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Daily News

WESTFIELD — A virtual information session for Westfield State University’s (WSU) master’s degrees in counseling and applied behavior analysis will be held on Wednesday, Sept. 23 at 6 p.m. via Zoom. Individuals interested in careers as behavior analysts, clinicians, family and marriage counselors, and guidance or adjustment counselors should consider attending to learn how a graduate degree could help them attain one of these positions.

The Department of Psychology offers a 60-credit graduate program designed to serve the student who plans to enter the applied fields of counseling or psychology after receiving a master of arts degree. The program offers four specialized tracks: school guidance counseling, school adjustment counseling, forensic mental-health counseling, and mental-health counseling.

Westfield State also offers a 48-credit master of arts degree in applied behavior analysis to individuals who work, or aspire to work, in a number of different settings, such as schools, including regular and special-education classrooms; business and industry; healthcare; and other community-based settings.

“Westfield State’s graduate training in counseling meets all requirements for entry licensure in school counseling and all pre-master’s content and field experience requirements for mental-health counselors,” said Robert Hayes, chair of graduate programs in Psychology. “We particularly value small classes for technique-related courses, where graduate candidates receive outstanding individual attention, as well as group supervision during the development of their counseling skills. Counseling is both a science and an art, and our graduate training program attends to both.”

Information-session attendees will have an opportunity to speak with faculty and members of the outreach team about the program and its application process. The $50 application fee will be waived for all attendees. To RSVP, visit www.gobacknow.com. For more information, call (413) 572-8020 or e-mail [email protected].

Daily News

BOSTON — The Boston/West Roxbury office of Schooley Mitchell, North America’s largest independent cost-reduction company, announced it is delivering hundreds of thousands of dollars in ‘found money’ each year to dozens of organizations in New England and New York.

Led by strategic partner Seth Tenenbaum, the office is applying its research, proprietary analytics, and negotiating skills to reduce unnecessary costs associated with must-have services like wireless communications and credit-card processing.

“As more businesses transform their operations due to COVID-19, it’s time to re-examine their ‘legacy’ billing arrangements with telecommunications, payment-processing, package-delivery, and waste-disposal companies,” Tenenbaum said. “There may be opportunities to reduce the costs of these services by as much as 28%.”

From A.D. Makepeace Co. in Wareham, the world’s largest cranberry grower, to Bay State Eye Care Group of Springfield and Longmeadow, careful review of telecommunications charges made a substantial difference. For example, Schooley Mitchell saved Bay State Eye Care $15,000 by removing telco plan features that were no longer needed.

“In the U.S., there are 500 fee categories for merchant services such as credit-card processing,” Tenenbaum said. “To identify savings opportunities, the first step is to be able to navigate this complexity.”

Other Schooley Mitchell clients in Massachusetts include:

• Square One of Springfield, a nonprofit organization providing family-friendly education and support services, which has saved $7,000 in annual wireless charges;

• Creative Chemicals of Holyoke, which manufactures high-quality sanitary maintenance chemicals, which is saving 15% to 20% in credit-card processing fees; and

• R.H. White Companies Inc. in Auburn, a leading provider of commercial construction services throughout the Northeast, which is enjoying annual savings of $80,000 in wireless costs.

Since Schooley Mitchell opened in 1998, the organization has helped 22,000 companies cut these kinds of costs by an average of 28% percent, delivering more than $360 million in documented savings. The company is also helping organizations find the right options for services that are becoming increasingly important, such as e-signatures, where there are many variables to navigate. Schooley Mitchell acts as a single point of contact to optimize expenses and continually manage partner relationships for organizations of all sizes, from the Fortune 100 companies to small businesses. In most cases, Schooley Mitchell identifies new savings opportunities without a vendor change.

Business Talk Podcast

We are excited to announce that BusinessWest, in partnership with Living Local, has launched a new podcast series, BusinessTalk. Each episode will feature in-depth interviews and discussions with local industry leaders, providing thoughtful perspectives on the Western Massachuetts economy and the many business ventures that keep it running during these challenging times

Episode 20: Aug. 19, 2020

Thom Interview Scott Foster, Partner at Bulkley Richardson 

Scott Foster, Partner at the Buckley Richardson Law Firm, joins Thom Fox to discuss what Western Massachusetts businesses are doing to survive, and thrive, during COVID-19 recovery.  Scott and Thom also discuss, business liability concerns, the Paycheck Protection Program, and how municipalities are making it simpler to do business.

Sponsored by:

Also Available On

Daily News

SPRINGFIELD — Springfield Technical Community College (STCC) is connecting with the local community through college alumni, local politicians, civic and nonprofit leaders, and business owners to share insights into how STCC makes an impact on Greater Springfield and Western Mass.

The public is invited to attend the first in a series of free virtual events on Wednesday, Aug. 19 from 12:30 to 1:45 p.m. To register in advance and receive a Zoom meeting invitation, visit stcc.edu/conversations. STCC alumni will share how the college shaped their lives and careers in a session titled “The Right Choice.”

Featured speakers include the following STCC alumni:

• Yanira Aviles, who took HiSET prep classes at STCC to obtain a high-school equivalency diploma before earning an associate degree in 2020. While attending STCC, she was elected to be student representative to the board of trustees;

• Carlos Colondres, who was accepted into the Isenberg School of Management at UMass Amherst after receiving his degree from STCC in 2019. He’s currently working on a degree in operations and information management and studying for the Realtor exam;

• Kara Woolridge, who graduated from STCC’s occupational therapy assistant program in 2016. She went on to receive a master’s degree in occupational therapy at American International College and now practices occupational therapy in an inpatient adult psychiatric unit at Baystate Wing Hospital in Palmer;

• Sheldon Smith, who earned a degree in business administration from STCC in 2016 before transferring to Elms College. He serves as membership and operations coordinator for Make It Springfield; and

• Rose Colon, an attorney who specializes in personal injury, criminal defense, and civil-rights law. Colon began her collegiate academic career at STCC before transferring to a four-year college, and earned her law degree from Western New England University School of Law.

Daily News

HOLYOKE — Holyoke Community College (HCC) has been awarded a five-year, $1 million grant from the National Science Foundation that will enable students majoring in STEM fields to qualify for scholarships of as much as $6,500 a year toward tuition and fees.

The scholarships are open to current and incoming HCC students enrolled full-time or part-time in chemistry, biology, biotechnology, environmental science, computer science, engineering, mathematics, physics, or other STEM areas of study.

Students selected for the scholarship awards will become part of HCC’s STEM Scholars 2.0 program. HCC started a STEM Scholars program in 2015 after receiving its first five-year STEM grant from the National Science Foundation.

“We are really excited to be re-funded for this program so we can continue and expand the work that we’ve been doing for the past five years,” said Ileana Vasu, professor of Math and coordinator of HCC’s STEM Scholars program. “The grant not only provides significant money to students for college, but will enable us to focus on culturally relevant practices in STEM that will help us work toward equity in education for all members of our community.”

HCC STEM Scholars are required to complete a one-credit STEM seminar each semester and attend several STEM events each semester they are enrolled in the program. The NSF STEM Scholarships continue each semester students remain in good academic standing.

The scholarship application deadline for the 2020-21 academic year is Friday, Sept. 4. Awards will be announced by Tuesday, Sept. 8, the first day of classes of the fall 2020 semester.

Applicants must be enrolled in a STEM program, demonstrate academic ability or potential, and demonstrate financial need. Full eligibility guidelines for the NSF Scholarship in STEM, as well as a link to the online application, can be found at hcc.edu/stem-scholarship.

Daily News

SPRINGFIELD — Six area students were each recently awarded a $1,000 Gerard L. Pellegrini Scholarship to advance their education by the law firm that bears his name, Pellegrini, Seeley, Ryan and Blakesley.

The Gerard L. Pellegrini Scholarship is an award that goes to a member of a local union affiliated with the Western Massachusetts Area Labor Federation or their spouses or dependents. Applicants were asked to submit their high-school or college transcripts, written recommendations, a recital of their community-service activities, and an essay detailing the importance of the labor movement to their family.

“This has become a significant way for us to commemorate the commitment of the law firm to families of organized labor,” said Earlon Seeley III, partner at the law firm and the grandson of Gerard Pellegrini. “Now more than ever, the labor movement plays a vital role in supporting its members and making a difference in the lives of workers. Gerard was a tireless advocate for worker’s rights and fought on behalf of injured workers for 50 years. As this continues to be our mission today, we created this scholarship in his honor.”

Winners of this year’s awards are Corey Bryant of Springfield, Alexandria Barnard-Davignon of Longmeadow, Anna MacDonnell of Longmeadow, Lindsay Marjanski of South Hadley, Sarah Meunier of South Deerfield, and Taryn Morse of Hatfield.

Cover Story

The Plot Thickens

Even in a normal year, Feb. 29 is an odd date to open a business.

“We really won’t have an anniversary for another four years,” Thomas Winstanley, director of Marketing at Theory Wellness, joked about his company’s third cannabis dispensary, which opened in Chicopee on that leap-year date almost six months ago.

Of course, 2020 is no normal year, and a couple weeks after opening, Theory closed its doors as part of a statewide shutdown of ‘non-essential’ businesses due to the COVID-19 pandemic.

“It’s been an interesting six months, to say the least,” Winstanley told BusinessWest. “We had a brand-new team in place, the final approvals had come through, and that team was just getting their sea legs on the retail side when the shutdown came.”

When dispensaries were eventually allowed to open, it was only for medical marijuana at first, while the vast majority of business — recreational sales — remained shut down.

And now?

“It’s dynamite,” he said. “A lot of money is coming back to the market, and our team hasn’t missed a step since coming back — and we’ve seen the team continue to grow. We’ve come back a lot stronger.”

The line that forms outside the shop each morning testifies to demand that certainly didn’t go away during the weeks when product was unavailable.

It’s a story taking shape across the state, with cannabis businesses continuing to launch and grow even as the pandemic still rages and the economy nowhere near returning to its 2019 condition. Take Holyoke, for example — a city whose leaders fully embraced the cannabis trade from the start, and where two more businesses opened in recent weeks, Canna Provisions on Dwight Street and Boston Bud Co. on Sargeant Street.

“It’s been an interesting six months, to say the least. We had a brand-new team in place, the final approvals had come through, and that team was just getting their sea legs on the retail side when the shutdown came.”

“I’m not going to lie — I was very nervous as the economy took a downturn,” said Marcos Marrero, Holyoke’s director of Planning & Economic Development, about the cannabis hub city leaders have worked to cultivate, one that now includes a handful of cultivation, production, and retail businesses, with more on the way. “Oddly enough, we haven’t seen a significant stoppage in stores’ actions at this point. I can only speculate why that is.”

One reason, quite simply, is that some sectors do better than others during recessions. Marrero compared it to when prohibition was lifted during the Great Depression, and smart entrepreneurs immediately saw the long-term (and pent-up) demand for alcohol, even during tough economic times.

Theory Wellness in Chicopee

Theory Wellness in Chicopee closed in March just a few weeks after it opened, but customer traffic has been solid this summer.

“Today, we have a very robust alcoholic-beverage industry,” he said, reflecting demand that has never subsided over the decades. “So I don’t think there’s anything remarkably special about cannabis in that regard.”

Another apt comparison is the financial crisis of 2008, when the fundamentals of the economy were coming apart — a different story than in 2020. “Now, the economy is tanking because there’s no consumption, and the labor force is contracting.”

Those investing in the cannabis sector, however, are looking beyond that; they know demand for these products is likely to remain high — no pun intended — in the long term.

“This may be as good an investment as anything,” Marrero said. “We’re still seeing investments going forward at the local level; it’s a very positive outlook, even during the pandemic.”

Creating a Pipeline

The proliferation of cannabis businesses across the region, with the promise of more to come, means jobs, and that potential isn’t lost on area colleges and universities.

First, Holyoke Community College (HCC) and the Cannabis Community Care and Research Network (C3RN) announced the creation of the Cannabis Education Center last fall, to provide education, training, and other business resources to individuals in the region who want to work in the cannabis industry.

HCC and C3RN are designated training partners through the Massachusetts Cannabis Control Commission’s (CCC) Social Equity Vendor Training program, which was designed to provide priority access, training, and technical assistance to populations and communities that, traditionally, have been negatively impacted by the drug war.

Soon after that, American International College (AIC) dipped a toe into the sector by launching a three-course certificate program called Micro-Emerging Markets: Cannabis, offering an overview of cannabis entrepreneurship, business operations, and law and ethics.

This fall, AIC is launching a master’s program in Cannabis Science and Commerce — with a one-year online program or a two-year hybrid model — that takes a deeper dive into preparing students to work in this field, said Jennifer Barry, AIC’s director of Continuing Studies and Special Projects.

She cited some striking statistics — 15% job growth in the legal cannabis industry in 2019, $404 million in legal cannabis sales in Massachusetts that same year, and 245,000 full-time-equivalent jobs created nationally by early 2020 — to explain why the program is necessary.

JENNIFER BARRY

Jennifer Barry

“We want to provide opportunities to connect students with an industry where there’s a lot of room for employment growth. The idea is to connect students with experts in the industry.”

“We want to provide opportunities to connect students with an industry where there’s a lot of room for employment growth,” Barry told BusinessWest. “The idea is to connect students with experts in the industry.”

To that end, the program will be taught collaboratively by faculty members, cannabis-industry professionals, and occasionally guest lecturers, either in person or by video.

“We’re taking the academic rigor of an AIC course normally taught by faculty members and keeping it current and relevant by pulling in industry experts,” she explained, noting that classes cover topics from law and policy to the chemistry of cannabis.

“It’s hard for people who work full-time in the cannabis industry, which is such a demanding field, to make time,” she added, but quickly noted that they recognize the need to create a pipeline of talent in the region so the sector can continue to grow and avoid a skills gap. In that way, she noted, this master’s program is a win-win — helping graduates access a solid career while helping area businesses grow.

“That’s the real benefit of our program,” Barry continued, noting that it’s the first program in the U.S. that blends business, science, and the legal aspects of the trade. “What we’ve found, speaking with cannabis professionals, is you have to understand the chemical components of the plant to be prepared to sell it, package it, speak about it intelligently in the field.

“That’s why we have a chemistry course, and one that talks about cannabis from seed to sale, how it makes it through the pipeline, giving students a broad understanding of the process. Then, through individual courses, they can dig through each individual element.”

The goal, again, is to support both opportunities for job seekers and business growth, and Marrero sees elements of both in Holyoke’s enthusiastic adoption of the cannabis sector. He said Holyoke officials don’t “game the system” with host-community agreements, trying to squeeze as much from license applicants as possible. Instead, it’s a standard template that can be approved in a day.

“The CCC does its due diligence on businesses; we regulate things like land use and how businesses are integrated into the community,” he said of the city’s approach to license approval. “For us, it’s been about how to create jobs, how to help businesses get into the cannabis industry.

“It’s about creating a cluster,” he went on. “We’ve made a concerted effort to make it smooth, to work with industries to create a cluster. What it gets us is more than the sum of its parts; it’s how many jobs are created by these companies — and we have a dozen already special-permitted.”

Those services run the gamut from plumbers and pipefitters to security, delivery services, cleaning services, lawyers, and more.

“Any new company produces opportunities for other types of other businesses, and those businesses have to employ people. It’s that economic contagion that’s also attractive,” Marrero explained — one of the few times one might hear the word ‘contagion’ these days in a positive light.

A Social Contract

Winstanley said Theory’s experience setting up shop in Chicopee went as smoothly as it could have, considering the built-in rigor of the process, especially at the state level.

“We’ve always known there were a lot of policies in place at the state level and the local level. It’s a long process,” he told BusinessWest. “But we want to make sure we get it right and operate in ways that are beneficial to the local population, and we want to make sure to set an example for what legal cannabis should look like in this day and age.”

One way Theory — which also has locations in Great Barrington and Bridgewater, and employs about 200 people in its cultivation, manufacturing, and retail divisions — does that is through the kind of social-equity program the CCC made a point of emphasizing.

It recently accepted applications from ‘economic-empowerment’ applicants as designated by the commission and will select a qualified applicant to partner with, guiding and mentoring the entrepreneur through the process of opening their doors, from financial assistance to professional services to zoning and regulatory hurdles.

That financial commitment will total up to $250,000, $100,000 of which will be offered in the form of 0% interest debt financing, with $150,000 worth of initial cannabis inventory to be offered on consignment, providing a boost of capital to help get the operation off the ground. Theory will also connect the successful applicant with professional services like banking, legal, insurance, and HR.

“This is something we felt really strongly about,” Winstanley said. “We felt it’s the future of the industry, to make sure everyone has an opportunity to get into it.”

Barry is well aware of the social-equity component as well, saying it aligns with AIC’s mission to provide access and opportunity to a diverse student population.

“Each course will have a social-equity component; students will get exposure to the business through the lens of social equity, and by the end of the program, they’ll be entrenched in how we can potentially undo some of the disproportionate harm done in the past, while creating a workforce that meets the needs of the industry.”

Because, again, the opportunities appear to be increasing.

“They’ll build a network of professionals they can use as resources as they create their careers, whether they start out working for someone else or start their own business,” she added. “They’ll know it’s not limited.”

That’s true in Holyoke right now, where the next site to open will likely be True Leaf, located near the Holyoke Dam, Marrero said. “They’re a pretty sizable operation — they would be the biggest in Holyoke by square footage, and they’re near completion of construction.”

Winstanley said Theory learned a lot from its original store, in Great Barrington, the first dispensary to open in the Berkshires. Now, competition is springing up across Western Mass., but he says the company still has plenty of room to grow.

“It’s not only the growth of our company, but the significant tax revenue that’s definitely needed,” he said. “Right now, we’re just really happy to see cannabis is back, and hopefully we can continue to contribute, and the industry will provide some much-needed life in these strange times.”

Joseph Bednar can be reached at [email protected]

Guide to Senior Planning Special Coverage Special Publications

Without a doubt, 2020 has been an unprecendented year. The COVID-19 pandemic has thrown the economy, family life, and, well, just about everything else into disarray.

Yet, one aspect of American life has definitely not changed — and that’s the need to prepare for one’s senior years.

As the Baby Boom generation continues to march into their retirement years — at the rate of 10,000 per day — Americans are living longer than ever. In fact, according to the U.S. Census Bureau, by the year 2030, more than 20% of U.S. residents will have passed their 65th birthdays.

But what that life will entail, post-65, can wildly vary depending on lifestyle preferences, health status, finances, and more. That’s why preparation is so important — the sooner, the better. And that’s what this special section of BusinessWest is all about.

For the second straight year, we take a hard look at myriad questions: what levels of care are available, and what do they include? What are some strategies for approaching mom or dad with concerns they might not be able to live alone anymore? How can families pay for all this? What’s an estate plan, and what documents are most important?

As noted, 2020 is already a year fraught with anxiety, and no one wants to add more. But the truth is, even if you don’t expect to be thinking about long-term care for yourself or a loved one, an unexpected accident, illness, or injury can change one’s health needs, sometimes suddenly — or the need might emerge gradually, due to declining health.

It’s a lot to think about, and no single guide can answer all those questions. But hopefully, our 2020 Senior Planning Guide will help you approach those decisions with a little more understanding and a little less worry.

Coronavirus Manufacturing Special Coverage

Making Do

Kristin Carlson

Kristin Carlson says the pandemic has actually helped business at Peerless Precision, especially when it comes to making parts for defense and law-enforcement-related products.

Mark Borsari says he hasn’t been on a plane since a vacation in early March.

By his reckoning, that’s by far the longest stretch he can remember when he hasn’t been flying somewhere, especially in his role as president of Palmer-based Sanderson MacLeod, a maker of fine wire brushes for everything from makeup kits to gun cleaning.

The six months on the ground has been a time of reflection — and even humor.

“I’m sure my wife’s probably thinking I should be on a plane more,” said Borsari with a laugh, adding that he’s not at all sure when he actually will.

But being effectively grounded from air travel is just one of the many ways COVID-19 has shaken things up for manufacturers, and, in the larger scheme of things, perhaps one of the least consequential given the way Zoom has become the preferred method for communicating with clients and employees alike.

Indeed, the pandemic has prompted everything from weeks-long shutdowns to scrambling for needed parts; from strategies for keeping employees safe to the need to manufacture different products — often PPE — to keep workers busy because demand for the products that were being produced has slowed or stopped.

Much has hinged on the word ‘essential’ — a status bestowed on many manufacturers in the 413, an area with a large number of shops making parts for aerospace, defense, or the broad healthcare sector.

Sanderson MacLeod makes products for all those fields, said Borsari, noting that, after a short but still tension-filled time of uncertainty regarding the company’s status, it was declared essential. The same with Westfield-based Peerless Precision, a company that makes, among other things, products used in the cryogenic cooling systems for thermal imaging, night vision, and infrared cameras — items that are actually in greater demand because of all the tension in the world at the moment.

Mark Borsari

Mark Borsari says being deemed ‘essential’ certainly helps, but there is too much uncertainty with this pandemic for any company to feel secure about the future.

“Any time there’s any trouble going on in the world and more money is being put into the defense budget, we benefit from that,” said Kristin Carlson, the company’s president. “We’re getting new engine parts, new fuel-injection parts … things we’ve never made before. Any time there’s unrest in our country or anywhere in the world, the Defense Department spends more money.”

But not all area manufacturers have been so fortunate. Indeed, while golf balls are important to many, they are not ‘essential’ in the eyes of the state’s governor, so the Callaway plant in Chicopee was shut down as it was heading into its busiest time of the year — the start of the golf season in the Northeast and other colder climes. And shutting down a plant that size, which was running three shifts six days a week, is a complicated undertaking, said Vince Simonds, the company’s director of Global Golf Ball Operations.

“It’s difficult to shut it down so abruptly and then wind it back up again,” he said, noting that the massive plant was shut down from March 25 until May 18, when the first phase of the state’s reopening plan went into effect. “But overall, we’ve done very well.”

Fortunately, the company has been helped by something that could not have been foreseen in those dark days of March — a surge in popularity in the game of golf resulting from the fact that it is one of the few sports people can play while also socially distancing themselves from others.

“It’s difficult to shut it down so abruptly and then wind it back up again. But overall, we’ve done very well.”

This surge now has the company running three shifts seven days a week, said Simonds, adding that Callaway is now struggling to meet global demand, especially for its lower-priced, entry-level products (more on that later).

But even for those companies that were not shut down, have not seen shrinking demand for the products they make, or been helped by the rush to take up golf, the pandemic has led to a time of challenge, uncertainty, and questions about what will, and won’t, come next. And this is a difficult climate to operate in, said Borsari, who tried to put things in perspective for BusinessWest.

“The biggest challenge is that there is no playbook for what we’re dealing with,” he explained. “This thing has come through and almost indiscriminately picked out specific companies and industries and devastated them and left others somewhat unscathed. It depends on who their market is, where they are on the supply chain, who their vendors are, who their customers are … there are so many variables.

“Normally, when you run into these challenges in business, you can at least do some research or talk to some people who have been through it before to get a gauge for what was successful,” he went on. “With this, there is none of that.”

Parts of the Whole

Flashing back to early March, Carlson noted that, at least in one respect, the company was ready for what was coming.

“We had just put in a very large order for toilet paper and other supplies from Staples,” she recalled, adding that, soon thereafter, such essentials were certainly hard to come by. “I was telling everyone that I had something like 180 single rolls of toilet paper … so if you guys can’t find any, we’ll sell it to you for cost.”

But beyond that, there was little way to anticipate, let alone prepare for, the pandemic and the many ways it was going to change the landscape for all businesses, and especially manufacturers. And for many, there was uncertainty about whether the doors would remain open as the state began to shut down businesses to help slow the spread of the virus.

Fortunately, for many, this uncertainty was short-lived.

Vince Simonds

Vince Simonds says a pandemic-related surge in the game of golf has helped take the sting out of being shut down for two months this past spring, Callaway’s busiest time for making golf balls.

“We’re the largest medical and surgical manufacturer in the country, and we also do a lot of work for government agencies and the military with gun-cleaning products,” said Borsari, adding that Sanderson MacLeod was able to get the green light from the state and the town of Palmer to remain open for business.

“Getting deemed essential was important for us,” he recalled. “One of the concerns for the people was whether they’d have a job; they were seeing all these companies shut down around them, and that was the biggest concern they had from the beginning — whether we would be allowed to stay open.”

The company has been fortunate in other ways as well, he said, noting it had undertaken catastrophic planning and redundant sourcing before the pandemic, so there were few if any supply-chain issues once COVID struck. And its supply needs are relatively simple.

“Some of these companies are putting together computers with 4,000 parts,” he explained. “We’re really working with wire fiber and attachment components; it’s not nearly a deep a supply issue as other companies had.”

Meanwhile, demand for many of the products made by the company, especially those in the gun-cleaning realm, has actually grown, again because of the growing levels of turmoil in the world.

“One of the concerns for the people was whether they’d have a job; they were seeing all these companies shut down around them.”

Carlson sounded similar tones, noting that, in many respects, the pandemic hasn’t impacted the overall bottom line; in fact, it has helped generate more business with some clients.

It didn’t look that way back in the spring, when the state’s shutdown, which most thought would last a few weeks, instead stretched to nearly two months. “At that point,” she said, “I was pretty confident that 2020 was going to be a bust.”

Instead, it’s shaping up to be better than last year — which was quite solid.

“We’re not just steady, we’re busy, and we’re getting busier,” she told BusinessWest, adding that the company had a record July, usually one of its slower months. “A lot of that’s on the defense, not aerospace, side, but also our defense aerospace has picked up a lot as well.”

But in addition to creating more work, the pandemic has also changed how work is carried out, creating a number of challenges for those managing plants, especially early on in the pandemic, when there was little guidance on how to keep workers safe — and also little hand sanitizer to be found.

“We had to get people to understand that they can’t stand shoulder to shoulder with one another — you have to maintain that six feet,” Carlson said. “I had put limits on the number of people who could be in rooms with closed doors; we’d take turns disinfecting the entire shop. In the morning, one guy does the shop floor, at lunchtime, another one does it, and at the end of the day, they do it again.”

Simonds agreed, and noted that, by strictly enforcing the rules and following the protocols, the plant has seen no cases, and no interruptions, since reopening.

“We’re sticking to the CDC protocols, and it’s worked for us,” he said. “Everyone is temperature-screened; everyone wears a mask at all times; we’re restricting meeting rooms based on square footage and number of people in the rooms; no employee gatherings beyond the number cited by the state; anyone who goes on vacation and travels outside of Massachusetts to a restricted area has to follow protocols coming back in.

“One of the challenges was just getting used to things,” he went on. “Wearing a mask, especially in the summertime, is difficult, but people have been great, and we’re all used to it now; it’s just a matter of practice.”

Round Numbers

For Simonds and his team, the state-ordered shutdown came, as noted earlier, during the busiest time of the year for the facility, which has enjoyed a resurgence over the past few years as Callaway has made huge strides in gaining market share within the golf-ball industry.

And turning everything off is, as he said, a somewhat complicated undertaking.

“For any machines that have materials in them, they have to be purged properly,” he explained. “We need to take all the raw materials that are sensitive to environmental conditions and put them in environmentally controlled areas. We need to take care of WIP — work in process — and try to process as much as possible so we don’t have time-sensitive WIP sitting on the production floor.

“It’s a matter of systematically shutting down operations so we don’t have inventory sitting in the wrong places,” he went on, adding that the process was made more complicated by the fact that no one really knew for how long the plant would be dark.

Meanwhile, on the personnel side, most all employees were furloughed — and nearly all of them came back, he went on, adding that the operation slowly wound back up, but since then, activity has sped up dramatically, with many of those employees securing large amounts of overtime.

“We’ve gone from zero to 100 as quickly as we could. Once the golf courses started opening up, the demand for product was almost unprecedented — there was so much golf being played,” Simonds said, adding that courses in most all states were open several weeks before the plant was reopened — if they had closed at all. “And the golf business has remained pretty strong; we’re chasing demand.”

The same is true at Peerless and Sanderson MacLeod, where, in addition to meeting orders, the plants are coping with new ways of communicating, meeting as teams, and planning, as much as possible, for what might come next.

And also learning and growing from the shared experience of not only coping with a pandemic and all the challenges it has brought, but in some cases thriving.

Indeed, Carlson said the past several months have brought a close workforce even closer together as they contend with the protocols, the surge in business, and a shared desire to be prepared for the worst-case scenario while hoping for something much better.

Borsari agreed, and said some of the real ‘opportunities,’ a word he’s hesitant to use in this climate, come in the broad area of relationship building when it comes to both clients and the team at Sanderson-MacLeod.

“It’s been a unique opportunity to connect with our client base in a way we haven’t done before,” he told BusinessWest. “It’s all about collaboratively figuring out the best way to keep both companies open; we’re really had a lot of good relationships become even better because we realize how dependent we are on one another.

“And as an organization, finding our way through this together has made us stronger,” he went on. “We’ve done everything we can as a company to make this a place of normalcy. Everything else around them was going crazy, and one of the key points we made in March was to do everything we can to follow the mandates and make sure our people are safe, but we also want to make sure to maintain normalcy as much as we can.”

Up Off the Floor

Looking ahead, Carlson said her company has taken what steps it can to be prepared for what might come next.

Yes, that means stocking up on toilet paper, hand sanitizer, and other pandemic-related needs that were in such short supply when the first wave hit six months ago.

“I’m ready for us to keep moving the way we’re moving,” she explained. “Even if we did walk back any of the phases of the reopening or went back into a shutdown, we’d still be open and still going at the pace we’re going, and perhaps be even busier; we’re prepared.”

But, as Borsari noted, even for manufacturers in the coveted ‘essential’ category, there is too much uncertainty to ever be comfortable, or fully prepared.

“Nothing is stable,” he said. “Just because we’re essential doesn’t mean anything’s safe or easy; so much is dependent on the attitude of the state, or the people who decide to come to work or not come into work, tariff measures, travel bans … all of these could have an impact.”

Such is life in a sector that, like most others, has seen COVID-19 change almost everything and create conditions that are anything but business as usual.

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

Law Special Coverage

Red Ink

Steve Weiss

Steve Weiss says he’s getting a steady volume of calls from business owners with questions about bankruptcy or liquidation.

Steve Weiss says the wave of bankruptcies that he and others in his line of work are expecting certainly hasn’t reached shore yet, to use a phrase appropriate for this time of year.

“But you can definitely see it building out there — it’s coming; you can see it rolling in,” said Weiss, who specializes in bankruptcies and workouts for the Springfield-based law firm Shatz, Schwartz & Fentin.

This wave is comprised of both corporate and consumer (personal) bankruptcies, and it will be large and hit with considerable force, he went on, adding that a number of factors are colliding that will make it so.

On the corporate side, while many companies have been able to hang on and survive the pandemic to date, they have done so thanks largely to government stimulus initiatives that are due to be exhausted soon, leaving business owners and managers wondering how they will pay people and all their bills. And on the consumer side … it’s a very similar story.

Indeed, unemployment benefits and stimulus checks have helped many make ends meet, but those checks are projected to end soon for large numbers of people, if they haven’t ended already.

“My phone is starting to ring more with business owners who are either unsure how they’re going to make it, or are sure they can’t — the virus has just clobbered their business,” said Weiss, who said his next phone call after the one with BusinessWest was with a business owner looking to talk about bankruptcy or perhaps liquidation.

“My phone is starting to ring more with business owners who are either unsure how they’re going to make it, or are sure they can’t.”

Such calls are starting to come in with increasing frequency, said Mike Katz, a partner with the Springfield-based firm Bacon Wilson and one of the region’s pre-eminent bankruptcy specialists. He used a different, though similar, metaphor to describe what’s coming.

“I think the dam is about to break — we’re on the cusp of a tsunami of bankruptcies,” he said. “It hasn’t happened yet, but it’s going to happen.”

There have already been many, especially on the corporate side, he went on, noting that many large and famous names, many from the retail sector, have filed for Chapter 11 protection. That list, which continues to grow, includes Lord & Taylor, J. Crew, Brooks Brothers, Gold’s Gym, Neiman Marcus, JCPenney, Hertz, 24-Hour Fitness, Chuck E. Cheese, California Pizza Kitchen, and Men’s Wearhouse.

Those names reveal the types of businesses that are most in jeopardy, Katz continued, adding that, locally, many small businesses in the hospitality, retail, and fitness realms — but many other sectors as well — face severe challenges as they try to survive the pandemic.

For some in this category, an emerging option is what’s being called the ‘fast-pass’ small-business bankruptcy process, otherwise known as Subchapter V of Chapter 11 of the Bankruptcy Code. This new subsection, which became effective in February, is not a response to COVID-19, but certainly seems to be tailor-made for the economic crisis the pandemic has created.

Mike Katz

Mike Katz is expecting a “tsunami” of bankruptcy filings. What he doesn’t know is when this wave will hit.

That’s because, as the name suggests, it is a faster, less expensive Chapter 11 reorganization path, designed specifically for much smaller businesses than those that seek the Chapter 11 route. To be eligible for Subchapter V, an entity or an individual must be engaged in commercial activity, and its total debts — secured and unsecured — must be less than $7.5 million, a new number (the old one was $2.725 million) resulting from provisions of the COVID-inspired CARES Act. At least half of those debts must come from business activity.

Katz and others we spoke with said the fast-pass option holds potential for some businesses, but there are challenges within its many provisions, including the need to come up with a reorganization plan within 90 days of the filing. Such plans may be difficult to develop given how difficult it is to see even a few weeks down the road, let alone several months, because of the pandemic.

“The one downside is you file your bankruptcy papers, and you’re required, within 90 days, to put a plan in place,” said Mark Cress, a bankruptcy specialist with the Springfield-based firm Bulkley Richardson. “That’s a short window, and a lot of small businesses are barely holding their own.”

For this issue and its focus on law, BusinessWest talked with these bankruptcy lawyers about what they can already see coming. They can’t predict when this particular surge will begin, but they say it’s almost unavoidable.

Chapter and Verse

While Katz and Weiss were crafting analogies to waves and tsunamis, Cress wanted to draw parallels to the Great Depression.

Indeed, he told BusinessWest that the current conditions rival, and in some cases (such as the quarterly decline in GPD) actually exceed those of the Great Depression that started roughly 90 years ago.

“This is worse than the Great Depression in a lot of ways,” he said. “The dip in the economy — it dropped by a third — was something we’ve never seen before. And but for the way the Fed has handled this, it would be devastating; those multi-trillion-dollar programs … they’re the only thing that’s sustaining us. Without that, the whole house of cards would collapse.”

To further state his case — that’s an industry term — Cress pointed to numbers contained in an analysis authored by Morning Consult economist John Leer, who noted that, without additional funding, millions of unemployed Americans are at risk of financial insolvency by the end of this month.

“The personal finances of workers who have been laid off or placed on temporary leave since the onset of the pandemic deteriorated in July,” Leer wrote. “The July survey found that 29% of unemployed and furloughed workers lacked adequate savings to pay for their basic living expenses for the month, up 16% in June. This monthly change contrasts with June, when the finances of laid-off and furloughed workers improved. At that point in time, many renters and homeowners took advantage of the rent-deferral and mortgage-forbearance options included in the CARES Act, thereby driving down their monthly expenses.”

Mark Cress

Mark Cress says the new ‘fast-pass’ bankruptcy process may be a viable option for some, but the process doesn’t leave business owners much time to create a reorganization plan.

Cress backed up that commentary with some other, very sobering numbers regarding renters.

“One-third of all renters weren’t able to make their July rent,” he noted. “And more than 60% were concerned they won’t make August. So you can imagine the ripple effects this will have … many small-time landlords, with one or two tenants, may not be able to pay their mortgage.

“And you if get enough defaulted mortgages … then banks start to pull in their horns, and all of a sudden the credit markets freeze up, and you have a real disaster,” he went on, drawing analogies, again, to what happened nine decades ago.

Looking at these statistics and possible scenarios, it’s easy to see why bankruptcy lawyers are expecting a wave, or tsunami, of personal bankruptcies to hit this area — and the nation as a whole — soon, with ‘soon’ being a relative term.

“Some people are getting unemployment benefits, but it looks like that’s ending,” said Weiss. “There’s a foreclosure and eviction moratorium that’s ending in October, and there are already people living on credit cards and exhausting their savings just trying to get through this — and it’s going to be a while before jobs come back.

“So it’s a matter of sooner than later,” he went on. “And bankruptcy is something of a trailing indicator; it takes people a while to get the point where they need to file for bankruptcy — the credit-card bills don’t become unmanageable until several months go by.”

By the Numbers

But the wave will almost certainly involve corporate bankruptcies as well, said those we spoke with, noting that many businesses have struggled to merely survive the past five months. And with the state already pumping the brakes on its reopening plan as reported cases increase, and ever more uncertainty about the future, survival is becoming more of a question mark for many businesses.

That’s especially true within the restaurant sector, said those we spoke with, noting that, while many have been able to reopen, their revenues are still a fraction of what they were pre-COVID. And with fall and then winter coming — meaning far fewer opportunities to serve outdoors — some in this sector are wondering if, and for how long, they can hang on.

“I think the dam is about to break — we’re on the cusp of a tsunami of bankruptcies. It hasn’t happened yet, but it’s going to happen.”

“I’ve been contacted by a number of restaurants, in particular, over the past few months,” said Katz, adding that there have been inquiries from those in other sectors as well. “Some of these have managed to hold on, some have closed some locations while keeping others open … but the number of people I’ve talked to just today tells me that the dam is just teetering, and I think there’s going to be unprecedented times in the bankruptcy field.”

This speculation leads him back to the new fast-pass small-business bankruptcy process, and questions about just how many businesses may try to take advantage of this emerging option, and whether they can be successful with such bids.

“I think a lot of businesses will try doing this because you have a 90-day maximum to get in and get out — that’s how fast this Chapter 11 is going to go,” he explained. “And the whole thing is predicated upon the fact that you only have to propose a plan that provides more to the creditors than they would receive in a liquidation, with no voting.

“Under the current Chapter 11 process, there’s a whole voting process, where you have to get two-thirds of the dollar amount and a majority of the number of creditors to vote in favor of it,” he went on. “But with this process, there’s no voting — it’s a much more streamlined process, and it’s far less expensive.”

With the new ceiling of $7.5 million, many more businesses are now eligible to take this route. But that same 90-day in-and-out period, while attractive in one respect, is daunting when it comes to actually putting a reorganization plan in place.

“I’ve talked with a number of people about it because people are still trying to figure how it works — there isn’t a lot of legal guidance or precedence,” said Cress. “But having to put a plan together in 90 days is going to be very difficult for many small businesses. If you don’t have any profits or any cash and you’re living hand to mouth, it really places an undue burden on you to figure it all out and get creditor sign-off in 90 days.”

Katz agreed. “Most traditional Chapter 11 cases are multi-year, and reorganization is based in projections,” he told BusinessWest. “How do you project when this COVID situation is going to change? If you’re a restaurant, how can you project when people are going to come back to your restaurant and you can go back to something approaching capacity?”

The Bottom Line Is the Bottom Line

Those lawyers we spoke with all expressed a desire not to sound like an alarmist.

But as they talked about what they’re seeing, reading, and hearing on the phone calls they’ve already taken, they admit it’s difficult not to take that tone.

“For many businesses, it’s a matter of survival at this point,” said Cress, noting that survival is becoming more difficult in some sectors with each passing month. “It’s becoming apparent that the recovery is not going to happen as quickly as some had originally hoped, and the effect is going to be much deeper and longer-lasting than people are even letting on.”

And one seemingly unavoidable consequence of all this is bankruptcies, on both the corporate and consumer sides of the ledger.

As Weiss said, the wave hasn’t crashed ashore yet, but if you look — and you don’t have to look hard — you can see it building.

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

Community Spotlight

Community Spotlight

By Mark Morris

Despite what she described as “shifting sands and shifting times,” Easthampton Mayor Nicole LaChapelle believes her city is more than holding its own in the face of COVID-19.

By that, she meant this community of roughly 16,000 people is moving ahead with a number of municipal projects and economic-development initiatives. And it is also undertaking several efforts, often in cooperation with other entities — such as the Greater Easthampton Chamber of Commerce — to help its business community, and especially the very small businesses that dominate the landscape, weather this intense storm.

“We’re focused on a good, basic plan that addresses infrastructure and quality of life for everyone in our city,” she said, as she addressed the former — and the latter as well.

In that first category, she listed everything from a $100 million school-building project to a $45 million mixed-use development, called One Ferry, that involves renovating old mill buildings and reworking the infrastructure in the Ferry Street area.

“Easthampton’s grit and resilience has gotten us through things like this in the past, and it’s getting us through these scary times. It’s not graceful, but we’ll still be standing at the end.”

And in the second category, she mentioned several initiatives, from small-business grants to a community-block-grant program designed to help microbusinesses, to efforts to help renters. Indeed, the city has put aside $300,000 in relief for renters; the relief begins in the fall and is meant to keep an important source of affordable housing in place.

“If you start losing renters, many of the owners will have to sell because they’ll have trouble paying their mortgages,” the mayor said, adding that there are many ripple effects from the pandemic, and the city’s strategy is to keep the ripples from gaining size and strength.

Overall, LaChapelle acknowledged that COVID-19 is forcing businesses, families, and institutions to make pivotal changes during very uncertain times, but she remains an optimist.

“Easthampton’s grit and resilience has gotten us through things like this in the past, and it’s getting us through these scary times,” she noted. “It’s not graceful, but we’ll still be standing at the end.”

Progress Report

Like other mayors BusinessWest has spoken with in recent weeks, LaChapelle said COVID-19 has certainly impacted businesses in every sector, changed daily life in innumerable ways, and even altered how city government carries out its business.

But in many respects, it hasn’t slowed the pace of progress in the city — at least when it comes to a number of important municipal and development projects, including the aforementioned school project.

Mo Belliveau

Mo Belliveau

“It’s one place where anyone who wants to do business in Easthampton can go to learn about what resources are available to them.”

The as-yet-unnamed school, located on Park Street, is an example of several elements of the city’s plan coming together. The new building will house students from pre-K through grade 8, replacing three older elementary schools in Easthampton. New road infrastructure is planned in front of the building as well, with the addition of a roundabout intersection.

LaChapelle noted that the $100 million project is slightly ahead of schedule and should be completed by late 2021 or early 2022. The roundabout will be completed this month.

Meanwhile, other projects are taking shape or getting ready to move off the drawing board. One involves River Valley Co-op, the Northampton-based food cooperative, which is currently building a 23,000-square-foot market in Easthampton on the site of the former Cernak Oldsmobile Pontiac dealership. The co-op is scheduled to open by spring or summer of next year.

Once complete, the mayor explained, River Valley will employ 60 full-time union workers with the potential to expand to nearly 100 workers in the next two years. Road improvements that will benefit the new co-op include a dedicated turning lane into the market and straightening the road in front.

“This is an area along Route 10 that has been a traffic pain point for economic development,” she said. “While it’s a $400,000 project, we expect the return to far exceed those dollars.”

Another project in the works is One Ferry, an initiative expected to bring new residents, new businesses, and more vibrancy to the city.

“In the next 18 to 24 months, this project will add quality apartments, condominiums, and office space,” LaChapelle said, adding that public infrastructure to support this project includes a roundabout that connects a residential area, the industrial park, and the mill district of Easthampton. The first building in the project, recently completed, provides space for two businesses and two apartments.

“Right now, this project is providing jobs and vitality for the area, and that will only increase,” she noted. “One Ferry is huge for our future.”

Dave Delvecchio

Dave Delvecchio

“While many restaurants in the city were affected by the virus, they’ve adapted well by doing things they didn’t do before, like offering takeout options. It’s remarkable that they’ve been able to continue to offer a service to the community, but in a different way.”

Another bright note for the future involves Adhesive Applications, which makes adhesive tapes for use in more than a dozen industries. The longtime Easthampton manufacturer is planning a 40,000- to 50,000-square-foot addition to the company, the mayor said.

The chamber and the mayor’s office are also working together on Blueprint Easthampton, a resource map designed for entrepreneurs and business people.

“It’s one place where anyone who wants to do business in Easthampton can go to learn about what resources are available to them,” said Mo Belliveau, executive director of the chamber.

According to a news release on Blueprint Easthampton, the mapping initiative will improve access to available business tools and strengthen the links between the city and the business community.

New Normal

While work continues on these projects, efforts continue to assist those businesses impacted by the pandemic. And the Greater Easthampton Chamber has played a large role in such efforts.

Prior to the pandemic, Belliveau had begun shifting the emphasis at the agency away from events and more on education and discussion-type programming. After organizing and scheduling programs for the year, stay-at-home orders went into effect in March and wiped out all those plans.

“Like so many small businesses, we at the chamber had to pivot along with our partners and find new ways to provide meaningful value to our community,” Belliveau said, adding that many of these new ways involve providing information — and other forms of support — to businesses during the pandemic.

Indeed, Easthampton received a $30,000 grant from the state attorney general’s office designed to help small businesses pay for COVID-19-related expenses and allow them to continue their operations. LaChapelle invited the chamber to be the administrator of what became the Greater Easthampton Sustaining Small Business Grant (SSBG) program. Applicants could request up to $1,500 and use the grant for buying PPE, paying their rent, or purchasing supplies needed to comply with state guidelines on reopening.

A total of 31 businesses qualified for the grants, which were to be awarded on a first-come, first-served basis. Fortunately, all 31 applicants received grant money totaling more than $43,000, thanks to donations from Easthampton-businesses Applied Mortgage, which kicked in an additional $10,000, and Suite 3, which covered the remainder of the funding requests.

“My goal going forward is to find other businesses that are able to contribute to this effort so we can do another round of funding,” Belliveau said. “The need is great, and the money from this first effort went fast.”

In addition, Easthampton and six surrounding communities recently became eligible for a $900,000 Community Development Block Grant to help microbusinesses get through the pandemic. Businesses with five or fewer employees can apply for up to $10,000 in grant money. Easthampton was the lead community in applying for the block grant.

“We have many innovative small businesses in Easthampton who still can’t reopen,” LaChapelle said. “This grant program is designed to help them stay afloat.”

Dave DelVecchio is president of Suite3, a company that provides IT services for businesses of all sizes. While most of his customer base is in Western Mass., Suite3 also has clients internationally and in several U.S. states.

As an IT service provider, DelVecchio measures success by “ticket requests,” an indication that a customer needs support. When COVID-19 started taking its toll and many businesses were shut down in March and April, ticket requests were at their lowest point. Since then, Suite3’s business has come back to pre-pandemic levels.

As a past president and current treasurer of the chamber, DelVecchio was concerned about the impact COVID-19 was having on the business community, and especially its growing portfolio of restaurants.

“While many restaurants in the city were affected by the virus, they’ve adapted well by doing things they didn’t do before, like offering takeout options,” he said. “It’s remarkable that they’ve been able to continue to offer a service to the community, but in a different way.”

He added that Easthampton has a good number of other businesses affected by COVID-19 that did not receive as much attention as the restaurants.

“Businesses such as travel agencies and professions that require personal interaction, like chiropractors and massage therapists, were also affected by the virus,” he said, noting that the SSBG and Community Development Block Grant can make a real difference for such businesses.

Coming Together

DelVecchio credits Belliveau with changing the focus of the chamber to more education without losing its important role as a provider of networking opportunities. Part of the changing organization involved moving from an annual fee model to monthly dues. While that can be a risky move, DelVecchio noted there was almost no attrition in membership.

“We are grateful that we continue to get support from the business community and they see value in the chamber,” he said, “especially at a time when expenses are being put under greater scrutiny.”

This support is another indication of how the community, which had been thriving before the pandemic, has come together to cope with a crisis that has provided a real test — or another real test — for residents and businesses alike.

As the mayor noted earlier, Easthampton’s grit and resilience has helped it survive a number of economic downturns and other challenges in the past. And those qualities will see it through this one as well.

Features

What’s New?

By Isaac C. Fleisher

It’s that time of year again. On July 20, the Cannabis Control Commission (CCC) revealed the latest round of proposed revisions to its regulations. Following a period of public comment and review, the CCC is scheduled to take a final vote on these revisions on Sept. 4.

Last year’s round of revisions made waves with two new categories of licenses (social consumption and home delivery), but this year’s revisions are more focused on the owners behind the licenses. This is not too surprising because the demographics of license ownership has become a heavily debated (and litigated) topic.

When the CCC crafted its initial regulations (way back in the halcyon days of 2018), it included provisions intended to diversify the industry, such as a fast track to licensing for economic-empowerment (EE) applicants, as well as fee waivers, training, and technical assistance for social-equity (SE) applicants. Even the new license types that were created under last year’s revisions to the regulations are initially reserved for EE and SE applicants. However, as small startups slam into the economic realities of the cannabis industry, it has revealed a tension between the need for capital and the need for equity.

The CCC’s latest round of draft revisions would require economic-empowerment applicants to satisfy at least one of the criteria related to ‘majority equity ownership’ and then report any changes of ownership and control when renewing their license. EE status is revoked if fewer than 51% of the owners meet the EE criteria. Similarly, the draft revisions specify that the various fee waivers and discounts available to SE applicants only apply to licensees with at least 51% SE ownership.

Last year’s round of revisions made waves with two new categories of licenses (social consumption and home delivery), but this year’s revisions are more focused on the owners behind the licenses.

These changes would help prevent EE and SE certification from being turned into a commodity that could be purchased by investors that were never the intended beneficiaries. However, it would also further trap EE and SE applicants in the catch-22 of needing to raise millions in investment without giving up equity to investors that don’t satisfy the EE or SE criteria.

The draft revisions also seek to tighten the definition of what constitutes ‘control’ over a cannabis business. This is significant because Massachusetts prohibits any entity from controlling more than three licenses of any type. This restriction is a substantial departure from the trend in most other states that have legalized a recreational cannabis industry, and it has become a thorn in the side for cannabis investors trying to build a diverse portfolio, as well as for large, multi-state cannabis companies that rely on economies of scale. As a result, more than a few savvy investors and entrepreneurs have utilized creative corporate structures in an attempt to circumvent the limitations on control.

In 2019, the CCC made substantial updates to its definition of control, making it clear that it was serious about enforcing the three-license cap. The current draft revisions further expand the definition of control by establishing a precise dollar amount for the types of contracts that would be evidence of control; clarifying that anybody with the power to appoint 50% of the company’s board is in control of that company, whether the board members are called directors, managers, or anything else; and, in a possible sign of the times, establishing that a person appointed as a receiver for the licensee is in a position of control.

Additionally, the revisions would redefine the threshold for when control over a parent company constitutes control over the subsidiary. In the current regulations, anybody “with a controlling interest in” the parent company is considered to have control over the subsidiary, but the revised draft would change this to anybody “having control over” the parent company. This subtle change is potentially significant, as the “controlling interest” language has generally been interpreted to relate only to an actual equity interest, while the meaning of “having control” could include people with substantial decision-making authority, even if they are not actually a majority owner. These changes may not be nearly as substantial as the 2019 overhaul of the definition of control, but the fact that the CCC felt that additional changes were necessary at all is a sign that attempts to circumvent the license cap are still happening.

One prosed change that seems to cut against the trend of tightening restrictions on ownership is the revision to the craft marijuana cooperative license, which would actually loosen the requirement that a member of the cooperative filed a profit or loss from farming in the last five years (i.e. they’re a farmer). If accepted, the revisions would allow a cooperative to satisfy this requirement by merely leasing land from such a person. There are plenty of good reasons for this change, but ultimately it likely arises from the CCC’s recognition that the requirements for a craft cannabis cooperative are so burdensome and idiosyncratic that only three applications have been submitted for this license type, and of those, only one has even received a provisional license.

With nearly 550 applications receiving provisional or final licenses, and only 122 currently authorized to commence operations (and a shameful dearth of racial or economic diversity among these licensees), it is becoming clear there is a financial bottleneck in the licensing process. Most commercial financial institutions still won’t go anywhere near the cannabis industry, and cannabis entrepreneurs must therefore rely on venture-capital financing. The result has been an increase in the number of provisional licenses being ‘flipped’ as small startups are forced to sell out to simply cover their growing debt.

This trend toward market consolidation has put the CCC’s equity provisions and ownership limitations under tremendous strain. The draft revisions address that strain by attempting to close potential loopholes in the restriction. These changes would certainly help align the letter of the law with the spirit of the law, but ultimately, they do not address the actual root of the problem.

In order to build a cannabis industry that is stable, sustainable, and diverse, much more needs to be done to lower the economic barrier of entry, such as establishing a state lending program to provide SE and EE applicants with access to financing, or even just simplifying the licensing process so that applicants aren’t forced to submit hundreds of pages of plans, policies, and procedures, only to wait over a year just to obtain a provisional license. But those changes may need to wait for 2021.

Attorney Isaac C. Fleisher is an associate with Bacon Wilson, P.C., where his practice is focused on business and corporate law, with particular emphasis on the rapidly expanding cannabis industry. An accomplished transactional attorney, he has broad experience in all aspects of business representation in legal matters ranging from mergers and acquisitions to business formation and financing; (413) 781-0560; [email protected]

Features

An Uphill Battle

By Mary Bonzagni

Federal trademark registration is viewed as an attractive form of property-rights protection for most industries. The benefits of such a registration are numerous.

A federal trademark registration serves to recast what would normally be localized common-law trademark rights into nationwide trademark rights. It provides the owner with the right to use the ® designation, to enforce the owner’s rights in federal court, and to file the trademark registration with U.S. Customs to block infringing imports. A federal registration also provides a basis for registering the trademark in foreign countries and jurisdictions.

Unfortunately, members of the cannabis industry have faced an uphill battle when trying to protect their brands on the federal level.

This article will focus on strategies for protecting trademarks used on CBD products, which may be grouped into two categories: marijuana-derived CBD products and hemp-derived CBD products.

Mary Bonzagni

Mary Bonzagni

“Unfortunately, members of the cannabis industry have faced an uphill battle when trying to protect their brands on the federal level.”

Marijuana is still treated as a controlled substance and is illegal under the Controlled Substances Act (CSA), regardless of its legality under certain state laws. As such, trademarks for marijuana-derived CBD products cannot be federally registered. The U.S. Patent and Trademark Office (USPTO) has issued trademarks for goods and services that are indirectly related to marijuana, but the closer the description of goods and services is to the sale or distribution of marijuana, the less likely it is that the UPSTO will allow the application.

Hemp was previously regulated as an illegal substance under the CSA. It was removed as an illegal substance under the Agricultural Improvement Act of 2018, also known as the Farm Act, which federally legalized hemp and hemp-derived products that contain no more than 0.3% THC (by dry weight). The 2018 Farm Act legalized CBD derived from hemp not from marijuana, so, at least for now, the federal government will view the source of the CBD as decisive in determining its legality under federal law.

To recap, marijuana-derived CBD products are illegal under federal law, and, thus, trademarks for such products cannot be federally registered. On the other hand, products infused with CBD derived from hemp, which have a low-THC content, are now legal under federal law, and the trademarks under which they are used are capable of federal registration. Being capable of federal registration, however, does not guarantee registration.

The U.S. Patent and Trademark Office’s current policy is to refuse trademarks for foods, beverages, dietary supplements, and pet treats containing hemp-derived CBD that have not been approved by the Food and Drug Administration (FDA). These goods raise lawful-use issues under the Federal Food Drug and Cosmetic Act (FDCA). Trademarks for the following goods, however, can be federally registered:

• Hemp-derived CBD products that are not consumed (e.g. salves, ointments, and skin oils) which contain less than 0.3% THC on a dry-weight basis; and

• ‘Generally recognized as safe’ (GRAS) products (e.g. hulled hemp seeds, hemp seed protein powder, and hemp seed oil). On Dec. 20, 2018, the same day the 2018 Farm Act took effect, the FDA approved the sale of hulled hemp seeds, hemp seed protein powder, and hemp seed oil, and the use of these products in human food. Therefore, trademarks for these hemp products are eligible for federal registration at the USPTO.

In addition, trademarks for hemp advocacy groups and trade associations, and for services such as consulting and advertising services and the like, can also be federally registered. It is legal for advocacy groups and trade associations to educate the public and advocate for changes in hemp and marijuana laws. Thus, the USPTO is willing to issue trademarks to those groups and to others providing services to the legal hemp industry.

Let’s assume for purposes of this article that your trademark is being used on goods that do not fall within one of the above categories, and thus your trademark cannot be federally registered. Here are some options for proceeding.

Federal Registration for Permissible Ancillary Products and/or Services

The first area to explore is whether you also sell goods or offer services that fall outside the restrictions of the CSA or FDCA. For example, do you sell goods without CBD as an ingredient, or provide a website featuring blogs and publications (e.g. articles, brochures, etc.) advocating for changes in hemp and marijuana laws, which constitute lawful goods or services? By obtaining a federal trademark registration in relation to any such lawful goods and services you provide (i.e. registering around the edges of the CSA or FDCA), you may still be able to protect your brand.

Alternatives to Federal Registration

Whether or not you pursue federal registration, you should also consider proceeding within the common-law and state-law frameworks so that you can protect your mark within your geographical trading area. You may also consider copyright protection to protect your logo or design trademark.

Common-law Trademark Rights

By using your trademark in commerce on select goods and services, you will develop common-law rights in that mark. Common-law rights are based solely on use of the mark in commerce within a particular geographic area. Your common-law rights may be used to stop infringers.

State Registrations

Another option to consider is seeking one or more state registrations for your trademark in states that recognize the legality of your goods or services. While state registrations confer the benefits of registration only within the boundaries of that state, registering on the state level can be an effective way to protect your mark and to prevent third parties from using the same or confusingly similar mark on the same or similar goods or services in that state.

Copyright Registrations

Copyright protection may constitute an alternative route to protecting your logos or design trademarks, provided they contain original authorship and are not just familiar shapes, symbols, or designs. Copyright is a form of protection provided under U.S. law to ‘original works of authorship,’ once fixed in a tangible form. A copyright registration establishes a public record of a copyright claim as well as offering several other statutory advantages.

In Conclusion

CBD-based businesses should start using their trademarks on their goods and services as soon as possible in order to establish common-law trademark rights, seek federal registration for trademark uses that are legal under the CSA and do not raise lawful-use issues under the FDCA, seek state registrations in states where trademark use occurs and where cannabis use is legal, and seek copyright registrations for eligible logo and design trademarks.

Please contact us for further information or to set up an initial consultation. We look forward to assisting you in protecting your valuable IP.Please contact us for further information or to set up an initial consultation. We look forward to assisting you in protecting your valuable IP.Please contact us for further information or to set up an initial consultation. We look forward to assisting you in protecting your valuable IP.

Mary Bonzagni is the IP partner with the Springfield-based law firm Bulkley Richardson; (413) 272-6200.

Coronavirus Manufacturing

Current Events

Tony Contrino

Tony Contrino says his utility’s extensive practice with preparing for weather events has certainly helped in its efforts to cope with the pandemic.

 

Tony Contrino says Westfield Gas & Electric, like all utilities, has considerable practice watching storms develop, getting ready for possible damage, and, as the old saying goes, hoping for the best but preparing for the worst.

The COVID-19 pandemic has been like that — sort of, said Contrino, general manager of Westfield G&E. It could be seen coming, and there were certainly efforts to prepare for it. But the pandemic is, in most all ways, not like weather events like Tropical Storm Isaias, which barreled through Western Mass. earlier this month, leaving sometimes days-long power outages up and down the Valley and creating huge headaches for utilities — and the customers they serve.

Indeed, those storms come and go, the damage is repaired, and life goes — until the next storm. This crisis is different, not only in its duration, but in its far-reaching effects — everything from a significant drop in electricity use (7% to 10% are the most often-given estimates), and its impact on the bottom line, to an equally sharp rise in delinquent payments, which also affects the bottom line, to changes in how work is carried out — right down to putting one person in each truck, rather than two.

But as with those weather events, area energy providers are working their way through this crisis, adapting and pivoting, as businesses in all sectors have, and encountering challenges and opportunities — again, like most all other businesses have. But, unlike many businesses, they’re providing a vital service, and thus they’re being diligent about working with, and communicating with, those they serve.

“It’s certainly a different, and very challenging, time — for us, but also for all our customers,” said Contrino. “We’ve made a real effort to communicate through all this, not only with employees but customers as well. We’re trying to keep people aware of what’s going on and what our plans are, and try to give them some assurance that we want to work with them.”

Craig Hallstrom, Eversource’s president of Regional Electric Operations for Massachusetts and Connecticut, agreed. He said the investor-owned utility has been working to keep the power on — yes, Isaias has certainly impacted those efforts — while keeping employees and customers safe.

“It’s been a very different year for us and for all utilities,” he told BusinessWest. “We have half our workforce working at home, and people have been very creative and able to adapt to their work at home. We’ve been able to work differently to do the things we need to get done. Everyone’s working differently — we’ve learned how to use videoconferencing very well — and, for the most part, we’re getting our work done.”

Craig Hallstrom

Craig Hallstrom

“It’s been a very different year for us and for all utilities.”

While making adjustments within their own operations, the utilities we spoke with said they’re working with clients, both commercial and residential, to help during this time of crisis.

Jim Lavelle, general manager of Holyoke Gas & Electric, observed that, while his utility is facing declines in revenue and sharp rises in delinquent payments — further impacting cash flow — these problems often pale in comparison to what customers are facing.

“If we were looking at our losses in isolation, we would be very alarmed, and we are concerned about the numbers,” he noted. “But when we look at the impact to the overall economy and what many of our customers are going through … we’ll figure out a way to manage and get through this.”

For this issue and our ongoing coverage of the COVID-19 crisis, BusinessWest shines a light, pun intended, on how the pandemic has impacted those in the energy business — and how they are responding.

Hitting the Switch

As he talked with BusinessWest, Contrino was just returning from a vacation — only he didn’t get as much relaxation time as he planned, or hoped. Isaias saw to that.

“I was very involved in the storm activity — I just took care of it all remotely,” he said nearly a week after the storm came through, leaving tens of thousands across the region without power for long stretches and “hitting Westfield hard,” as he put it.

That phrase is appropriate for the pandemic as well, obviously, and it applies to every community across the region. Indeed, large numbers of businesses, including some large users of electricity, such as colleges and universities and some manufacturing facilities, but mostly smaller ventures in the hospitality and service sectors, have been shut down for long stretches. And some, like the colleges, are, for the most part, still closed.

Jim Lavelle says Holyoke G&E

Jim Lavelle says Holyoke G&E was thinking about consolidating some facilities, but COVID-19 and a need to socially distance has prompted a re-evaluation of those plans.

Meanwhile, many businesses that are open are struggling and finding it difficult to pay all the bills, including the one from the utility company. And many individuals working for these businesses — or not, as the case may be — are in the same boat, with matters likely to get worse before they get any better (see related story on page 53).

All this has presented a number of challenges for utilities, who are responding, as all businesses are, with use of reserves, belt tightening, and sometimes delaying planned expenditures when possible.

While estimates on the decline in power usage vary — Lavelle also put it at roughly 10% — and the overall drop in demand has been mitigated to some degree by a very hot summer that has commanded more use of air conditioners, said Hallstrom, the bite is significant.

“Over the course of a year, a 10% reduction would mean an impact to us in the vicinity of $4 million to $5 million — and that’s a big number,” Contrino noted. “We’re cutting back, we’re not doing some of the work we would typically be doing, and we’re trying to control expenses as best we can and work our way through this.

“We anticipate that we’re going to be hit on the receivables side, and we’re planning for that,” he went on. “We’ve got funds in place to help us with that, and we’re thinking long-term — I don’t think this is going to end that quickly; I’m sure it’s going to extend into next year to some degree.”

Lavelle agreed, noting that, while Holyoke G&E is looking at a similar hit, it has been helped by some new businesses coming online, including a few involved in cannabis cultivation, which are typically large users of power.

“We’re seeing a few of those businesses start to ramp up, and that will offset some of the COVID impact,” he explained. “But the COVID impact is about 10% overall.”

And while that is, as Contrino said, a big number, it pales in comparison to what businesses across a number of sectors are facing, said Lavelle, adding that it’s important to keep things in perspective.

“We can’t compare to what some of the businesses and some of our residential customers are dealing with,” he went on. “Many of our business customers have shut down for months, and that’s been one of the frustrating things about this pandemic — seeing the customers we’ve worked with and that have worked so hard to build up their businesses go through this type of economic challenge.”

To help these businesses — and residential customers as well — Holyoke G&E, like other utilities, has been working with customers to help them through the crisis.

“Many of our business customers have shut down for months, and that’s been one of the frustrating things about this pandemic — seeing the customers we’ve worked with and that have worked so hard to build up their businesses go through this type of economic challenge.”

There is a moratorium on shutoffs for late payments — the governor put one in place for investor-owned utilities, and municipally owned operations have followed suit — and Holyoke G&E is working with individual customers to create payment plans, said Lavelle, adding that, overall, the utility has seen a 25% rise, roughly $1 million to date, in delinquent payments.

Like Contrino, Lavelle said his utility is handling the decline in revenue through reserves and some reductions in expenses, many of which are coming naturally as a result of the pandemic, such as those involving travel, training (some programs cannot be carried out remotely), and other areas.

Lines of Communication

While coping with the pandemic’s impact to their customers, and the bottom line, area utilities have, like other businesses, been forced to adjust and change how they do things.

This means everything from having some employees who can work remotely do just that, to putting one person in each service truck, instead of two; from closing offices, thereby compelling customers to pay online, to taking steps to make sure those in the pivotal control rooms are at minimal risk of exposure to the virus.

Overall, the goal, said those we spoke with, has been to keep people apart as much possible in order to keep operations moving as efficiently as possible. In fact, Holyoke G&E was thinking about consolidating some of its operations prior to the pandemic, and now, it is certainly rethinking that strategy.

“For a fairly small utility, we have several different buildings, and we had been looking at a consolidation plan,” Lavelle said. “But the distance between facilities and the number of facilities has actually helped us comply with social distancing and other recommendations associated with good COVID hygiene. So we’re revising that whole consolidation plan at present.”

Contrino said his utility’s experience in preparing for weather events like Isaias has been beneficial as it continually adjusts to life during the pandemic.

“We’ve had quite a bit of experience working through numerous storms and large-scale electric outages in the past, and have conducted various emergency-response drills over the years,” he explained. “So we were somewhat prepared to take action — although the duration of this pandemic is something we’ve never experienced before.”

Elaborating, he recalled that, as it became clear the pandemic was coming and there would be a significant impact, the Westfield G&E implemented an emergency-management plan, designated a COVID-compliance officer, and formed an incident-response team of key management personnel — a team that continues to meet regularly to discuss what’s happening and what is likely to happen in the weeks and months to come, although looking far down the road is extremely difficult.

“During this pandemic, we’re always concerned about the health and safety of our employees, our customers, and the general public,” Contrino told BusinessWest. “Although we have essential services to provide, we want to keep everyone safe; we have that balancing act going on — while we’re trying to provide our services, we’re also going to keep everyone healthy.”

Hallstrom concurred, also using the phrase ‘balancing act’ to describe how Eversource is working to keep the power flowing while keeping employees and customers safe.

He said roughly half the utility’s 8,000 employees‚ including those in finance, HR, accounting, and other business functions, have been working at home the past 20 weeks or so. Most of ‘his’ 2,800 employees, those who work to directly provide power and maintain service, have been coming to the office — in whatever shape it takes — every day.

Keeping these individuals safe has become a top priority.

“We’ve implanted many safety protocols — we promote face masks and washing hands, and instead of crews going out two per truck, we’ve had them going out one per truck,” he explained. “We’ve actually bought trucks and taken vehicles out of retirement to increase our fleet so that people can go out by themselves in a vehicle.”

Precautions also extend to service in individual homes and businesses — crews will go in only after ensuring there are no COVID-related issues at the address in question — and to the control centers, which are vital to managing the electric system.

“Day to day, we have a sufficient number of people to manage these facilities, but one of the fears from the pandemic is that if someone got sick and they passed it to fellow employees, that might quickly impact our people and make it so we couldn’t operate that system,” Hallstrom explained. “Those people are highly trained, and in the case of transmission, they’re certified, so that was a big concern.”

While some utilities had control-room personnel quarantine and stay in what amounts to a bubble, he noted, Eversource, which has several smaller control rooms, has been able to spread out its people so there are fewer individuals in a given control room, while some of these facilities were set aside as ‘sterile environments’ that employees not infected with the virus could be moved to in order to keep the system running properly.

Meanwhile, like banks, utilities have had to close their doors to their main offices, which have traditionally seen large amounts of traffic involving customers paying their bills or conducting other business. This business has now shifted online in many cases, said Lavelle, and for some customers, it’s been a big change.

“Being shut down has really impacted how we conduct business,” he explained. “We’ve had online services for some time, so a lot of it has been training customers how to pay online or sign up for a new account online; we’ve seen an uptick of more than 200% in online transactions.

“It’s been pretty seamless,” he went on. “There’s been a little bit of hand holding with some customers, but other than that, it’s gone quite well.”

Watt’s Next

Drawing one more analogy to Isaias — and all the other storms his utility has confronted over the years — Contrino said that, when it came to the pandemic, Westfield G&E prepared for the worst.

And this is the mindset that will continue as the crisis plays itself out, with certainly more questions about what’s on the horizon than answers.

“It’s been a difficult time for everybody,” he told BusinessWest. “However, we’ve put a lot of thought and effort into working through this and moving forward in a disciplined and measured manner.”

With that, he spoke for all the utilities that have been working to keep the power on — tropical storms and all — during a crisis that is testing them in every way and on every level.

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

Coronavirus

Safe at Home

By Mark Morris

Keiter Homes’ ‘project of the month’

This before-and-after view of Keiter Homes’ ‘project of the month’ is just one of many jobs keeping crews busy recently.

When COVID-19 began spreading earlier this year, it forced everyone to make adjustments. Or, as Brian Rudd put it, “The pandemic lets you know how prepared you are for change.”

Rudd, owner of Vista Home Improvement, said his company handles around 700 projects every year, and keeps everything straight by following an organized process. Once the pandemic hit, those processes had to change on the fly.

“Thanks to our staff and our company culture, we were able to adapt quickly, especially in the way we interact with our customers,” Rudd said, adding that some of the changes, such as heavier reliance on technology to interact with customers and employees, will benefit the business long after coranavirus is under control.

Amid such changes, though, several home-improvement contractors who spoke with BusinessWest tell a similar story about 2020.

Specifically, they all experienced downtime in March and April; even though they were included among ‘essential’ workers, the home-improvement business suffered a severe slowdown, as most people were not comfortable with any outsiders in their home during the early months of the pandemic.

But as more precautions have been put in place, business has returned to most companies — and, in some cases, increased over last year.

Back in December, Ger Ronan, president of Yankee Home, organized what he calls a ‘mastermind’ group of 11 home-improvement companies from all over the U.S. The point of the group is to network and share ideas about what’s working and what’s not.

“In the early days of the pandemic, members of the group came together and wanted to help in any way they could,” he said. “I got lots of ideas and strategies from companies much larger than mine, and they really helped.”

Ronan expressed a common observation as to why home renovation work has picked up. With people spending so much time at home, they are looking at faded siding, worn-out roofs, and other needed repairs. On top of that, fewer people are going away on vacation this year, opting instead to invest money in their homes.

With everyone staying put, homes are simply getting more use — and attention — than in the past.

“There’s more wear and tear on rooms in the house, especially bathrooms,” he said. “Our bathroom-renovation sales are really strong.”

Scott Keiter, president of Keiter Homes, said his company is working on a wide range of home projects. From new additions to kitchens, bathrooms, and especially outdoor living spaces, he said people want to make their houses more user-friendly in this time of increased isolation.

“We’re doing a huge deck for a client who just had a swimming pool installed,” Keiter said. “Because they are spending so much time on their property, I think people are reinvesting in their homes for their own enjoyment.”

Safety First

All three contractors follow state guidelines for COVID-19 in terms of masks, sanitizing worksites, and keeping a safe distance from clients. They also emphasized the importance of safety for their employees and clients.

“Every morning, we give all of our employees the option to not work that day if they do not feel safe,” Rudd said. “That’s become part of our daily routine, and it’s worked great.”

When working on exterior projects such as siding and roofs, Keiter said, it’s fairly easy to maintain a safe distance from the homeowner.

“It’s a little more complicated when we have to work inside the home,” he said. “A simple solution like a plastic partition wall allows us to segregate our work area from the client’s living space.”

Yankee Home uses red carpets to protect clients’ floors when working inside the home. In addition to having the carpets cleaned frequently, Ronan said, project managers from his company visit every job site to make sure all safety protocols are in place.

These contractors told BusinessWest that having people at home during renovation projects was definitely a help and not a hindrance to the job. They all pointed out how much easier it is to discuss changes to a project while the owner is on site, rather than trying to reach them at work and waiting for a reply.

Ger Ronan

Ger Ronan says people have been spending more time at home — and finding more reasons to invest in their home.

“We do a lot of customization, so it’s nice to have people there so they can tell us exactly what they want,” Ronan noted.

At a recent siding and window installation, Rudd added, the homeowner appreciated the details of the work and enjoyed seeing the job from start to finish. “We love people being home because they can see the craftsmanship and what goes into the investment they’ve made with us.”

One trend developing as a result of so many couples working from home involves ‘his and her’ home-office spaces. Keiter, who builds new homes as well as additions, said he has not worked on such projects, but expects he might get requests in the near future. Long before the work-at-home explosion, his clients have wanted home-office setups either for work or to stay in touch with distant family members online.

Scott Keiter

Scott Keiter

“We’re doing a huge deck for a client who just had a swimming pool installed. Because they are spending so much time on their property, I think people are reinvesting in their homes for their own enjoyment.”

“Whether it’s a dedicated office space, flex space, or a study, many plans call for one room in the house that’s being dedicated for computer use,” he explained, noting that the next trend in home offices will likely involve upgraded wireless infrastructure. “From parents working at home to kids trying to go to school online, and all the other laptop and iPad use, I think we will be seeing more sophisticated wireless access points in the home.”

Security Blanket

Though business is booming now, Ronan predicts that the pent-up demand caused by COVID-19 will eventually dissipate, but won’t reduce business too much.

“You know the old adage of, no matter how bad the recession might be, you’ll always get your haircut,” he said. “Well, we’re not quite up there with hairdressers, but you’re always going to take care of your home.”

Rudd said 2020 reminds him of the period right after 9/11 when people saw the home as a security blanket. Similar to that time, his clients are focused on ‘nesting’ in the safety of their home — so it’s not surprising his business is up 32% over last year.

“Anything related to the home is booming,” he noted. “Friends of mine who are landscapers are having record years, too.”

Homeowners have long been advised to make renovations to their kitchens and bathrooms because money spent on those two rooms will provide the best return on investment if the house ever goes up for sale. While kitchen and bathroom renovations remain popular, Keiter said, he’s finding that people are investing in those spaces for a different reason: quality of life.

“We’re staying at home because the virus has made the world unpredictable in so many ways,” he told BusinessWest. “With all this uncertainty, putting money into our homes seems like a pretty safe bet.”

COVID-19

A Temporary Setback

Several weeks of good news about COVID-19 infections in Massachusetts were no reason to party. In fact, parties were probably a bad idea.

Citing a proliferation of large parties as one likely factor in Massachusetts’ recent uptick in infections, Gov. Charlie Baker announced a temporary pullback of the state’s reopening efforts.

On Aug. 7, the governor not only postponed the second stage of phase 3 — affecting a range of businesses that cater to groups of people — but called for increased enforcement efforts to crack down on violations of the state’s COVID-19 regulations.

Postponing the second stage of phase 3 means theaters and performance venues still can’t hold indoor shows, and activities like laser tag, roller skating, trampolining, and obstacle courses remain on hold as well. Businesses expecting to reopen in phase 4, such as bars, overnight camps, and arcades, will obviously remain closed as well.

Baker also signed an order reducing the limit on outdoor gatherings from 100 to 50 people, while the limit on indoor gatherings remains at 25 people. Face coverings are required at gatherings where more than 10 people from different households will interact.

On Aug. 7, the governor not only postponed the second stage of phase 3 — affecting a range of businesses that cater to groups of people — but called for increased enforcement efforts to crack down on violations of the state’s COVID-19 regulations.

The local chapter of the National Federation of Independent Business called Baker’s decision to pause the state’s reopening “extremely disappointing,” adding that, “instead of delaying the opening of certain businesses, many taking every step imaginable to keep workers and customers safe, the administration should pursue the private gatherings that are causing the problems.”

The number of active COVID-19 cases in Massachusetts rose nearly 25% between July 29 and Aug. 5, and new COVID-19 infections are once again outpacing recoveries. As of last week, there have been 8,519 deaths and 112,673 cases reported by the Massachusetts Department of Public Health. The percentage of coronavirus tests coming back positive, on average, is down slightly at 1.8%.

In other guidance, Baker reiterated that restaurants may serve alcoholic beverages only for on-site consumption if accompanied by orders for food prepared on site. The administration will take measures to ensure that bars masquerading as restaurants will be closed.

The administration also announced a targeted, cross-agency team responsible for ramping up enforcement statewide and coordinating local intervention efforts at the local level in higher-risk COVID-19 communities. Those supports will include:

• Targeted interventions and inspections by a range of member agencies;

• Cease-and-desist orders for businesses and organizations in violation of the COVID-19 orders;

• Support for local and state officials in exercising their authority to fine restaurants or suspend or cancel liquor licenses when restaurants do not comply with required safety measures;

• Targeted public messaging (like road signs and PSAs) to alert residents of higher-risk COVID communities;

• Technical support to local government officials to support enhanced local COVID-19 prevention efforts, such as assistance in accessing CARES Act funding;

• Potential restrictions or shutdowns for parks, playgrounds, businesses, or other entities believed to be contributing to COVID-19 spread in higher-risk communities; and

• Additional public-health support, such as testing, tracing, and quarantining.

Additionally, previously announced free COVID-19 testing in 17 communities, including Springfield and Agawam, has been extended through Sept. 12.

Finally, a travel order, which went into effect Aug. 1, stipulates that all visitors and residents returning to Massachusetts from high-risk areas must either quarantine for 14 days or produce negative COVID-19 test results upon return into the state.

Individuals who have not received test results prior to arrival are required to quarantine until they receive a negative test result. Violators may face a $500 fine per day.

States considered lower-risk, and thus exempt from the travel order, include Connecticut, Vermont, New Hampshire, Maine, New York, New Jersey, and Hawaii. Other exemptions to the travel rules include people passing through, people who commute across state lines for work or school, and people coming to the state for medical treatment or military purposes.

Rhode Island was initially exempt from the travel order, but is now considered a higher-risk state. Still, Baker said people on either side of the border may make trips back and forth for errands or work.

— Joseph Bednar

Coronavirus Law

A Stern Test

By Marylou Fabbo

With schools reopening, parents and employers will be in a difficult boat together as they attempt to juggle parenting with personal and professional responsibilities.

Parents are understandably anxious about how they will meet their obligations to both their children and their employers. Several school districts have announced hybrid returns with students alternating between attending school and remote learning. Some jobs just can’t be done from home, and some parents who would otherwise be able to work at home will be needed to help their children with remote learning (or breaking up arguments).

To make matters worse, schools that are already back in session have shown us that, despite precautions that are being taken, school-based COVID-19 outbreaks are a real concern.

Employment-law Compliance

There is no question that many parents will be working from home in some capacity once the school year starts. Businesses should keep in mind that laws that are applicable in the workplace don’t go out the door simply because the workplace has moved to an employee’s home.

Marylou Fabbo

Marylou Fabbo

“Does workers’ compensation insurance apply when an employee trips over a toy during the workday and fractures her ankle?”

For instance, Massachusetts employers must continue to make sure their employees take their 30-minute meal break and keep records of all hours worked, which may not look like the normal 9-to-5 workday. State and federal laws that require employers to provide a reasonable accommodation to disabled employees in the workplace apply to remote employees as well.

To meet these requirements, employers may need to do things such as make adjustments to equipment or the manner in which work is completed. Notices that must be posted in the workplace should be electronically distributed or mailed to an employee.

Still, there are many unanswered questions, and businesses are advised to consult with legal counsel before taking any risky actions. For example, employers are required to reimburse employees for required business-related expenses, but what does that mean when employees use their own laptops and internet for at-home work?

Does workers’ compensation insurance apply when an employee trips over a toy during the workday and fractures her ankle? How does an employer prevent and address sexual harassment in the remote workplace? Is it discriminatory to distribute extra or different tasks that can’t be done at home to older employees who no longer have kids at home? All these issues should be discussed with your employment-law advisors.

Job-protected, Paid Time Off

Not all employees will be able to work when their children are taking classes from home. Employers should be prepared to work with a reduced staff for the foreseeable future. Federal laws will provide many parents with job-protected time off when school is closed, which includes situations where some or all instruction is being provided through distance learning.

The Families First Coronavirus Response Act (FFCRA) generally requires employers to provide paid time off to employees who cannot work (or telework) because their child’s school is closed. However, it’s not enough that a child is attending class remotely. The parent must be needed to care for the child, and the child must be under 14 absent special circumstances.

Still, the FFCRA does not cover all employees or all employers. Employers with 500 or more employees are not covered by the law, while small employers and healthcare providers may be exempt from certain requirements. Also, employees who have been employed for less than a month are only eligible for a maximum of two weeks of ‘emergency sick’ leave, while employees who have been employed for at least 30 days may be able to take up to an additional 12 weeks of expanded family and medical leave (EFML), including on an intermittent basis, assuming that the leave hasn’t already been taken for other permissible purposes.

Eligible employees can earn up to $200 per day when taking childcare EFML, subject to certain maximum dollar amounts. Lawmakers in several states, including Massachusetts, are considering legislation that would fill the gaps in the FFCRA’s paid-leave provisions, and several states have already extended virus-specific paid leave. Employers whose employees aren’t eligible for protected leave will have to decide whether to allow job-protected leave or lay off or otherwise separate with the employee.

School-related Exposure

Unpredictable, illness-related absences can pose another challenge for employers and employees. Children may be exposed at school and bring the virus home.

Employees may be needed to care for their children who are ill and may even test positive themselves. The FFCRA provides up to two weeks paid time off for COVID-related illnesses. The Massachusetts paid-sick-leave statute and the FMLA may also provide employees with paid time off. Employees may also be able to take protected time off (or time at home) as a reasonable accommodation for the employee’s own disability that makes it risky for the employee to go into the office.

Plan Ahead

There’s never been a return to school quite like 2020. The only certainty is that employers could not possibly plan for all potential scenarios. Businesses should make sure they have effective remote-work policies, practices, and procedures in place, be prepared to operate with fewer employees on an intermittent and possibly long-term basis, and designate one or more people within the organization to whom management and employees can direct their questions.

Marylou Fabbo is a partner with Springfield-based Skoler, Abbott & Presser, P.C., a law firm that exclusively practices labor and employment law. She specializes in employment litigation, immigration, wage-and-hour compliance, and leaves of absence. She devotes much of her practice to defending employers in state and federal courts and administrative agencies. She also regularly assists her clients with day-to-day employment issues, including disciplinary matters, leave management, and compliance; (413) 737-4753 ; [email protected]

Opinion

Editorial

Eric Lesser might be on to something.

In fact, we’re pretty sure he is.

During a recent installment of BusinessTalk, the podcast produced by BusinessWest in conjunction with Living Local, Lesser — the state senator from Longmeadow and staunch advocate for high-speed rail linking Western and Eastern Mass. — was asked about that project, which has lost some of its visibility, if not its traction, in the midst of the pandemic. In short, people seemingly have other things to worry about right now.

He was asked specifically if the project might still be needed given the way the pandemic has clearly shown that people can work remotely and, thus, may not have to physically get from Western Mass. to Eastern Mass. in order to work for a company in Boston or Cambridge.

He answered first by saying the rail line might be needed now more than ever because people will — eventually — need to see one another again, albeit perhaps not as often. High-speed rail would enable them to do so in a manner that is efficient, would help take cars off the road and thus reduce congestion, and might level the playing field between east and west in this state by helping to reduce one of the boundaries to high-paying jobs in emerging fields like IT and biosciences.

But he went further, arguing that building the rail line now would not only accomplish all that, but would help move this region and the entire state out of a pandemic-induced recession that will likely be with us for years.

“The economy desperately needs this,” he said. “At the height of the Great Depression, our country built 78,000 bridges, we built 800 airports … we need to be ambitious about where we’re going, and the economy is going to need the investment, the stimulus. East-west rail would inject hundreds of millions of dollars into the economy almost immediately from construction alone.”

He’s right, and this is the way state and federal officials need to be thinking moving forward as they go about finding ways to help individuals and businesses — and the nation as a whole — dig out of this hole created by the pandemic.

The comparisons to the Great Depression are appropriate — we are now in an economic downturn comparable to what happened 90 years ago in many ways: everything from the long lines at the unemployment office to the long lines at what were then soup kitchens and are now food pantries.

While World War II eventually ended the Great Depression, massive construction projects launched during the mid-’30s created millions of jobs that enabled families to survive those years. But those projects did much more than that. Indeed, they addressed needed infrastructure issues, vastly improved the nation’s transportation system, and paved the way for development of many western and Sun Belt states.

Projects ranging from the Hoover Dam to the Triborough Bridge in New York to the Golden Gate Bridge in San Francisco were game changers in many different ways — especially the way they provided jobs at a time when people desperately needed them.

State and national leaders should be thinking about projects like east-west rail in the same light. Such initiatives can not only solve recognized problems, they can help lessen the already-crippling damage from this pandemic. And there are many other projects that can be undertaken, right here in this region, from repairing roads and bridges to renovating parks and bike trails.

There is a tendency among some to look at the damage from the pandemic as temporary, something that will be fixed once the virus has run its course. The accumulating evidence would seem to indicate otherwise — that it will take years to repair damage done to individual communities and a wide range of business sectors. The key to repairing this damage is jobs, not stimulus checks or even PPP money.

Lesser’s right. The high-speed rail project is more important now than it was before, and there are many projects that fit that description. The state and the nation can learn from what happened 90 years ago and make needed, prudent investments, even at a time of extreme challenge, to help all of us through this crisis.

Opinion

Editorial

In the 21 months since recreational marijuana became legal in Massachusetts, the industry has raked in about $150 million in tax revenue for state and local coffers.

Of that, $30 million — about 20% of the total — has poured in just since Memorial Day, when the state ended several weeks of COVID-19 restrictions on dispensaries as part of its reopening plan.

Talk about pent-up demand.

And talk about an opportunity.

In our cover story this month, Marcos Marrero, Holyoke’s director of Planning & Economic Development, drew a comparison between current demand for cannabis with the lifting of prohibition during the Great Depression. Though times were still tough, alcohol sales surged, and have rarely let up since.

In short, some industries are more resilient amid shifting economic tides than others, and cannabis — judging by these latest tax-revenue numbers, and by the customer lines outside dispensaries even as more competition springs up around the region — may be one of them.

Indeed, cannabis sales in the Bay State have totaled $785 million since November 2018, when adult use became legal here. The tax rate in the state is 6.25%, with a 10.75% excise and a 3% local tax in most areas. It adds up.

“This tax-revenue milestone is a big moment for the Massachusetts cannabis business community because it shows not only the great demand for safe, regulated cannabis, but also affirms the meaningful value this industry brings to cities and towns every single day,” David Torrisi, president of the Commonwealth Dispendary Assoc., noted in a statement following the news.

“We know the hardship that COVID-19 has imposed on local and state budgets,” he added, “and we are proud to help provide steady revenue streams that can hopefully reduce the need for difficult choices and maintain services.”

Such talk cheers Marrero and other municipal officials in Holyoke, the city that, more than any other in the region, has fully embraced the economic potential of cannabis, with a few businesses already open and many more in the pipeline.

And it’s not just tax revenue, although that is critical right now. It’s also jobs and business growth — both in new and growing enterprises that grow, manufacture, and sell cannabis products, and at companies that provide services to those entities, whether legal, security, maintenance … the list goes on.

It’s what Marrero called “economic contagion,” a positive and kind of delightful use of that latter word during this time of pandemic. Holyoke wants to create a cannabis cluster that will boost the entire city’s — and region’s — economy, and other communities might take heed of the lessons learned so far.

The main one is that cannabis appears to be a hardy sector, no matter what the broader economic conditions are. At a time when communities are looking for bright spots, this one ranks high on the list.

Picture This

Email ‘Picture This’ photos with a caption and contact information to [email protected]

 


Tourism Boost

State Sen. Eric Lesser (center) recently joined John Doleva (left), president and CEO of the Naismith Memorial Basketball Hall of Fame, and Mary Kay Wydra (right), president of Greater Springfield Convention & Visitors Bureau, to announce $250,000 in funding for tourism marketing in the Pioneer Valley. “This funding for tourism marketing will help us begin to rebuild and bring business to our restaurants, attractions, and hospitality industry across the board,” Lesser said. The funding is part of a $1.1 billion coronavirus-response package signed into law on July 24.

 


Supporting Community Health Workers

U.S. Rep. Richard Neal (pictured with Holyoke Community College President Christina Royal) recently visited HCC to announce the awarding of a four-year, $1.89 million federal grant aimed at helping families impacted by opioid use. The funds — $399,676 in the first year — will enhance HCC’s existing Community Health Worker training program with the goal of increasing the number of CHWs qualified to work on integrated opioid-use-disorder teams in area health centers in medically underserved communities.


J-Camp in a Box

The Jewish Community Center of Springfield and Jewish Family Service of Western Massachusetts have partnered to provide “J-Camp in a Box” this summer to over 400 children, ages 5-12, including 250 refugee and low-income youths. The first box was distributed in July, and the second box went home to campers earlier this month. With summer camps closed across the state due to COVID-19, these ‘campers’ are staying busy with two boxes full of activities to do at home.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Senior Planning

Follow These Five Steps When It’s Time to Talk About Care

Whether your loved one needs full-time care or you’re just beginning to anticipate a need, here’s a series of steps you’ll need to take, with some thoughts on each from leading voices in the field. Just take it one step at a time.

1. Start the Conversation

“Talking with your parents about their future will not be a one‐time conversation, but an ongoing process,” says Catherine Hodder, author of Estate Planning for the Sandwich Generation: How to Help Your Parents and Protect Your Kids. “You must be patient and willing to wait until your parents feel comfortable. They will need to be ready to talk with you or to make certain decisions about their future. The hardest part will be for them to admit they need help and that you will be taking on more responsibility for them. Understand they still see you as their child who they should be helping, not the other way around. Try to feel out the right times to talk about healthcare concerns and when to talk about finances. Depending on your parents’ personalities, one may be an easier conversation than the other.”

2. Consider How Much You Can Take On

“For many, our responsibilities extend beyond the needs of our aging parents and carry over to our own families,” says Amy Osmond Cook, author of Things to Discuss with Aging Parents Before Becoming Their Caregiver. “Those obligations don’t end when a parent needs extra care. By discussing a schedule with your loved one, you can establish a balance between his needs and the needs of your family. For example, you may have a nurse stay in the home on certain days with an understanding you will take your aging parent to all of the doctor’s appointments. A routine can provide comfort to your loved one because he will know when to expect you or other helpers when care is needed.”

3. Build a Team and Make a Plan

“Family meetings are a way for siblings, parents, and other concerned relatives or friends to try to clarify the situation, work out conflicts, and set up a care plan that, ideally, all can agree upon,” says  Bonnie Lawrence, author of A Sibling’s Guide to Caring for Aging Parents. “If the meeting is likely to be contentious, or if you want an experienced, objective voice to guide it, involve a facilitator such as a social worker, counselor, geriatric care manager, or trusted outside party who will ensure that all participants have a chance to be heard. You may need more than one meeting.”

4. Discuss How You Will Pay for Care

“What is the truth about your parent’s situation — finances, health, and what they want for care?” asks Catherine Flax, author of Aging Parents and Money: Difficult Conversations That Need to Be Had. “The reality is that, when it comes to finances, most people (parents and their children) are largely in the dark. What are the rules around Social Security? How much do they currently spend on healthcare, and how do Medicare and insurance supplements work? What is the optimal, tax-efficient draw-down schedule for their retirement assets — and how far will these assets take them? Do they have other assets that they could manage to their advantage (like a home that could be downsized) to give them a higher quality of life, and would they want that?”

5. Make the Transition — and Follow Up

“Once your mother selects a place and settles in, visit frequently — by whatever means possible,” says Kerry Patterson, author of Preparing for a Crucial Conversation with an Aging Parent. “Check to see what is working and what isn’t. Where possible, make further changes to match her needs to the facility. Finally, live up to the promise you made to yourself. You meant it when you decided that you wanted what’s best for your mom/dad or loved one. Whether this turns out to be true depends a great deal on how often you make contact with him/her once she’s/he’s found a new place to live.”

Senior Planning

Start the Conversation

From the AARP FOUNDATION

The reality is that some conversations are just plain difficult — even with the people to whom you feel the closest. When preparing to discuss a difficult topic like senior care needs, it helps to follow the ground rules below to ensure that everyone’s feelings are respected and viewpoints are heard. To help make the conversation as productive and positive as possible:

1. Try not to approach the conversation with preconceived ideas about what your loved ones might say or how they might react. “Dad, I just wanted to have a talk about what you want. Let’s just start with what is important to you.”

2. Approach the conversation with an attitude of listening, not telling. “Dad, have you thought about what you want to do if you needed more help?” — as opposed to “we really need to talk about a plan if you get sick.”

3. Make references to yourself and your own thoughts about what you want for the future. Let them know they are not alone, that everyone will have to make these decisions. “Look, I know this isn’t fun to think about or talk about, but I really want to know what’s important to you. I’m going to do the same thing for myself.”

4. Be very straightforward with the facts. Do not hide negative information, but also be sure to acknowledge and build on family strengths. “As time goes on, it might be difficult to stay in this house because of all the stairs, but you have other options. Let’s talk about what those might be.”

5. Phrase your concerns as questions, letting your loved ones draw conclusions and make the choices. “Mom, do you think you might want a hand with some of the housekeeping or shopping?”

6. Give your loved ones room to get angry or upset, but address these feelings calmly. “I understand all this is really hard to talk about. It is upsetting for me, too. But it’s important for all of us to discuss.”

7. Leave the conversation open. It’s okay to continue the conversation at another time. “Dad, it’s OK if we talk about this more later. I just wanted you to start thinking about how you would handle some of these things.”

8. Make sure everyone is heard — especially those family members who might be afraid to tell you what they think. “Susan, I know this is really hard for you. What do you think about what we are suggesting?”

9. End the conversation on a positive note. “This is a hard conversation for both of us, but I really appreciate you having it.”

10. Plan something relaxing or fun after the conversation to remind everyone why you enjoy being a family. Go out to dinner, attend services together, or watch a favorite TV program.

These are just a few suggestions of things you, your loved ones, and other family members can do to unwind after a difficult conversation.

Senior Planning

Having the Talk

From VISITING ANGELS

Here are sample conversation starters and strategies to introduce home-care services to your loved one. Each scenario is a catalyst to take action and start talking. Prior to talking, prepare and arrange with a reliable friend or your spouse to take part in the plan.

SCENARIO: Your loved one mentions plans to drive to the grocery store. He’s shown signs of unsafe driving (getting lost or confused or unexplained dents on the car). Coordinate with a trusted neighbor, friend, or spouse to serve as a driver for one trip. 

SAY: “I see you’re planning to go to the grocery store.  I think it would be a great idea to ride with [the neighbor/friend/spouse] next time or even hire a professional who can take you where you need to go. You could tell her exactly where you want to go, and she’ll get you there. You’d be in control.”

SCENARIO: You noticed your mom or dad isn’t eating.  

SAY: “I don’t have the time to stay and cook tonight, but [neighbor/friend/spouse] loves to cook, and said she would love to cook with you tomorrow night, and she won’t have to leave early. Then you won’t have to worry about making dinner, and the family will feel good knowing someone’s with you to help you out in the kitchen. You can tell them what you’d like to eat, and you’ll be in total control. Let’s at least try it and talk about it afterward to see if it’s an arrangement you’d like.”

SCENARIO: Your loved one forgets to take her medicine repeatedly. (Alert the doctor first.)

SAY: “I’m worried that you forgot to take your medicine again. I spoke with your doctor, and he’s especially concerned about missing doses. He suggested we find a way prevent it from happening. I thought a professional caregiver would be really helpful. Let’s at least give it a try and see how you like it. Then we can talk about it and see if it’s something you want going forward.”

SCENARIO: Your elderly loved one is struggling to get dressed, whether it’s a fall or a misbuttoned shirt. You’ve realized they need help in the bedroom to get dressed.

SAY: “I’ve noticed you’re wearing the same clothes again. What if we got you a helper for the mornings — someone who can stop by and help get you ready for the day? She could even do a load of laundry or two; that’s completely on your terms. Think of how nice it’ll be knowing there’s one less thing you have to do. Mind if we give this a try?”

SCENARIO: You notice a high pile of dishes in the kitchen sink. 

SAY: “I know you care about keeping your place clean and tidy. But your dishes have piled up again, and the kitchen’s getting dirty. I’ll help you get those done, but what if we explored getting someone in here to keep the dishes done and the place clean? We’d love to take that off your plate, and then everyone can feel good knowing your house is clean and the way you like it. Let’s at least give it a try and go from there.”

Senior Planning

Understand the Difference, and Seek Help If It’s Needed

By Beth Cardillo

As Baby Boomers are getting older and representing the largest age group, the questions concerning dementia, as opposed to normal aging, continue to crop up in medical offices.

In the Greater Springfield area, 16.9% of residents over age 65 are living with a diagnosis of Alzheimer’s disease or other related dementia. The national average is 13.6%.

Someone develops Alzheimer’s disease every 68 seconds, with 5 million Americans affected, and the number expected to increase to 20 million by 2050.

Given these numbers, it’s understandable when loved ones become concerned when they notice a family member having memory issues. It’s also understandable when people start to wonder themselves if they a problem. So how does one know if it’s dementia or simply normal aging?

“Someone develops Alzheimer’s disease every 68 seconds, with 5 million Americans affected, and the number expected to increase to 20 million by 2050.”

Let’s discuss normal aging first, so you can have a sigh of relief. We all have occasional word-finding difficulties, but you can come up with the word given a bit of time. Not remembering someone’s name if you don’t see them often, or see them out of context, is normal. That is something we all do. Misplacing an item, but having the ability to retrace your steps and locate the item, is also normal. How many times do we all walk into a room and not remember why, then walk out and immediately remember, ‘oh yeah, I was getting the book I left on the couch’?

Rest assured, these are all normal signs of aging. Have any of you purchased ‘the tile’ so you can keep track of your keys, work keys, iPad, and whatever else you need? It can even help you find where you parked your car, which is extremely helpful in New York City, where there’s alternate parking every day.

What isn’t normal is having new problems finding words when speaking or writing (more than being on the tip of your tongue) and you just can’t bring them up. Or forgetting things more often, such as appointments, events, and your way around familiar places. Perhaps you can’t remember or keep up with conversations, books, movies, or newspapers. Are you stopping in the middle of the conversation because you can’t remember what was just said, or the thread of the conversation?

Also, are decisions harder to make? Is your judgment a bit skewed? Are friends and families asking if you are OK? Are you showing up to people’s homes or appointments on the wrong date? Is your mood and behavior a bit unstable or unpredictable? Are you withdrawing from social activities because you don’t want people to notice that you are having difficulty, but instead they notice you aren’t showing up?

These are symptoms of mild cognitive impairment, a precursor to a full dementia diagnosis.

There are more than 100 types of dementia. People are very reluctant to use the ‘A’ word. They quickly point out it’s not Alzheimer’s or they have just “a little bit of dementia.” The reality is that Alzheimer’s disease accounts for approximately 75% of all dementias. It could be vascular dementia, frontotemporal lobe dementia, Parkinson’s disease, or the 97 other types, and often they are concurrent. If you feel like this could be you, contact a neurologist, or a neuropsychologist, or the Alzheimer’s Assoc. at (413) 787-1113.

Today, there is no cure, but there are medications that can slow down the progression of the disease. Diet, exercise, genetics, and co-morbidities all play a part in the diagnosis, and it is said that those physiological changes could be forming in the brain 10 to 20 years before the actual symptoms start to show. There is no shame in asking for help if you feel you may have increased symptoms or you suspect them in a loved one.

On a side note, worth mentioning is that COVID-19 has wreaked havoc with the senior population, and the virus could be a new type of dementia. It has many side effects consistent with dementia if the virus has traveled to the brain. People are experiencing physiological and neurological changes within the brain, causing confusion, seizures, emotional dysregulation, and strokes that are having long-term effects.

Beth Cardillo, M.Ed., LSW, CDP is a licensed social worker, certified dementia practitioner, and executive director of Armbrook Village, and has worked in the dementia field for more than 20 years. Previous to working with dementia, she opened the nation’s first state-funded traumatic brain injury program in Westfield. She was named Western New England Social Worker of the Year in 2016, and was the 2019 Friends of the Alzheimer’s Assoc. Honoree of the Year; [email protected]; www.armbrookvillage.com

Senior Planning

How Will You Know If Your Older Parents Need Help?

By Brenda Labbe

Many experience aging as a joyful time in their life, filled with retirement, travel, and spending more time with family. But for some, aging represents a series of losses — loss of employment, health and energy, friends, mobility, and independence.

As such, it is not uncommon for older adults to resist reaching out for help. To help start the conversation, we have listed some common signs that might indicate your loved one may need some extra support.

“Stacks of unopened mail, late-payment notices, unfilled prescriptions, and the lack of general upkeep of the house can all be signs that your loved one may need someone to assist with bill paying or homemaking.”

1. Neglecting household responsibilities. Stacks of unopened mail, late-payment notices, unfilled prescriptions, and the lack of general upkeep of the house can all be signs that your loved one may need someone to assist with bill paying or homemaking. Lack of interest in eating or preparing nutritious food and/or lack of food in the home can be a sign that they may need help with grocery shopping or meal prep.

2. Frequent falls. If your loved one experiences frequent falls or you have observed new bruises on their face or body, chances are they should be evaluated by their physician for illness, dehydration, or infections, or X-rayed for fractures. Other items that can increase the risk for falls include the lack of proper medication management and the lack of proper safety equipment in the home. You may want to consider having a safety evaluation of the home to look for any other factors that may be contributing to their falls.

3. Unsafe driving. As our bodies slow down in the aging process, so too will our reflexes, which can make driving even more difficult. Observe your loved one’s car for new scrapes, scratches, dings, or missing mirrors. Avoiding driving or not being able to tolerate any changes in directions may indicate some cognitive changes which signal that now might be the time to consider transportation assistance.

4. Listen for clues in conversation. Many seniors will state they do not want to burden their busy adult children with requests for help. They describe feeling foolish for not being able to keep up with cleaning, medications, or repairs. However, if you listen closely, you may hear repeated areas of concern. Your loved one’s close friends or neighbors may also have input to offer, if asked in confidence.

Finally, consider the old adage “it is all in how you wrap the gift.” In this case, the gift is the offer of help and support. Try asking the question in a manner that is non-threatening and neutral. For example: “gosh, I would be so overwhelmed if I got all this mail — how about I help you go through it?”

Unfortunately, many people will experience a traumatic event before realizing that they need assistance. One way to help better prepare for any emergencies is to monitor your loved one’s physical and mental abilities and start researching care options before you need them. Greater Springfield Senior Services is your local resource to find help, support, and care for your loved one.

Call our office Monday through Friday, 8 a.m. to 5 p.m., and ask to speak with one of our highly trained information and referral specialists to find out more. Knowledge is power, and we are here to help.

Brenda Labbe is the caregiver specialist at Greater Springfield Senior Services and specializes in assisting caregivers in accessing respite and support services for their loved ones.

Senior Planning

It’s Important to Understand Your Alternatives

By Eric Aasheim

Moving from home to a senior-living community is one of the most consequential decisions elder loved ones may be faced with in their lifetimes.

The move is usually permanent; is unfortunately often made in crisis mode or under duress, and involves a host of emotional and psychological implications around declining physical capabilities, perceived loss of independence, and financial worry.

“Moving from home to a senior-living community is one of the most consequential decisions elder loved ones may be faced with in their lifetimes.”

Knowing the answers to these commonly asked questions will help seniors and their adult children plan ahead and ultimately put themselves in a position to make thoughtful and informed decisions about the most appropriate living and care options for their needs.

What is the difference between independent living, assisted living, memory care, and skilled nursing?

Independent living (IL) is intended for seniors who do not need assistance or supervision with independent activities of daily living (IADLs) like showering, dressing, toileting, eating, or transferring (mobility, bed to standing, sitting to standing, etc.).

Most IL communities provide apartments with full kitchens, and the monthly fee includes one main meal per day in the dining room. Independent living in Western Mass. ranges from $2,000 to $5,000 per month.

Assisted living (AL) communities are appropriate for seniors who require some level of assistance with two or more IADLs and help with medication management; apartments are typically equipped with a kitchenette only because the monthly fee includes three restaurant-style meals per day. Assisted living in Western Mass. ranges from $4,000 to $9,000 per month.

Memory care (MC) is intended for individuals who have dementia, Alzheimer’s, or other neurogenerative diseases and require an intensive or specialized program of care and supervision. Memory-care communities are secure settings with passcode entrances and enclosed outdoor spaces to keep residents on site, and can be stand-alone facilities or a separate wing or ‘neighborhood’ within a traditional assisted-living community. Memory-care communities most often provide private studio or shared companion suites for their residents. Memory care in Western Mass. ranges from $3,500 (companion suites) to $11,000 per month.

Skilled-nursing facilities (SNFs) are licensed healthcare residences for individuals who require a higher level of medical care than can be provided in an AL setting. Skilled-nursing staffs consisting of RNs, LPNs and CNAs (certified nursing assistants) provide 24-hour medical attention for their long-term and short-term rehabilitation residents. While private rooms are available in many SNFs, shared living arrangements with two or three residents to a hospital-style room are much more common. Skilled-nursing facilities in Western Mass. range from $250 to more than $500 per day.

Can I receive care at home rather than moving to a senior-living community?

Absolutely. There are any number of quality home-care companies that can provide a wide range of custodial and healthcare services in the comfort of your own home. Home care is often referred to as non-skilled care (grooming, dressing, bathing, cleaning, and other everyday tasks) and home health care as skilled care (skilled nursing and therapy).

Seniors who are largely independent but can benefit from limited home care or home-healthcare services may choose to continue living in their homes as long as these services help them do so safely. Unless you hire a full-time live-in, skilled and non-skilled care are typically provided for only a few hours per day a few days per week, meaning family members often are called upon to supplement the home-care schedule on their own.

Seniors who are at risk for (or have experienced) frequent falls or who require consistent overnight supervision or assistance may find that moving to an assisted-living community provides them with a more secure living environment.

The choice between home care and senior living is highly personal and almost always comes down to a question of safety, location, the desire and need for socialization, and finances.

What is a continuing-care retirement community (CCRC), and what are the benefits compared to other senior-living communities?

Continuing-care retirement communities (CCRCs) are senior-living communities that offer a complete continuum of care (IL, AL, MC, and SNF), usually on a single campus. The primary benefit of a CCRC is that you can stay in the same community and never have to move, even as your care requirements change as you age. CCRCs (also referred to as life-plan communities) do typically require a substantial up-front community fee that can range from $10,000 to $300,000 or more depending on the community, the structure of the life-care plan, and the size and type of apartment.

Many CCRCs offer declining, refundable options that can return 70% to 90% of the up-front community fee to the resident when he or she moves, or to her estate when the resident passes away. CCRCs do still charge monthly fees, but they are often lower and increase less from one level of care to the next than traditional senior-living communities. CCRCs also offer a potential tax-deduction benefit that many non-CCRCs do not provide.

Will my health insurance cover the cost of assisted living or memory care? What if I am eligible for Medicaid?

Medicare and private insurance plans do not cover the cost of assisted living or memory care. Medicare will cover short-term and intermittent home care or rehabilitation stays in a SNF following hospitalization, but will not pay for either long-term. Seniors generally must pay for assisted living, memory care, and home care privately unless they have long-term-care insurance with benefits specifically designed to cover these services.

Qualifying veterans and their spouses may be eligible for the aid and attendance benefit from the VA to help pay for the cost of assisted living, memory care, home care, and skilled-nursing facilities.

Some, but not most, assisted-living and memory-care communities do participate in programs administered by Medicare and Medicaid that are designed for low-income seniors who could otherwise not afford senior-living communities.

Medicaid does cover the cost of long-term care in Medicaid-certified skilled-nursing facilities and home healthcare services for recipients who would qualify for nursing-home care.

What other senior-living and care options are there?

• Residential care facilities (also called rest homes) provide meals, housing, supervision, and care for seniors who need assistance with activities of daily living but don’t yet require skilled nursing care.

• Congregate housing is a shared-living environment that combines housing, meals, and other services for seniors but does not provide 24-hour care or supervision. Public congregate housing is administered by municipal housing authorities and is partially subsidized by the state and federal government.

• Adult foster care is an alternative to residential care and matches seniors who can no longer live on their own with individuals or families who provide room, board, and personal care in their homes.

• Respite care is short-term care and supervision provided for seniors at home or in assisted-living or skilled-nursing facilities to provide family members who need some time off from their caregiver duties.

• Adult day health programs (also called adult day care) provide a wide array of community-based services for seniors during the day (skilled nursing, supervision, direct care, nutrition and dietary services, and therapeutic, social, and recreational activities) so that family members can work or attend to other responsibilities.

• Hospice care is available for individuals with life-threatening illnesses or a life expectancy of six months or less and can be provided in the home, in assisted-living or skilled-nursing facilities, in the hospital, or in specialized hospice facilities. When curative treatment is no longer an option, hospice professionals work to make a patient’s life as dignified and comfortable as possible and provide critical emotional and spiritual support services to the patient and family members.

How have senior-living and care options been impacted by COVID-19?

In short, the impact has been profound, and the ‘new normal’ is taking shape as we speak. Most home-care providers and senior-living communities have resumed services to current and new clients at some level. However, the provision of these services is governed by strict protocols to protect the health and safety of residents, staff, and family members.

For instance, many assisted-living communities are not currently offering in-person tours and assessments and instead facilitating these interactions virtually. Since most senior-living communities are observing social-distancing guidelines, new residents must quarantine for 14 days after move-in, and residents are dining in their apartments rather than in the community dining room. Social activities and outings have largely been modified or canceled, and visits from family members have been curtailed for the time being.

Eric Aasheim is a certified senior advisor and owner of Oasis Senior Living of Western Massachusetts. He assists seniors and family members through the entire process of transitioning from home to senior-living communities in Hampden, Hampshire, and Berkshire counties and surrounding areas.

Senior Planning

Some Questions and Answers About Home-care Services

By Tania Spear

What is home care?

Home-care services are delivered to clients wherever they call home. There is a wide variety of assistance available, including everything from occasional help with housekeeping, meal preparation, companionship, and errands to skilled services such as nursing, physical therapy, occupational therapy, speech therapy, and hospice care. The goal is to support clients who prefer to remain at home, but need care that cannot easily or effectively be provided by family or friends.

Who provides home care?

Home-care services can be provided by an agency or an individual. Support can be provided from one hour to up to 24 hours a day, 365 days per year. There are many reputable agencies in the area. Your physician, area Council on Aging, hospital-discharge planner, or geriatric-care manager will be able to refer you to a home-care provider most appropriate to assist you.

“The goal is to support clients who prefer to remain at home, but need care that cannot easily or effectively be provided by family or friends.”

How do I pay for home-care services?

Government and private insurance may pay for services under specific circumstances such as after a recent hospitalization when skilled nursing or therapy services are needed. Ongoing assistance with activities of daily living (bathing, dressing, feeding, etc.) and housekeeping are generally not covered by insurance and are often private pay. It would be best to contact your provider for more information.

Are there benefits to using an agency?

While you may pay more using an agency caregiver, there are some advantages. An agency will offer pre-screening of workers, liability protection, workers’ compensation, and backup care in the event a particular caregiver isn’t available. An agency handles scheduling, payroll, and taxes, resulting in less paperwork.

How do I evaluate a home-care agency?

You will want to know if the agency works with you to develop a written plan of care and/or service contract and, if so, how often it is updated. How does the agency screen and evaluate employees? Are caregivers and supervisors available 24/7/365? How does the agency resolve concerns or complaints? Can the agency provide a list of local references?

What about COVID-19?

While accepting help at home from an agency may cause some fear during the pandemic, there are some things to consider that may help make you feel more confident in your decision to refuse or accept care as well as minimize risks. First, you want to assess the need for care. For many, care is essential, and refusing assistance in not an option. If you’ve determined help is necessary, check with the agency to determine what infection-control protocols are in place and if the agency has enough personal protective equipment (PPE) available. In addition to following CDC guidelines, you may want significant details related to how the agency is protecting staff and clients.

Are there any other things I should consider before receiving home care?

If a client or family hasn’t ever had help at home in the past, it can create some distress. The loss of independence and privacy can be factors. Oftentimes, if a competent caregiver with the right skills is placed, even the most seemingly resistant client may begin to look forward to the caregiver visits. Establishing expectations based on an appropriate plan of care and a goal for each visit is important for both the client and caregiver. With the right blend of care and compassion, a bit of support can make a world of difference in allowing someone who wishes to remain home to stay safe and healthy.

Tania Spear, MSN, MBA, RN is the owner and administrator of Silver Linings Home Care, LLC. She is a registered nurse and an Elms College graduate with a master of science degree in nursing and health services management and an MBA in healthcare leadership; (413) 363-2575; [email protected]

Senior Planning

Eight Tips for Medication Management for Seniors

By Kara James

In general, as we age, our need for a variety of medications increases. This includes everything from prescriptions to over-the-counter medications, as well as vitamins and supplements.

Unfortunately, as the number of remedies we take increases, so too does the difficulty in managing them, which can lead to problems such as potential interactions and missed doses. Here are eight tips to help properly manage medications.

1. Check for interactions. Talk to your pharmacist and let them know about all the medications you are taking, including natural remedies and over-the-counter products. Your pharmacist can let you know in advance about any potential for interactions that could have serious health consequences.

“As the number of remedies we take increases, so too does the difficulty in managing them, which can lead to problems such as potential interactions and missed doses.”

2. Make a written schedule. It’s important to take medications as prescribed so they work effectively. Write down which medications you need to take, and at what time of day (morning, noon, evening, or bedtime). Be sure to include any important reminders, such as if you are supposed to take a medication with food or on an empty stomach. Keep this schedule in a visible place. Use an alarm to set reminders, if necessary, to stay on schedule.

3. Pre-sort medications weekly. A pill organizer makes it easy for you to see what medications you need to take and when, and also lets you easily see if you already took a dose so you don’t accidentally take it twice. Our MediBubble medication-management system does this for you with monthly pill-pack organizers.

4. Create a comprehensive list. Make a list of all your medications and supplements and keep it on your phone or in your wallet for easy reference. Include the medication name, dosage, frequency, and purpose.

5. Store medications appropriately. Many people store their medications in the bathroom; heat and humidity can cause medications to degrade. They should be kept in a cool, dark place, out of the reach of children.

6. Ensure accessibility. Some seniors struggle with opening child-proof bottles, so make sure you can actually access the medications you need to take. If you must put them in another container, make sure the container is labeled with the medication name, dosage, and other instructions.

7. Understand side effects. Make sure you understand the potential side effects of medications you take, and be sure to let your provider know if you experience any that are serious. They can often provide advice or change the medication or dosage to minimize issues. You can also talk to your pharmacist with questions and concerns about side effects.

8. Plan ahead for refills. Make sure you order refills well in advance to avoid missed doses. Some pharmacies now offer medication-management programs allowing for routine refilling of your prescriptions, and will notify you when your refill is ready. n

Kara James, Ph.D. is pharmacy manager and co-owner of Louis & Clark Pharmacy in Springfield.

Senior Planning

Many Options Are Available for Seniors and Their Families

From the NATIONAL INSTITUTE ON AGING

Many older adults and caregivers worry about the cost of medical care. These expenses can use up a significant part of monthly income, even for families who thought they had saved enough.

How people pay for long-term care — whether delivered at home or in a hospital, assisted-living facility, or skilled-nursing facility — depends on their financial situation and the kinds of services they use. Often, they rely on a variety of payment sources, including personal funds, government programs, and private financing options.

Out of Pocket

At first, many older adults pay for care in part with their own money. They may use personal savings, a pension or other retirement fund, income from stocks and bonds, or proceeds from the sale of a home.

“How people pay for long-term care — whether delivered at home or in a hospital, assisted-living facility, or skilled-nursing facility — depends on their financial situation and the kinds of services they use.”

Professional care given in assisted-living facilities and continuing-care retirement communities is almost always paid for out of pocket, though Medicaid may pay some costs for people who meet financial and health requirements.

Medicare

Medicare is a federal government health-insurance program that pays some medical costs for people age 65 and older, and for all people with late-stage kidney failure. It also pays some medical costs for those who have gotten Social Security Disability Income (discussed later) for 24 months. It does not cover ongoing personal care at home, assisted living, or long-term care.

Medicaid

Some people may qualify for Medicaid, a combined federal and state program for low-income people and families. This program covers the costs of medical care and some types of long-term care for people who have limited income and meet other eligibility requirements.

Program of All-Inclusive Care for the Elderly (PACE)

PACE is a Medicare program that provides care and services to people who otherwise would need care in a nursing home. PACE covers medical, social-service, and long-term-care costs for frail people. It may pay for some or all of the long-term-care needs of a person with Alzheimer’s disease. PACE permits most people who qualify to continue living at home instead of moving to a long-term care facility. There may be a monthly charge.

State Health Insurance Assistance Program (SHIP)

SHIP, the State Health Insurance Assistance Program, is a national program offered in each state that provides counseling and assistance to people and their families on Medicare, Medicaid, and Medicare supplemental insurance (Medigap) matters.

Department of Veterans Affairs

The U.S. Department of Veterans Affairs (VA) may provide long-term care or at-home care for some veterans. If your family member or relative is eligible for veterans’ benefits, check with the VA or get in touch with the VA medical center nearest you. There could be a waiting list for VA nursing homes.

Social Security Disability Income (SSDI)

This type of Social Security is for people younger than age 65 who are disabled according to the Social Security Administration’s definition. For a person to qualify for Social Security Disability Income, he or she must be able to show that the person is unable to work, the condition will last at least a year, and the condition is expected to result in death. Social Security has ‘compassionate allowances’ to help people with Alzheimer’s disease, other dementias, and certain other serious medical conditions get disability benefits more quickly.

Private Financing Options for Long-term Care

In addition to personal and government funds, there are several private payment options, including long-term-care insurance (see story on this page), reverse mortgages, certain life-insurance policies, annuities, and trusts. Which option is best for a person depends on many factors, including the person’s age, health status, personal finances, and risk of needing care.

Reverse Mortgages for Seniors

A reverse mortgage is a special type of home loan that lets a homeowner convert part of the ownership value in his or her home into cash. Unlike a traditional home loan, no repayment is required until the borrower sells the home, no longer uses it as a main residence, or dies.

There are no income or medical requirements to get a reverse mortgage, but you must be age 62 or older. The loan amount is tax-free and can be used for any expense, including long-term care. However, if you have an existing mortgage or other debt against your home, you must use the funds to pay off those debts first.

Trusts

A trust is a legal entity that allows a person to transfer assets to another person, called the trustee. Once the trust is established, the trustee manages and controls the assets for the person or another beneficiary. You may choose to use a trust to provide flexible control of assets for an older adult or a person with a disability, which could include yourself or your spouse. Two types of trusts can help pay for long-term-care services: charitable remainder trusts and Medicaid disability trusts.

Life-Insurance Policies for Long-term Care

Some life insurance policies can help pay for long-term care. Some policies offer a combination product of both life insurance and long-term-care insurance.

Policies with an ‘accelerated death benefit’ provide tax-free cash advances while you are still alive. The advance is subtracted from the amount your beneficiaries will receive when you die.

You can get an accelerated death benefit if you live permanently in a nursing home, need long-term care for an extended time, are terminally ill, or have a life-threatening diagnosis such as AIDS. Check your life-insurance policy to see exactly what it covers.

You may be able to raise cash by selling your life-insurance policy for its current value. This option, known as a ‘life settlement,’ is usually available only to people age 70 and older. The proceeds are taxable and can be used for any reason, including paying for long-term care.

A similar arrangement, called a ‘viatical settlement,’ allows a terminally ill person to sell his or her life-insurance policy to an insurance company for a percentage of the death benefit on the policy. This option is typically used by people who are expected to live two years or less. A viatical settlement provides immediate cash, but it can be hard to get.

Using Annuities to Pay for Long-term Care

You may choose to enter into an annuity contract with an insurance company to help pay for long-term-care services. In exchange for a single payment or a series of payments, the insurance company will send you an annuity, which is a series of regular payments over a specified period of time. There are two types of annuities: immediate annuities and deferred long-term-care annuities.

Senior Planning

Five Things to Know About Long-term-care Insurance

By ELLEN STARK for the AARP BULLETIN

By the time you reach 65, chances are about 50/50 that you’ll require paid long-term care (LTC) someday. If you pay out of pocket, you’ll spend $140,000 on average. Yet you probably haven’t planned for that financial risk. Only 7.2 million or so Americans have LTC insurance, which covers many of the costs of a nursing home, assisted living, or in-home care — expenses that aren’t covered by Medicare.

“Long-term care is the unsolved problem for so many people,” said Christine Benz, director of Personal Finance at Morningstar, an investment research firm in Chicago. Here’s what you need to know about long-term-care insurance today.

1. Traditional policies have fewer fans. For years, long-term-care insurance entailed paying an annual premium in return for financial assistance if you ever needed help with day-to-day activities such as bathing, dressing, and eating meals. Typical terms today include a daily benefit for nursing-home coverage, a waiting period of about three months before insurance kicks in, and a maximum of three years’ worth of coverage.

“This is a classic story of market failure. No one wants to buy insurance, and no one wants to sell it.”

But these stand-alone LTC policies have had a troubled history of premium spikes and insurer losses, thanks in part to faulty forecasts by insurers of the amount of care they’d be on the hook for. Sales have fallen sharply. While more than 100 insurers sold policies in the 1990s, now fewer than 15 do. “This is a classic story of market failure,” said Howard Gleckman, a senior fellow at the Urban Institute, a nonpartisan think tank in Washington, and the author of Caring for Our Parents. “No one wants to buy insurance, and no one wants to sell it.”

2. You might not need insurance  …  but you need a plan. Premiums for LTC policies average $2,700 a year, according to the industry research firm LifePlans. That puts the coverage out of reach for many Americans. (One bright spot for spouses: discounts for couples are common —  typically 30% off the price of policies bought separately.)

If your assets are few, you may eventually be able to cover LTC costs via Medicaid, available only if you’re impoverished; if you have lots of money saved, you likely can pay for future care out of pocket. But weigh factors other than cash: do you have home equity you could tap? Nearby children who can be counted on to pitch in? Or do you have a family history of dementia that puts you at higher risk of needing care?

3. There’s a new insurance in town. As traditional LTC insurance sputters, another policy is taking off: whole life insurance that you can draw from for long-term care. Unlike the older variety of LTC insurance, these ‘hybrid’ policies will return money to your heirs even if you don’t end up needing long-term care. You don’t run traditional policies’ risk of a rate hike because you lock in your premium up front. If you’re older or have health problems, you may be more likely to qualify.

4. But old-school policies are cheaper. If all you want is cost-effective coverage — even if that means nothing back if you never need help — traditional LTC insurance has the edge. “Hybrid policies are usually two to three times more expensive than traditional insurance for the same long-term care benefits,” said Scott Olson, an insurance agent and co-owner of LTCShop.com in Camano Island, Wash. With hybrids, you’re paying extra just for the guarantee of getting money back.

A hybrid policy may make the most sense if your alternative is to use your savings, or if you have another whole-life policy with a large cash value.

5. Speed and smart shopping pay off. If you want insurance, start looking in your 50s or early 60s, before premiums rise sharply or worsening health rules out robust coverage. “Every year you delay, it will be more expensive,” Olson said. Initial premiums at age 65, for example, are 8% to 10% higher than those for new customers who are 64.

As for where to shop, seek out an independent agent who sells policies from multiple companies rather than a single insurer. For extra expertise and a wider choice of policies, Olson suggests looking for agents able to sell what are known as long-term-care partnership policies — part of a national program that has continuing-education requirements for insurance professionals.

Ellen Stark, a former deputy editor of Money, has written about personal finance for more than 20 years.

Senior Planning

Consider These Important Estate-planning Documents

By KEN COUGHLIN

Making sure you have the right estate-planning documents is one of the simplest ways to have a positive impact on your family’s future. Proper planning ensures that your wishes will be followed and that your family will have less to worry about after you are gone.

Estate planning does not need to be difficult; a few documents can make a big difference. Here are the five legal documents, in order of priority, that everyone should have in place:

1. Durable Power of Attorney. This appoints one or more people to act for you on financial and legal matters in the event of your incapacity. Without it, if you become disabled or even unable to manage your affairs for a period of time, your finances could become disordered and your bills not paid, and this would create a greater burden on your family. They might have to go to court to seek the appointment of a conservator, which takes time and money, all of which can be avoided through a simple document.

“Estate planning does not need to be difficult; a few documents can make a big difference.”

2. Healthcare Proxy and Medical Directive. Similar to a durable power of attorney, a healthcare proxy appoints an agent to make healthcare decisions for you when you can’t do so for yourself, whether permanently or temporarily. Again, without this document in place, your family members might be forced to go to court to be appointed guardian. Include a medical directive to guide your agent in making decisions that best match your wishes.

3. HIPAA Release. While the healthcare proxy authorizes your agent to act for you on health care matters, you may appoint only one person at a time. It may be important for all of your family members to be able to communicate with healthcare providers. A broad HIPAA release — named for the Health Insurance Portability and Accountability Act of 1996 — will permit medical personnel to share information with anyone and everyone you name, not limiting this function to your healthcare agent.

4. Will. Your will says who will get your property after your death. However, it’s increasingly irrelevant for this purpose, as most property passes outside of probate through joint ownership, beneficiary designations, and trusts. Yet, your will is still important for two other reasons. First, if you have minor children, it permits you to name their guardians in the event you are not there to continue your parental role. Second, it allows you to pick your personal representative (also called an executor or executrix) to take care of everything having to do with your estate, including distributing your possessions, paying your final bills, filing your final tax return, and closing out your accounts. It’s best that you choose who serves in this role.

5. Revocable Trust. A revocable trust is icing on the cake and becomes more important the older you get. It permits the person or people you name to manage your financial affairs for you as well as avoid probate. You can name one or more people to serve as co-trustee with you so that you can work together on your finances. This allows them to seamlessly take over in the event of your incapacity. Revocable trusts are not as simple as the prior four documents because there are many options for how they can be structured and what happens with your property after your death. Drafting a trust is more complicated, but also more nuanced, giving you more say about what happens to your assets.

Unless your situation is complicated, these documents are straightforward, and the process to create them is not difficult. By drafting an estate plan, you can save your family a great deal of strife, difficulty, and cost at an already-tough time.

Ken Coughlin is editorial director of ElderLawAnswers.

Senior Planning

These regional and statewide nonprofits can help families make decisions and access resources related to elder-care planning.

AARP Massachusetts
1 Beacon St., #2301, Boston, MA 02108
(866) 448-3621
states.aarp.org/region/massachusetts
Administrator: Mike Festa
Services: AARP is a nonprofit, nonpartisan, social-welfare organization with a membership of nearly 38 million that advocates for the issues that matter to families, such as healthcare, employment and income security, and protection from financial abuse

The Conversation Project and the Institute for Healthcare Improvement
53 State St., 19th Floor
Boston, MA 02109
(617) 301-4800
www.theconversationproject.org
Administrator: Kate DeBartolo
Services: The Conversation Project is dedicated to helping people talk about their wishes for end-of-life care; its team includes five seasoned law, journalism, and media professionals who are working pro bono alongside professional staff from the Instititute for Healthcare Improvement

Elder Services of Berkshire County Inc.
877 South St., Suite 4E, Pittsfield, MA 01201
(413) 499-0524
www.esbci.org
Administrator: Christopher McLaughlin
Services: Identifies and addresses priority needs of Berkshire County seniors; services include information and referral, care management, respite care, homemaker and home health assistance, healthy-aging programs, and MassHealth nursing home pre-screening; agency also offers housing options, adult family care, group adult foster care, long-term-care ombudsman, and money management, and oversees the Senior Community Service Aide Employment Program

Greater Springfield Senior Services Inc.
66 Industry Ave., Suite 9
Springfield, MA 01104
(413) 781-8800
www.gsssi.org
Administrator: Jill Keough
Services: Private, nonprofit organization dedicated to maintaining quality of life for older adults, caregivers, and people with disabilities, through programs and services that foster independence, dignity, safety, and peace of mind; services include case management, home care, home-delivered meals, senior community dining, money management, congregate housing, and adult day care

Highland Valley Elder Services
320 Riverside Dr., Florence, MA 01062
(413) 586-2000
www.highlandvalley.org
Administrator: Allan Ouimet
Services: Services include care management, information/referral services, family caregiver program, personal emergency-response service, protective services, home-health services, chore services, nursing-home ombudsman services, adult day programs, elder-care advice, bill-payer services, options counseling, respite services, representative payee services, local dining centers, personal-care and homemaker services, and home-delivered meals

LifePath
101 Munson St., Suite 201
Greenfield, MA 01301
(413) 773-5555
www.lifepathma.org
Administrator: Barbara Bodzin
Services: LifePath, formerly Franklin County Home Care Corp., an area agency on aging, is a private, nonprofit corporation that develops, provides, and coordinates a range of services to support the independent living of elders and people with disabilities with a goal of independence; it also supports caregivers, including grandparents raising grandchildren

Massachusetts Assoc. of Older Americans
19 Temple Place, Boston, MA 02111
(617) 426-0804
www.maoamass.org
Administrator: Chet Jakubiak
Services: Aims to improve the economic security of older Massachusetts residents through research and advocacy on policies that may reduce risk and hardship; fights against the dual stigma of being old and mentally ill, to preserve Medicare and Social Security, to ensure access to community-based long-term care, and to obtain mental healthcare for elders suffering from depression and other brain disorders; organizes regular conferences on important issues throughout the state and collaborates with councils on aging to hold training sessions for senior advocates

Massachusetts Executive Office of Elder Affairs
1 Ashburton Place, Unit 517
Boston, MA 02108
(617) 727-7750
www.mass.gov/elders
Administrator: Elizabeth Chen
Services: Connects seniors and families with a range of services, including senior centers, councils on aging, nutrition programs such as Meals on Wheels, exercise, health coaching, and more; supports older adults who may be somewhat frail through programs in nursing homes, such as the ombudsman program, volunteers who visit residents, and quality-improvement initiatives in nursing homes and assisted-living facilities; caregiver programs offer support to people with mild Alzheimer’s disease or those caring for someone with more advanced Alzheimer’s

Massachusetts Senior Legal Helpline
99 Chauncy St., Unit 400, Boston, MA 02111
(800) 342-5297
www.vlpnet.org
Administrator: Joanna Allison
Services: The Helpline is a project of the Volunteer Lawyers Project of Boston that provides free legal information and referral services to Massachusetts residents age 60 and older; the Helpline is open Monday through Friday, 9 a.m. to noon

MassOptions
(844) 422-6277
www.massoptions.org
Administrator: Marylou Sudders
Services: A service of the Massachusetts Executive Office of Health and Human Services, MassOptions connects elders, individuals with disabilities, and their caregivers with agencies and organizations that can best meet their needs; staff can also assist with determining eligibility for and applying to MassHealth

VA Central and Western Massachusetts Healthcare System
421 North Main St., Leeds, MA 01053
(413) 584-4040
www.centralwesternmass.va.gov.
Administrator: Andrew McMahon (interim)
Services: Provides primary, specialty, and mental-health care, including psychiatric, substance-abuse, and PTSD services, to a veteran population in Central and Western Massachusetts of more than 120,000 men and women

WestMass ElderCare Inc.
4 Valley Mill Road, Holyoke, MA 01040
(413) 538-9020
www.wmeldercare.org
Administrator: Roseann Martoccia
Services: Provides an array of in-home and community services to support independent living; interdisciplinary team approach to person-centered care; information, referrals, and options counseling as well as volunteer opportunities available; primary service area includes Holyoke, Chicopee, Granby, South Hadley, Belchertown, Ludlow, and Ware, as well as other surrounding communities

Senior Planning

Five Steps to Take When Your Parents Need Assisted Living

By MERRITT WHITLEY

Many families look to assisted-living facilities to provide essential care and peace of mind when it comes to their aging parents. Finding the best senior-living community means matching your parents’ needs, lifestyle, and budget with communities in their desired area. The process is easiest and most successful when you ask the right questions, prepare, and have open conversations with your family.

If you’ve noticed signs your parents need help, it may be time to look for assisted-living options. Follow these six steps to find the right senior-living facility for your parents.

Determine Cost and Payment Options

Decide what your family can afford on a monthly basis, and look for assisted-living communities that fit your budget. Some people have savings or long-term-care insurance to help fund senior living, while tthers need to be creative. You may consider options such as Social Security, VA benefits, cashing out a life-insurance policy, selling a home, or reverse mortgage to help pay for care.

Have a Conversation with Your Aging Parents

You can do much of the legwork for your parents, but have regular discussions with them about their desires and preferences. When you have a list of options ready, talk to them about communities you think are a good fit and why you like them. The more your parents know and are involved, the smoother their transition to senior living will be.

Visit or Virtually Tour a Community

No amount of time spent viewing brochures, floor plans, photos, or reviews can substitute for an in-person visit to or virtual tour of an assisted-living community. Visit at least three communities for comparison. Schedule visits for you and your parent, and try to tour during mealtimes. This allows you to interact with staff and residents, and sample the food. Overall, you’ll get a good feel for the environment and culture of the community.

Consult a Variety of Sources

You can always bounce ideas off of a senior-living advisor during the decision-making process. When making a decision, talk to those in the know to learn as much as you can. Read reviews of senior communities on senioradvisor.com to help you make an informed and confident decision. Check the background of an assisted-living community you’re considering with the state licensing agency tasked with monitoring facilities.

Prepare for the Transition

Do not delay the move — it’s risky to procrastinate, especially when a parent needs care. Delays can lead to avoidable accidents and medical problems. When preparing for a move, it’s important to:

• Consolidate possessions. Is your loved one downsizing? Can you help them sell or donate any items?

• Plan and coordinate the move. Are you hiring a company or helping on your own? Set up a schedule and plan to ensure the move goes smoothly to alleviate stress.

• Gather and manage legal documents. Locate medical documents, tax returns, or any important information your parents may need. Make sure they’re in a safe place so they don’t get lost or misplaced during the move.

Bottom Line

Whether your parents are choosing the community themselves, or you’re helping decide for a parent, the above steps should help ensure everyone in your family feels good about the assisted-living facility selection. When possible, have conversations with your parents, discuss the pros and cons of each option, and try to come to a consensus together.

Merritt Whitely is an editor at A Place for Mom.

Court Dockets

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.

HAMPSHIRE DISTRICT COURT

East Coast Builders Group, LLC v. Kent Pecoy & Sons Construction Inc. d/b/a Pecoy Cos. and Sturbridge Development, LLC
Allegation: Breach of contract: $27,500
Filed: 7/20/20

East Coast Builders Group, LLC v. Kent Pecoy & Sons Construction Inc. d/b/a Pecoy Cos. and Sturbridge Development, LLC
Allegation: Breach of contract: $24,349
Filed: 7/21/20

HAMPSHIRE SUPERIOR COURT

Francesca Torsiello, Cassandra Torsiello, and Kimberly Torsiello v. Trustees of Hampshire College, Five College Consortium Inc., Kevin Fournier, Raymond Labarre, Dianna Williams, Eva Rueschmann, and Byron McCrae
Allegation: Breach of contract, breach of civil rights: 871,000
Filed: 5/4/20

Easthampton Precision Manufacturing Inc. v. Samson Manufacturing Co.
Allegation: Breach of contract: $68,300.20
Filed: 5/8/20

Susan Lee Hanley, personal representative of the estate of Triona Hanley v. Athena Health Care Associates Inc. d/b/a Highview of Northampton; Malcolm Dean; Gina Ianacone, RN; Jane/John Doe 1; Jane/John Doe 2; Lara D’Benedetto, LPN; Margaret Russo, MD; and Jane/John Doe 3
Allegation: Medical malpractice, wrongful death: $1,000,000
Filed: 6/5/20

Jane Doe and John Doe v. Smith College, et al
Allegation: Willful negligence; willful infliction of pain, suffering, and emotional distress; fraud, mistake, duress, and undue influence; breach of contract and warranty: $15,000,000
Filed: 6/10/20

Western Builders Inc. v. Russell Street Hospitality, LLC and Gator Pearson, LLC
Allegation: Breach of contract: $416,983.35
Filed: 6/20/20

East Coast Builders Group, LLC v. Kent Pecoy & Sons Construction Inc. d/b/a Pecoy Cos., et al
Allegation: Breach of contract, unjust enrichment: $50,548
Filed: 7/21/20

Senior Planning

It’s Not About Giving Up, but About Quality of Life

From the AMERICAN ACADEMY OF HOSPICE AND PALLIATIVE MEDICINE

There may come a time when efforts to cure or slow an illness are not working and may be more harmful than helpful. If that time comes, you should know there’s a type of palliative care — called hospice — that can help ensure your final months of life are as good and fulfilling as they can be for you and your loved ones.

Hospice is not about giving up. It’s about giving you comfort, control, dignity, and quality of life.

Insurers, Medicare, and Medicaid will generally provide coverage for hospice care if your doctors determine you likely have six months (a year in some cases) or less to live if your illness follows its normal course.

“Requesting hospice care is a personal decision, but it’s important to understand that, at a certain point, doing ‘everything possible’ may no longer be helping you. Sometimes the burdens of a treatment outweigh the benefits.”

So, how do you know when it’s time for hospice care? Requesting hospice care is a personal decision, but it’s important to understand that, at a certain point, doing ‘everything possible’ may no longer be helping you. Sometimes the burdens of a treatment outweigh the benefits. For instance, treatment might give you another month of life but make you feel too ill to enjoy that time. Palliative doctors can help you assess the advantages and disadvantages of specific treatments.

Unfortunately, most people don’t receive hospice care until the final weeks or even days of life, possibly missing out on months of quality time. This may be out of fear that choosing hospice means losing out on a chance for a cure. Sometimes doctors fear their patients will feel abandoned if they suggest hospice.

Hospice care can help you continue treatments that are maintaining or improving your quality of life. If your illness improves, you can leave hospice care at any time and return if and when you choose to.

The following are some signs that you may experience better quality of life with hospice care:

• You’ve made several trips to the emergency room, and your condition has been stabilized, but your illness continues to progress.

• You’ve been admitted to the hospital several times within the last year with the same symptoms.

• You wish to remain at home, rather than spend time in the hospital.

• You are no longer receiving treatments to cure your disease.

Hospice care can free you up to ensure a time of personal growth and that you get the most you can out of your time left, allowing you to reflect on your life; heal emotional wounds and reconnect with a loved one with whom you have been estranged; visit favorite places or those with special meaning, such as a school, house, or location with a beautiful view you’ve always loved; put your financial affairs in order; create a legacy, such as a journal, artwork, or a videotaped message; or simply be with the people you love and who love you.

There are other benefits of hospice care, too:

• Hospice care allows you to remain and receive medical care in your own home, if desired and possible.

• It prevents or reduces trips to the emergency room for aggressive care that you might not want. Although you still might go to the hospital for tests or treatments, hospice allows you and your loved ones to remain in control of your care.

• Members of the hospice team can clean, cook, or do other chores, giving your loved ones a chance to run errands, go out to dinner, take a walk, or nap.

• Hospice programs offer bereavement counseling for your loved ones, often for up to a year.

Hospice care may not be appropriate if you are seeking treatments intended to cure your illness. Whether receiving hospice or palliative care, you should make a plan to live well so that your wishes for care and living are known.

Senior Planning

It’s Important to Act Based on Facts, Not What You Think You Know

By Gina M. Barry

In the realm of estate planning, the following myths are rampant. You may have heard them, or even believe them, yourself.

As it is not possible to make proper decisions with incorrect information, it is important to dispel these myths.

Myth 1: “If I need to go into a nursing home, Medicare will pay for my care.”

This myth may very well be perpetuated by the fact that ‘Medicare’ sounds very much like ‘Medicaid,’ which does pay benefits for nursing-home care for qualified applicants. Medicare Part A will pay for medically necessary inpatient care in a skilled-nursing facility, but only following a three-day hospital admission.

Gina M. Barry

Gina M. Barry

“The best estate-planning legal advice comes from a qualified estate-planning attorney, who will explain the options that best suit your unique situation and help you choose the best option for you based on correct information.”

In this case, Medicare will pay for up to 100 days of skilled-nursing care or rehabilitation services. The actual length of benefits could be much shorter than 100 days if those services are no longer required.

When Medicare benefits are available due to a qualifying hospital admission, Medicare pays 100% of the cost for the first 20 days, but only 80% of the cost for the next 80 days. Most Medicare recipients also have Medigap insurance, which will pay the balance not covered by Medicare. When Medicare benefits are exhausted, an alternative payment source is needed to pay for ongoing nursing-home care.

This alternative source could be long-term-care insurance benefits, private payment from income and assets, and/or Medicaid. For qualifying individuals, benefits from the Veterans Administration may also be available.

Myth 2: “I can give away assets and then obtain Medicaid benefits to pay for my nursing-home care.”

When faced with a nursing-home bill of approximately $13,000 per month, many people seek Medicaid benefits to pay for this care. In order to obtain Medicaid benefits, an asset limit must be met; therefore, assets valued above this amount must be reduced to the asset limit before benefits will be paid.

To reach this asset limit, most hope to give away excess assets, usually to their children. The Medicaid program imposes a penalty when any assets are given away within five years of the application for benefits, except in very specific circumstances. This penalty results in the applicant being unable to obtain Medicaid benefits for at least five years after such a gift is made.

There are planning options available at the time of a nursing-home admission, but in most cases, gifting will not be one of those options. Gifting options can exist if undertaken five years prior to nursing-home admission or earlier.

Myth 3: “I can give away $10,000 to as many people as I want each year, but if I give more, then I have to pay gift tax.”

This myth emanates from the federal gift-tax system. There is currently no gift tax in Massachusetts. In 2020, you may give up to $15,000 to as many people as you want without having to file a federal gift-tax return. The amount that can be gifted is stated incorrectly in the myth, as most people remain unaware of the ongoing increases in the allowable gift amount, which is known as the annual gift-tax exclusion. Also, in 2020, even if a gift-tax return must be filed because more than $15,000 is given to one person in one year, the giver of the gift will not pay any gift tax until they have gifted more than $11.58 million during their lifetime.

All gifts made that exceed the annual gift-tax exclusion will reduce the estate-tax exclusion available at the death of the giver of the gift. Thus, if you have $115,000, and you give all of it away in one year to one person, then you will need to file a federal gift-tax return. You will not owe any gift tax because the gift itself does not exceed the lifetime threshold, but when you die, the amount of assets you would have been allowed to pass without paying estate tax will be reduced by $100,000 (the amount of the gift that exceeded the annual exclusion amount).

Myth 4: “When I die, if I have a valid will, my estate does not have to go through probate.”

The assets in your probate estate are those that, when you pass away, are held in your name alone and do not have a designated beneficiary. Whether probate is needed is not based upon whether you have a will; rather, it is based upon how your assets are owned when you die. If you leave probate assets, then in order for your will to ‘speak,’ a probate estate must be opened. To avoid probate, you would need to have all assets held jointly or in a trust or with a designated beneficiary.

Although the above myths remain popular, they are not accurate. The best estate-planning legal advice comes from a qualified estate-planning attorney, who will explain the options that best suit your unique situation and help you choose the best option for you based on correct information.

Gina M. Barry is a partner with the regional law firm Bacon Wilson, P.C. She is a member of the National Assoc. of Elder Law Attorneys, the Estate Planning Council, and the Western Massachusetts Elder Care Professionals Assoc. She concentrates her practice in the areas of estate and asset protection planning, probate administration and litigation, guardianships, conservatorships, and residential real estate; (413) 781-0560; [email protected]

Agenda

‘Heroes in Healthcare’ Exhibit

Through Jan. 24: The Springfield Museums will present “Heroes in Healthcare: Celebrating Springfield’s Medical Community” at the Wood Museum of Springfield History from Aug. 3 through Jan. 24, 2021. As a complementary exhibit to Hall of Heroes, located on the first floor of the Wood Museum of Springfield History, “Heroes in Healthcare” pinpoints the deep appreciation we all feel for those who put themselves in harm’s way in order to help others. From the Civil War through present day, doctors and nurses, public-health employees, social workers, and philanthropists have contributed significantly to improving the health of this community with their skills, compassion, and vision. This exhibit examines that history in Springfield. As stewards of the Baystate Medical Center archives, including materials from its Training School for Nurses, museum staff were able to gather a rich history of healthcare in Springfield. The Visiting Nurses Assoc. archives are also held at the Wood Museum. Exhibit organizers delved into that collection to share remarkable stories of how visiting nurses traveled to the homes of people of all economic backgrounds to not only treat disease, but also to offer wellness training, childcare advice, and, often, a sympathetic ear. With the World Health Organization’s declaration of 2020 as the International Year of the Nurse and Midwife, the museums dedicate a part of this exhibit to specifically celebrating the city’s nurses. The museums will also present a Wall of Healthcare Heroes to honor the courageous and dedicated work of area hospitals’ frontline responders. The Springfield Museums are also grateful for the assistance of Mercy Medical Center and the archives of the Sisters of Providence in documenting the history of their organization.

Knights Of Columbus Golf Tournament

Aug. 21: The Greenfield Knights of Columbus Council #133 will host its seventh annual charity golf tournament at Crumpin-Fox Club in Bernardston. This year, the Greenfield Council #133 recognizes the United Arc as its tournament partner. The event will be an 18 hole, four-person scramble with tee advantages for senior golfers. The entry fee of $125 per person includes greens fees, carts, use of the practice range, and prizes for the winners. A $35 gift card will be given to all golfers, which can be used at any time for meals, merchandise, or golf-related items. Raffle tickets will be sold, with prizes including a three-day Cape Cod vacation, a sports package, golf certificates, a ‘mystery box’ provided by the United Arc, restaurant certificates, auto packages, and much more. A hole-in-one contest will offer a chance to win a new car or other significant prizes. In addition to the United Arc, the proceeds from the event will be used to fund a number of Council #133’s worthy causes in Greenfield and Franklin County, including the Pan Mass Challenge, Baystate Franklin Medical Center’s Wheeling for Healing, Farren Hospital’s Gift of Light, the Greenfield Homeless Shelter, monthly community meals, high-school scholarships, honoring veterans on Memorial Day and having Wreaths Across America wreaths placed on graves at Christmas, several youth sports programs, and more. To sign up or for more information, call Lou Grader at (413) 774-2848, Dan Arsenault at (413) 774-5258, Bob Wanczyk at (413) 774-2465, Paul Doran at (413) 522-1800, or Joe Ruscio at (413) 768-9876.

Women’s Leadership Luncheon Series

Aug. 26, Sept. 30, Oct. 28: On July 29, Holyoke Community College President Christina Royal and Amanda Sbriscia, HCC’s vice president of Institutional Advancement, kicked off a reimagined monthly Women’s Leadership Luncheon Series. The 2020 Women’s Leadership Luncheon Series, postponed from spring due to COVID-19, will now take place virtually over Zoom on the last Wednesdays of each month from noon to 1 p.m. The series is sponsored by HCC and Training and Workforce Options (TWO), a collaboration between HCC and Springfield Technical Community College. Each lunchtime event will feature two presenters leading discussions on different topics. On Aug. 26, “Empowering Women in the Workplace” will be presented by Denise Jordan, executive director, Springfield Housing Authority; and Julie Quink, managing partner, Burkhart, Pizzanelli, P.C. On Sept. 30, “Comfortable in Your Own Skin, Finding Your Voice” will feature Tanisha Arena, executive director, Arise for Social Justice; and Pam Victor, owner, Happier Valley Comedy. On Oct. 28, “Women Leaders in Non-Traditional Businesses” will be presented by Colleen Loveless, president and CEO, Revitalize Community Development Corp.; and Nicole Palange, vice president, V&F Auto. Each session costs $20 each, or $50 for the full series. Registration is required. Space for each luncheon is limited to 25. To register, visit hcc.edu/womens-leadership.

Real-estate Licensing Course

Sept. 9 to Oct. 15: The Realtor Assoc. of Pioneer Valley will sponsor a 40-hour, 14-class, sales-licensing course to help individuals prepare for the Massachusetts real-estate salesperson license exam. Tuition is $400 and includes the book and materials. For an application, call the (413) 785-1328 or visit www.rapv.com. The Realtors Assoc. has taken all necessary COVID-19 sanitary precautions in accordance with CDC and Massachusetts Department of Public Health guidelines to ensure the safety of its students. Classes are limited to 18 students.

Gap-semester Course on Social-justice Issues

Sept. 21 to Dec. 21: Bay Path University has put together a unique course for recent high-school graduates looking to explore ways they can impact movements for social justice. The course, “Exploring Pathways to Social Justice,” will combine lectures, discussions, videos, readings, and virtual, experiential learning through the context of history, legal studies, and communications. In addition, the students will participate in presentations by professionals who have channeled their visions for a more just world into careers advocating for social justice and leading their communities. The three-credit course runs from Sept. 21 to Dec. 21 and is open to recent high-school graduates and college students, whether enrolled at Bay Path University; its online program, the American Women’s College; or any other institution, as well as students who are taking a gap semester while they evaluate their college options. Registration runs until Sept. 16. The class is a collaboration between several faculty members and will explore social-justice movements, trace the historical roots of the civil-rights struggle, investigate how race factors into the contemporary criminal justice system, and consider strategies for change. Students will be challenged to apply their passion for social justice while learning to express themselves and developing practical skills for academic and professional settings. Through the course material and ongoing opportunities for conversation, they will connect with other students and become part of an inspired, motivated network. “We created this class for students who may be using this time away from their schools to contemplate how and where to channel their voice and their passion for social justice, as they begin to think about their long-term goals, personally and professionally,” said Gwen Jordan, director of Bay Path’s Justice and Legal Studies department. She will be teaching sections on the criminal justice system, including a focus on the movement devoted to exonerating the wrongly convicted and reforming the system. Additional course information and a registration link are available at www.baypath.edu/academics/undergraduate-programs/the-american-womens-college-online/academics/gap-semester-course.

Senior Planning

It’s Helpful … Like Driving with Google Maps

By Liz Sillin

It is a product of the COVID-19 era, but we have found that many people are thinking about wills and other estate-planning issues this year. The truth is that people of all ages should be thinking about a will, and not just during a pandemic.

What is a will, and why would you want one?

A ‘last will and testament’ is a document that spells out who it is that you would like to receive certain assets of yours — your ‘probate assets’ — at your death. In it, you name a ‘personal representative’ (formerly known as an executor/executrix) who oversees the directives in your will.

If you have minor children, you name a guardian and conservator for them. A will is a formal document, signed in front of two disinterested witnesses and a notary who attest to your apparent soundness of mind and that you appear to be over the age of 18 and signing willingly.

It’s a little like having Google Maps for those you leave behind — it lays out where you want your assets to go and how to get there. You can say who you want to receive specific assets, be it your mother’s wedding ring or your house, and you can direct assets to family, friends, and charities in whatever proportions you wish.

“It’s a little like having Google Maps for those you leave behind — it lays out where you want your assets to go and how to get there.”

If you die without a will, state law takes over. The state has tried to determine what most people would want in the absence of a will, but it is not nuanced. For example, if you are married and all your children are from that marriage, state law presumes that you want all your probate assets to go to your spouse — no direct gifts to your children, no charitable gifts, no gifts to friends. By contrast, if you are married and have children from a prior marriage, then state law presumes that the first $100,000 of your probate assets should go to your surviving spouse, and the rest of the probate assets are split 50/50 between the spouse and the children of the prior marriage.

State law cannot know that you have a disabled child who needs a special-needs trust or a house that you really want your surviving spouse to have. State law also sets forth who has priority to serve as your personal representative if you don’t have a will.

We should pause to talk about ‘probate assets.’ These are assets that you own in your own name — not jointly with someone else and not owned in a trust — and assets as to which you have not made a beneficiary designation or a pay-on-death payee. You own a house in your own name — it’s a probate asset. You own a house jointly with your spouse — it transfers to the spouse by operation of law at your death and is not a probate asset. If you have a retirement asset, such as a 401(k) or an IRA, or a life-insurance policy on which you have filled out a form designating a beneficiary, the asset passes to that beneficiary at your death and is not a probate asset.

If you make a will and in it you say your life insurance proceeds go to Joe, but your life-insurance beneficiary designation form says they go to Jane, the proceeds go to Jane. It is important to understand that the will only deals with your probate assets.

Why is a will helpful?

• It is easier to sell real estate from your probate estate if you have a will.

• You may not want your assets to go the way that state law directs. In Google Maps talk, state law provides directions to Boston, and you are thinking more about Alaska, with stops in Ohio and California along the way…

• You may not want the person state law prescribes as your ‘driver’ (the personal representative); perhaps you love your spouse dearly, but your sister is much more organized and would be much better at following directions.

• You want to name your neighbors to serve as guardians for your children if your spouse is unable to do so, because it is important that they stay in the neighborhood and stay in their current schools through high school.

• It provides certainty among those you leave behind that the map you have drawn is going to direct your heirs to where you want your assets to go, with the driver you have selected. It provides you, as well as your family, with certainty. And certainty, in this COVID-19 era, is a very nice thing.

Liz Sillin is an estate-planning specialist with the law firm Bulkley Richardson; (413) 272-6200.

People on the Move
M. Susan Guyer

M. Susan Guyer

Springfield College Provost and Vice President for Academic Affairs Martha Potvin announced that M. Susan Guyer has been named dean of the School of Physical Education, Performance and Sport Leadership. Guyer had been serving as interim dean since January 2020. Guyer has been a faculty member at Springfield College since receiving her doctor of physical education degree from Springfield College in 2003. Four the past four years, she has served as chair of the Springfield College Department of Exercise Science and Athletic Training. In 2017, Guyer was named the Distinguished Springfield Professor of Humanics and focused on a year-long vision to foster collaborative relationships and leadership on campus between exercise, health, and other disciplines. Her vision brought together campus and community members across multiple disciplines to discover, share, and adopt the principles of the ‘exercise is medicine’ program, and assisted in helping change the culture of chronic-disease prevention and management. During Guyer’s time at the college, she has built strong community partnerships and has hosted multiple symposiums benefiting the health of the campus community members and surrounding community neighbors. She has annually collaborated with Baystate Rehabilitation Care to lead programs that highlight the importance of fitting exercise into a person’s daily routine. In addition, she also has worked with health experts from Baystate Medical Center, the New England Center for Functional Medicine, and the Springfield College Nutritional Sciences Program to host an annual Heart Health Symposium on campus. In October 2018, Guyer was honored by the Springfield City Council with a proclamation recognizing her commitment to creating collaborative health initiatives within the city of Springfield to improve the overall health of all citizens. She has also received numerous national accolades from her professional associations, including the National Athletic Training Assoc. Service Award, the National Athletic Training Assoc. Most Distinguished Athletic Trainer Award, and the Gail Weldon Award of Excellence. These awards represent her continued contributions to service, professional development, mentoring, and leadership. Guyer earned her master’s degree in athletic training from Old Dominion University, and her bachelor’s degree in athletic training, with a dual minor in sports science/fitness and coaching, from Castleton State College.

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Nicles Lefakis

Nicles Lefakis

Asnuntuck Community College Accounting Professor Nicles Lefakis recently retired after 41 years of teaching at ACC. Part of a two-person team in the early years, he and Esther Alaimo built an accounting program that boasted the highest percentage of students in the state’s community-college system. They also negotiated the first transfer agreements with four-year colleges that provided for all degree requirements to be transferred. Lefakis was also key to development of the first accounting course specifically aimed at assisting small-business owners with their bookkeeping needs, again a model for the state’s community colleges. Lefakis was a faculty leader at Asnuntuck, often elected by his peers to serve on committees related to personnel, curriculum and academic standards, and improving instruction. He was also selected by college management to serve on various committees related to accreditation, college management, and course transfer. Always interested in helping the community, Lefakis and Alaimo brought the Internal Revenue Service’s Volunteer Income Tax Assistance (VITA) to Asnuntuck in the early 1980s and ran it for a number of years. Lefakis was key in helping long-time colleague Bill Searle recently get ACC to once again be the host for VITA in Enfield. On the state level, Lefakis was deeply involved with the state Center for Teaching since its inception. Selected to the staff of the prestigious Barnes Seminar in its second year, he was selected as a staff member more often than any other person in the state.

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Western New England University (WNEU) School of Law Dean Sudha Setty announced the appointment of nationally renowned legal scholar and advocate Jennifer Taub to the School of Law faculty. An authority on the 2008 mortgage meltdown and related financial crisis, Taub’s research and writing centers on ‘follow the money’ matters, promoting transparency and opposing corruption. Her new book, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime, will be published on Sept. 29. Taub was a co-founder and organizer of the April 15, 2017 Tax March, where more than 120,000 people gathered in cities nationwide to demand President Trump release his tax returns. She will join the School of Law faculty in August, teaching white-collar crime, civil procedure, and other commercial and business law subjects. Taub’s 2014 book, Other People’s Houses: How Decades of Bailouts, Captive Regulators, and Toxic Bankers Made Home Mortgages a Thrilling Business, was praised by Nobel Laureate Robert Shiller in his 2015 edition of Irrational Exuberance and won a “must-read nonfiction” honor at the Massachusetts Book Awards. She is also a co-author of the sixth edition of Corporate and White Collar Crime: Cases and Materials. Taub’s scholarly writing on corporate governance, financial market regulation, and banking law reform has been published in law journals and peer-reviewed volumes, and she has testified several times before U.S. congressional committees as an expert, including as an invited witness for the Senate Banking Committee and a House Financial Services subcommittee. Taub has been the Bruce W. Nichols Visiting Professor of Law at Harvard Law School, and a visiting professor at the University of Illinois College of Law and the University of Connecticut School of Law. She also served as a visiting fellow at the Yale School of Management. Before joining Western New England University School of Law, she was a professor at Vermont Law School. Prior to joining academia, Taub was an associate general counsel with Fidelity Investments. She received her bachelor’s degree, cum laude, from Yale University, with distinction in the English major, and her juris doctor, cum laude, from Harvard Law School, where she was the Recent Developments editor at the Harvard Women’s Law Journal. Taub has appeared on cable news programs including MSNBC’s Morning Joe and CNN Newsroom to discuss legal matters, including the special counsel investigation into links between Russia and the Trump presidential campaign. She has written opinion pieces for a variety of platforms, including the Washington Post, the New York Times, the CNN opinion page, Dame Magazine, the Baseline Scenario, Race to the Bottom, Pareto Commons, the Conglomerate, and Concurring Opinions.

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Rebecca Albro

Rebecca Albro

Florence Bank announced that Rebecca Albro was recently selected as a recipient of its President’s Award. The President’s Award was established by the bank in 1995, affording employees the annual opportunity to nominate their peers for this prestigious honor that recognizes outstanding performance, customer service, and overall contribution to Florence Bank. Albro, who was nominated by numerous colleagues, is a teller operations manager and customer-service representative in the main branch in Florence. She began work at Florence Bank in 2014. “For nearly six years, Becky has been a reliable asset to our organization,” Florence Bank President Kevin Day said. “Her ability to manage and encourage others is admirable. Becky is the consummate employee to receive the President’s Award.”

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Michael Matty, president of St. Germain Investment Management, announced the appointment of Christopher Mainard to Operations specialist and Amanda Limero to Client Services and Operations associate. Mainard has a strong working knowledge of trading, client services, financial operations, and data analysis, with more than 20 years of experience in those fields. His career began in the compliance division of Hartford, Conn.-based Advest Inc. His experience there included responsibilities in retirement operations, subsequently becoming the Operations supervisor for the Investment Management department. His career continued to expand with experience gained from other investment-management firms in Boston. While at Taylor Investments, he was a Trading and Portfolio specialist. Limero, who will be working out of St. Germain’s d/b/a Gage-Wiley office in Northampton, has more than 18 years of banking experience and brings a wide range of skills in operations, administration, corporate communications and customer relationships. She spent the past 13 years at United Bank, with the last five of those years as a Payment Operations manager. She holds an associate degree in liberal arts from Holyoke Community College and a bachelor’s degree in business management from the Isenberg School of Management at UMass Amherst. She recently passed the Securities Industries Essential Exam, a new-for-2020 requirement pertinent to the securities industry.

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Maggie Balch

Maggie Balch

Westfield State University appointed Maggie Balch dean of students. She will report to Vice President for Student Affairs Gloria Lopez, and will oversee student activities and leadership, student conduct, residential engagement, and the Career Center. An accomplished student-development professional, Balch has more than 20 years of experience in the field. She most recently served in a similar position for the past five years at Rhode Island School of Design. Prior to that, she held progressively advancing positions in student life at Brandeis University for 12 years, ranging from director of Residence Life to associate dean of Student Life. Balch earned a bachelor’s degree in elementary education from Pennsylvania State University and master’s degree in higher education administration: student affairs at the University of Connecticut. She later held positions in residence life at Washington University in St. Louis, Indiana University, and UMass Dartmouth.