| 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. NORTHAMPTON DISTRICT COURT Industrial Residential Security Co. v. Quality Care Nurse Staffing Agency v. SPRINGFIELD DISTRICT COURT Anixter Inc. v. The Street Lumber Co. v. J.R. Kakley & Sons Inc. v. Custom Packaging Inc. v. Old Dominion Freight Line v. Granite Creations Inc. v. |
Departments
| The following Business Certificates and Trade Names were issued or renewed during the month of February 2006. |
| AGAWAM Auto Sport Distributors Belmorie Consulting China Star James Hansmann Santo C. DeSpirt AMHERST Baystate Tax Service George Parks Drum Major Academy Strongbridge Associates LLC CHICOPEE The Grattan St. Grind Jenco Property Maintenance Services EAST LONGMEADOW Dances with Stoves The Energy Store HADLEY Fancy Nails HOLYOKE J.B. Renovations Liberty Tax Service LIDS LONGMEADOW Family Wireless Lexington Development LLC TLS Systems NORTHAMPTON Leeper Business Services Pioneer Valley Dietetics SOUTH HADLEY The Global Group Transformational Healing SPRINGFIELD Bronto and Amrah’s Inc. Cumberland Farms #6717 Diyha Animation Production Studios East Coast Swappers El Fogan Market HIBA Food Mart His Praise Worship Sound Jem Offices Kevin Conway Auto Sales Lillian’s Mini Mart Netwerks 31 Brunswick St. O-Mi Oriental Grocery Pick Quick Paper Ronald R. DeSellier Electric Santiago’s Tree & Landscaping Service Stepping Stones Daycare Torrel Jr. LLC Wayne’s Delivery Service X-Diman/Export WEST SPRINGFIELD Bel-Air Inn Complete Pest Control Service Electrology Associates Fred Astaire Dance Studio Hoodtech Inc. L.A. Nails Maaco Auto Painting & Bodyworks O’Donnell Landscaping Phycho Hobb’s Entertainment WestSide Customs/Cap and Hitch of New England WESTFIELD Carlson Carpentry Frost Notification Solutions In & Out PC Westfield Cleaners |
| The following business incorporations were recorded in Hampden and Hampshire counties, and are the latest available. They are listed by community. | |
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Chase, Clarke, Stewart & Fontana Insurance Agency Inc. in Springfield announced that Paul P. Petell II, formerly of the Paul Petell & Teece Insurance Agencies Inc., has joined its staff. ••••• Benefits Consulting Group, LLC in Holyoke announced the following: ••••• James A. Russell, Chief Executive of American Exterminating Co. of Springfield, will receive the Barlett W. Eldridge Award from the New England Pest Management Association. Russell’s grandfather, Abraham Russell, started the company in 1913. His father, Mathew Russell, also operated the business and now his son, Robert Russell, is active in the daily operations. ••••• Sue Rheaume of Landmark Realtors in Hampden has earned the designation of Graduate Realtor Institute by the Massachusetts Association of Realtors. ••••• Matthew B. Hedenberg has been named Informational Technology Manager for OFS in Sturbridge. •••••
Maryanne Rooney recently has been named Vice President for Institutional Advancement at Elms College in Chicopee. An Elms graduate, Rooney had been working at St. Mary’s High School in Lynn as Director of Development and Alumni Relations. ••••• Byron S. Bullock has been named Associate Vice Chancellor for Student Affairs and Campus Life at UMass Amherst. Bullock, who is currently Dean of Enrollment Services at St. Augustine’s College in Raleigh, N.C., will assume his new post on April 2. He will oversee the new Center for Student Development (CSD), which coordinates programs and services aimed at promoting community and multiculturalism across campus. The CSD works closely with academic affairs units to develop students’ social, scholarly and leadership skills and improve student retention and success. ••••• Glenn O. Steiger, a California utility executive with more than 35 years of experience in all facets of the electric power industry, has been named General Manager of the Mass. Municipal Wholesale Electric Company (MMWEC) in Ludlow. The MMWEC is a nonprofit, joint-action agency for public power in the state. Steiger will be responsible for the daily operations of the MMWEC, including management of administrative and plant operations in Ludlow, implementation of board policies, and interaction with the organization’s member and project participant utilities. ••••• David J. Cameron, PWS, Senior Environmental Scientist, of Tighe & Bond Inc. in Westfield, recently became the company’s first Certified Wildlife Biologist (CWB). The CWB designation is granted by the Wildlife Society, a nonprofit scientific and educational organization representing wildlife professionals in conservation and resource management. Cameron has 13 years of wetlands, waterways, and rare species regulatory experience, and provides project review services for many of the town conservation commissions in Massachusetts. •••••
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R. Patricia Grenier, CFP, CSA with BRP/Grenier Financial Services of Springfield, has achieved the designation of Certified Financial Planner (CFP). The designation is awarded by the CFP Board of Standards Inc. to individuals who meet educational, examination, experience, and ethics requirements. ••••• Girl Scouts of Pioneer Valley recently announced the winners of the 2006 Women of Distinction award as follows: ••••• Linda S. Rotti, a Real Estate Sales Manager at Jones-Town & Country Realty in Amherst, has been named President of the Realtor Association of Pioneer Valley for a one-year term. Rotti will be responsible for implementing the Association’s new strategic plan with includes an emphasis on education and government affairs. ••••• Wallace W. Altes has been appointed to the Board of Directors of Berkshire Hills Bancorp Inc., the holding company for Berkshire Bank. He becomes the first Albany (N.Y.) Capital Region resident to serve as a Director of the Pittsfield-based financial institution. He is currently Executive-in-Residence at the Graduate College of Union University in Schenectady, N.Y. ••••• Sales Agent Joyce L. Korona has joined Carlson GMAC Real Estate in its Westfield office. ••••• St. Germain Investment Management announced the following: ••••• Berkshire Bank in Pittsfield announced the following: ••••• Srisubha Gadey has joined the accounting firm of Kostin, Ruffkess, Themistos & Dane LLC in Springfield. ••••• Fuss & O’Neill’s West Springfield office announced these promotions: ••••• Big Y Foods Inc. in Springfield announced the following: |
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Ten years ago, the Pioneer Valley Performing Arts Charter Public School was still very much a dream for its founders. But now, its student body, as well as its reputation for excellence and creativity, is growing. The school, in a new home in South Hadley, is embarking on a capital campaign designed to make the PVPA’s next act as exciting as the first.
Upon an initial walk-though, the Pioneer Valley Performing Arts School looks much like any other high school. Students are hunched over books in classrooms and study halls, listening to iPods in the halls or pausing at the vending machines to talk to their friends.
Soon, though, subtle differences are noticeable. A Spanish class is held in a new theater, adjacent to the stage. A math class is one room over from a course in costume design, where the beginnings of Technicolor creations are fed into sewing machines.
A student on her way to class suddenly, randomly twirls, books in hand – a dancer’s spin to pass the time, or maybe some extra practice for an upcoming quiz.
From his new office on the first floor, Bob Brick, the school’s administrative director, observes all of this with a look of satisfaction. Only one semester into its 10th year and celebrating a new home in South Hadley, where the school recently relocated from Hadley, PVPA, a public charter school, has grown incrementally from its beginnings in 1996.
“Many people still don’t know we exist,” he said.
But the school is the culmination of a long-held dream for Brick. And the combination of PVPA’s move to South Hadley, the occasion of the school’s 10th anniversary, and its consistent success academically is beginning to move the school to center stage in Western Mass., and that’s a move that Brick hopes will help underscore PVPA’s unique mission.
Act One
Brick has been involved since PVPA was just a kernel of an idea – he founded the school along with educational director Ljuba Marsh. Previously, both had long careers in human services, but also in educational innovation – a fact they realized after knowing each other for years.
Brick was a founding member of the Project Ten experimental college at UMass Amherst in 1968, an attempt at revolutionizing the college experience. Similarly, Marsh has been involved with educational reform for more than 40 years, working with a number of institutions with a focus on academic and artistic integration.
“It had always been my dream to found a school that valued the performing arts, and it turned out it had always been a dream of Ljuba’s as well,” Brick said. “We never knew that about each other. But once we did, the process began to move very quickly.”
Coinciding with the Mass. Educational Reform movement, that process began with a call to the State Department of Education, initial approval, and that first class of freshmen in 1996, which included Brick’s daughter, now enrolled in medical school.
The PVPA now boasts a student body of about 400 in both middle school and high school, 40 full-time faculty members, and an additional 60 or so part-time faculty members and administrative staff. And Brick said he doesn’t want to see the school’s enrollment numbers grow too much more – that would affect the personal attention and small classes that are central to the school’s mission. But this year, the school received applications from more than four times the students it can accommodate – 300, with only 70 open slots available.
No auditions are necessary for admittance to the school – students are accepted based on a lottery system — but Brick says the large number of applications adds to the credibility of PVPA, and further bunks any notion that performing arts-based schools are heavy on creativity, but soft on academics.
In actuality, PVPA’s curriculum is one of the most stringent in the state, requiring students to attend classes for eight hours a day. Five of those hours are reserved for traditional, academic courses, and the remainder of the day is devoted to a variety of courses in performing arts, ranging from dance, theatre, and music to costume or set design.
“Everyone has to do eight credit hours per semester, four years of language, three years of lab sciences, and three consecutive years of a foreign language,” Brick explained. “In addition to performing arts requirements in their chosen concentration, students must also complete an internship and hours of community service. That’s not to mention the commute many of our students have.”
High school and middle school students from across the state are welcome to apply to PVPA, although Brick said special priority is given to those living in Hampden, Hampshire, and Franklin counties. Still, even across Western Mass., the school’s reach is extensive – the current student body hails from 60 cities and towns from east of Worcester to the Berkshires. Many commute to school an hour each way.
“They want to be here,” Brick said. “They’re a happy group of students, and many are in the beginnings of very strong careers in the performing arts.”
And the academic model at PVPA, which puts emphasis on creative, critical thinking is working, he noted.
“We value the individual needs of every student,” said Brick, “both academically and creatively. We work toward goals with the understanding that without the arts, most people aren’t complete … and our kids get into great colleges, and study both the performing arts as well as more traditional subjects. Our MCAS scores are some of the highest in the state.
“High school can be a very negative experience for people who are different,” he continued, shifting his focus from the academic success of the PVPA to the social aspects of high school life. “At some public schools, for instance, male dancers get shoved in lockers. Here, they’re gods. And everyone has something that makes them special, and that is appreciated.”
Set Design
Over the past decade, the school has existed at varying levels in terms of both its physical and academic presence in Western Mass. Brick explained that the school once offered only the ninth grade, sending students to different public or private schools for the remainder of their education. PVPA soon expanded, however, to include a full four-year curriculum in 2000 (the seventh and eighth grades were added in 2004) and to hold classes within several historic buildings on Route 9 in Hadley.
But Brick said the school was quickly outgrowing its facilities, and plans have been in motion for some time to relocate the school to a larger, more-consolidated location.
“Students had to walk 15 minutes sometimes to get to classes,” he explained of PVPA’s former digs. “They were rushing from building to building, crossing Route 9 … it could be awful, especially in the winter.”
Brick said the PVPA actually made five different attempts to relocate, conducting feasibility studies at three potential sites and actually purchasing 20 acres of land in Hadley with the hope of developing it at a later date – that land is still owned by PVPA, and Brick said the school is now planning to sell it.
None of the first four locations were suitable for a school, but a fifth option in South Hadley, situated on a hill on Mulligan Drive adjacent to the Ledges Golf Club, proved to be more promising. The property in which the school now operates had been vacant for years, having once served as a research and development facility for a chemical engineering firm, Intelicoat Technologies (formerly Rexham Graphics).
“It had been sitting around for five years, empty,” said Brick. “I don’t know exactly why … I can only surmise that the building hadn’t been right for a new business because it’s quirky – it’s only suited for certain uses, it’s big, and it’s sort of hidden up here.
“But for a charter school with students from all over the region, it’s perfect,” he added. “We’re four miles from I-91, there’s plenty of space that can be converted for specialty uses, parking, and plenty of land surrounding us. We saw very early on that this could work.”
The building and the land it occupies were purchased from Joe Marois, president of Marois Construction, in 2005. After examining the building and its potential for housing a performing arts school, Brick said PVPA soon began the process of purchasing the site from Marois and hiring his firm to renovate it – a $4.5 million endeavor.
“We used funds from some long-term fundraising we had been involved with, and a tax-exempt loan from MassDevelopment,” said Brick, adding that the renovation of the building was extensive. “In the end, we renovated about 98% of this building – we gutted it, added a third floor, installed new electric and plumbing systems, and an elevator.”
In actuality, the school’s new home encompasses less area than the former location in Hadley – about 50,000 square feet. But Brick said the space is better suited for academic use, and the students are, for the first time, under one roof.
“There is much more usable space,” he said. “We have three dance studios with sprung floors, a theatre, two sound studios, insulated rooms for music classes, a set design and costume shop, and a chemistry lab, all brand new and all in one building. It’s a huge improvement.”
And Brick said they’re not done, either. The school is currently in the middle of a capital campaign, raising money for a new, 450-seat theater at the school. Brick said he hopes to break ground on the project within the next two years, with the help of continued support from area organizations, businesses, and individuals.
He said the school has benefited from the financial help of what he terms “a few angels,” but added that there is still a need to increase the school’s visibility within the region’s business community, in order to continue to develop both the school itself and its unique curriculum.
He explained that the PVPA model is so different from most, it can cause some confusion – many people don’t realize that the school is a six-year, academic middle and high school that is open to any student with an interest in the performing arts. Fewer realize that the school has an exceedingly young alumni base that is, for the most part, still unprepared to give back substantially to their alma mater, unlike more-established specialty schools, public or private. After only 10 years in existence and only six including graduating classes, most PVPA alumni are still in college or starting their first jobs.
It has become part of Brick’s general duties to market the school as well as its needs, speaking to professional organizations such as rotary clubs regularly.
“It’s one of the most difficult needs we have to translate – that of the need for private support, even though we are a public school,” said Brick. “It’s similar to the challenges that all public schools face – yes, we receive support from the government. But it doesn’t cover everything, especially with the extended curriculum. We can use that support.”
Fame Seekers…
As the bell rings at PVPA and students begin to filter into the halls, Brick pauses to listen to the voices in the hall.
There’s the usual chatter, but it’s punctuated by bits of song, excited gossip about upcoming auditions, and the swinging whoosh of the theater door … little bursts of creativity, further cementing Brick’s dream in reality.
Jaclyn Stevenson can be reached at[email protected]
| Business Confidence Continued to Erode in January Five-Year Watershed Action Plan Underway Mass. Hospitals Voluntarily Post Staffing Plans Survey: Most Downsized Execs Anticipated News Ashe: Housing Market Will Remain Strong in 2006 |
| United Bank Reports Growth in Earnings Berkshire Bank Reports Core EPS Growth Easthampton Savings Posts Strong Fourth Quarter Wingate Introduces Pavilion Suites Thales Joins RTC As Corporate Sponsor Monson Savings Introduces e-Statements ReStore Offers Solution to Wood Disposal Ban AIC Dedicates Registrar’s Office To Local Woman “Star Wars” Toys Propels Hasbro Profits Rifle Is Latest Smith & Wesson Product Westbank Earnings Up Aucella & Associates Garners Award WGGB-TV Channel 40 Features High Definition |
| The following bankruptcy petitions were recently filed in U.S. Bankruptcy Court. Readers should confirm all information with the court. | |
| Blair, Cristie A. Emond, John D. Hatcher, Robert Major Macurkiewicz, Shawn E. Moody, Nelson MC
| Morris, Lisa M. Morris, Patricia A. Murphy, Christopher A. Thiphavong, Kalinthone Zych, Richard S. |
| The following building permits were issued during the month of January 2006. | |
| AMHEREST Amherst Shopping Center Friends of Hospice House City of Holyoke Engine City of Northampton | Curran Associates SPRINGFIELD |
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.
NORTHAMPTON DISTRICT COURT
Book Distributors Inc. d/b/a Koen Book Distributors Inc. v.
Bookline Booksellers Inc.
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $8,450.94
Date Filed: Jan. 3
Advogue Carpet Gallery Inc.
d/b/a National Carpet Center v. Kenneth Lynds d/b/a A-2-Z Home Improvements
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $4,691.29
Date Filed: Jan. 6
SPRINGFIELD DISTRICT COURT
United Rentals (North America) Inc.
v. Adams Enterprises
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $4,999.15
Date Filed: Jan. 3
United Rentals (North America) Inc. v. J.C. Stevens Co. Inc.
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $14,691.00
Date Filed: Jan. 3
United Rentals (North America) Inc. v.
Daniel J. Dunn d/b/a Bay View Development
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $10,056.92
Date Filed: Jan. 3
United Rentals (North America) Inc. v.
Beacon Site Development Corp. and Philip J. Montalto
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $19,733.52
Date Filed: Jan. 3
Conversent Communications of MA Inc. v.
F.L Roberts & Co. Inc.
Allegation: Breach of contract — Failure to pay for services: $17,018.87
Date Filed: Jan. 9
Construction Service, a division of Dauphna’s & Sons Inc. v.
Ames Design Inc. a/k/a Ames Design, Leslie Clement a/k/a Leslie A. Clement a/k/a Leslie McCarthy
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $3,201.00
Date Filed: Jan. 11
| The following Business Certificates and Trade Names were issued or |
| AGAWAM Almac Industrial Flooring Candies Dent Master’s Home Comfort Windows & Exteriors P & E Vending Silva Real Estate AMHERST Amherst Bulletin Daily Hampshire Gazette Mind Body Systems CHICOPEE Digital Vision J & M Siding & Replacement Mike Darsch Home Improvements EAST LONGMEADOW Affordable Home Improvement E.L.S. Triad Therapeutic Massage HOLYOKE Herrera Auto Sales LCR Distributors LONGMEADOW ABC Home Day Care Gunta Ringa-Jekabsone Wholesale NORTHAMPTON Audible/Visible Paper Gems Wonderment Images SOUTH HADLEY Chaffee Logging Natural Races SPRINGFIELD Bermudez Transportation Corey’s Landscaping Service Debra’s Beauty Solutions EZ Services El Bohio Rest #2 First Class Shuttle His Praise Worship Sound J x 2 Productions LLC Jessie’s Roofing & Siding Kim’s Nails Millennium Nails MultiLingual Communications New England Janitorial Services Payson & Williams Pinnock Transport Samuel’s Communications She Has Everything Springfield Diocesan Cemeteries Inc. V.I.P. Cuts Western MA Medical Billing WEST SPRINGFIELD Accent Interior Redesign Boston Cullinary Group Inc. David Camp Sales & Furniture Restoration Fathers & Sons Inc. Geraldine’s Lounge “Huny Do List” Larry’s Painting New England Van & Truck Equipment Oreck Vacuum Stores/Oreck Home Care R.B.C. WESTFIELD BP Courier The Country Store Fuller Enterprise The Red Case Co. |
Higher education is to Massachusetts what the citrus industry is to Florida.
It is simultaneously our greatest natural resource and one of our leading industries. Maintaining and strengthening the public and private higher-education institutions and their students is critical to maintaining the state’s economic competitiveness.
In recent years, Massachusetts has fallen dangerously behind competitor states in its funding of grant aid for needy students. From 1989 to 2004, Massachusetts joined, Alabama, North Dakota, and Hawaii as one of only four states to allow a decline in its state appropriations for student financial aid.
In our case, it dropped by 13.5%.
Massachusetts is the only state in the nation where more students are enrolled in independent colleges than in public institutions. About 40% of these students are Massachusetts residents. Moreover, those who come from out of state to attend college here contribute to a brain gain for the Commonwealth. Many out-of-staters choose to remain in Massachusetts after graduation at least for their first jobs.
The public benefits of our private higher-education sector are vast, but undervalued. The independent sector educates nearly 80% of the minority students attending four-year colleges in Massachusetts.
The independent sector also graduates a disproportionate share of students majoring in math, science, and other disciplines critically important to the Massachusetts economy. These graduates are well prepared to move into key industries, such as health care, biotechnology, nonotechnology, and telecommunications — industries the independent higher-education sector has helped spawn through research and development and entrepreneurial activity.
The bottom line: The independent sector simultaneously attracts billions of research dollars to the state, invests billions in payroll, construction, and other purchases, and annually saves billions of dollars in public expenditures. Massachusetts, unlike many competitor states, has had the luxury of not needing to allocate double-digit percentages of its annual state budget to higher education, precisely because of the breadth, depth, and quality of our higher education sector. That is not to say, however, that we are spending adequately on education.
Per-student spending on higher education in Massachusetts has been among the lowest in the nation. Massachusetts invests less than 4% of its budget on higher education. In comparison, North Carolina invests more than 14%. This decline in state funding has forced students to take out more loans or not enroll at all. This can only result in a brain drain and weakening of the Massachusetts economy. Last year, the independent colleges and universities in Massachusetts contributed $275 million from their own institutional resources to fund financial aid for Massachusetts residents. For many, this represents a significant portion of their operating budget.
The Legislature and the Romney administration should appropriate funding of operations, capital, and student financial aid for our higher education sector.
This year’s commitment to our public higher education system is an important step in the right direction. A significant investment in state appropriations for student financial aid for Massachusetts residents attending both our public and private independent colleges and universities is warranted and desperately needed. The governor and the Legislature should move ahead with the Board of Education’s cost-effective proposal released last month to increase the Commonwealth’s investment in higher education, including a $20 million increase in student financial aid for residents seeking to attend the college of their choice in Massachusetts.
Just as Florida invests millions of dollars each year to promote its signature citrus industry, so, too, must we invest in our signature industry — higher education and the students we educate to become productive citizens and lifelong contributors to our economy.
Richard Doherty is president of the Association of Independent Colleges & Universities in Massachusetts.
United Bank announced the following:
• Doug Bourbeau has been promoted to Vice President, Commercial Banking. He is responsible for generating new commercial loans and specializes in equipment financing; • Dena M. Hall has been promoted to Vice President, Marketing and Communication Relations. She has overall responsibility for the bank’s marketing and community relations efforts and manages the Investor Relations program for United Financial Bancorp, a publicly owned corporation and the holding company for United Bank, which is traded on the NASDAQ National Market under the symbol UBNK. She also serves as Vice President of the United Charitable Foundation.
• Joanne Sheedy has been promoted to Assistant Vice President, Credit Department. She manages the credit department and ensures the bank’s high standards for credit quality are met and maintained.
• Steve Piubeni has been promoted to Assistant Vice President, Management Information Systems (MIS). He has overall responsibility for the Information Systems Department, designing and maintaining the bank’s computer networks and plays a key role in the implementation of the bank’s technology plan.
• Kim Merritt has been promoted to assistant vice president, Operations. She is responsible for managing the operations staff including loan and deposit operations and the bank’s call center.
A. Rima Dael has been named the Administrative Director for the Woronoco Savings Charitable Foundation, based in Westfield. She will be responsible for administering the grants program of the Foundation. The Foundation supports education and youth development, health and human services, cultural activities, humanities, and public and civic projects. ••••• Lynn F. Boscher, owner of the Travel Bureau in Westfield for more than 30 years, was recently appointed Executive Director/Affiliate Coordinator for the Greater Westfield Chamber of Commerce. He is responsible for managing the Chamber, and supporting and enhancing the economic health of the Westfield business community. A resident of Westfield since 1967, Boscher is a former city councilor, and served as president of the Westfield Rotary Club, Boys and Girls Club of Greater Westfield, and St. Mary’s PTO. He has also played an active role with the Westfield Area Drug Council, Westfield Community Development Corporation, and City of Westfield’s Planning Board. ••••• | Michael P. D’Amour has been named Fresh Foods Director for Big Y Foods, Inc. in Springfield. The position was created to further the company’s emphasis on high quality fresh products. D’Amour will be responsible for sales and marketing for the produce, floral, deli, bakery, food service, seafood and meat departments. In addition to developing a long-term fresh food strategy for the company, he will be responsible for all aspects related to these departments including financials, training and development, merchandising and advertising. ••••• Meyers Brothers Kalicka, P.C. of Holyoke and Greenfield announced the following: ••••• Sue Rheaume of Landmark Realtors in Hampden has earned the designation of Graduate Realtor Institute by the Massachusetts Association of Realtors. ••••• Matthew B. Hedenberg has been named Informational Technology Manager for OFS in Sturbridge. ••••• Benefits Consulting Group, LLC in Holyoke announced the following: ••••• James A. Russell, Chief Executive of American Exterminating Co. of Springfield, will receive the Barlett W. Eldridge Award from the New England Pest Management Association. Russell’s grandfather, Abraham Russell, started the company in 1913. His father, Mathew Russell, also operated the business and now his son, Robert Russell, is active in the daily operations. |
At some point in life, everyone needs to consult with an attorney, but there are many things that should be considered when trying to find the right one.
Knowing how to approach the task of choosing a lawyer is perhaps the first step in the process.
Where to begin?
The best references are from trusted associates. These can include accountants, friends, insurance agents, clergy, bankers, stockbrokers, etc. Consider people with whom you serve on civic boards or church organizations. Is there an attorney on the board whose manner of handling matters demonstrates leadership and intelligence?
If you do not have access to people who know an attorney, you can consider contacting your local bar association to request a recommendation. There are also professional organizations and publications that you can consult for recommendations, including Boston Magazine’s “Super Lawyers” issue, BusinessWest magazine, and Martindale-Hubbell, (martindale.com.) This well-established organization rates attorneys and law firms on both legal ability and professional ethics, and it is widely used throughout the legal and business communities. The highest quality lawyers will be rated AV.
Making Your Initial Contact:
Once you have identified potential attorneys with whom you would like to speak, it is recommended that you contact them by phone and explain the type of problem you have, to see if they are interested in handling that type of matter. You should ask if they offer a free initial consultation, or whether you will be charged for the first meeting.
Ask their experience level within your particular area of the law. Several of the basic legal areas include family, business, estate planning, personal injury, employment, litigation, real estate, immigration, tax, and banking. Even general practitioners tend to specialize in a few of them. Ask how many similar cases they have handled, the number of years that they have been in practice, and the size of their firm and support system.
Next, check the background of the attorney and his or her law firm. A good way to do that is to review the firm’s Web site. See what awards the attorney has won, undergraduate and law schools attended, and whether he or she has published articles that correspond with your practice area. All of these are indicators that will help you to further gauge the attorney’s level of expertise within your required field. You may also want to check with the state licensing authority to see if there have been any ethics violations brought against the attorney. In Massachusetts, that information can be obtained from the Mass. Board of Bar Overseers, located in Boston.
Discuss Fees and Billing Procedures:
Ask how the attorney sets legal fees. There are a few fee options, including hourly, flat, and contingency. An attorney provides knowledge in return for a fee, which normally includes charging you for phone call consultations as well as office visits, so you should clarify how fees are calculated.
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Hourly fees are most often used by an attorney in non-personal-injury cases, whereby the attorney will charge an agreed-upon fee for the amount of time spent on your behalf;
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Flat fees are most common in certain types of consumer cases, including real estate closings, simple wills, simple bankruptcies, and other matters that can usually be estimated to take a certain amount of time. This should be discussed and agreed upon before the work is done;
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In personal injury cases, and sometimes in other instances, an attorney will agree to handle a matter on a percentage basis, called a contingent fee. In those cases the attorney is paid a percentage of the money that is recovered on your behalf;
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In some cases, an attorney will consider a combination of the above fee distinctions; for instance, a reduced hourly fee may be agreed upon in combination with a contingency fee.
In regard to attorney bills, you should ask how they are determined and how often they will be sent. Will you be required to pay a retainer? If so, will you be billed monthly, quarterly, annually; and what does the fee you are paying include? In addition to legal fees, will you be responsible for filing fees and additional expenses if a lawsuit is filed?
Come Prepared for the Meeting
To best prepare yourself for that initial meeting with your attorney, you should be organized. This will ensure that you present all of your important facts to the attorney, and this will better allow him or her to address your issues. It is a good idea to provide a written narrative of the facts as you understand them, and bring copies of all of your documents so that the attorney can retain a set for further review and discussion.
It is important that you disclose all of the facts to the attorney, both good and bad, and that you do not hide any information. Full disclosure is the only way that an attorney can give you honest advice and a fair assessment of the viability of your case. Generally, all of the facts eventually come to light, and it is both embarrassing and disheartening to realize that had you disclosed all of the facts at an earlier stage, your attorney may have been able to dramatically improve your case.
Finally, remember that the attorney wants to succeed on your behalf and needs to know that you are as committed to your case as he or she will be. You should have a clear expectation of your prospects for successfully obtaining your goals after the attorney has presented his or her analysis of the potential outcome. If you do not get a positive feeling from your discussion with the attorney, or you sense a lack of enthusiasm for your case, you are probably better off to consult with another attorney to see if you can make a better connection.
Most attorneys are educated, compassionate, and caring people, who genuinely want to do well for their clients. Working together as a team with your lawyer will substantially improve your chances for success, whether purchasing your first house, obtaining immigration status for your aunt, forming your new business, or obtaining damages from the contractor who failed to properly finish your kitchen.
Hopefully, you will have a successful outcome and will have made a new friend for life.
Michael B. Katz, Esq. is a senior partner with the law firm of Bacon & Wilson, P.C. A frequent author and lecturer on business and health care matters, he specializes in business, insolvency and health care legal matters in the firm’s Springfield, Westfield and Northampton offices; (413) 781-0560;[email protected].
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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.
NORTHAMPTON DISTRICT COURT
Competitive Kitchen Designs Inc. v. Deer Hill Builders Inc.
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $18,015.15
Date Filed: Dec. 5
HAMPSHIRE SUPERIOR COURT
C & S Distributors Inc. v. Michelson Properties Inc.
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $40,692.98
Date Filed: Dec. 15
SPRINGFIELD DISTRICT COURT
New Penn Motor Express v. Randolph Products Co. a/k/a Randolph Products
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $9,954.35
Date Filed: Dec. 15
Thales Broadcast & Multimedia Inc. f/k/a Thomcast Communications Inc.
Ozark Wireless TV Inc.
Allegation: Breach of contract — Failure to pay for services: $24,233.25
Date Filed: Dec. 19
O.K. Baker Supply Co. Inc. v. Jean M. Gendreau d/b/a Home Town Bakery
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $14,577.13
Date Filed: Dec. 19
PFG Springfield Corp.
Michael Selicious d/b/a Michael’s Catering d/b/a Jitterz
Allegation: Breach of contract – Failure to pay for goods sold and delivered: $7,757.36
Date Filed: Dec. 28
| The following Business Certificates and Trade Names were issued or renewed during the month of January 2006. |
| AGAWAM Country Estates of Agawam D.A.M. Vending K.D.C. Landscaping & Snow Plowing R&M Distributors Inc. Twisty’s Old Fashion Restaurant Win Restaurant AMHERST The Acupuncture Works 1-800-Granola.com Tupotech CHICOPEE Dimson’s Siding Flynn’s Seamless Gutters Joy to the World Lorraine’s Soup Kitchen Northern Design EAST LONGMEADOW G & A Import Auto Repair Inc. Meadows Lawn Care HOLYOKE The Corner Store K & S Gifts & More Taylor Rental LONGMEADOW AZZ Hypnotherapy Woods Financial Group NORTHAMPTON Mike Florio Welding & Repair SPRINGFIELD All Stars Mechanical Andrew L. Hepburn Assoc. Barr Enterprises Colin Photography Craftman’s Corner F & L Oil Burners The Healthy Connection J.C. Services JXZ Productions KAT Transport Services Manilla Snach Machines Melissa’s Place Perfect Peace Ministry Precious Transport Sabor Hispano Super Auto Sales WEST SPRINGFIELD Ask for Success Advertising Bryant General Contracting & Construction C.H.I. Design Dependable Trustee Services Finishing Touch Home Improvements Good Dog University J.M. Snow Plowing LHQ Dance Force Unlimited M.G. Consultants Microtech Computer Services New Life Solutions Page One Productions LLC Rein’s New York Style Deli Welker’s Exxon WESTFIELD Axis Precision Inc. Cooper Excavating Gauntlet Games Inc. Starbucks Under Mountain Farm Trucking |
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| Renaissance Manor in Holyoke announced the following: •••••
• William Steplar has joined the Investment Services Department of Easthampton Savings Bank. He will work out of the 21 Locust St., Northampton, office. ••••• Sonya Williams has joined the Agawam office of Carlson GMAC Real Estate as a Sales Agent. •••••
• Chicopee Savings Bank announced the following: •••••
• Jeanmarie Deliso, owner of Deliso Financial and Insurance Services in Springfield, has been elected to New York Life Insurance Co.’s Agents Advisory Council. She has been a New York Life agent for 10 years. •••••
• Gregory M. Schmidt has been named an Associate at Doherty, Wallace, Pillsbury and Murphy, P.C. in Springfield. Schmidt’s practice includes general bank, commercial and real estate law. ••••• The Mass. Association of Realtors in Waltham announced the following:
• Corinne Fitzgerald, a partner with Key 100 Real Estate in Greenfield, has been appointed Vice President of Business Development for the second consecutive term. Fitzgerald is responsible for coordinating the initiatives of the organization’s business plan relative to research and business development, standard forms, and electronic information services;
• Charles Sawyer, broker with Dayspring Inc. Realtors in Pittsfield, has been elected Western Region Vice President. Sawyer will coordinate objectives and activities within the Berkshire County Board of Realtors and Realtor Association of Pioneer Valley, and meet regularly with local and regional leadership to discuss real estate industry issues of statewide importance, and
• Susan Renfrew, broker and co-owner of Renfrew Real Estate in Greenfield, has been appointed Vice President of Professional Development. Renfrew is responsible for coordinating the association’s internal and external communications programs and its educational outreach efforts to realtors. | ••••• John B. Hesslein has been named Station Manager at WSHM, Springfield’s CBS affiliate. He will oversee the daily operations of the station. ••••• Mass. State Rep. Daniel F. Keenan has been named Vice President, Government Relations, for the Sisters of Providence Health System, based in Springfield. Keenan currently represents residents in the Third Hampden District. He assumes his new role in February. ••••• The Hotel Northampton in Northampton announced the following: ••••• Robert Cartelli, President of Fathers & Sons Inc. in West Springfield, has been named Chair of the American Heart Association’s 2006 Greater Pioneer Valley Heart Ball. The event is planned March 3 at the Log Cabin in Holyoke and raises funds to fight heart disease and stroke. •••••
PeoplesBank in Holyoke announced the following: ••••• Francis D. Dibble Jr., a Partner at Bulkley, Richardson and Gelinas, was recently inducted as a Fellow into the International Academy of Trial Lawyers. ••••• Kimberly A. Andrews has been elected President and Chief Executive of the Visiting Nurse Association of Central Connecticut. ••••• William C. Jones, Executive Vice President of Berkshire Healthcare Systems in Springfield, has been elected Chairman of the Massachusetts Extended Care Federation. ••••• Dr. John Frangie of the NorthEast Laser Center in West Springfield is among the first physicians in Western Massachusetts to receive an IntraLase Luminary Award for his commitment in refining the surgical techniques used with IntraLase-initiated LASIK. ••••• Dr. William Smith recently opened an adult medicine practice at 170 University Dr., Amherst. He has practiced medicine in Hampshire County for 18 years. ••••• Bernadette Harrigan was named a Shareholder of Doherty, Wallace, Pillsbury and Murphy. ••••• David M. Clark has joined Berkshire Bank as Assistant Vice President and Mortgage Origination Officer in the Westfield and Springfield areas.
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| Speed Thrills
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With cold and flu season upon us, some interesting challenges for employers and employees alike arise. ‘Presenteeism,’ a newly coined term which means being present at work while sick or for some other reason disengaged from your assigned work, can be extremely detrimental to organizations and their workforce.
Traditionally, the focus of most organizations has been on absenteeism and the opportunities lost when an employee isn’t at work. This focus, however, assumes that when people are at work they are productive. Unfortunately, many times, this is simply an illusion.
According to a recent survey by OfficeTeam, a staffing service based in Menlo Park, Calif., 80% of employees polled frequently show up to work while sick; with only a mere 8% of the respondents reporting they never come into the office when ill. Performance levels of sick individuals are rarely at peak or even at an acceptable level.
In fact, employees who come to work when they are ill may be costing employers more in lost productivity than their employers pay for sick days and other medical and disability benefits. In 2004, Cornell University cited in WebMD that presenteeism may account for up to 60% of employer health costs, and found that up to 60% of the total cost of employee illnesses come from people who continue to work despite illnesses that reduce their productivity.
Morale and contagion are also concerns associated with ‘presenteeism.’ Being in contact with contagious individuals jeopardizes the health and productivity of all employees. According to CCH Inc., a division of Wolters Kluwer, a provider of employment law information and software, organizations with already-low employee morale are at even greater risk of sick workers on the job, with 52% of companies with poor or fair morale reporting presenteeism as a problem.
But presenteeism isn’t just limited to physical illness such as allergies, headaches, colds, or flu. Burnout, stress, and depression from work/life or work-related conflicts also contribute to loss of productivity while on the job. These causes may include emotional problems, family issues, elder or child care concerns, employee vs. employer distrust, overwork, or workplace distractions ranging from heat, light, or air quality, communication breakdowns, lack of training, and many other variables.
Curing the Problem
Employers can take steps to discourage presenteeism and enhance productivity. During cold and flu season, the Center for Disease Control and Prevention recommends individuals to stay home when they are sick. It also provides helpful tips and posters that can be displayed within the workplace. Employers can also create guidelines to help the workforce understand the conditions for staying home, when it is safe to return to work, and when to re-evaluate a company’s absenteeism policies.
The single most common absence-control program utilized by 91% of organizations surveyed by CCH is disciplinary action. This approach is counterproductive to helping sick workers stay home when they are ill, especially when one considers that most of these programs allow five sick days per year and one bad cold or flu can wipe an individual out for that same amount of time or longer.
An alternative to traditional sick day policies is paid leave banks, also known as Paid Time Off (PTO) programs. Under a PTO program, personal, sick, and vacation days are combined into a single bank of days that the employee can use in any way he or she needs; allowing the employee to have more control.
Employers can also work to foster a healthy work environment and set a good example. A 2005 Workplace Productivity Survey conducted by the Society for Human Resource Management (SHRM) states that poor management is the number-one factor hurting employee productivity. Therefore, managers need to be aware of how not only their words but their actions are being interpreted by employees. Are your employees comfortable in asking for time off when ill or for other necessary reasons?
What message are you sending when you come to work sick, injured, or distracted?
Employers should be sure to keep communication open with employees. With many companies experiencing lay-offs, relocation, and expecting employees to do more with less, job insecurity and overwork may compel employees to put in excessive work hours, many unproductive. This can then lead to stress, burnout, or illness.
Executive and business coaching programs can be very valuable in establishing effective communication throughout organizations and creating engaged and resilient workforces. Coaches work with management and staff to enhance performance, morale and productivity.
Besides coaching, employee assistance programs (EAPs), and other wellness or work/life balance programs offer employees assistance beyond cold and flu season by helping them maintain focus on work while at work. EAPs provide confidential 24/7 counseling to employees and their families helping them to manage both physical and emotional concerns ranging from addictions to loss and grief.
Wellness programs, such as flu clinics, blood drives with free cholesterol screenings, etc., create opportunities for workers to receive preventative health benefits while at work. Something they may not otherwise take the time to do on their own and thus maintaining their health and welfare. Because of busy schedules, many work/life balance programs have been initiated that make services and/or resources easily accessible to employees so they can spend their time on work while at work. Child care, elder care, and financial concerns are among the myriad of issues addressed through these programs. Many times these work/life balance offerings can be provided at no cost to the organization.
Multiple Remedies
Just as there are many causes for presenteeism, there is no one solution.
Each organization and its workforce has different needs and requirements. These needs may shift with time, so it is important to re-evaluate your programs periodically. Get employees involved and ask for their input. No one enjoys being unproductive. Adopt healthy, flexible, positive work environments that meet the multitude of personal and professional challenges faced by employees. Investing in your employees will help alleviate this drain on your people, profits, and productivity.
Lynn Turner is an executive coach and owner of Ironweed Business Alliance, a coaching and consulting firm specializing in leadership development, team building and work/life balance strategies. She is also the host and producer of a local radio talk show/Web site Business Link Radio (www.businesslinkradio.com); (413) 283-7091.
Open House
Feb. 1: The Western New England College Law and Business Center for Advancing Entrepreneurship will host an open house from 5 to 7 p.m. in the Scibelli Enterprise Center, 1 Federal St., Springfield. The new center was established to provide graduate business and law students with an opportunity to offer practical consultation to entrepreneurs starting new and building existing small businesses in the community. From 4 to 5 p.m. in the Teleconference Room, a panel of intellectual property experts will discuss how entrepreneurs can legally protect creative output and innovations. Also, they will review patents, trademarks, and copyrights of small businesses. To register or for more information, E-mail Aimee Munnings, Director, at [email protected] prior to Jan. 25.
Contractual Liability Seminar
Feb. 6: Geoffrey Smith, senior vice president, TD Banknorth Insurance Group, will be the featured speaker at a free luncheon hosted by TD Banknorth Insurance Agency Inc., from 11:45 a.m. to 1 p.m. at 2077 Roosevelt Ave., Springfield. His presentation during the Lunch & Learn session is titled “Contractual Liability?” and will explore what to look for and what to look out for in the risk-transfer provisions found in everyday contracts. To sign up, E-mail your request to [email protected]. Seating is limited.
Western Mass. Economic Review
Feb. 8: The Regional Technology Corporation will sponsor a presentation on the economic profile of the region from 8:30 to 9:30 a.m. in the TD Banknorth Conference Center, 1441 Main St., Springfield. The profile is based on Western Massachusetts Electric Company’s annual report to its customers titled Western Massachusetts Economic Review. The free presentation will summarize key findings from the 2005 Review and provide a regional economic outlook for 2006. Seating is limited and advance registration is required. For more information, contact April Cloutier at (413) 755-1314 or [email protected].
‘Double Bottom Line’ Lecture
Feb. 9: Lisa Fairfax, an associate professor of Law at the University of Maryland Law School, will present “Achieving the Double Bottom Line: A Framework for Corporations Seeking To Deliver Profits and Public Services” at 5:30 p.m., hosted by the Western New England College Law and Business Center for Advancing Entrepreneurship. The lecture will take place in the S. Prestley Blake Law Center on WNEC’s main campus, 1215 Wilbraham Road, Springfield. The event is free and open to the public. For more information, call (413) 736-8462 or visit www.law.wnec.edu/lawandbusiness.
Outlook 2006
Feb. 10: Howard Fineman, chief political correspondent for Newsweek magazine, will deliver the keynote address for Outlook 2006, hosted by the Affiliated Chambers of Commerce of Greater Springfield. The annual legislative event will be conducted from 11:45 a.m. to 1:30 p.m. at Chez Josef in Agawam. In addition to Fineman’s presentation, Lt. Gov. Kerry Healey will discuss the state outlook, and Northampton Mayor Claire Higgins will present remarks for the region. Higgins is also serving as this year’s president of the Mass Municipal Assoc. Tickets are $40 for Chamber members, $60 for nonmembers. Tables of 10 can be reserved. Deadline for reservations is Feb. 3. For more information, contact Diane Swanson, Events Manager, at (413) 787-1555.
Business Entity & Basic Contracts
Feb. 22: The Mass. Small Business Development Center (MSBDC) Network will present Business Entity & Basic Contracts from 8:30 to 10:30 a.m. at the Scibelli Enterprise Center, 1 Federal St., Springfield. The workshop will look at ways a business can be run, the advantages and disadvantages of corporations, limited liability companies, partnerships and sole proprietorships. In addition, the workshop will look at income tax issues as well as the minimum needed to protect the business owner in writing when they enter into contracts with third parties. The cost of the workshop is $25. For more information or to register, contact Diane Randall at the MSBDC Network, (413) 737-6712.
Running A Successful Restaurant
March 14: The Mass. Small Business Development Center (MSBDC) Network will sponsor Food For Thought: Tips For Running A Successful Restaurant from 9 to 11:30 a.m. at the Berkshire Chamber of Commerce, 75 North St., Suite 360, Pittsfield. The program will discuss the key ingredients of successful restaurants and the pitfalls that can lead to failure, and will offer tips for improving a restaurant operation from the dining room to the kitchen. The cost is $25. For more information or to register, contact Diane Randall at the MSBDC Network, (413) 737-6712.
It’s not uncommon for property owners to face significant capital gains (and the consequential tax) in the sale of real estate, either through accumulated depreciation or appreciating asset value, or the combination of both. Rather than pay the capital gain tax and reinvest the difference in another property, the 1031 Exchange allows the taxpayer to replace the property with an ‘exchange’ into another ‘like-kind’ property and essentially defer the payment of the capital gain tax by adjusting the basis of the newly acquired property.
Just over 15 years ago, the Internal Revenue Service instituted the long-awaited rules on deferred exchanges. Section 1.1031 of the Internal Revenue Code details the procedure for turning a sale/purchase transaction into an exchange. The opportunity to defer the payment of capital gains tax is available to owners of investment real estate if the owner intends to re-invest the equity of the sale of another real estate investment.
This deferment results in more equity to invest in the new property and allows the taxpayer to acquire a more substantial investment than had the original property been sold, and the capital gain tax paid.
How it Works
A properly structured 1031 exchange allows an investor (1) to sell a property; (2) reinvest the proceeds in another property; and (3) defer the capital gain taxes. This procedure allows for real estate portfolio growth while protecting the investor from capital gain taxes. Let’s say that an investor incurs $70,000 in combined taxes (depreciation recapture, federal capital gain tax) on a $200,000 capital gain. The investor has two choices:
• The investor incurs the $70,000 tax burden and reinvests the remaining $130,000. Assuming a 20% down payment and an 80% loan-to-value ratio the investor can purchase a property up to $650,000;
• With the 1031 exchange, the same investor can transfer all of the $200,000 in equity. Assuming the same loan constraints, the investor is able to purchase up to $1,000,000 in real estate.
When using this strategy, the taxpayer acquires the new property with a reduced basis, which results in the ‘deferred’ tax being due when the investor eventually cashes out. However, in estate planning, if the taxpayer/investor wills his property to his heirs, they will receive the property at the value at time of death and the deferred tax may be avoided altogether. Thus the 1031 Exchange can be a powerful tool in equity-building for the investor and his estate.
Of course, as with any investment strategy, the advice of tax attorneys, accountants, and real estate brokers familiar with these procedures is critical to compliance with the tax code and the enjoyment of the tax-deferral strategy.
Know When to Say ‘When’
Sound good? How do investors know if they are candidates for an exchange?
First, any investor completing a sale should have his or her tax advisors calculate the federal capital gains tax that would be due should the property be sold at the anticipated sale price to determine how much actual tax ‘savings’/ ‘deferment’ is at stake.
Then the investor must identify a ‘like-kind’ property to acquire. There are rules as to what is like kind, so be careful. The rovision for real property is broad and includes land, rental, and business property. Alas, no, you cannot exchange investment property for a personal residence for your retirement home.
Know Which Exchange is Best
There are various types of exchanges such as simultaneous, delayed, reverse, and an improvement exchange. Often, there is need for an ‘intermediary’ to hold title for either acquired property or the relinquished property to satisfy the rules. There are firms that specialize in providing such a service and can be thought of as an escrow agent for titles. They are known as ‘qualified intermediaries.’ They provide the safe harbor for title.
Various exchange arrangements call for different time limits for acquiring and relinquishing title to the involved properties. Also, the identification of the replacement property can be made several different ways.
Again, it is imperative to engage experienced professionals to ensure compliance and a valid transaction.
If an investor is facing a relatively significant capital gain tax in the sale of property, and desires to defer the tax burden, then it would be worthwhile to investigate and evaluate the 1031 Exchange opportunity.
Bob Greeley is owner of R.J. Greeley Company, LLC, a full-service real estate firm with extensive experience across the spectrum of commercial, industrial and telecommunication real estate transactions; (413) 734-7923
| The following bankruptcy petitions were recently filed in U.S. Bankruptcy Court Readers should confirm all information with the court. | |
| Carlson, Cindy A. Chaplin, Kathleen R. Haugaard, Paul A. Hernandez, Jorge S. Lee, William E LeSiege, Jeffrey O. | Parker, Tamaris Quinones, Trinidad Rancourt, David John Small, Camille M. Josephson, Keith A. |
| A.I.M. Creates HR Resource Center Planning Board Assistance Program Offered Lees Won’t Seek Re-election Developer Interested in Danaher Site State Moves Toward Stricter Emission Rules Firm Receives Grant For Engine Prototype State Economic Picture Flat |
| The following building permits were issued during the month of January 2006. | |
| AMHERST Amherst Cinema Theatre NORTHAMPTON Children’s Aid & Family Service Florence Congregational Church Hampden County PA LLC Silkmill Associates Smith College Smith College 293 Northampton Realty LLC Wal—Mart Stores East Inc.
| SPRINGFIELD Coffee Roaster Inc. Eastfield Management Laundry Capital Mercy Medical Center New Colony Court Picknelly Family Sovereign Bank WESTFIELD Joseph Flahive |
Mercy Receives Grant To Improve Access to Health Care
SPRINGFIELD — Mercy Medical Center recently was awarded a $20,000 grant from the Blue Cross Blue Shield of Massachusetts Foundation to improve access to health care for uninsured and low-income residents. The “Connecting Consumers To Care” grant will target services to the local homeless population and Vietnamese residents. The grant will support assistance with eligibility, enrollment, primary care provider selection, and post-enrollment services. The funds will also be used to provide case management for preventative, medical and behavioral health services. In administering the grant, Mercy Medical Center will collaborate with the Mental Health Association of Greater Springfield, Vietnamese American Civic Association, and Friends of the Homeless, Inc.
Hudson United Bancorp, TD Banknorth Shareholders Approve Merger
PORTLAND, Maine — TD Banknorth Inc. shareholders recently voted at a special meeting to approve the acquisition of Hudson United Bancorp. More than 99% of the votes cast were voted in favor of the transaction. In a separate meeting in Mahwah, N.J., the shareholders of Hudson United Bancorp also voted heavily in favor of sale to TD Banknorth. More than 98% of the votes cast by Hudson United shareholders were in favor of the transaction. Pending approval by the Federal Reserve, the transaction is expected to close later in the first quarter of 2006. On a pro forma basis, the transaction creates a regional financial services company with approximately 590 branches, 751 ATMs and more than $26 billion in deposits across eight northeastern states. In other TD Banknorth news, bank officials recently said that fourth-quarter earnings per share will be 62 cents, 2 cents lower than analysts’ projections. Company officials cited the lower earnings per share because of declining net interest margins. TD Banknorth will release its fourth-quarter and year-end earnings report on Jan. 23.
Virginia Police Purchase Smith & Wesson Pistol
SPRINGFIELD — The sheriff’s department of Patrick County, Va., recently signed a deal to purchase 32 of Smith & Wesson’s new M&P 40 pistol – the first sale for the new military firearm. The new gun’s safety features, low recoil, and ease of handling were reasons cited by Patrick County Sheriff David E. Hubbard regarding the purchase. The M&P models load .40-caliber ammunition. Smith & Wesson also recently announced that the company plans to add more versions of the gun in the coming weeks. For example, new models will fire .357-caliber SIG rounds as well as 9 mm ammunition. The new handgun, with a retail price of $695, will also be available to individual customers through retail outlets.
Center For Teaching Receives High Marks
AMHERST — The Center for Teaching at UMass, Amherst has been recognized in a national survey as one of the top faculty- development programs in the United States and Canada. Nearly 500 faculty developers at 300 higher education institutions responded to the survey, which is part of a recently published study, “Creating the Future of Faculty Development: Learning from the Past, Understanding the Present.” The survey identified faculty development programs at UMass, Amherst, University of Michigan, University of Delaware and Miami University of Ohio as the four best in the U.S. and Canada. The Center For Teaching also had the distinction of being named most often as a ‘model program’ that guided best practices by developers across every institutional type – from community colleges to research universities. The survey was sent to 1,000 members of the Professional and Organizational Development Network, the oldest and largest professional association of faculty development scholars and practitioners.
Schools Benefit From Civic Action Program
GREENFIELD — Greenfield Savings Bank’s Civic Action accounts raised $10,000 in its first nine months for 11 participating school districts, according to Joan Cramer, Vice President and Marketing Officer. Launched last March, the unique civic action bank accounts give back to schools in Franklin County and in Amherst. Bank customers participating in the program use their Greenfield Savings Bank card to swipe and sign – for everything from groceries to gas. “It all adds up,” said Cramer. All revenues are spent by school districts as they deem appropriate. Participating school districts include Amherst-Pelham, Franklin County Technical, Frontier Regional, Gill-Montague, Greenfield, Mahar Regional, Mohawk Trail Regional, Orange, Pioneer Valley Regional, Four Rivers Charter and Union 28. Union 28 serves the elementary schools of Erving, Leverett, New Salem, Shutesbury and Wendell.
Insurance, LLC Becomes Encharter Insurance Group
AMHERST — Neighborhood Insurance, LLC recently changed its name to Encharter Insurance Group. Blair, Cutting & Smith Insurance, the local office of Encharter Insurance Group, will continue to be known by its local name. As a member of Encharter’s group of agencies, Blair, Cutting & Smith Insurance will continue to improve its technology, and support its staff members’ increased involvement in community service projects. Both insurance agencies offer security against loss and financial services.
| The following bankruptcy petitions were recently filed in U.S. Bankruptcy Court. Readers should confirm all information with the court. | |
| Angy’s Food Products Inc. | Laureano, Maria D. |
Lenox Recertified With OSHA ‘Star’
EAST LONGMEADOW — Lenox’s American Saw & Manufacturing Co. has been recertified for an additional five-year membership in the prestigious ‘Star’ Voluntary Protection Program (VPP) of the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA). The plant, which employs 646 workers, manufactures saw blades and hand tools, including band saws, hack saws, tubing cutters, and utility knives. With its “Star” recertification, it continues as part of an elite corps of about 1,370 workplaces nationwide that have earned VPP recognition. The latest recertification came after an OSHA team’s thorough on-site review of the plant’s safety and health programs, interviews with employees, and a tour of the work site. The plant was first certified as a ‘Star’ site in June 1997 and re-certified in September 2000. The latest review of the plant’s safety and health management programs found that Lenox remains consistent with the high quality of VPP programs, according to Marthe Kent, OSHA’s New England regional administrator. In addition, the plant’s illness and injury rates remain well below the industry average for saw blade manufacturing, added Kent.
Firm Adds Three Clients at Year’s End
HOLYOKE — Bauzá & Associates closed out the year by landing three major accounts – Manny’s TV & Appliances, Williams Distributing, and Economy Insurance, Inc. Hector Bauzá, founder and CEO, said the firm had a “stellar year in 2005” by adding three clients who understand the importance of marketing to Hispanics as a prudent business objective. The firm’s main focus for these companies will be to develop strategic marketing platforms and media campaigns aimed at the Hispanic market, according to Bauzá.
TD Banknorth Massachusetts Ranked #2 in Small Business Lending
WORCESTER — TD Banknorth Massachusetts, a division of TD Banknorth, N.A., recently announced that the U.S. Small Business Administration (SBA) has ranked it the state’s second-largest lender in terms of dollar volume of SBA-backed loans, and fifth in terms of the number of loans made. For the year ending Sept. 30, TD Banknorth Massachusetts made 131 7 (a) SBA loans for more than $19 million, marking the fourth year in which the bank has ranked among the state’s top- 10 small business lenders. SBA loans, which are guaranteed by the SBA, help banks lend to small businesses that might not otherwise qualify for a loan. TD Banknorth, which is an SBA Preferred Lender, works in partnership with small business clients and supports them with loan decisions that are made locally.
Yankee Candle Exec Assumes New Duties
DEERFIELD — Harlan M. Kent, President of Yankee Candle Co., recently added the title of chief operating officer to his role. The COO position did not exist prior to Kent’s promotion. With his new duties, Kent will also oversee the company’s manufacturing and finance areas. He joined Yankee Candle in 2001 as senior vice president for the wholesale division, and was promoted to president in 2004.
Maryland Company Purchases Computer Services Firm
SPRINGFIELD — TEKsystems of Hanover, Md., recently purchased CSA-Tobin, a computer services company, for an undisclosed price. CSA-Tobin was created in 2004 by a merger of Tobin Systems, based in Springfield, and Computer Staffing Associates, based in Connecticut. Approximately 200 technical professionals are employed at the company, which specializes in creating custom programming and offering contract programmers for companies. The Farmington, Conn.-based firm has offices in Springfield, Stamford, Conn., and Tampa, Fla. TEKsystems offers temporary staffing for the computer industry, as well as provides project services to information technology companies.
Big Y Education Express Program Extended
SPRINGFIELD — Due to an overwhelming response from almost 2,000 participating schools, Big Y Foods has extended the fourth round of its Education Express Program to June 28. Education Express is a program in which Big Y shoppers purchase money saving products featured with the Big Y Express Savings Club electronic discount card to earn merchandise points for the school of their choice. Schools redeem these points for free equipment and supplies including computers, software, textbooks and sports equipment. Since the program started in 1994, Big Y has awarded more than $7.5 million in free teaching materials and classroom equipment to more than 1,900 schools in its market area. In this fourth round alone, schools have accumulated more than $2 million in Education Express points.
Bay Path to Offer Criminal Justice Major on Saturdays
LONGMEADOW — Bay Path College will expand the degree offerings available in its accelerated One-Day-A-Week Saturday College for women by adding a Bachelor of Science in Criminal Justice to its curriculum in January. The B.S. degree for One-Day students, with specializations in either fraud investigation or counseling, will prepare them for a career in the criminal justice field. For more information, call (413) 565-1273, (800) 782-7284, ext. 273, or visit www.baypath.edu.
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.
NORTHAMPTON DISTRICT COURT
The Binding Source LLC v. Etchell’s Technology Corp.
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $25,000
Date Filed: Dec. 5
HAMPSHIRE SUPERIOR COURT
C & S Distributors Inc. v. Michelson Properties Inc.
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $40,692.98
Date Filed: Dec. 15
HOLYOKE DISTRICT COURT
Broadcast Music Inc. v. Pearl St. Night Club Inc. a/k/a-d/b/a Pearl Street
Allegation: Breach of contract — Failure to pay for services: $10,333.92
Date Filed: Nov. 25
SPRINGFIELD DISTRICT COURT
Valley Industries Inc. v. Todd Hanks d/b/a New England Cap & Hitch
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $8,880.91
Date Filed: Dec. 6
Project Graphics Inc. v. Prodigy Sign Innovations LLC
Allegation: Breach of contract — Failure to pay for goods sold and delivered: $5,970.15
Date Filed: Dec. 12
Liberty Mutual Insurance Co. v. Autumn Rose Corp.
Allegation: Breach of contract — Failure to pay for workers’ comp insurance: $5,139
Date Filed: Dec. 12
WESTFIELD DISTRICT COURT
Industrial Technical Services Inc. v. Delray Contracting Inc.
Allegation: Breach of contract — Failure to pay for services: $8,319.91
Date Filed: Nov. 21
| The following Business Certificates and Trade Names were issued or renewed during the month of November and December 2005. | |
| AGAWAM Gemini Massage Mason & More Mortgage Processing Services Suspension Shack Wicked Teez AMHERST A.R.M. Chao’s Consultant Supply from China CHICOPEE Arbour Cuts Family Chiropractic Jack’s Styling Salon Knoller Translation Services Mook Media EAST LONGMEADOW Charter Communications J & B Landscape Polish American Memorial HADLEY HOLYOKE Sunglass Hut LONGMEADOW Footcare Zone NORTHAMPTON Never Another Death SPRINGFIELD Ambassador Auto Sales BM Home Improvements Blades of Steel Remodeling | Edwin Auto Repair Full Service Real Estate Indu Streetz Magazine Inc. JC Xpressions Johnyna’s Creations Loving Care Kennels Mario Cosentini Landscaping Paint’n the Town Pioneer Valley Plantscapes Quick Stop Food Mart Signs by Bob Smith Vincent’s Beauty Salon WEST SPRINGFIELD ATC Systems B’Shara’s Restaurant Connecticut Valley Block Elm Market & Package Store Five Star Towing and Hardy’s Home Décor J.M.S. Towing Liberty’s Shell Magnolias Miguel Coamo Barber Shop Olde English Style Chimney River Inn Motel WESTFIELD Blackberry Lane Fantasy Frogs.com P & M Detailing Top Gunz Paintball |
| The following business incorporations were recorded in Hampden and Hampshire counties, and are the latest available. They are listed by community. |
| AMHERST BELCHERTOWN Belchertown Family Center Inc. CHICOPEE FEEDING HILLS HOLYOKE LUDLOW NORTHAMPTON SOUTH HADLEY SPRINGFIELD Cotanak Inc., Rukmini S. Kenia, M.D., P.C., WESTFIELD H.F.P., Fire Sprinkler Inc., K’s Restaurant Inc., WEST SPRINGFIELD |
| Dr. William P. Ferris, Western New England College Professor of Management, has been appointed Associate Editor of the Journal of Management Education. Ferris is an expert in teambuilding, leadership, and management education. In addition to his appointment as an associate editor, Ferris was recently named the Editorial Board Member of the Year for the Academy of Management and Learning, the educational journal of the national Academy of Management. ••••• The Spirit of Springfield announced that Lawrence Goldberg, President and General Manager for Springfield Rock Radio Group, has accepted the position as Chairman, and Arlene Putnam, General Manager, Eastfield Mall, Springfield, will serve as Vice Chair. Board members also include Treasurer, Kristina Houghton, Meyers Brothers Kalicka, PC; Clerk, Attorney Charles Casartello, Pellegrini, Seeley, Ryan & Blakesley, PC, and Directors, Romola Rigali, The Republican; Douglas McKell, Connecticut Surgical Group, and Daniel M. Glanville, Director of Government and Community Affairs for Comcast. ••••• PeoplesBank in Holyoke announced the following:
••••• Arthur M. Haselkorn, a commercial loan officer for Berkshire Bank, recently relocated to the 31 Court St., Westfield branch office. •••••
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| ••••• Beth Larrow has been named Executive Administrative Assistant at the Berkshire Chamber of Commerce in Pittsfield. ••••• Denise M. Beaulieu has been named Marketing Manager for the Loomis Village in South Hadley. Loomis Village is a part of the Loomis Communities. ••••• Christopher C. Desmarais, Senior Vice President of Gamco Asset Management Co., has been appointed to the Dolan Advisory Council for Fairfield University’s Charles F. Dolan School of Business. ••••• Rich Mathews has been named Vice President of Marketing for Lenox in East Longmeadow. ••••• Katherine K. Coolidge, a Law Librarian at Bulkley, Richardson and Gelinas in Springfield, will serve on the Board of Directors of Wing Memorial Hospital and Medical Centers in Palmer. ••••• Trinidad Andino has been named a Mortgage Loan Officer at TD Banknorth Mortgage Group in Springfield. ••••• Julie Makris has joined Carlson GMAC Real Estate as a Sales Agent in the Longmeadow office. ••••• Suzanne Smith has been named Director of Health Services of Tapestry Health in Florence. She will direct the agency’s 11 family planning and community health services offices. ••••• Gretchen O’Neil has joined the Belchertown office of ERA Laplante Real Estate as a Sales Associate. ••••• Former Springfield Mayor Theodore DiMauro has joined the Springfield-based law firm Pellegrini, Seeley, Ryan & Blakesley. ••••• Bacon & Wilson, PC of Springfield announced the following: Other Bacon & Wilson attorneys named Super Lawyers were: ••••• Bulkley, Richardson and Gelinas, LLP in Springfield announced that Francis D. Dibble, Jr., Commercial Litigation, has been inducted as a Fellow of the International Academy of Trial Lawyers. ••••• North Brookfield Savings Bank announced the following: ••••• The Pioneer Valley Planning Commission in West Springfield announced the following: ••••• Andrew E. Markowski was named Counsel at Elizabeth Gara & Associates, a lobbying firm based in Hartford, Conn. He will focus on energy law and legislation as well as consumer protection issues. ••••• Kent Pecoy Construction announced the following: |
| The following business incorporations were recorded in Hampden and Hampshire counties, and are the latest available. They are listed by community. | |
| EASTHAMPTON HADLEY LONGMEADOW NORTHAMPTON Agency Inc., SOUTHAMPTON SPRINGFIELD | Champion Foods Inc. Management Inc., 1365 WESTFIELD WEST SPRINGFIELD Positive Pregnancy Solutions of Western Massachusetts |
| Bulkley, Richardson and Gelinas, LLP in Springfield announced the following:
• Daniel J. Blake has been named Counsel. He is a member of the Litigation/ Alternative Dispute Resolution (ADR) Department and
• Gastón de los Reyes has been named an Associate. He is a member of the Litigation/ADR Department;
• Jennifer K. Cannon has been named an Associate. She is a member of the Litigation/ADR Department;
• Daniel A. Leonardo has been named an Associate. He is anew Associate in the Boston office and a member of the Litigation/ADR Department, and
• Seth M. Wilson has been named an
••••• Meyers Brothers Kalicka of Holyoke and Greenfield announced the following: ••••• Western New England College Professor of Management Dr. William P. Ferris has been appointed Associate Editor of the Journal of Management Education. Ferris is an expert in team-building, leadership, and management education. It is his second stint as associate editor, having previously served from 1999-2002. In addition to this appointment, Ferris was recently named the Editorial Board Member of the Year for the Academy of Management and Learning, the educational journal of the National Academy of Management. | Edward J. Terault, President of Reil ••••• Tereza Perez-Morale recently joined the Pioneer Valley Planning Commission in West Springfield as a Secretary. ••••• Junior Achievement of Western Mass., based in Springfield, announced that the following individuals have been elected to the Board of Directors: ••••• PeoplesBank in Holyoke announced the following: ••••• Hampden Bank announced the following: ••••• Two MassMutual Financial Group executives were recently elected to posts in industry associations: |
| Angy’s Food Products Inc. Brunelle, Timothy W. Buchanan, Amy Buchanan, William L. Delvalle, Jose M. Demers, Alicia E. DiCarlo, Jeanne A. Fortier, Milca R. | Gonzalez, Maribel Holloway, Angela J. Johnston, William Larrivee, Steven R. Laureano, Maria D. McWhinnie, David J. Melendez, Tricia Dawn
| Merceri, Darrell Shane Mestres, Francisco J. Nero, Walter J. O’Brien, Donna Marie Pike, Jeffrey D. Poplawski, Kathryn Marie Smart, Laura H. Thompson, Philamena M. |
Local Jobs Outlook Positive
SPRINGFIELD — A new survey suggests that employers in the Greater Springfield area are poised to hire staff during the first quarter of 2006. Manpower
Inc.’s quarterly survey for Western Mass. is very positive, according to Cathy-Ann Paige, Northeastern vice president for Manpower. Paige acknowledged that hiring has not gone as fast as it has in the past, particularly because there are fewer prospective employees with the right skill sets for the jobs available. She added that survey results indicate businesses remain cautious when making hiring decisions, however, if the right person comes along, they will be hired. Paige estimates that 47% of area businesses interviewed expect to add jobs in the first quarter. Manpower surveys approximately 16,000 employers nationwide for its quarterly report.
CFOs: Financial Incentives to Hold Steady in ’06
MENLO PARK, Calif. — The majority of the nation’s employees are not expected to receive larger raises and bonuses in 2006 than they did in 2005, a recent survey finds. Less than one-third (29%) of chief financial officers (CFOs) recently polled said they will give higher salary increases in the coming year, and just 20% anticipate boosting bonus amounts. The survey was developed by Robert Half International Inc. and was conducted by an independent research firm that includes responses from more than 1,400 CFOs from a stratified random sample of U.S. companies with 20 or more employees. CFOs who said they expected to increase raises and bonuses in 2006 were asked by what percentage these forms of compensation would rise. The mean responses were 5% for raises and 7% for bonuses. Many companies may be hesitant to increase employee compensation because of other expenses impacting the business, including rising health care and energy costs, according to Max Messmer, Chairman and CEO of Robert Half International Inc. Messmer added that being overly cautious can be detrimental, particularly as the competition for top candidates intensifies. Firms that fail to reward good performance risk losing their best talent, he added.
MassMutual Cites Harassment by Galvin
SPRINGFIELD — MassMutual Financial Group recently filed papers in Suffolk Superior Court accusing Secretary of State William F. Galvin with making “baseless, inflammatory and harassing public statements” that are causing harm to the company. Galvin is quoted as saying in a Nov. 23 Reuters dispatch that MassMutual continues to “stonewall the process at every turn.” Galvin has made several legal attempts over the past few months to force MassMutual to turn over
documents that involve the dismissal of Chairman and CEO Robert J. O’Connell last summer. MassMutual contends it has provided all relevant documents to Galvin, and would include two internal reports on O’Connell’s dismissal if Galvin agrees to keep the reports confidential. On numerous occasions, Galvin has refused to promise confidentiality since the reports come under the state’s public access law. MassMutual has also provided the internal reports to the state Division of Insurance and the attorney general’s office, which are continuing their inquiries. Galvin, as the state’s chief securities regulator, has jurisdiction over fraud in the sale or purchase of securities or in advising people on the purchase of securities. However, MassMutual contends that the information Galvin seeks involves only alleged violations of nepotism and company policy, not securities fraud.
WNEC Announces Admissions Agreements With STCC and HCC
SPRINGFIELD – Western New England College President Dr. Anthony Caprio, Springfield Technical Community College President Ira Rubenzahl, and Holyoke Community College President William Messner announced today that WNEC will offer HCC and STCC students dual admission under a new joint admissions program. The agreement will allow students accepted to HCC and STCC to also be accepted at WNEC. It also provides for academic support for students at WNEC while they attend one of the two community colleges. The agreement between the college and the two community college will emphasize collaborative communication and jointly supported advisement of students, and students who take advantage of the joint admissions option will be encouraged to use the WNEC library and support programs, engage in frequent contact with faculty and advisors, and to attend campus events. Students will also be eligible for scholarships at WNEC.
