearned (UIMC tax) income, the new taxes will not apply to retirement-plan distributions, IRA payouts, or tax-exempt income, such as interest from state and local government bonds.
Increases in tax rates are generally adverse for most taxpayers, but with increased rates comes increased value in your deductions, making this a great year to strategize with your tax adviser about the best timing for your deductions.
Here are some 2012 and 2013 planning points to consider if the new health care taxes go into effect Jan. 1, 2013:

Mind the Income Threshold: If you expect that your 2013 modified adjusted gross income (MAGI) will be close to, or just above, the $200,000 (single filer) or $250,000 (joint filers) threshold, you may be able to avoid the HI and UIMC taxes by accelerating income into 2012. The UIMC tax applies only to taxpayers who have both net investment income and MAGI above the threshold amounts.
Adjust Your Investment Portfolio: Seek out investments that produce tax-exempt or tax-deferred income, such as non-dividend growth stocks, tax-deferred annuities, and state or local government bonds. Since it may take time to realign your portfolio, you may want to start well in advance of Jan. 1, 2013.
Spread the Gain:
Installment reporting spreads the investment income from the gain on a sale over a period of years, reducing MAGI and deferring recognition of the investment income. However, electing out of installment reporting in 2012 results in gain recognition before the higher tax rates go into effect.
Transfer Investments to Family Members: Although your children’s investment income may be taxed at your marginal tax rate under the ‘kiddie-tax’ rules, an unmarried child is subject to the UIMC tax only if the child’s MAGI exceeds $200,000. You may be able to use a family limited partnership or other technique to spread some of your investment income among your children prior to Jan. 1, 2013.

Planning Your Estate and Gifts
Absent congressional action, the $5.12 million estate-tax exemption and current top tax rate of 35%, in place for 2012, will revert to a $1 million exemption with a top tax rate of 55% beginning Jan. 1, 2013. Moreover, the estate-tax exemption will no longer be portable between spouses.
With the lifetime gift exclusion also at $5.12 million for the rest of 2012, there exists what could be a once-in-a-lifetime opportunity to transfer significant assets to the younger generation without incurring any wealth transfer taxes. On Jan. 1, 2013, the lifetime gift-tax exclusion is scheduled to revert to $1 million.
Along with the high gift-tax exemption, the generation-skipping transfer-tax exemption is also $5.12 million during 2012. So the door is open to bypass children and defer the impact of estate taxes for many years into the future.
It’s uncertain where the estate-tax exemption and tax rates will end up in future years. And with the expiring provisions, it’s a good idea to review your plan to ensure that it is up to date.
Legislation proposed in Congress limiting valuation discounts attributable to minority interests or lack of marketability also potentially affects wealth transfer. The tax cost of gifts could increase should the changes be enacted.
Since these rules have not yet gone into effect, planning potential remains. Before transferring interests in family businesses or family limited partnerships, consult with your tax adviser to discuss potential tax and valuation pitfalls.
The gift-tax annual exclusion remains at $13,000 per donee, or recipient, for 2012. With gift splitting, spouses can transfer up to $26,000 to each person before the lifetime gift-tax exclusion comes into play.
Gifting techniques you may want to consider this year include:
• Outright gifts to family members;
• Transfers to family members through a family limited partnership; and
• Transfers in trust, including irrevocable life-insurance trusts, defective grantor trusts, and charitable trusts.
Following are a series of other tax-planning opportunities to consider:

Timing of Payments
Reviewing your withholding and planned quarterly estimated tax payments now provides the flexibility to adjust payments to limit or prevent penalties and manage cash flow.
Underpaying your taxes over the course of the year will subject you to underpayment penalties, which can be reduced or eliminated by increasing your withholding or quarterly estimated tax payments. A quirk in the penalty rules treats withholding, even if it occurs late in the year, as if it had been taken evenly throughout the year, making it a powerful planning tool for individuals.
On the flip side, why remit payment too soon when you can invest those funds until April 15, 2013? As long as you will not be subject to an underpayment penalty, consider holding on to your cash as long as possible by cutting back on your withholding or lowering your remaining quarterly estimated tax payments.

Retirement Funding
You can reduce your current tax obligations and help save for your retirement in a tax-efficient manner by contributing to a tax-qualified retirement plan. Qualified plans provide tax deferral — or tax avoidance, in the case of Roth accounts — on earnings until you receive distributions.
The earlier you make the contribution, the sooner your tax-deferred or tax-free earnings begin. If you already have a retirement plan in place, consider funding it as soon as possible to allow funds to start growing now.
To qualify for a tax deduction in 2012, your retirement plan generally must be in place before the end of the year. Exceptions are IRA and SEP (simplified employee pension) plans, which can be set up and funded through April 15, 2013.
Establishing a new retirement plan requires thoughtful decision-making. Small employers (generally those with 100 or fewer employees) that set up a qualified retirement plan may be eligible for a tax credit of up to $500 per year for three years. The credit is limited to 50% of the qualified startup costs.
The following contribution limits, along with the catch-up contribution limits for those 50 and older, apply for the 2012 tax year:

Limit Limit w/Catch Up
401(k) 17,000 22,500
IRA 5,000 6,000
Simple IRA 11,500 14,000
Self-Employed 50,000 55,500

Individuals with earned income, including alimony, are generally eligible to contribute to traditional IRAs. Claiming a deduction for your contribution is another matter. It depends on your income and whether you or your spouse is covered by an employer-sponsored retirement plan.
If neither you nor your spouse are covered by an employer’s plan, you may deduct your contribution to your traditional IRA. If you or your spouse are an active participant in an employer-sponsored plan, the deduction for your IRA is phased out at adjusted gross income (AGI) levels:

Filing Status  AGI Phase-out Range
Single 58,000 – 68,000
Married filing jointly 92,000 – 112,000
Married filing separately 0 – 10,000
Spousal IRA 173,000 – 183,000

 
Many taxpayers find the long-term benefits of contributing to a Roth IRA or a Roth 401(k) outweigh the short-term financial benefits of tax-deductible contributions. While Roth contributions are not tax-deductible, none of the income earned in the Roth account will have tax consequences unless there are early distributions, in which case penalties may apply. In addition, the Roth account is not subject to the required minimum distribution rules that apply when you reach age 70.
Eligibility to contribute to a Roth IRA depends on the amount of your income level. Contributions are allowed if your modified adjusted gross income for 2012 is between $110,000 and $125,000 for singles or between $173,000 and $183,000 for joint filers.
You can still roll your retirement savings from your traditional IRA or other qualified retirement plan into a Roth IRA. However, you must pay tax on the rollover amount. Unlike in past years, income limits no longer apply to Roth rollovers.
You might want to consider a Roth rollover in 2012 if you expect to be subject to the unearned income Medicare contribution tax in future years. Although distributions from a traditional IRA are not subject to the UIMC tax, taxable IRA distributions increase your modified adjusted gross income. If your MAGI exceeds the $200,000/$250,000 threshold, your investment income will be subject to the UIMC tax.
By rolling over your traditional IRA to a Roth IRA in 2012, you will recognize the additional income before the UIMC tax goes into effect. Once you have had a Roth IRA account in place for five years, future distributions from the Roth IRA will be non-taxable and will not increase your modified adjusted gross income.
If you own a business, you may be able to avail yourself of a defined-benefit type of retirement plan. These plans often allow higher retirement contributions than other types of plans. The higher retirement benefit must be weighed against the additional cost of providing comparable retirement benefits for your employees.

Charitable Contributions from IRAs
The tax rule allowing those over age 70 to make charitable contributions from their IRA without the need to include the distribution in income expired at the end of 2011. Making these contributions directly was generally advantageous because it didn’t raise the contributor’s income for limits on itemized deductions and certain phaseouts.
Although Congress has a track record of reinstituting expired tax provisions and applying them retroactively, it is certainly not guaranteed. If you are confident that you want to make the donation regardless of the tax treatment, you can still transfer the contribution directly from your IRA to the qualified charity. If Congress decides to retroactively reinstate the donation rule, the transfer will be excluded from income just as under the pre-2012 rule.
If Congress does not reinstate the rule, any charitable donation made from your IRA will be treated in the same manner as a donation made from any other source. The distribution from the IRA will be recognized as income, and the contribution will be included on your return as an itemized deduction. While the deduction should offset the income, the benefit will not be as great as it would have been if the income had not been recognized in the first place.

Employee Health Plans
If you are not currently providing health coverage for your employees, a tax credit for small businesses may make the cost of purchasing this coverage more affordable. The maximum credit is 35% of the premiums paid by the employer.
To be eligible for the credit, the employer generally must contribute at least 50% of the total premium. The full credit is available for employers with 10 or fewer full-time equivalent employees (FTEs) and average annual wages of less than $25,000. Partial credits are available on a sliding scale to businesses with fewer than 25 FTEs and average annual wages of less than $50,000.

New Employees
Congress extended the Work Opportunity Tax Credit for employers that hire eligible unemployed veterans after Nov. 22, 2011 and before Jan. 1, 2013. The credit can be as high as $9,600 per veteran for for-profit employers or up to $6,240 for tax-exempt organizations.
The amount of the credit depends on a number of factors, including the length of the veteran’s unemployment before hire, the hours a veteran works, and the amount of first-year wages paid. Employers who hire veterans with service-related disabilities may be eligible for the maximum credit.
If you own a business and have children, consider putting them to work during summer vacation or after school. You will be able to deduct their wages as long as you make their pay commensurate with what you would pay a non-family employee for the same services. For 2012, they can earn as much as $5,950 and pay zero income tax. If they earn $10,950 and contribute $5,000 to a traditional IRA, they will also pay zero income tax.

Capital Expensing
Generous expensing rules apply to most non-real-estate assets acquired and placed in service during 2012. The expensing election limit under Section 179 is set at $139,000 if the total amount of qualified asset purchases does not exceed $560,000. The deduction is available for most business equipment, furniture, and off-the-shelf computer software.
There are limits to the Section 179 deduction, including a requirement that the deduction not cause or increase a taxable loss. But the 50% bonus depreciation election, also available through the end of 2012, can cause or increase a taxable loss.
The key to qualifying for these enhanced deductions is that the asset must be placed in service by Dec. 31, 2012. Just ordering or paying for the asset is not enough. Considering the time it may take to identify the appropriate equipment, obtain competitive bids, order the product, have it assembled and shipped, and then get it installed and operational, now may be the time to begin the acquisition process.
With tax rates on personal income scheduled to rise in 2013, those who operate businesses as S corporations, partnerships, LLCs, and sole proprietorships will have to consider carefully whether to take advantage of the enhanced business deductions available for assets placed in service during 2012. Particularly for assets with shorter depreciable lives, forgoing the enhanced deductions for 2012 may result in more tax savings in 2013 and later years.
No one can predict the future, and predicting future actions of Congress is particularly hazardous. Congress can — and all too often does — change the tax law at a moment’s notice.
Tax planning is an ongoing process. Saving taxes is generally a good strategy, but making a bad business, investment, or personal decision just to save some tax dollars is never a good strategy.

James Barrett is managing partner of Meyers Brothers Kalicka in Holyoke; (413) 536-8510; [email protected]

Departments People on the Move

Mark R. Tolosky

Mark R. Tolosky

Mark R. Tolosky, president and CEO of Baystate Health, was recently awarded the prestigious 2012 William L. Lane Hospital Advocate Award from the Mass. Hospital Assoc. (MHA) in recognition of his “exceptional leadership.” During his 20-year tenure at one of the largest health systems in New England, Tolosky has helped transform Baystate Health into one of the Top 15 health care systems in the country, as recognized by Thomson Reuters. Lynn Nicholas, president and CEO of the MHA, noted that Tolosky “has driven the transformation of the North End of Springfield into a vibrant ‘medical mile,’ constructing new facilities, creating jobs, improving the local community, and contributing to the economic development of the city.” Nicholas added, “under Tolosky’s leadership, Baystate Health and Health New England are also nationally recognized for top levels of quality and safety, most notably through advances made in clinical care, the adoption of health-information technology, and the development of team-based and patient-centered medical homes.” Each year at the association’s annual meeting, the MHA publicly acknowledges one senior hospital executive who exemplifies exceptional leadership and the characteristics to which all hospital and health system leaders should aspire. Tolosky was nominated by Richard B. Steele Jr., chairman of the Baystate Health Board of Trustees, and his senior leadership team at Baystate Health. “Mark sets a stellar example as a CEO who tirelessly advocates for improvement, inclusion, responsibility, preparation, taking the high road, and the importance of collaborative, positive relationships,” noted one letter in support of Tolosky’s nomination. According to Nicholas, it was the first time in the nine-year history of presenting the award that the MHA executive committee was unanimous in its selection.
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Eugene J. Cassidy

Eugene J. Cassidy became the seventh CEO of the Eastern States Exposition (ESE) in its 95-year history on June 27. He joined ESE as Director of Finance in 1993, and was named Executive Vice President and Chief Operating Officer in March 2011. He succeeded Wayne McCary, who retired June 26 after 21 years at the helm of the West Springfield institution. “The Big E is a balance of agriculture, industry, and entertainment all designed to move the core mission of the exposition forward while retaining the roots on which it was built,” said Cassidy. He is accredited as a certified fair executive by the International Assoc. of Fairs and Expositions (IAFE) and is actively involved as a member of the budget and finance and program committees. He is a frequent presenter at IAFE meetings on the local, regional, and national levels and served as program chair of the organization’s International Convention in Las Vegas in 2010. Cassidy began his career at KPMG Peat Marwick in Springfield. He then served as treasurer of Chicopee Cooperative Bank and Colonial Mortgage Co. and was assistant vice president of Park West Bank and Trust Co., all wholly owned subsidiaries of Westbank Corp.
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Andrea Robitaille, P.E., recently joined Tighe & Bond Inc. as a Project Engineer. She brings to that position eight years of professional experience with the firm’s expanding structural-engineering team. Robitaille has provided bridge design and inspection, construction design, and transportation-planning services for numerous clients and projects throughout New England.
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David Kalman, M.D. was recently promoted to President of Springfield Medical Associates, a multi-specialty group gractice with locations in Springfield and Enfield. Kalman has been a practicing gastroenterologist since 1927.
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Amy Royal

Amy Royal

Amy Royal, founding partner of Royal LLP, the Northampton-based woman-owned boutique, management-side labor and employment law firm, has been invited to speak at the ExecuSummit 7th Annual National Employment Practices Liability Insurance Conference at Mohegan Sun in Uncasville, Conn. in October. She will present on minimizing emotional-distress damages in employment-litigation claims.
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Danielle Nicklas

Danielle Nicklas

Danielle Nicklas, an attorney with the Springfield-based firm Cooley, Shrair P.C., has been appointed to serve on the Mass. Bar Assoc. (MBA) Health Law Section Council. Each council is charged with formulating and recommending policy and legislative positions, developing CLE program content for the MBA, and producing articles for Section Review and/or Lawyers Journal. Nicklas focuses her practice on the area of health law with a concentration in health care compliance, risk management, Start, and anti-kickback regulations.
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Kevin Hart

Kevin Hart

Holyoke-based Mohawk Communications announced that Kevin Hart has joined the staff as Director of Operations. Hart has more than 15 years experience in the telecommunications field, from high-end PBX systems, to fiber installation, to managing communication networks for mid- to large-sized businesses. He will be managing the customer service department along with the outside technicians and various other projects.

Education Sections
How the Tornado Helped Bring a School — and a Community — Together

Terry Powe

Terry Powe says the tornado that struck the Brookings School a year ago has helped provide a new sense of perspective for all those involved with the institution.

On the first day of school last August, a young girl pulled a broken chunk of slate from her pocket and showed it to Terry Powe.
“She told me it was a piece of our old school that she had found on the ground after the tornado and she kept it with her everywhere she went,” said the principal of Elias Brookings Elementary School in the Six Corners neighborhood of Springfield. “Her family had lost their home and was living in a shelter.”
The child was one of many Brookings families affected by June 1 tornado, which unleashed its fury on the neighborhood, destroying homes and businesses as well as the nearly century-old school.
Powe says it’s a miracle no one was hurt, as school was dismissed less than an hour before the twister hit the ground. “If it had been an hour later, there would have been deaths, and we would have needed grief counselors and still been in mourning,” she said, explaining that windows were blown out, walls collapsed, desks and furniture were strewn everywhere, and tree limbs and construction debris from nearby structures made the interior look like a war zone.
The girl with the slate is one of myriad anecdotes from the past 13 months that show, in rather dramatic fashion, how the school and the surrounding community has picked up the pieces — figuratively but also quite literally — and moved on, and with a renewed sense of commitment.
Indeed, while the tornado turned hundreds of lives upside down in that neighborhood, it has in many ways been a catalyst for the school’s rebound from poor performance ratings from the state and a feeling of being overwhelmed by the challenges being faced.
“People here see things differently now; everything has been put into perspective,” said Powe. “The tornado allowed everyone to take an inventory on life, realize the strengths we had, and put them into action. Since that day, everyone – including the children – has been working really hard and bringing their best efforts to school every day.”
Meanwhile, in the shadow of the boarded up school a modular facility has risen — a compelling story of triumph over adversity in its own right — and a new, $28 million school is being planned for a site at the corner of Hickory and Walnut Streets.
“The future is bright — so bright I might need sunglasses,” Powe said. “This really has been a blessing in disguise and allowed us to see how much care and thoughtfulness exists within different groups in the community.”
For this issue and its focus on education, BusinessWest visited Powe and others at the school to see and learn how a disaster gave all those involved with this institution a much-needed second wind.

Clouding the Issue
Powe has faced significant challenges since she was hired to run the Brookings school four years ago.
When she accepted the position, the school, named for a Civil War veteran and educator and opened in 1926, housed students in kindergarten through grade 8. However, officials decided to do away with the middle school classes and students in grade six, then seven and eight, began to be phased out.
The staff was still adjusting to the change when the Mass. Department of Elementary and Secondary Education named Brookings as one of the underperforming “Level 4” schools in the state. That’s the lowest level the state system has, and the designation required changes that included replacing 50% of the staff over a specific time line. In addition, the school day had to be lengthened by 45 minutes to give teachers more time to focus on areas where students had scored poorly on state tests.
“The designation gave us an opportunity to look at the root causes for performance and create a redesign plan to get back on track,” Powe said. “We implemented a plan without funding before the tornado hit and although we had some challenges, we did as much as we could to put it into action.”
It worked well, and prior to the tornado, the school had made significant gains; 25% of the staff members had been replaced, and although Brookings was still deemed underperforming, it had made double-digit gains in math and gained almost eight points in English Language Arts.
This year, thanks to additional funding, the school gained a new assistant principal and two additional coaches to help teachers hone their skills. “We have established a culture that we call the Brookings Way,” Powe said, adding quickly that change takes time.
However, she told BusinessWest that studies show that high-performing schools share three common traits — adaptability, cohesiveness, and a focus on goals, and all three are present, to one extent or another, at Brookings.
“Adaptation had been our lowest category,” said Powe. “In education, you have to look at the cards you are dealt and then play them, and our staff had had a really hard time playing those cards.”
And the tornado only shuffled the deck even further, she said, noting, however, that in many ways it has brought people closer together, provided fresh perspective on what’s important in life, and fostered a commitment to excellence that, in many respects, wasn’t there before the sky turned dark.

Winds of Change

Elias Brookings School Senior Custodian George Rollins

Elias Brookings School Senior Custodian George Rollins and adjustment counselor Gianna Allentuck say the tornado brought the school community together in a way that couldn’t have been imagined.

The day after the tornado, staff members assembled at two places: the school, where they worked to clear a path on the sidewalk, and at the Longmeadow home of adjustment counselor Gianna Allentuck.
Their first priority was to call every student to make sure they were safe. They then created a plan and took steps to kick off what would become a monumental collection effort for the 57 Brookings families that had lost their homes or been displaced.
The outpouring of support and donations was so substantial that Allentuck’s garage soon filled, so organizers staged a distribution program on July 1 in the J.C. Williams Community Center on Florence Street. They also held frequent distribution efforts outside the school, and students witnessed caring in action as their teachers stood outside throughout the summer, ready to share an encouraging word and a smile while handing out supplies that ranged from diapers to shampoo and underwear.
The staff members shifted their focus to collecting school supplies as the months went on and were astonished again by the outpouring of backpacks, crayons, and items students would need to return to classes. “My garage got so full, we had to rent storage space in Enfield,” said Allentuck, adding that the barrage of donations included stuffed animals, sleeping bags and towels, which necessitated a second major distribution effort.
Throughout the summer, staff members also visited families in shelters, hotels, and their homes to see how they were faring, and gave them donated items, while school nurse Pam Maynard did a tremendous amount of outreach.
The staff had also united to help the students finish the year in the days following the tornado. The children arrived at Brookings in the morning, then had to be bussed to two different schools depending on their grade, which meant many family members were split up.
“There were a lot of logistics involved and some of the younger kids were frightened,” said Allentuck. “It could have been chaotic, but the staff stepped up and made sure the children felt safe and loved. It was our finest hour.”

Moving Experience
In the meantime, school officials were working hard behind the scences to insure the children had classrooms to return to at summer’s end.
David Meehan, director of operations for Facilities Management in Springfield, said finding modular units, getting permits and assembling them in less than two months was a daunting challenge. “We did it in approximately 45 days; a project of this scope would normally take 90 days or more to complete,” he explained.
Rita Coppola-Wallace agreed. “A lot of people don’t realize the effort that goes into a project like this,” said the director of the Department of Capital Asset Construction in Springfield. “It took an extreme amount of coordination, but the vendors and city departments all rose to the challenge and did more than they needed. We literally pulled permits within hours, and everyone I called was phenomenal, from the contractor to the funding agencies.”
Thirty portable classroom structures, including 20 two-story units and 10 one-story units, were installed behind the old school on Hancock Street.
But there were unexpected setbacks. For example, right before the Fourth of July, water began gushing from the ground as workers set footings 30 feet into the ground. “They pumped water 24-7 for a week,” Coppola-Wallace said, explaining that the site is close to the Mill River. “It was a tough experience, but we had fun along the way. When people get hit by tragedies, their best side comes out.”
Meehan said Brookings senior custodian George Rollins played a major role in getting the job done on time. He worked close to 90 hours each week from the day following the tornado until school opened.
Rollins cares deeply about the school. It’s his alma mater, and he was determined to salvage everything possible from the old building, then do whatever it took to have the modular units ready for the children.
“At one point, we had 25 people cleaning furniture from the old building. We also had to coordinate getting teachers in and out of the building in the days following the tornado,” Rollins said, explaining they needed to salvage what they could from their classrooms, but could not stay inside long due to air- quality issues caused by the devastation.
“We put our heart and soul into this,” he continued. “It brought us together because we had to depend on one another. Everyone had to be cooperative and understanding, and even the kids had to give. They had to adapt to difficult circumstances, which for some included losing their homes.”
But stability seemed hard to come by, as the day Brookings was set to open, all Springfield Public Schools were closed due to an approaching hurricane, which downed trees, caused power outages, and wreaked its own devastation. And in the weeks that followed, there were myriad new adjustments as 25% of the staff was new hires and the modular units lacked a cafeteria, gym, and storage space.
But the community continued to step forward, and the spirit of cooperation and changes that took place within the school were remarkable.
Teachers held a book drive throughout the school year that proved so successful that each child was allowed to choose four books to keep at the end of the year. The school also staged a “Perfect Attendance Day” and due to community support, each student being honored received a $10 gift certificate. Allentuck said the numbers jumped from less than five with perfect attendance in February of 2010-2011 to 55 this year.
Staff members also began to pursue grant money that resulted in positive outcomes.
“This has been a year of celebration; even though I am a hopeful person, I never imagined we would be sharing the celebratory attitude that has been prevalent all year,” Allentuck said, adding that she doesn’t believe the transformation would have taken place without the tornado.

New School of Thought
Initially, the city hoped to save the 87-year-old school building, but a feasibility study determined that was not feasible. When the need for a new building became apparent, city officials approached Springfield College, because it owned a sizeable piece of vacant piece of land across Walnut street.
“It was not for sale, but they quickly jumped on board and were willing to become a partner,” Coppola-Wallace said. City officials are in the process of acquiring the land and plan to build a $28 million state-of-the-art school on it to replace the old building.
“I am very hopeful that we can finally get ahead of the game, because in the past the constants were always changing,” said Powe “We have stability now and I am looking forward to next year and the future in a new building.”
The day when that new school opens its doors is still a long way off, and there will no doubt be many challenges to overcome along the way.
But the tornado has fostered a new sense of resiliency at the Brookings School. All those involved, including the young girl with the slate, have picked up the pieces and shown that a disaster of this magnitude can destroy a building — but not dreams.

Sections Workforce Development
One-stop Career Centers Rely on Partnerships to Fulfill Their Missions

Executive director Rexene Picard

Executive director Rexene Picard says FutureWorks has made changes in the way the agency serves customers due to shifts in the economy and advances in technology.

When one-stop career centers began opening across the state 16 years ago, David Gadaire said, the mantra connected to them was “no wrong door.”
“The concept was one of universal access,” said the executive director of CareerPoint in Holyoke. “If someone needed to brush up on their skills, get help with writing a résumé, learn to network, or get more training, they could find it under one roof, whether they were a school-age person or an older worker.”
The concept was forward-thinking, but the funding was never in line with the complexity of need that job seekers brought to the table. Still, the problem wasn’t nearly as evident in the early years when the economy was flush.
“For the first few years we were open, 50% of the people we saw were employed,” said FutureWorks Executive Director Rexene Picard, explaining that many came to the center to brush up on skills or take a Saturday class.
Gadaire agreed. “In the beginning, we had enough resources. It was a different game then, and the funding we had supported people who needed to harness their skills,” he said.
FutureWorks and CareerPoint achieved national recognition in 1998 when they were selected as Career Centers of the Year by the National Alliance of Business.
“It was a tremendous honor, but the funding kept dissipating as the numbers grew,” Gadaire said. “We were originally chartered to serve 7,000 people a year, and last year we served between 14,000 and 18,000. The numbers have gone up steadily, and although they have plateaued in the last few years, it is only because our capacity is so overstretched.”
The unemployment office has a representative at both centers, and many people confuse the entities. But the former is run by the state, while the one-stops were established through competitive charters.
CareerPoint was chartered as a nonprofit and opened 16 years ago via a partnership that included the Greater Holyoke Chamber of Commerce, Holyoke Community College, the Department of Transitional Assistance, and the UMass Donahue Institute. “They joined together because there was a disconnect between the jobs that were available and the skills of the people available to fill them,” Gadaire said.
The story of FutureWorks is quite different. It was opened in 1996 as the first one-stop in the state by the Employment Training Institute in Ringwood, N.J., owned by Ken Ryan. Granting a charter to a private, for-profit corporation was controversial, but “it gave us a chance to think outside the box,” Picard said. “In the beginning, we said that what we did was not going to be about numbers, it was going to be about customer service. We had welcome centers and made people lifetime members. We could have fallen under the realm of social services, but we felt we were role models for job seekers and wanted to reinforce soft skills, so the center had the atmosphere of a business,” she told BusinessWest.
Although their evolution has been different, it soon became apparent that the needs of the people who came through the doors of both centers were complex, and the funding to help them was far from adequate. “In 1998 when the Workforce Investment Act was passed, the intent was that community partners would support the one-stops. But it never happened,” Picard said.
Still, they have found a way to meet a myriad of complex challenges. “We don’t tell our story well, and it’s a very impressive story,” said Gadaire. “But if 10,000 more people came to our door, I don’t know what we would do.”

Complex Situation
After CareerPoint received its award, it became even more committed to its mission, said Gadaire.
“Universal access meant we had to serve the older worker, the school-age person, professionals, and mid-level executives who found themselves out of work and needed to grow their skills, as well as people with a disability, those who had been incarcerated, homeless people, and individuals who didn’t have an education or didn’t speak English,” he explained. “All of those things required a more significant amount of time than the one-stops were prepared to address. But we realized that we were part of the answer for every one of those populations.”
Since the state did not have money to serve these subgroups, CareerPoint began writing grant proposals, seeking help from corporations and forming alliances with a wide variety of venues, such as the Hampden County Sheriff’s Office.
Today, it operates via seven or eight funding streams and grants that are continually changing. “We have a youth center due to six or seven grants, but we had to carve out a funding strategy,” Gadaire noted.
Finding sources of revenue is a constant struggle because the number of organizations looking to them for help continues to rise. “We’ve tried to create a marketing budget, but it keeps dwindling away. If the choice is marketing or helping a homeless person, the answer is obvious,” he said.
Although the agency initially provided free in-house training for businesses, it began to charge for those services. “We conduct sessions for businesses to help them manage their workforce. We’re giving a series of workshops right now to teach mid- to upper-level managers leadership skills — how to resolve problems, make their workers more productive, and avoid turnover,” Gadaire explained, adding that his organization is also set to launch a videoconference-training program to teach businesses how to conduct remote, face-to-face interviews, which he says will save them time and money.
Since the way people find jobs has changed, CareerPoint has two computer labs where people can become versed in new software and learn how to apply for jobs online. It also stages classes in networking, résumé writing, and a host of other topics related to finding employment.
When the one-stop center opened, it had 36 staff members, but that number has been reduced to around 30. However, it has compensated by forming alliances with many agencies and organizations. It has nine people from different agencies stationed within its office, and makes use of interns.
CareerPoint has also benefitted from countless hours of volunteer help from the Americorps Volunteers in Service to America program. VISTA volunteers have worked with youths involved with gangs as well as seniors, and include one volunteer who is the center’s information-technology manager. “We’ve also tried to build bridges with Westover Job Corps and agencies that offer veterans’ services,” Gadaire explained.
The agency’s staff members are so dedicated that, when they were told recently that two positions had to be eliminated, they offered to save them by taking a 10% pay cut for six months. Gadaire was against the idea, but finally agreed that everyone (including himself) would do it, and much to his surprise, it worked.
“These people are extraordinary; they believe in the community and want to make a difference,” he said. “But they are always exhausted, and I forever worry about burnout.”
Many sit on local nonprofit boards where they build partnerships. “Our partnerships are absolutely critical,” he said. “We are not experts in everything, but hopefully, if we do it right, we can expand our capacity. The community is better-served by our willingness to partner on just about every issue.”

Radical Changes
When FutureWorks opened, it was the only one-stop center in the state operated by a private company. Although profits were capped, Picard said many grassroots organizations and labor groups were upset that a private firm was operating with funds from the state and federal government.
So, in January 2002, after a series of meetings with then Springfield Mayor Michael Albano and Bill Ward, director of the Regional Employment Board of Hampden County, the owner agreed to turn over FutureWorks, with the caveat that it become a nonprofit agency. “The decision meant a lot in terms of restructuring,” Picard said, noting that the corporate headquarters of the Employment Training Institute handled the agency’s finances and human-resource issues.
“It was like starting a new company,” she said. “But having our own board of directors turned out to be one of the best things that happened; we had a very business- oriented team, and the community began viewing us differently.”
The change in status also allowed FutureWorks to pursue grants and funding unavailable to it as a private company. “We also began partnering with staff from other agencies,” Picard said.
One of its most profitable ventures was a shared contract that allowed the agency to work with welfare recipients in Hampden County. “We put more welfare recipients to work than in any other part of the state,” she said.
But despite such gains, the customer base continues to mushroom. “When we started, we saw between 3,000 and 5,000 people a year; last year, we served more than 16,000 individuals,” she noted, adding that FutureWorks consistently leads the state and serves more minorities, youths, and individuals with disabilities than any of the other career centers. “But in order to do so, we have had to look outward to other opportunities.”
These include a unique partnership with the Department of Revenue. The joint effort allows FutureWorks to work with non-custodial parents to help them get jobs so they can pay child support.
The program began as a pilot and expanded to include the family court system. In time, FutureWorks received a performance-based contract to extend the initiative. “It’s been a great program, and we have been told there is only one other place in the nation doing this. It’s in Tennessee, but we are unsure if we will be able to continue it,” Picard said, adding that they have not heard if their latest grant proposal will be extended.
Since Springfield is four times the size of Holyoke in terms of population, FutureWorks receives more funding than CareerPoint. But agency partners are equally critical to its ability to serve people and their on-site representatives. Those partners include Westover Job Corps, the Mass. Rehabilitation Commission, the Department of Education, the Resource Partnership, Hampden County Jail, the Mass. Commission for the Blind, the Commonwealth Corp., and state agencies such as the Department of Social Services and the Division of Employment and Training.
As the labor market has undergone change, FutureWorks has focused on health care and precision manufacturing, since those industries continue to experience growth.
The agency takes advantage of every opportunity, and was the second one-stop in the state to receive a national emergency grant related to a weather disaster. Picard said the Regional Employment Board received $3 million after the tornado on June 1, 2011 that allowed FutureWorks to hire people to do humanitarian work as well as clean-up, which in some instances led to full-time employment.
“We hired four staff people to administer the grant money; two focused on Springfield, and the other two focused on Monson and Brimfield,” Picard explained, adding that the agency has also deepened its link with Springfield Technical Community College.
“There is work taking place on both sides of the fence,” she said, adding that the agency has an STCC staff member on site.

Changing Tide
Gadaire said the one-stop career centers are opportunistic.
“Sometimes a program starts because we can easily fill a need, and sometimes the need has been there, and we finally find a way to fill it. But we don’t ever give up trying,” he said.
Picard agreed. “The one-stops have achieved a 50% rate of employment for the people they serve,” she said. “We’re here to give people hope.”

Golf Preview Sections
15 Years in the Making, Cold Spring C.C. Opens for Business

Fan Du

Fan Du says its was views from the top of the hill, like this one, that helped inspire her father to make the long-stalled Cold Spring Country Club a reality.

After a number of false starts and mis-steps, the long-awaited Cold Spring Country Club in Belchertown opened its fairways this spring. There has been the expected curiosity factor among regional players, getting the operation off to a solid start, but management understands that the key to success isn’t getting the attention of the golfing community — it’s holding it.

Fan Du says there was a great deal of buzz, or anticipation, that accompanied the recent opening of Cold Spring Country Club in Belchertown — and with good reason.
After all, this track, located just over the Ludlow line in a former apple orchard, has been more than 15 years in the making. Over that time, there have been several ownership groups involved, a well-chronicled foreclosure, and enough fits and starts to prompt the residents of that area to wonder if the vision would ever become reality.
“People have been waiting a long time for this course to open — there has been a lot of curiosity,” said Du, whose father, Sheng Du, a successful businessman in China and avid golfer, is the man responsible for resurrecting the project. He was able to look past the problems, she said, and focus on both the incredible views from the hilltop where the clubhouse was eventually constructed — and also the vast potential of the property to become home to a golf course and much more.
The challenge moving forward, said Bill Tragakis, head golf professional and club manager, is to maintain and build upon that buzz, and channel it into what will become a multi-faceted business venture, launched during a difficult time for the golf business in general and the economy as a whole.
But the requisite pieces are in place or on the drawing board, said Tragakis, adding that the highly anticipated golf course is merely the first one to fall into place. Others include the club’s 19th hole, a restaurant now open to the public that was launched with expectations that it could become a popular destination for residents of Belchertown and surrounding communities, as well as a large banquet facility to be located further up the hill and a housing component that has no timetable as of yet but will likely be commenced when that sector improves.

Bill Tragakis

Bill Tragakis says Cold Spring is off to a solid start with both memberships and public play, and it will need continued support for those constituencies to be successful.

The success of each of these specific ventures, as well as the larger development, will depend on management’s ability to capture and keep the public’s attention, said Tragakis, adding that the golf course itself is off to a solid start with membership (more on that later), as well as public play, despite a rainy spring, and the restaurant is drawing positive reviews from those who have discovered it.
In both cases, the goal is to bring people back repeatedly, he explained, noting that every course in the region is confronting the same basic challenge, and must respond accordingly.
“The keys are impeccable conditions for the golf course and superb customer service, and that’s where our focus has been,” he said. “This club has a resort appearance, and that’s by design.”
For this issue and its focus on the region’s golf industry, BusinessWest takes an in-depth look at the Cold Spring development, and why its managers look to the future with optimism and confidence born from a combination of persistence and imagination.

Designs on Success
Du, who has assumed a leadership role at the club with her husband, Willie Guo, told BusinessWest that one of the many assignments that had to be carried out over the past several months was selecting a logo for the venture, a branding mechanism now affixed to everything from ball markers to shirts; from golf-bag towels to a wide variety of head gear.
“There’s a lot that goes into this, and it took a while to create this look,” she said with a laugh, while displaying the eventual winner — the words Cold Spring juxtaposed against a leaf. The image contains several colors, including red, orange, gold, and a few shades of green, and it was chosen, said Du, to spotlight what is perhaps the club’s best selling point — the scenery, especially at fall foliage season.
It was the views at that time of year that captivated her father, said Du, adding quickly that the scenes from the top of the hill, which he discovered while looking for business opportunities in Massachusetts, were certainly not enough to prompt the requisite sizable investment in the project. Indeed, the initiative had to make good fiscal sense, she went on, something that outwardly appeared unlikely given the challenged state of the local golf industry and the prevailing opinion that this region was already saturated, if not oversaturated, with places to play.
But market analysis, not to mention instinct, indicated that there was room in the market for a higher-end, semi-private course that offered something distinctive, said Tragakis, formerly the pro at Hampden Country Club, adding that he believes that Cold Spring delivers those qualities.
The elder Du acquired the property in 2009, said his daughter, adding that preliminary construction on the course resumed soon thereafter, with grass put down early in 2010. Construction of the ornate clubhouse and a maintenance building commenced in 2011, and the course was open for business on May 1 for members and June 1 for the general public.
What the golfers have found is a test that is both stern and somewhat unique, said Tragakis, who points to the scorecard for some evidence. It has yardages for five tees, including championship markers that stretch the track to 6,521 yards. “And that’s the longest 6,521 yards you’ll ever play, because the actual yardage is somewhat hidden,” he said, noting that there are some uphill stretches, particularly the rugged par 4 18th, to go with some downhill holes, and a rare route to a par of 71.
Indeed, there are six par 3s (three on each side), and five par 5s, he said, noting that a typical par 71 would have four of the former and three of the latter.
The course architects, Armstrong Associates, located in New Mexico, essentially took what the land offered, and designed an intriguing test for players of all abilities, said Tragakis, adding that this is one of the many ingredients necessary to attract a large and diverse audience.
Overall, he describes Cold Spring as a mix of Crumpin Fox (in Bernardston) and the Ranch (Southwick), meaning the former’s tight, tree-lined fairways — which dominate the front side — and the latter’s open, sweeping fairways, prevalent on the back nine.
Thus far, the course has been successful in attracting both members and public play, said Tragakis, and it must continue to do both if it is to be profitable. “My goal is to make this golf course a fun, enjoyable experience for everyone,” he explained, “but especially for the members. We need them to come back, and we need to keep growing those numbers; that’s our rainy day money.”
The membership count now exceeds 200, and continues to climb each week, something unusual at this time of year, months after most area players have settled on a club to join for the year, he said, adding that many former members of nearby Hampden Country Club (now under new ownership) have joined Cold Spring. An attractive senior membership rate ($750) has attracted more than 70 people from that demographic group.
Meanwhile, there has been a steady stream of public play, with visitors from across Western Mass. and even Northern Conn., which Tragakis attributes to that aforementioned buzz factor, as well as some aggressive, targeted marketing.
The club has focused mostly on radio, including the expensive option of taking slots during Red Sox games and related programming, he noted, adding that the pitch line used at the end of each spot — “it’s the reason you play golf” — sums up how the club intends to differentiate itself.
The specific marketing message has varied through the first several months, he went on, adding that in the late winter and early spring, before the season started, the club was focused on memberships. Later, the emphasis was on the fact that the club had opened for play, and most recently, the accent has been on stressing that, despite its appearance (including the elaborate stone entranceway now under construction), Cold Spring is in fact open to the public, as is its restaurant.

Aggressive Course
And that’s important, because attracting golfers is just part of the success quotient, said Du, adding that there will eventually be several components to this venture.
For starters, there’s the club’s restaurant, called simply the 19th Hole Bar and Grille, which, like a growing number of facilities at public and semi-private courses (including The Ranch and Crumpin Fox), is open to the public and will be in operation year-round.
Ron Riopel, food and beverage manager for Cold Spring, said the restaurant is relatively small (just over 70 seats inside), but can accommodate more than 120 on a large patio that boasts sweeping views of the course and the hills beyond, and will likely stay open until at least mid-fall.
Beyond the scenery, the outdoor area will feature live music on many evenings (a ‘Caribbean Night’ was staged recently), and a menu Riopel described as “simplified but elegant.”
Elaborating, he noted that the fare extends well beyond traditional post-round food (most of it fried), and includes such options as pan-seared Pacific Ponga, a Vietnamese white fish.
The 19th Hole opened to members and the public on June 1, and like all new eateries, went through a breaking-in period, during which kinks were worked out and staff members came fully up to speed, said Riopel, adding that, as with the golf course, there has been a curiosity factor surrounding the restaurant that has prompted many area residents to take the drive up the hill.
And, also like the course, repeat business will be a function of delivering a quality experience, he continued, noting that he believes the facility should fare well in a region that doesn’t have a deep roster of competing restaurants.
Tragakis said some of the recent marketing has made reference to the dining element, underscoring its importance to the overall operation. “We have focused on food and beverage in these spots,” he explained. “We’re not going to forget about golf — we’re still a golf course — but public dining is a big part of what we’re doing, and I think the restaurant will do very well.”
Other components of the Cold Spring business plan are on the drawing board, to one degree or another, said Du, who told BusinessWest that plans are being developed for a banquet hall that will sit above the clubhouse.
The facility will be large in scale, and meet what she considers a recognized need in the Quaboag Valley region, she went on, adding that there is no immediate timeline for construction.
The same can be said for a housing component that most experts say is a key to the success of any large golf operation. There is considerable land on which to build houses or condos, she noted, adding that market analysis is currently ongoing, and it is likely that work will begin over the next five years.

Successful Roll Out
If all the pieces fall into place as expected, Cold Spring will become a formidable player in the large and seemingly ever-changing local golf market, said Tragakis.
He acknowledged that the industry is faced with many challenges — from the still-sluggish economy and its broad impact on discretionary spending, to stagnancy and even retreat in the number of people taking up the game, to the vagaries of the weather.
But venues that succeed in creating enjoyable and memorable experiences can overcome those issues, he continued, adding that Cold Spring has enormous potential to do just that.
“The view from up here is good,” he said, using that term in both a literal and figurative sense, “and we think it’s only going to get better.”

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

Features
BusinessWest Slates a 40 Under Forty Reunion for November

The 40 Under Forty class of 2012 has been saluted — see a photo montage of the June 21 gala at the Log Cabin starting on the facing page — bringing to 240 the number of people who are now in a rather exclusive club in Western Mass.
And with that critical mass, BusinessWest has decided that it’s time to bring the band back together, to steal a line from The Blues Brothers, with a reunion, slated for November 8, that will likely be the first of many, said Kate Campiti, the magazine’s associate publisher.
“Several people have suggested some type of reunion, and we were already thinking about how it would be great to bring the first classes of winners back together,” said Campiti, adding that the event will be a celebration of what is still very young talent in the four western counties of Western Mass., as well as a very unique networking experience, and perhaps a learning opportunity — organizers, including several past winners, are considering high-profile speakers from the world of business to address the group.
Details of the event will be forthcoming in the weeks and months ahead, said Campiti, adding that some things are known. The date is Nov. 8, the venue will be the Log Cabin Banquet and Meeting House, chosen for both its fine service and central location in Western Mass., and the guest list will be limited to the 240 winners, event sponsors, and program’s judges.
“‘Forty Under 40’ has become a symbol of excellence in this region, something people strive to achieve,” said Campiti. “And with six classes of winners, there is now a large, somewhat exclusive fraternity, if you will, that is quite diverse. But the members share one important quality — they’re all leaders — and it’s exciting to think about what can happen when you bring that many leaders together in one room.
“There is already a sense of camaraderie and mutual respect among the winners,” Campiti continued. “You can see this at the gala each year; people will note that someone is a previous winner and usually strike up a conversation.”
And more importantly, she went on, winners have done business with one another, sought out each other’s advice on matters, and, in general, shared opinions on the challenges and opportunities our region is facing.
“And bringing that much talent, that much insight, together can only be good for this area,” she continued, noting that the 40 Under Forty constituency now includes everything from partners in major law firms to a state senator; from thriving entrepreneurs to a high school senior — Stephen Freyman, class of 2011; from a host of non-profit managers to a police sergeant.
“The diversity and collective brain power present at a 40 Under Forty gala is amazing,” said Campiti. “Imagine what bringing six classes of winners together will be like.”
On Nov. 8, no one will have to imagine.

— George O’Brien

Opinion
Fueling the Next Wave of Biotech Growth

The staggering impact of the nationwide economic malaise has caused every state to examine what it can do to attract the industries that will drive sustainable growth over the long term. We were reminded once again of why the life-sciences industry in Massachusetts is the envy of states across the country — and why we can’t become complacent about it — when 15,000 biotech professionals from 65 countries descended on Boston for the BIO Convention last week.
The local economy has undergone a remarkable transformation in the past two decades, as industries that once dominated the local landscape have been reduced to a shell of what they once were, and newer, technology-driven industries have grown to fill the void. The life-sciences industry has experienced unprecedented growth during that time, buoyed by a unique combination of local assets, including world-class universities and hospitals; substantial federal funding for research; a strong, local venture-capital community that understands the vagaries of our industry; and, more recently, the active involvement and support of the Commonwealth.
Employment at Massachusetts biotechnology companies has grown more than 50 percent over the past decade, to nearly 50,000, and even managed to grow during the depths of recession from 2007 to 2010. The average salary of a biotech worker is more than $95,000, substantially higher than the estimated state average salary of approximately $54,000. And with construction cranes looming not just over Cambridge and the Boston waterfront, but also reaching well out into the suburbs, Central Mass., and the South Coast, it is clear that investment and optimism in the future of the industry in Massachusetts remain strong.
But it was evident at the convention how dangerous it would be to become complacent. Other states and countries were there competing to lure away our state’s biotech companies and talent. They have many tactics at their disposal, including strong financial incentives, tax breaks, lower labor costs, and, in some cases, a fairly convincing argument about quality-of-life benefits outside of our state.
I experienced this first-hand as CEO of Organogenesis Inc., a biotechnology company based in Canton that has successfully developed two regenerative medicine products that use human cells to stimulate the body’s natural ability to repair and regenerate itself.
When we began planning five years ago to expand our operations, our top choice was Massachusetts. But when other states offered us incentive packages that topped what was initially offered here, we couldn’t help but listen. When we were offered a package of incentives that would potentially make us more competitive and more sustainable, we were set to leave the state and expand elsewhere.
A lot has changed since that time, for Organogenesis and for Massachusetts. We are now in the midst of a major, multi-year expansion that will more than triple the size of our presence in Canton, to more than 300,000 square feet. Our global headquarters, R&D, and manufacturing facilities will remain in Massachusetts. The decision to remain and grow here was driven primarily by incentives provided by the state under its 10-year, $1 billion Life Sciences Initiative, signed into law in 2008. Massachusetts has provided us with grants, low-interest loans, and a competitive tax rate, and we in turn have invested five times that amount to build our new facilities. We are delivering on the pledge to create hundreds of new jobs in the years ahead.
The state’s investment in the future of Organogenesis made a critical difference at a crucial time in our history. Dozens of Massachusetts companies are wrestling with the same questions about long-term growth and sustainability. The competitive race for growing industries like ours will only get tougher.
With all that has been done to make Massachusetts a more attractive magnet for biotechnology, we will constantly be challenged to stay one step ahead of the competition.

Geoff MacKay is president and CEO of Organogenesis Inc., and chairman of the MassBio board of directors.

Opinion
Springfield Is Now Casino Central

Seemingly overnight — although it has actually been this way for months — Springfield has become ground zero in the ongoing and increasingly bizarre efforts to usher in the casino era in Massachusetts.
Indeed, while many of the initiatives are in their infancy stages — meaning there are no casino developers attached to them — there are now apparently at least three casino projects in the making in Springfield, and perhaps many more that are soon to be on the drawing board. Compare this to other regions of the state, specifically the eastern and southeastern areas, where there is little if any competition for casino licenses at this stage, and it’s clear that Springfield may well become the main battleground in perhaps the most important new business development in the Commonwealth in a generation — or two, or three.
And because the stakes are so enormous, there is, or should be, tremendous pressure on the city and its officials to get this right. And already there are signs that this is going to get very, very ugly, and potentially bad for the City of Homes.
But let’s back up a minute. Recent headlines have revealed the existence of what have become known in some circles as the “north” and “south” casino plans, reportedly being pieced together by brothers Peter (the north) and Paul Picknelly. The latter apparently involves aggregation of several parcels in the tornado-ravaged South End of the city, while the former involves property just off I-91 in the North End, including the sprawling Springfield Newspapers building. That’s an intriguing development that leaves the region’s largest media outlet unable to comment on perhaps the most important aspect of the casino issue (where to put one) and with a serious credibility issue when it comes to coverage of all aspects of this saga.
But that’s another story.
The real story in our view, is that because of the strong political support for casinos in Springfield, fueled in large part by the city’s continuing fiscal struggles and urgent need for jobs, and corresponding strong interest from developers, there is an apparently bitter battle brewing that has the potential to divide the community (people are already settling into various camps) and turn what could be a great opportunity into a situation where it might be difficult to tell who, if anyone, actually wins.
There is already speculation among some city leaders, including Chief Development Officer Kevin Kennedy, that intense competition for a casino license in Springfield will wind up benefiting the community. The theory goes that with so many suitors, the city can likely broker a better deal from any and all of the players. We hope they’re right, but so many rival plans may wind up creating a situation where people are working against one another to get what’s best for them, instead of working together, as they should be, to get what’s best for the community.
And in the meantime, all this focus on casinos is very likely to divert needed attention from the many other issues facing this city — from schools to poverty.
We’re not sure it’s possible — in fact, we’re quite sure it’s not possible — to get the city and its officials behind one casino plan and make a concerted effort to create a proposal that works for the community and could gain the favor of the Gaming Commission that will ultimately decide which projects earn licenses.
But that would be our hope, because despite projections to the contrary, we believe a long, protracted casino battle will likely hurt Springfield in the long run.

Cover Story
Roger Crandall Shapes a Vision for MassMutual

The six-foot-long fish mounted over Roger Crandall’s desk certainly looks real.
But in fact, this work of art, as he calls it, is a wood carving fashioned with the help of several dozen photographs of the 140-pound tarpon that Crandall hooked, battled for more than an hour and a half, landed, and then released off the Florida keys in 2006.
“I was looking through a fishing magazine, and found this woman in New Hampshire who does wood carvings of what are usually trout or salmon,” Crandall, the chairman, president, and CEO of MassMutual explained. “I sent her 50 pictures, she did some research on tarpon to get the dimensions right, and it took her three years to do it.”
Like just about everything else assuming floor, wall, and shelf space in Crandall’s large office at MassMutual, which he jokingly refers to as the hall of dinosaurs, the wood carving has meaning and tells a story — or several of them. In this case, the fish, which he admits probably wouldn’t fit anywhere else, relates his passion for the sport, which he enjoys for the challenge of fights like he had with the tarpon, but more for the relaxation it provides as well as the opportunity to get away from the numbers that have dominated his life and career.
“In a world, and a job in particular, where information is constantly coming at you, getting out onto a river or a flat is great,” he explained. “For that two, three, of four hours, there’s no Blackberry, there’s no crisis in Greece, there’s no low interest rates, no unclear regulatory policy, none of the things I deal with on a day-to-day basis; it’s a great way for me to de-stress and relax.”
Moving around the room, one will find dozens of objects that speak volumes about Crandall’s work and the mindset he brings to it. For example, there’s the 107-year-old grandfather clock, presented as a gift to a former president of MassMutual by the general agents association. Still keeping good time, the clock is there as a reminder of the importance of the relationship between the company and its agents and general agents, he said.
Hanging on a wall a few feet away, meanwhile, is a framed copy of an insurance policy sold in 1894. “We literally sell the same type of policy today,” said Crandall, adding that the document is a reminder that the foundations on which the company was built haven’t really changed — and won’t. “One of our best-selling products in the 1890s was also one of the best-selling products in 2011.”
And then, there are the model planes, or what Crandall referred to as “deal toys.” There are more than a dozen of them in total, and they represent individual aircraft or airlines that MassMutual has owned or invested in over the decades, he explained, noting a few that he’s particularly proud of. One would be a model of a jet owned by Morris Air, a small outfit started by David Neeleman in Salt Lake City that caught Crandall’s attention when he was an analyst for MassMutual in the early ’90s.
The company tripled its investment in Morris Air in just over 18 months when that venture was sold to Southwest Airlines, Crandall recalled, adding that the story got better — and the deal-toy collection grew significantly — when, after his non-compete agreement with Southwest expired, Neeleman started another airline that MassMutual became an original private equity investor in — JetBlue. “I think we made $80 million on a $15 million investment,” he said.
Although it would outwardly appear that Crandall’s office is outfitted as a way to salute past achievements, he described it collectively as an inspiration for the future — the tense that certainly occupies most of his time and attention.
He told BusinessWest that he’s focused on the year 2040, for example. That’s the year the U.S. is expected to be a nonwhite majority, and while that’s 28 years away, he’s already taking steps to position the company for that time, with steps ranging from a comprehensive effort to change the demographic mix of the company’s roster of agents to the introduction of many new products, to aggressive marketing to target groups ranging from African Americans to gays and lesbians.
A big part of getting the company positioned for the future is to remind customers and potential customers of the need to secure their futures — and then provide the products and services to help them do it, Crandall said, summing up matters by first borrowing an old Mandarin proverb — “when you’re safe, think about danger” — and then a quote attributed to Albert Einstein: “the most powerful force in the universe is compound interest.”
For this issue, BusinessWest talked at length with Crandall about tarpon, investments in airlines, and company history — but mostly about the future and how he intends to position the 161-year-old company to be fully ready for it.

On a Grand Scale
Crandall remembers that while he was in grade school, he would often go to the office on Saturdays with his father, a group life and health salesperson for MassMutual.
“I would stuff envelopes for him so he could do mailings, and got a penny an envelope,” he said, adding that he eventually took on more far-reaching duties. Indeed, when personal computing came into prominence, he would use an early spreadsheet program called VisiCalc (which predated Lotus and Excel) to help his father show prospective clients how much the premiums would be for group life insurance.
“Later, during summers when I was in college, I would go out on sales calls with him and sit in on meetings with MassMutual pension customers … that’s how I got a serious introduction to MassMutual,” he said, adding that while his father spent 34 years with the company, he didn’t picture himself following in those footsteps, let alone becoming CEO.
However, a series of circumstances, starting with the economic landscape he encountered upon graduating from the University of Vermont with a bachelor’s degree in 1988, put him on course that eventually led to that office on the second floor of the company’s State Street headquarters.
“I started in the real estate investment department, and it was the perfect time to get into that sector,” he recalled, “because we were about to have the biggest commercial real estate collapse since the Great Depression; it was actually a wonderful learning experience.”
MassMutual gave him the opportunity to take the charter financial analysts exam, and he eventually moved from real estate to the investment division to the securities investment division, where, fortuitously for him, the analyst assigned to watch the airline industry had just retired.
“At that time, my uncle, Bob Crandall, was president of American Airlines,” he explained. “So the guy I worked for said, ‘at least you’ll have one person to call,’ and told me to watch the airline industry.”
With a little guidance from his uncle, but mostly a keen eye for potential-laden ventures, Crandall steered MassMutual toward the Morris Air, JetBlue, and other deals now commemorated in his office. In 2000, he joined Babson Capital Management, LLCV, a MassMutual subsidiary, and in 2002 was named managing director of that company and head of its Corporate Bond Management, Public Bond Trading, and Institutional Fixed Income units.
In 2005, he was appointed chairman of Babson Capital and executive vice president of chief investment officer of MassMutual, eventually becoming president and CEO in January of 2010, and later named chairman as well.
He took those final steps to his current post at the height of the Great Recession, a downturn that severely tested all financial services institutions, but also brought a number of opportunities for MassMutual.
“The company is much stronger today than it was at the end of 2007,” he explained. “Our sales are higher, our earnings are higher, and our capital is higher. It was Rahm Emanuel (President Obama’s former chief of staff) who said, ‘don’t let a good crisis go to waste,’ and from our perspective, it became a great opportunity to remind people about the strength of a mutual company and how we differ from a stock company.
“It was also a time to remind people of the inherent strength that the mutual life insurance company products have,” he continued. “So we’ve actually been able to take market share as well as grow over the past three or four years.”

Dollars and Sense
Elaborating, he said MassMutual has done so essentially by focusing on what he called the “basics.”
And by this he means the three main pillars of the company’s operations — providing customers with financial security, paying the best dividends, and providing exceptional customer service.
For example, the company has “doubled down” on its roster of agents, going from 3,700 a few years ago to more than 5,000 today, he said, while also investing in new products, including a number of creative life insurance options, designed to meet the various needs of customers.
Such steps are part of those aforementioned efforts to position MassMutual for both today (and those opportunities from the fiscal crisis Crandall described) and the much different look and feel that this country — and the world — will have two, three, and four decades from now.
And with that, he turned to another item in his office, a framed commemorative photo, a gift from a Chinese entity that MassMutual has partnered with on a utility venture.
“My guess is that 20 or 30 years from now, someone’s going to look at that and say, ‘wow, MassMutual was thinking not five years ahead, but 10 and 20 years ahead in dealing with China. So I put that there to remind whoever’s sitting here in the future of that.”
To further explain his mindset, he referenced that acquired skill attributed to hockey legend Wayne Gretzky. “He said he would skate not to where the puck was, but to where he thought he would be,” said Crandall. “That’s what we’re trying to do.”
And in a figurative sense, the puck is going to a place and time, not far off, and in some cases, already here, where the demographic picture will be much different. The company has responded in a number of ways, he said.
“One of the big things we did was realize that the face of America is changing, and we needed a much more aggressive diversity strategy,” he explained. “So we’ve gone from having maybe 100 of our agents being multicultural to perhaps 1,000 over the past four years.
“Meanwhile, we’ve gone from having no dedicated multicultural marketing campaigns,” he continued, “to having dedicated campaigns for Hispanics, African Americans, Asian Americans, the gay and lesbian markets … we’ve really embraced diversity in a big way, and it’s making a huge difference for us. And we’ve only scratched the surface of the opportunities there.”

It’s not Foreign Policy
Another component of the company’s ‘getting back to basics’ strategic initiative is using marketing and other vehicles to emphasize the inherent advantages from doing business with a mutual company, Crandall continued.
“We’re owned by our policy holders, so we don’t get torn between two opposing views,” he explained. “Shareholders, we believe, are inherently, and rightly, more willing to take more risk than the policy holder is. Since we have just one constituency, we think that’s a huge advantage over having two, and you have to look no further than to a few public companies that are undergoing very sigfificant changes because their shareholders are pushing them to do that — their policy holders are not a big part of that public discussion.
“We’ve spent a lot of time redoing our advertising and marketing to remind people about mutuality,” he went on, pointing to a recent ad now framed and on his wall as one example. “We’re reminding people that we’re 160 years old (now 161) and we’ve been focused on policy holders since we were founded.”
These various pieces, from investment in new products to bolstering and greatly diversifying the roster of agents, to more aggressive marketing have all helped the company, said Crandall, noting that in 2011, MassMutual set records for sales of whole life insurance products and retirement products, and ended the year with record capital. And those trends have continued into the first half of 2012.
Looking ahead, he said there are tremendous opportunities to build on that recent progress, as evidenced by what many would describe as alarming statistics regarding Americans and how little they’ve done to secure a solid financial future.
“There are 50 million Americans who don’t have any life insurance, and that’s a huge opportunity for us,” he explained, adding that this is one of the reasons why, in addition to taking market share from competitors, the company can grow simply from what will, or should be, a much larger pie. “The other huge opportunity stems from the fact that Americans simply haven’t been saving enough money for probably the past 25 years.
“They’ve suddenly realized that they haven’t saved enough, and also realized that their house isn’t worth what they thought it was,” he continued. “So savings rates have tipped up, and we’ve done what I think is a very good job in our 401(k) business of reminding people how effective it is to save for retirement in that way, how steps taken in your 30s and 40s can make a difference when you’re in your 60s.”
Which brings him back to Albert Einstein and his comment on compound interest.
“Fundamentally, if you start saving early enough, you can solve all these problems,” he said, referring to the possibility of not having enough money for retirement, health care, or long-term care. “It’s very hard to take care of those things if you wait until you’re 60, and we want to help people understand that and start saving early.”

The Bottom Line
Among the myriad artifacts in Crandall’s office is a photograph of himself with David Neeleman in front of a JetBlue plane at New York’s JFK Airport.
Like the grandfather clock, framed insurance policy, and assorted deal toys, it is, as he said, a celebration of a past achievement, but also serves as inspiration for future success.
And it’s yet another example, said MassMutual’s top executive, of how even a company with 160 years of history to look back on, can only succeed if both eyes are on the future — and especially the distant future.

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

Law Sections
Crear, Chadwell & Dos Santos Charts an Ambitious Course

From left, Tony Dos Santos, Kimberly Davis Crear, and Jim Chadwell.

From left, Tony Dos Santos, Kimberly Davis Crear, and Jim Chadwell.

Tony Dos Santos remembers thinking — actually, the word he used was knowing — that it was definitely time for a career course change.
And as he talked about the thought process that led him to that conclusion that he needed to leave the larger-law-firm environment — in this case the Springfield-based firm Robinson Donovan — and find an opportunity to put his name over the door, he struggled somewhat in his efforts to describe it before eventually finding the terminology he was looking for.
“I just wanted to be in much greater control of my destiny,” he told BusinessWest. “I realized that being more of my own boss, being in a smaller place where there’s more flexibility and less structure, was what I was looking for at this stage in my career.”
Kimberly Davis Crear and Jim Chadwell could certainly relate.
They had come to the same basic conclusion about their careers several years earlier, and decided, separately, to leave Robinson Donovan and start their own firm. Crear did so in 2003, when she partnered with two former Robinson Donovan partners, and Chadwell joined that firm a few years later. He and Crear have remained together (the two other partners left to start their own venture), and built a solid reputation — and sizable portfolio of clients — in the realm of workers compensation defense work.
Late last year, the partners began talking with Dos Santos about broadening the base of their firm by adding his name to the letterhead and his expertise — commercial real estate and general business law — to the resume.
Those talks, which coincided with Crear and Chadwell’s need to find new quarters — their lease was up in space within the Fuller Block that will become the new home to WFCR — concluded that this was a good fit on many levels.
“We all knew each other, we’ve all worked together … we had a lot of history together,” said Dos Santos. “It’s helpful when you’re making a move to know the people you’re going to be working with and respect them.”
Chadwell agreed, and noted that the three lawyers, who have been referring clients to each other steadily for years, complement one another, and together offer a base of specialties that provides strong growth potential.
On April 1, the three partners and seven additional staff members settled into 3,500 square feet on the third floor of Monarch Place. And with the settling in period behind them, they’re focused on continued growth of their own practices and, in Dos Santos’ making that transition from lawyer to business co-owner.
For this issue and its focus on business law, BusinessWest talks with the three partners about where they eventually want to take this firm, but mostly about that notion of controlling not only their destiny — but that of their business venture.

Making Their Case
As she talked with BusinessWest about the feel of a small boutique firm and what she likes most about it, Crear pointed to the logo on her new business card.
The square image featuring three initials (‘C,’ ‘C,’ and ‘D’) as well as the ampersand, was selected after input from all three partners, who had an active role in the design process, which went fairly smoothly, she said, adding that such democracy — not to mention quick decision-making — doesn’t generally prevail at most large firms.
“I have a comfort level with this setting that I just didn’t have in a larger firm,” she explained, noting that over the past decade or so, she and Chadwell have become well versed in what both described as the “business side” of law — meaning everything from hiring personnel to handling a payroll to leasing a copier — and out of necessity.
Dos Santos, meanwhile, is still negotiating a learning curve.
“When you’re in a large firm, you don’t deal with any of the real day-to-day issues,” he said, referring to everything from IT matters to lease agreements, which he handled in this case. “You have either an executive committee or a professional executive who’s making all those decisions, and you’re just focused on practicing law; now, you’re more of a business person practicing law.”
While that transition process continues, the three partners are working to build the business they’ve formed. And for Crear and Chadwell, that means efforts to grow their already substantial portfolio in workers compensation defense work.
Both benefited substantially from the tutelage of former Robinson Donovan partner Jim Turtollotte, said Chadwell, describing him as the dean of the local workers comp defense bar, and have steadily expanded their client base over the years.
It now includes most all of the major workers comp providers, as well as self insured companies and groups, not only in Western Mass. but across the state as well.
And while such defense work generally involves the carriers, there is considerable employer involvement in such matters, said Crear, and thus the opportunity for referrals and a chance to do more and different types of work for those on the client list.
“I often have someone from the corporate piece of the company with me watching the workers comp claim,” she explained, “and as a result, we’ve been able to establish a number of relationships.”
And this is why Dos Santos is an important addition for the firm.
A partner at Robinson Donovan when he left that firm, Dos Santos specializes in all facets of commercial real estate, commercial finance, and general business law. He has significant experience representing developers, investors, and lenders regarding complex commercial real estate transactions, including acquisitions, dispositions, leasing, financing, zoning, and permitting, and recently has cultivated a niche involving affordable housing initiatives for formerly homeless veterans, including work with the nonprofit work Soldier On.
“They’re expanding exponentially, and I’ve done a lot for them,” he said of Soldier On, adding that one current project involves the former police training facility in Agawam, while another involves Veterans Administration property in Leeds.
When asked if there was anything approaching a five-year plan for the firm, Chadwell laughed and said, “we signed a five-year lease here — that’s our strategic plan.”
Elaborating, and turning more serious, he said the new venture, with its broader range of specialties, has solid growth potential. Where, when, and how that growth takes place is a function of how the three partners are able to expand their portfolios — possibly necessitating the need for more help — and whether there are logical additions to the roster of specialties that would bring more lawyers to the firm.
One possible avenue for growth is the broad realm of employment law, said Chadwell, adding that it would be a natural fit given the general business law work handled by Dos Santos and the workers comp defense services that he and Crear provide.
“I could see employment law being a tremendous fit going into the future with the nature our practices,” said Chadwell, noting that all three partners already refer out a considerable amount of work in that area. “And it’s an ever-growing practice area.”
The firm has the right of first refusal on some additional space on the third floor, said Chadwell, adding that it is hope — and expectation — that there will be need to exercise that right in the near future.

Final Arguments
As she gave a quick tour of the firm’s new offices, Crear noted that she swung a swift, mutually beneficial deal with Chadwell to take what would be considered the corner office. Dos Santos, meanwhile, got a consolation prize of sorts — the office closest to the conference room.
Such quick, easy decisions usually don’t happen at larger firms, where bureaucracy and rules often dictate such matters.
But they are part and parcel to life in a small boutique firm, where the principals are firmly in control of their destiny — and determined to make the most of that opportunity.

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

Law Sections
NLRB Rules Most Proposed Provisions Are Too Broad in Nature

ROSEMARY J. NEVINS

Rosemary J. Nevins

In their quest to protect company interests and private information, many employers have developed social media policies restricting the use of such media by their employees with regard to workplace matters.
Responding to the increasing number of challenges to such policies, the National Labor Relations Board (NLRB) has recently issued its third report involving its review of the social media policies of seven different companies. Upon completing its review, the board determined that several of the policy provisions involved in six of the seven cases were overbroad and therefore, unlawful under the National Labor Relations Act (NLRA). The seventh case involved a revision of that company’s social media policy, which the board deemed to be lawful under the act.
In its two earlier reports the board’s focus was on notifying employers that their social media policies should not be so all encompassing as to ban employee activity protected under federal labor law. The board cautioned that an overly broad policy could potentially violate Section 7 of the NLRA, which protects an employee’s Section 8(1)(1) right to engage in concerted activities for the purpose of mutual aid and protection. Interestingly enough, the board determined that this caveat applies to both union and non-union employers alike.
In determining the lawfulness of each policy’s provisions, the board first analyzed whether the policy, as written, would “reasonably tend to chill employees” in the exercise of their rights under the NLRA by specifically restricting those rights. Absent such an explicit restriction, the board then focused on the following considerations:
• Whether an employee would reasonably conclude that the policy does prohibit protected activities;
• Whether the employer adopted the policy in response to union activity; and
• Whether the employer has applied the policy in such a manner as to restrict protected activity.
Examples of Unlawful Provisions
Among the many provisions deemed to be unlawful as written in the policies reviewed are the following:
• A provision including a general condemnation of posting “offensive, demeaning, abusive or inappropriate remarks on-line.”
Reason: Such a provision is overly broad and might potentially restrict an employee’s protected right to criticize its employer’s treatment of employees.
• A provision requiring the employee to ensure that information shared about the company is completely accurate, not misleading, and non-public.
Reason: Such a provision would be reasonably interpreted to apply to discussions about a criticism of the employer’s treatment of its employees.
• A provision preventing an employee from commenting on any legal matters, including pending litigation or disputes.
Reason: Such a provision restricts employees from discussing the protected subject of potential claims against the employer.
• A provision instructing employees not to share confidential information with co-workers — for example, their rate of pay, work schedules, etc., among other topics unless those co-workers need the information to do their jobs.
Reason: Employees would construe such a provision as prohibiting them from discussing information regarding the terms and conditions of their employment.
• A provision to prohibit employee’s release of confidential guest, team member, or company information.
Reason: This provision would reasonably be interpreted as prohibiting employees from discussing and disclosing information regarding their own conditions of employment, as well as the conditions of employment of other employees.
• A provision threatening legal action, including criminal prosecution, in addition to corrective action up to and including termination, where an employee violates any portion of the employer’s policies regarding confidential information.
Reason: Since the rules were found to be unlawful, the reporting requirement was also unlawful.
• A provision that cautions employees not to post information about which they are uncertain and to resolve any doubts as to whether they should post that information by checking the designated personnel.
Reason: Any rule that requires employees to secure permission from an employer as a pre-condition to engaging in Section 7 activities violates the Act.
• A provision that cautions employees to treat everyone with respect by refraining from posting offensive, demeaning, abusive, or inappropriate remarks on-line and reminding them that they are expected to abide by the same standards of behavior in the workplace as well as in their social media communications.
Reason: The first part of this provision proscribes a broad spectrum of communications that would include protected criticism of the employer’s labor policies of treatment of employees. The remaining portion is ambiguous as to its application to Section 7.
Among other findings, the board posited that even a “savings clause” stating that the policy would not be construed and applied in a manner that improperly interferes with employees’ rights under the act will not pass muster.
Lawful provisions include those that are clearly written and limit their application to examples of specific illegal or unprotected conduct that would not reasonably be construed to be protected activity.
One example of such a provision is one proscribing “harassment, bullying, discrimination, or retaliation that is impermissible in the workplace, and to be impermissible between co-workers online, even if it is done after hours, from home or on home computers.”
Similarly, it would be lawful for an employer to proscribe employees from posting information online in the employer’s name or in a manner that could reasonably be attributed to the employer without written authorization from the designated company agent.
Err on the side of caution and carefully review your social media policies.

Rosemary J. Nevins, 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].

Law Sections
10 Things to Know About ‘Scary’ Retirement-plan Beneficiaries

Ann I. Weber, Esq.

Ann I. Weber, Esq.

The terrific thing about retirement plans (including individual retirement accounts) is that they grow income-tax free within the plan. The price of this benefit is that, upon distribution, income tax is assessed on the entire amount distributed. At the death of the plan participant, individual plan beneficiaries can stretch out the distributions over their life expectancy and defer income taxes until a distribution is actually received.
Minimum distributions (MRDs) are required over this period, and spouses have special rules applying to them, which allows them to add 10 years to the payout period. This works wonderfully for most beneficiaries because it allows income taxes to be paid over time with all taxes on the amount not distributed deferred.
However, this may not be such a great benefit if a minor, disabled individual, or otherwise scary person is named as a beneficiary of the plan, because the plan participant may not want such an individual to receive their distributions outright. Here are 10 things to think about if you have potential plan beneficiaries in this situation.

Minors. Many parents do not want their children to receive a large sum of money outright. In Massachusetts, the age of majority is 18, but many parents would tell you that maturity arrives much later.

Disabled Persons. For persons under a legal disability who are receiving public benefits such as Medicaid or Supplemental Security Income (SSI), any mandatory income payment will be considered countable income for purposes of any benefits to which they might otherwise have been entitled. The value of the entire plan will be considered a countable asset if the disabled person can access the plan proceeds on his or her own. As a result, an individual on Medicaid or SSI who is the named as a beneficiary of the plan could very likely lose his or her medical or supplemental assistance as a result. The retirement benefits would then be spent down to pay medical and other expenses until the disabled individual was impoverished and could reapply for benefits.

Otherwise scary persons. These may include, among others:

• Business owners. Many business owners have personally guaranteed business debts and do not want any retirement benefits they receive from their parents (or any other plan participant) to be subject to claims of their creditors.
• People who are or may be going through a divorce. Most plan participants do not want their retirement funds going to an ex-spouse.
• Technical adults. Many people do not mature at 18, and parents may be concerned that a child might not have the skills to handle a significant sum of money, leading to some unwise decisions.
• Individuals in risky occupations. Doctors, lawyers, and maybe even Indian chiefs may be concerned about possible malpractice or other claims of unknown amounts and, consequently, do not want to have the outright ownership as a plan beneficiary.
• Temporary situations. An individual may be in a precarious situation at the present time, but is likely to resolve it sometime in the future.

Conventional Trusts. Most conventional trusts are tricky to use as retirement-plan beneficiaries because retirement-plan benefits paid to a trust are subject to income tax in full upon receipt. Thus, if such a trust is named as a beneficiary of the plan, the plan benefits would ordinarily be distributed to the trust in full, and would be subject to income tax in the year of receipt.
When a Conventional Trust Is a Good Idea. Where the plan beneficiary is very young or under a legal disability and receiving needs-based public benefits such as Medicaid or SSI, the payment of tax might be an acceptable price to pay for the security of having the asset managed by a trustee and distributed to the beneficiary only at the trustee’s discretion.
When a Non-conventional Trust is Better. Special trusts blessed by the IRS can protect the undistributed portion of the plan benefits while allowing a trust beneficiary to receive minimum required distributions (MRDs) annually. They work well when the plan participant is concerned about naming the beneficiary outright.
‘See-through Trusts’ Great for Scary Beneficiaries. A see-through trust can be created by the plan participant and named as the beneficiary of the plan. At the death of the plan participant, the trustee receives from the plan and distributes to the trust beneficiary only the mandatory annual MRD. For scary beneficiaries, these trusts can be a home run, and the trustee can be empowered to reach the rest of the plan asset in its discretion.
Discretionary Trusts. Though not as clearly blessed by the IRS, it is also possible to name a trust with multiple beneficiaries as the named beneficiary of a retirement plan. The advantage here is that the trustee can decide how to apportion the MRD (and additional principal payments, if desired) among trust beneficiaries. The measuring life for the MRDs is the life expectancy of the oldest beneficiary. Note, however, that these trusts are more technical, and stricter rules apply regarding remainder beneficiaries.
Trustee Must Be an Independent Third Party. The beneficiary may not be named as a trustee because the discretionary ability to reach the principal of the trust may render all the plan assets subject to the claims of creditors, divorcing spouses, etc.
Trustee May Name the Beneficiary Trustee at a Later Date. In circumstances where the plan participant wishes to limit access to the plan for a limited period only, the trustee may be given the authority to name the plan beneficiary as successor trustee at a certain point or at the trustee’s discretion. This works well for individuals whose financial situation or level of maturity is likely to change for the better — for example, when an individual undergoing a divorce is no longer subject to claims of the spouse, or when a child reaches a certain age.
Although there are no perfect solutions in this situation, with a little pre-planning, retirement plans can be transferred to these special beneficiaries in an optimal fashion.

Attorney Ann I. Weber is an attorney with the Springfield-based firm Shatz, Schwartz and Fentin, P.C., and concentrates her practice in the areas of estate-tax planning, estate administration, probate, and elder law, and has a particular interest in creative estate planning for authors and artists, farmers, and landowners. She is a board member and past president of the Estate Planning Council of Hampden County Inc., and is a former (and founding) board member and current member of the Massachusetts chapter of the National Academy of Elder Law Attorneys. She is also a frequent author and speaker on issues regarding estate planning; (413) 737-1131.

Departments People on the Move

Wolf & Company, P.C. recently announced the promotion of Mark O’Connell, CPA, to the position of President and CEO of the firm, effective July 1. O’Connell has been a member of the 100-year-old company since 1997, and spearheaded the development of its Springfield office, which he most recently served as dirctor. O’Connell will continue to work out of the Springfield office. He is a member of Wolf & Company’s financial-institutions group, and formerly held a seat on the firm’s executive committee, which establishes the firm’s policies and strategic direction.
•••••

Thomas R. Creed

Thomas R. Creed

TD Bank has named Thomas R. Creed Senior Vice President and Market Commercial Credit Manager in the new Credit Management Division in Springfield. Creed will direct approval, underwriting, and portfolio-management, staff, and procedures supporting TD Bank’s commercial-banking business in Western Mass. Creed has 27 years in banking and related fields and serves as chairman of the Holyoke Redevelopment Authority and on the board of the Economic Development Council of Western Mass.
•••••
United Bank announced the following:
• Amy Bilodeau has been promoted to the position of Personal Banking Officer at the West Springfield branch. She joined United Bank in 2008 with nearly 25 years of banking experience gained at the former Westbank, now New Alliance Bank, in West Springfield; and
Ronald A. Gannett

Ronald A. Gannett

• Ronald A. Gannett has joined the bank’s Beverly loan production office as a Senior Vice President in Commercial Baking, focusing on commercial real-estate opportunities in the Greater Boston area. He will assist in building the bank’s brand and commercial real-estate business in that area, while complementing the current activity in the Greater Worcester and Springfield areas.
•••••
American International College announced the following:
Linda Dagradi

Linda Dagradi

• Linda Dagradi, a 1971 AIC graduate, has been promoted to Vice President for Enrollment Management. Dagradi has most recently incorporated Admissions, Marketing, and Financial Aid into the umbrella of Enrollment Management to aid AIC in growing its student population both at the undergraduate and graduate levels; and
Nicolle Cestero

Nicolle Cestero

• Nicolle Cestero has been promoted to Vice President for Human Resources. In that position, she will supervise and direct the human-resources activities of the college.
•••••
Business Network International (BNI) Western Mass. recently appointed Jason Turcotte as Managing Director for the region. Turcotte will be responsible for overseeing and providing continued structure, training, and support to the chapters and members of BNI Western Mass. He will ensure that every chapter is following the BNI system and is on pace to achieve goals, as well as supporting the leadership teams within the region.
•••••
Elizabeth B. Rairigh

Elizabeth B. Rairigh

Elizabeth B. Rairigh, AICP, recently joined the Pioneer Valley Planning Commission as a Historic Preservation Planner. She holds a master’s degree in Historic Preservation and a master’s in City Planning from the University of Pennsylvania.
•••••
Thomas A. Miranda, an attorney with Springfield-based firm Cooley, Shrair, P.C., recently presented the seminar “Using Mediation to Settle Property Disputes” at the 2012 spring session of the CPE Forum at Holyoke Community College Kittredge Center. The forum provides educational programs to business professionals, including CPAs and CMAs. Miranda also recently presented a session on “Business Entity Organization and Structure to Limit Liability” at a Hampshire County Bar Assoc.-sponsored small-business-entity seminar.
•••••
Richard J. Kos

Richard J. Kos

The Board of Directors of Hampden Bancorp Inc., which is the holding company for Hampden Bank has named Richard J. Kos, Esq. to Chairman of the Board of the company and the bank, effective immediately. Kos has been an attorney at the firm of Egan, Flanagan & Cohen, P.C. since 2004 and is a partner of the firm. Prior to that, he had been in private practice since 1978, and was mayor of Chicopee from 1997 to 2004. Kos has a bachelor of science degree in Economics from Amherst College, and a law degree from Suffolk University Law School. He currently serves as a trustee of Our Lady of the Elms College, chairman of the Chicopee Chamber of Commerce, a member of the Board of Incorporators of the Mason Wright Foundation of Springfield, and a member of the Board of Directors of the Regional Employment Board of Hampden County. He has held prior directorships with the Pioneer Valley Red Cross, the Polish National Credit Union, Providence Place, the Economic Development Council of Western Mass., and the Westover Metropolitan Development Corporation. He had been
an incorporator of Chicopee Savings Bank.
•••••
The YMCA of Greater Springfield announced that four area leaders from the business and non-profit communities recently joined its Corporate Board of Directors. They are:
John Doleva

John Doleva

• John Doleva, President of the Naismith Memorial Basketball Hall of Fame;
Lorenzo Gaines

Lorenzo Gaines

• Lorenzo Gaines; Program Director for ACCESS Springfield;
Paul DiGrigoli

Paul DiGrigoli

• Paul DiGrigoli, Owner/CEO of DiGrigoli Salon and DiGrigoli School of Cosmetology; and
Jeffrey Poindexter

Jeffrey Poindexter

• Jeffrey Poindexter, an attorney with Bulkely, Richardson and Gelinas, LLP.
•••••
Friendly Ice Cream in Wilbraham recently announced the following appointments and promotions:
• Walter Kwiecien has been promoted to Director of Information Technology;
• Lionel Bisson is now Director of Training and Quality Assurance and will direct all training and development function and the quality assurance inspection process;
• Ana Alves, with the company since 1977, has been named Manager of Restaurant Technology and will be responsible for managing and developing point-of-sale systems;
• Valerie Doggett has been named Audit Service and Quality Service Assurance Manager, where she will be responsible for conducting quality service audits in both company as well as franchise-owned restaurants;
• Joseph Stiefel, a member of the IT Department since 2006, has been named Project Manager, and will be responsible for leading program development projects as well as supporting current systems from a programming and database perspective;
• Melany Howe has been appointed Senior Manager for financial planning and analysis, providing financial support and analysis for restaurant operations and all marketing and promotion activities;
• Matt Vitorino has been named Senior Financial Analyst, and will provide financial support and analysis for retail, co-pack and franchise operations;
• Christine Klingaman has been named the Franchise Business Consultant supporting several of Friendly’s franchise organizations as a liaison between the franchises and Friendly’s Support Center;
• Lynne Geiger, a 25-year employee, was named Point-of-Sale Systems Administrator, where she will be responsible for developing and maintaining Friendly’s POS systems as well as maintaining various software platforms;
• Richard Del Valle has been appointed Vice President of Restaurant Operations Support, where he is responsible for all restaurant operations support and quality assurance and training.

Bankruptcies Departments

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

Arroyo, Braulio
57 Bevier St.
Springfield, MA 01107
Chapter: 7
Filing Date: 05/30/12

Ayala, Sebastian
557 Berkshire Ave.
Springfield, MA 01109
Chapter: 7
Filing Date: 05/29/12

Basile, Christopher J.
47 Cass Ave.
West Springfield, MA 01089
Chapter: 13
Filing Date: 05/16/12

Batchelor-Morehouse, Lori A.
199 Batchelor St.
Granby, MA 01033
Chapter: 7
Filing Date: 05/23/12

Beech, Thomas D.
PO Box 199
Oakham, MA 01068
Chapter: 7
Filing Date: 05/21/12

Bellefleur, Guy Donald
2020 Calkins Road
Palmer, MA 01069
Chapter: 7
Filing Date: 05/24/12

Blackburn, Barak S.
60 Riverboat Village
South Hadley, MA 01075
Chapter: 7
Filing Date: 05/25/12

Bothwell, Patricia A.
126 Sears Road
Goshen, MA 01032
Chapter: 7
Filing Date: 05/31/12

Boucher, Jr., Daniel B.
21 Revelle Ave.
Northampton, MA 01060
Chapter: 7
Filing Date: 05/29/12

Boze, Roy D.
Boze, Kathyleen F.
37 Hummingbird Dr.
Chicopee, MA 01020
Chapter: 7
Filing Date: 05/30/12

Bradley, Edwin D.
Bradley, Susan M.
20 River Road
Ware, MA 01082
Chapter: 13
Filing Date: 05/23/12

Brown, Jeanette E.
1259 Plumtree Road
Springfield, MA 01119
Chapter: 7
Filing Date: 05/23/12

Brown, Peter K.
Brown, Michelle L.
126 Elmore Ave.
Springfield, MA 01119
Chapter: 7
Filing Date: 05/23/12

Burke, Kellie Anne
48 Dunstable St.
Boston, MA 02129
Chapter: 7
Filing Date: 05/23/12

Capponcelli, Scott B.
Capponcelli, Dana J.
114 Franklin St.
Feeding Hills, MA 01030
Chapter: 7
Filing Date: 05/29/12

Carpenter, Kenneth J.
341 Montcalm First
Chicopee, MA 01020
Chapter: 7
Filing Date: 05/24/12

Chmura, Elizabeth A.
11 Hunting Lane
Wilbraham, MA 01095
Chapter: 7
Filing Date: 05/30/12

Chrusciel, Lorrie A.
59 Rising St.
Feeding Hills, MA 01030
Chapter: 13
Filing Date: 05/24/12

Clinton, Deborah
103 El Paso
Springfield, MA 01104
Chapter: 7
Filing Date: 05/17/12

Corbett, Stephen H.
129 Spruce Hill Ave.
Florence, MA 01062
Chapter: 13
Filing Date: 05/30/12

Couture, Scott A.
53 Independence Road
Feeding Hills, MA 01030
Chapter: 13
Filing Date: 05/30/12

Daniele, Antonio E.
49 Dayton St.
Chicopee, MA 01013
Chapter: 7
Filing Date: 05/18/12

Deuso, Randall J.
94 Duryea St.
Springfield, MA 01104
Chapter: 7
Filing Date: 05/25/12

Erlanger, Richard Martin
176 Columbus Ave.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 05/21/12

Etter, Arthur A.
P.O.Box 4422
Springfield, MA 01101
Chapter: 7
Filing Date: 05/29/12

Feinberg, Lynne Amy
121 Willow St.
Florence, MA 01062
Chapter: 7
Filing Date: 05/24/12

Fusco, Susan D.
41 Rogers Ave.
Ludlow, MA 01056
Chapter: 7
Filing Date: 05/24/12

Galipeau, Denise A.
55 Arnold Place Apt. 2
North Adams, MA 01247
Chapter: 7
Filing Date: 05/30/12

Garnier, Albert N.
Garnier, Donna M.
194 Parkerview St.
Springfield, MA 01129
Chapter: 7
Filing Date: 05/21/12

Gibson, Michael J.
Gibson, Tammy F.
95 Ward St.
Chicopee, MA 01020
Chapter: 13
Filing Date: 05/30/12

Greenleaf, Paul R.
21 Hazelwood Terrace
Pittsfield, MA 01201
Chapter: 7
Filing Date: 05/16/12

Grubert, Susan E.
6 Furrow St.
Westfield, MA 01085
Chapter: 7
Filing Date: 05/30/12

Hamilton, Elizabeth Martha
73 Barrett St. #3104
Northampton, MA 01060
Chapter: 7
Filing Date: 05/23/12

Hayden, Mary E.
a/k/a Wheeler, Mary E.
a/k/a Maloney, Mary E.
598 Southwick Road
Westfield, MA 01085
Chapter: 7
Filing Date: 05/31/12

Hayward, Patrick D.
124 Birchgrove Dr.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 05/16/12

Helfont, Jeffrey A.
44 Shawmut St.
Springfield, MA 01108
Chapter: 7
Filing Date: 05/25/12

Hroncich, John M.
6 Morgan Mannor
Lenox, MA 01240
Chapter: 7
Filing Date: 05/24/12

Kizershot, Julie Michelle
16 Market St. Apt. 3B
Northampton, MA 01060
Chapter: 7
Filing Date: 05/23/12

Koske, Robert M.
Koske, Christine A.
62 South Meadow Road
Westfield, MA 01085
Chapter: 13
Filing Date: 05/29/12

Kremensky, Robert E.
128 College Highway
Southampton, MA 01073
Chapter: 7
Filing Date: 05/31/12

Lachowicz, Kim M.
a/k/a Cannon, Kim
45 Hancock Road
Pittsfield, MA 01201
Chapter: 7
Filing Date: 05/29/12

Lambert, Joseph
88 Watson St.
Chicopee, MA 01020
Chapter: 13
Filing Date: 05/30/12

L’Ecuyer, Peter
L’Ecuyer, Cheryl
12 Highland St.
Athol, MA 01331
Chapter: 7
Filing Date: 05/25/12

Lee, James W.
291 Morgan Road
West Springfield, MA 01089
Chapter: 7
Filing Date: 05/17/12

Leighton, Christine
a/k/a Hoggard, Christine
177 Jasper St
Springfield, MA 01109
Chapter: 13
Filing Date: 05/22/12

Lepper, Thomas A.
Lepper, Margaret R.
756 Shaker Road
Longmeadow, MA 01106
Chapter: 7
Filing Date: 05/21/12

Lyons, Lori L.
22 Puffin Dr.
Chicopee, MA 01020
Chapter: 7
Filing Date: 05/30/12

Malo, Aubrey Mae
a/k/a Cayo, Aubrey
P.O. Box 110
Williamsburg, MA 01096
Chapter: 7
Filing Date: 05/31/12

Mandella, Michael A.
P.O. Box 122
Palmer, MA 01069
Chapter: 7
Filing Date: 05/16/12

Marion, April L.
1 Upper River Road
South Hadley, MA 01075
Chapter: 7
Filing Date: 05/28/12

Marshall, Shelley Lynn
a/k/a Stewart, Shelley Lynn
50 Coolidge St.
Athol, MA 01331
Chapter: 7
Filing Date: 05/29/12

Martinez, Hector N.
Martinez, Otilia
15 Woodlawn St.
Springfield, MA 01108
Chapter: 13
Filing Date: 05/30/12

McCarthy, Mary
a/k/a Schulz, Mary
42 Franklin St., #7
Greenfield, MA 01301
Chapter: 7
Filing Date: 05/30/12

Michael Epaul Photography
Michaels Woodworking
Epaul, Michael V.
259 Harkness Ave.
Springfield, MA 01118
Chapter: 7
Filing Date: 05/23/12

Michael R. Labbe Plumbing
Labbe, Michael Rene
18 North Farms Road
Haydenville, MA 01039
Chapter: 7
Filing Date: 05/23/12

Mooney, Bruce Arthur
23 Linden Ave.
Greenfield, MA 01301
Chapter: 7
Filing Date: 05/24/12

Morehouse, Todd M.
P.O. Box 1132
Granby, MA 01033
Chapter: 7
Filing Date: 05/23/12

Mullaney, Matthew J.
Mullaney, Katherine J.
34 Pine Hill Road
South Hadley, MA 01075
Chapter: 7
Filing Date: 05/28/12

Mushenko, Laura A.
88 Birch Ave.
East Longmeadow, MA 01028
Chapter: 7
Filing Date: 05/30/12

Nartowicz, Alan L.
74 East Colrain Road
Colrain, MA 01340
Chapter: 7
Filing Date: 05/30/12

Nicotera, Andrew D.
Nicotera, Lisa B.
3 Emily Lane
Easthampton, MA 01027
Chapter: 7
Filing Date: 05/29/12

Niemczyk, Bruce John
56 Liberty St.
Florence, MA 01062
Chapter: 7
Filing Date: 05/17/12

O’Brien, Michael E.
O’Brien, Joanne M.
15 Fuller St.
Lee, MA 01238
Chapter: 7
Filing Date: 05/16/12

Ollivierra, Rosalyn F.
254 Hillsdale Road
Great Barrington, MA 01230
Chapter: 7
Filing Date: 05/22/12

Oquendo, Epifanio
Marquez, Maria
21 Bowers St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 05/24/12

Ott, David E.
Ott, Norma J.
14 Granville Road
Westfield, MA 01085
Chapter: 13
Filing Date: 05/30/12

Packard, Albert
Packard, Mary
a/k/a Smith, Mary
126 Feltham Road
Springfield, MA 01118
Chapter: 7
Filing Date: 05/29/12

Pecor, Denise Alice
a/k/a Callander, Denise A.
755 Curran Highway
North Adams, MA 01247
Chapter: 7
Filing Date: 05/30/12

Penna, Kathleen M.
6 Robbins Ave.
Pittsfield, MA 01201
Chapter: 7
Filing Date: 05/16/12

Philpott, James M.
154 Glenwood St.
Springfield, MA 01119
Chapter: 7
Filing Date: 05/24/12

Pike, Catherine M.
61 William St.
Chicopee, MA 01020
Chapter: 7
Filing Date: 05/29/12

Potter, Jeffery C.
Potter, Krystyna J.
9 Gates St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 05/23/12

Pretlow, Juan P.
22 Knollwood Cir.
Holyoke, MA 01040
Chapter: 7
Filing Date: 05/24/12

Price, Sarah Elizabeth
a/k/a Turati, Sara E.
319 West St.
Amherst, MA 01002
Chapter: 7
Filing Date: 05/25/12

Quenneville, Kevin B.
Quenneville, Tina M.
81 William St.
Westfield, MA 01085
Chapter: 13
Filing Date: 05/22/12

Regan, Denis C.
94 Fuller St.
Ludlow, MA 01056
Chapter: 7
Filing Date: 05/17/12

Reynolds, Sarah A.
4 Locust St.
Greenfield, MA 01301
Chapter: 7
Filing Date: 05/30/12

Rivera, Ramon
103 El Paso St.
Springfield, MA 01104
Chapter: 7
Filing Date: 05/17/12

Robinson, Billy J.
779 Old Keene Road
Athol, MA 01331
Chapter: 7
Filing Date: 05/25/12

Sanders, Dreana Chevon
17 Brunswick St.
Springfield, MA 01108
Chapter: 13
Filing Date: 05/23/12

Segundo, Eric
Segundo, Melanie
28 Lamont St.
Springfield, MA 01119
Chapter: 7
Filing Date: 05/29/12

Sheehan, Kathleen Marie
58 Russellville Road
Southampton, MA 01073
Chapter: 7
Filing Date: 05/24/12

Shields, Caroline A.
a/k/a Boland, Caroline A.
14 Brainard Road
Wilbraham, MA 01095
Chapter: 7
Filing Date: 05/23/12

Shumate, Ryan
2205 Boston Road, Apt. 01
Wilbraham, MA 01095
Chapter: 7
Filing Date: 05/18/12

Simurda, Stephen John
50 Middle St., Apt 2
Florence, MA 01062
Chapter: 7
Filing Date: 05/18/12

Smith, David Cloutier
33 Fountain St.
Orange, MA 01364
Chapter: 7
Filing Date: 05/30/12

Sprague, Donna M.
25 North Wake Ave.
Southwick, MA 01077
Chapter: 7
Filing Date: 05/17/12

St. Marie, Diane
30 Holiday Circle
Chicopee, MA 01020
Chapter: 7
Filing Date: 05/30/12

Torcia, Francis C.
Torcia, Mary
7 Oxford Lane
East Longmeadow, MA 01028
Chapter: 13
Filing Date: 05/17/12

Tougas, Angelica Storm
a/k/a Chrabascz, Angelica Storm
83 Highland St.
Ware, MA 01082
Chapter: 7
Filing Date: 05/28/12

Unforgettable Cuts
Maxwell, Tonia L.
102 Brooklyn St.
North Adams, MA 01247
Chapter: 13
Filing Date: 05/29/12

Urban, Wendy L.
186 Pine St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 05/25/12

Vazquez, Luis A.
283 Walnut St.
Holyoke, MA 01040
Chapter: 7
Filing Date: 05/24/12

Vazquez, Rolando
33 Flower Ave.
Westfield, MA 01085
Chapter: 7
Filing Date: 05/24/12

Wehr Constructions
Wehr, Mark C.
122 Manning St.
Chicopee, MA 01020
Chapter: 7
Filing Date: 05/23/12

Witter, Beverly H.
47 Forge Pond Road
Granby, MA 01033
Chapter: 7
Filing Date: 05/28/12

Word, Phillip P.
19 Beechwood Ave.
Springfield, MA 01108
Chapter: 7
Filing Date: 05/17/12

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of June 2012.

AGAWAM

4U Siding and Roofing
605 Southwick St.
Dmitry Bruskiy

Agawam Wellness
430 Main St.
Nichole Hines

Christo’s & Sons Landscaping
129 South St.
Mark Christodlous

Custom Cabinet and Millwork Inc.
62 Suffield St.
Garrett Kimball

Wargamers’ Terrain
73 Tobacco Farm Road
Joe Linares

Tucano Applications
14 Mansion Woods
Leonardo D. Mascarenhas

AMHERST

Deepening Roots Farm
793 Bay Road
Andrew Korza

Ganna Designs
2 Morgan Place
Crystal Nielsen

Hess Express
468 West St.
R.J. Lawlor

Majik Management Consulting
279 West St.
David Majka

Renew Vitality
324 Middle St.
Rosamond Wulsin

CHICOPEE

Abundant Wellness Center
94 Chicopee St.
Deborah Boulanger

D & D Sales
815 McKinstry Ave.
Donald Perusse

Dave & Lisa’s Artful Furnishings
165 Front St.
David Murphy

DES Auto Technologies
439 Chicopee St.
David Stearns

Eris Construction
26 Casino Ave.
Erisnaldo Santos

Pioneer Valley Landscaping
45 Dresser Ave.
James Hebert

West Side Home Improvement
429 Front St.
Viktor Lapik

GREENFIELD

Driscoll’s Company
45 High St.
John J. Driscoll

Lipton Mart
100 Mohawk Trail
Michael Lipton

SMD Contracting
278 Main St.
Stephanie M. Dudos

Zemi
176 Main St.
Maya Meyers

HADLEY

Crystal Gardens Unlimited
140 Mount Warner
Crystal Boucher

Hadley Dry Cleaners
206 Russell St.
Hwa J. Han

Interskate 91 North
367 Russell St.
William Hoeffer

Riverside
373 River Dr.
John Kershlis

Shaolin Kung Fu Center
231 Russell St.
Ryan Budny

Z Auto
105 East St.
Michael Zera

HOLYOKE

Emmanuel Jewelry Store
311 High St.
Tai W. Kang

Luigi’s Christian Book & Music Store
103 High St.
Eddie Rivera

M & M Mini Mart
46 Franklin St.
Naz B. Naji

Real China Restaurant
1529 Northampton St.
Shi Z. Liu

Stop N’ Go
915 Main St.
Sagheer Nawaz

Valley Hall
26 Hadley Mills Road
Gabriel Reyes

Who’s Next Barber Shop
241 Main St.
Omar Peralta

PALMER

Crimmins and Graveline Insurance Agency
1382 Main St.
Thomas Graveline

N.M. Construction
11 Conant St.
Nathaniel Messier

Reskewed Things
1444 North Main St.
Charles L. Hood III

Trackside Tire Service LLC
1237 Park St.
Norman J. Ashline

Track Side Trains
1294 South Main St.
Greg Flamand

SOUTHWICK

R.B. Distributors
375 North Loomis St.
Russell Jones

Shawn Rutola Electrician
25 Eagle St.
Shawn Rutola

SPRINGFIELD

L & G Signs & Designs
120 Kimberly Ave.
Leroy A. Davidson

L & Q Game Shop
182 Oakland St.
Luis Lopez

L & S Transportation
118 Cardinal St.
Liliya Dudrova

La Garita Convenience
1212 Main St.
Betsy Lozada

La Zona Supermarket Corporation
24 Fort Pleasant Ave.
Hector Merejo

Lazy Valley Winery Inc.
34 Front St.
Scott Santaniello

Lil Divas Boutique Salon
65 Sycamore St.
Elizabeth Matos

MJA Construction
11 Gold St.
Nelson Menjivar

One Stop Cuts
494 Central St.
Charlette Gentry

Pink Peace
5 Danaher St.
Michelle LaPorte

R. Rocca Construction
169 Carver St.
Roger H. Rocca

Richard R. Rulnick
79 Embassy Road
Richard R. Rulnick

Simply Divine Beauty Lounge
607 Dickinson St.
Kelly Rochelle

So Fresh, So Clean
94 Wilbraham Road
Michael R. Marshall

Spring Street Super Grocery
121 Spring St.
Jose M. Rijo

T-Shirt Time
427 State St.
Hernesto Olmo

The Vela-Villalobos Corporation
1350 Main St.
Eduardo H. Vela

The Brothers Grocery
314 Bay St.
Virginia Leonor

Top Performance Heating
58 Davenport St.
Dorsey Cupe Jr.

Tsvor Construction Company
113 Michon St.
Aleksandr Tsvor

Ummi’s Haven Daycare
16 Glendell Terrace
Saliyhah A. Wadud

Valley Inn Boston Road
339 Boston Road
Bryan L. Townsend

Vigo Remittance
432 Belmont St.
Western Union

WM Development Company
1 Monarch Place
Joseph A. Lashinger

West Indian Taste Inc.
320 Wilbraham Road
Cornel Forbes

WESTFIELD

Boise Cascade LLC
33 Fowler St.
Jim Wickham

Bshara Catering
110 Airport Road
Paul Bshara

Cherished Loved Ones Home Care
244 Birch Bluffs Dr.
Carolyn Giordano

Lucky Spa & Nails LLC
303 East Main St.
Huan V. Huynh

Marek Jewelers
7 Day Ave.
Scott Marek

The Country Clipper
9 Russell Road
Sara Noska

The Sharing Tree
27 King St.
Karen E. Eaton

WEST SPRINGFIELD

98 Front Street
98 Front St.
Suzanne Halpin

A and N Transport
33 Craig Dr.
Andrew Ngure

Acumen Data Systems Inc.
2223 Westfield St.
Edward W. Squires

Aquatique Pools
730 Union St.
Robert E. Genereux

Beautiful Rooms
42 Myron St.
Gary R. Okun

Dream Events
43 Belle Ave.
Daria Krasnov

E-Zee Mart
83 River St.
Arshad Iman

First Niagara Benefits Consulting
225 Park Ave.
First Niagara Risk Management Inc.

Galaxy 900
32 Pine St.
Ralph T. Dalise

Gamelli Vending
203 Circuit Ave.
Justin P. Gamelli

Odd Jobbers
67 Armstrong St.
Jared Hamre

Subway
1329 Riverdale St.
Steven Petow

Briefcase Departments

UMass President Awards $750,000 for Innovative Faculty Research
BOSTON — UMass President Robert Caret recently announced nearly $750,000 in grants to faculty members from the President’s Science and Technology Initiatives Fund to support six promising research projects, which range from creating standards for testing robotic systems to detecting financial fraud in large-scale securities data to developing new skin-cancer imaging technologies. The initiatives showcase a range of innovative research being undertaken by UMass faculty members that contribute to the growth of the Commonwealth’s economy, especially in the science and technology sectors, and extend the boundaries of human knowledge. The grants provide seed funding to accelerate research activity across all five campuses and position researchers to attract larger investments from external sources to expand the scope of their projects. “The Science & Technology fund advances the work of producing the discoveries and technological breakthroughs that will improve lives, create jobs, and preserve our planet,” said Caret. “It supports the ideas and inventiveness of our faculty and fosters a culture of collaboration across all five campuses that attracts investments and underscores our role as an innovation engine for the Commonwealth.” This marks the ninth year the President’s Science and Technology Initiatives Fund awards have been handed out. It’s one of three funds that President Caret taps to help advance the work of UMass faculty members: the other two are the Commercial Ventures and Intellectual Property Technology Development Fund and the Creative Economy Initiatives Fund. Since 2004, the Science & Technology Fund has provided $7.5 million to UMass researchers, which, in turn, has generated $207 million in funding from outside sources for vital research efforts and led to the creation of nearly 20 research centers on the five campuses. UMass’s annual research expenditures climbed to $587 million in fiscal year 2011; that same year the university generated income of $36.5 million from faculty discovery and innovation. To date, the President’s Science & Technology Fund has financed more than 60 projects representing the breadth of academic inquiry at UMass. Locally, a grant project at UMass Amherst called ‘Big Data Informatics Initiative (BDI2)’ focuses on areas such as detecting financial fraud in large-scale securities data, correlating video/audio surveillance data to spot trends or anomalies in real time, and smart-meter data processing by energy utilities. Collaborators include the Massachusetts Green High Performance Computing Center, Holyoke Gas & Electric, MIT, and commercial partners such as EMC, Nokia, GE Global Research, and Yahoo Research. The total awarded was $136,250.

MCDI Transitions to Family Self-sufficiency Focus
SPRINGFIELD — The Massachusetts Career Development Institute Inc. recently announced a transition in its core services that will increasingly revolve the agency around family self-sufficiency initiatives and de-emphasize some workplace-training programs, many of which are now being undertaken at the community-college and vocational-secondary-school level. The move will have the immediate impact of downsizing the organization by 15% of its current workforce. The agency will also plan to relocate to a smaller, more efficient training and educational facility within Springfield as it transitions to a more appropriate operating model, according to Timothy Sneed, executive director of MCDI. The new emphasis at MCDI will be on career counseling and training tracks that are in high demand, eliminating those that are being shifted to other training sources. However, MCDI will continue its vocational training programs that address the growing employer demand in health care through its Certified Nurse Aide/Home Health Aide and Medical Office Professional training programs. Sneed said he anticipates an opportunity for MCDI to grow into other health-related training programs based on employers’ needs. Sneed indicated that, in an effort to focus on program strengths, MCDI is evolving into an agency that supports “family self-sufficiency” and will provide a host of direct and indirect resources in support of the family. “There has been a shift in the funding landscape with respect to vocational training, and most federal and state dollars are targeted at funding community colleges and technical-high-school programs,” said Sneed. “So, in many areas MCDI has been duplicating services with more training funding going to the community colleges and vocational programs at the secondary-school level. We will continue to provide multiple levels of adult basic education and English for speakers of other languages (ESOL) together with career and academic advising. Our support-services strategy will include job-readiness and life-skills training, which is so critical in today’s job market. We will temporarily discontinue our trade programs in culinary arts, precision-manufacturing technology, and sheet-metal welding and fabrication.” He continued, “while this reorganization is difficult, we see this as an opportunity to strengthen our core training programs with a vision of future expansion opportunities. The impact upon a portion of our workforce is truly unfortunate. At the same time, our management and board of directors see this as a positive step in the long-term viability of MCDI and, most importantly, those we serve in our community.”

GSCVB Unveils 2012-13 Pioneer Valley Visitor Guide
SPRINGFIELD — The Greater Springfield Convention and Visitors Bureau (GSCVB) has unveiled the new 2012-2013 Guide to Masachusetts’ Pioneer Valley, which is now available by ordering online at www.valleyvisitor.com. The guide is free of charge and is a collaboration between the GSCVB and the Franklin and Hampshire County Regional Tourist Councils. The guide, a 112-page publication, contains information about some of the region’s top attractions, accommodations, and restaurants. The book offers new features, including a listing of farmers’ markets and expanded listings of attractions, accommodations, restaurants, shopping, transportation, recreational sites, colleges, and prep schools.

Company Notebook Departments

Normandeau Communications Changes Name to Normandeau Technologies
WEST SPRINGFIELD — In a strategic move designed to better convey the company’s full range of products and services, Normandeau Communications recently changed its name to Normandeau Technologies Inc. “It is our goal to have our name reflect more than just communications, but the entire breadth of solutions provided — telephone systems, structured cabling, networking, carrier and Internet services, mobility solutions, surveillance, call accounting, overhead paging, and messaging on hold,” said Kim Durand, director of sales for the company. “Our dedication toward building relationships with our customers and technical expertise has led us to become valued partners in decision-making processes for all their technology needs.” As part of its efforts to educate business owners and managers on the latest technology and how to take full advantage of it, Normandeau will offer ‘Lunch & Learn’ meetings at its new technology and training facility, located at the company’s office at 2097 Riverdale St., West Springfield. “We look forward to serving our community and providing educational opportunities to learn more about how new technology can benefit our customers,” said Durand.

Ludlow Mills Awarded $200,0050 EPA Cleanup Grant
LUDLOW — The U.S. Department of Environmental Protection has awarded WestMass Area Development Corp., owner and developer of the Ludlow Mills project, a $200,000 brownfields cleanup grant, another sign of progress in the continuing redevelopment of the 1.4 million-square-foot redevelopment project. The grant was part of a competitive process, and Ludlow Mills is one of 18 projects in Massachusetts to receive EPA Region One grants in this round. Westmass will use the funding to immediately begin removing asbestos from old mill buildings on the site. Westmass President Kenn Delude said the funds will augment state funding from the Office of Energy and Environmental Affairs for environmental remediation work that did not cover the removal of asbestos. “This is another significant step forward in the redevelopment of the largest brownfield mill-redevelopment project in New England,” said Delude. Westmass recently announced two projects for the site — a $27 million initiative launched by HealthSouth to build a new rehabilitation hospital, and a $22 million, 83-unit senior independent-housing project.

WEEI Radio Awarded UMass Athletic Broadcast Rights
SPRINGFIELD — Sports Radio 105.5 WEEI-FM recently announced an exclusive partnership with UMass that makes it the official home of UMass football and basketball. The five-year agreement kicks off with the 2012 football season, which begins on Aug. 30 at the University of Connecticut. In addition to comprehensive game coverage, WEEI Springfield will host the UMass coaches shows, featuring The Charlie Molnar Show and The Derrick Kellogg Show. The agreement was brokered by Nelligan Sports marketing, the multi-media rights holder for UMass Athletics.

Columbia Gas Donates Blankets to Friends of the Homeless
SPRINGFIELD — Employees of Columbia Gas of Massachusetts visited the Friends of the Homeless shelter on Worthington Street in Springfield recently to donate 150 heavy-duty blankets to the shelter. Columbia Gas employees have adopted Friends of the Homeless as one of the local charitable organizations they will be supporting in 2012, said Andrea Luppi, manager of Communications and Community Relations. “In addition to the donation of blankets, once a month, a group of employees from all departments has volunteered to serve lunch at the shelter and spend some time getting to know the people there,” she said. “It gives everyone a good feeling to be able to do something for a group that needs and deserves some help.” Last year, Columbia Gas signed on as one of the primary sponsors of “Journey in My Shoes,” which was the first fund-raising event for Friends of the Homeless.

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.

CHICOPEE
DISTRICT COURT
Arclincia Cooke v. Holyoke Mall Co., L.P. and UGL Services UNICCO Operations Company
Allegation: Negligent maintenance of premises, causing personal injury: $9,493.99
Filed: 5/23/12

FRANKLIN
SUPERIOR COURT
Roberts Brothers Lumber Co., LLC v. Commerce Insurance Co.
Allegation: Breach of insurance contract and unfair insurance practices: $36,667
Filed: 5/7/12

Stanley Zielonka v. Cumberland Farms Inc.
Allegation: Negligent maintenance of premises, causing injury: $44,172
Filed: 4/23/12

HOLYOKE
DISTRICT COURT
Michelle Grout v. ES Realty Corp.
Allegation: Negligent parking-lot maintenance causing trip and fall: $3,233.48
Filed: 4/25/12

SPRINGFIELD DISTRICT COURT
Cecilio v. Rivera v. North End Oil Service Co. Inc. And Julio C. Feliciano
Allegation: Breach of contract: $19,534
Filed: 5/12/12

NES Rentals v. Capco Steel Corp. and Cityview Commons II, LP
Allegation: Non-payment on construction equipment provided under a rental agreement: $12,608.04
Filed: 5/04/12

Servisair Fuel Services, LLC v. East Coast Airport Services Inc.
Allegation: Non-payment of goods sold and delivered: $33,977.34
Filed: 5/11/12

WESTFIELD
DISTRICT COURT
Gary Woods v. Homeplate Sports Bar, LLC and Daniel J. Asselin
Allegation: Negligence in security, allowing for repeated batteries of plaintiff by Daniel J. Asselin: $14,000
Filed: 5/30/12

Renaissance Manor of Westfield v. J. Newsome & Sons Construction Inc.
Allegation: Breach of contract for construction services: $9,465
Filed: 5/18/12v

Chamber Corners Departments

ACCGS
www.myonlinechamber.com
(413) 787-1555

• July 9: ACCGS Annual Golf Tournament, at the Ranch in Southwick. Registration starts at 10:30 a.m., with a 12:30 shotgun start. Sponsors to date include: Lunch Sponsor: MassMutual Center; Reception Sponsor: Blue Cross Blue Shield; Photography Sponsor: NUVO Bank; Putting Contest Sponsor: H.L. Dempsey Co.; Hole in One Sponsors: Rocky’s Ace Hardware, Hampden Bank, and Teddy Bear Pools & Spas. The chamber is still looking for sponsors at all levels. New this year is the Flag Sponsor for $250. Costs: foursomes, $600; individual golfers, $150; reception only, $30. Interested parties may register online for any of the sponsorships as well as for golf and dinner, or by e-mailing Cecile Larose at [email protected], or by faxing a registration form to (413) 755-1322. For more information, call (413) 755-1313.

GREATER EASTHAMPTON CHAMBER OF COMMERCE
www.easthamptonchamber.org
(413) 527-9414

• July 12: Networking By Night Business Card Exchange, 5-7 p.m., featuring a gala waterski show. Hosted by the Oxbow Water Ski Show Team, 100 Old Springfield Road, Northampton. Door prizes, hors d’ouevres, host beer and wine. Tickets: $5 for members, $15 for non-members.
• July 27: 28th Annual Greater Easthampton Chamber of Commerce Golf Tourney, 9 a.m. shotgun start for the Scramble event. Hosted by Southampton Country Club, College Highway, Southampton. Major sponsors: Easthampton Savings Bank and 5 Star Building Corp. Cost for the outing, which includes golf with cart, lunch, dinner, and a gift, is $100 per person and $400 per foursome. “Win a Buick Hole in One” sponsored by Cernak Buick. A $10,000 hole in one sponsored by Finck & Perras Insurance. Register at www.easthamptonchamber.org.

WEST OF THE RIVER
CHAMBER OF COMMERCE
www.ourwrc.com
413-426-3880

• July 11: Wicked Wednesday, 5-7 p.m., EB’s Restaurant, 385 Walnut St. Ext., Agawam. Cost: free for members, $10 for non-members.

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]

NCCJ Awards

The National Conference for Community and Justice (NCCJ), founded in 1927 as the National Conference of Christians and Jews, recently presented its Annual Human Relations Awards at the Naismith Memorial Basketball Hall of Fame. Six area residents were honored for their dedication to fighting bias, bigotry, and racism and promoting understanding and respect for all. Far left, from left: honoree Michael Sobon, president of O’Connell Oil, and his wife, Joan; honoree Ronn Johnson, principal, R.D.J. Associates; honoree Carol Leary, president, Bay Bath College; honoree Brian Tuohey, president, Collins Pipe; honoree Caleb Wilkie, a Westfield High School junior and youth community organizer, Andrea Kandel, executive director of the NCCJ. Left, Wilkie addresses the audience as he accepts the 2012 Youth Award.


WBOA Gala

The Women Business Owners Alliance of the Pioneer Valley Inc. (WBOA) recently celebrated its 2012 Woman of the Year Event and 30th Anniversary Gala at Chez Josef in Agawam. The mission of the non-profit organization is to build confidence and success, and empower women entrepreneurs. At left, Freda Brown (left), treasurer of WBOA and owner of Divorce Financial Services, who was honored as the 2012 Woman of the Year, stands with Susan Kelley, center, owner of Kelley Tax Service and vice president of WBOA, and Monique Leyda, senior account manager with Bishop Technologies.





YMCA Dinner

More than 350 guests filled the Naismith Memorial Basketball Hall of Fame for the recent YMCA of Greater Springfield’s 160th anniversary celebration. The event featured a keynote address by successful sports and business leader Mannie Jackson, and entertaining insight on Boston sports from Boston Globe sportswriters and ESPN commentators Jackie MacMullan and Bob Ryan. Left, the scene at Center Court as the crowd salutes Springfield College President Richard Flynn.









From left, Kirk Smith, president and CEO of the YMCA of Greater Springfield; Bob Ryan, Jackie MacMullan, Mannie Jackson; and John Doleva, CEO of the Naismith Memorial Basketball Hall of Fame












From left, Steve Bradley, vice president of Government & Community Relations and Public Affairs, Baystate Health; Tom Creed, senior vice president and Market Commercial Credit Manager in the new credit management division of TD Bank; Kirk Smith; Kathy Treglia, vice president of Education & Government Relations at the YMCA; David Woods, principal of Woods Financial Group; and Victor Woolridge, vice president of Cornerstone Real Estate Advisers








Dancers from the Dunbar YMCA Family & Community Center, who performed a tap dance number directed by Shirley Similari.