Home Posts tagged Insurance (Page 31)
Departments

ADDY Awards

The Advertising Club of Western Mass. staged its annual ADDY Awards on March 18 at CityStage. A total of 141 entries were received from 31 agencies, companies, and individuals in Western Mass., and 32% of the entrants received awards. Above, Rob and Damia Stewart of Rob & Damia Design receive their award for Best in Show (for ‘Transit Authority Figures Poster Campaign’) from Barbara Perry, Ad Club president. At left, Amy Scribner, assistant vice president and senior marketing administrator for Hampden Bank, accepts an ADDY from Perry for one of the bank’s 2009 ad campaigns.


Safety First

Jewish Geriatric Services (JGS) was recently recognized with the 2009 Leadership in Safety Award by CNA HealthPro, a leading health care insurer. The award honors an organization with a commitment to patient/resident safety and a leadership team that consistently demonstrates efforts to improve the quality and safety of care services. It was presented by Bruce Dmytrow, vice president of CNA Global Specialty Lines, to JGS leadership and senior staff. Representatives of FieldEddy Insurance, partners in this effort, also attended. Pictured are, from left, FieldEddy representatives Kevin Munsell, Teresa Petit de Mange, and Executive Vice President Timothy Marini; Alan Rosenfeld, JGS president and CEO; Linda Donoghue, JGS COO and CNO; Dmytrow; Martha Finkel-Ceppetelli, vice chairman of the JGS board of directors; Mary Ryan, CNA risk introduction consultant; and Michael Hurwitz, chairman of the JGS board of directors.

Departments

Helping Hand

Employees of the Springfield office of the Department of Workforce Development were moved by the needs of the people of Haiti following the Jan. 12 earthquake. Over a period of one week, staff volunteered their time to host a ‘goodie sale’ in the workplace, raising $730 for the Haiti Relief and Development Efforts with the American Red Cross. Here, Department of Workforce Development employees Marion Smreck (left) and Linda Luckey (right) present the donation to Paige Thayer, deputy director of Chapter Support for the American Red Cross Pioneer Valley Chapter.


Safety First

Jewish Geriatric Services (JGS) was recently recognized with the 2009 Leadership in Safety Award by CNA HealthPro, a leading health care insurer. It was presented by Bruce Dmytrow, vice president of CNA Global Specialty Lines, to JGS leadership and senior staff. Representatives of FieldEddy Insurance, partners in this effort, also attended. Pictured are, from left, FieldEddy representatives Kevin Munsell, Teresa Petit de Mange, and Executive Vice President Timothy Marini; Alan Rosenfeld, JGS president and CEO; Linda Donoghue, JGS COO and CNO; Dmytrow; Martha Finkel-Ceppetelli, vice chairman of the JGS board of directors; Mary Ryan, CNA risk introduction consultant; and Michael Hurwitz, chairman of the JGS board of directors.


The Big Picture

Members of the Geitz family gather around the portrait of Dr. Robert C. Geitz, second president of Springfield Technical Community College. The portrait, unveiled at a reception on Feb. 21, will be hung in Garvey Hall alongside the portraits of other presidents and school founders.


Healthcare Workforce Partnership

The Healthcare Workforce Partnership of Western Mass., a collaborative of area employers, workforce-development leaders, and education providers, staged a legislative gathering on March 5 to provide a progress report on the partnership’s efforts to address projected workforce shortages in many health care fields. The highlight of the gathering was an address by Robert Calaf (above, center), who overcame long odds to become a patient care technician at Baystate Health. He’s seen with representatives of many of the groups that helped him transition into a career in health care. From left are Rexene Picard of FutureWorks; Ann Peterson of the Mass. Career Development Institute (MCDI); Amy Rist of Baystate Health; Chanel Azito, Calaf’s girlfriend and also a participant in the patient care technician program; Calaf; Ivette Cruz of the Puerto Rican Cultural Council; Jean Jackson of Baystate Health; and Tim Sneed of MCDI. Below, left, are three of the featured speakers at the event: from left, Mary Walachy, executive director of the Irene E. & George A. Davis Foundation; Jean Jackson, vice president of Workforce Planning at Baystate Health; and Kelly Aiken, director at Health Care Initiatives for the Regional Employment Board of Hampden County. Below, right, audience members listen to Aiken’s update on job opportunities in health care.

Departments

Comcast Offers Online Storage Solutions

SPRINGFIELD — Comcast Corp. recently launched Secure Backup & Share to help its high-speed Internet customers reduce their risk of losing important files that are saved on their computers. As physical belongings once stored in shoeboxes and manila file folders are now in the form of digital files spread across various computers and smart phones, there is a need for online backup that will protect one’s valuable files and ensure they will be available from just about anywhere at any time, according to Doug Guthrie, senior vice president of Comcast’s Western New England Region. Guthrie noted that Secure Backup & Share is embedded into the high-speed Internet service so customers can retrieve and share personal digital media from any Web-enabled or wireless device. Features of Secure Backup & Share include files being stored remotely, which can be restored in the event of human error, fire, or natural disaster; and convenient sharing, allowing customers to share their photos, videos, music, and documents with family and friends. Guthrie also noted that Comcast high-speed Internet customers automatically receive 2 GB of storage included with their subscription. Comcast packages also include a 50 GB storage plan and a 200 GB storage plan. For more information, visit www.comcast.net/backup.

PeoplesBank Branching Out to Seniors

HOLYOKE — PeoplesBank hopes to open two branches at local complexes for senior citizens in the coming months. Bank officials recently applied to the Federal Deposit Insurance Corp. and the state Division of Banks for permission to open branches at Reeds Landing, 807 Wilbraham Road, Springfield; and at Glenmeadow, 56 Burns Meadow Road, Longmeadow.

Baystate MRI Opens New Facility

SPRINGFIELD — The Baystate MRI and Imaging Center recently opened its doors at 80 Wason Ave. with 3 Tesla technology (3T), enabling physicians to see and interpret scans at a level of detail never seen before. The new location will house three open-bore MRI units, including a Siemens Open Bore 3 Tesla MRI device, which Dr. Richard Hicks, director of MRI for Baystate MRI and Imaging Center, says delivers an unprecedented level of detail in its images while also enabling patients to receive their scans in greater comfort. Hicks also serves as chief of Neuroradiology at Baystate Medical Center. Hicks added that, from neurology to orthopedic imaging, he expects to be able to detect and diagnose a range of health issues faster and more effectively. Magnetic-resonance imaging uses a magnetic field and radio waves to obtain images of the internal structure of a patient’s body. MRI is useful in helping physicians detect tumors, infection, vascular disease, and internal bleeding, among other problems. The digital images from an MRI can be easily relayed between doctors and other providers, helping to ensure every caregiver treating a patient has access to the most up-to-date and detailed assessment of that patient’s circumstances, according to Hicks. With a sizable opening, the open-bore devices can accommodate patients who might have struggled getting MRIs in the past, noted Hicks, adding that the new technology provides comfort for people who are claustrophobic, pediatric patients, and people of size. Baystate MRI and Imaging will also offer the newest PET/CT (positron-emission tomography/computed tomography) technology available at the site. PET/CT is used primarily in oncology and brain-imaging applications and is useful in identifying abnormalities, while also offering faster scans and an open design for patient comfort. Baystate MRI is a partnership between Baystate Radiology and Imaging Inc. and Shields Health Care Group, which provides MRI services across Central and Southern New England.

Paratemps Inc. Celebrates 20 Years

SPRINGFIELD — Marge Fauteux, president and founder of Paratemps, Inc., celebrated 20 years in business in February. The legal and corporate staffing service specializes in offering temporary, temp-to-hire, and direct-hire placement throughout Western Mass. and Northern Conn. Fauteux is a member of the Professional Legal Advisory Board at BayPath College, Longmeadow, and a member of Wilbraham BNI (Business Network International). She also serves as a director for BNI Western MA.

WNEC Students Excel in Tax Challenge

SPRINGFIELD — Western New England College (WNEC) School of Law students swept the top awards in a National American Bar Assoc. contest designed to give students an opportunity to research, write about, and present their analyses of “real life” tax-planning problems. Brendan Sponheimer of Orange, Conn., and James Murtha of Manchester, Conn., were awarded first place overall at the American Bar Assoc. Section of Taxation’s 2009 Law Student Tax Challenge in San Antonio. A second WNEC team, Neill O’Brien of East Longmeadow and Casey Nunez of Princeton, were honored for the best written submission. Professor of Law Frederick Royal served as coach of both teams, which competed in the competition’s juris doctor division. This is the second time in the competition’s nine-year history that WNEC School of Law students have been named overall champions. The tax challenge was developed to reflect everyday tax issues that might arise for practitioners. Forty-three teams from 34 law schools across the country competed in the J.D. division, tackling a complex tax planning problem that involved individual and business entity issues.

Bay State Gas Receives OK for Energy Plan

WESTBOROUGH — The Mass. Department of Public Utilities (DPU) recently approved a three-year energy-efficiency plan by Bay State Gas. The 2010-12 approved plan is a new initiative in response to the Mass. Green Communities Act (GCA), and follows months of rigorous discussion, participation, and negotiations with the Energy Efficiency Advisory Council (established by the GCA) and other interested stakeholders. The DPU order commences a new era of prudent energy management and consumption, addresses the challenges of climate change, and fosters growth in jobs and economic output within the state. Bay State’s plan includes participation in a comprehensive framework comprised of all utilities and energy-service providers in the state to deliver enhanced energy-efficiency services, and acquisition of all available energy-efficiency and demand-reduction resources that are cost-effective. Derek Buchler, manager of the company’s energy-efficiency department, noted that never before has there been such a coordinated effort among the state’s gas and electric distribution companies, all focused on achieving accelerated levels of energy savings in a three-year period. Buchler added that Bay State’s energy-efficiency programs will dramatically increase from a $7.9 million annual budget to more than $56 million over the next three years. The new programs will install energy improvements that will achieve savings for years to come, enabling Bay State customers to realize savings of more than 181 million therms of gas over the life of measures installed. This is the equivalent of heating approximately 178,797 homes for one year and equates to net benefits of more than $135 million, according to Buchler. Steve Bryant, president of Bay State Gas, added that the company is “extremely proud” to be part of this important and ground-breaking energy-efficiency initiative. Bryant noted that the new plan will provide customers with easy, affordable ways to control and reduce energy consumption.

Pittsfield Chosen for WMECO Solar-energy Site

SPRINGFIELD — Western Mass. Electric Company (WMECO) recently announced its plan to develop the first of several large-scale solar energy facilities. The selected site on Silver Lake Boulevard combines two parcels of land owned by WMECO and the Pittsfield Economic Development Authority (PEDA) at the William Stanley Business Park. The eight-acre site will accommodate up to 1.8 megawatts (MW) of solar capacity. WMECO officials joined local officials and PEDA representatives in announcing the agreement to combine these brownfield properties into one of the largest solar facilities in New England. The Commonwealth has a goal to install 250 megawatts of solar by 2017. Under the landmark Green Communities Act, each Massachusetts electric utility may own up to 50 MW of solar generation, subject to approval by the Department of Public Utilities (DPU). WMECO is currently authorized to install 6 MW of solar. The company’s solar program reflects a close collaboration with the attorney general’s office and other key Massachusetts and industry stakeholders. WMECO’s Silver Lake Boulevard project combines a six-acre parcel owned by the utility and a two-acre parcel in the William Stanley Business Park. A WMECO substation is situated between the two parcels, providing an efficient connection to the utility’s local distribution system. Large-scale solar-energy facilities are still relatively new to Massachusetts and New England. Approximately 10 MW of solar generation is currently on-line in the Commonwealth. Comprised of approximately 1,100 individual photovoltaic systems, the largest one is approximately 500 kilowatts (0.5 MW). WMECO’s first solar project can be as large as 1.8 MW, and the company expects it to cost considerably less than existing photovoltaic systems. The project will bring $10 to $12 million of construction to the region and is expected to contribute more than $200,000 of annual property-tax revenue to the city of Pittsfield. Pittsfield is one of the two Gateway Communities in WMECO’s service territory and is home to some 24,000 WMECO customers. Local permitting for the project is underway, and WMECO expects to begin construction in the second quarter of this year. The company continues to evaluate other sites for the remaining scope of its 6 MW solar program. WMECO’s solar program focuses on larger-scale facilities (1 MW or greater), emphasizing landfill, brownfield, and utility-owned properties as ideal locations. Such properties typically have few alternative uses and are compatible with the construction of solar-energy facilities. WMECO also seeks to develop the market for larger-scale solar facilities; the company’s program makes extensive use of competitive bidding and relies heavily on the expertise of the solar industry. WMECO has currently qualified 16 solar firms to bid on its projects. The company is also evaluating 25 sites owned by municipalities and private developers located in WMECO’s service territory. The company expects to draw upon these prospective sites as it develops additional projects during 2010. WMECO will complete the remainder of its 6 MW program by 2012. WMECO is part of the Northeast Utilities System.

Features
Webber & Grinnell Agency Makes a Policy Statement
Fine Lines and Fine Print

At left: Rich Webber (left) and Bill Grinnell examine a policy in their newly designed conference room. At right: Bill Grinnell (left) trains salesman Matthew Geffin to cull policies for details that could present future problems.

Bill Grinnell calls it “copy, quote, and pray.” That a phrase he’s contrived to describe how many insurance agencies conduct business. He says things are different at the agency he owns with partner Rich Webber. There, the focus is on being an effective and trusted advisor — and on making sure clients understand the details often buried in an 80-page business policy.

Bill Grinnell was sitting at his desk and reading the motivational quote from the most recent edition of a national newsletter called the Business Digest, news and notes from which he shares with his clients. “If you’re not sure where you are going,” it reads, “it’s possible you’re on the right road.”

Grinnell is a marathon runner and president of Northampton-based Webber & Grinnell Insurance. His partner, treasurer Rich Webber, is also a marathon runner and ironman triathlete. And although they are experts in the insurance field, they have chosen to take an uncharted road to success and to ensure that both they and their clients end up as winners.

Their expertise lies in uncovering potential roadblocks in the technical and detailed aspects of insurance policies. But since their lifestyles are focused on fitness, they also take the business health of their clients seriously. To that end, they offer a plethora of seminars, informational programs, and other non-typical services, such as the faxed copy of Business Digest (sent, as part of the company’s subscription, to major clients), as well as hotlines established to circumvent problems and help clients move toward excellence in their fields of endeavor.

“It’s not just about taking someone’s policy, photocopying it, and offering a quote that is less than what they were paying,” Grinnell said. “We want to become a trusted advisor to our clients and have relationships at deeper levels. We want to touch them in a valuable way and do more than just deliver a bill. It’s what I enjoy most about this job and what makes it fun.”

But although that’s important, Grinnell, the unofficial spokesperson for the partnership, said it’s the inner workings of what this firm does that sets it apart from the pack. “We really consider ourselves students of the insurance business,” he told Business West. “We really understand and have a solid grasp of 80-page business policies. When the time comes for a claim, you need to be able to understand the fine print and pitfalls within the language. Most of our success is a result of examining the client’s current program and finding issues in their policies. There’s a lot that gets missed by agencies that are not as architecturally savvy as we are. The devil is in the details.”

Inside View

The partners’ skills at wading through the fine print were derived from their early training.

After graduating from college in 1984 with a business degree, Grinnell landed a job with United States Fidelity and Guarantee Insurance in Boston. He received in-depth training there, which provided him with advanced knowledge of how policies are constructed.

“Rich had a similar training experience at Aetna as an underwriter,” he said. “So we understand the other side of the fence, and that experience is invaluable. It really strengthens our negotiating position, as, having sat in that chair, we know how it works.”

In fact, Grinnell attributes most of the company’s success to an ability to carefully examine policies. Although they expect clients to read their policies, “we don’t expect the average person to understand them,” he said.

Grinnell took over his father’s agency in 1997, purchasing what was then known as Woodward and Grinnell. He teamed up with Webber, and they began taking steps to transform the way business was done. “I’ve always been in sales, and Rich is the inside guy who takes care of the office adminstration, technology, and relationships with our larger carriers,” Grinnell said.

They take a different approach to what Grinnell sees his competitors doing, which he refers to as “copy, quote, and pray. They copy a policy, give a quote, and pray they get the business,” he said. “We really examine the fine line of the details coverage and look for gaps and errors. We are very technical, and 65% of the time we find significant mistakes.”

One of their areas of expertise is workers’ compensation. “We find gaps in coverage that we are able to negotiate very effectively with companies,” Grinnell said. “Workman’s comp is one of the largest expenses a company faces, and many policies are fraught with mistakes and errors in classification or experience modification calculations.”

Over the past two years, the partners have built a suite of additional services to help better serve clients. “We contracted with people to have an OSHA hotline and a human-resources hotline,” Grinnell said, adding that companies may need advice on matters such as how to handle the dismissal of an employee. They also introduced a workers’ compensation hotline manned by an attorney in that field, “so people can understand the often-contentious process of a claim or how to handle a situation where a worker is seeking additional damages or fraud is suspected,” Grinnell said. “Other agents we know don’t offer these services. But we are trying to reach above and beyond what is traditional, and we are having some great success.”

Seminars are also on the company’s menu of services, ranging from the fundamentals of selling to a human-resource workshop on hiring rights. “We have held business-builder seminars and have a leadership seminar coming up, for owners or key management people, that will focus on the emotional intelligence of the leadership team,” Grinnell said.

Faxing daily copies of Business Digest to clients is something Grinnell enjoys. “People love it. If we miss a day, we get phone calls about it,” he said. “Some of our clients read the motivational quote in it to their employees each day.”

His firm also uses it as a marketing tool. “We send it out to prospective clients to try to get them hooked,” he said. “In this day and age, you definitely need to differentiate yourself, and we feel that what we are doing is a cut above our competitors. Plus, it’s fun to see people get fired up at seminars.”

Inner Sanctum

Employee attitude and appearance are important to Grinnell and Webber. The partners recently made improvements to their King Street office, which include paving the parking lot, new landscaping, new signage, and a newly designed conference room, where a timeline of photographs showcase their agency’s history from its beginnings in 1849.

Continuing education for their employees is also a priority. “It’s something we have really focused on in the last 10 years,” Grinnell said. “They need to be efficient as they do the behind-the-scenes work. We have raised the bar many times over in what they are capable of doing and the type of questions they can answer.”

Their commercial-line department meets weekly, and there is often an instructional component to those gatherings. “Everyone has to set educational goals, and we have a review process that everyone undergoes,” Grinnell said.

The partners hired a consultant a few years ago who measured aspects of their business, and when a problem with communication was uncovered between Grinnell, Webber, and their employees, they initiated quarterly meetings with them.

“Rich and I share financial information with our staff about where we are growing and shrinking and what is going on,” said Grinnell. “We talk about changes in staffing so they don’t open up a newspaper and see an ad for a job here in the paper. We don’t want people working in an environment where they don’t know what is going on.”

Their beliefs in keeping healthy and informed also extend to the community, and they have sponsored golf tournaments, a room at Cooley Dickinson Hospital, and Northampton’s Hot Chocolate Run, which benefits Safe Passage, a shelter for battered women, in addition to involvement with the Employers Assoc. of the NorthEast.

It’s just one more step on their road to success and what Grinnell describes as “a sense of real satisfaction.”

Features
Inside Baystate?s Cardiovascular Rehab & Wellness Program
Life after the Big Scare

Robert Berry says some people continue to use the exercise room as their health club even long after being hospitalized for heart problems.

Robert Berry says the name of Baystate Health’s Cardiovascular Rehab & Wellness Program is important.

Sure, the rehabilitation aspect gets people who have suffered a heart attack or other cardiac event back on their feet, but the wellness side is equally crucial — teaching them how to maintain good habits so their acute cardiac issues don’t return.

“If you come into the hospital with a heart attack, or if you’ve had bypass surgery, valve surgery, a heart transplant, things like that, we’ll help you prevent complications like pneumonia,” said Berry, program manager. “We’ll also talk to you about what the risk factors are for heart disease and how you can prevent something like this from happening again.”

Berry calls the program, located in a sprawling facility on Main Street in Springfield, “ridiculously underutilized,” with about one out of five patients who qualify actually using it.

He said most people are also unaware that they can make Baystate their health club, with all the exercise equipment and guidance they need, but with trained medical professionals always on hand if something goes wrong.

“People think if they’re moving, they’re exercising, when they’re just waving their arms around like Robbie the Robot from Lost in Space,” Berry said. Seeking guidance from the Cardiac Rehab & Wellness Program, he argued, is a far better option for not only staying in shape, but staying out of the hospital. “We’re positively affecting people’s lives.”

Something for Everyone

Berry and his staff are making that impact in three distinct phases, each with its own goals. Phase 1 is for inpatients who are recovering from a heart attack or surgery and involves imparting that crucial information Berry mentioned about lowering risk factors and stabilizing one’s heart health.

The second phase — like the first, typically covered by insurance — lasts for between six and 12 weeks and is designed to help people recovering from a heart attack or heart disease to learn how to return to their former activity level, or close to it, and craft a plan to do so.

“Education is important,” Berry said. “Where we differ from traditional rehabilitative services is, the physical therapist doesn’t spend a lot of time telling you how not to tear your rotator cuff again. We say, ‘your cholesterol is 232; that’s way too high. What can we do to bring it down? These are your goals.’

“We also do some work with depression because a lot of people are understandably depressed right after a cardiac event, and depression is huge risk factor for another cardiac event,” he continued. “We screen everyone for depression when they come in, and if we find anybody who’s scoring too high and not being treated, we ask them if they want to see a psychologist, and we give their primary care physician a heads-up.”

Patients obtaining phase 2 services include those recovering from angioplasty, stenting, bypass surgery, heart-valve surgery, and heart transplants, as well as heart attacks.

“The goal is to get people to understand how their behaviors are interfering with their health — exercise habits, dietary habits, how they deal with anger and stress, all those things impact your health. We help people understand all those things, so when they leave here, they know the basics of a good diet, how much exercise they should be doing, and what changes they should make in their routine. With that information, they might either go to Planet Fitness or the YMCA … or stay here.”

Berry was referring to phase 3, the maintenance phase of cardiac rehab, which is paid for out of pocket. Many people use the program in place of a gym or health-club membership because they feel more comfortable in that environment. For one thing, the entire staff is certified in advanced cardiac life support, and know how to use the crash cart, with its array of emergency equipment, in the corner of the room. Meanwhile, Baystate cardiologists have offices across the hall.

“If something goes wrong, we’re equipped to handle it,” Berry said. “It’s like the military: you plan for something, and hope you never have to use it. People here like having that safety net.

“We have a 96-year-old who comes here and exercises,” he continued. “Phase 3 is a commercial gym in a hospital environment. We have 4,000 square feet of space out there. It’s huge.”

Parental Advice

“Our focus on education is what really sets us apart from commercial gyms,” Berry said. “We’re not trying to compete with commercial gyms; we’re not after the same people.”

That said, he argued that Baystate’s program is better-equipped to help people, even those not recovering from a heart attack or surgery, understand the relationship between health and habits.

“You have to be careful because certain medical conditions affect your response to exercise,” he said. “All Planet Fitness can really do when something happens is call 911. We’re trained for more than that.”

Throughout the process of recovering and maintaining good health, Berry says the goal is to instill lifelong habits.

“Implicit in lifestyle change is the idea that these have to be changes you can live with,” he told BusinessWest. “If you just do it for three months or six months, then go back to your old habits, your old medical conditions are going to come back.”

The key, Berry said, is balance and setting firm but realistic goals.

“I don’t want you walking out of here thinking you have to eat celery stalks and tofu for the rest of your life, but I also don’t want you to eat every meal at McDonald’s,” he said. The same goes for exercise, which some experts recommend 60 to 90 minutes, five days a week. “I believe in this, and I don’t have time to do that,” he added.

“I tell you the same things your parents would tell you; I just have to find new, interesting ways to say it. The basic message is to eat less and move more. We have to find ways to motivate people to incorporate that into their lifestyle.”

Other aspects of the Cardiac Rehab & Wellness Program include heart-healthy cooking, smoking cessation, and stress reduction, all areas that can impact heart health. In all cases, Berry wants to ease people into what he hopes will become lifelong habits.

“I have a strong preference for starting people off pretty easy, where they are, and for some that might be a treadmill at 1 mph with no elevation for three minutes, and then sit down for two minutes, then get back on for three more minutes,” Berry said. “The reason for doing that is, I want people to have a good experience when they come in here. I can’t do more with them if they don’t come back.”

He encourages the same small steps getting readjusted to the outside world. If someone is able to work up to walking around Stop & Shop, grocery shopping at his own pace, without getting tired, that’s a goal to be commended.

The idea is to gradually get people to a place where they’re comfortable with maintaining a certain diet and exercise regimen even if they stop coming to the Baystate program — not that anyone has to stop coming. Just ask the 96-year-old.

Joseph Bednar can be reached at[email protected]

Departments

Rise in Jobless Claims Surprises Analysts

WASHINGTON — In the week ending Feb. 13, the advance figure for seasonally adjusted initial jobless claims was 473,000, an increase of 31,000 from the previous week’s revised figure of 442,000. The four-week moving average was 467,500, a decrease of 1,500 from the previous week’s revised average of 469,000. The advance seasonally adjusted insured unemployment rate was 3.5% for the week ending Feb. 6, unchanged from the prior week’s unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending Feb. 6 was 4,563,000, unchanged from the preceding week’s revised level. The four-week moving average was 4,585,750, a decrease of 24,000 from the preceding week’s revised average of 4,609,750. The fiscal year-to-date average for seasonally adjusted insured unemployment for all programs is 5.24 million. The advance number of actual initial claims under state programs, unadjusted, totaled 476,730 in the week ending Feb. 13, a decrease of 30,850 from the previous week. There were 619,951 initial claims in the comparable week in 2009. The advance unadjusted insured unemployment rate was 4.3% during the week ending Feb. 6, a decrease of 0.1% from the prior week. The advance unadjusted number for people claiming unemployment-insurance benefits in state programs totaled 5,539,706, a decrease of 150,689 from the preceding week. A year earlier, the rate was 4.5%, and the volume was 5,972,146. Extended benefits were available in Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin during the week ending Jan. 30. States reported 5,797,875 persons claiming EUC (emergency unemployment compensation) benefits for the week ending Jan. 30, an increase of 304,748 from the prior week.

Bright Nights Has Successful Holiday Season

SPRINGFIELD — Spirit of Springfield (SOS) officials recently noted that the 15th season of Bright Nights at Forest Park was a success, contributing close to $350,000 in payments to the city for traffic control, labor, and its annual licensing fee. SOS President Judith A. Matt noted during an appreciation breakfast that the holiday lighting display drew 36,240 cars, a 12% increase over the 2008 season, as well as 298 buses. SOS estimates that Bright Nights also infuses more than $7.5 million into the region through its hotels, shops, and restaurants, as well as money paid to city workers, vendors, and staff, during the 35-night run, Matt noted. The lighting display is expected to be dismantled by the first week of March, she added.

Leadership Holyoke Applicants Still Sought

HOLYOKE — The 11-week Leadership Holyoke program, co-sponsored by the Greater Holyoke Chamber of Commerce and PeoplesBank, begins March 4. Holyoke Community College faculty members and community leaders participate in each weekly, half-day session of Leadership Holyoke. Topics are related to the elements involved in being an effective volunteer leader. For more information and enrollment applications, call the chamber office at (413) 534-3376.

United Way Seeks Nominees for Recognition

SPRINGFIELD — The United Way of Pioneer Valley is seeking nominees for its annual awards program, which honors volunteers and organizations for contributing the most to improve the lives of Pioneer Valley people and to strengthen communities. Nominating someone or a business or organization is as easy as submitting a name and a brief justification explaining why the person nominated should receive a United Way award. This is the first year the United Way has expanded the nomination process to include nominations from any member of the public, according to Dora D. Robinson, president and CEO. Robinson noted that it is important to encourage the public to recognize outstanding volunteer service — individuals, businesses, and nonprofits that have proven their concern and compassion for their neighbors with acts of kindness. The award categories are: Spirit of Caring Award, honoring an individual who has demonstrated uncommon leadership and compassion while improving the community; Champions of Hope Award, honoring a local corporation or business that values and nurtures community relationships and is a catalyst for positive change in the community; and the Kevin Hamel Community Building Award, honoring a nonprofit that serves the community with the highest possible integrity and values honest and transparent practices. People are not limited to one nomination. Citizens can submit as many nominees for as many award categories as they believe are appropriate. Nominations can be sent to Linda Valentini, preferably by e-mail at [email protected], or by faxing to (413) 788-4130. For more information, visit www.uwpv.org.

Departments

UMass Gets OK for Law School

BRIDGEWATER — The Mass. Board of Higher Education voted unanimously on Feb. 2 to approve the application by UMass Dartmouth to award the Juris Doctor, the first professional degree in the study of law. The approval comes one week after discussion of the application at the Board’s Assessment and Accountability Committee meeting in Worcester, including public testimony from approximately 30 individuals, most of whom spoke in favor of the application, and after a positive recommendation from staff at the Department of Higher Education. Gov. Deval L. Patrick praised the board’s decision, noting in a release, “this is another historic moment in education for the Commonwealth. Yesterday’s unanimous vote to approve the law program at the University of Massachusetts is a victory for our students and their families. I’m thankful to the Board of Higher Education, the University of Massachusetts system, and the Southern New England School of Law for all of their thoughtful work and effort to make an affordable public opportunity to aspiring young people in the Commonwealth.” Following last week’s committee meeting, the Department completed its analysis of the university’s proposal and recommended approval of the application. Staff found that the proposed UMass Dartmouth Juris Doctor met review criteria, and that the university will be able to start and operate a law school that will achieve American Bar Assoc. accreditation in a reasonable time frame, presuming it will attain its enrollment goals and prudently utilize associated financial resources. The university’s proposal was made possible in part by an offer from the neighboring Southern New England School of Law to donate its buildings and assets to facilitate UMass Dartmouth being able to offer a Juris Doctor. The Southern New England School of Law will file for institutional closure with the Department of Higher Education within 90 days following the spring 2010 student graduation. UMass Dartmouth intends to invite current SNESL students, faculty, and staff to study and work at the new UMass Dartmouth law program. With this program approval, the university is authorized to enroll its first class in the fall 2010 semester. In spring 2013, upon graduating the first class of first-year students in the Juris Doctor program, the university will submit to the Board a status report addressing its success in reaching program goals and in the areas of enrollment, curriculum, faculty resources, program effectiveness, and accreditation status.

Brightside Closing Some Programs

WEST SPRINGFIELD — The residential and school programs of Brightside for Families and Children will cease operations by April 2. Since its founding in 1881, Brightside has repeatedly evolved to meet the changing needs of the community, and for the past few years, supported the residential treatment and school program at a census level that was significantly less than half of its capacity. Despite extensive efforts by the Brightside management team to increase referrals, there was no expectation that census levels could improve to viable levels. Additionally, company officials note that funding sources are not available to place children in residential programs like Brightside. More than 130 positions will be eliminated due to the closure of these programs, and affected employees can apply for any open position within the Sisters of Providence Health System for which they may qualify. Brightside’s Family Stabilization Team (FST) will continue to provide outpatient services as they work to integrate Providence Behavioral Health Hospital’s Child and Adolescent inpatient (CHAD) and Acute Residential Treatment (ART) programs with the FST program.

Girls Inc. Joins National Investment Challenge

HOLYOKE — Girls Incorporated of Holyoke is one of two Girls Inc. organizations to join the ING-Girls Inc. Investment Challenge, an innovative nationwide program launched last year that gives girls practical, hands-on investing experience while allowing them to keep their gains in the form of college scholarships. With the help and guidance of trained Girls Inc. staff and ING employee volunteers, teams of girls build and manage diversified, real-time portfolios as part of an integrative investment and economic-literacy curriculum. All portfolios are managed and tracked using a state-of-the-art online-trading platform that allows the ING-Girls Inc. Investment Challenge participants to track their performance, absolutely and relative to the other challenge teams. After three years, two-thirds of any gains in the portfolio will be paid by the ING Foundation to the girls in the form of Girls Inc. scholarships for post-secondary education; one-third of the gains will be given to the local Girls Inc. affiliate to support local programming. The original $50,000 principal will then be reassigned to the incoming team. Girls in the ninth grade in the Greater Holyoke area are welcome to participate in the program. For more information, contact Sarah Dunton, director of youth development programs at Girls Inc. of Holyoke, at (413) 539-4505.

Slight Growth Seen in Services Sector

TEMPE, Az. — Economic activity in the non-manufacturing sector grew in January, according to the nation’s purchasing and supply executives in the latest Non-Manufacturing ISM Report on Business. The NMI (Non-Manufacturing Index) registered 50.5% in January, 0.7 percentage point higher than the seasonally adjusted 49.8% registered in December, indicating growth in the non-manufacturing sector. The Non-Manufacturing Business Activity Index decreased 1 percentage point to 52.2%, reflecting growth for the second consecutive month. The New Orders Index increased 2.7 percentage points to 54.7%, and the Employment Index increased 1 percentage point to 44.6%. The Prices Index increased 1.6 percentage points to 61.2% in January, indicating an increase in prices paid from December. According to the NMI, four non-manufacturing industries reported growth in January. The four industries reporting growth are other services, utilities, information, and wholesale trade. The 11 industries reporting contraction in January — listed in order — are arts, entertainment, and recreation; mining; retail trade; transportation and warehousing; management of companies and support services; professional, scientific, and technical services; health care and social assistance; finance and insurance; educational services; public administration and accommodation; and food services. The report is based on data compiled from purchasing and supply executives nationwide.

Documentary Explores Holyoke’s Roots

HOLYOKE — Interviews with local leaders, business owners, entrepreneurs, artists, and young people bring the past and the present of the City of Holyoke to life in a new documentary, Creating Holyoke: Voices of a Community. The documentary will premiere on March 22 on WGBY, and copies are available at the Wistariahurst Museum Gift Shop for $17.95. Written by Priscilla Kane Hellweg and Rachel Kuhn of Enchanted Circle Theater and Kate Navarra Thibodeau, former city historian for Holyoke, the documentary tells the story of Holyoke’s rich history. The documentary was funded by the National Endowment for the Humanities, the Nan and Matilda Heydt Fund, and WGBY, and was produced by Navarra Thibodeau. For more information, visit www.creatingholyoke.org.

UMass Endowment Ranks in Top Quartile of Investment Returns

BOSTON — Despite a challenging environment, UMass turned in an endowment performance in fiscal year 2009 that ranked in the top quartile of American colleges and universities reporting performance for one-, three-, and five-year returns, according to the National Assoc. of College and University Business Officers (NACUBO). The data came from in-depth surveys of 842 U.S. institutions of higher learning, including public and private colleges and universities, their supporting foundations, and community colleges that participated in the 2009 NACUBO-Commonfund Study of Endowments. Based on change in market value, UMass placed seventh among universities with endowments of $100 to $500 million and 53rd overall, losing only 4.6% of its overall market value. The UMass endowment, which stood at $367 million at the close of FY09, turned in investment performance of -15% last year against an average of
-18.7%, and returned three- and five-year returns of 3% and 4.7%, placing it in the top quartile for performance for those periods.

Study: Struggles Remain For Those Seeking Emergency Food Aid

HATFIELD — A landmark study recently released by the Food Bank of Western Mass. and Feeding America, the nation’s largest domestic hunger-relief organization, reports that more than 91,000 people, including 32,000 children, receive emergency food each year through the Food Bank and its network of food pantries, meal sites, and shelters. In Western Mass., this represents a 22% increase in the number of residents seeking emergency food assistance since 2006, the last time the study was conducted. Hunger in America 2010 is the first research study to capture the significant connection between the recent economic downturn and an increased need for emergency food assistance on a local and national level. In this region, more than 65,000 residents are experiencing food insecurity, not knowing where they will find their next meal, according to Andrew Morehouse, executive director of The Food Bank of Western Massachusetts. An estimated 15,000 people receive emergency food assistance each week from a food pantry, meal site, or shelter served by the Food Bank of Western Mass. Morehouse noted that the Food Bank is seeing more people struggling to make choices between food and other basic necessities like rent, utilities, or health care. “We know that nearly three-quarters of all those who seek emergency food assistance are living in poverty and simply cannot make ends meet, so they turn to their local food pantry or meal site for help,” he said in a release. Morehouse added that donors and volunteers have stepped up to help the Food Bank respond to the growing food crisis in Western Mass., including boosting distribution capacity of local partner agencies around the region. The report was based on independent research conducted on behalf of Feeding America by Mathematica Policy Research, a non-partisan social-policy research firm based in Princeton, N.J. A summary of the Western Mass. findings is available at www.foodbankwma.org. The full national report is available at www.feedingamerica.org/hungerstudy.

Unemployment Filings Still Rising

NEW YORK — In the week ending Jan. 30, the advance figure for seasonally adjusted initial claims was 480,000, an increase of 8,000 from the previous week’s revised figure of 472,000. The four-week moving average was 468,750, an increase of 11,750 from the previous week’s revised average of 457,000. The advance seasonally adjusted insured unemployment rate was 3.5% for the week ending Jan. 23, unchanged from the prior week’s unrevised rate of 3.5%. The advance number for seasonally adjusted insured unemployment during the week ending Jan. 23 was 4,602,000, an increase of 2,000 from the preceding week’s revised level of 4,600,000. The four-week moving average was 4,617,500, a decrease of 51,250 from the preceding week’s revised average of 4,668,750. The fiscal year-to-date average for seasonally adjusted insured unemployment for all programs is 5.362 million. The advance number of actual initial claims under state programs, unadjusted, totaled 530,405 in the week ending Jan. 30, an increase of 28,234 from the previous week. There were 682,176 initial claims in the comparable week in 2009. The advance unadjusted insured unemployment rate was 4.4% during the week ending Jan. 23, an increase of 0.1 percentage point from the prior week. The advance unadjusted number for persons claiming UI benefits in state programs totaled 5,665,141, an increase of 62,784 from the preceding week. A year earlier, the rate was 4.3% and the volume was 5,806,901. Extended benefits were available in Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin during the week ending Jan. 16. Initial claims for UI benefits by former Federal civilian employees totaled 1,451 in the week ending Jan. 23, a decrease of 499 from the prior week. There were 1,858 initial claims by newly discharged veterans, a decrease of 554 from the preceding week. There were 26,167 former Federal civilian employees claiming UI benefits for the week ending Jan. 16, a decrease of 59 from the previous week. Newly discharged veterans claiming benefits totaled 35,777, a decrease of 2,059 from the prior week. States reported 5,632,219 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending Jan. 16, an increase of 281,442 from the prior week. There were 1,839,758 claimants in the comparable week in 2009. EUC weekly claims include first, second, third, and fourth tier activity. The highest insured unemployment rates in the week ending Jan. 16 were in Alaska (7.3%), Oregon (6.6), Pennsylvania (6.5), Idaho (6.4), Wisconsin (6.3), Montana (6.2), Michigan (6.0), Nevada (5.7), Connecticut (5.3), North Carolina (5.3), and Washington (5.3). The largest increases in initial claims for the week ending Jan. 23 were in Oregon (+4,336), Puerto Rico (+2,439), and Hawaii (+18), while the largest decreases were in California (-22,674), Michigan (-11,757), North Carolina (-9,546), Georgia (-7,588), and Missouri (-7,577).

Departments

Hampden Bancorp Declares Dividend

SPRINGFIELD — Hampden Bancorp Inc. recently announced a net loss for the three months ended Dec. 31 of $670,000 as compared to a net profit of $190,000 for the same period in 2008. The decrease in net income was primarily due to an increase in the provision for loan losses of $1.5 million for three months ended Dec. 31, compared to the three months ended Dec. 31, 2008. The increase in the provision for loan losses is due to increases in loan delinquencies, increases in non-accrual loans, increases in impaired loans, growth in the loan portfolio, and general economic conditions. The company’s total assets increased $7.2 million, or 1.3%, from $567.7 million on June 30, 2009 to $574.9 million on Dec. 31, 2009. Net loans, including loans held for sale, increased $21.7 million, or 5.6%, to $409.3 million on Dec. 31, 2009, and securities decreased 6.7% or $7.7 million, from $116.1 million to $108.4 million as of Dec. 31, 2009. Deposits increased $22.9 million, or 6.0%, to $404.4 million on Dec. 31, 2009 from $381.5 million on June 30, 2009. Thomas R. Burton, president and CEO, noted he was disappointed to be reporting a loss; however, he added that the bank’s strong capital position leaves it “well-postured” to weather the difficult economic storm and to capitalize on opportunities as they arise. In other news, the board of directors declared a quarterly cash dividend of $0.03 per common share, payable on Feb. 26, 2010, to shareholders of record at the close of business on Feb. 12.

Mercy Offers Latest GE MRI Technology

SPRINGFIELD — Mercy Medical Center now offers the Signa HDx 3.0T MR system, by GE Healthcare, delivering the most advanced detailed images of the human body with increased speed, better resolution, and unique applications. The 3.0T MR scanner is noted for delivering high field strength that provides higher-resolution imaging, according to Dr. Gregory E. Blackman of the Diagnostic Imaging Department. Blackman added that the scanner features allow for more-distinct margins in patients who present with breast tumors, provide more detailed and accurate images of the spine, and greatly facilitate liver and vascular exams. Dr. William Bithoney, chief medical officer for the Sisters of Providence Health System and chief operating officer of Mercy Medical Center, noted that the acquisition of the 3.0T MR scanner is another example of Mercy’s ongoing commitment to delivering outstanding health care through the use of state-of-the-art technology. The MR system provides MRI exams through a joint venture with Alliance Imaging Inc.

Tighe & Bond Receives Award

WESTFIELD — Tighe & Bond recently received an Engineering Excellence Award from the American Council of Engineering Companies of Connecticut (ACEC) for the Route 34 Roadway Improvement Project in New Haven, Conn. The award was presented Jan. 21 at ACEC’s annual awards banquet following a competition open to firms engaged in the practice of consulting engineering in Connecticut. Tighe & Bond developed roadway-improvement concept plans to support the traffic generated by the $467 million Smilow Cancer Hospital at Yale-New Haven, as well as to address existing operational and safety deficiencies along the Route 34 expressway and the frontage roads. The firm completed a comprehensive transportation engineering study required by the City of New Haven and the State Traffic Commission. Improvements to the adjacent roadway network were deemed necessary to mitigate the identified traffic issues. The centerpiece of Tighe & Bond’s design is a modern roundabout, unique in that it is located at the end of the Route 34 Expressway and provides access to a parking garage. Tighe & Bond also prepared the design for other roadway improvements, including highway ramp widening, geometric modifications along the Route 34 Expressway, widening North Frontage Road to provide additional turning lanes, and the design of a new, state-of-the-art traffic-control signal system involving 12 traffic signals operated and monitored by the City Traffic Management Center. Following the completion of the design and issuance of all permits, Tighe & Bond worked collaboratively with Yale-New Haven Hospital and Turner Construction Co. to administer the construction phase of the project. Construction of the $5 million project started in May 2008 and was substantially complete by October 2008, meeting an aggressive five-month construction schedule. Tighe & Bond shared the ACEC award with Yale-New Haven Hospital. In related news, the Route 34 Roadway Improvement Project also received a 2009 Achievement in Civil Engineering Award from the Connecticut Society of Civil Engineers.

GCB Opens Branch in Shelburne Falls

SHELBURNE FALLS — Greenfield Co-operative Bank (GCB) recently observed the grand opening of its newest office at 33 Bridge St. The new full-service office offers a full array of savings and checking services, safe-deposit boxes, residential mortgage loans and home-equity lines of credit, consumer loans, a coin-counting machine, a 24-hour ATM, and a night depository. Through its Web site at www.bestlocalbank.com, GCB also offers customers free 24-hour ‘E-Access,’ providing online banking and bill-paying services. The bank also offers free, 24-hour E-Z Access telephone banking. Additionally, through its GCB Financial Services division, the bank makes available a full line of non-deposit investments such as annuities and life-insurance products through its arrangement with MML Investor Services and Massachusetts Mutual Life Insurance Co. Registered representatives Michael Johnson, assistant vice president; and Sharon Connery, financial services professional, will be available to meet with customers by appointment at the Shelburne Falls office. The new office will also have a community room that the bank will make available at no charge on a reservation basis to nonprofit, civic, and educational groups in the community. GCB is a mutual, cooperative bank with five offices and more than $280 million in assets.

Students Pass Photovoltaics Program

SPRINGFIELD — All of the students who recently completed the Photovoltaic Practitioner Certificate Program at Springfield Technical Community College (STCC) passed the entry-level knowledge exam administered by the North American Board of Certified Energy Practitioners, according to Mary Breeding, assistant vice president at STCC. Breeding added that the program has also been awarded program accreditation by the Interstate Renewable Energy Council. Due to the popularity of this program, Mike Kocsmiersky of SolarWrights Inc. has begun teaching another course through the Center for Business and Technology this month. The Photovoltaic Practitioner Certificate Program is designed for architects, engineers, electricians, general contractors, and those interested in developing a career in photovoltaics. The course provides comprehensive coverage of stand-alone, utility-interactive, and dedicated-load applications for solar electricity. Curriculum development and acquisition of lab equipment is being supported by a $150,000 grant from the Massachusetts Clean Energy Center.

Baystate Rug Receives Award

CHICOPEE — Baystate Rug and Flooring was recently named Mohawk Floorscapes Northeast Flooring Store of the Year. Mohawk chose Baystate Rug based on sales, growth, marketing principles, and best practices. Baystate Rug is a family-owned business that has served both business and residential customers for more than 30 years.

Chicopee Company Updates Its Name

CHICOPEE — Time Plus Payroll Services has changed its name to Pioneer Payroll Services to better reflect the ever-growing list of services it provides to companies. The Time Plus name and brand is the payroll-software and corporate group that Pioneer Payroll Services uses to perform its various payroll and timekeeping services. Pioneer Payroll Services also provides workers’ compensation, an HR Support Center, Pay Card, and electronic timekeeping. The company is located at 21 Old Chicopee St., and early in 2010, it will update its Web site to www.pioneerpayroll.com. E-mail may be sent to [email protected].

Life Laboratories Achieves Accreditation

SPRINGFIELD — Life Laboratories has been awarded accreditation by the College of American Pathologists (CAP), based on a recent on-site inspection. The CAP Laboratory Accreditation Program is recognized by the federal government as being equal to or more stringent than the government’s own inspection program. During the CAP accreditation process, inspectors examine the laboratory’s records and quality control of procedures for the previous two years. Inspectors also examine the staff’s qualifications, lab equipment, facilities, safety program and record, as well as the overall management of the laboratory. The inspection program is designed to specifically ensure the highest standard of care for the laboratory patients.

Life Laboratories employs 230 people and conducted over 2.7 million test results in the past year. In addition to the main laboratory, located at Mercy Medical Center at 299 Carew St., there are 16 patient service centers located throughout Western Massachusetts and Connecticut. An outreach program also services more than 50 long-term care facilities. CAP is a medical society serving nearly 17,000 physician members and the laboratory community throughout the world.

Uncategorized

There were interesting comments coming out of Boston last week concerning state government and what it can do to help businesses navigate their way through this recession and into calmer waters. All we can say is that we hope there is action to back up the words.

In interviews with the Boston Globe, Gov. Deval Patrick, Senate President Therese Murray and House Speaker Robert DeLeo all said essentially the same thing: that the state needs to respond more forcefully to the economic crisis by helping existing businesses and spurring new ones. And, for the most part, they’re right. Things are not going to get any better on their own, at least anytime soon, and in the meantime, businesses continue to close or move and the unemployment rate is climbing ever closer to that 10% mark.

Said DeLeo: “It’s reached a crisis point. We churn hundreds of thousands of jobs a year. If we’re going to recover from this economic downturn, we need to restore our job base and start creating new jobs.”

To do that, Patrick and Murray have specific proposals that range from providing tax credits to businesses who hire new employees, to a freeze on unemployment insurance rates; from consolidation and elimination of some of the more than 30 economic development agencies within the state’s bureaucracy, to creation of regional one-stop centers for business information.

We hope that all of these and more make that often-difficult jump from proposal to reality and constitute what might be considered a good start toward making this state much more business-friendly. That’s because the Commonwealth is widely perceived to be anti-business, and in this case, perception certainly is reality.

Indeed, the Bay State is famous, or infamous, for throwing obstacles in the way of business owners, hurdles that prompt many to look elsewhere when they are thinking of starting or expanding a business. Things are better than they were perhaps 15 or 20 years ago, when the Commonwealth was known as Taxachusetts by the business community, but there is still a long way to go.

The proposals from Patrick and Murray would seem to be some solid steps in the right direction because they address different kinds of obstacles.

Patrick’s planned freeze on unemployment insurance, for example, would save businesses $158 per employee this year, and $391 million statewide. Those are not insignificant numbers when one considers that many small businesses are operating on the edge and without a safety net of any consequence. Meanwhile, his proposed $50 million in tax credits for businesses — $2,500 for every new job created by a business with 30 or fewer employees — would help promote hiring at a time when employers are wary about adding personnel, even when they know they need to, and require some kind of push.

The governor is also looking into ways to limit increases in health-insurance premiums, perhaps by convincing the Legislature to give the state insurance commissioner more power in such matters. Such a step would ease a serious drain on the state’s economy and provide still more breathing room for small-business owners.

As for Murray’s Senate plan, a big piece of it concerns streamlining the many economic-development agencies currently operating in the Commonwealth. Together, they create a different kind of obstacle for businesses, a maze that must be negotiated or, in many cases, not, because it is simply too daunting or confusing.

Unwittingly, state officials have simply created too much business bureaucracy, a bevy of agencies that duplicate efforts, waste taxpayer dollars, and leave business owners confused about where and to whom to turn when they need help.

By simplifying matters, the state will do more than save a few million dollars; it will leave those who own and manage companies in this state better-served and better-able to continue doing business here.

All of this talk sounds very good, and some of it we’ve heard before. As we said at the top, we hope that this becomes so much more than talk.

That’s because this state remains a difficult and expensive one in which to do business, and things must change if the Commonwealth is to achieve real progress.

Departments

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

HAMPDEN SUPERIOR COURT

Comcast Spotlight v. J & J Home Improvement
Allegation: Non-payment of advertising services rendered: $36,605.70
Filed: 12/11/09

Hank J. Lane v. Big Y Foods Inc.
Allegation: The plaintiff bit into a snowflake roll containing a razor, causing injury: $2,598
Filed: 12/29/09

Planned Furniture Promotions Inc. v. John M. Glover Agency
Allegation: Negligent insurance services resulting in substantial pecuniary damages: $90,000
Filed: 12/18/09

TD BankNorth v. Ryan Mortgage Group Inc. and Timothy P. Ryan
Allegation: Non-payment of two promissory notes: $315,025.85
Filed: 12/28/09

HAMPSHIRE SUPERIOR COURT

Kenneth Malinowski v. National Industrial Portfolio, LLC and Westfield Development Associates and The Home Depot Inc.
Allegation: Negligent maintenance of property, causing injury: $346,923.67
Filed: 12/23/09

HOLYOKE DISTRICT COURT

Thomas M. Conway v. Russell’s Automotive and Small Engine Repair
Allegation: Breach of contract to repair motor vehicle: $8,000
Filed: 12/23/09

NORTHAMPTON DISTRICT COURT

Ford Motor Credit Co., LLC v. Eagle Window New England
Allegation: Non-payment of money loaned on a retail installment sales agreement: $5,673.13
Filed: 1/13/10

Old Dominion Freight Line Inc. v. MJ Promotions, LLC
Allegation: Breach of contract for non-payment of shipping services rendered: $12,291.67
Filed: 1/14/10

The H. Lawrence Foster Co. v. Diverse Concrete Services Inc. and Coolidge Northampton, LLC & PM Construction Inc.
Allegation: Non-payment of materials and services and breach of contract: $10,155
Filed: 12/28/09

PALMER DISTRICT COURT

Capital One Bank v. Ghedini Preferred Food Distributor
Allegation: Non-payment of goods and services rendered on a credit-card account: $5,508.80
Filed: 12/10/09

NES Rentals v. Tetreault Masonry Inc.
Allegation: Breach of contract for non-payment of rental equipment: $10,292.20
Filed: 11/27/09

SPRINGFIELD DISTRICT COURT

Abide Inc. v. Superior Plumbing Inc.
Allegation: Non-payment of asbestos-removal services: $5,306.61
Filed: 12/11/09

Comcast Spotlight Inc. v. Game Universe Inc.
Allegation: Non-payment of advertising services rendered: $6,720.89
Filed: 12/9/09

Digi-Key Corp. v. Gibraltes Manufacturing Inc.
Allegation: Non-payment of goods sold and delivered: $21,738.66
Filed: 12/10/09

John Deer Landscapes Inc. v. MC Growers
Allegation: Non-payment of goods sold and delivered: $6,646.79
Filed: 12/17/09

Liberty Mutual Insurance Co. v. Arbor Construction Corp.
Allegation: Non-payment of a workers’ compensation policy: $8,828.16
Filed: 12/11/09

Liberty Mutual Insurance Co. v. Nationwide Rock & Recycle Corp.
Allegation: Non-payment of a workers’ compensation policy: $22,938.85
Filed: 12/11/09

USNE Inc. v. Pananas Grill & Bar Inc.
Allegation: Non-payment of goods sold and delivered: $74,732.39
Filed: 12/11/09

WESTFIELD DISTRICT COURT

Wheeler Oil Co. Inc. v. Timberland Trucking, LLC
Allegation: Non-payment of diesel fuel sold: $9,986.98
Filed: 12/14/09

Uncategorized
New Economy, Old Economy, and Business Costs

Policymakers in Boston and Washington love to paint new-economy jobs as an economic panacea, immune to high taxes, staggering electricity costs, and bureaucratic regulation. They tout — and often subsidize — ‘industries of the future,’ while raising costs for the industries of the present that employ the majority of Massachusetts residents. But the new-economy myth exploded in 2009 as companies that have been poster children for innovation-based economic development in Massachusetts announced major expansion projects in Michigan, the Carolinas, and China.

A recent UMass study found that 70% of technology executives believe Massachusetts must address the cost of doing business, corporate taxes, unemployment insurance, and workers’ compensation. Business costs matter just as much in the new economy as they did in the old.

High-technology, biotechnology, and clean-technology jobs respond to the same economic influences that determine whether any job will provide economic opportunity to citizens of Massachusetts — or to citizens of Michigan or citizens of China. Innovation remains critical to economic growth, but government must also commit to supporting commercialization and the employment opportunities it will create.

Our economic future depends upon the ability of the Commonwealth to create a favorable business environment across all industries. The alternative is an ‘invented here, made elsewhere’ economy that provides opportunity for doctoral-level researchers, but leaves other citizens out in the cold.

That understanding is the foundation of the public-policy agenda of Associated Industries of Massachusetts, which continues to advocate on behalf of employers as Massachusetts enters a new decade struggling to emerge from a protracted economic downturn.

The document calls for an economic policy that balances key public investments with a competitive cost structure that keeps jobs in Massachusetts; a predictable, responsible, and long-term state fiscal policy; uniformly favorable environment for business development across all industries; leadership from business executives to help government resolve important issues; well-conceived and collaborative regulation policies that create measurable benefits; an environment that values contributions made by employers to operate successful businesses that employ state residents; a nimble, world-class education system that provides opportunity for all Massachusetts citizens and the knowledge base for economic growth; and the need for business and government to more fully collaborate in order to ensure mutual success.

Massachusetts employers, even ‘new-economy’ companies, have cause to worry as 2010 begins. They face an immediate 28% increase in unemployment insurance taxes and $44 million in new assessments for the Medical Security Trust Fund, as well as the Legislature’s failure to address flaws in last year’s $192 million Combined Reporting corporate tax increase that has put Massachusetts at the bottom of CFO magazine’s list of places to do business.

A better business climate — not higher business costs — is the key to rebuilding our economy and solving the budget crisis that threatens the ability of state and local government to deliver the services that citizens expect.

Richard C. Lord is president and CEO of Associated Industries of Massachusetts.

Departments

Andrea C. Miller was recently named Manager of the Center for Human Development’s Services and Supported Housing program. The program provides services, treatment, and case management for families in Hampden and Hampshire counties who have experienced long-term homelessness or housing instability.

•••••

Todd B. Speed has been appointed Vice President and Director of Investment Strategy for Berkshire Bank. Speed, a chartered Financial Analyst, will help drive investment strategy including security selection, asset allocation, identification of pertinent investment themes, and implementation of risk-management practices as part of the bank’s asset-management and trust group. He will be based at the bank’s headquarters at 66 West St., Pittsfield.

•••••

Dr. Ziad Kutayli has joined the Department of Surgery at Baystate Medical Center, Springfield, where he will specialize in colorectal surgical services with Dr. Kelly Tyler. Kutayli is a member of the American College of Surgeons, the American Medical Assoc., and the American Society of Colon and Rectal Surgeons. He will see patients at Baystate Surgical Associates, 3300 Main St., Springfield.

•••••

Northwestern Mutual Life Insurance Co. announced the following:
• Kathleen Mary Kane has been honored with the 2010 Eastern Region Managing Director Leader Award; and
• Western New England College student Jenny May Catuogno has been honored with the 2010 Eastern Region College Leader Award. The honors recognize Kane and Catuogno, affiliated with the Zuzolo Financial Group based in Springfield, for an outstanding year of performance with Northwestern Mutual, serving the financial-security needs of clients and policy owners throughout the region.

•••••

A short video of West Springfield professional organizer Mary Martone is currently on the front page of MSN’s national Health & Fitness Web site, at healthyliving.msn.com. The site provides medical information and content from well-known sources for consumers looking for the latest news and advice on personal and family wellness. Martone has been a professional organizer for more than 15 years and also offers articles on her Web site, www.mmartone.com.

•••••

Attorney José A. Aguiar has joined the law firm of Doherty, Wallace, Pillsbury & Murphy P.C. in Springfield as a Litigation Associate. His practice area is commercial litigation, which includes all areas of civil litigation.

•••••

MassMutual’s Retirement Services Division has added Dan Caple to its sales team in the South/Central Division. Caple has joined MassMutual as Managing Director, and will be responsible for business development and sales support of MassMutual’s third-party and dedicated distribution channels in North Carolina, South Carolina, and Tennessee.

•••••

Dan Jordan has been promoted to Vice President of Purchasing at Friendly Ice Cream Corp. in Wilbraham. Jordan is responsible for purchasing and material-planning functions.

•••••

Sally Imhoff , a Certified Public Accountant, has joined the firm of Aaron Smith Certified Public Accountants and Business Consultants in East Longmeadow as a Senior Accountant.

•••••

Joanne M. Carney recently retired as Associate Director of the U.S. Veterans Affairs Medical Center in Leeds after close to 35 years of federal service. She served as a Clinician Dietitian and Chief of Dietetic Service as well as the facility’s Public Relations Manager during her years at the center.

•••••

Catherine D’Amato has been elected a Director of the Federal Reserve Bank of Boston. She is President and Chief Executive Officer of the Greater Boston Food Bank.

•••••

Dr. Katharine White, specializing in family-planning health-care services, has joined Baystate Wesson Women’s Group in Springfield. She is board-certified by the American Board of Obstetrics and Gynecology.

•••••

Dr. Azad A. Jabiev has joined the Department of Surgery at Baystate Medical Center in Springfield. He specializes in endocrine surgery. He is board-certified by the American Board of Surgery.

Features
Profiles in Business Putting the Spotlight on Retirement Savings

Charles Epstein, president, Epstein Financial Services

Charlie Epstein clearly remembers his first on-stage performance.

“Glenbrook Middle School in Longmeadow,” he said. “I did a Bill Cosby routine, the ‘Noah’ skit, at the annual talent show. I had yellow bellbottoms; that’s what I remember most.”

Epstein, or Charles Burtaine (that’s the name on his actor’s union card; he took his mother’s maiden name) has gone on to deliver many different kinds of performances since that spring night in 1969. In his freshman year at Longmeadow High, he played “Gangster #1,” as it said in the playbill, for the spring production of Kiss Me Kate, produced by his brother, Paul. He’s done Shakespeare — he’s quite proud of his portrayal of Richard III — and had the lead in a production of Crossing Delancy. He’s been in several television commercials, had a tiny part in an episode of the soap opera The Guiding Light, and in 1991, he did stand-up comedy in New York with Jon Stewart, among other people.

His “tour de force,” as he called it, was a one-man show called Solitary Confinement at what was then known as StageWest (now CityStage) in Springfield, in which he played seven different characters.

“That was my ode to Mrs. Doubtfire,” he joked. “I did 64 performances, eight shows a week for eight weeks; I never worked so hard in my life.”

But Epstein hasn’t been on stage in nearly a decade. He quit a Broadway show on the morning of 9/11 after deciding it wasn’t worth his time and energy, and hasn’t been seriously tempted to do any acting since. He’s confident he’ll return to performing someday, but for now, he’s content to spend the time he’s not working with his family, and especially his two adopted children, Hannah, 14, and Noah, 8.

And Epstein spends considerable time not working, maybe the equivalent of three to five months each year, by his estimate. That’s a pattern he’s continued from his acting days, when he would often spend four days of each week during the summer performing. He says he can do that — and others can as well — by focusing on making the very most of each hour in the day.

“People waste a lot of time in business,” he explained, adding quickly that he doesn’t. “When you only work nine months out of the year, you get really, really clear on what’s important and what’s not, what to put your attention toward, and what to delegate, which is what most people in my industry can’t do; most people do what they think is important — they need to do just what’s essential.”

By practicing what he preaches, Epstein has been able to steadily grow and diversify the company, Epstein Financial Services, which he started in 1983. The Holyoke-based venture now has many moving parts, or components, including the Benefits Consulting Group, a partnership with Meyers Brothers Kalicka, as well as a division called 401(k) Coach, which, as the name suggests, provides coaching to individuals on the minutae of the 401(k) and how to sell that product.

Summing it all up neatly and succinctly, Epstein said his job, which takes him from his office in Holyoke to speaking engagements across the country, boils down to convincing people to save for retirement.

“I help individuals create successful retirement outcomes, or ‘paychecks for life,’” he said, adding that this phrase has become the title of a book he’s working on, with the first draft completed.

As for his own story, when asked about the combination of forces that have shaped his life, Epstein started by pointing to a picture of his mother, Margaret, on the credenza in his office. A budding opera talent, her career was sidetracked, and eventually scuttled, when she married Robert Epstein, a prominent accountant who later went on start a women’s clothing store, Deb’s, in downtown Springfield. Eventually, he would join two brothers in another retail venture called Casual Corner and take it national.

“That’s where I get my dual personality from,” Epstein explained. “My mother was an artist, and my father was a smart businessman.”

Even with that background, though, it didn’t appear that Epstein was ticketed for great things in either realm. He recalls struggling to get even minor roles early in his acting career, and believes he recorded the lowest score (2) ever posted on an aptitude test in the 150-year history of MassMutual, which he took while working in insurance soon after graduating from Colgate University with a degree in Economics.

“It’s designed to tell if you’ll make it in the insurance business,” he explained. “I was right out of college, single, no family; who the heck is going to listen to me talk about life insurance?

“But I was fortunate; I had a mentor in the industry who took me under his wing,” he continued. “That year, I was the number-one new agent at MassMutual and made the $1 million round table.”

He wasn’t doing as well with his acting, though.

“I knew I wanted to go back to acting,” said Epstein, who noted that he lived in the theater at Colgate. “In 1987, I went to Boston for an open call for all the summer stocks in New England. I was so bad, I couldn’t even pay anybody to be an intern. Now, that’s bad. As an intern, you pay them to set up sets.”

Eventually, though, Epstein’s stock rose in both business and the arts. In 1988, he went back to Boston and actually got a paid internship ($50 a week) at a Shakespeare theater in Maine. He put up sets, got a few small acting parts, and learned a lot about the business.

By year’s end, he learned something else — that he made $50,000 more that year, working just nine months, than he did working 12 the year before. “I thought, ‘that’s really interesting.’”

Such performance, he concluded, stemmed from that aforementioned focus on what’s essential, which basically comes from necessity.

“If I were to tell anyone that I was going to take three months of work from them — that they’d have to get a year’s worth of work done in nine months — they would become so focused, and so effective, and so much more turned on,” he said.

Epstein has become so proficient in time management over the years, that he’s not only managed to get all his work done in nine months, but he’s been able to donate time and energy to nonprofits, such as Square One, and also start ventures such as the UMass Amherst Family Business Center, which is now entering its 18th year. When he and his second wife, Lorie married last year, instead of accepting presents, they asked guests to donate to charities they chose. Epstein chose Square One, and Lorie chose the Susan G. Komen Foundation which raises money to fight breast cancer.

Meanwhile, he spends considerable amounts of time on the road, speaking before a wide range of audiences. His message?

“Americans need to save, otherwise we’re going to have a huge financial crisis,” he said, putting heavy emphasis on that word ‘huge.’ “I’m a huge proselytizer of our retirement system. We have the best system in the world; all people have to do is save — it’s really not that complicated — and take half as much risk as they do now.”

When asked about whether he’ll return to the stage, Epstein it’s more a matter of when, not if, he’ll entertain again, and he speculates that the day will likely come when Noah is 18. But he has plenty to keep him busy until them, from watching Hannah’s lacrosse games to vacationing in Europe with Lorie and his children.

And in the meantime, he’ll keep the spotlight on retirement and the need for everyone to simply save.

—George O’Brien

Features
At 25, United Personnel Focuses on Its Next Milestones
Hire Purpose

Mary Ellen Scott says the employment-services field is relatively easy to get into, but hard to master.

Necessity is the mother of invention.

That’s how Mary Ellen Scott described her beginnings in the temporary-employment industry. “It’s been the story of my life, really,” she told BusinessWest before explaining at length just what that means.

Scott is the owner of United Personnel in Springfield, which is celebrating 25 years in business. With the industry changing dramatically in that quarter-century, that adage has been in use for much of the time, seeing Scott and company becoming one of the area’s leading placement firms. Looking back on her time in business, she explained how it has come together over the years.

When Scott and her family moved to Springfield in the early 1980s, a chance encounter with a friend of her then-husband, John Canavan Jr., led to a new career.

“It was a clothing manufacturer, the old William Carter Co.,” she said, “and it was the only unionized plant in the William Carter conglomerate. They wanted to get rid of it, so they sold it to a man who went to prep school with my husband.” That was Joel Gordon, who bought the factory and renamed it the Gemini Corp., and who contacted Scott at home one day.

“Here I was unpacking boxes,” she said, “and this man called me up and said, ‘do you want a job?’ Well, I had been a stay-at-home mom for 10 years, so I said, ‘doing what?’ and he said ‘well, what can you do?’”

Despite her modest assessment of that interaction, Scott became the human resources director for the plant of 400 employees. But the two-income household was soon to be cut back to one. In 1984, her husband lost his job. “He was 51 years old,” she said. “That was and is definitely an issue in the job-hunting market.”

After looking for work for more than eight months, Gordon suggested to him to strike out on his own. With a brother in the temporary-help business in Boston, Canavan decided to give that field a shot. Scott explained why.

“From an entrepreneur’s perspective, in concept, it’s not a very complicated business to get into,” she said. Smiling, she added, “but it is hard to do it well. In the grand scheme, though, you don’t need to know how to operate a lot of machines, and it doesn’t take a great deal of capital up front.”

Starting the company in Hartford, Canavan drew upon the vast needs of that city’s many insurance firms to specialize in clerical temps. Scott laughed when she remembered her husband’s attempts for her to work with him.

“It was critical to hire the right person for him to work with,” she said, “but would anyone be willing to jump at a job at a start-up operation, getting paid very little money, when they would have to work very hard, and quit a job that they enjoyed? That’s the question I was asking myself.”

For two months, Canavan sought someone to oversee front-of-the-house operations —interviews, hiring, placements — while he handled marketing, sales, and the administrative details. As before, fate intervened in Scott’s decisions.

“My job at this time was changing,” she explained. “Our friend had brought in this new manager, a graduate of MIT and West Point. He had a very different idea about how to treat people than I had.

“One particularly bad Friday afternoon,” she continued, “I had to be in on a session with him and one of the employees, and I came home and I said to my husband, ‘I think God is trying to tell me something. If we’re going to do this staffing business, we’re going to do it together.’”

After three months of commuting in separate cars to Hartford — “in case one of us needed to go back to the kids,” Scott said — the first order came in. But it didn’t take long for the pair to hit their stride, and within two years, they opened a branch office in Springfield, at the location still in use today, 1331 Main St.

Along the way, the business shifted gears from a focus on clerical temps to a division that served the light-industrial sector. “That was a fortuitous decision,” Scott said. “The economy was changing at the end of the ’80s into the early ’90s. Insurance companies in Hartford were struggling with their real-estate deals gone bad. And the first thing a company does when times are hard is to cut back on new temps. So our business in Hartford went downhill.”

But the Springfield office prospered, becoming one of Inc. magazine’s top 500 fastest-growing companies in 1993 and 1995. “The diverse client list we had here really pulled us through,” Scott said. Not only did they handle clerical and industrial clients, but MassMutual and BayBank were early customers as well. When Canavan passed away in 1999, Scott became the sole owner of the business.

Does Not Compute

“During the early years,” Scott said, “we had no computers at all. We had two electric typewriters, and everything was done on paper.”

Personal computers, however, changed that — and changed the nature of her business. “Companies changed how many secretaries they used,” she said, “and some people don’t use secretaries at all anymore.

“The clerical sector, which at one point was 100% of our business, became a much lower percentage,” she continued. “These days, we are primarily a light-industrial staffing company, about 70% in manufacturing.”

Pointing to a stack of boxes waiting to be moved out of the office’s hallways, Scott said that the old-fashioned pen to paper is still necessary for many forms — I9s and W4s, and applications still filled out by hand — but digital communication has become the new tool of choice for United and nearly every other business in this sector. “While e-mailing certainly makes us more available for our clients,” she said, adding that someone in her office is on call around the clock every day, she motioned with a smile at that pile of boxes and said, “I don’t think computers have made less paperwork.”

Still, Scott said her job is still done, in many ways, just like in the first days of the business. Describing the challenges of staffing in different sectors, she said that clerical candidates still need to be interviewed; “It’s a little more of a conversation to get those jobs filled.”

Manufacturing often involves her clients requesting multiple orders. “We get calls for upwards of 40 orders,” she said of the number of employee needs. “It can be challenging to find that many people right for the job.”

While pundits search for hope in the murky economic forecast, Scott said that business at United, and the sector as a whole, is definitely picking up, which is a good sign.

“When the economy is on the way down, we’re the first to know it, and on the way back up we’re the first to know it also,” she explained.

“Manufacturing clients are getting orders, and they need workers,” she continued. “We have all different kinds of businesses, and they all seem to be picking up, calling for temps.”

Hiring Line

Looking at the next milestone of her successful career, Scott said that the she is thinking about branching out into health-care staffing, acknowledging that it is one of the region’s growth industries.

“Personally,” she laughed, “I don’t know anything about the licensing and laws involved in that sector. So I will have to hire some expertise in that field.”

In other words, she’ll take the approach she has from the beginning: that necessity may be the mother of invention, but hard work and imagination are the secrets to success.

And neither Scott nor her company have ever been lacking in those qualities.

Departments

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

FRANKLIN SUPERIOR COURT

Irene Redmond, administrator for the estate of Chester Wozniak v. Poet’s Seat Nursing Home and Laura Woznakewicz
Allegation: Negligence and wrongful death: $48,306
Filed: 1/8/10

GREENFIELD DISTRICT COURT

Pella Products, LLC v. Quality Builders, LLC
Allegation: Non-payment of goods sold and delivered: $15,586.31
Filed: 12/23/09

HAMPDEN SUPERIOR COURT

Juan and Jennifer Montoya v. C.R. Onsrud Inc.
Allegation: Product liability causing injury: $644,899.67
Filed: 12/28/09

Lindsey Pelletier v. Baystate Medical Center
Allegation: Medical malpractice: $500,000
Filed: 12/31/09

Maria Miller, executrix of the estate of Josephine Miller v. Country Estates Nursing, LLC
Allegation: Negligence in the care of a patient and negligent infliction of emotional distress: $1,000,000
Filed: 12/13/09

Verizon New England Inc. v. City of Chicopee
Allegation: Non-payment of relocation work performed: $86,406.35
Filed: 12/21/09

HAMPSHIRE SUPERIOR COURT

Hannah Coler, et al v. Unicare Life & Health Insurance Co.
Allegation: Breach of contract and misrepresentation: $25,000+
Filed: 1/12/10

NORTHAMPTON DISTRICT COURT

Colvest/Northampton, LLC v. Cotton Tree Service Inc.
Allegation: Breach of contract for use of land provided for snow storage: $21,000
Filed: 12/23/09

F.W. Webb Co. v. Atlantic Ground Source, LLC
Allegation: Non-payment of goods sold and delivered: $4,993.64
Filed: 12/21/09

PALMER DISTRICT COURT

Thomas and Cheryl Brown v. Breakers Resort, LLC
Allegation: Unfair and deceptive trade practices in the sale of a time-share unit: $5,478
Filed: 12/11/09

SPRINGFIELD DISTRICT COURT

Comcast Spotlight Inc. v. Uncle Sam’s Pizza of Worcester Inc.
Allegation: Non-payment of advertising services rendered: $6,789.87
Filed: 12/17/09

Comcast Spotlight Inc. v. Mike’s Gym III
Allegation: Non-payment of advertising services rendered: $3,430.57
Filed: 12/22/09

F.S. Wellsford Company v. LDH Inc.
Allegation: Non-payment of goods sold and delivered: $2,545.50
Filed: 12/21/09

High Priority Associates Inc. v. Heritage Coffee Shop
Allegation: Non-payment of goods sold and delivered: $3,457.63
Filed: 12/18/09

John Deer Landscapes Inc. v. St. Claire Landscaping Co. Inc.
Allegation: Non-payment of goods sold and delivered: $5,772.92
Filed: 12/14/09

Nawana Hollaway, mother of Gianna Holloway v. Children’s Corner Daycare Center
Allegation: Negligent supervision of minor causing injury: $3,244.77
Filed: 12/18/09

WESTFIELD DISTRICT COURT

Desiree Bragan and Barry Lupovich v. General Motors, LLC & Bertera Dodge Chrysler Jeep Inc.
Allegation: Breach of Lemon Law and warranty: $18,727
Filed: 12/23/09

Ford Motor Credit Co., LLC v. Tekoa Golf Inc.
Allegation: Default on retail installment sales agreement: $8,003.58
Filed: 12/30/09

Uncategorized
Nominations Sought for the Class of 2010

After three successful years of its 40 Under Forty recognition program, one might think BusinessWest is running out of stories to tell of young professionals making a difference in the Pioneer Valley.

But that would be wrong. And we’re asking you, the readers, to prove us correct by nominating a new batch of fresh faces for the class of 2010.

Since 2007, BusinessWest’s 40 Under Forty has captured the attention and respect of the region’s business community, bringing into focus what most already know: that Western Mass. is home to a creative, motivated, and successful group of young business leaders, entrepreneurs, and innovators — people who, even in tough economic times, are redefining what it means to grow successful businesses and serve their communities with whatever spare time they have left over.

Michelle Sade, operations manager for United Personnel in Springfield, said she was honored to be part of last year’s 40 Under Forty class. As a founding member of the Young Professional Society of Greater Springfield — which placed several of its members in the class of 2009 — she has expressed a passion for cultivating young talent in the region, and said BusinessWest’s annual program bolsters that effort.

“It definitely highlights the amount of talent throughout the Pioneer Valley,” Sade said. “The Young Professional Society has worked to allow those talented young professionals to come together and network, and what BusinessWest has done is to put the spotlight on some of the rising stars of that group.”

That sort of sentiment is gratifying to hear, said Kate Campiti, associate publisher of the magazine, noting that the program was created to draw attention to not only the depth of young talent in the region, but also its diversity, both demographically and in the types of work they do.

“We’re telling the story of young people doing some incredible things,” said Campiti, “but we’re also telling the stories of the ventures they’ve started, the established companies they work for, and the nonprofits they lead. Add it all up, and it paints a bright picture of the region and its future.”

The 120 previous honorees have emerged from law, education, retail, health care, social services, finance, and many other fields — some forging completely new paths in computer technology, renewable energy, and ‘green’ business. In all cases, they have been successful in business and active in civic volunteerism, the latter being a critical consideration when judging applicants.

As in the past three installments of Forty Under 40, the winners will be profiled in an upcoming issue of BusinessWest — always a must-read issue — and toasted at a gala reception in the spring.

Without fail, the 40 Under Forty honorees say they’re impressed with the quality of the people they meet at this event, and consider it a springboard for long-term networking.

“It was wonderful, and the exposure to such quality people was amazing,” said Renee Stolar, president of J. Stolar Insurance Co. in Palmer, another member of the class of 2009. “I’ve been able to keep in touch with many of them, so this opened the door to a whole realm of people I probably never would have met otherwise. I was very happy with the whole experience.”

The nomination form can be found on page 22 of this issue. It will be reprinted in upcoming issues as well, and may also be printed from businesswest.com. The deadline for entry is Feb. 19.

After the deadline passes, the nominations will be scored by an independent group of judges comprised of area business leaders and previous 40 Under Forty honorees. They will be tasked with carefully weighing the achievements and community commitment of those who are nominated by their peers over the next two months.

“I don’t know how you can choose when so many people are doing such good things, and have such talents and passions and things they feel are important to the revitalization of the area,” Sade said. “Everyone has a different idea what that means; if you look at the 40 Under Forty, every one of them is trying to make a positive impact on their business, their community, a nonprofit — and in some ways that are quite remarkable.”

She cited the example of Kathy LeMay, who received the highest scores in last year’s judging. LeMay’s Florence-based company, Raising Change, cultivates connections between philanthropists and nonprofit agencies, and she’s made a difference to the tune of hundreds of millions of dollars raised.

“She’s amazing,” Sade said. “These are people doing some amazing things.” She added that the 40 Under Forty annually makes an example of young people who are not leaving the Valley, but are trying to make it a better place to live and work. “They’re just inspiring.”

If you’ve been similarly inspired by a young professional making that kind of difference, don’t hesitate to fill out a nomination form. – Joseph Bednar

Class of 2007

Departments

Ten Points About : Extension of the COBRA Subsidy for Involuntarily Terminated Employees

By KIMBERLY A. KLIMCZUK, Esq.

1. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) allows employees who lose their health insurance benefits to continue their coverage for up to 18 months under certain circumstances. Traditionally, employees who elected COBRA benefits were responsible for paying the cost of their COBRA health insurance premiums.

2.The American Recovery and Reinvestment Act of 2009 (ARRA) amended portions of COBRA to provide a government subsidy for COBRA premiums to employees who left their jobs involuntarily between Sept. 1, 2008 and Dec. 31, 2009.
3. Under the ARRA, the government subsidized 65% of the COBRA premiums for eligible employees for up to nine months. Employers were required to pay the subsidy up front as part of the employees’ premium payments and received reimbursement from the federal government through reduced federal payroll tax payments.
4. The subsidy applies to periods of health coverage beginning on or after Feb. 17, 2009, and, under the ARRA, was to last for up to 9 months.

5. On Dec. 19, 2009, President Obama signed the 2010 Defense Appropriations Act (DAA), which extends the eligibility period for the COBRA subsidy to include employees who involuntarily separate from employment on or before Feb. 28, 2010.

6. The DAA also lengthens the COBRA subsidy period from nine months to 15 months.
7. In addition, former employees who had already reached the end of their subsidy period prior to passage of the DAA may continue their reduced-premium COBRA coverage for the additional six months as long as they pay their 35% share of the COBRA premium by Feb. 17, 2010, or within 30 days of receiving notice from their plan administrator, whichever is later.
8. If any such employees already paid 100% of their premium in December 2009, they are entitled to either a reimbursement of the 65% that is subsidized under the DAA’s extension provisions or a credit toward future premiums equal to 65% of the monthly premium.
9. The DAA requires employers to modify their COBRA election notice to provide information about the extended COBRA subsidy to all individuals who experience a COBRA-qualifying event between Sept. 1, 2008 and Feb. 28, 2010.

10. Information on new notice requirements, updated guidance, fact sheets, and frequently asked questions will be available on the DOL’s Web site, www.dol.gov/cobra.

Kimberly A. Klimczuk, Esq. is a partner in the law firm Royal & Klimczuk, LLC. She specializes in management-side labor and employment law; (413) 586-2288; [email protected]

Departments

Cowls to Close Manufacturing Division

AMHERST — Citing diminished customer demand for custom-sawed lumber, W. D. Cowls Inc. will close its sawmill, one of its four divisions, this month. The ninth-generation family business will focus its future on its timberland and real-estate-management services, and Cowls Building Supply’s retail lumberyard and design showroom, according to Cinda Jones, president of W. D. Cowls Inc. Cowls’ core business, since 1741, has been sustainably managing timberland in Western Mass. from its home farm in North Amherst. Over the past 268 years, the family business enterprises have also included onion, corn, tobacco, and potato farms. Jones noted that family businesses have to innovate and change over time to survive and thrive, and her family is excited about the future. She added that this latest endeavor “is not about a business closing, but about a business evolving.”

NTS Moving into Springfield

EAST HARTFORD, Conn. — New Technology Systems Inc. (NTS) will expand its presence into Western Mass. with a business service and sales office in the Monarch building beginning Feb. 1. NTS is a privately held, enterprise IT company that has been servicing Connecticut and Massachusetts for more than 28 years, according to Barry Kelly, vice president of NTS. Kelly noted that NTS specializes in the assessment, design, supply, and implementation of cost-effective technology solutions. NTS is headquartered in East Hartford.

Bell & Hudson Insurance Recertified

BELCHERTOWN — Bell & Hudson Insurance Agency Inc. has achieved full recertification as a Five Star insurance agency by the Mass. Assoc. of Insurance Agents. The Five Star Award of Distinction is earned by agencies that pass a comprehensive fitness review based on model best practices in customer focus, management, leadership, human resources, processes, products, and services. Once the designation is achieved by an insurance agency, the agency must be recertified every three years to retain it. The Five Star certification team, which conducts the fitness review, made note of the agency’s outstanding leadership, positive employee morale, and the staff’s commitment to the agency’s customers and the community as a whole. Bell & Hudson Insurance Agency, a full-service independent insurance agency, is located at 19 North Main St.

Auto Distributorship Transformation Brings Awards

WEST HARTFORD, Conn. — The University of Hartford’s new Mort and Irma Handel Performing Arts Center has been honored repeatedly as an outstanding example of ‘adaptive reuse’ of an old industrial facility. The project transformed the former Thomas Cadillac distributorship at the corner of Albany Avenue and Westbourne Parkway in Hartford into a 55,000-square-foot, state-of-the-art facility for dance and theater instruction and performance for the Hartt School. The $22 million facility includes five dance studios, four theater rehearsal studios, three vocal studios, and two black-box theatres, as well as faculty offices, a café, a bank branch, and a community room. The architects of the arts center received a 2009 Design Award on Dec. 7 from the Connecticut Chapter of the American Institute of Architects in the category of ‘preservation.’ The center was designed by Smith Edwards Architects of Hartford with the goal of preserving the unique character of the original facility, which was created in 1929 by pioneering industrial architect Albert Kahn. The center also received a 2009 Hartford Preservation Alliance Award for its rehabilitation and adaptive reuse of the former Cadillac building. Other honors for the project include a Connecticut Real Estate Exchange Award for adaptive reuse, a 2009 Connecticut Preservation Award from the Connecticut Trust for Historic Preservation, and a Connecticut Main Street Center 2009 Award of Excellence for adaptive reuse.

Departments

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

CHICOPEE DISTRICT COURT

Keyla Sullivan v. HHK Properties, LLC
Allegation: Ceiling collapse in bathroom causing personal injury: $3,792.32
Filed: 12/2/09

Martin Topor Oil Co. Inc. d/b/a Central Oil v. Timberland Trucking, LLC
Allegation: Non-payment of oil sold and delivered: $4,870.10
Filed: 11/23/09

FRANKLIN SUPERIOR COURT

ECI Rail Constructors, LLC v. Northern Construction Service, LLC and Hanover Insurance Co.
Allegation: Breach of contract and failure to pay for flagging services rendered during the repair of a railroad bridge: $79,900.88
Filed: 12/07/09

GREENFIELD DISTRICT COURT

Ford Motor Credit Co., LLC v. Pioneer Supply Co.
Allegation: Default on a retail installment sales agreement: $7,779.88
Filed: 11/27/09

HAMPDEN SUPERIOR COURT

American Express v. Paradise Limousine
Allegation: Monies owed pursuant to a credit-card agreement: $27,317.74
Filed: 11/18/09

Bank of Western Massachusetts v. Shelburne Falls Wine Merchants, LLC
Allegation: Non-payment of commercial notes and guaranties: $105,150.72
Filed: 11/23/09

Dimitry Primakov v. Aero-Bond Corp.
Allegation: Failure to pay wages and wrongful termination: $25,000+
Filed: 11/10/09

Holyoke Mall Co., LP v. Nail Pro
Allegation: Breach of lease agreement: $229,798.17
Filed: 11/10/09
Ikon Financial Services v. Grynn & Barrett Inc.
Allegation: Breach of equipment lease agreement: $54,579.87
Filed: 11/20/09

Jonathan Kerr v. Menard, Murphy, & Walsh, LLC
Allegation: Conversion and fraud regarding deposit in real estate transaction: $150,000
Filed: 11/20/09

HAMPSHIRE SUPERIOR COURT

Beatrice Cokely v. Colonel Woodbridges Tavern Inc.
Allegation: Negligence in property maintenance, causing personal injury: $63,000
Filed: 12/07/09

Joan M. Johnson v. CPL Cabot LLC & Revera Health Systems
Allegation: Emotional distress and retaliation in the workplace: $56,000
Filed: 12/16/09

NORTHAMPTON DISTRICT COURT

Ma Pacitti v. Eric Vaughn Roofing Co.
Allegation: Breach of a roofing contract: $3,000
Filed: 11/23/09

Ted Ondrick Co., LLC v. CAP Development and TRAK Petroleum, LLC
Allegation: Non-payment of labor and materials: $3,462.50
Filed: 12/16/09

PALMER DISTRICT COURT

Aggregate Industries Northeast Region Inc. v. Bill Griggs Carpentry
Allegation: Non-payment of goods sold and delivered: $4,189.58
Filed: 11/16/09

SPRINGFIELD DISTRICT COURT

American Express v. Attexor Inc.
Allegation: Non-payment of monies loaned pursuant to a credit-card agreement: $18,873.76
Filed: 10/30/09

Comcast Spotlight Inc. v. LA Newton School of Beauty Inc.
Allegation: Non-payment of advertising services rendered: $11,146.97
Filed: 11/09/09

H&P Realty, LLC v. Audio Image
Allegation: Non-payment of rent: $31,320.00
Filed: 11/04/09

Liberty Mutual Insurance Co. v. Fales Inc.
Allegation: Non-payment of judgment: $43,995.89
Filed: 11/04/09

PDQ Billing Services v. Agawam Primary Care
Allegation: Non-payment of billing services rendered: $4,474.66
Filed: 11/04/09

Unishippers v. Taxi Dog Bakery
Allegation: Breach of contract and non-payment of shipping services: $8,397.92
Filed: 11/02/09

United Rentals Inc. v. Pinnacle Roofing Inc.
Allegation: Non-payment of materials, equipment, and services: $4,760.28
Filed: 11/05/09

WESTFIELD DISTRICT COURT

Wheeler Oil Co. Inc. v. Timberland Trucking, LLC
Allegation: Non-payment of home diesel fuel sold: $9,986.98
Filed: 12/14/09

Departments

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

CHICOPEE DISTRICT COURT

Jan & Lydia Wanat v. Sturdy Home Improvement Inc. and Adam Lucey
Allegation: Breach of contract for installation of windows on the plaintiffs’ home: $17,500+
Filed: 10/29/09

FRANKLIN SUPERIOR COURT

Baron P. Spencer v. Heat Fab Inc.
Allegation: Negligent maintenance of property, causing personal injury: $296,585.44
Filed: 11/13/09

HAMPDEN SUPERIOR COURT

American Express Bank FSB v. Francis & Phil Beaulieu & Son Home Improvement Inc.
Allegation: Breach of contract on credit card accounts: $49,417.60
Filed: 10/13/09

Bank of America v. the Hot Spot Corp.

Allegation: Breach of contract and monies owed on credit card account: $33,679.27
Filed: 9/01/09

Christopher Eldridge v. Salty Dog Saloon Inc.
Allegation: Negligence causing personal injury: $98,754.17
Filed: 10/07/09

Independent Expert Panel, LLC v. Patient EDU, LLC
Allegation: Action for breach of a consulting agreement: $68,280
Filed: 10/15/09

Julius & Dimitra Kenney v. GFI Prospect Development, LLC
Allegation: Enforcement of a judgment entered in district court: $62,142.70
Filed: 10/16/09

HAMPSHIRE SUPERIOR COURT

James Chicoine v. Paradise City Tavern
Allegation: Overcrowding of facility and negligent property maintenance, causing personal injury: $67,261.14
Filed: 11/02/09

NORTHAMPTON DISTRICT COURT

Cappaccio Home Improvement v. 33 Washington Street Apts.
Allegation: Non-payment of labor and materials for construction and repair work: $6,395
Filed: 11/04/09

SimplexGrinnell, LLC v. CAP Development Inc. and Trak Petroleum, LLC
Allegation: Non-payment of goods and services rendered: $27,320
Filed: 10/20/09

SPRINGFIELD DISTRICT COURT

East Coast Orthodontic Laboratory Inc. v. Bruce S. Fieldman, D.M.D., P.C.
Allegation: Non-payment of orthodontic products sold and delivered: $14,180.22
Filed: 10/26/09

Liberty Mutual v. A&T Taxi & Livery, LLC
Allegation: Unpaid balance on workers’ compensation insurance: $27,778.86
Filed: 10/27/09

Liberty Mutual v. Bog Cat Builders Inc.
Allegation: Unpaid balance on workers’ compensation insurance: $7,618.24
Filed 10/27/09

Liberty Mutual v. D. Curring Trucking Inc.
Allegation: Unpaid balance on workers’ compensation insurance: $6,041.28
Filed: 10/27/09

Liberty Mutual v. J.G. Plastering Inc
Allegation: Unpaid balance on workers’ compensation insurance: $10,925.07
Filed: 10/27/09

Liberty Mutual v. J.B. Silva Co.
Allegation: Unpaid balance on workers’ compensation insurance: $9,351.10
Filed: 10/27/09

Old Dominion Freight Line Inc. v. Omniglow, LLC
Allegation: Non-payment of shipping charges: $4,422.12
Filed: 10/29/09

Plimpton & Hills Corp. v. Lessard Plumbing & Heating
Allegation: Non-payment of goods sold and delivered: $19,986.53
Filed: 10/27/09

Departments

Dean McKenzie, M.D., MHSA, has joined Providence Behavioral Health Hospital in Holyoke as Chief Medical Officer. In this role, McKenzie acts as a liaison between administration and members of the medical staff to support patient care services, while focusing on quality of care, patient satisfaction, risk management, and patient safety. A graduate of Hope College and the University of Michigan Medical School, McKenzie served his residency in the Department of Psychiatry at the University of Arizona. He is board-certified in psychiatry and neurology. He most recently served as Utilization Management Medical Director for Magellan of Arizona, a state-contracted, regional behavioral-health authority that provides a wide range of services, including crisis assistance, children’s services, and substance-abuse treatment.

•••••

Jennifer L. Snyder, Esq. has opened the Hadley Law Center at 216 Russell St., Hadley. Areas of practice include elder law, special needs, estate planning, and family law.

•••••

Christina J. Quinby has been promoted to Community Development Planner at the Pioneer Valley Planning Commission in Springfield. She joined the organization in 2008 as a Planning Assistant following an internship in the Community Development section. She holds a master’s degree in Social Work from Boston College.

•••••

Attorney L. Alexandra Hogan of Shatz, Schwartz and Fentin, P.C. in Springfield recently lectured on “Massachusetts Data Security Law, Compliance, and Confusion” with Marco Liquori, President of Net Logix Inc., of Westfield, at the 48th annual Tax Institute seminar at Western New England College in Springfield. Their presentation focused on the new law and compliance requirements state businesses must have in place to protect their clients’ and customers’ personal information.

•••••

Susan Leschine, co-founder of Qteros, has been named one of the Top 25 Women in Tech by media trendsetter AlwaysOn. Those named to the first-annual list were chosen for overall innovation, ability to identify new market opportunities, and creation of stakeholder value, among other criteria. In her lab at UMass Amherst, Leschine continues to work diligently on the Q microbe for ethanol production.

•••••

Dr. Keisha A. Jones has joined Baystate Urogynecology where she will assist Dr. Oz Harmanli, Chief of the Urogynecology and Pelvic Reconstructive Surgery division at Baystate Medical Center in Springfield. Jones completed a fellowship in female pelvic medicine and reconstructive surgery at Magee-Women’s Hospital in Pittsburgh. She earned her medical degree from Virginia Commonwealth University, completed her internship and residency at Yale New Haven Hospital in Connecticut, and earned a master’s degree in clinical research from the University of Pittsburgh. She will serve as Resident Rotation Coordinator in Urogynecology at Baystate.

•••••

Ben Scranton, Executive Vice President of the Realtor Assoc. of Pioneer Valley, was recently honored by the National Assoc. of Realtors with its certified executive designation, which recognizes exceptional efforts made by association executives. Scranton is one of more than 360 executives who have achieved this mark of excellence.

•••••

Marysue Mooney has been promoted to Classified Advertising Manager at The Republican in Springfield.

•••••

Dr. Tashanna K.N. Myers has joined the Baystate Regional Cancer Program’s Gynecologic Oncology Division at Baystate Medical Center in Springfield. Myers completed her fellowship in gynecologic oncology at the University of Oklahoma. She completed her doctor of medicine in obstetrics and her residency at Temple University School of Medicine in Philadelphia. She also holds a bachelor’s degree in English from Yale University.

•••••

Paul Papaluca of the Sydney Hirsch Team at RE/MAX Prestige in East Longmeadow, has earned the Certified Distressed Property Expert designation, having completed extensive training in foreclosure avoidance and short sales.

•••••

Vikki D. Lenhart has joined the Hart & Patterson financial planning team in Northampton. She holds Series 7 and Series 66 licenses and is licensed in life, accident, and health insurance.

•••••

Howard Stanton III recently joined Rockville Bank as Controller. He will be responsible for planning, organizing and directing the accounting and financial control activities of the bank, its holding company, and all subsidiaries.

•••••

Dr. Neal C. Hadro has joined the medical staff of the heart and vascular program at Baystate Medical Center in Springfield. He comes to Baystate from the Cleveland Clinic and Marymount Hospital in Garfield Heights, Ohio, where he served as faculty and as a staff vascular and endovascular surgeon. He earned his medical degree at Tufts University School of Medicine in Boston and completed his residency in general surgery, as well as a peripheral vascular surgery fellowship, at Walter Reed Army Medical Center in Washington. Hadro also completed an endovascular fellowship at New York Presbyterian Hospital. He is board certified in surgery with added qualifications in vascular surgery.

•••••

Corey M. Dennis has joined the law firm Skoler, Abbott & Presser in Springfield as an Associate representing management in labor and employment-law litigation.  

Sections Supplements
Year-end Is a Time for Businesses to Focus on Planning, Improving

Kevin Vann says that budgets are, by and large, discouraging, and they are especially so in times like these.

“Sometimes you look at it, and you think, ‘my God, another year of thinking about just trying to break even,’ or you wonder, ‘am I going to have to trim payroll?’” he explained. “You can be discouraged with a budget, and from my experience, that’s why a lot of clients put them away or don’t follow them.”

But putting together a solid budget is one of the key ingredients in successful business planning — short-term and long-term — and it’s one of the many management matters that business owners should be thinking about as they prepare to turn the calendar, said Vann, president of the Springfield-based Vann Group, a business-consulting firm.

Actually, things like budgets, retirement plans, tax planning, insurance packages, benefits programs, employee handbooks, and many more are topics that business owners should be thinking about all the time, said Vann, who owns or co-owns a number of ventures and practices what he preaches. But because people are busy — and now seemingly busier than ever — often they don’t, and thus year-end, as hectic as it is, can be an effective time to take action on such issues.

“People make resolutions every Jan. 1,” said Vann. “Well, businesses can and should do the same.”

Joe Messer agreed. A certified public accountant with the Holyoke-based accounting firm Meyers Brothers Kalicka, he said year-end is obviously a time to be thinking about, and executing, effective tax planning. But it’s also a good time to make commitments to address everything from evaluating technology needs to preparing a succession plan — something far too many business owners put off until they have to, or until it’s too late.

“A lot of business owners tend to think that they’re invincible and they’ll be around forever,” he said. “And that’s why they don’t think about succession, which puts them in a bad situation when the time comes and they have to confront it.”

There are myriad other issues that should be confronted on a regular basis, and year-end is a practical time to visit or re-visit them, said Sean Wandrei, a tax manager at Meyers Brothers Kalicka who listed matters ranging from retirement plans to cash-flow issues; from bank finance issues, such as covenants, to tax matters including income deferral and accelerating deductions.

In this, its final issue of 2009, BusinessWest takes a look at how business owners and managers can use the act of turning the calendar to help make their ventures run more efficiently and effectively plan for the long term.

Date with Destiny

Vann said that one of the things business owners and managers might want to do at year-end is look at their computer desktop.

“I have about 35 icons on mine, and I’ll bet I’m using three or four of them, just those things required to do my job,” he said, adding that, as part of an exercise in technology planning, individuals may want to examine why all those icons are there. “All those other things … someone either taught it to me or installed it for me, and I’m not utilizing it properly.

“Technology is a huge part of business management today,” he continued, “not just on the strategic side, but on the process side; we’re all waiting for that next wave of technology to drive our backroom processes and help us manage our time better.”

What business owners can, and should, be thinking about this time of year is taking their desktop review exercise and doing roughly the same thing with every aspect of their organization, said Vann, who outlines several types of planning that managers should be doing in a related story on page 23. And they should do so with an eye toward making their operation run more smoothly, while also prepping it for long-term success.

But they must do so with the understanding that effective planning, be it with technology, taxes, personnel, or succession, are truly year-round exercises.

“These are things that people have to be thinking about at all time, not just year-end,” said Messer, adding quickly that the start of a new year can indeed be an effective time to make what may amount to resolutions. And one area he says should be at or near the top of the list is succession planning.

“It’s one of the most important, but also one of the most overlooked, aspects of business,” he said. “Who are we going to transition the business to when we’re ready to retire and move on to sunnier days?”

To answer that question, business owners and managers have to identify who that ‘next generation’ is going to be, he continued, and revisit the issue of succession on a regular basis to make sure the right party or parties have been identified and that the transition process stays on the right track.

While succession planning is important, especially for those business owners who have preferred to put off the inevitable, there are other business-management and planning issues that should also be considered at year-end, said Messer, who listed everything from cash flow to disaster-recovery plans, or, to be more specific, the lack thereof.

As for cash flow, accounts receivable is an issue impacting virtually every company in these trying economic times. Business managers should wait for year-end to put firm policies and procedures in place for collecting payments that are due, but if they don’t have them, now would be a good time to put them in place.

“In these tough economic times, receivables tend to get dragged out on a longer period and can make it very difficult for businesses to keep a positive cash flow,” Messer explained. “So business owners need to be proactive and implement strict collection policies and processes to help the cash flow remain positive.”

And a key element in such policies must be consistency, he continued, adding that the best approach for businesses is to be proactive, not passive, when it comes to collecting bills.

Other matters to consider at year-end, said Messer, include health plan coverage and whether a better package is appropriate, the broad subject of inventory (how to reduce it and examination of why it’s not moving), and retirement plans — and perhaps the need to diversify offerings.

“One size doesn’t fit all with respect to retirement benefits and retirement options you can offer to your employees,” he said. “Business owners and managers really need to look to identify the target group they’re trying to benefit. Do they want to benefit the business owner and a few key employees, or do they want to provide a benefit across the board to all employees?

“Once you make those determinations and identify your key goals,” he continued, “then you can structure a plan and put it in place to meet those goals. There are so many variables out there.”

Another important item for business owners to consider is insurance, said Wandrei, noting that year-end might be an appropriate time to think about possible courses of action when existing policies expire.

John Dowd, fourth-generation principal, specifically executive vice president, of the James J. Dowd & Sons Insurance Agency, said there are a number of factors to consider when reviewing one’s insurance package and determining whether it is appropriate.

Businesses change and expand from year to year, he explained, and insurance coverage must be adjusted to meet those changes, a point that is often lost on business owners trying to meet the day-to-day requirements of running their venture.

“It happens all the time; people say, ‘we don’t need to meet and review things because nothing’s changed,’” he said. “But then you sit down and talk, and the business owner says, ‘yes, we sold that piece of equipment, and we bought that piece of equipment, and, by the way, we’re storing things in a different location.’ All those things are important because they impact the coverage you need.”

Overall, Dowd said business owners must consider the worst-case scenario when it comes to calamity and possible loss, but, unfortunately, many do not, and they pay the consequences when the worst happens in a fire, flood, or other disaster.

“I have to think of the worst-case scenario, because what if it happens?” said Dowd, speaking as a broker. “Granted, it’s not likely to happen, but if it does happen, you’ll be out of business if you’re not properly covered. Business owners have to think about what they’ll be faced with when they get that call in the middle of the night that their business has just burned down.”

Another matter to consider at year-end is staffing, said Vann, noting that this issue has taken on a heightened sense of priority in this economic downturn. Indeed, many companies have downsized in recent months, and a good number have concluded that the smaller size is the right size. For others, more analysis is needed to answer that question.

“A lot of people are looking at staffing right now and wondering if they can continue to make do without people who have been laid off,” he said. “It’s a critical issue right now, and a very big part of the budgeting process.”

The Bottom Line

That’s the often-discouraging budgeting process, as he described it, and one of those matters that business owners and managers let slide, for whatever reason.

Putting together a solid, realistic budget — and then sticking to it — is just one of many commitments that people should make as they approach the new year, said Vann, stressing, again, that such matters deserve year-round attention.

Let the resolution-making begin.

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

Departments

Six Hospitals File Lawsuit Against Massachusetts

BOSTON — Holyoke Medical Center (HMC), Berkshire Medical Center in Pittsfield, and four other community hospitals are suing the Commonwealth for millions of dollars in unreimbursed payment for health care services delivered to residents. The hospitals are known as ‘disproportionate share hospitals’ (DSH) because at least 63% of their patients are covered by public insurance. While health care reform has brought the state closer to universal coverage, the unintended consequence of that success is that many DSH hospitals are experiencing significant shortfalls in payments as they treat additional patients whose public insurance doesn’t cover the full cost of care. The other four plaintiffs in the lawsuit are Signature Healthcare Brockton Hospital in Brockton, Cape Cod Hospital in Hyannis, Merrimack Valley Hospital in Haverhill, and Quincy Medical Center. The lawsuit was filed on Dec. 1. The hospitals claim that the state has violated a law requiring financial reimbursement equal to the costs of providing care to Medicaid recipients. They say that the state has set Medicare, Medicaid,and other reimbursement rates so low that many of them are facing severe financial distress as they fulfill their state mandate to care for more and more individuals covered by public insurance. Talk of a lawsuit heated up earlier this year when Boston Medical Center, the Commonwealth’s largest disproportionate-share hospital, sued the state, accusing it of reneging on promised Medicaid reimbursement rates. However, other hospitals argue that BMC already soaks up too much available funding and, by angling for more through the legal system, could harm other hospitals. As HMC President and CEO Hank Porten recently told BusinessWest, “the concern we had is that, if this proceeded through the litigation or settlement process, Boston Medical Center could end up with a large amount of what’s available for disproportionate-share hospitals.” The community DSH hospitals that are party to the lawsuit handle nearly four times as many patients covered by government insurance, as measured in patient days, than Boston Medical Center and Cambridge Health Alliance combined. The hospitals provide care for more than 1.5 million patients and handle more than 300,000 emergency care visits annually. Some of them are the only hospital within 25 miles in their communities. “We might not be smart enough to know what amount is fair,” Porten said, “but we’re smart enough to know that there are at least two definitions of fair now, and we want the legal system to define for us what is fair. We should be paid at Boston Medical Center’s rate, or, if we’re all being paid at our rate, then Boston Medical Center shouldn’t get additional money. We don’t begrudge Boston Medical what they’ve received; we all need the funding. But there has to be some parity. There shouldn’t be any difference between the poor of Holyoke and the poor of Boston.” The six hospitals in the lawsuit maintain that unfunded mandates have resulted in significant financial losses as well as prevented or delayed investment in capital projects, equipment, and other updated health care resources for their communities.

Survey: Black Friday Retail Results Mixed

WASHINGTON, D.C. — A National Retail Federation (NRF) survey conducted over the weekend of Black Friday confirms experts expected: more people shopped, but spent less, than a year ago. According to NRF’s Black Friday shopping survey, conducted by BIGresearch, 195 million shoppers visited stores and Web sites over Black Friday weekend, up from 172 million last year. However, the average spending over the weekend dropped to $343.31 per person from $372.57 a year ago. Total spending reached an estimated $41.2 billion. “Shoppers proved that they were willing to open their wallets for a bargain, heading out to take advantage of great deals on less-expensive items like toys, small appliances, and winter clothes,” said Tracy Mullin, NRF president and CEO. “While retailers are encouraged by the number of Americans who shopped over Black Friday weekend, they know they have their work cut out for them to keep people coming back through Christmas. Shoppers can continue to expect retailers to focus on low prices and bargains through the end of December.” Shoppers’ destination of choice over the weekend following Thanksgiving seemed to be department stores, with nearly half (49.4%) of holiday shoppers visiting at least one, a 12.9% increase from last year. Discount retailers took an uncharacteristic back seat, with 43.2% of holiday shoppers heading to discount stores over the weekend and another 7.8% heading to outlet stores. Shoppers also visited electronics stores (29%), clothing stores (22.9%), and grocery stores (19.6%). More than one-fourth of Americans shopping over the weekend (28.5%) were shopping online. “In an economy like this one, every retailer wants to be a discounter,” Mullin said. “Department stores have done an admirable job touting both low prices and good quality, which are important requirements for holiday shoppers on a budget.” According to the survey, nearly one-third (32.2%) of shoppers purchased toys, an increase of 12.9% from last year. Additionally, more people purchased sporting goods (12.6% vs. 11.4% last year), personal care or beauty items (22.4% vs. 19%), and gift cards (21.2% vs. 18.7%). The most popular purchases were of clothing (40.9%) and books (40.3%), which remained nearly unchanged over last year.

Unemployment Claims Down Nationally, Locally

The Massachusetts unemployment rate dropped in October for the first time in two years, and job losses slowed, signs the state’s struggling job market may be stabilizing. The jobless rate in Massachusetts fell to 8.9% in October, down from 9.3% in September, the state Executive Office of Labor and Workforce Development reported. Unemployment in Massachusetts had not fallen since June 2007. The October employment report, with 900 job losses statewide, represents a sharp improvement from September, when employers slashed 9,300 jobs. Still, many sectors continue to struggle. Manufacturing shed another 2,300 jobs in October, bringing job losses over the past year to nearly 18,000, or 6% of employment. Real-estate employment, down 15% over the year, fell by another 800 jobs last month. Retailers shed 700 jobs, and state and local governments cut 800. On the plus side, three key sectors in the Bay State — education, health services, and professional, scientific, and technical services — each added about 1,500 jobs last month. Massachusetts has lost 125,000 jobs, or just under 4% of employment, during this recession, slightly better than the nation as a whole, which has lost more than 5% of employment. Nationally, the number of first-time filers for unemployment insurance fell to 466,000 in the week ended Nov. 14, the lowest level in 14 months, according to a government report. However, “it seems to be a statistical pop,” Tim Quinlan, an economist at Wells Fargo, told CNN. “As much as I’d like it to continue, I don’t see claims continuing to fall at this pace.” Still, Quinlan said he expects a gradual decline in initial claims throughout the coming months.

Departments

Marcus Printing Goes Green

HOLYOKE — Marcus Printing has recently earned several environmental certifications that will enable its clients to create ‘greener’ printed materials. In addition to being granted Forest Stewardship Council Chain of Custody Certification by Scientific Certification Systems, the company is the first printer in New England to offset 100% of its carbon-dioxide emissions to achieve Certification of Carbon Neutral Status by Verus Carbon Neutral. Marcus Printing is a Holyoke-based, third-generation, family-owned commercial printing business.

Hannoush Jewelers Opens Flagship Store

SPRINGFIELD — Hannoush Jewelers, a privately owned jewelry manufacturer, retailer, and diamond importer, recently opened an innovative flagship store at Eastfield Mall. Hannoush Jewelers Vice President Camile Hannoush noted that her family was “looking forward to coming back home to the Eastfield Mall,” since their jewelry career began at Eastfield in 1980. The Hannoush family touts its flagship business as the “first-of-its-kind jewelry-manufacturing retail store.” The nearly 22,000-square-foot store includes a 3,300-square-foot jewelry showroom and a 700-square-foot Pandora boutique. The store also houses a manufacturing area with a glass wall that invites shoppers into the world of jewelry craftsmanship where they can view jewelry being repaired and manufactured.

MassMutual Achieves 76% YTD Increase in Sales

SPRINGFIELD — MassMutual’s Retirement Services Division has recorded a 76% increase in nonprofit retirement-plan sales through Oct. 31, 2009 vs. the same period last year. MassMutual’s nonprofit expertise and financial stability are attractive to advisors and their clients, according to Hugh O’Toole, senior vice president and head of sales and client management for MassMutual’s Retirement Services Division. O’Toole added that MassMutual’s strength in consolidating multiple plans under a single provider is “highly valued” in this market. In addition to tremendous growth in the health care market, MassMutual has achieved sales success in several nonprofit sub-niches, including charitable 501©(3) organizations, private education, and religious organizations, added O’Toole. For more information, visit www.massmutual.com/retire.

Bed Bath & Beyond Opens Hadley Store

HADLEY — Bed Bath & Beyond recently opened a 27,000-square-foot store at 337 Russell St., featuring domestic merchandise and home furnishings. The Hadley store is the 26th store in Massachusetts. Store hours are Monday through Saturday, 9 a.m. to 9 p.m., and Sunday from 10 a.m. to 6 p.m. A Bed Bath & Beyond is also located in Holyoke.

Lenovo Awards WCA for Customer Service

SOUTHWICK — Whalley Computer Associates (WCA) was recently recognized by Lenovo as a ‘premier servicer’ based on its record customer-satisfaction rating of 98.2%. WCA earned premier-servicer status based on its full-prior-year warranty performance of more than 800 warranty transactions. Lenovo noted in its recognition that “WCA excelled at repairing machines correctly the first time with a first-time fix rate of 94.1%, excellent parts efficiency, and an average parts per machine of 1.09. This placed WCA in the top 5% nationally of all of our Lenovo servicers.” In other company news, WCA was one of 18 members of the top 500 Solution Providers in North America to receive additional recognition as a best-practice leader by VarBusiness magazine. Also, WCA has received the IBM Chairman’s Award for Customer Service, recognizing the company’s outstanding commitment to service over a five-year period. WCA was the only New England-based company and one of six companies in North and South America to receive the prestigious industry award.

Best of Boston Road Winners Honored

WILBRAHAM — The Boston Road Business Assoc. recently honored the Best of Boston Road winners at the Wilbraham Country Club during its sixth annual gala awards dinner. A dozen winners were chosen based on approximately 200 votes received from local businesses and the customers who shop on Boston Road. The 2009 winners in their respective categories are: Lia Toyota, auto dealership; Countryside Auto Body, auto/gas service; Scantic Valley YMCA, recreational/fitness service; Boulder Brooke Dental, health/dental service; the Gaudreau Group, professional service; Wilbraham Animal Hospital, general service; Big Y in Wilbraham, food and beverage service; Horizons, restaurant; Quinn’s Fine Jewelry, retail store; Monson Savings Bank, banks/credit unions; Red Robin, Best New Boston Road Business; and Valley Stone Credit Union, Boston Road Business of the Year. The winners received award certificates and citations. Proceeds from the evening’s ticket sales and silent auction, exceeding $5,000, will help fund the Light Up Boston Road holiday spectacular. The awards dinner was sponsored by the Gaudreau Group, Country Bank for Savings, and the Eastfield Mall. The Boston Road Business Assoc. is a Massachusetts not-for-profit organization whose purpose is to unite the businesses along the Boston Road corridor in Springfield and Wilbraham to share resources and stimulate and promote growth and development of the business community.

Salvation Army Teams Up with Armor

SPRINGFIELD — The Greater Springfield Salvation Army has partnered with Springfield’s NBA-D League team, the Springfield Armor, in its main fund-raiser of the holiday season. The Springfield Armor is the official sponsor of the Red Kettle Campaign. As part of the sponsorship, the red kettles will be present at various Springfield Armor games at the MassMutual Center. The Salvation Army’s goal this season is to reach $62,000, which will help assist thousands of people in the Springfield area.

Roadhouse Café Featured on WGBY

BELCHERTOWN — Joan Dahl-Lussier, owner of the Roadhouse Café, participated in a cooking segment on Dec. 3 on the WGBY program, On the Menu. WGBY chooses restaurants based on geography, the chef’s unique cooking style, and use of locally grown produce and farm-raised products. The Roadhouse Café was chosen for a breakfast segment featuring Dahl-Lussier’s award-winning organic blueberry pancakes, along with other specialty breakfast dishes. The Roadhouse Café is now open for lunch on weekdays, and fare includes homemade organic soups, salads, and hot panini sandwiches. Café hours are weekdays from 6 a.m. to 1 p.m., and Saturday and Sunday from 7 a.m. to 2 p.m.

AETNA and Pets Best Insurance Reach Agreement

HARTFORD, Conn. — Aetna and Pets Best Insurance recently announced an agreement with the Chamber Insurance Program to provide 50,000 local businesses and chambers of commerce in Massachusetts access to discounted rates on pet-insurance plans. Pets Best Insurance is the administrator for plans underwritten by Aetna Insurance Co. of Connecticut. These plans have earned the exclusive recommendation of the American Veterinary Medical Assoc. Group Health and Life Insurance Trust. The plans reimburse 80% of veterinary bills after payment of the deductible. Monthly premium rates are based on breed, the pet’s age, and the typical veterinary costs within a policyholder’s area. Plans are subject to limitations and exclusions, but there are no benefit schedules or fee restrictions. Plans do not include maximum age restrictions, and allow pet owners to choose any licensed veterinarian. For more information on the pet insurance offering, visit www.chamberpets.com.

Sections Supplements
Understanding Liability Issues Is a Must to Avoid Costly Mistakes

With the economy entrenched in a deep global recession, people across the economic spectrum are looking for ways to minimize expenses. Because the housing market was particularly hard-hit, there appears to be an unprecedented number of new landlords joining the ranks of seasoned investment-property owners renting to tenants.

Many of these new landlords are unable to either pay the mortgage or sell their property and are, therefore, forced to rent the property to raise some much-needed capital. For existing residential landlords, decreasing rents or income may be affecting the bottom line on the investment. Both groups, however, may be looking for ways to shave costs and raise or increase the income from properties and, in doing so, choosing to ignore some basic upkeep to their properties. This decision may prove more costly, however, in increased insurance premiums, more expensive renovations caused by delayed upkeep, and liability for injuries to people on the property.

From a liability standpoint, a recent decision by the Massachusetts Supreme Judicial Court (SJC) may give property owners pause, as the court extended another claim for liability to non-tenants. In the case of Scott v. Garfield, the SJC recognized that a claim for breach of the implied warranty of habitability could be brought not only by persons leasing and living on the property, but by lawful visitors who suffer personal injuries caused by such a breach.

As the court explained, the “implied warranty of habitability … is a multifaceted legal concept that encompasses contract and tort principals, as well as the State Building and Sanitary Codes. Although the warranty itself arises from the residential leasing contract between landlord and tenant, [the Court] has imposed a legal duty on the landlord, in the form of an implied agreement, to ensure that the dwelling complies with the State Building and Sanitary Codes throughout the term of the lease.”

Traditionally, this implied warranty was based in part on the contract between the landlord and tenant and in part on the recognition that a tenant may recover tort damages for personal injuries caused by a breach of this implied warranty. The SJC decided to extend a claim for breach of the implied warranty of habitability to lawful visitors because of “the expectation that a tenant might invite a guest into his home, and the concomitant expectation that the tenant’s home must be safe for a guest to visit — which together go to the very heart of the landlord’s contractual obligation to deliver and maintain habitable premises that comply with the Building and Sanitary Codes.”

Indeed, the SJC cited the State Sanitary Code as a document whose purpose is to provide minimum standards of fitness for human habitation to “protect the health, safety, and well-being of the occupants of the housing and of the general public.” This implied warranty would also extend to any area of the rented unit that must comply with the minimum standards prescribed by Building and Sanitary Codes. In Scott v. Garfield, the landlord could be liable to a lawful visitor who was injured by a defective porch railing.

Snow Fall

This decision comes in advance of another potential decision of importance from the SJC in the case of Papadopoulos v. Target Corp., a case that addresses a property owner’s liability due to a slip and fall on snow or ice. The key issue in that case is whether to maintain the distinction between natural and unnatural accumulations of snow and ice when determining the liability of a property owner. While the duty owed by a property owner to someone lawfully on the premises is one of reasonable care in the circumstances, currently the law provides that “this duty is not violated by a failure to remove a natural accumulation of snow or ice.”

While seemingly a clear-cut rule, courts have developed several nuances when defining the distinction between a natural and unnatural accumulation of snow or ice. Therefore, there are scores of cases discussing tire marks and ruts, trampled snow, a property owner’s efforts to clear snow or ice, and what activity could morph a natural accumulation into an unnatural accumulation of snow or ice. For example, where snow or ice is cleared into a pile that subsequently melts on to a sidewalk and refreezes, that refrozen surface is considered a natural accumulation. It is also unclear from the law as to what is considered clearing property and what falls short.

Indeed, in the lower court’s decision of Papadopoulos’ case, the court engaged in this strange analysis and found that, “whether the piece of ice fell from the snow pile on the median strip or melted and refroze, it constituted a natural accumulation of ice. The presence of dirt on the ice does not alter our analysis.”

Evidence had shown that the parking lot where the injury occurred had been plowed, and “to the left of the plaintiff’s car was a raised median strip with snow piled on it.” The piece of ice “had either fallen off the snow pile or was created by runoff from the pile.” The court, in coming to its decision, noted that “the presence of dirt, without more, is of slight, if any, prohibitive value in determining how long ice, water, or other substance has been in a particular spot.” This sort of language shows the remarkable intricacies that exist in examining liability in a snow-and-ice claim.

The Connecticut standard for such cases is less complicated and has been adopted by several neighboring New England states. The Connecticut rule provides that a property owner has a duty to exercise reasonable diligence in removing dangerous accumulations of snow and ice, thereby removing the distinction between unnatural and natural accumulations.

That said, the courts applying this rule have instructed that property owners can wait until the end of the storm and a reasonable time thereafter before removing ice and snow from outside walks and steps, explaining that “to require a landlord or other inviter to keep walks and steps clear of dangerous accumulations of ice, sleet, or snow or to spread sand or ashes while a storm continues is inexpedient and impractical.”

The effect of any change in this case law could require plaintiffs or landlords and other property owners to be more diligent about snow and take measures to ensure that all accumulations are addressed following any storm; that may include inspecting the property even after the snow or ice is initially removed. This could also include addressing the freezing, thawing, and refreezing process that naturally occurs throughout the winter.

Safety First

From a practical viewpoint, landlords should institute some very basic safeguards. First, conduct inspections of the property on a regular basis. While using a trained professional is favored, the context of this article is the global recession. As such, property owners should use their common sense: walk or inspect the property, and give it a good eye and shake test. If something is missing, moves, or presents a danger, remedy it by fixing it or hiring someone to fix it. Also, be sure to document these inspections. With the proliferation of computers, all landlords should have access to software that allows for word processing (for creating formal letters) and spreadsheets (for creating records of events).

Second, provide tenants with a mechanism for reporting problems, and, where possible, build in redundancies (such as providing phone numbers and e-mail addresses). Liability often rests on notice; therefore, the first defense to a claim is that the property owner did not have knowledge of the defect. Also, once the tenant has communicated a concern, be sure to acknowledge it and take action on that concern.

Providing open communication lines and keeping these records will also be important if the owner must evict the tenant. Under Massachusetts law, a tenant being evicted through the judicial process has the ability to counterclaim against the landlord. These counterclaims can include allegations that the property’s condition breached the implied warranty of habitability or that the property owner’s conduct is actionable. In these cases, the property owner’s ability to evict the tenant may be barred, and he can even be forced to pay the tenant. By taking the actions outlined in this article, some of these potential counterclaims can be avoided by diligence and documentation.

Finally, plan ahead, and be sure to set aside some funds for emergency purposes. Issues will inevitably occur with any property; therefore, property owners should have access to funds to at least remediate the issue.

While these changes to the law, notwithstanding the area of landlord-tenant law in general, may chill one’s desire to be a landlord, the upside can be extremely positive with some diligence and common sense.

Jeff Trapani is an associate at Robinson Donovan, P.C. where he litigates a wide variety of civil cases;[email protected]

Departments

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

CHICOPEE DISTRICT COURT

Capital One Bank v. Ace Industrial Cleaning Co.
Allegation: Monies owed for credit advanced: $2,466.21
Filed: 10/29/09

FRANKLIN SUPERIOR COURT

Larry G. Cushing & Sons Inc. v. Atlantic Ground Source
Allegation: Non-payment of well drilling services rendered: $43,075.70
Filed: 10/30/09

HAMPDEN SUPERIOR COURT

Gary Wing v. Westside Finishing Inc. and John Roth
Allegation: The defendant negligently unloaded a steel box, causing the box to strike the plaintiff: $363,167.02
Filed: 9/24/09

Karen L. Melikian, administratrix of the estate of Mary Ann Charter, v. Life Care Center of Wilbraham
Allegation: Wrongful death caused by a cerebrovascular accident, after the decedent was negligently dislodged from a wheelchair and struck her head: $350,000
Filed: 10/21/09

Prime Plywood & Panel Inc. v. Formica Corp.
Allegation: Price discrimination and unfair and deceptive trade practices: $600,000
Filed: 10/29/09

Velma Chase v. Wing Memorial Hospital Corp.
Allegation: Medical malpractice; patient described as being at high risk for fall was left unattended for an extended period of time, fell, and suffered personal injuries: $140,000
Filed: 10/22/09

HAMPSHIRE SUPERIOR COURT

DeForche Construction, N.V. v. Hampden Structural Systems d/b/a Private Garden Greenhouse Systems and Joseph Hickson
Allegation: Breach of contracts and failure to pay subcontractor for materials and services rendered: $1,109,702
Filed: 10/22/09

HOLYOKE DISTRICT COURT

Utica Mutual Insurance Co., subrogee of NEFCO Corp. v. Commercial Auto Service and Rafael de la Cruz
Allegation: Defendant’s customer negligently operated his motor vehicle, causing damage to building: $3,010.27
Filed: 10/14/09

NORTHAMPTON DISTRICT COURT

First Bank – Mt. Pleasant v. Classical 5-Element Acupuncture and Margaret Gold, M.D.
Allegation: Non-payment of judgment: $13,907.13
Filed: 11/5/09

SPRINGFIELD DISTRICT COURT

ABC Supply Co. Inc. v. BB Roofing
Allegation: Non-payment of goods sold and delivered: $2,746.89
Filed: 10/21/09

Bank of America, N.A. v. Ribbery Sports Bar & Grill
Allegation: Non-payment of monies loaned: $18,642.42
Filed: 10/14/09

Comcast Spotlight Inc. v. Premier Club Enterprises Inc.
Allegation: Non-payment of advertising services rendered: $1,947.02
Filed: 10/13/09

Johanna Rosario v. Springfield Area Transit Authority
Allegation: Pedestrian struck by PVTA bus, sustaining multiple injuries: $4,168.76
Filed: 10/20/09

Karen L. Myrade v. Ames Design Inc.
Allegation: Non-payment of accounting services rendered: $5,983.70
Filed: 10/09/09

Lifting Gear Hire Corp. v. Global Demolition & Recycling, LLC
Allegation: Non-payment of rental equipment provided: $25,220.99
Filed: 10/14/09

Whitney Building Products Inc. v. Tetreault Masonry Inc.
Allegation: Non-payment of goods sold and delivered: $6,687.68
Filed: 10/19/09

WESTFIELD DISTRICT COURT

Leanne Barrett v. Century 21 A-1 Nolan Realty, LLC
Allegation: Breach of real-estate agreement and failure to return deposit: $5,000
Filed: 10/30/09

Departments

Jiminy Peak Mountain Resort in Hancock announced that Darcy Rogers has joined the resort’s conference sales team as Sales Manager. In her new position, Rogers will be responsible for soliciting new business, managing existing accounts, and working with other departments at the resort to offer high-quality conference and meeting services to clients. She works with clients in New York, New Jersey, and Pennsylvania, with a particular emphasis on the Albany area.

•••••

Fuss & O’Neill, an engineering firm with offices in Springfield and several other locations, announced the following changes in senior management:
• Jeffrey Heidtman has been elected CEO and Chairman of the Board, and is stepping down as President;
• Peter Grose, PE will be assuming the duties of President. He is a 30-year Fuss & O’Neill employee who has directed some of the firm’s largest design and construction services programs;
• Michael Curtis, PhD, PE has been promoted to the newly created position of Director of Strategic Initiatives; and
• James Parry, PE has been promoted to Director of Business Development and Marketing.

•••••

TSM Design in Springfield announced the following:
• Janet Bennet has joined the firm as an Account Executive. She will develop clients’ marketing communications strategies as well as manage day-to-day account activity; and
•Michael Sjostedt has joined the firm as a Copywriter. He will be responsible for generating copy for clients’ communications.

•••••

Andrea Comstock-Tague has joined the staff of United Bank as a Human Resources Officer. In her new position, she will be responsible for the daily management of the bank’s human-resources functions, with an emphasis on training and development.

•••••

J.M. O’Brien & Co., P.B., with offices in Springfield and Easthampton, announced the following:
• Ryan Sabin has joined the firm; and
• Natalya Zubenko has joined the firm.

•••••

Karen King of the Karen King Group, Re/Max Prestige Realty in Wilbraham, has been accepted into the Allen Hainge CyberStars group, an invitation-only group of 200 top real-estate agents from the U.S., Canada, Australia, and the Bahamas. King is the only representative selected from Western Mass.

•••••

Elizabeth Howell has joined the All About Women Midwifery practice as a certified Nurse Midwife with the Baystate Ob-Gyn Group.

•••••

Anthony J. Worden recently joined Greenfield Co-operative Bank as Vice President for Commercial Lending.

•••••

Deborah Duncan, Senior Program Manager for the Day Treatment Program at Behavioral Health Network in Springfield, was recently awarded the Moe Armstrong Award for adult peer leadership for her contribution to strengthening the role of consumers in the mental-health and substance-abuse treatment systems by the Assoc. for Behavioral Healthcare.

•••••

Tighe & Bond of Westfield announced the following:
• Elizabeth G. Baldwin has been promoted to Project Manager. Her experience lies in water resources and wastewater projects;
• Marc J. Richards, a professional Engineer and licensed site professional specializing in environmental assessment and remediation projects, has been promoted; and
• Antonio J. daCruz, with more than 16 years of experience in civil and environmental engineering, has been promoted.

•••••

James Haughey of the Behavioral Health Network in Springfield has been recognized with the Innovation Practice Award by the Assoc. for Behavioral Healthcare.

•••••

The Greater Springfield Convention & Visitors Bureau has appointed seven new officers and members to its Board of Directors. They are:
• John Doleva, of the Naismith Memorial Basketball Hall of Fame, to serve as Vice Chairman;
• Anthony Frasco of the Williams Distributing Corp.;
• Joanne Gadoury of the MassMutual Financial Group;
• Michael Jonnes of the Springfield Symphony Orchestra;
• Bruce Lessels of Zoar Outdoor;
• Anthony Maroulis of the Amherst Area Chamber of Commerce; and
• Remo Pizzichemi of the Hampton Inn in West Springfield.
Officers nominated to serve a two-year term include:
• Michael Hurwitz of the American Restaurant Corp., to serve as Vice Chairman; and
• Kathleen Anderson of the Holyoke Office of Planning and Development, to serve as Treasurer.
Continuing as officers with terms expiring in 2010 are:
• Greg Chiecko of the Eastern States Exposition to serve as Chairman; and
• Robert Schwarz of Peter Pan Bus Lines as Secretary.
Members of the board nominated to serve an additional two-year term include:
• Bill Hess of the Springfield Marriott;
• John Hesslein of CBS-3;
• Matt Hollander of the MassMutual Center;
• Shardool Parmar of the Pioneer Valley Hotel Group; and
• Rod Warnick of the Hospitality Tourism Management Department at UMass Amherst.
Other board members include:
• Joseph Carvalho of the Springfield Museums Assoc.;
• Carolyn Edwards of Prime Outlets;
• Debra Flynn of Eastside Grill;
• Robert Gilbert of Dowd Insurance;
• Stuart Hurwitz of Rein’s Deli;
• Harlan Kent of Yankee Candle Co.;
• Larry Litton of Six Flags New England;
• Bruce Nable of SER Expo Services;
• Christina Pappas of Open the Door Communications;
• William Rogolski of the Holyoke Mall at Ingleside;
• Peter Rosskothen of The Log Cabin Banquet & Meeting House and The Delaney House; and
• Daniel Walsh of the Columbus Hotel Group.

•••••

SS&C SummerWind Performing Arts Center announced the appointment of insurance executive Michael D. Rabbett to chair its Development Committee. Rabbett is owner of Rabbett Insurance in Windsor, Conn., recipient of the Windsor Chamber of Commerce 2008 Business of the Year Award, and a member of the Professional Insurance Agents and Independent Insurance Agents of Connecticut.

•••••

Kate Putnam, president of Package Machinery Co. Inc. in West Springfield, has been named a Top Woman Entrepreneur for 2009 by Work Life Matters magazine. She will be honored at a breakfast on Dec. 14 at Club 101 in New York City. Package Machinery Co. is a manufacturer of wrapping machinery for consumer products. Putnam has been president since the company’s inception in 1996.

•••••

Bacon Wilson, P.C. of Springfield announced that the following lawyers were named “New England SuperLawyers” in the November issue of Boston magazine:
• Paul R. Salvage, Co-Chairman of the Insolvency Department;
• Gary L. Fialky, Chairman of the Corporate Department;
• Michael B. Katz, Co-Chairman of the Bankruptcy Department;
• Paul H. Rothschild, Chairman of the Litigation Department;
• Stephen N. Krevalin, Managing Partner;
• Hyman G. Darling, Chairman of the Estate Planning and Elder Law Departments;
• Francis R. Mirkin; and
• Stephen B. Monsein.
Also, in the same issue, the following Bacon Wilson lawyers were named “Rising Stars”:
• Justin H. Dion;
• Adam J. Basch;
• Todd C. Ratner;
• Mark A. Tanner; and
• Kevin V. Maltby.

Sections Supplements
It’s Not the Whole Story When It Comes to Making Sure Parties Are Fully Covered

Construction contracts usually include many provisions aimed toward transferring legal liability from one party to another. In an agreement between a general contractor and a subcontractor, the sub assumes the general’s liability. The contract does this by inserting an indemnity agreement (also known as a hold-harmless agreement) into the contract’s terms.

The contract may also require the sub to have the general named as an additional insured on its general liability insurance policy. Though not all contracts do this, it is a mistake for either contractor to assume that the insurance company will provide the same protection to the general without an additional insured endorsement to the policy.

Liability Coverage

The standard Insurance Services Office Commercial General Liability Coverage Form specifically excludes coverage for liability the insured assumes in a contract. However, it adds coverage back if the contract is an ‘insured contract,’ as the policy defines the term. The policy’s definition includes hold-harmless agreements where the insured assumes another’s tort liability. That would appear to take care of the sub’s obligations under the contract, but it is not the whole story. The coverage may still contain a potentially large gap for the general.

It is important to keep in mind that, in any liability-insurance claim scenario, the parties fall into three categories: insurance company, insured, and claimant. A claim may involve multiple insureds, multiple claimants, or even multiple insurance companies, but all parties will fall into one of the three categories. If a party is not an insurance company and is not an insured by virtue of an additional insured endorsement, then it must be a claimant. Therefore, a general contractor in this situation becomes a claimant along with all other claimants seeking damages.

The Cost of Legal Defense

While the general contractor may receive the same recovery for damages that it might have received as an additional insured, it might not fare as well regarding the cost of its legal defense. The CGL policy pays for defense costs incurred by anyone who is an insured under the policy, and coverage for those costs is in addition to the policy limits. If the policy has a limit of $1 million per occurrence and an insured is found liable for $1 million and runs up $500,000 in defense costs, the policy pays for both in full. As a claimant, however, the general can recover defense costs only if the hold-harmless agreement with the sub requires the sub to indemnify it for defense costs.

Also, it is likely that coverage for those costs will not be in addition to the policy limits. The ISO CGL policy provides defense in addition to the limits for the general only if all of the following conditions are met:

  • The sub assumed the general’s liability in an insured contract;

  • The policy covers the loss;
  • The sub assumed the general’s defense costs in the contract;
  • There is no conflict of interest between the general and the sub;
  • Both parties ask the company to control and conduct the defense and both agree to the same counsel for defense; and
  • The general agrees in writing to cooperate with the insurance company in the settlement of the claim.
  • If any one of these conditions is not met, the company will pay the general’s defense costs only until the claim exhausts the insurance limits.

    Coverage for defense costs is one of the most important benefits of being named as an additional insured on another entity’s liability insurance. An entity that needs this coverage should require the other contractor to provide the additional insured endorsement. Relying on the contractor’s contractual liability coverage is a major financial gamble.

    David W. Griffin Sr. is senior vice president of the Dowd Agencies. He has more than 30 years of experience in the insurance industry. He holds his advisor’s license, as well as the professional designation certified insurance counselor; (413) 538-7444;[email protected]. The Dowd Agencies is a full-service agency providing commercial, personal, and employee benefits, with four offices in Western Mass.

    Departments

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

    GREENFIELD DISTRICT COURT

    Adams Direct Mail Services v. International Profit Associates
    Allegation: Fraudulent practices on small business: $4,640
    Filed: 10/22/09

    Leader Home Center Inc. v. A.D. George Construction Co.
    Allegation: Non-payment of goods and services rendered: $28,417.66
    Filed: 10/21/09

    HAMPDEN SUPERIOR COURT

    Holyoke Mall, LP v. Sadie’s, LLC
    Allegation: Default under a written lease: $1,472,485.67
    Filed: 10/2/09

    Michelle Boutin v. Hess Corporation
    Allegation: Employee discrimination: $25,000+
    Filed: 9/17/09

    Roman Radkovets v. Balise Motor Sales Co.
    Allegation: Breach of employment contract and non-payment of commissions: $39,626.10
    Filed: 10/6/09

    Susan Cole v. Geriatric Authority of Holyoke
    Allegation: Employee discrimination: $25,000+
    Filed: 9/17/09

    HAMPSHIRE SUPERIOR COURT

    Commerce Insurance Co., as subrogee of Paul M. Struthers v. Cernak Fuel Corp. and Richards Fuel Inc.
    Allegation: Negligence causing damage: $392,011.34
    Filed: 10/2/09

    Leaklena Som v. Millitech Inc.
    Allegation: Employment discrimination: $25,000+
    Filed: 9/15/09

    PMC Contracting v. CAP Development Inc. & Trak Petroleum, LLC
    Allegation: Failure to pay under the terms of a construction agreement: $8,603.48
    Filed: 9/29/09

    HOLYOKE DISTRICT COURT

    City of Holyoke v. Western Mass Blitzin Bears Inc.
    Allegation: Failure to pay for use of Roberts Sports Complex: $2,190
    Filed: 9/28/09

    NORTHAMPTON DISTRICT COURT

    One Communications Corp. v. Atalasoft Inc.
    Allegation: Non-payment of services rendered: $7,843.23
    Filed: 10/15/09

    PALMER DISTRICT COURT

    Elizabeth Matthieson & Robert Vandernoot v. Sequoia Properties, LLC
    Allegation: Violation of purchase-and-sale agreement and refusal to return deposit: $24,450
    Filed: 9/29/09

    Yellowbook Sales & Distribution Company Inc. v. BSF Construction
    Allegation: Non-payment of advertising services rendered: $11,353
    Filed: 8/21/09

    SPRINGFIELD DISTRICT COURT

    Bank of America v. JGC Specials
    Allegation: Non-payment of monies loaned: $25,886.93
    Filed: 10/7/09

    Francis Teta v. Bell-Carter Olive Co.
    Allegation: Defective product, causing injury: $22,438
    Filed: 10/8/09

    Liberty Mutual Insurance Co. v. JCE Inc.
    Allegation: Non-payment of workers’ compensation policies: $16,793.19
    Filed: 10/8/09

    Regina Haines v. Northern Educational Services Inc.
    Allegation: Negligent maintenance of property, causing injury: $19,383.47
    Filed: 10/8/09

    Rosanna Langlois v. Educlean
    Allegation: Negligence in cleaning services, causing a slip and fall: $7,350
    Filed: 10/2/09

    Features
    Holyoke Medical Center, Other Hospitals Mull Lawsuit Against State over Funding
    Hank Porten

    Hank Porten wants state officials to know that the treatment of poor people in Holyoke is a significant, and underfunded, part of HMC’s mission.

    Caring for a large population of low-income residents has long been a passion of Hank Porten, president and CEO of Holyoke Medical Center, who knows that his facility meets a critical need in treating the poor.

    That’s why HMC, along with five other hospitals, is considering suing the state over what they feel is chronic underfunding of the care they provide to residents below the poverty line.

    The other parties to the discussions, which have already involved state Attorney General Martha Coakley, include Berkshire Health System in Pittsfield, St. Vincent Hospital in Worcester, Merrimack Valley Hospital in Haverhill, Cape Cod Healthcare, and Quincy Medical Center; all those institutions, like Holyoke, are considered ‘disproportionate-share hospitals,’ meaning they serve a high percentage of low-income or elderly people.

    State reimbursement for Medicaid services, which is the heart of the issue, is not a new problem, but one hospitals have grappled with for years, complaining that the state underpays for the actual cost of treatment — typically, anywhere from 65 to 75 cents on the dollar over the past decade.

    But the reimbursement issue took on new life over the summer when Boston Medical Center, the Commonwealth’s largest disproportionate-share hospital, sued the state, accusing it of reneging on promised Medicaid reimbursement rates. The problem for many other hospitals, including Holyoke, is the perception that BMC already soaks up too much of the available funding and, by angling for more through the legal system, could harm other facilities.

    “We had Boston Medical Center talking about underpayment, and as the case came forward and we began viewing it, we realized that for the vast majority of the case, we could just interchange our names,” Porten said. “And that created an issue for us. The concern we had is that, if this proceeded through the litigation or settlement process, Boston Medical Center could end up with a large amount of what’s available for disproportionate-share hospitals.”

    Stirring the Pot

    Boston Medical Center’s lawsuit argues that the state has financed its health-insurance reform law on the backs of poor residents by cutting money to a hospital that cares for many of them to pay for expanded coverage.

    At the time, BMC estimated that it will lose $175 million in the current fiscal year and would finish this year $38 million in the red, its first operating loss in five years. For that, the hospital blamed the state for cutting the amount it reimburses BMC for treating Medicaid patients. The state now pays about 75 cents for each dollar of Medicaid-paid treatment, by some estimates.

    When that lawsuit was announced, Health and Human Services Secretary Dr. JudyAnn Bigby told the Boston Globe that “the administration is greatly disappointed that BMC, which has received $1.5 billion in state funding in the past year, has chosen this path. At a time when everyone funded and served by state government is being asked to do more with less, BMC has been treated no differently.”

    Porten and the other hospital administrators considering their own lawsuit would argue that Boston Medical has been given more than its fair share of state funding when compared with other hospitals across the Commonwealth that care for large populations of poor residents.

    For one thing, BMC received $88 million for disproportionate-care treatment from the state in May, while the six hospitals involved in the current discussions received $42 million between them this year to treat poor patients — yet those six institutions care for more than double the volume of such patients as Boston Medical does.

    “We met with the attorney general,” Porten said. “We might not be smart enough to know what amount is fair, but we’re smart enough to know that there are at least two definitions of fair now, and we want the legal system to define for us what is fair. We should be paid at Boston Medical Center’s rate, or, if we’re all being paid at our rate, then Boston Medical Center shouldn’t get additional money.

    “We’re reviewing our options,” he continued, “and we’ll do what’s in the best interest of our hospitals to make sure that our disproportionate-share hospitals are paid a parity rate.”

    Hospital CEOs say they understand the fiscal strain caused by the state’s insurance reform, soaring treatment costs, and recession-strapped government coffers. But Porten says he’s just looking for a fair shake.

    “We don’t begrudge Boston Medical what they’ve received; we all need the funding,” Porten told BusinessWest. “But there has to be some parity. There should be no difference between the poor of Holyoke and the poor of Boston.”

    Joseph Bednar can be reached at

    [email protected]

    Sections Supplements
    Staying in the Market Using Active Management Is a Wise Strategy

    Successful investing has never been for the faint of heart.

    This has been especially true during this most recent 24-month period. Riding these recent highs and lows leaves one feeling quite dizzy. We have always maintained that a well-diversified portfolio employing high quality, active managers, coupled with a disciplined approach, will position investors favorably to take advantage of opportunities that the markets offer during periods of extreme volatility.

    Last fall, when the economy and the markets came to a screeching halt, investor sentiment turned extremely negative in a very short period of time. As we then moved from the end of 2008 into the start of the new year, sentiment and the markets turned even gloomier.

    Many investors could not stomach the idea of seeing their investment values decrease any further on paper; therefore, they moved to cash. These investors fled to ‘safe’ havens such as cash and Treasury bills, even when doing this meant receiving no interest payments. This stampede to cash created various dislocations in the markets, or, in other words, opportunities for those investors with the fortitude to stay the course. Since this year’s low on March 9, when the Dow reached levels in the 6,500 range, we have seen a tremendous run up in stock prices. It is, however, very important to note that not all stock price levels have increased significantly. This highlights the importance of investing with quality managers who can identify trends and pick stocks wisely.

    There are market cycles when active managers, as opposed to passive management (as in index funds), produce significant value for their investors. We believe we have entered such a cycle. Extreme volatility in investor sentiment has resulted in an unprecedented amount of cash on the sidelines (not invested in the stock market). There is currently more than $11 trillion in cash and/or money-market accounts. Eventually much of those balances will be deployed in investments with the potential for a higher return than cash and/or money-market accounts. The successful investor should already be positioned in a diversified portfolio before other investors enter the markets chasing returns as prices increase.

    As financial advisors, we believe it is our responsibility to assist clients in taking as much emotion out of investment decisions as possible; following the herd is not an investment strategy. These investors who have stayed the course have been, and in our opinion will continue to be, rewarded with rebounding portfolio values.

    Once again, the old adage that it is time in the market, not timing, is proving to be the successful long-term strategy. Research has shown that being out of the market for just 20 of the best market days over the last 25 years cut investor returns in half. Since none of us ever knows what the best or worst days will be until we have the benefit of hindsight, staying the course will allow investors to take advantage of opportunities that are disguised as anything but.

    Lorraine A. Hart and Cheryl A. Patterson are principals of Hart & Patterson Financial Services, LLP. They are certified financial planners, each with more than 25 years of financial planning experience. Hart & Patterson Financial Services, LLP is an independent financial-planning firm with offices in Amherst and Northampton. It handles multiple facets of financial planning, including wealth management, investment management, retirement plans for businesses and individuals, estate planning, insurance services, charitable giving, and tax planning; (413) 253-9454.

    Sections Supplements
    Effective Planning Can Help You Pass This Critical test

    The thought of saving for college crosses almost every parent’s mind, sometimes even before their child is born. Yet, for various reasons, a college savings fund often does not become a reality until many years later, if ever.

    Whether or not you start saving for your child’s education early on, the cost of that college education will continue to increase and, most likely, more than double from the time a child takes her first step to the day she starts her freshman year.

    Few would dispute the value of a college education. Aside from the personal and intellectual growth, the financial reward is undeniable. In the U.S., four-year college degree graduates earn, on average, 62% more than those with only a high-school diploma. Those with a master’s degree earn almost twice as much, and those with professional degrees, over three times as much as high-school graduates. Over a lifetime, the gap in earnings between those with a high school diploma and those with an undergraduate degree or higher exceeds $1 million.

    Still, the price of a degree could jolt almost anyone’s budget. During the five-year period ending in 2007, the nation’s average public and private college costs rose by 31% and 41%, respectively.

    When on-campus housing, books, supplies, transportation, and other personal costs are factored in, the average cost to attend a public four-year university or college for one year is $17,336, and $35,374 at a private institution.

    If that isn’t enough to make you want to start saving today, consider this: students are taking an average of more than six years in public four-year colleges and more than five years in private four-year colleges to earn a bachelor’s degree. If these trends continue, most parents who plan to help fund their children’s education can’t afford to put off saving for it.

    Reducing Sticker Shock

    To help you determine how much money you will need to pay for an education once your child reaches college age, there are a number of online calculators, such as those found at www.finaid.org, www.collegeboard.com, or www.nmfn.com. Unless your children are elementary school age or younger, involve them in the process to determine if they:

    • Plan to attend a private or public college or university, community college, or technical institute;
    • Want to live at home or on campus while attending school; or
    • May take more than four years to finish school.
    • It is never too early to begin saving for college. A great place to start includes any of the most popular plans used today, such as Section 529 plans, Coverdell Education Savings Accounts (ESAs), custodial accounts, and life insurance. In addition to the possible benefits of compounding, these plans may also provide great tax advantages.

      Better Late Than Never

      Now matter how late in the education savings game you get started, if, after factoring in the amount you already have saved, you still fall short, various options may be available, including:

      • Grants and Scholarships: Your child need not be a budding Einstein in order to qualify for some of the existing scholarships. Grants based on such factors as your income, place of employment, or even a relative’s military service are available to qualifying individuals.
      • Student Loans: The Federal Student Aid Information Center provides a variety of free publications that are available by calling (800) 433-3243. The center’s Web site, www.federalstudentaid.gov, allows you to complete the free application for federal student aid online. It also provides tips on reducing college costs, finding non-federal scholarships, and other helpful topics.
      • Home Equity Loans: In some instances, the best option to help pay for college education can be leveraging the equity in your home. Banks offer a variety of programs, from flat loans at a fixed interest rate to lines of credit that can be accessed on an as-needed basis.
      • Life Insurance: The cash value of a life insurance policy is one of the few assets not considered in determining eligibility for financial aid. If you have permanent life insurance, you may have an additional source of cash. Your insurance representative can help you determine how much cash is available in any policies you own as well as any potential implications that may arise.
      • Above all, don’t be afraid to ask for advice when planning your child’s education, regardless of how late you might be starting this process. Financially, emotionally, and psychologically, it is probably one of the biggest investments you will ever make.

        And the impact on your child’s future will last a lifetime.

        John Joyce is a financial representative with Northwestern Mutual Financial Network, the networking name for the sales and distribution arm of the Northwestern Mutual Life Insurance Co.; (413) 748-6000.

        Departments

        Ten Points About : Cobra Insurance

        By KRISTINA DRZAL HOUGHTON, CPA, MST

        1. Effective March 1, 2009, the American Recovery and Reinvestment Act of 2009 changed the COBRA provisions.


        2. Employees who lose coverage due to involuntary loss of employment from 9/01/08 to 12/31/09 are eligible for a 65% subsidy of their COBRA premiums under the act. This percentage applies whether or not the employer pays for a lesser portion of the costs for active employees.
        3. The subsidy for COBRA continuation premiums applies for up to nine months for workers who have involuntarily terminated, and for their families. This period terminates sooner should the former employee become eligible for other group coverage.
        4. The employer recovers the cost of the subsidy on their quarterly Form 941 filings.

        5. The subsidy applies to group health plans that are subject to the federal COBRA continuation rules.

        6. Typically, the amount of the subsidy is excluded from the recipient’s gross income. However, for individuals with modified adjusted gross income in excess of $125,000 or $250,000 for married filed jointly, amounts will be includable in income based upon a phase-in calculation. Regardless, the individual is still eligible for the subsidy.
        7. COBRA subsidy applies to continuation coverage of any group health plan except a flexible spending arrangement. This includes vision-only or dental-only plans and ‘mini-med plans,’ whether or not the employer pays for a portion of the costs for active employees.
        8. Individuals who became eligible for COBRA between 2/17/09 and 12/31/09 must be notified of the new subsidy in the normal course of their COBRA notification. Special provisions applied to individuals who became eligible between 9/01/08 and 2/16/09.
        9. Notice must be given to each qualified terminated employee, not just covered employees, who experience a qualifying event during the covered period.

        10 The IRS published Notice 2009-27 covers many examples of specific situations. This notice is available at www.irs.gov . The full version of Model Notices are available at www.dol.gov/ ebsa/cobramodelnotice.html.

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

        Opinion
        It’s Time for the State to Fund All Hospitals Equitably

        There has been a great deal of national debate about health care lately. Here in Massachusetts, many of our hospitals are facing a crisis that is every bit as critical.

        Holyoke Medical Center is one of the hospitals that is most affected.

        Though Holyoke Medical Center, formerly Holyoke Hospital, has been a vital component in taking care of the region’s most needy patients ever since it opened in 1893, we are witnessing an unparalleled crisis in state funding. For many years millions of dollars in state funding have flowed to facilities such as Boston Medical Center because, like us, they take care of the poor. There is no doubt that they do. And there is also no doubt that, thanks to state funding, Boston Medical Center, a fellow nonprofit facility, finished fiscal year 2008 with a profit of nearly $55 million. During the same period, Holyoke Medical Center, which also treats tens of thousands of poor people each year, lost $951,000. Something is not right with the system.

        There are 14 community hospitals in Massachusetts designated as ‘disproportionate-share hospitals,’ each of which serves a large population of the poor and medically needy. A hospital is designated as a disproportionate-share hospital if more than 63% of the care it provides is reimbursable by public payers — Medicaid, Medicare, and Commonwealth Care. It is not just the poor who are served by such hospitals, but also people at risk of being underserved due to age, culture, or disability, or who lack the resources, insurance, education, or ability to travel for care. These hospitals — including Holyoke Medical Center — serve the most needy and vulnerable populations in cities that are struggling to provide services. Others are located in rural areas with challenged economies like the Berkshires and Cape Cod.

        Each year, Holyoke Medical Center treats more than 40,000 patients in its Emergency Department alone. Additional services extend its reach to hundreds of thousands of patients. But many of the patients who come to the ER seeking care cannot afford to pay. We’ve never turned anyone away based on their income level, nor would we. The fact that we take care of this population is just one reason we are essential to this community and to this state.

        And all we ask is that we are compensated fairly for this invaluable service, on par with hospitals in the Boston area.

        It’s quite likely you know someone, a friend or a family member, who works at Holyoke Medical Center. HMC and its affiliates employ more than 1,800 people, and as the largest non-public employer in Holyoke,we pump more than $300 million in direct and indirect spending back into the local economy each year.

        Our nurses and other professionals deserve to be compensated on par with those in Boston. Our patients deserve access to the same state-of-the-art medical equipment that Boston patients can access because their hospitals are adequately reimbursed for caring for the poor. The issues facing our hospital are no less pressing than the issues facing Boston Medical Center or Cambridge.

        Western Mass. patients deserve better. You deserve better.

        There is a growing gap between critical health care dollars being spent in Boston and elsewhere in Massachusetts. Hospitals such as Holyoke Medical Center are severely underfunded, and if the budget shortfalls continue, then the caring that has gone on at this facility and others for generations will be in severe jeopardy.

        Supporting our community safety-net hospitals is critical to the health and strength of the towns and cities that depend on them for jobs, to stimulate the economy, and to care for the residents of our communities, including those most in need. In the end, what we ask for is fair and equitable support to fulfill this mission.

        Please express your concerns on this issue to the Commonwealth’s administration and legislators.

        Hank Porten is president of Holyoke Medical Center.

        Sections Supplements
        Area Builders Face Dwindling Job Opportunities, Stiffer Competition
        A.J. Crane says building opportunities still exist right now, but contractors must stay flexible.

        A.J. Crane says building opportunities still exist right now, but contractors must stay flexible.

        When David Fontaine surveys the construction landscape in Western Mass., he doesn’t like the little that he sees.

        “Unfortunately, this is the slowest we’ve been in at least 30 years,” said Fontaine, president of Fontaine Brothers in Springfield. “And it’s not for a lack of effort; we just can’t seem to get the low bid.”

        Part of that is the intense competition that has arisen to procure a dwindling number of available projects as the recession lingers. “In the most recent project we bid for, there were 18 bids. It’s just something we’ve never encountered as long as we’ve been here.”

        Richard Aquadro, president of Aquadro & Cerruti in Northampton, has witnessed the same phenomenon.

        “It’s brutally competitive, a very tough environment,” he said. “Last year wasn’t bad, even though the economy wasn’t great then, either. We did more volume last year than we had the previous two years. We lucked out, hit some good jobs, and did a fair amount of volume. But 2009 has been tough.

        “There are fewer jobs in what I call my market,” Aquadro added, noting that he typically tackles projects between $5 million and $30 million. “I see the bigger players chasing them and, surprisingly, getting some of them. They generally have more overhead, but they’re taking the jobs for nothing.”

        It’s a common refrain these days, as builders across the Pioneer Valley struggle to keep their machines moving and income flowing — and no one has a clear idea of when opportunities will pick up again.

        One Job at a Time

        A.J. Crane, operations manager for A. Crane Construction in Chicopee, said his small firm is weathering the storm, thanks to an effective network of relationship marketing that relies on repeat business and word of mouth.

        “It reflects the time we’ve put in, not with just cold calls or advertising, but more personally reaching out to people. It’s tougher now. You’ve got to sharpen your pencil.”

        Indeed, Crane said nailing down commitments has become more difficult as customers increasingly realize that they’re in the driver’s seat.

        “We never had to quote much,” he said, but people know the way things are now, and they know that contractors are hurting.”

        Some builders, Crane said, are cutting corners by not carrying insurance, which makes it more difficult for those who do.

        “I think people realize the value of being covered,” he said. “Someone who doesn’t do that can fly under the radar. But we spend $2,000 a week on insurance, and there are still customers out there that appreciate that.”

        In these times, Crane said, it helps to be willing to take jobs of any size. The company is building a 5,200-square-foot home in Sturbridge and undertaking a $70,000 kitchen remodel in Ludlow, but is also taking on much smaller-scale work as opportunities arise.

        “We don’t limit ourselves,” he said. “We’re not above doing storm doors. And I think it hurts a lot of guys when they don’t want to take small jobs.”

        Flexibility has long been a plus in construction, to insulate builders from slowdowns in particular industries, said Aquadro, who has tackled major jobs ranging from hospitals and schools to parking garages and athletic fields, and everything in between. But diversity has its limits, he said.

        “What has happened in the industry is that some jobs are being handled differently,” Aquadro said, explaining that, “as opposed to the hard, competitive bids of the past, they’re now being handled through an RFP [request for proposal] process, where you submit qualifications, fees, things like that. And you have to have a certain number of jobs similar to the one they’re proposing to do. So as opposed to being diversified and being able to do a lot of different things, it’s almost becoming a specialized market.”

        Colleges have always pumped a steady stream of jobs to area builders; Fontaine recently began work on Western New England College’s new School of Pharmacy, for one, and noted that WNEC has always been willing to take advantage of a down market.

        On the other hand, outside of education, “it does seem like the private sector is pretty quiet,” he said. “The public sector is quiet, too, although bridges and roads seem a bit busier. Driving down the Mass Pike or the 91 corridor, there’s a lot of activity.”

        Uncertain Outlook

        Overall, however, the picture remains cloudy for area contractors. Some ongoing work for Aquadro & Cerruti at Amherst College was recently put on the back burner — not an uncommon story for builders during uncertain economic times.

        “In some respects, there’s not enough work on the ground for everyone,” Aquadro said. “Competition has always been keen in the Valley.”

        The difference now is that larger contractors are moving aggressively to pick up mid-range jobs, which has forced the company to adjust its strategy. “We’re forced to bid in smaller projects against smaller companies that have less overhead and may not have the labor-union agreements we have, which makes it even more difficult to bid.”

        “I see us just trying to get through 2010,” said Fontaine, who doesn’t foresee a huge upswing in businesses undertaking new construction projects for the time being. “There are a lot of studies out there, but it takes a good year before a study gets turned into work for a tradesperson.”

        In other words, there’s not much to build on right now.

        Joseph Bednar can be reached

        at[email protected]

        Departments

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

        Oct. 14: ACCGS After 5 Table Top Exhibit, hosted by the MassMutual Center in Springfield, 5 to 7 p.m. Tickets: $125 for members, $175 for non-members.

        Oct. 15: West of the River Legislative Breakfast, hosted by Chez Josef in Agawam, 7:15 to 9 a.m. Guest speaker is Dolores Mitchell, executive director of the Group Insurance Commission. Tickets: $20 for members, $30 for non-members.

        Oct. 23: Super 60, hosted by Chez Josef in Agawam, 11:30 a.m. to 1:30 p.m. Tickets: $45 for members, $65 for non-members.

        Oct. 27: West of the River Chamber of Commerce Board Meeting, hosted by Captain Charles Leonard House, 7:30 to 9 a.m.

        Oct. 28:  Executive Power Networking, hosted by TD Banknorth Conference Center,7:30 to 9 a.m. Tickets: $20 for members, $30 for non-members.

        Young Professional Society of Greater Springfield
        www.springfieldyps.com  

        Oct. 15: Third Thursday, hosted by Hofbrauhaus restaurant in West Springfield.

        Amherst Area Chamber of Commerce
        www.amherstarea.com

        Visit the chamber online to learn more about upcoming events.

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

        Oct. 27: 12th Annual Table Top Meeting, hosted by Castle of Knights, 1599 Memorial Dr., Chicopee, 4:30 to 7 p.m. Presented by South Hadley/Granby, Chicopee, Greater Holyoke, and Greater Westfield chambers of commerce. Exhibitor tables cost $90; reserve online at www.chicopeechamber.org or call (413) 594-2101. Admission; $5 for members, $10 non-members

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

        Visit the chamber online to learn more about upcoming events.

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

        Oct. 14: Networking by Night Business Card Exchange , hosted by Nini’s Ristorante, 124 Cottage St., Easthampton, 5 to 7 p.m. Sponsored by Greater Easthampton Jr. Miss Program. Event will include door prizes, hors d’ouevres, and a cash bar. Tickets: $5 for members, $15 for non-members.

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

        Oct. 14: Fall Salute Breakfast, hosted by the Delaney House, Country Club Road, Holyoke, 7:45 a.m. Sponsored by Holyoke Medical Center. Tickets are $18. Tables reserved for parties of eight.

        Oct. 21: Chamber After Hours, hosted by Holiday Inn, 245 Whiting Farms Road, Holyoke, 5 to 7 p.m. Sponsored by Yellowbook. Admission: $5 for members, $10 for non-members. 

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

        Oct. 16: Chamber Information Session, Greater Northampton Chamber of Commerce, 12 noon to 1 p.m. Considering membership? Come to an information session.

        Northampton Area Young Professionals
        www.thenayp.com

        Oct. 8: October’s Party with a Purpose, hosted by dani. fine photography in the Eastworks building in Easthampton.

        Quaboag Hills Chamber of Commerce
        (413) 283-2418
        www.qvcc.biz

        Visit the chamber online to learn more about upcoming events.

        South Hadley/Granby Chamber of Commerce
        (413) 532-6451
        www.shchamber.com

        Oct. 20: Beyond Business, hosted and sponsored by Olde Hadleigh House & Patio, 5 to 7 p.m. No guest speaker. Cost: $5 members, $10 for general public, who are welcome. RSVP at (413) 532 6451 by Oct. 16.

        Oct. 27: 12th Annual Table Top Meeting, hosted by Castle of Knights, 1599 Memorial Dr., Chicopee, 4:30 to 7 p.m. Presented by South Hadley/Granby, Chicopee, Greater Holyoke, and Greater Westfield chambers of commerce. Cost: $5. To reserve a table, call (413) 532-6451.

        Three Rivers Chamber of Commerce
        (413) 283-6425
        www.threeriverschamber.org

        Visit the chamber online to learn more about upcoming events.

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

        Oct. 21: Greater Westfield Chamber of Commerce WestNet After Hours Networking, hosted by East Mountain Country Club, 1458 East Mountain Road, Westfield, sponsored by Sovereign Bank. Cost: $10 for members, $15 for non-members. For reservations, call (413) 568-1618, e-mail [email protected], or register at www.westfieldbiz.org.

        Oct. 27: 12th Annual Table Top Meeting, hosted by Castle of Knights, 1599 Memorial Dr., Chicopee, 4:30 to 7 p.m. Presented by South Hadley/Granby, Chicopee, Greater Holyoke, and Greater Westfield chambers of commerce. Display tables cost $90 for members. For reservations, call (413) 568-1618, e-mail [email protected] , or register at www.westfieldbiz.org.

        Departments

        MassMutual Honored for Benefits to Working Moms

        SPRINGFIELD — Massachusetts Mutual Life Insurance Company (MassMutual) has been named one of the 2009 Working Mother 100 Best Companies, a recognition of its commitment to provide programs and services to help ensure the retention and advancement of working mothers. The Working Mother 100 Best Companies is a 24-year-old research initiative by Working Mother Media that has become one of the most important benchmarks for work-life practices in corporate America. Profiles of the 100 Best Companies are in the October issue of Working Mother magazine and will be available at workingmother.com. Companies were selected based on an extensive application with more than 500 questions on workforce, compensation, child care, flexibility programs, leave policies, and more. For this year’s 100 Best, particular weight was given to benefits, flexibility, and parental leave. According to Working Mother Media, MassMutual and the other companies on the list are leading the way in pioneering programs that support families, with 100% of the companies on the list offering flex time, on-site lactation areas, and telecommuting; and 98% offering job-sharing and wellness programs. Financial programs — including tuition reimbursement, retirement planning, and pre-tax flexible spending accounts for child care — available to employees of the 100 Best are on the rise, a much-needed boost for families in today’s economy, according to Working Mother Media.

        Atlantic Fasteners Receives STAR Award

        WEST SPRINGFIELD — Lockheed Martin-Electronic Systems formally presented the STAR Supplier Award recently to officials at Atlantic Fasteners. The award recognizes high-performing suppliers of electronic systems and Lockheed’s other three business areas. Atlantic Fasteners met the quality, delivery, and other business requirements set and evaluated by Electronic Systems for at least 12 months. Of the Lockheed division’s 4,625 vendors, only 36 received the award, placing Atlantic Fasteners in the top 1% of suppliers. Companies are re-evaluated annually to ensure they remain worthy of keeping the STAR Supplier status. Marc Dionne, military-aerospace division leader at Atlantic Fasteners, noted that the award is an honor and a great motivator for all employees in the aerospace division. Atlantic Fasteners is a worldwide, ISO 9001:2000-certified supplier of commercial and military-aerospace fasteners.

        Foundation Awards $80,000

        WEST SPRINGFIELD — The United Bank Foundation recently awarded grants totaling $79,535 to a variety of initiatives designed to enrich life in communities served by the bank. Several of the awards were directed to education-related endeavors, including a $5,000 grant to Junior Achievement of Western Massachusetts to fund economic education and financial literacy programs for youngsters in East Longmeadow, Agawam, and Northampton; and $5,000 to the Science, Math and Reading Tutoring (SMART) program offered by the Springfield School Volunteers. Holyoke Community College received $10,000 for its ENLACE program, which promotes the increase of high-school-graduation and college-enrollment rates among Latino students in Holyoke. Also, education services provided by the Gray House Inc. in Springfield for adults living in poverty will benefit from a $7,500 grant. The Foundation awarded $2,000 to Westfield High School for the high school and middle school science fair, and $1,000 to Homework House Inc. for tutoring low-income families in Holyoke. The Foundation also supported efforts underway to improve the physical infrastructure of organizations that deliver vital services in the community. A $10,000 grant was made to American International College for capital improvements to the Schwartz Campus Center and renovation of the school’s athletic stadium and fields. Forum House, Human Resources Unlimited Inc.’s Westfield-based program for adults with mental illness, will use its $5,000 award to install new, energy-efficient windows and lighting. A $15,000 award to support renovations in the Emergency Department of Noble Hospital will be made over the course of two years.

        Bay Path Ranks in Top Tier of Report

        LONGMEADOW — Bay Path College earned the #31 spot among Best Baccalaureate Colleges in the North in the 2010 edition of “America’s Best Colleges” by U.S. News & World Report. This is the sixth year in a row that Bay Path has been included in the top tier. The exclusive rankings were published in the magazine’s September issue. The annual rankings represent the most comprehensive look at how schools stack up based on a set of 15 indicators, and help consumers evaluate and compare data compiled from more than 1,400 accredited four-year schools. For more information on the magazine’s rankings, visit www.usnews.com/sections/rankings..

        Departments

        Juliet Locke of Vanasse Hangen Brustlin Inc. has earned her professional Traffic Operations Engineer Certification. Locke is a Transportation Engineer in the firm’s Springfield office. The certification demonstrates knowledge, skill, and ability in the specialized application of traffic operations engineering.

        •••••

        Westfield State College recently welcomed three new members of its Board of Trustees. They are:
        • Judge Terry M. Craven of Milford. An associate justice for the Suffolk County Juvenile Court, she is a 1973 graduate from Westfield State with a bachelor’s degree in psychology. She also received an honorary doctor of laws degree from the college in 2008 for her service in juvenile justice. She received her juris doctor degree from New England School of Law in 1987. She is known as an expert in juvenile and family law. Besides being founding director and co-clerk of the Juvenile Bar Assoc., she has served on its board of directors for more than a decade. She designed and implemented the first diversion program for female offenders at Boston Juvenile Court. Other honors she has received include citations from both the Massachusetts House of Representatives and Senate for her work with delinquent children and their families, and she was the 2006 recipient of the Juvenile Bar Association’s Judge Leo Lydon Award.
        • Christel Ford Berry of Hartford, who has been the head of Ford Berry Associates in Hartford for more than 25 years as part of her successful career as an attorney and financial planner. She previously was an associate attorney with the Hartford law firms Hebb & Gitlin and Shipman & Goodwin. She has also been active in professional and civic organizations. She is a board member of the Hartford Courant Foundation, treasurer and board member of Connecticut Landmarks, and a member of the Hartford Assoc. for Women Attorneys. She is also on the Board of Trustees of Friends of Elizabeth Park, a senior fellow of the American Leadership Forum, and an incorporator of the Hartford Seminary in Hartford and the American School for the Deaf in West Hartford. She has a bachelor’s degree from Barnard College and a juris doctor degree from the University of Pennsylvania.
        • Berry Meersman, a sophomore at Westfield State majoring in History and Secondary Education. A 2008 graduate of Shepherd Hill Regional High School, he became active in college life as a freshman, being selected as all-college representative for the Student Government Assoc. He was elected by the student body last spring to represent them on the Board of Trustees. “I hope I will be a good voice on the board for the students and hope to bring the student voice to any decision that has to be made for the school,” he said. Meersman praised his high-school history teachers for inspiring him to study history in college, and said he is happy with his decision to come to Westfield State.

        •••••

        Dr. Gargi Kundu has joined Hampden County Physician Associates’ new Springfield office at 300 Stafford St. on the Mercy Medical Center campus. She will establish her primary care practice in internal medicine. Kundu earned her medical degree from Kasturba Medical College in Manipal, India, and completed her internship in internal medicine at St. Luke’s Hospital in Bethlehem, Pa. She completed her residency in internal medicine at Robert Packer Hospital, Sayre, Pa., and her fellowship in hematology and oncology at the Medical College of Wisconsin in Milwaukee.

        •••••

        Bulkley, Richardson and Gelinas in Springfield announced the following:
        • Mary Jo Kennedy will serve as a Regional Delegate in the Massachusetts Bar Assoc. House of Delegates for the next year, representing Hampden County; and
        • Attorney David R. Roulston will serve as a Regional Delegate in the Massachusetts Bar Assoc. House of Delegates for the next year, representing Franklin, Hampshire, and Berkshire counties.

        •••••

        The National Priorities Project of Northampton has hired Christopher Hellman as its Director of Research.

        •••••

        Richard S. Keating has been named Vice President for Strategic Initiatives at the Centers for Internationalization and Academic Initiatives at Western New England College in Springfield. In his new position, Keating will improve the ability of WNEC to anticipate and respond quickly to emerging opportunities, particularly in the areas of developing undergraduate and graduate degree programs as well as non-credit and certificate programs, and the international recruitment of students.

        •••••

        Dr. Lanceford M. Chong has joined the staff at Cooley Dickinson Hospital in Northampton. Chong received his medical degree at the University of California, San Francisco Board of Medicine. He joins the cancer care-radiation oncology program as a Radiation Oncologist.

        •••••

        Michael J. Akey has joined Berkshire Bank as a Mortgage Loan Originator in the Pioneer Valley. He will concentrate his efforts on home loans in Franklin and Hampshire counties from his office at MassOne Insurance Agency, a Berkshire Bank affiliate, 117 Main St., Greenfield.

        •••••

        Samuel Johansson has joined the firm of Aaron Smith, P.C., public accountants, in East Longmeadow. He is a recent graduate of Western New England College in Springfield with a bachelor’s degree in business administration. He worked as an intern with Aaron Smith in the spring.

        •••••

        Jim Kervick, an employee of United Personnel, was recently awarded the Massachusetts Staffing Assoc. Employee of the Year Award for 2009. The prestigious honor, awarded to one staffing employee in the state of Massachusetts, is given to an employee who exemplifies the five main reasons to consider temporary staffing as an employment option: jobs, flexibility, bridge, choice, and training. Kervick was selected as the winner over 14 other finalists from across the state. In his role as an on-site manager at two of United’s larger-volume clients, Kervick is responsible for the day-to-day communication with the on-site temporary staff and for assuring that United’s (and the client’s) performance standards, policies, and procedures are being met. United Personnel has offices in Springfield and Easthampton.

        •••••

        Emma R. Dias has been hired at Cooley Dickinson Hospital in Northampton as an Interpreter to provide on-site services for non-English-speaking patients.

        •••••

        Attorney Lori Rittman Clark has been named to the SS&C SummerWind Performing Arts Center Board of Directors. The arts facility is a 5,000-seat outdoor performing center in Windsor, Conn. Clark is a Partner in the Hartford office of Hinckley, Allen & Snyder, where her practice is in the area of employment law.

        •••••

        Ellen Hatzakis has been named Chief Operating Officer for HAP Housing in Springfield. She has been with HAP Housing for 30 years, most recently as Associate Executive Director for Finance and Administration. She started her career as a Housing Counselor.

        •••••

        Shatz, Schwartz and Fentin, P.C., of Springfield announced that the following attorneys had been named to the 2010 edition of Best Lawyers:
        • Stephen A. Shatz, specializing in banking law, corporate law, and real estate law;
        • Timothy P. Mulhern, specializing in corporate law and tax law;
        • Steven Weiss, specializing in bankruptcy and creditor-debtor rights law;
        • Ann I. Weber, specializing in elder law; and
        • Carol Cioe Klyman, specializing in elder law.

        •••••

        Gordon G. Dinsmore Jr. has been appointed President of Berkshire Life Insurance Co. in Pittsfield. He will be responsible for managing the risk and product portfolio for the two product lines Berkshire issues on behalf of the Guardian Life Insurance Co. of America — disability insurance and long-term care insurance. Berkshire Life Insurance Co. is a wholly owned stock subsidiary of the Guardian Life Insurance Co. of New York.

        •••••

        Attorney Franklin L. Baxley has joined the Springfield law firm Robinson Donovan. Baxley specializes in employment law counseling and litigation.

        •••••

        Drs. Richard Moser, Frederik Pennings, and Julie Pilitsis have joined the medical staff at Wing Memorial Hospital and Medical Center in Palmer. The three board-certified Neurosurgeons are from the UMass Memorial Medical Center in Worcester. The physicians conduct neurosurgical evaluations for pediatric and adult patients with spinal disorders, cerebrovascular disease, movement disorders, brain tumors, and other disorders of the spine and brain. Moser earned his medical degree from Loyola University’s Stritch School of Medicine and completed his surgical residency at the University of Minnesota. Pennings is a graduate of the University of Leyden Medical School in the Netherlands, and completed his surgical residency at the Academic Medical Center of the University of Amsterdam. Pilitsis earned her medical degree from Albany Medical School and completed her surgical residency from Wayne State University in Michigan.

        Sections Supplements
        Depth and Diversity of the 2009 Winners Offer Some Things to Celebrate

        The Affiliated Chambers’ Super 60 lists have consistently reflected the strength and diversity of the region’s economy, and the Class of 2009 is no exception. The ‘Total Revenue’ and ‘Revenue Growth’ compilations both display well-performing companies in sectors ranging from health care to manufacturing; service to education; retail to technology.

        COMPANIES BY TOTAL REVENUE OMPANIES BY REVENUE GROWTH
        Whalley Computer Associates Inc. R & R Industries Inc.
        Savage Sports Corporation Western New England College
        Springfield College Spectrum Analytical Inc.
        Associated Electro-Mechanics Inc. American Pest Solutions Inc.
        Braman Termite & Pest Elimination Axia Insurance Services Inc.
        Center for Human Development Bern Optics Inc.
        City Tire Co. Inc. Communication Solutions Partners Inc.
        Court Square Group Inc. Custom Carbide Corp.
        The Dennis Group, LLC The Delaney House
        Disability Management Services Inc. Dimauro Carpet & Tile Inc.
        Environmental Compliance Services Inc. Edizen
        Insurance Center of New England Inc. Emergency Medicine Solutions LLC
        Joseph Freedman Co. Inc. FieldEddy Insurance
        Kittredge Equipment Company Footit Surgical Supplies Inc.
        Kleer Lumber, LLC Gandara Center
        The Log Cabin Banquet & Meeting House The Gaudreau Group
        Marcotte Ford Sales Inc. Haluch Water Contracting Inc.
        Maybury Material Handling Innovative Business Systems Inc.
        Mental Health Association Inc. Jet Industries Inc.
        Parts Tool & Die Inc. McGill Hose & Coupling Inc.
        Rediker Software Inc. Millrite Machine Inc.
        Rocky’s Hardware Inc. Moriarty & Primack P.C.
        Tighe & Bond Inc. Proshred Security International Inc.
        United Personnel Robert F. Scott Co. Inc.
        University Products Inc. Savage Sports Corporation
        Valley Communications Systems Inc. Sullivan & Associates Inc.
        W.F. Young Inc. Tech Roofing Service Inc.
        West Springfield Auto Parts Wegrzyn Dental Group
        YMCA of Greater Springfield Whalley Computer Associates Inc.

        YWCA of Western Massachusetts

        Whalley Precision Inc.

        Russ Denver says the Super 60 recognition program has never been about five dozen companies celebrating their individual success in a given year.

        OK, it’s not just about that, said Denver, president of the Affiliated Chambers of Commerce of Greater Springfield, which oversees the program. He noted that some firms — or the accounting firms that nominate them — want to tout their accomplishments and solid growth rates. From a big-picture perspective, the program, now 20 years old and expanded from what used to be called the Fabulous 50, is a celebration of what the 60 firms collectively represent.

        Specifically, they connote strength and diversity, said Denver, and plenty of that will be on display at the annual Super 60 luncheon and Recognition Program on Oct. 23 at Chez Josef in Agawam.

        Virtually every sector of the economy is represented on this year’s list, from manufacturing to service; financial services to health care; technology to education. A quick look at the list shows companies and institutions ranging from Springfield College to the Rocky’s Hardware Chain; from McGill Hose & Coupling Co. to the YWCA of Western Massachusetts.

        “There’s an old saying about there being strength in numbers,” said Denver. “There’s certainly strength in these numbers — from the list of business sectors represented to the totals for revenue to the average growth rates for the winners in that category.”

        That revenue figure exceeds $1 billion again this year, said Teddy Woeppel, communications director for the AGGCS, noting that average revenues for all applicants was $19 million, while for the top 30, they exceeded $32 million. As for growth, the numbers were again solid, especially given the economic conditions, she said, adding that the average for all participants was 25%, while for the winners, it was more than 40%.

        Breaking down the lists further, Woeppel said two companies, Whalley Computer Associates Inc. in Southwick and Savage Sports Corp. in Westfield, qualified in both categories. Meanwhile, 65% of the winners were ACCGS members, with 22 belonging to the Springfield Chamber, nine to the West of the River Chamber, and eight to the East of the River 5 Town Chamber.

        The top three finishers in the ‘Total Revenue’ category were Whalley Computer Associates, Savage Sports, and Springfield College. On the ‘Growth’ side of the ledger, the top three finishers were R & R Industries, Western New England College, and Spectrum Analytical. Beginning on page 16, BusinessWest offers brief snapshots of each of the 60 companies on this year’s lists.

        The Oct. 23 luncheon will begin at 11:30 a.m. It is being sponsored by Health New England, Hampden Bank, Sullivan Hayes & Quinn, Nuvo Bank & Trust Company, and Zasco Productions. The keynote speaker will be author and customer-service expert Dennis Snow, who spent more than 20 years working for the Walt Disney Company in customer service and is now a full-time motivational speaker, trainer, and consultant.

        Opinion
        A Step to Manage Health Costs

        Massachusetts’ managed care organizations lead the nation in quality of care and consumer satisfaction. So it is no surprise that the percentage of people in the Commonwealth’s private health insurance market who use managed care is the highest in the nation.

        But 325,000 of the 750,000 Massachusetts residents receiving full benefits under the federal Medicaid program are not enrolled in managed care plans. These individuals are enrolled in a fee-for-service plan, called the Primary Care Clinician plan. Moving enrollees from the Primary Care Clinician plan into managed care plans would achieve two important outcomes: improve their care and, according to three recent studies, save the Commonwealth anywhere from $600 million to $1 billion over five years, easing the fiscal pressures of paying for health care reform.

        Medicaid will cost the Commonwealth $8.6 billion this year, and the costs are increasing much faster than either economic or overall budget growth. Between 2001 and 2006, costs grew at an average of 8 percent annually. The result was that 35 cents of every new tax dollar went to pay for Medicaid. Clearly, the status quo is unsustainable.

        With a deep recession making new revenue a pipe dream, Massachusetts faces a clear choice. We must either find a way to make Medicaid more efficient, or choose from among a slate of unappealing options like eliminating coverage for some, limiting services or cutting provider reimbursements.

        Under the Commonwealth’s landmark 2006 health care reform law, almost 240,000 formerly uninsured residents have signed up for state-subsidized health insurance, either through Medicaid or the Commonwealth Care program. Finding a way to pay for that coverage makes the need to improve the efficiency of Medicaid service delivery even more urgent.

        Managed care provides efficient, high-quality care by aligning financial incentives with clinical outcomes. It combines prevention and wellness services with programs to help individuals address specific conditions like obesity, diabetes, asthma and smoking that drive up health care costs. Patient outcomes are carefully tracked.

        Massachusetts organizations have proven adept at combining access to quality care and cost control. Their quality outcomes are among the best in the nation as measured by prevention data, patient satisfaction and outcomes. In 2007 and 2008, Fallon Community Health Plan was rated the country’s top Medicaid health plan by the National Committee for Quality Assurance.

        Despite high quality and the overall acceptance of managed care, Massachusetts has lower managed care penetration among Medicaid recipients than most other states do.

        Eliminating the Medicaid PCC plan would yield an additional $40 million in savings over two years by foregoing the cost of infrastructure and program enhancements needed to bring the plan up to par with existing managed care programs. It suffers from limited accountability and lacks a reliable mechanism for ensuring coordination among various providers. It also would appear to support the efforts of the Commonwealth’s Payment Reform Commission to move away from fee-for-service reimbursement arrangements.

        Savings wouldn’t come at the cost of patient care, as the Commonwealth’s Medicaid Managed Care providers consistently outperform the fee for service plan on many quality of care measures.

        Massachusetts’ goal of universal coverage requires that we maximize the efficiency of services offered under Medicaid. Dismantling the Commonwealth’s fee-for-service Primary Care Clinician plan and moving all recipients of full Medicaid benefits to a managed care model would do just that. Even more importantly, it would improve the quality of care for some of our most vulnerable citizens.

        Eric Schultz is president and chief executive officer of Fallon Community Health Plan. Jim Stergios is executive director of Pioneer Institute.