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Daily News

BOSTON — The application for the Natural Disaster Recovery Program for Agriculture is now open. The program will provide financial assistance to farmers who suffered crop losses as a result of any of three 2023 natural disasters in Massachusetts: the Feb. 3-5 deep freeze that impacted a large amount of peach and stone-fruit production; the May 17-18 frost that impacted a large amount of apple production and vineyards; and the July 9-16 rainfall and flooding that impacted a large amount of vegetable crops, field crops, and hay and forage crops.

Farmers may apply by clicking here, and must provide information concerning the extent of their losses. An informational webinar will be held for interested applicants at on Friday, Sep. 8 at 9 a.m. Click here to register for the webinar. Applications close on Friday, Sept. 29.

“I am tremendously grateful that the Legislature is coming to the aid of our farmers in strong partnership with the Healey-Driscoll administration,” said state Sen. Jo Comerford, assistant vice chair of the Senate Committee on Ways and Means and acting chair of the Joint Committee on Agriculture. “The $20 million in the fiscal year 2023 supplemental budget will support farmers who have experienced massive hardships and losses, from extreme flooding earlier this month to the frosts and freezes earlier this year.”

Daily News

SPRINGFIELD — Earlier this summer, the National Elder Law Foundation (NELF), the only organization approved by the American Bar Assoc. to offer certification in elder law, announced that Bacon Wilson, P.C. attorney Gina Barry has successfully completed its examination leading to such certification.

Certification in elder law — one of the fastest-growing fields in the legal profession — will assure the public that the attorney has an in-depth working knowledge of the legal issues that impact the elderly.

Barry is now one of two Bacon Wilson attorneys to pass this certification exam. Attorney Hyman Darling earned his certification in elder law in 2008.

Daily News

SPRINGFIELD — Art for the Soul Gallery will host a book signing with Springfield native and award-winning costume designer to celebrate the launch of her book, The Art of Ruth E. Carter: Costuming Black History and the Afrofuture, from Do the Right Thing to Black Panther.

The free event will take place on Friday, Sept. 8 at 1 p.m. at Tower Square, 1500 Main St., in the second-floor food court. Books will be available for purchase at Art for the Soul Gallery. Light refreshments will be provided by Nosh. Parking will be validated if off-street parking is not available. Attendees are invited to come dressed in the attire of one of Carter’s movie costumes.

“I’ve known Ruth for many years,” said Rosemary Tracy Woods, Art for the Soul Gallery executive director. “Her extraordinary talent was always evident. It was only a matter of time before the world would acknowledge her greatness.”

For three decades, Carter has shaped the story of the Black experience on screen, from the ’80s streetwear of Do the Right Thing to the royal regalia of Coming to America. Her work on Marvel’s Black Panther and Black Panther: Wakanda Forever not only brought Afrofuturism to the mainstream, but also made her the first Black winner of an Oscar in costume design and the first Black woman to win two Academy Awards in any category. In 2021, she became the second-ever costume designer to receive a star on the Hollywood Walk of Fame.

The book signing will coincide with the completion of the Ruth Carter mural at Rebecca Johnson Elementary School in Mason Square.

This event is made possible with the help of sponsors and community partners including the office of Springfield Mayor Domenic Sarno, the Springfield Cultural Council, the Springfield Cultural Partnership, the Springfield Department of Health & Human Services, Smokey Joe’s, Alpha Kappa Alpha Sorority Inc. Zi Zi Omega Chapter, Olive Tree, Common Wealth Murals, and TSM Design.

Daily News

HARTFORD, Conn. — Whittlesey, an accounting, advisory, and technology firm, has been named a Best of the Best Firm by INSIDE Public Accounting (IPA), an award‐winning newsletter for the public-accounting profession. Whittlesey is the only Connecticut- and Western Mass.‐based firm to make this list.

“We are honored that IPA has recognized us as one of the Best of the Best Firms for the second consecutive year,” Managing Partner and CEO Drew Andrews said. “This prestigious award is a testament to our team’s pursuit of excellence and commitment to our clients and the trust they put in us each day.”

IPA’s annual Best of the Best list ranks top accounting firms with superior financial and operational performance in the most recent fiscal year. The firms are selected from nearly 600 firms across the U.S. and Canada. Selections for the list are based on more than 50 metrics related to firm growth, productivity, staff development, and more.

Along with being named a Best of the Best Firm, Whittlesey was also named a 2023 Top 200 Accounting Firm in the nation. There are more than 46,000 public accounting firms in the U.S.

Founded in Hartford in 1961, Whittlesey is one of the largest regional CPA and consulting firms in New England. With offices in Connecticut and Massachusetts, it provides a comprehensive array of advisory, assurance, tax, and technology services to a broad range of businesses and individuals.

Daily News

PITTSFIELD — Pittsfield Cooperative Bank recently hired Joseph Maffuccio II as vice president, branch administration.

Maffuccio joins the Co-op after an accomplished 16-year career with Greylock Federal Credit Union. While at Greylock, he held several retail, market, and business-development supervisory and manager positions, most recently as vice president, market manager.

“We are delighted to welcome Joe to our team,” said J. Jay Anderson, president and CEO of Pittsfield Cooperative Bank. “His strong leadership skills, retail knowledge, and regional contacts will certainly make him an asset to the bank.”

Maffuccio received his bachelor’s degree from Massachusetts College of Liberal Arts in North Adams. He is the past president of Tyler Street Business Group and currently coaches Pittsfield youth sports.

Daily News

LONGMEADOW — Glenmeadow, a provider of senior retirement lifestyle options, announced the appointment of Kathy Martin to the position of president and CEO, effective Oct. 1. She succeeds Anne Thomas in that role.

“After an extensive national search, the board of directors unanimously agreed that Dr. Martin’s exceptional leadership skills, extensive nonprofit experience, and proven track record of successful strategic planning and execution make her the ideal candidate to lead Glenmeadow’s continued transformative development,” said Amy Santarelli, chair of the Glenmeadow board of directors.

Martin brings to the role more than two decades of nonprofit leadership experience. She is currently assistant provost for Accreditation and Administration at UMass Amherst and previously served Springfield College in several roles, most recently chief of staff. Her experience in higher education includes prior posts at Bay Path University, Susquehanna University, and Bucknell University. Her volunteer leadership experience includes membership on the board of directors of Glenmeadow and Link to Libraries. She is also a corporator of Square One.

“I am deeply honored to have been selected as Glenmeadow’s next president and CEO,” Martin said. “The strengths of the organization are numerous, as are the parallels between higher education and senior living. I am eager to work with the talented staff and committed board to distinguish Glenmeadow as an exemplary community of choice. The future is certainly bright, and this opportunity is a perfect match with my commitment to serving and strengthening mission-driven organizations and communities. Getting to know the residents and their families is a high priority, and I’m looking forward to getting started. We are going to do great work together.”

Martin earned her bachelor’s degree in physical education (sport management) from Keene State College and her master’s degree in physical education (athletics administration) and doctor of physical education degree (with a specialization in sport psychology) from Springfield College.

Daily News

SPRINGFIELDBusinessWest, the business journal of Western Massachusetts, is accepting nominations for the sixth annual Women of Impact awards through 5 p.m. today, Sept. 5.

In 2018, BusinessWest created the Women of Impact program as a way to honor women in the region who are making an impact and creating positive change.

Women of Impact was chosen as the name for the program because, while nominees can hail from the world of business, they can also emerge from other realms, such as the nonprofit community, public service, law enforcement, education, social work, the mentorship community, a combination of these — in short, we’re recognizing inspirational women on any level. The honorees will be announced and profiled in the Oct. 16 issue of BusinessWest.

Nominations should be written with one basic underlying mission: to explain why the individual in question is, indeed, a woman of impact. Visit businesswest.com/women-of-impact-nominations for addional information and a nomination form.

For more information, call Melissa Hallock, Marketing and Events director, at (413) 781-8600, ext. 100, or email [email protected].

Daily News

EASTHAMPTON — Mary Ann Hanlon, owner of Mary Ann’s Dance and More, a dance apparel and supply store located at 163B Northampton St., Easthampton, has announced her retirement.

“After 15 years, and with mixed emotions, I announce my retirement. I cannot express how much fun I have had working with dancers from Western Massachusetts and beyond. It has been so rewarding watching everyone grow and perfect their craft over the years. Working with studio owners and dance teachers has been a pleasure to ensure that their dancers had the proper attire for class, competition, and recital.

“This decision did not come lightly,” she added. “I have enjoyed making connections in the dance world, but it is time for me to put my focus elsewhere. I cannot thank everyone enough for their support — personally and professionally — over the last 15 years.”

The retirement sale concludes on Sept. 30. Apparel, shoes, gift items, and bags are 50% off with some restrictions (limited to in-stock items only; no special orders). During the retirement sale, store fixtures will also be for sale.

Opened since 2007, Mary Ann’s Dance and More offers customers dance supplies, including apparel and accessories, as well as novelty and gift items. The store has been a consistent sponsor of various local organizations. It was featured in the national dance retailer magazine Dance Retailer News, as a Retailer Spotlight twice on Mass Appeal on WWLP TV22, and in “Lifestyle/Balance Act” in Retail Minded.

Daily News

LENOX — Shakespeare & Company’s Center for Actor Training is offering a six-session, online class titled “Linklater Voice: The Progression II.” Beginning Tuesday, Sept.19, classes are held from 7 to 9 p.m. on Tuesdays through Oct. 24.

Using the techniques set forth in Kristin Linklater’s practical approach to voice training, including information from her book Freeing the Natural Voice, participants explore the potential of voice as an actor or public speaker by creating connections between thoughts, body, and voice.

This class reinforces the relaxation, and generous vibration, explored in the first half of the Progression and investigates how the voice can be strengthened by isolating and then blending the different resonators, expanding breath capacity, and finding an easy and efficient articulation.

The class will be led by actor, teacher, and director Tom Giordano, a designated Linklater Voice teacher and Shakespeare & Company artist. As the class focuses on the second half of the Progression, some experience with Linklater Voice is recommended.

Tuition is $250, and scholarships are available for BIPOC artists. Discounts are also available for training alumni as well as members of acting unions and the Shakespeare Theatre Assoc. For more information or to apply, visit shakespeare.org or call (413) 637-1199, ext. 114.

Daily News

LENOX — The Mount, Edith Wharton’s home, is once again collaborating with the Western Mass. Straw Dog Writers Guild to offer a unique residency experience for nine emerging writers. Genres include poetry, fiction, creative non-fiction, and plays. Residencies will be for one week and include lodging at a neighboring inn, a workspace at the Mount, breakfast, lunch, and a $500 stipend.

The residencies begin on March 3, 10, and 17, and three writers will be selected for each week. Applications are now open and are limited to the first 270 submissions. Visit edithwharton.org for more information and to access the application form.

This will be the tenth year the Mount has offered writers an opportunity to create at the Mount, and its third year partnering with Straw Dog Writers Guild. The revamped residency now focuses on writers who are developing their craft. There is no prerequisite of being published.

Submissions are reviewed anonymously and ranked based on the following criteria: quality of writing, originality of voice, the potential for growth as a writer, and strength of the statement of purpose. The $25 application fee will be waived for financial hardship and for Mount and Straw Dog members.

Business Talk Podcast Special Coverage

We are excited to announce that BusinessWest 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.

Go HERE to view all episodes

Episode 177: September 4, 2023

Joe Bednar talks with Joel Doolin, MiraVista’s executive vice president

At a time when behavioral-health issues, substance misuse, and family and workplace stressors are all on people’s minds, the need for responsive services is higher than ever. MiraVista Behavioral Health Center in Holyoke has been meeting those needs since 2021 with an array of inpatient psychiatric services, outpatient substance recovery programs, and community outreach to educate people about mental wellness and the resources available to achieve it. On the next BusinessTalk episode, BusinessWest Editor Joe Bednar talks with Joel Doolin, MiraVista’s executive vice president, about these services, his passion for behavioral health, and why there’s still progress to be made when it comes to talking openly about mental health and overcoming the stigma too often associated with it. It’s must listening, so tune in to BusinessTalk, a podcast presented by BusinessWest and sponsored by PeoplesBank.

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Daily News

LENOX — On Saturday and Sunday, Sept 9-10, the town of Lenox will host the 2023 Fall Art Walk. The event is a collaboration with the Lenox Chamber of Commerce, the Lenox Cultural District, and Gordon Fine Arts. The event will run Saturday from 10 a.m. to 5 p.m. and Sunday from 11 a.m. to 4 p.m.

The Art Walk is a curated show of artists and artisans who showcase their work throughout downtown Lenox. The artists’ tents will be set up along the Main Street sidewalk and into Lilac Park. A wide range of artists representing various mediums are invited to display their artwork and artisan products over the two-day event. Offerings include paintings, drawings, photographs, ceramics, fiber arts, jewelry, and clothing.

The event, which began in the fall of 2020 in an effort to introduce high-end artists to the residents and visitors of Lenox, has grown to about 50 artists with over 3,000 attendees. There will also be live music performances on Church Street booked by Berkshire Busk as well as food vendors on Main Street. This will be the seventh Art Walk.

“Our goal is to continue merging art and commerce in a beautiful setting like the Berkshires that attracts people who have a great appreciation for what is offered at our shows,” said Sue Gordon of Gordon Fine Arts.

Daily News

SPRINGFIELD — The Springfield Symphony Chorus will hold auditions for new members on three September dates at St. Peter’s Lutheran Church, 34 Jarvis Ave., Holyoke. He dates and times are Tuesday, Sept. 5 from 7 to 9 p.m.; Tuesday, Sept. 12 from 7 to 9 p.m.; and Tuesday, Sept. 19 from 8:15 to 9:30 p.m.

The coming season’s concert schedule will feature the chorus performing with the orchestra at Symphony Hall for Holiday Pops on Saturday, Dec. 9, and for a classical concert, Fantasias, on Saturday, March 9. A small group of treble voices from the chorus will also be part of the second concert of the SSO season, Heavenly!, on Saturday, Nov. 4. There will be a chorus recital on Saturday, May 11 (location to be determined).

Interested singers are asked to email their name, phone number, and email address to chorus President Claire Folini at [email protected]. Those auditioning will be asked to make sure the concerts and rehearsals will work for their schedules. Rehearsals are held every Tuesday evening at St. Peter’s Lutheran Church.

Auditioners are asked to bring a short piece with piano accompaniment to perform, preferably in one of the following languages: Latin, Spanish, Italian, German, French, or Hebrew. English solo pieces are permitted, but pieces in the suggested foreign languages are preferred. Auditioners are also asked to bring a legible piano part for chorus director Nikki Stoia, who will provide accompaniment.

“If you love singing and being part of exciting live performances, possess a basic knowledge of music notation, and would like to work with others who share your passion, consider auditioning for the Springfield Symphony Chorus,” Stoia said. “It’s a great way to meet new people and keep music in your life.”

Daily News

HOLYOKE — Interested in design work, either interior or exterior? Holyoke Community College (HCC) has two non-credit classes starting soon that might interest you.

“Residential Interior Design I” is a seven-week program that meets on Wednesday nights from Sept. 6 until Oct. 18 from 6 to 8 p.m. at the HCC Kittredge Center for Business and Workforce Development.

The class is taught by professional interior designer JoAnn Duza-Athas and explores the methods professionals use to design and decorate residential environments and how to make them special. Beginning with design theory, participants learn to follow the steps of designing a room from beginning to end, complete with field trips to illustrate ideas. Topics include color, style, materials, wall and floor coverings, window treatments, accessories, lighting, and furnishing trends.

“Dry Stone Wall Construction” is a one-day program that meets on Saturday, Sept. 9 from 9 a.m. to 4 p.m. at Stanley Park in Westfield. In this class, participants will learn techniques and secrets of creating beautiful, mortarless field stone walls and more. The class covers basic tools, styles, foundations, and stone types. Students will put their knowledge to work by tearing down and rebuilding a stone wall during class. The instructor, Westfield stonemason Kenn Kaminski, has worked throughout the U.S. and Europe on large estate projects. Stone working tools will be provided. Bring your own work gloves and safety goggles. The rain date is Saturday, Sept. 16.

The cost of the residential interior design course is $179; dry stone wall construction is $150. To register, visit hcc.edu/bce or call (413) 552-2500.

Daily News

GREENFIELD — In another step forward for Greenfield’s commitment to carbon neutrality, the Greenfield DPW office on 189 Wells St. is now equipped with a rooftop solar array, which was installed by PV Squared and donated by Greenfield resident Bill Ashley.

The new solar array allows the Greenfield DPW office to reach net-zero energy status, meaning that, on an annual basis, the solar array will generate as much electricity as the building consumes. The office was constructed in 2018 as an all-electric, solar-ready building designed to host a solar array at a later date.

Aiding the sustainable-energy movement continues to be a focus for Ashley. He previously donated a solar array to the DPW building in Warwick and has also sponsored a solar array that will be installed on the town office building in Leverett. Ashley began donating solar arrays in 2019 by collaborating with Habitat for Humanity on residential projects. “Climate disruption is the fundamental issue of our times,” he said.

Greenfield Energy and Sustainability Director Carole Collins added that “the city of Greenfield is extremely grateful to Bill Ashley for his generous gift and his commitment to assist Franklin County communities. It is a major accomplishment to have a municipal building achieve net-zero energy, which will also eliminate the annual energy bill for this building. The benefits, both on an environmental and financial level, will last decades, and we are excited to have attained this goal with Mr. Ashley’s vision and donation.”

Modern Office

A New Chapter

By John S. Gannon, Esq.

 

Last month, the National Labor Relations Board (NLRB) issued a decision altering the standard used to determine whether employer handbook policies and work rules infringe on employee rights in the workplace. The NLRB will now use an employee-friendly test that asks whether workers could reasonably interpret the policy or rule as one that restricts rights protected under the National Labor Relations Act (NLRA), such as discussing wages and working conditions, or forming unions.

Put in plain, non-legalese terms, the decision significantly increases the likelihood that one or more of your handbook policies are unlawful in the eyes of the NLRB. It also applies to all private-sector employers — including those without a union presence. Violations can lead to federal penalties, lawsuits, and more. So now is as good a time as ever to review your existing employee handbooks and work rules in order to ensure compliance.

 

Background

Over the years, the NLRB has used a medley of tests when reviewing employee-handbook provisions to determine if a violation exists. Traditionally, the test shifts from employee/union-friendly to employer/management-friendly depending on whether the majority of board members are appointed by a Democrat or Republican president.

“Put in plain, non-legalese terms, the decision significantly increases the likelihood that one or more of your handbook policies are unlawful in the eyes of the NLRB. It also applies to all private-sector employers — including those without a union presence.”

For example, in 2015, the ‘Obama board’ issued decisions and guidance suggesting that common and well-accepted work rules on topics like confidentiality and civility in the workplace (like rules prohibiting ‘picking fights’ and ‘insulting’ co-workers) were problematic. Then, in 2017, under the ‘Trump board,’ the NLRB essentially undid this by establishing an employer-friendly standard that “overruled past cases in which the board held that employers violated the NLRA by maintaining rules requiring employees to foster ‘harmonious interactions and relationships’ or to maintain basic standards of civility in the workplace.”

 

The Work-rules Saga Continues

On Aug. 2, the NLRB issued its latest decision in this long-running saga on how to evaluate whether employee handbook provisions and work rules are unlawful. In a case called Stericycle Inc., the board, which has tilted toward the left under President Biden, adopted a new test to use when workplace rules and policies are challenged on the grounds that they interfere with or restrict employees’ rights to join together and improve terms and conditions of employment. These rights are often referred to as ‘Section 7 rights,’ as they are protected by Section 7 of the National Labor Relations Act.

The Stericycle decision expressly overrules the previous standard set forth by the Trump board in 2017, and (not surprisingly) was decided on a 3-1 basis, with the lone Republican board member (Marvin Kaplan) dissenting.

In Stericycle Inc., the majority held that the prior standard established by the Republican-dominated Trump board permitted employers to adopt overly broad work rules that chill employees’ exercise of their Section 7 rights. Under the new Stericycle standard, employers can maintain workplace rules only if they are narrowly tailored to “advance legitimate and substantial business interests” and minimize the risks of interfering with workers’ Section 7 rights (i.e., the right to act together to improve the workplace).

Similar to the old test under the Obama board, employer rules and policies can (and likely will) be ruled unlawful if the NLRB believes that an employee can reasonably interpret them as restricting their Section 7 rights. These put the following types of policies at risk:

• Restricting employee use of social-media platforms and communication;

• Demanding confidentiality of investigations and other workplace discussions;

• Restricting the use of cameras or recording devices in the workplace;

• Prohibiting negative comments or limiting an employee’s right to criticize the employer’s management, products, or services;

• Promoting civility in the workplace and/or prohibiting insubordination; and

• Restricting use of company communication tools such as email, Zoom, and Teams.

Under the Stericycle decision, an employer policy or rule is presumptively unlawful if an employee could reasonably interpret it to limits Section 7 rights. For example, if an employee reads a work rule requiring confidentiality of investigations as limiting their rights to discuss work-related issues with co-workers, it will likely be viewed as presumptively unlawful. The employer can then rebut that presumption by proving that (1) the work rule advances a legitimate and substantial business interest; and (2) the employer cannot advance that interest with a more narrowly tailored rule.

The first prong of this test does not seem particularly difficult for employers to establish, as most work rules presumably are put in place to advance a business-based interest. However, succeeding on the second prong will not be as simple. How often can it be argued that the goal of a work rule could be accomplished in a narrower fashion?

Consider a rule that prohibits workers from using video devices in the workplace. The business-based justification may be as simple as “we want to protect confidential information about how we do business from competitors.” This seems legitimate, to me, at least. But, moving to the second prong, could this goal be achieved by requiring employees to sign a non-disclosure agreement, or something of the like, that prohibits sharing confidential information or trade secrets in public domains? Probably.

As such, a handbook policy penalizing employees for taking unauthorized videos at work is probably invalid under the current ‘Biden board’ test of work rules.

 

Takeaways and What’s Next

In light of the new standard set forth by the NLRB in Stericycle Inc., both union and non-union businesses should expect more challenges to their work rules on Section 7 grounds. Employers and human-resources professionals should review their employee handbooks and work rules to make sure policies comply with the new NLRB standard. Businesses are also encouraged to consult with experienced labor and employment counsel, and keep an eye out for future updates.

 

John Gannon is a partner with the Springfield-based law firm Skoler, Abbott & Presser, specializing in employment law and regularly counseling employers on compliance with state and federal laws, including family and medical leave laws, the Americans with Disabilities Act, the Fair Labor Standards Act, and the Occupational Health and Safety Act; (413) 737-4753; [email protected]

Tourism & Hospitality

Vine Tuned

Ian Modestow and Michelle Kersberger

Ian Modestow and Michelle Kersberger have orchestrated steady growth at Black Birch Vineyard since launching the Hatfield operation in 2017.

 

 

There are not many companies that can say that the pandemic was “probably the best thing that could have happened to us.”

But that’s the phrase Michelle Kersberger summoned as she talked about those unprecedented times. And this was not hyperbole.

Indeed, while the start of the pandemic was a difficult, scary time, to say the least — Kersberger would load up her car and make deliveries to wine-club members just to bring in some much-needed revenue — by late in that summer of 2020, COVID-19 had played a major role in putting the hidden gem that was Black Birch Vineyard on the proverbial map.

“By the time August came around, we had to stop people from coming in,” she said, adding that the winery moved all its operations outdoors, and area residents starved for things to do found several at Black Birch.

“The pandemic was pandemonium. It was crazy here … people were coming from everywhere,” said Ian Modestow, Kersberger’s husband and business partner in this venture, recalling that there were COVID-related restrictions on how many people could be seated outdoors at the winery at any given time, and on more than a few occasions, he had to park his tractor at the top of the long driveway off Straits Road in Hatfield to keep more vehicles from venturing down that gravel path.

“We worked our butts off, our staff worked their butts off … we had too many people coming in, and we had to turn some away.”

Looking back on those days, Ian and Michelle said they were essentially rolling with the punches and making the very best of the opportunities that presented themselves, an MO that has defined Black Birch since they settled into this former onion farm in 2017 after selling off their share of a similar venture in Southampton.

Those opportunities range from the staging of concerts during the summer months — a tradition born from COVID, in many respects — to hosting a wide variety of events in the tasting room, to selling wool and meat generated from the 40 or so sheep that now populate this beautiful real estate.

Things have settled down a little from those crazy days of the pandemic, but business remains steady at Black Birch, and, increasingly, it is now year-round, as we’ll see.

The main businesses are growing grapes and making wine, and Black Birch now produces several different labels, from its Epic White, made from Vidal Blanc grapes, to Eloquent Red, a blend of Cabernet Franc, Blaufrankisch, and Marquette. They come in two distinct labels, white for the ‘heritage’ wines made with grapes purchased from outside growers, and black for the estate wines made with grapes grown on site in Hatfield.

This theme of rolling with the punches continues in 2023, a difficult year due to different types of extreme weather — first a killing frost that destroyed 80% of the grapes planted in May, and then incessant summer rains that will certainly impact the 20% that survived, said Modestow, noting that grapes like it dry and hot, and there simply hasn’t been a lot of that lately.

Fortunately, 2021 and 2022 were boom years for this venture, Kersberger said, adding that they have provided a cushion of sorts from the problems of this spring and summer, although the damage done by Mother Nature will certainly take a toll.

Black Birch now offers a wide array of wines

Black Birch now offers a wide array of wines featuring both its ‘heritage’ and ‘estate’ labels.

Overall, the business plan calls for moving toward producing all wines with grapes produced on site, said Modestow, adding that they’re roughly halfway to that goal, while also growing each of the various operations within this venture, from the events to the sheep’s wool.

For this issue and its focus on wineries and breweries, BusinessWest paid a visit to Black Birch to learn about how a hobby turned into a business … and a passion.

 

Grape Expectations

As they talked about their venture, Modestow and Kersberger were joined first by sibling cats Chardonnay, or ‘Chard’ for short, and Pinot, and later by Burmese mountain dogs Yogi and Simka, who have become part of the team, if you will, at Black Birch, a vision that first started coming into focus when the two business owners met while attending UMass Amherst in the mid-’90s.

Later, during their college journey, they traveled to the Netherlands to visit some of Kersberger’s family and took a side trip to the Loire Valley in France, famous for its wine production.

“We have a lot of repeat customers, and those customers bring new customers, and it grows from there; there’s a lot of word-of-mouth advertising.”

“Being poor college students, we had to camp, and we would camp at farms, and many of them were vineyards — mom-and-pop operations,” she explained. “It sparked our interest, and any time we traveled after that, we always made sure we visited any vineyards or wineries in the region, and our love of the culture grew from there. Everything about wine and winemaking and the community and the social aspect of it … it was always a draw for us.”

Modestow concurred. “When we traveled, we went to wine-growing areas — Burgundy, Champagne, California, Washington, Spain, even Canada and Texas.”

This interest, and burgeoning passion for wine and making wine, stayed with them as they lived in Amsterdam for a year while Ian attended school there for archaeology, and later, as they started their professional careers, with Modestow launching a dental practice in Northampton and Kersberger essentially managing that practice.

In 2011, this interest in wine started morphing into a business, with Modestow and Kersberger partnering with Mary and Ed Hamel in a venture that would become Black Birch Vineyard in Southampton. In the spring of 2017, they would take that name and their experience, equipment, and burgeoning entrepreneurial spirit to a former onion farm in Hatfield and put down some roots — figuratively, but also quite literally.

Indeed, they would move twice in two months, first to a storage facility and then to the farm in Hatfield, and eventually plant more than 12 acres with roughly 19,000 vines of several different cool-climate varietals, from Chardonnay to Riesling; Pinot Noir to Trominette. They also opened a tasting room (a transformed former onion barn) and launched a wine club.

Black Birch Vineyard

Black Birch Vineyard

Over time, Modestow would ease out of his dental practice — he is now all but officially retired from that profession — and he and Kersberger would make wine and winemaking a full-time pursuit.

They were gradually gaining some traction, and a following, for their wines, when the pandemic put them on a faster, more vibrant track. As noted earlier, it didn’t happen overnight; the first few months of the pandemic were quite scary indeed as both Black Birch and the dental practice shut down, leaving no revenue coming in.

But as area residents starting looking for things they could do, the Black Birch team saw opportunities as they moved many functions outside and kicked off their summer music series with artists who were looking for, and desperate for, places to play their music.

“We were able to open up, pivot what we were doing, and make everything work,” Kersberger recalled. “We worked our butts off, our staff worked their butts off … we had too many people coming in, and we had to turn some away.”

Those who did manage to get down that long driveway apparently enjoyed their experience, she went on, noting that there have been large numbers of repeat customers coming to Black Birch, enough to make 2021 and 2022 “banner years” for the operation.

“People have been coming back,” she said. “Maybe not as often, but they’re coming back; we really got our name out there.”

Indeed, Black Birch has settled into a groove, if you will, with its recently concluded summer concert series routinely drawing more than 200 visitors; the tasting room seeing business year-round; the facility hosting a wide array of events, from birthday parties to wedding-rehearsal parties; and the sheep generating various forms of business while also grazing the spaces between the rows of vines and providing fertilizer for the vineyard.

And what used to a two- or three-season business is now a year-round venture.

“Things have changed over the past two or three years,” Modestow said. “We’ve gone from winters being dead to winters actually being quite steady.”

Kersberger agreed, noting that the vineyard and winery now draw visitors from up and down the I-91 corridor and beyond, including Connecticut, Vermont, New York, and all across Western Mass., while also welcoming students from UMass and the other Five Colleges institutions — who are more into wine those of a generation or two ago — as well as their parents and friends.

“A huge portion of our customers are from this area,” Kersberger said. “We have a lot of repeat customers, and those customers bring new customers, and it grows from there; there’s a lot of word-of-mouth advertising.”

 

Bottom Line

Getting back to the business plan and the broad goal of producing only wines with those black ‘estate’ labels, Modestow said the extreme weather of 2023 has certainly set those plans back.

On one fateful night in May, the temperature dropped to 25 degrees, killing 80% of the crop at Black Birch.

The full impact of this setback won’t be known for some time, he said, but given the growing demand for Black Birch wines, the damages will certainly increase both dependence on grapes grown elsewhere and reliance on what remains in inventory from previous years.

Meanwhile, after those banner years of 2021 and 2022, when growth was “off the charts,” Kersberger said, projections are for steady, if not as spectacular, growth moving forward.

In short, those at Black Birch will do more rolling with the punches — and the weather.

That has been standard operating procedure since the first vines were planted back in May 2017, and this mindset has enabled a business — and a passion — to take root and bear fruit, both literally and figuratively.

Law

Questions of Accommodation

By Trevor Brice, Esq.

 

As we move out of the COVID-19 era, employees are struggling more frequently with drug and alcohol addiction. As such, it is important for employers to know that alcoholism and drug addiction can qualify as disabilities under federal and Massachusetts anti-discrimination laws.

If an employee suffers from alcoholism or drug addiction, the employer could be exposed to liability for discriminating against that employee or failing to grant the employee a reasonable accommodation for the employee’s alcoholism or drug addiction. However, alcoholism and drug addiction do not qualify as disabilities in all circumstances.

 

Alcoholism and Drug Addiction as Disabilities

Despite the possibility that alcoholism or drug addiction can qualify as legal disabilities, employers do not have to tolerate employees who are drunk or under the influence on the job. As such, employees cannot excuse being under the influence at work by claiming that they suffer from alcoholism or drug addiction.

Furthermore, employees cannot request to be drunk or under the influence at work as a reasonable accommodation for alcoholism or drug addiction. In these circumstances, the employee would not be a ‘qualified’ alcoholic or drug addict that would meet the definition of disability under the ADA. Consequently, the ADA does not cover those who are currently engaging in use of illegal drugs or alcohol.

In addition, an employee who is an alcoholic or drug addict can lose their qualification as a disabled individual due to low performance, as the ADA specifically provides that an employer can hold a drug-addicted or alcoholic employee to the same standards and behaviors as other employees. However, a high-performing alcoholic or drug-addicted employee can be qualified under the ADA if the employee is no longer engaging in illegal drug use or alcohol.

 

Reasonable Accommodations Under the ADA

Reasonable accommodations for employees who are recovering alcoholics or drug addicts can include seeking time off for inpatient treatment; time off to undergo outpatient treatment, including methadone clinics; or being excused from work events that involve alcohol. However, qualified alcoholics and drug addicts do not necessarily need to be granted accommodation every time they ask.

For example, if a drug-addicted employee requests a reasonable accommodation in response to discipline for unacceptable performance or conduct, the employer does not have to grant that accommodation if the low performance is attributable to the current use of drugs.

However, if the low performance is due to alcohol, and the employee specifically notes this in her accommodation request, it is the employer’s responsibility to engage in an interactive dialogue to determine whether or not the requested accommodation is reasonable. Absent undue hardship, the employee may have to grant the employee’s reasonable-accommodation request, such as a modified work schedule to enter treatment or to attend an ongoing self-help program.

However, another wrinkle presents itself when the reasonable accommodation is in response to a court order for an alcohol- or drug-related offense. As a recent court case (Mueck v. La Grange Acquisitions, L.P.) notes, employers do not have to grant a requested accommodation of leave in relation to a court-order DUI for a recovering alcoholic.

Further, the employer can offer the employee a “firm choice” or “last-chance agreement,” in which the employee can be terminated for future poor performance or misconduct resulting from drug or alcohol addiction. The agreement will normally state that the employee’s continued employment is conditioned on the employee’s agreement to receive substance-abuse treatment and refrain from further use of alcohol or drugs.

 

Conclusion

When an employer is determining whether an accommodation for disabled employees is reasonable, it is a difficult task in and of itself. When the question becomes whether the employee is actually disabled due to current or past alcohol or illegal drug use, the question for the employer becomes even harder. If an employee is seeking a questionable accommodation request for alcoholism or drug addiction, it is prudent to seek out representation from employment counsel.

 

Trevor Brice is an attorney who specializes in labor and employment law matters at the Royal Law Firm LLP, a woman-owned, women-managed corporate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.

Law

A Critical Consideration

 

By Amanda R. Carpe, Esq.

 

Planning for the future is an essential part of life, and one of the most critical aspects of this process is estate planning. Having a comprehensive estate plan ensures that your assets are distributed according to your wishes and minimizes confusion and conflicts among your loved ones after you’re gone.

While drafting a healthcare proxy, power of attorney, and will, along with creating trusts, are crucial steps, many people overlook another vital aspect: updating beneficiary designations.

 

Avoid Unintended Consequences

Beneficiary designations supersede the instructions laid out in a will or trust. If you’ve named specific beneficiaries on your retirement accounts, life-insurance policies, or other financial accounts and have not reviewed or updated them in a while, it’s possible that they no longer reflect your current wishes.

Outdated designations may lead to unintended consequences, such as leaving assets to an ex-spouse, a deceased individual, or someone with whom you no longer have a close relationship. You may also unintentionally exclude one or more children if the account was established prior to the birth of all your children and has not been updated.

 

Ensure Smooth Asset Distribution

Your estate plan is designed to provide a clear roadmap for the distribution of your assets. By keeping your beneficiary designations current, you ensure that your assets will be transferred efficiently to your chosen beneficiaries and the distributions align with the rest of your estate plan. This process can help your loved ones avoid delays, legal complexities, and potential disputes, ensuring that your hard-earned assets are put to good use without unnecessary hindrances.

 

 

Accommodate Changes in Life Circumstances

Life is ever-changing, and so are your circumstances. Major life events like marriage, divorce, the birth of children, or the passing of a loved one can significantly impact your estate plan and beneficiary designations. By regularly reviewing and updating your beneficiaries, you can adapt to these life changes and guarantee that your financial arrangements align with your current family dynamics and relationships.

 

Maximize Tax Efficiency

Ineffective beneficiary designations can have tax implications. For instance, certain retirement accounts may offer different tax benefits based on the age of the beneficiary. By updating beneficiaries strategically, you can maximize tax efficiency, potentially allowing your beneficiaries to benefit from tax-deferred growth or minimizing their tax burden upon inheriting your assets.

 

Preserve Privacy

Unlike a will, which becomes part of the public record after probate, beneficiary designations typically bypass this process and remain private. By keeping your beneficiary designations updated and accurate, you help maintain the privacy of your beneficiaries and the details of their inheritances.

 

 

Avoid Intestate Distribution

Failing to designate beneficiaries or keeping them outdated can lead to the assets falling into intestacy. In such cases, the Commonwealth’s laws will determine how your assets are distributed, which may not align with your wishes. By actively managing your beneficiary designations, you retain control over who receives your assets, ensuring your legacy is preserved according to your desires.

 

Bottom Line

Estate planning is a responsible and thoughtful way to ensure your loved ones are taken care of after you’re gone. To make your estate plan truly effective, it’s crucial to regularly review and update your beneficiary designations. By doing so, you’ll not only prevent unintended consequences, but also provide your loved ones with a smoother process for asset distribution and avoid unnecessary complications.

Stay proactive, meet with an experienced estate-planning attorney to develop a cohesive estate plan, and keep your beneficiary designations in line with your current wishes — your loved ones will undoubtedly thank you for it.

 

Amanda Carpe is an associate attorney with Bacon Wilson, where she specializes in estate planning, elder law, and estate/probate administration.

Business of Aging

Innovative Treatment

 

Parkinson’s disease is a brain disorder that causes unintended or uncontrollable movements, such as shaking, stiffness, and difficulty with balance and coordination. Symptoms usually begin gradually and worsen over time. As the disease progresses, people may have difficulty walking and talking. They may also have mental and behavioral changes, sleep problems, depression, memory difficulties, and fatigue.

Patients diagnosed with Parkinson’s disease and experiencing interference with their day-to-day movements may greatly benefit from Lee Silverman Voice Therapy – Big, also known as LSVT–Big, said Amanda Martins, a physical therapist at Baystate Wing Hospital. LSVT–Big is a nationally recognized rehabilitation-therapy program that has helped people with Parkinson’s disease improve upon the disease’s impact on their walking, balance, and other activities of daily living, such as writing and dressing.

“People living with Parkinson’s disease or other neurological conditions often move differently, with gestures and actions that become smaller and slower,” Martins said, noting that patients facing neurological illnesses have always been an area of interest for her and the physical therapy team at the hospital.

LSVT has two branches: ‘big’ and ‘loud.’ The treatment protocol is designed for individuals with Parkinson’s disease and other neurological conditions.

“It is designed to involve large and exaggerated movement patterns to move better, increase confidence, and improve safety.”

“Because LSVT–Big treatment is customized to each person’s specific needs and goals, it can help regardless of the stage or severity of your condition,” Martins said. “The treatment is unique and customized to each patient’s goals, targeting gross and fine motor skills.”

These skills include walking, balance, and other activities of daily living, such as writing, getting dressed, and other job-related tasks, she added.

Although the LSVT–Big program was designed for individuals with Parkinson’s disease, it has been shown to be beneficial in the rehabilitation of individuals with other neuromuscular disorders, such as stroke, normal-pressure hydrocephalus, brain injury, and multiple sclerosis.

“The program consists of 16 sessions, four days a week for four weeks, and our patients are given daily homework and carry-over homework,” Martins explained. “It is designed to involve large and exaggerated movement patterns to move better, increase confidence, and improve safety.”

Martins received a bachelor’s degree in exercise science from Westfield State University and earned her doctorate in physical therapy from American International College in Springfield. She sees an array of patients of all ages and abilities, and expresses a passion for sports and stroke rehabilitation, as well as amputee and prosthetic rehabilitation. A former soccer player, she understands the physical, emotional, and rehabilitative aspects of getting the patient back to the highest quality of life — and an athlete back in the game or on the field.

“I have worked with patients who have had strokes, spinal-cord injuries, multiple sclerosis, and Parkinson’s. I have personally found working with this population to be gratifying. It wasn’t until I had the opportunity to shadow the LSVT program and saw its positive results that I decided to take it upon myself to get certified in this special treatment.”

Daily News

SPRINGFIELD — American International College (AIC) announced that Michael Dodge has been named executive vice president for Academic Affairs. He has been serving in this role on an interim basis since March 2022.

In this position, Dodge serves as AIC’s chief academic officer and is responsible for the academic operations of the college, including strategic planning for, and day-to-day operations of, the schools of Business, Arts & Sciences; Education; and Health Sciences. He represents the Office of Academic Affairs to internal and external constituencies and is responsible for developing and overseeing comprehensive and integrative structures and processes to support teaching and learning, student success, retention, and graduation.

In addition, he oversees the institution’s accreditation and academic-assessment processes and supports the development of meaningful and measurable institution, program, and course student-learning outcomes. In this role, he has worked in tandem with deans, program directors, and faculty in developing new program proposals, consistent with the goals of “AIC Reimagined,” the college’s strategic plan. In addition, he supports partnerships with academic institutions, community colleges, and high schools, and has been directly involved with articulation agreements between AIC and Springfield Technical Community College and Holyoke Community College.

“I am truly honored and excited to take on the permanent role of executive vice president for Academic Affairs at American International College,” Dodge said. “The college’s mission of fostering academic excellence, cultivating a vibrant learning community, and preparing students for success aligns perfectly with my passion and vision. I look forward to continuing our journey toward educational innovation, empowering students, and making a lasting impact on their lives. Together, we will elevate the standards of excellence and forge ahead in shaping a brighter future for all those who are a part of the AIC family.”

Upon his arrival in 2018, Dodge served as dean of Student Success and Opportunity. As dean, he had oversight of the tutoring and advising programs on campus and the James J. Shea Sr. Memorial Library, and was instrumental in the development and success of the AIC’s Plan for Excellence (APEX) program for students, serving as its director. He additionally served as the principal investigator for the U.S. Department of Education Title III Grant program. He was promoted to associate vice president for Academic Affairs in January 2022.

Before joining AIC, Dodge worked for more than a decade at UMass Amherst in a variety of teaching and administrative roles. He earned his doctorate in educational policy, leadership, and administration at UMass Amherst after earning his master’s degree in student affairs from Indiana University of Pennsylvania and his bachelor’s degree in secondary education and English from the State University of New York Oswego.

“I have observed in Dr. Dodge an unwavering commitment to the college’s mission,” AIC President Hubert Benitez said. “He has fostered collaboration and has shown an appreciation for working collectively with his academic peers to fulfill the college’s vision. Most importantly, Dr. Dodge understands that there is much more work to be done at AIC, and he is looking forward to working with colleagues and units of the college in areas related to assessment, accreditation, academic quality and integrity, and academic innovation, all in an environment of stability and inclusivity for faculty and students.”

Daily News

NORTHAMPTON — Northampton Dollars for Scholars announced the appointment of three community members to its board of directors.

Anna Zadworny is assistant vice president and Employee Development manager for Greenfield Savings Bank. She has an associate degree in business management from Holyoke Community College and completed Babson College Financial Studies.

Valerie Harlow is a learning advisor and facilitator for the Employers Assoc. of the NorthEast. She holds a bachelor’s degree in political science from Westfield State University and a master’s degree in training and development from Lesley University.

Patricia Mahar works as an area manager in Dining Services at Smith College. She is a graduate of the University of Saint Joseph.

Since its founding in 1974, Northampton Dollars for Scholars has awarded more than $1.4 million in scholarships to Northampton High School and Smith Vocational High School graduates. At this year’s annual awards ceremony at Northampton High School, 140 students received Dollars for Scholars scholarships, all from funds donated by local individuals, families, and businesses.

Daily News

HOLYOKE — Chef Nadim Kashouh, owner of Nadim’s Downtown Mediterranean Grill in Springfield, will be sharing more kitchen secrets during a series of fall classes at the HCC MGM Culinary Arts Institute.

Kashouh taught his first-ever classes at HCC this summer and will return four times this fall: Sept. 28, Oct. 19, Nov. 16, and Dec. 14. All the classes will be held on Thursdays from 6 to 9 p.m. at the HCC MGM Culinary Arts Institute, 164 Race St., Holyoke.

In each standalone class, participants will learn to cook — and are encouraged to consume — a different five-course meal from the menu of Kashouh’s restaurant.

“Each night’s meal will be different,” he said. “We bring in staples like the hummus and baba ghanoush and stews that pair very well with rice. It’s five courses. We do an appetizer, a salad, a meat, a starch, and a dessert.” He will also be sharing some of his favorite wines imported from his native Lebanon.

“I promise it will be tons of fun,” Kashouh said. “It’s a very interactive class. It’s hands-on, if you want it to be. If you don’t, it will still be three hours full of tasting, laughing, and enjoying what I’m putting together for them.”

The cost is $189 per session. Beer and wine is included in the cost. Seats are limited. To register, or for more information about each session’s offerings, visit hcc.edu/cookingfa23.

Daily News

SPRINGFIELDBusinessWest, the business journal of Western Massachusetts, is accepting nominations for the sixth annual Women of Impact awards — but only through Tuesday, Sept. 5.

In 2018, BusinessWest created the Women of Impact program as a way to honor women in the region who are making an impact and creating positive change.

Women of Impact was chosen as the name for the program because, while nominees can hail from the world of business, they can also emerge from other realms, such as the nonprofit community, public service, law enforcement, education, social work, the mentorship community, a combination of these — in short, we’re recognizing inspirational women on any level.

Nominations for the class of 2023 are due on Sept. 5 at 5 p.m., and the honorees will be announced in the Oct. 16 issue of BusinessWest.

Nominations should be written with one basic underlying mission: to explain why the individual in question is, indeed, a woman of impact. Visit businesswest.com/women-of-impact-nominations for addional information and a nomination form.

For more information, call Melissa Hallock, Marketing and Events director, at (413) 781-8600, ext. 100, or email [email protected].