Home Posts tagged Law (Page 27)

Court Dockets

By
Court Dockets Departments

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

CHICOPEE DISTRICT COURT
Harold J. King Jr. v. Community Healthcare Inc. and Cynthia Wiere
Allegation: Violation of confidentiality and discrimination: $5,000
Filed: 12/30/13

GREENFIELD DISTRICT COURT
Stephanie Dudos v. Riteway, LLC
Allegation: Negligence in operation of a transit bus, causing damage to the plaintiff’s parked vehicle and personal injury: $24,999
Filed: 11/25/13

Thomas Drilling & Blasting v. Colrain Sand & Gravel Inc. and Orrin W. Isles
Allegation: Breach of contract for blasting and drilling services rendered: $22,605
Filed: 12/30/13

HAMPDEN SUPERIOR COURT
Deborah Conners v. Pride Convenience Inc. and Robert Bolduc
Allegation: Employment discrimination: $30,000
Filed: 12/2/13

F & C, LLC v. Praise & Glory Church of God in Christ Inc.
Allegation: Defendant converted plaintiff’s personal property to its own use and breached covenant of good faith and fair dealing: $150,000
Filed: 10/1/13

John E. Smith v. Edwin Skowyra, Cumberland Farms Inc., and V.S.H. Realty Inc.
Allegation: Breach of duty of care to eliminate dangerous conditions when plaintiff was struck by a vehicle that hit the Cumberland Farms store: $170,000
Filed: 11/29/13

TD Bank v. Mobile Uniforms, LLC, Douglas H. Genaske, and Kathleen M. Genaske
Allegation: Breach of promissory notes: $35,104.54
Filed: 12/2/13

HAMPSHIRE SUPERIOR COURT
Sheila Lagrenade v. Lincoln Financial Group
Allegation: Denial of benefits and unfair and deceptive trade practices: $30,000
Filed: 11/13/13

PALMER DISTRICT COURT
The Endorphin Group Inc. v. Edward L. Walulak d/b/a Ski Haus
Allegation: Non-payment of goods sold and delivered: $3,411.11
Filed: 1/2/14

SPRINGFIELD DISTRICT COURT
Affordable Shoes, LTD v. Express Kitchens Holdings, LLC
Allegation: Violation of lease agreement: $56,925.45
Filed: 12/20/13

Beacon Sales Co. v. Steven Dimeo d/b/a Classical Details
Allegation: Non-payment of goods sold and delivered: $11,926.53
Filed: 12/17/13

Reindeer Logistics Inc. v. Vitaliy’s Auto Sales Inc. d/b/a Vitaliy’s Auto Transportation
Allegation: Defendant breached contract to transport vehicle: $2,719.36
Filed: 12/18/13

Michael Moriarty

By
Class of 2014 Difference Makers

Attorney and Director of Olde Holyoke Development Corp.

He’s Taken Early Literacy to the Forefront in the Paper City

Michael Moriarty

Michael Moriarty
Photo by Denise Smith

Michael Moriarty was searching for the right words to describe how he felt when he learned how Holyoke’s third-graders fared in the reading portion of the MCAS test last year, and found an analogy that works on a number of levels.

“I kind of know what a farmer feels like when his crops fail,” said Moriarty, who has been the main architect of ongoing initiatives to bring about improvement in early literacy across the city, as he talked about his reaction to the community going backward, not forward, when it comes to third-grade literacy rates.

Officially, Holyoke went from having 20% of its third graders reading at level (the state average is just over 60%) to 13%, said Moriarty, noting that, while most other communities across the Commonwealth went down in the tests taken last spring, Holyoke’s fall was far more precipitous, leaving ample reason for conjecture and concern.

But as with the farmer and his field, when it comes to Holyoke’s participation in the national Campaign for Grade Level Reading, or GLR, which Moriarty serves as community leader, he believes the difficult work of preparing the ground and sowing seeds has been done, and now it’s time to continue the even harder work needed to cultivate positive results.

Moriarty, a third-generation attorney and former School Committee member who recently became president of Olde Holyoke Development Corp., is firmly committed to achieving those positive results, and he believes the pieces are falling into place to reverse recent trends.

These pieces include personnel, infrastructure, and a set of strategic initiatives, he said. In that first category are administrators, including new Superintendent of Schools Sergio Paez, who led Worcester’s GLR initiatives, and the city’s new early literacy coordinator, Rosemary Hernandez, who assumed her post late last month.

Holyoke, the nation’s first planned industrial city

Michael Moriarty says there are many signs of life in Holyoke, the nation’s first planned industrial city, but true revitalization won’t happen unless chronically low literacy rates are reversed.

As for the infrastructure, he went on, it is modeled after Springfield’s highly touted Read for Success program, put in place by the Irene E. and George A. Davis Foundation. It has put early literacy on the front burner in the City Homes and kept it there, and, more importantly, it has improved third-grade literacy rates from 20% to 40% through aggressive programming and creation of bridges between the community and the school department to address the matter.

And the strategic initiatives? They center around the three critical elements in poor reading proficiency — chronic absenteeism, summer learning loss, and kindergarten school readiness.

“When you look at why children aren’t reading at grade level by the fourth grade, they tend to have come to school as kindergartners not well-prepared for school or learning, they tend to not have a lot going on in the summer, so they go backwards, and they tend to be the kids who are most absent, because obviously you’re not learning a whole lot if you’re not showing up,” said Moriarty, who clearly conveyed his passion for his work as he spoke to BusinessWest. “And very often, with the kids who aren’t reading proficiently, all three of those things turn out to be true.

“When that child, for whatever reason, is not prepared for school between the ages of birth to 5, it’s already predetermining the high likelihood that they’re not going to finish high school and they’re going to be economically hobbled for the rest of their life,” he went on, effectively stating the problem — and the consequences — that drive him to find solutions to this dilemma. “And Holyoke’s got the biggest problem with early literacy of any community in Massachusetts.”

And perhaps for that reason, those involved with this initiative set a probably (most would say ‘certainly’) unrealistic goal of 80% proficiency by this year. At his last school board meeting, Moriarty introduced a motion to slice that goal to 40%, which he believes is still “crazy ambitious.”

Still, he believes the community can and will move the needle.

There are a number of examples of community activism on Moriarty’s résumé. In addition to his work on the School Committee, he’s been involved with everything from the city’s Rotary Club to the Holyoke St. Patrick’s Day Committee to the public television station WGBY. He’s also been a strong supporter of the arts and arts education, and in 2008, he and a group of community members formed Friends of Holyoke Public Schools Inc., which has funded the Summer Strings program, a free music camp for Holyoke public-school students.

But it is his work to bring the issue of early literacy into the forefront — and to be a prime mover in the effort to draft and execute a battle plan to address the problem — that puts him firmly in the category of Difference Maker.

“His advocacy has ensured that early literacy is a priority in the Holyoke public schools,” said Mayor Alex Morse, who has worked with Moriarty on many of the GLR initiatives. “The stars are starting to align, and I believe we’re going to see real progress.”

Early Chapters
Moriarty graduated from Holyoke High School in 1979, which means he can easily recall when this city, and especially its downtown, were still bustling.

“I’m one of those guys who can remember Thursday nights in downtown Holyoke,” he said with a broad smile, noting that this was payday at most of the remaining paper and textile mills and other businesses. “You would walk from one end of the street [High Street] to the other, and the sidewalks would be packed; it was not unlike being in Manhattan.”

He remembers a number of restaurants and clubs that were booming.

“There were so many places to go in downtown Holyoke at that time,” he said. “My dad’s law office was around the corner from Gleason’s Town House on Suffolk Street. I remember it was a high-end piano bar and quite a fancy place to go to.

“I got engaged at the Golden Lemon,” he went on, referring to the former restaurant on Appleton Street. “And there was a big family dinner spot called Kelly’s Lobster House, where I learned most everything I know about politics. When I was a kid, those were just three of many places to go; this was a thriving commercial center.”

But Moriarty’s timeline in the nation’s first planned industrial city means he’s also seen the climax of a slow, painful decline that actually began just after the start of the Great Depression.

By the 1970s, most all of the mills that had given the city its identity had closed or moved south. Meanwhile, in Moriarty’s junior year in high school, the Holyoke Mall opened its doors to considerable fanfare.

Those Thursday nights he recalled so fondly have continued — sort of — at the mall, he said, but downtown slowly started changing and retreating, and it has really never been the same.

Indeed, there are now vacant lots where the Golden Lemon and Kelly’s Lobster House, which burned down in the ’80s, once stood. And the city’s daily newspaper, the Transcript, which once operated on High Street and won Pulitzer prizes for its coverage of a city in decline and the issues that changed its fate, closed in 1995.

Many of the people Moriarty graduated from high school with — as well as a good number of those who came before and after — knew there were few opportunities for them in their hometown, so they left.

“I saw many of my friends’ older brothers and family members move away, because the mill jobs and the construction jobs they thought they were going to have here were out in Colorado and Florida,” he told BusinessWest. “It was a pattern I saw when I was still a kid.”

But Moriarty stayed.

Indeed, while he was tempted to stay in the Washington, D.C. area after graduating from Catholic University with a degree in Education, he ultimately decided to come back home. “I loved living in Holyoke, and I’ve never regretted coming back.”

And almost since the day he returned, he’s been involved with the community and, more recently, efforts to revive its schools. He first ran for the school board in 2000 and served 13 years.

“Education has always been a vocation for me, and I will always have some way of being engaged in that realm,” he said. “Being on the school board gave me an oversight position for a district that had a lot of issues. It was never boring, not even for a minute; there was some important work or initiative that had to be done, and I enjoyed all of it.”

He began his professional career teaching social studies at Peck Junior High School, but was laid off in 1989. With some encouragement from his wife, a lawyer, he attended Western New England University Law School and essentially carried on the family law practice started by his grandfather and continued by his father, focusing on business law, family law, and estate planning.

Roughly two decades later, in the early spring of 2013, he was recruited by the board of directors of Olde Holyoke Development Corp. to succeed long-time president Richard Courchesne, whom Moriarty credits with effectively carrying out — and broadening — the agency’s mission to develop real estate, manage low- to moderate-income housing, and provide financial assistance to Holyoke residents.

“I thought I’d written enough wills,” he joked when asked about his career course adjustment. “If you get a call every 20 years or so to change what you’re doing, say ‘yes’ — it’s good for you.”

He told BusinessWest that he’s enjoying his new challenge, as well as his Monday nights, which he got back after opting not to seek another term on the school board so he could focus on his new job and his early-literacy responsibilities.


Reading Between the Lines

Michael Moriarty

Michael Moriarty says the recent decline in literacy rates is discouraging, but he believes the pieces are in place to achieve real improvement.

Today, Moriarty sees many signs of life, and hope, in his hometown.

These include a growing arts community, new businesses in many of the old mills, the arrival of some young professionals, and a somewhat renewed sense of civic pride.

“A coffee shop just opened on High Street recently, and there’s a lot of buzz here,” he told BusinessWest. “There’s a sort of arts center that’s popped up on Race Street, and other things happening; you just hope that one of those things becomes the spark that’s going to make all the rest of what you want to see in a vibrant downtown come to life.”
But he acknowledges that there has historically been a rather large barrier to further improvement, additional economic development, and more complete revitalization — those intolerably low rates of third-grade reading proficiency.

It was this recognized need to change this equation that prompted him to take a lead role in early-literacy initiatives and act as Holyoke’s liaison with the national Campaign for Grade Level Reading.

In that capacity, he wrote and submitted a community-solutions action plan, one that borrows heavily from Read for Success, but is far more embedded with the school department, which should, in theory, make it easier to generate change and improvement.

Like similar programs, Holyoke’s initiative recognizes the importance of that third-grade MCAS test as a milestone in young people’s lives.

“When you transition from the third grade to the fourth grade, you’re also transitioning from that part of your life when you’re learning to read to where you’ve got to read to learn,” he noted. “And so, everyone who goes into the fourth grade not doing that is automatically behind the eight ball, in need of remediation, and not going to stay on grade level for at least part of that year while they get caught up — if they get caught up. And when almost nine out of 10 kids in a class need remediation, that tends to be the whole curriculum, which is not a good thing.”

So, in simple terms, Holyoke’s early-literacy program is designed to position young people so they don’t have to catch up.

This is much easier said than done, as evidenced by the results of last year’s third-grade MCAS reading test, which Moriarty said professionals describe as being “for real.”
“Children who are illiterate are not passing third-grade MCAS,” he told BusinessWest, adding that, if anything, it’s the other way around.

Moving forward, he is optimistic that the numbers will begin to improve and perhaps someday approach that very aggressive goal set years ago for 80% third-grade proficiency.
Part of that optimism is based on the hiring of Paez, who was assistant superintendent of English Language Learners (ELL) students in Worcester, and significantly improved the percentage of those students who read at grade level.

“He recognized the importance of this work there, and he was able to use most of the elements of a vibrant literacy campaign as we were going through the hiring process,” he said, “and as far as my vote was concerned, that went a long way toward his getting his job.

Overall, those involved in this endeavor need to focus on the future and continuous improvement, he added.

“We have to take all the lessons learned, use all of the best things we’ve put in place in terms of policies, data gathering, and classroom practices, and redouble our efforts to see results,” he told BusinessWest. “I think we have a community that recognizes the problem and is fully committed to doing a lot about it. I think we can look forward to seeing a real change in third-graders, hopefully in a really short period of time.”

Today, Moriarty still wears a number of hats with this initiative. For example, he represents Holyoke at meetings of the Mass. Reading Proficiency Learning Network, a group comprised of representatives from Boston, Holyoke, Pittsfield, Springfield, and Worcester who have committed to learning and sharing best practices to ensure that young people have access to high-quality early education and become proficient readers. Meanwhile, he also co-chairs a facet of the broad initiative called Attend for Literacy, which, as the names suggests, oversees a policy to identify children who are chronically absent from school and puts good practices in place to address that issue.

And occasionally, he reads to young people in the classroom. He does this to engage the students in reading and also show them that people are willing to get involved in their education.

He usually reads the same book, Animalia, by Graeme Base, which combines colorful artwork with alliteration to teach the alphabet.

“There will be a giant gorilla eating gorgeous green grapes in a glass house,” he said, adding that he enjoys these assignments because they give him perspective on the challenge and bring him even more into the process of crafting solutions.


The Last Word
Moriarty recently appeared before the school board, complete with several new members, including one occupying the at-large seat he relinquished last month, and informed it that Holyoke was to be recognized nationally as a “pacesetting community” by the Campaign for Grade Level Reading, an honor resulting in large part from his many efforts.

While obviously proud of this accomplishment, Moriarty made it abundantly clear that his goal is to one day break much better and far more important news — that Holyoke is making clear progress toward meeting those ambitious goals for reading proficiency.

He’s not sure when he’ll be able to do that, but he suspects that it won’t be long — if this community remains committed to early literacy and to all the hard work that is involved with moving Holyoke from the very bottom of the charts to somewhere near the top.

If that happens, then Moriarty will know what it feels like to be a farmer with a bumper crop.

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

Case Study

By
Law Sections
Clerk of Courts Laura Gentile Has a Lot on Her Docket

Clerk of Courts Laura Gentile

Clerk of Courts Laura Gentile

For almost two decades, Laura Gentile has been exposed to plenty of things she’d rather not think about — violent crimes, sex offenders, families torn apart, and much more. As a parent, it affects her.
“My son says I worry about him too much,” she told BusinessWest, “but it’s because I’ve seen so much over the years.”
That boy was just a toddler when Gentile left her position at her family’s law firm 18 years ago to become an assistant clerk in Hampden County Superior Court.
“That’s how I got my start in the field of law,” said Gentile, who earned her law degree at Western New England College. “I initially worked with my father and brother at a law firm called Santaniello, Posnik & Basile. It was great fun, but then the opportunity came up to be an assistant clerk. My son was 2 at the time, and it provided more regular hours. So I decided, even though I loved practicing law, that it was in his best interest that I take more stable hours.”
And 16 years later, she decided it was time for another change — this one rather unexpected — when Clerk of Courts Brian Lees decided in early 2012 not to run for that position again. Gentile believed her many years in that office qualified her for the clerk’s job, and those sentiments were supported by collegues who encouraged her to run.
She did, and eventually prevailed in a crowded Democratic primary before running unopposed in the November election. All through that often-contentious campaign, she said that experience — not just in managing an office, which some of her opponents had, but as a lawyer — was the key to handling the position effectively.
And 13 months into her tenure, she believes she’s more than validated that argument.
She said her experience both as a lawyer and in the clerk’s office has helped her make some needed changes — in matters such as cross-training personnel, for example — and with some issues that some might consider out of the clerk’s purview.
At the top of that list has been her recent, and persistent, efforts to convince the Legislature, the press, and anyone else who will listen that the 35-year-old Hampden County Hall of Justice must be replaced with a more modern, better-located facility.
In reference to the former, she said many courtrooms are too small and the technology being used is old and obsolete. As for the latter, she said the probable construction of a $1 billion casino across State Street from the Hall of Justice is a nightmare in the making.
“MGM is going to be built,” she said, adding that, between the probable highway reconstruction and then constant casino traffic, she worries about accessibility issues for the courthouse. “I think it will be very problematic. I’m not sure the powers that be have focused on that enough, to find out what our impact will be. Before they start to build the casino, I think somebody needs to look at that. That’s my first concern.”
For this issue’s focus on law, BusinessWest sits down with Gentile to talk about the expansive responsibilities of her office, the physical limitations of the courthouse, and the kinds of cases she has dealt with closely over the years — and have caused her so much parental anxiety.

Face of the Court

Hampden County Hall of Justice

Laura Gentile has been busy persuading legislators and others that the 35-year-old Hampden County Hall of Justice would be seriously and negatively impacted by a Springfield casino, and should be replaced.

Looking back over her first year at the helm of the clerk’s office, Gentile said her transition has been a relatively smooth, easy one, and for those reasons she mentioned earlier.
“I knew what the job entailed,” she explained. “What has been challenging for me, but in a good way, an exciting way, is dealing with the administrative, managerial aspect of it. And I know that my experience as an assistant clerk for 16 years provided me with the skills to effectively manage this office.”
It’s an office that those with law degrees understand and greatly respect, but one that most not in that profession need a primer on. So Gentile offered one.
“The Superior Court clerk’s office in Springfield is, essentially, where every case, criminal and civil, begins and ends,” she explained. “If it’s a civil case, it begins with the lawyer filing a complaint and us taking it over the counter. We keep all the records, anything that goes into the court or comes out of the court. On the criminal side, it begins with an indictment; we take the indictments and we process them. Again, we start a file, and anything that goes into court or out of court comes through us.
“Once the case goes to trial, we are responsible for assisting the court, and we’re the conduit between the court and the jury for many things,” she continued. “We keep all exhibits, all evidence; we’re responsible for storing it. When the case is concluded, whether it’s civil or criminal, we close it up. And we’re always a conduit between the lawyers and the court. We’re the face of the court, basically.”
When she moved into the clerk’s office, she recognized some things that needed changing.
“One thing I set about doing was cross-training employees,” she said, noting that this initiative was launched out of sheer necessity — there are currently nine assistant clerks doing the work once handled by 12.
“Over the years, I realized that work came to a halt if someone was on vacation or out sick because only that person did that particular job,” she explained. I didn’t think that was an effective or efficient way to run an office, so one of the first things I did was cross-train employees, so now the work continues to flow.”
Another problem, she explained, was that bail monies were not always accounted for when transferred between courts. “For instance, bail that should be in Superior Court was still in the outlying district court, and there was no procedure in place to make sure that bail got transferred to this office. So I completely revamped that procedure.
“Again, it’s the knowledge I had being in this office for many years that gave me the skills to do all those things and make these different changes,” she added. “I hardly consider myself any kind of bookkeeper or anything like that, but just knowing the procedure and the legal aspect of how bail goes from one court to another made it very easy for me to come up with a procedure and policy to follow to make sure we’re getting the bail money that needs to be transferred here.”
Those are just two examples, Gentile said, in a job that offers something new to tackle every day.
“That’s what I like about the job. This morning, walking in, someone stopped me and said, ‘I can’t believe the way the office is being run.’ Everyone is so happy and more efficient, and it makes me feel good to hear that. From the feedback I’m getting, the people who work here seem much happier. My philosophy is, if you’re happy at work, you’re going to come to work and do a good job. And I think that’s what’s happening here.”

Assisting the Assistants
Gentile said she can still do the work of an assistant clerk, in a pinch, but they have their own broad set of responsibilities. There are eight courtrooms in Superior Court — six criminal and two civil — and a judge is assigned to each courtroom. “I assign an assistant clerk to each judge for the month, or a session; a session begins the first Monday of the month. Each clerk is responsible for his or her session.”
Assistant clerks prepare cases for trial, work with the judge to select and empanel the jury, and handle all the evidence and exhibits — and the paperwork attendant to all these roles.
These days, “I spend most of my time in the office because there are duties I have to attend to every day for the managerial, administrative aspect of the job. In the courtroom, you’re primarily dealing with the judge,” Gentile said, noting that the assistant clerk is responsible for bringing motions for the judge to rule on, then getting the responses back to the office so they can be processed.
Cases run the gamut — including serious crimes such as murder, home invasion, assault and battery, and robberies.
“We deal with life felonies all the time,” she said, noting that last year’s murder trial involving a Domino’s pizza driver wound up in both criminal and civil court, when the victim’s family sued the pizza chain for wrongful death. “In that case, the criminal case is the underlying basis for bringing the civil action against Domino’s; in their contention, Domino’s was negligent in carrying out their responsibility to their employee.”
Civil cases can include some serious matters as well, including ‘Mary Moe’ cases involving minor girls seeking the permission of the court to have an abortion. “We talk them through that procedure,” Gentile said.
Superior Court also processes SDPSs, or sexually dangerous person cases, which deal with the question of releasing someone convicted of a sexual crime back into the community, and a judge must determine whether that person is still a public risk. “Even though it feels like a criminal case, and it’s sort of administered as a criminal case, technically it’s a civil case,” Gentile explained.
Often in such cases, the district attorney’s office is the plaintiff, trying to block an impending release, but many times, the convicted individual initiates the process. “They’re entitled to ask for a review periodically to have their case presented, and they hope to have some new information that would allow them to be released.”

A Gamble for the Court?
Gentile has recently added a new line to her job description — that of being a vocal advocate for building a new Hampden County Hall of Justice. She’s working with state Sen. Gale Candaras and other legislators to bring courthouse issues to the state’s attention, and has won considerable attention in the local press.
“There are some really compelling issues that I feel warrant us getting a new courthouse,” she told BusinessWest. “I know people say, ‘this courthouse is only 30 years old; why do we need a new courthouse?’ What people don’t understand is, the money is there for new courthouses; it’s just a matter of, is it going to be built someplace where they need it more than we do, or built someplace where it’s not needed as much as we do? That’s the reason for advocacy — not because, ‘hey, we need a newer, prettier building.’”
To Gentile, the question comes down to MGM’s plans to build a casino across the street. If the plan is approved by the state’s Gaming Commission — and most observers believe it will — there will be traffic problems during a construction process expected to take at least two years, and then more when the resort casino opens.
But it’s not her only issue. Space has become a problem as well; five of the six criminal courtrooms aren’t big enough by modern standards, a dearth of elevators leads to waits of 15 to 20 minutes in the morning, and security isn’t state of the art.
“Our court officers are not allowed to carry guns or weapons, and there’s really no mechanism in place, no technology in place, to be able to alert other officers when there’s a problem. They have to rely on these antiquated radios,” she said.
“And there’s no technology in the building as far as wi-fi and things of that nature. In the courtroom, we still have a DVD player with knobs on it,” she said, adding that modern courthouses rely much more on cutting-edge, wireless technology, rather than grappling with cords and plugs.
In addition, “the lockup facility is way too small, and that segues into constitutional issues; there’s really no place a lawyer can have a private conversation with his client,” she said, while space to store evidence is tight as well.
But the casino remains her number-one concern. “I like it here, but I just don’t think anyone has taken a look at what the impact of the casino is going to be if we remain in this location.”

Great Escapes
Modern courtrooms are designed for safety for a reason, Gentile said, noting that it’s a running joke among her colleagues that she always seemed to be the clerk when a defendant totally lost his composure.
“I’ve been in the courtroom on a number of those occasions when a defendant was found guilty,” she said. “Two cases come to mind immediately, both murder cases, where the defendant flipped out. Both times it was because he heard his mother crying, and that was the trigger, and he went crazy.
“I remember one case where it took something like three court officers and two police officers that had been in the courtroom because they were involved in the case, plus the defendant’s lawyer, to subdue this man, who was a really big guy,” she recalled. “He was literally right next to me, and I had nowhere to go; I was basically trapped, unless I wanted to jump over the desk — and I would have, had he gotten any closer to me.
“In these situations,” she continued, “you need to know how to act quickly and calmly, and you have to know how to assist the judge and how to assist the jurors, who are very, very frightened. You need to look out for the court staff and make sure that you can get help.”
She praised her courthouse’s officers as being particularly adept at analyzing situations and recognizing when additional security needs to be on hand.
“We don’t have nearly as many melees as we would if we didn’t have such good court officers,” she said. “But as an assistant clerk, your responsibility is to the entire courtroom.”
She doesn’t get the same opportunities these days, of being in the courtroom and making sure proceedings run smoothly and justice is done — a role that extends from responding to those occasional melees to informing the judge if a juror is falling asleep.
“The clerk is a conduit between the judge and everyone else in the courtroom,” Gentile said. “Everything goes through the clerk.”
And now, the whole office goes through her. It’s a challenge she courts every day.

Joseph Bednar can be reached at [email protected]

Cupid’s Arrow Can Be Painful

By
Law Sections
Employers Should Update Policies on Office Dating, Sexual Harrassment

By ANNIE E. LAJOIE, Esq. and TANZANIA C. CANNON-ECKERLE, Esq.

Annie Lajoie

Annie Lajoie

Tanzania C. Cannon-Eckerle, Esq.

Tanzania C. Cannon-Eckerle, Esq.

Jill arrives at work on Valentine’s Day to find a box of chocolates, a teddy bear, and a card on her desk. Smiling, she reaches for the card. Her smile fades as she identifies her admirer.
Valentine’s Day is a reminder of a common challenge many employers face: the office romance. According to a 2013 survey, more than 50% of the workforce has participated in an office romance on at least one occasion. Even though these relationships appear to be somewhat common in the workplace, they can still be problematic.
Often these workplace relationships can make some employees uncomfortable, can create the perception of favoritism for certain employees over other employees, and in extreme cases can create a hostile work environment. Then there are the ramifications of a workplace relationship and breakup — like a possible multiple-plaintiff sexual-harassment claim.
For example, let’s say Jack and Jill are constantly visiting each other. Sandra, whose desk is next to Jill’s, thinks the two are spending too much time flirting and consequently not getting enough work done. Sandra also feels constantly distracted and very uncomfortable due to their inappropriate conversations, including the sexually explicit comments from Jack regarding Jill’s body, all of which Jill is obviously enjoying. That was until Jack and Jill broke up.
Jill moves on, but Jack is intent on getting her back. He has continued to engage in the once-welcomed conduct, but now, according to Jill, it is unwelcome. Jack constantly stops by Jill’s desk and makes frequent sexual comments about her body. He sends her flirty messages and pictures of himself on the company’s e-mail. Jill asked him to stop, but he refuses because he knows their love is still strong, which frightens both Jill and Sandra. Making things worse, Jill has started to date another co-worker, Bob.
Jack and Bob used to work well together, but ever since Jack found out that Jill is dating Bob, Jack has been openly hostile to Bob. Sandra, all the while, has had to endure the whole of the conflict.
In this example, there are multiple labor and employment issues. Though the Jack and Jill relationship and breakup might be considered a foreseeable debacle, Sandra’s impending hostile-work-environment claim based on sexual harassment and workplace violence may not be so predictable. The major question is, how does an employer continue to be open to the activities of such a festive occasion as Valentine’s Day, but also protect its employees from being uncomfortable and its own interest in remaining free of litigation?
The answer: it depends. But prevention is key. An employer has an obligation to ensure that its workplace is free of sexual harassment. An employer’s best defense against sexual-harassment claims is implementing a comprehensive sexual-harassment policy, which has a procedure for reporting harassment, sexual-harassment training for all employees, and regular supervisor trainings.
Next, because Valentine’s Day is the perfect storm for misunderstandings, it would be best if an employer has relevant rules and policies in place that govern holiday activities in the workplace and other acceptable and unacceptable behavior. Employers should already have the necessary policies and procedures in the employee handbook.
A prudent employer may just want to send a gentle reminder to the workforce stating that, when employees choose to recognize Valentine’s day, they should keep in mind that all of the employer’s policies and procedures, as found in the employee handbook, still apply. Then the employer must enforce it.
An employer may also want to implement an office romance policy, in addition to its sexual harassment policy. This may seem like overkill, but employers can never be too safe. What some employees find to be fun and flirty comments, cards, e-mails, text messages, or jokes, other employees may consider offensive and inappropriate. As co-workers increasingly communicate via social-media sites, there are even more opportunities for problems. The employer’s social-media policies should also refer to the sexual-harassment policies and the office-romance policy, if one exists.
Valentine’s Day is associated with love and romance; therefore, an innocent gift or card can easily be misinterpreted. This issue is compounded by the fact that employees may choose adult themes for their Valentine’s Day cards. The outside of Jill’s card might say, “On Valentine’s Day, remember…” As Jill opens her card, she sees it is from a co-worker, Cal, who regularly asks her to go out on a date with him, and the inside of the card says, “… candy is dandy, but sex won’t rot your teeth! So what do you say?”
Matters are further complicated when such a card is given to a subordinate by a supervisor. While gifts between co-workers are troublesome, gifts between supervisors and employees are even more problematic. For instance, if Cal is Jill’s supervisor, Jill may feel pressure to date Cal so her work will not be negatively affected. Other employees may also feel that Jill is getting preferential treatment.
Even if the Valentine’s card contains a more innocent message, and Cal thinks it simply shows how much he appreciates and values Jill’s work, Jill might interpret it as his way of saying he wants to be involved with her romantically.
With Valentine’s Day fast approaching employers would be wise to shield themselves against Cupid’s arrow by reviewing their office-romance policy and their sexual-harassment policy with their employees.

Annie E. Lajoie, Esq. specializes exclusively in management-side labor and employment law at Royal LLP, a woman-owned, SOMWBA-certified, boutique, management-side labor and employment law firm; (413) 586-2288; [email protected].
Tanzania C. Cannon-Eckerle, Esq. specializes exclusively in management-side labor and employment law at Royal LLP; (413) 586-2288; [email protected]

A Solar Boom in the Pioneer Valley

By
Law Sections
State Creates a Hospitable Environment for Photovoltaic Developers

Michael Fenton

Michael Fenton

All across the four western counties of Massachusetts, solar farms are popping up on previously unutilized or underutilized land. This green technology that was once seen as an energy source of the future is thriving in Massachusetts because the Commonwealth has created financial and permitting incentives that have created a growing solar industry.
Massachusetts has become a leader in the nation for the development of solar facilities because of increased by-right zoning in municipalities, solar renewable-energy certificates, net-metering credits, federal tax benefits, and local payment in lieu of tax agreements.
What follows is a primer on these solar-power incentives, and the apparently bright future of this technology.

By-right Zoning
Massachusetts General Laws Chapter 40A, Section 3 prevents all municipalities from “prohibiting” or “unreasonably regulating” small solar-energy systems such as those commonly installed atop a home or business. However, it is not clear whether ths section applies to the construction of large-scale, ground-mounted systems which are commonly developed for private commercial purposes.
Purportedly to make up for this discrepancy and to promote green technology, the Commonwealth has made it financially lucrative for municipalities to remove zoning barriers for commercial solar developments.
In order to satisfy the Massachusetts Green Communities Act of 2008 and to be eligible for millions of dollars in state grant funding, municipalities must enact as-of-right zoning for solar photovoltaic  (PV) installations that utilize ground-mounted systems which individually have a rated name-plate capacity of 250 kW (DC) or more. Cities and towns across the Pioneer Valley that are anxious to become eligible for these state funds have enacted the expedited ‘by-right’ zoning process for large-scale PV installations.
As a result, the permitting environment is now more certain for solar developers who have long seen Massachusetts as an untapped market. To sweeten the pot even more for solar developers, the state has passed legislation allowing for the solar companies to re-sell the energy it harnesses from solar developments.

Solar Renewable-energy Certificates
Massachusetts retail electric suppliers are required to buy solar renewable-energy certificates (SRECs) for an increasing portion of the electricity that they deliver each year. SRECs are created as qualifying solar installations generate electricity.  One SREC is created for every 1,000 kHn (1 MWH) of electricity generated by a qualifying Massachusetts PV array. This has created a market demand for SRECs.  The owner of a solar PV array can sell SRECs generated by the project directly to the retail electric supplier or work with a broker who will help them identify buyers of the SRECs.

Net Metering
Additionally, customers of Massachusetts’ investor-owned utilities — National Grid, NSTAR, Western Massachusetts Electric Co., and Unitil, have the option of selling net excess electricity generated from a qualifying solar project via net metering. Net metering allows a project host to offset its electricity usage with electricity generated on site, reducing the amount of electricity the customer must buy from the distribution company. Electricity produced which is greater than the amount used by the PV facility can be sold in the form of a credit to another customer.

Federal Tax Benefits
Qualified solar PV projects are eligible for a federal investment-tax credit of up to 30% of eligible system costs if installed by Dec. 31, 2016. Additionally, under the federal Modified Accelerate Cost Recovery System (MACRS), businesses are able to recover investments in eligible solar PV through a six-year accelerated depreciation schedule. Moreover, for systems that were installed in 2012, bonus depreciation is available — businesses were able to depreciate 50% of the value of the system in the 2012 tax year.

Property-tax Benefits
Some Massachusetts towns have provided property-tax relief for large-scale solar arrays through payment in lieu of tax (PILOT) agreements. Under current Massachusetts law, municipalities have the discretion to tax energy-facility equipment or to negotiate PILOT agreements. However, the future of state law on this matter is uncertain, as there have been recent attempts to mandate a PILOT system for solar developments.
Recently proposed energy legislation on Beacon Hill would have exempted certain renewable-energy facilities, including commercial solar facilities, from local property tax, leaving communities with tax revenues equal to only 5% of electricity sales. After aggressive lobbying from the Massachusetts Municipal Assoc., that provision of the bill did not make it into the final law; however, the attempt to further incentivize solar developments through mandated local property-tax relief appears to be an ongoing discussion in Massachusetts.
The Commonwealth has emerged as a leader in the nation for the development of solar facilities; however, navigating the complex and ever-changing regulatory environment for solar development requires the assistance of experienced legal counsel. Interested renewable-energy businesses and private investors, as well as potential landlords and sellers of land for solar facilities, should speak with an attorney before pursuing a solar development in Massachusetts.

Attorney Michael A. Fenton is an associate with the Springfield-based firm Shatz, Schwartz and Fentin, P.C. He concentrates his practice in the areas of business law, real-estate development, and estate planning. He has served on the Springfield City Council since 2010, and was elected president in 2014; (413) 737-1131; www.ssfpc.com

Opening Doors

By
Education Sections
University Without Walls Offers Alternative Options for Adult Students

Orlando Ramos

Single father Orlando Ramos has been able to fit his degree work around his full-time job and his new role as a Springfield city councilor.

When Orlando Ramos of Springfield sits down to do his homework at the kitchen table, he’s often joined by another student — his 9-year-old daughter, Ariana.
As she completes her fourth-grade studies, Ramos, 31, is completing his concentration in Public Policy at the University Without Walls (UWW), a degree that will allow him to reach his next goals of a law degree and a future in public policy making.
Ramos is attending UMass Amherst’s adult degree-completion program, but, as the name implies, the classroom is one without walls, other than the walls of his home, due in part to his choice of completing his first degree completely online. The name conveys the fact that this is not a traditional university in terms of everything from physical structures to the hours spent in the ‘classroom.’
Adults like Ramos who want to change careers or never completed their degree programs, for whatever reason, need flexible support in the way of process and cost. As the nation pulls out of the Great Recession, President Barack Obama recently challenged colleges and higher-education leaders to adopt promising practices that include functions like ‘competency-based learning’ and ‘experiential learning.’ Such practices award college credits based on what students have learned in life and work experience, and offer more opportunities for adult students to get financial aid based on how much they learn, rather than the amount of time they’ve spent in class.
As one of the oldest alternative adult-education programs in the country, UWW is already at the forefront of meeting Obama’s challenge. Serving students in most fields available at the university, the unique program offers individualized degrees or course plans, 100% online, on-campus, or blended. UWW students earn a bachelor of arts or bachelor of sciences degree depending on the program they personally design, based on what credits they are able to transfer and what credits are attributable to experiential learning.
As a single father with a full-time job, it hasn’t been easy, Ramos admits, as some of his study sessions end with him waking up with a textbook stuck to his face. After years spent in construction and as a union steward with the United Brotherhood of Carpenters Local 108, a back injury just before the recession started had him considering his future options. After earning his associate’s degree in Liberal Arts from Springfield Technical Community College, he was accepted at another school to continue his education.
“But it just wasn’t for me … being in a classroom with students who were 10 years younger,” said Ramos, recalling a trying semester at a local university. “And it didn’t fit my schedule, so I really felt out of place.”
He soon found that right place at the right time in his life with UWW, and will graduate this May, according to a timeline he created.
And timelines are important, said Cynthia Suopis, a senior lecturer in Health Communications at UWW.  With the program for 12 years, she’s seen students like Ramos, as well as those in their 70s, who seek the degree that eluded them decades earlier.
For Angie Boris, 47, of Grafton, a career change from a $60,000-per-year job to her own business that she sold after the birth of a second son led to pursuing her dream of becoming a teacher through UWW online — again, on a timeline that fit her changing lifestyle.
All students, regardless of their story, enter into a process that allows them to evaluate and receive valuable credit for past experience; it’s called the ‘portfolio,’ and according to Suopis, it’s what sets UWW apart from all other online programs (more on this later).
For this issue and its focus on education, BusinessWest visited UWW to learn about this 45-year-old program, which offers a customized and affordable plan for adult students who want and need alternative means to earn a degree, and academically sound credit reflecting what they’ve truly learned in life — and on the job.

Degree by Design
Founded in 1971, the UWW program was considered fairly radical when it was rolled out, said Suopis.
“The movement was about the idea that education is more than going to classes for four years and getting a degree,” she noted. “It was started by a group of graduate students from all over the country, and the thinking was that adults have a lot of experienced work in their background; why couldn’t they get academic credit for that?”
With students ages 22 to 82, Suopis said the program has been a lifeline to individuals who have started and stopped school for families, experienced dramatic job changes, or endured hard times financially. But the philosophy of UWW is that, in addition to transferable courses from other schools, past work is honored, if it can be qualified.
While other schools may look at a student’s résumé and check off the list what is comparable to the school’s academic requirements, the UWW curriculum requires the student to spend an entire semester dissecting their résumé and other life experience; that process is called building the portfolio. It’s a reversal of the term ‘service learning,’ which means learning that starts in the classroom is then put into practice in the community. At UWW, students are bringing the practical experience with them to learn more, but receive academic credits for that past expertise.
Suopis explained that students with a minimum of 12 past college credits and a minimum 2.0 grade point average, once accepted, are required to accumulate 120 credits to earn a degree, or a ‘concentration,’ as the program labels it, and this can mean a focus on business, education, health, human services, or other fields such as journalism, criminal justice, public policy, sustainability, and applied psychology, all interwoven with their past experience.
Up to 75 of those 120 credits can go toward the selected concentration, and they are accumulated through two means: transferred credits from another school (up to 30 credits for the portfolio), or experiential learning outside the classroom.
Ramos transferred 47 credits and earned 21 more through his portfolio; Boris had 17 transferred, and her portfolio gained her another 18. Both have finished the four specific courses required of students, which entail writing the portfolio and designing their degree plan. The finished thesis is then evaluated by UWW faculty members, and not having to take classes for those credits saves not only money, but valuable time, Suopis noted.
The revenue from the four courses, either online or blended, allows UWW to be self-sustaining; the revenue from the additional online courses through UMass goes to the university.
The curriculum courses include:
• “Frameworks for Understanding,” where students design their course plan;
• “Reflections,” where they pick two subjects out of four: technology, organizations, leadership, and public policy; and
• The portfolio class, which involves a semester of critically analyzing what they’ve learned on many levels in their past.
The Reflections courses are not about content, said Suopis, adding that they are discussion points that impact students’ lives and help them write their portfolio. The first step is for the student to identify what they are good at, what they claim they know, and write about it. The writing process is a critical analysis that forces the students to pull out every minute detail of their past history and what they’ve learned, and in many cases, Suopis said, they are shocked to realize that they really did learn, and retain, a great deal of information and viable skills.
For Boris, the portfolio process was overwhelming but quite revealing.
“I consider myself fairly self-aware,” she told BusinessWest. “However, I learned that I had accomplished much more in my life than I had originally thought, and the portfolio process gave credibility to what I had done for my past career; basically my life experience was now worth college credit, and that was a big eye- opener for me.”
Suopis said this is a common reaction, and one that helps build the confidence needed for the remaining work to attain a degree.
“What we’ve found is that the sooner we get the student to write that portfolio, the better their chances are of graduating,” added Suopis, “because they see this huge number of credits coming to their transcript, and they’re like, ‘I can do this.’”

Personal Investment
But what about those students who are not skilled writers?
“There are two phobias at UWW — math and writing,” Suopis said with a laugh. “We’re not teaching them grammar, but if they can start at where they’re at and give us just five pages as we ask them a series of questions, we can get them to a place to be more comfortable with their writing.”
By the end of the semester, after numerous revisions and edits, those fearful writers are proud of their accomplishments in the past, Suopis said, and their newfound ability to record it all for credits saves hundreds, if not thousands, of dollars and valuable time.
The impact of the Great Recession is what prompted Ramos to alter his career plans. After his third back injury on the job kept him home for five months, and unemployment that followed due to a recession-prompted slowdown in the industry, he knew he needed to pursue a different, more stable path.
When writing his portfolio, Ramos learned that his past was a foundation for his future.
As a union steward, his main responsibility was to look out for the best interests of his union brothers, and little did he know back then that he was performing ‘constituent services’ — taking care of their issues and needs as a leader on the job site. And there were situations that weren’t all that easy to handle.
“As a steward, you’re not there to be friends,” he explained. “so there were a lot of situations where I had to build up the courage to stand up for my guys, and that’s a skill I know I’ve transferred to my current positions.”
Now as a district director for state Sen. James Welch, who represents the 1st Hampden District, Ramos stands up for Welch and his constituents. And as an newly elected Springfield city councilor, he’s standing up for the residents in Ward 8, which includes Indian Orchard and parts of Pine Point and Sixteen Acres, as well as all city residents with the entire council.
“I learned about what I really learned in the past,” Ramos said as he recalled the portfolio process. “It was interesting to link my experience and previous career to my current career positions because on the surface, it doesn’t look like it’s something that matches, but it does, and it’s helped me in public policy, legislation, and being elected.”

I Can Do Anything
UWW serves between 750 and 800 students each semester, with fully integrated UMass graduations of 150 per year at three different times: February, May, and September.
The stories of why students of all ages come to UWW are numerous. For some, it may be their last, best chance to earn a degree. But when a student speaks of future opportunities and self-worth, Suopis knows she’s succeeded in guiding another student in their journey to what could be their perfect job.
“We’re now having two and three generations that have gone though UWW — mom, daughter, and granddaughter — and as a 45-year old program, that’s pretty cool to see that happen.”
True to UWW’s website slogan, “we get adult students,” Ramos and Boris are good examples of non-traditional students who ‘get’ UWW, and are on their way to a future where doors will be opening because of their time spent at a university without walls.

Elizabeth Taras can be reached at [email protected]

Court Dockets

By
Court Dockets Departments

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

CHICOPEE DISTRICT COURT
Stephen Pinero v. 17 Sumner Avenue Associates Inc.
Allegation: Negligence in property maintenance causing injury: $2,335
Filed: 12/27/13

GREENFIELD DISTRICT COURT
Denis Menard v. Rick Ward d/b/a Quality Builders
Allegation: Breach of contract for failure to construct a roof in a good and workmanlike manner: $20,630
Filed: 11/12/13

Weslee Secard v. GE Capital Retail Bank
Allegation: Negligence in opening fraudulent charge account: $8,321.57
Filed: 11/20/13

HAMPDEN SUPERIOR COURT
Clinton v. Carroll v. PAB Management Co., LLC and Hugo S. Bernal
Allegation: Breach of contract for property management: $75,000
Filed: 11/25/13

Jordan Picot ppa Gabriella Diaz and Andres Picot v. Jennifer Lemelin and Giggle Gardens Inc.
Allegation: Jennifer Lemelin, while in the course of her employment, physically abused Jordan, causing serious physical and emotional harm: $75,740.30
Filed: 12/10/13

Michael D. Goldberg and Mill Street Innovations Housing v. Morrill Stone Ring, Lauren Ring, Attorney David Farka, Attorney Alan Vanaria, and Gold & Vanaria, P.C.
Allegation: The defendants interfered with plaintiff’s existing contract with a reach and apply, causing contract to be terminated: $1.3 million
Filed: 12/20/13

Theresa Perrault v. BJ’s Wholesale Club Inc. and True Innovations Inc.
Allegation: Plaintiff attempted to sit in a display chair, and the seat of the chair tipped, causing injuries: $500,000
Filed: 12/16/13

HAMPSHIRE SUPERIOR COURT
David Pinkham v. 11 South Gallery Workshop and Pamela Pieropan Adorro
Allegation: Plaintiff sustained personal injuries as a direct result of exposure to toxic fumes and exhaust from the use of ceramic kilns in his place of residence: $30,000+
Filed: 12/26/13

SPRINGFIELD DISTRICT COURT
Beacon Sales Co. v. Keith Hutchings d/b/a Old Harbor Homes, LLC
Allegation: Non-payment of goods sold and delivered: $4,030.07
Filed: 12/18/13

Edna Tart v. Aqua-Matic Lawn Sprinkler & Irrigation Inc. and Steven McCombe
Allegation: Negligent operation of a motor vehicle: $7,795.15
Filed: 12/19/13

Liberty Mutual Insurance Co. v. Ned G. Terault d/b/a NGT Carpentry
Allegation: Non-payment on workers’ compensation policy: $8,478.76
Filed: 11/27/13

Entrepreneurial Energy

By
Cover Story Sections Top Entrepreneur
Tim Van Epps Fuels Growth at Sandri

COVER0114aMike Behn was in Boston, “on a mission.”
His assignment in that spring of 2005 was to essentially finish the work started by his boss, Bill (W.A.) Sandri, the previous Christmas to recruit Sandri’s son-in-law, Tim Van Epps, to be the next leader of the Greenfield-based Sandri family of companies. At the time, the enterprise was known for its gas stations stretched across Western Mass., New York, Vermont, and New Hampshire, but was also dabbling in everything from golf courses to real estate.
Behn, who was then running the motor-fuels division for the company and is now COO, didn’t believe this would necessarily be a hard sell, but he understood that he had some work to do to bring Van Epps west. After all, the then-29-year-old had a highly lucrative job managing a portfolio for Mellon Financial, and was clearly enjoying life in New England’s largest city.
“I was out in Boston finding my way, and I think I was doing pretty well,” Van Epps recalled. “My wife and I just bought our first condo right in the Back Bay — we were right where we wanted to be. And I had the best job in the world; I was probably putting in a total of 30 hours a week, and I had things on autopilot. Everything was going great.”
But Van Epps was admittedly getting bored with this life, and this mindset dovetailed nicely with the two things Behn said he had to sell to his recruit: lifestyle — meaning both quality of life and the rewards that would eventually come to the president of such a company — and, especially, opportunities.
Elaborating, he said the latter came in the form of waking up a company that he called a “sleeping giant.”
Indeed, while Sandri was, by most accounts, doing well, with more than 100 gas stations in its portfolio and an exclusive agreement with Sunoco that covered New York and New England, it was not growing, said Behn, adding quickly that, in this business, that means it was going backward.
“We were in a corporate coma,” he told BusinessWest. “I told Tim there were so many things we could do to make more money for this company and make it bigger and better than it was; it had been sleeping for years. I think that kind of talk definitely had an impact.”
So much so that Van Epps took his father-in-law’s offer, which amounted to a 60% pay cut — “I thought my wife was going to kill me at the time” — and came to Sandri as executive vice president.
To say that he woke up the company — and that he was certainly not bored as he did so — would be huge understatements.
He grew Sandri from an oil company into a $250 million, full-service energy firm, dealing in everything from wood pellets to photovoltaics. He has also expanded the main businesses, gas stations, through imaginative initiatives that have produced a 60% increase in the total number of gallons sold (the main measuring stick in this industry) to more than 70 million, with plans to get to 100 million in the near future.
One of his latest endeavors has been a push into the highly competitive convenience-store market. The Sandri name is now on five such facilities, and the ambitious goal is to increase that number to 25 or 30 over the next five years.

convenience-store market

Movement into the convenience-store market, including this location in Orange, is one of the many new business ventures launched by Tim Van Epps since he joined Sandri nearly a decade ago.

Not everything has worked according to the script, though. For example, a foray into car washes was scuttled when Sandri officials came to the conclusion that those facilities, while profitable, were ultimately less valuable to the company than the parking spaces they took up. Meanwhile, another investment in tire-pressure valves that would light up when the pressure was low produced only boxes of unwanted inventory and was quickly halted.
And there has been some divestiture in recent years, most notably selling off Fox Hollow, the company’s golf course in Tampa, Fla. — “it just didn’t fit into the portfolio anymore,” said Van Epps — as well as its lubricants business and some underperforming real estate, with the proceeds from those sales funneled into other ventures, or “redeployed,” as he put it.
But overall, Van Epps has brought needed energy, of a different kind, to this company, and for his efforts he has been chosen as BusinessWest’s Top Entrepreneur for 2013, thus joining an eclectic mix of business leaders and organizations that have received the award since it was launched in 1996.
“Like those honored before him, Tim personifies the entrepreneurial spirit that has defined this region for more than 200 years,” said BusinessWest’s publisher, John Gormally. “He has fueled the imagination of the Sandri company and positioned it for continued growth.”

Entrepreneurial Drive
Van Epps said his grandfather-in-law, Acilio Remo (A.R.) Sandri, was a colorful character with a keen mind for business, a healthy appetite for real estate, and a way with words.
“One of the things he used to say to me was, ‘we don’t sell dirt, son,’” recalled Van Epps, adding that A.R.’s M.O. was to buy property — he acquired a lot of it on or near Route 91 in the ’60s and ’70s, for example — and hold onto it, on the theory that someday it would prove itself worthy of the investment.
Well, Van Epps does sell dirt — he’s unloaded a number of parcels in recent years, on the theory that the proceeds from unused or underutilized property, on which the company had been paying taxes, could help Sandri grow some of its other ventures.
And that’s just one of the ways he’s distinguished himself from previous generations of company leadership. Van Epps said that, when he arrived, he had little appetite for standing pat — which is essentially what the company had been doing for several years — and went about his business with what he called a “day trader’s mentality.”
Before getting into what he meant by that, it’s necessary to set the stage for his arrival and chronicle the first 78 years of the company.
Our story starts with A.R. Sandri, who was born in Barre, Vt., but grew up in Greenfield. Soon after graduating from high school, he took a job working as a clerk for the Pan-Am Oil Co., and in 1930, he was offered a lease on a gas station at 155 Main St. in Greenfield, and subsequently started the A.R. Sandri Co. Recently renovated, that station is still in the company’s portfolio, and a landmark of sorts in a service area created and then greatly expanded by A.R. and W.A. that came to be known within the corporation simply as ‘Sandri Land.’
Its borders were broadened greatly in the ’40s, ’50s, and ’60s, as A.R. began buying up real estate along what would become the I-91 corridor. At the same time he was bulking up his portfolio, A.R. was expanding the company into a fuel distributor and seller of heating oil, lube oil, and other related products. In 1964, he inked a deal with Sunoco to fly that company’s flag exclusively over the stations he was acquiring, and by 1969, he had 50 stations, as well as 2,200 heating-oil customers and 230 commercial and farm gasoline accounts.
In 1973, W.A. took the reins of the company, and within a few years he would launch initiatives that would achieve explosive growth. The most significant of these came in 1976, with the buyout of all Sunoco’s stations in Vermont and Southern New Hampshire, as well as New York, making Sandri, then with about 140 stations, the largest distributor of Sunoco gasoline, fuels, and lubes in the country.
Under W.A., the company bought a number of home-heating-oil companies, while also growing the lubricants business and developing some related ventures. And in 1987, he took Sandri in a completely new direction — golf.
Bernardston’s Crumpin-Fox

While the company has sold its golf course in Florida, it remains an aggressive player in the golf business and plans more improvements to Bernardston’s Crumpin-Fox, seen here.

He purchased the Crumpin-Fox Club in Bernardston from a friend when it was still a nine-hole layout, built a second nine, and then eventually added more layouts to what became known as the Fox family of courses within the company. Fox Hollow was opened in 1993, and in 2001, Fox Hopyard, in East Haddam, Conn., was added to the portfolio.
A few years into the new millennium, W.A., who passed away just over a year ago, started to get serious about succession planning and transitioning the company to the next generation of ownership, whomever that might be. Behn said there was no one in the Sandri family ready or willing to take over, and as a result there was actually talk of selling the enterprise. But eventually, W.A. set his sights on his son-in-law.
Van Epps remembers Christmas 2007 and, in particular, a discussion with W.A. over a single-malt scotch.
“We were sitting by the fire, and he said, ‘it’s becoming very common for in-laws to join family businesses,” he recalled. “He asked me if I would be interested in having a chat about the Sandri family of companies. And then he dropped it. A few weeks later, I was out skiing at Tahoe, and he called and asked if I wanted to come to Florida and meet his team.
“I liked what they were doing — I was curious about it,” he went on, adding that this curiosity turned into hard interest. “Then Mike came out, and we talked brass tacks.”

Burning Desires
Van Epps said the ensuing transition in leadership was a somewhat difficult time for both him and the company. “Stressful” was a word he used more than a few times to describe it, and “culture shock” was a phrase he borrowed to sum up what both he and most of his employees were going through.
He said the company was pretty set in its ways by the time he arrived, which meant, in his estimation, that it had lost a good bit of its entrepreneurial zeal.
He didn’t waste any time trying to find it again, and admits that this abrupt shifting of gears didn’t sit well with everyone. Meanwhile, Van Epps wanted to create his own team, rather than inherit one, and this resulted in some additional stress.
“You had people who were used to working for the former COO, and they were used to doing things their way,” he said. “I came in, and I wanted to change pretty much everything in the company, and when you have new blood that comes in and you have change, it’s stressful.
“From 2005 to 2008, it was pretty stressful to work at Sandri with all the changes that were happening,” he continued. “We lost some employees — I wanted some new blood in here, and I knew, when I came in here as an in-law, that I was going to have to operate this company as if it was my own money, and that’s exactly what I did.
“I had the mentality of a day trader — I guess I wanted instant gratification,” he went on. “And then you come to a company that’s been around for 80 years, and that’s not how it works.”
Moving quickly amid this culture shock, Van Epps put most of his focus on transitioning Sandri into a diversified energy company, a move that might seem to run counter to logic if one of the main products it sold was heating oil, but Van Epps believed it made perfect sense.
And he cited the move into the wood-pellets business — the company is now the largest marketer of bulk and bagged wood pellets in the country — as one example.
“In 2009, when the price of fuel oil went to $5 a gallon, we saw a runoff of our gallons of about 20%,” he recalled. “We wanted to know where those folks were going, and we soon discovered they were going to wood pellets, so we decided to get into that business.”
In March 2010, the company was awarded a $3.2 million grant from the Mass. Department of Energy Resources, which has been used for a variety of purposes, including the purchase of a small fleet of wood-pellet delivery trucks and the installation of several institutional, commercial, and residential renewable-energy systems, including facilities at Greenfield Community College, the Greenfield fire station, and other locations.
The company has made similar forays into solar and geothermal systems, and has met Van Epps’s goal of becoming what he called a “one-stop shop and energy company of the future.”

Getting Pumped
Beyond this diversity, though, Van Epps and his team have also fueled growth of the company’s core business — gasoline and gas stations — and recorded that aforementioned surge in the number of gallons sold.
That jump has come through some imaginative initiatives, including a partnership with the grocery store chain Price Chopper, which is a major player in New York and has a few stores in Massachusetts and other New England states.
Price Chopper teamed with Sunoco in one of the early rewards programs that have become prevalent in recent years, said Behn, adding that the lure of becoming one of the redemption stations for the program has prompted a number of formerly competing distributors to become Sandri partners.
“People could get 10 cents a gallon off for every $50 in groceries they purchased, with no limit on how much this could accumulate,” he explained. “We did a test in Keene, N.H., and the results were phenomenal. At that point, Tim and I went to Sunoco and said, ‘can we expand this program throughout our marketing area?’”
Sunoco agreed, and the program expanded first into New York state and then other regions, including Western Mass.
“We said, ‘we’ll give you coverage wherever you have a Price Chopper store; if we don’t have a Sunoco station, we’ll find one,’” Behn went on. “Tim and I hit the road, and in 2008, we convinced a number of distributors that are similar in structure to Sandri to take down their existing brand sign and put up a Sunoco sign, because they saw the power of the Price Chopper program.
“We’d go in with a PowerPoint and say, ‘here’s the program … you’re our first choice, and if you don’t want it, we’ll go to our second choice,’” he continued. “We didn’t miss on one, and now we have several distributors that used to be competitors that we’ve made into partners; it’s been a win-win for both of us.”
Another contributor to that surge in volume for the company has been its ability to convince independent station owners to take down rival fuel company flags and convert to Sunoco, said Behn, adding that, while the Price Chopper program is certainly a factor in the company’s success with conversions, Sandri’s quality of service and the fact that station owners can get the president of the company on the phone also play a big part in what is an ongoing source of growth.
Meanwhile, the company has been changing the nature of its portfolio in some respects, said Van Epps, as he returned to A.R.’s quote about dirt — and how he doesn’t agree with that sentiment.
Over the past several years, Sandri has sold many of its gas stations, redeployed that capital into other pursuits, and gained new wholesale customers in the process. In so doing, the company that once owned 140 stations now owns roughly 80 and supplies another 80, said Van Epps, adding that this shift toward becoming more of a wholesale company creates greater balance of fixed and variable margins.

A Matter of Convenience
Looking ahead, Van Epps said he still has that day-trader mentality, and is looking at ways to both geographically expand Sandri Land and, especially, make it more densely populated with business opportunities.
One of those ventures is the push into the highly competitive world of convenience stores, he said, adding that the company began to explore options in this realm roughly two years ago.
The initial thought was to embrace what Van Epps called the “urban model” of convenience stores, with the company leasing out its locations to a regional or national operator.
“We had meetings with some of these people, but at the 23rd hour, I decided that we could do this ourselves, and do it better ourselves,” he explained, adding that the Sandri name first went on such a facility early last year, and the current business plan calls for investing $25 to $30 million in what might eventually be 35 to 45 more stores.
“We’re calling these our ‘convenience stores of the future,’” said Van Epps, with four now operational — in Orange, Lee, Greenfield, and West Lebanon, N.H. — and more in the pipeline, with both new construction and rehabbing of existing facilities planned.
The challenge moving forward is to differentiate these stores in a very crowded market, said Behn, adding that Sandri intends to do that with such amenities and programs as free ATMs, 99-cent coffee, and customer-service representatives that reflect the company’s values.
And while the company sold its Florida golf course, it is by no means getting out of the golf business, said Van Epps, adding that it is essentially regrouping at a time of growing competition and challenge in this industry.
Elaborating, he said that when Crumpin-Fox was launched, there was very little competition in the high-end side of the business, both in this region and across the state, and as a result, golfers from around New England found remote Bernardston and made at least once-a-year pilgrimages.
But over the next two decades, the landscape changed considerably, with new courses such as the Ranch in Southwick and clusters of layouts — in Plymouth, for example — that gave the golfing public more options, which they have exercised.
This new environment has prompted Sandri to invest more than $1 million in the course, said Van Epps, adding that the immediate goal is to prompt golfers to “rediscover Crumpin-Fox.” Meanwhile, the company will look to sell more of that aforementioned dirt — some of the 600 acres the course sits on — for housing developments.
Looking back, and also ahead, Van Epps believes he and his team have the company positioned for stability and steady growth.
“Did we do everything right in the beginning? Absolutely not, but we’re at the point where I think we’re on the right track,” he told BusinessWest. “There’s no question that this company, which is operating in Franklin County, is going to be a lot bigger and a lot more successful than it’s ever been.
“We’re able to do some things now that we weren’t able to do in the past,” he went on. “We have a lot of pretty neat things going on here.”

Pedal to the Metal
Returning to that mission he went on in Boston to both recruit and “vet” Van Epps, Behn remembers meeting him at a Back Bay restaurant for lunch.
“This was his turf — it was a really exciting restaurant with a lot of young executives going in and out,” he recalled. “I said to myself, ‘I don’t think he’s going to want to leave this.’”
To make a long story short, he did. And the rest, you might say, is history very much still in the making.
Indeed, this is a story where some of the chapters have been written, but many are still in Van Epps’s imagination, waiting for the day trader to bring them to fruition.
“Bill and A.R. both wanted to see this company go on for five or six generations, probably more,” he said. “Five years from now, this company may not look like it does today, and that excites me; it gets me out of bed every morning and keeps me coming in here — the ability to go in any direction that we see fit to create growth and vibrancy.”
In other words, the sleeping giant is now wide awake.

Previous Top Entrepreneurs

• 2012: Rick Crews and Jim Brennan, franchisees of Doctors Express
• 2011: Heriberto Flores, director of the New England Farm Workers’ Council and Partners for Community
• 2010: Bob Bolduc, founder and CEO of Pride
• 2009: Holyoke Gas & Electric
• 2008: Arlene Kelly and Kim Sanborn, founders of Human Resource Solutions and Convergent Solutions Inc.
• 2007: John Maybury, president of Maybury Material Handling
• 2006: Rocco, Jim, and Jayson Falcone, principals of Rocky’s Hardware Stores and Falcone Retail Properties
• 2005: James (Jeb) Balise, president of Balise Motor Sales
• 2004: Craig Melin, president and CEO of Cooley Dickinson Hospital
• 2003: Tony Dolphin, president of Springboard Technologies
• 2002: Timm Tobin, then-president of Tobin Systems Inc.
• 2001: Dan Kelley, then-president of Equal Access Partners
• 2000: Jim Ross, Doug Brown, and Richard DiGeronimo, then-principals of Concourse Communications
• 1999: Andrew Scibelli, then-president of Springfield Technical Community College
• 1998: Eric Suher, president of E.S. Sports in Holyoke
• 1997: Peter Rosskothen and Larry Perreault, then-co-owners of the Log Cabin Banquet and Meeting House
• 1996: David Epstein, president and co-founder of JavaNet and the JavaNet Café

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

On the Clock

By
Employment Sections
Vacation Time Isn’t a Benefit If Workers Don’t Use It

Patti D’Amaddio

Patti D’Amaddio says employees at area companies earn vacation milestones faster than they did a decade ago.

When it comes to vacations, Patti D’Amaddio said, there’s good news and bad news.
The good news is that employees are being offered more time off than in years past.
“It used to be that you earned two weeks after a year of work, but not so much anymore,” said D’Amaddio, director of Strategic HR Services at the Employers Assoc. of the NorthEast. “A lot of companies are now giving time off during the initial period of employment, as opposed to waiting a year.”
Not only that, but EANE surveys show that the average employee in the region gets bumped up to three weeks off after five years on the job. “It used to be 10, but that’s come down.”
The bad news? Too many workers today are leaving vacation on the table, unused, because they feel like they can’t afford to take time off.
According to an online poll by Right Management, a division of ManpowerGroup, 69% of respondents did not take all their vacation time in 2013 — consistent with the 70% who reported the same in 2011 and 2012 — while just 31% said they maxed out their time.
“No question every company is doing more with less. They have to remain as competitive as they can with foreign countries. It’s not easy for businesses, and it isn’t easy for employees,” said D’Amaddio as she explained why employees might be loath to take earned time off.
“A company really has to look in the HR department, look at the numbers, look at the facts, and figure out what the utilization is,” she continued. “They need to ask, ‘are our people using their time? Do we have a problem or not? If so, is it a company-wide problem or a department problem?’ If the president of a company wants a culture that encourages people to take rest and relaxation, he has to know whether this is happening.”
Richard Goldstein, vice president of Benefits at MassMutual, said his company, one of the region’s largest employers, emphasizes the value of time off.
“We periodically send notes out to the managers, reminders to encourage their employees to take their time. And, for the most part, the people in my group do. I have a conversation with them around November — ‘make sure you take all your vacation time.’”
Many American workers aren’t hearing this message, or are choosing to ignore it. U.S. workers left an average of 12 vacation days unused this year, double the number from 2011, according to a survey conducted by travel website Hotwire. Some of these days can be rolled into the following year, but that’s no guarantee they will be used.
“Financial pressures often put a burden on travel plans, and this is causing an alarming increase in Americans leaving vacation days unused,” said Henrik Kjellberg, president of the Hotwire Group. “This is a trend I am hoping will soon change.”

All They Ever Wanted
What is changing is the way companies are structuring vacation time, D’Amaddio told BusinessWest. For one thing, fewer employers allow employees to take their entire allotment of vacation right away.
“A lot of companies have gone to the accrual formula, accruing time each month or each pay period,” she said, noting that this makes sense in Massachusetts, where employers are legally obligated to pay out unused vacation time as wages when an employee is terminated. “Instead of giving somebody two full weeks of vacation, then having them leave the next day, the accrual formula avoids that.”
Vacation laws vary substantially from state to state, she said. Connecticut’s employment laws don’t require companies to pay unused vacation time as wages, but they are typically required to honor their own handbook. So it comes down to how a policy is written.
“If a company says vacation time is not payable at the time of termination, it’s not payable,” D’Amaddio said. “Now, that doesn’t mean companies don’t often provide better benefits than the law requires. A lot of companies in Connecticut will pay out vacation, but they don’t legally have to.”
In addition to a shift toward accrued time off, she noted, many employers are beginning to blend vacation time, sick days, and personal days into one pot, simply calling it ‘paid time off.’
“Again, there are benefits for some parties, like people who are never sick,” she said, as well as people who don’t enjoy lying to their bosses. “Why make employees call in sick when their kid is sick? Or if they suddenly got tickets to the Patriots, and they have to schedule their vacation days in advance? This gives people more flexibility.”
In some cases, however, blended time off actually reduces the total package. In Goldstein’s 11 years at MassMutual, he’s seen the benefit program morph in some ways, but the time-off package has remained divided into different buckets.
“What we offer here is fairly generous,” he said, noting that new employees start with 15 days vacation — five of which can be carried over into the following year — plus five sick days and four personal days for unplanned absences. “Say you wake up in the morning and your kid’s sick; that’s an unscheduled day off.

Richard Goldstein

Richard Goldstein says managers at MassMutual encourage employees to use the vacation time they’ve earned.

“It’s a pretty generous program, but you have to consider it in its entirety with retirement, medical benefits, and holidays,” Goldstein added. “There are bump-ups for longevity and seniority, but that’s what our new hires get.”
MassMutual, as an organization, has long expressed a philosophy of valuing work-life balance, and making sure employees take time off is one aspect of that, he noted. That can be difficult during peak times and major projects, but he doesn’t consider leaving time on the table to be a rampant issue.
“If we’re stuck on a big project, I’m sure the people working on those transactions can’t carve out a lot of time,” he told BusinessWest, “but for the most part, we encourage people to take time off.
“We don’t believe in making it mandatory,” he added. “As with anything in life, it’s all about balance between peak production times, with all hands on deck, and slower times. For the most part, it works. I personally think vacation is healthy, and I encourage my folks to make sure they’re not leaving days on the table. I think it’s important to recharge.”

Have to Get Away
Matt Norquist, general manager at Philadelphia-based Right Management, agrees that spending significant time away from work carries many benefits, including increased productivity.
“Every employee at every level should be encouraged to take time to re-energize, recharge, and relax to be more satisfied and productive on the job,” he said in a post on the company’s website. “The importance of vacation cannot be understated in today’s workplace when companies are doing more with less and adding workloads to their teams.”
According to Norquist, taking vacation time is a vital part of maintaining job satisfaction, and employees who take time off are more inspired and motivated to do their best work. “Ultimately, vacations contribute to engaged, loyal, and satisfied employee teams and build a positive workplace culture that not only reduces turnover, but also creates a stronger brand image in the market.”
The catch, Goldstein said, is that some employees never really stop working, even when they’re on vacation, because of e-mail and cell phones. “They never check out in today’s work world. With their remote devices, they’re always in tune.”
D’Amaddio cited one EANE-client company that requires every employee to take at least one full week off, and to shut off all e-mail and cell-phone access to work during that time. “That’s because there’s time off, and then there’s really time off,” she said. “Many people never shut down. When you’re engaged at work with smartphones and e-mail and everything else, you’re not really off.”
It all comes down to what kind of work-life culture an employer is really trying to create, she explained.
“The company and HR should really ask, ‘do we have a problem? Are our people using their time, or are a lot of people carrying it over? If they are, why? Is it just this year, or is there a history, and why? What kind of culture do we want to set?’
“If they want to set a culture stressing morale and work-life balance, they will want people to take vacation time,” D’Amaddio continued. “The culture is set at the top, whether that’s the top of the department or the top of the company.”
A major part of that is making sure department heads clearly express the importance of taking time off, she said. “And your HR department should be measuring the impact in terms of turnover and retention. Why are employees leaving? It’s great to have time off, but what if you can’t take it?”
If the tide turns and employees start taking more of the vacation time they’ve earned, she added, it will likely be the Millennials, the youngest generation in the workforce, who lead the charge.
“They want that. As Baby Boomers, we’re more willing to give up time, but Millennials are not going to be so inclined. So the paradigm is going to switch, and we need to understand that.”

Joseph Bednar can be reached at [email protected]

Court Dockets

By
Court Dockets Departments

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

CHICOPEE DISTRICT COURT
Capital One v. Walter E. Gazda, DMD
Allegation: Breach of credit agreement: $5,055.16
Filed: 12/3/13

David Pepin v. NCR Corp.
Allegation: Defendant failed to pay accrued vacation and personal pay: $5,786.84
Filed: 12/4/13

HAMPDEN SUPERIOR COURT
Laura E. Gormally v. William F. Milbier, Northeast Grounds Management Inc., Donald F. Anderson, Markdon Realty, LLC, Anderson Services, LLC, and Hampden Bank
Allegation: Defendants Northeast Grounds and Milbier are in default on an $800,000 promissory note. All other defendants conspired with Milbier and Northeast Grounds to avoid paying amounts due under the note so as to enrich themselves at the plaintiff’s expense: $629,683.66
Filed: 11/27/13

HAMPSHIRE SUPERIOR COURT
Amara Davis v. Karen Judge d/b/a Marche for Hair
Allegation: Negligence in property maintenance causing injury: $12,958.50
Filed: 12/9/13

NORTHAMPTON DISTRICT COURT
Easthampton Savings Bank v. Brian Burrows General Contracting & Home Improvement
Allegation: Breach of credit agreement: $10,567
Filed: 11/26/13

Jose Baez v. Beaudry Home Inspections
Allegation: Mold remediation to the basement of a home: $26,920.71
Filed: 10/25/13

TBF Financial v. Metal Mammoth Inc. d/b/a Heavy Metal
Allegation: Breach of lease agreement: $8,715.39
Filed: 10/22/13

SPRINGFIELD DISTRICT COURT
Jane A. Brooks v. West Springfield Fish and Game Club
Allegation: Negligent maintenance of property causing trip and fall: $5,141.29
Filed: 11/12/13

Jaya Lodgings, LLC d/b/a Candlewood Suites v. Iron Horse Preservation Society Inc.
Allegation: Defendant owes for room charges for 392 nights at Candlewood Suites: $17,945.75
Filed: 12/2/13

Kasson & Keller v. Interstate Products
Allegation: Non-payment for services rendered: $20,097.36
Filed: 11/15/13

WGGB Inc. v. Donald D. Stowers Jr. d/b/a D&L Fence Co.
Allegation: Non-payment for advertising services rendered: $5,713.75
Filed: 11/19/13

Agenda

By
Agenda Departments

Training for Real-estate Sales
Jan. 21: Springfield Technical Community College’s Workforce Development office will offer “Preparation for the Real Estate Exam,” a state-approved course for those interested in becoming licensed real-estate salespeople. This course is designed to acquaint the prospective real-estate salesperson, as well as the potential buyer or seller of a home or investment property, with the fundamentals of real-estate law and procedures in Massachusetts. The program begins on Jan. 21 and will convene on Tuesday, Wednesday, and Thursday evenings from 6 to 9 p.m. Space is limited. To register, visit www.stcc.edu/wd or call (413) 755-4502.

Nonprofit Marketing Roundtable
Jan. 28: Struggling to gain visibility with your target audience? Are your marketing materials producing tangible results? Are your best messaging ideas living only in your head? The Nonprofit Marketing Roundtable 2014 Workshop will be held from 8 to 9:30 a.m. at the Greater Northampton Chamber of Commerce, 99 Pleasant St., Northampton. Three women business owners — Janice Beetle, Ruth Griggs, and Maureen Scanlon of the Creative, a marketing and communications collaboration in Northampton — will lead a nonprofit Flash marketing workshop. They will meet with business owners, listen to your marketing and communications concerns, and help you brainstorm practical, professional solutions on the spot. Learn more about how to strategize, advertise, brand, and promote your business; reach the media; and maximize your message in person, in print, and online. The workshop, presented by the Creative Marketing Group, is free, but pre-registration is required, and space is limited. To register, contact Jasmin Tomic at (413) 584-1900 or [email protected].

Ad Club Luncheon
Jan. 29: In the toughest of times, smart marketing is a must. Join John Chandler, chief marketing officer of MassMutual Financial Group, for the Advertising Club of Western Mass. Luncheon, starting at 11:45 a.m. at the Springfield Sheraton, 1 Monarch Place. Learn how this Fortune 100 financial-services company has used a straightforward, results-driven marketing strategy to help create six straight years of record sales results and expand into new markets, all during the worst economic downturn in more than a half-century. Chandler will share the company’s marketing principles and examples of its work that are driving marketplace success.
Registration begins at 11:45 a.m., and the program runs from noon to 1:30 p.m. Cost: $25 for members, $35 for non-members, and $15 for students. Parking is free in the Springfield Sheraton garage (bring your ticket or coin for validation). To reserve a seat, call (413) 736-2582 or e-mail [email protected] by Jan. 24.

Difference Makers 2014
March 20: The sixth annual Difference Makers award program, staged by BusinessWest, will be held at the Log Cabin Banquet & Meeting House. Details on the event will be published in upcoming issues of the magazine. Difference Makers is a program, launched in 2009, that recognizes groups and individuals that are, as the name suggests, making a difference in this region. The editors and publishers of BusinessWest have examined this year’s stack of nominations and have chosen the class of 2014, and the winners will be announced in the magazine’s Feb. 10 issue. For more information, call (413) 781-8600.

Firing Range

By
Law Sections
Social Media Poses a Legal Minefield for Employers

SocialMediaLegalityDPartThe missive on Facebook reads like a typical workplace rant.
“It’s pretty obvious that my manager is as immature as a person can be, and she proved that this evening even more so. I am unbelievably stressed out, and I can’t believe NO ONE is doing anything about it! The way she treats us is NOT okay, but no one cares, because every time we try to solve conflicts, NOTHING GETS DONE!”
The poster worked in a San Francisco clothing store, and this message, and comments like it from fellow employees, led to numerous firings once the employer found out about them. But one of the booted employees filed an unfair-labor-practice charge with the National Labor Relations Board (NLRB) — which sided with the workers.
Why? Well, the store was located in a rough neighborhood of the city, and stayed open an hour later than other stores in the vicinity. The employees had complained to their manager about being harassed by “street people” upon leaving late at night. When the manager refused to change the store hours, the workers took to social media.

John Gannon

John Gannon says the National Labor Relations Board has recently taken a keener interest in making sure companies’ social-media policies aren’t too vague to be enforced.

“They went online and complained about their supervisor,” said attorney John Gannon, an associate with Skoler, Abbott & Presser in Springfield. “The NLRB said they were complaining about working conditions and were concerned about safety, and as a group, they were trying to get their supervisor or store manager to close that store earlier.”
And that, the board maintains, falls under the umbrella of ‘protected, concerted activity’ which employees are allowed by law to undertake. The fact that the complaints were posted very publicly and could have embarrassed the employer did not limit their rights.
“One issue that arises with respect to social media is, can we fire somebody for comments they have made online that may not be favorable to us, or that we perceive as disparaging?” said attorney Amy Royal, owner of Royal LLP in Northampton. “Before they take such adverse action, companies need to take a careful look at whether the comments are expressing an individual gripe or if the employee is trying to induce other employees to undertake group action that could potentially be seen as concerted activity.”
The difference is crucial, and gets to the heart of what employers need to know about their workers’ private use of social media.
“If it’s collective, and more than one employee is complaining online, is the complaint about the terms and conditions of employment?” Royal asked. “For employers, the frustrating piece is that the NLRB has a broad view of what constitutes terms and conditions of employment.
“If I read, ‘it’s pretty obvious that my manager is as immature as a person can be,’ human nature being what it is, if I’m the manager, I’m not going to happy with that, and I might want to take action because I feel slighted or slandered. But in this case, other employees joined in and made comments, and the NLRB said this is protected.”
That’s different, she said, than someone lashing out randomly at their employer with no such context, and no support from fellow workers.
“The number-one issue when talking about social media in the employment-law context is whether or not an employee’s activity, whether on Facebook or elsewhere, is protected by the National Labor Relations Act,” said Gannon, adding that the NLRB periodically issues ‘advice memorandums,’ examining about a dozen recent cases and discussing whether the employers’ conduct violated the act, or whether their policy on social media is too broad to be enforced.
“Through all those advice memorandums, they distinguish between someone’s individual gripes and somebody complaining about workplace conditions,” he said. “That’s the bright line — and it’s actually more of a gray line. Is somebody actually talking about improving workplace conditions, or is the employee just complaining about his supervisor? In a recent case, an employee said, ‘hey, my supervisor needs to back the f— off. If he wants to fire me, go ahead, make my day.’ The board said that’s your classic individual gripe; they weren’t talking about other employees or referencing any working conditions.”
Kate O’Brien, an attorney with Springfield-based Sullivan, Hayes & Quinn, noted that the NLRB has been busy assessing cases decided by administrative-law judges. “For the most part,” she said, “they’ve affirmed the approach of evaluating them for the potential chilling of employees’ right to engage in protected, concerted activity.”

Group Think

Amy Royal

Amy Royal says screening job applicants on social media can be helpful — but poses certain legal risks.

None of this, however, applies to employee use of social media on work time. Companies have long been well within their rights to police what their staffers do while on the clock, and routinely bar the recreational use of the Internet during work hours.
“Companies can and should have a policy that prohibits employees from using social media at work, and it should also extend to the use of their own devices,” Royal said. “In the real world, it becomes difficult for companies to police that, or they may not want to have a total prohibition, but they need to know that, if they allow some level of use of social media, employees can use it for union-organizing purposes.”
But when it comes to off-the-clock activity, she said, many employers — especially those with non-unionized workforces — still aren’t aware of workers’ rights when it comes to freedom of expression, laid out in Section 7 of the National Labor Relations Act.
“Section 7 applies to both union and non-union workforces and gives employees the right to come together and complain about the terms and conditions of their workplace,” Royal noted. “That particular section is implicated when we’re talking about social-media issues in the workplace.”
However, Gannon noted, although the NLRB remains engaged in complaints about unjust firing, it has also taken proactive steps to examine various companies’ social-media policies and determine which ones too broad to withstand scrutiny.
“They’ve reviewed a lot of policies dating back to 2010 and 2011 that prohibit certain kinds of behavior — prohibitions against inappropriate comments or unprofessional comments or misleading comments on Facebook — and they’ve come out and said that’s overly broad and not specific enough, that it could chill somebody’s Section 7 rights, so they’d be afraid to speak out.”
One recent case involved Giant Foods, which had a policy prohibiting employees from discussing confidential, non-public information on social media.
In an advice memorandum issued in July, “the board came out and said that’s overbroad, that they need to be more specific,” Gannon explained. “A lot of people were surprised by that; they think an employer has a right to protect its confidential information. But the board’s point was that, yes, you need to protect your confidential information, but make sure employees understand what that confidential information is.”
In another case — an actual decision, not just a memorandum — the board determined that Costco’s policy, barring employees from posting things that might damage the company’s reputation, was also overbroad.
In yet another case, Royal noted, an employer’s policy said workers must be courteous, polite, and friendly to customers and fellow employees, and not use language that injures the image or reputation of the company. “That sounds like a policy any company would want to implement, but the NLRB said that policy is problematic because it’s too vague,” she said. “They want specifics in these policies.”
So how should employers craft a policy that stands up to the law? “One thing I recommend is to link it to other policies,” Gannon said. “For example, I’ll recommend that the employer, in their social-media policy, reference the anti-harassment policy and make it clear that employees have to follow the anti-harassment policy in social media, and can’t post things that are harassing in nature.”
The same applies to confidentiality policies, he added. “You have to treat it as if it happened in the workplace.”

Searching for Clues
Still, O’Brien said, while overbroad policies are certainly a consideration, “I think a more prevalent consideration is the discipline or termination of employees for their comments and activity in social media.”
And it’s not just current workers employers must be concerned with. Job applicants pose their own kind of minefield. Specifically, employers who use sites like Facebook to gauge an applicant’s character often discover information about his or her beliefs or race or sexual preference — issues that shouldn’t be used in hiring decisions, but sometimes are.
“It’s a double-edged sword,” Royal said. “You want to investigate an unknown commodity before you invest in them. We know that bringing someone into a workplace is a huge investment, and social media is a great way to find out information about a person’s character, their reputation, their likes, and their interests. But on the flip side, you may be given information that you wouldn’t otherwise have in the application process, that could then be used as ammunition against you.”
Importantly, even if a decision not to hire is based solely on job qualifications and experience, simply knowing certain things about an applicant can open an employer up to the perception of discrimination — and lawsuits can follow.
“That’s not to say you shouldn’t use social media as part of background check into an applicant — I think you should — but you need to know the parameters,” she said. “And if you use social media inconsistently, you open yourself up to attack as well. If you’re going to use it, then use it for all applicants when they reach a certain point in the application process.”
Gannon said much of the strategy depends on what sites employers are checking.
“Generally speaking, I think there’s a lot of information out there that would be valuable to employers in their recruiting efforts. LinkedIn is a very good place employers can use to double check what their employees say in an interview; you can find out if there’s some conflict there.”
However, he added, “some other sites present problems stemming from learning too much information. Even visiting someone’s Facebook page and learning information that isn’t part of an application — information about an applicant’s religion, disability, genetic information — all of that can lead to an unlawful-hiring lawsuit, claiming the information learned through social media was the reason the individual wasn’t hired.”
Gannon agreed that hiring managers need to be consistent about what searches they perform, and then document those efforts.
“But the most important thing an employer can do is have a gatekeeper perform the search, an individual who is not connected to the hiring decision itself,” he said. “If they find any negative characteristics, they report back to the hiring manager.”
That way, he continued, “if someone brings a failure-to-hire lawsuit, you can defend the hiring — management didn’t know you were Muslim, for instance. That’s really the key in recruitment.”

Media Messages
Royal stressed the importance of keeping tabs on the NLRB’s evolving thought process on social media as it relates to Section 7 of the National Labor Relations Act and other factors.
“A lot of employers do have social-media policies, and now that we’re coming up on a new year, it’s a good time to revisit those policies to make sure they’re still compliant with NLRB decisions that have come in over the past year,” she said.
For example, “a semi-pro-employee decision came out of the NLRB that basically said that, if an employee is publicly critical in a way that the comments are maliciously untrue, then you can fire them — but employers need to be able to demonstrate that the comments were made with knowledge of their falsity or with a reckless disregard for their truth. That’s a high threshold to meet under those circumstances.
“Because this area is still emerging,” she added, “employees need to connect with their counsel to sort through these issues before they take action. You can’t unring that bell.”
Another potential shift in current thought involves the ‘like’ button on Facebook — specifically, whether simply liking a comment on Facebook is enough to be considered concerted activity, Gannon noted. “That’s something the NLRB is currently looking at. It’s kind of an interesting issue.”
O’Brien agreed that the picture is far from settled. “The board has provided a little more guidance on what’s acceptable or not acceptable. But it’s still constantly evolving, and an area employers need to stay on top of.”
Part of the reason social media has become such a scrutinized issue is the sheer volume of personal information being revealed on public websites.
“It’s a different world, but an interesting world, and employers really have to rely on outside counsel to keep them up to speed on what’s changing,” Gannon said.
“A policy that was OK in 2010 might not pass muster in 2013 based on advice memorandums that have come out from the board,” he continued. “Those policies might need to be revised. Employers need to be aware that this is an area of the law that’s constantly in flux. I’d be reviewing those policies in some way, shape, or form at least on an annual basis.”

Joseph Bednar can be reached at [email protected]

New Year, New Legislation

By
Law Sections
Many Pending Bills Will Have a Significant Impact on Employers

By ANNIE E. LAJOIE, Esq. and KARINA L. SCHRENGOHST

Annie Lajoie

Annie Lajoie

Karina L. Schrengohst

Karina L. Schrengohst

As we usher in the new year, employers should be mindful of pending legislation that has the potential to impact their businesses. Here are some things to keep an eye on.

Independent Contractors
One piece of legislation related to independent contractors potentially offers game-changing good news for employers. There are several bills proposed that would make independent-contractor status more feasible, one of which is universally germane. With the change of one word, this proposed legislation would make a previously insurmountable hurdle less challenging.
The proposed bill would change the ‘and,’ which currently requires satisfying an essentially impossible three-prong test, to an ‘or,’ which would allow categorizing an individual as an independent contractor even though he or she performs services that are within the company’s usual course of business.  While there would still be a presumption of employment, it would be phenomenally easier to establish an independent-contractor relationship.
In more good news for franchisors, another proposed bill would clarify that franchisees are independent contractors and not employees. A third bill would allow freelance writers, editors, proofreaders, artists, and similar persons who work out of their own residence whose work constitutes intellectual property, to which copyright laws apply, to be classified as independent contractors.
Massachusetts independent-contractor law is long overdue for a change. The proposed changes would allow employers to maintain independent-contractor relationships where previously the burden was virtually impossible and misclassification was a large risk with hefty penalties.

Non-compete Agreements
Our governor would like to do away with non-compete agreements. The first step toward this is proposed legislation that would further limit the enforceability of non-compete agreements between employers and employees. Pending bills seek to limit the duration of these restrictive covenants to as little as six months.
In addition, pending legislation would limit use of non-compete agreements to employees with a minimum salary of $75,000 per year. Similar to California employers, restrictive covenants may eventually be a thing of the past for Massachusetts employers.

Raising Minimum Wage
One challenge employers may face in the next year is an increase to the minimum wage. The Massachusetts Senate has already voted to raise the state’s minimum wage from $8 per hour to $11 per hour over a three-year period, and future increases would be tied to the rate of inflation.
Restaurant owners should take note that this legislation could have a detrimental impact on their business. This pending bill would increase the minimum wage for tipped employees from $2.63 per hour to half the minimum wage.
If this legislation passes, employers would see an increase as early as July 1, 2014.

Paid Sick Time
Pending legislation would mandate that employers provide sick time to full-time, part-time, and temporary employees. Here’s a breakdown:
• Employers with 11 or more employees would be required to provide up to seven paid sick days per year;
• Employers with six to 10 employees would be required to provide up to five paid sick days per year;
• Employers with five or fewer employees would be required to provide up to five unpaid sick days per year; and
• Employees would earn one hour of sick time for every 30 hours they work.
Unlike accrued vacation time, employers would not be required to pay unused sick time at separation. Also, seasonal employers would be exempt from these requirements. Finally, employers would still be able to require proof of need for the sick time, such as a doctor’s note.

Parental Leave Act
Legislators have set out to make the Massachusetts Maternity Leave Act gender-neutral. The Parental Leave Act would expand coverage to men. Significantly, under this bill, employers would be required to give written notice to employees prior to the commencement of the leave that taking longer than eight weeks of leave may result in the loss of rights and benefits or denial of reinstatement.

Domestic Violence Bill
Finally, under proposed legislation, employers with 50 or more employees would be required to provide up to 15 days of job-secured leave per year for victims of domestic violence, sexual assault, or stalking to take time off to attend to court, housing, health, or other issues related to the abuse.
With new legislation comes new challenges. Consequently, employers would be wise to consult with employment counsel to stay abreast of new legal obligations to ensure compliance.

Annie E. Lajoie, Esq. specializes exclusively in management-side labor and employment law at Royal LLP, a woman-owned, SOMWBA-certified, boutique, management-side labor and employment law firm; (413) 586-2288; [email protected]. Karina L. Schrengohst, Esq. is an attorney at Royal LLP; (413) 586-2288; [email protected]

Reverse Mortgages for the Affluent, Too

By
Law Sections
Are You Up to Speed on the Advantages and New Regulations for 2014?

Hyman G. Darling

Hyman G. Darling

More and more people are starting to realize that reverse mortgages aren’t just for those struggling to keep their homes. These loans can also work for affluent retirees as a tax-savings strategy (using income-tax-free funds to pay off traditional mortgages rather than using taxable retirement-savings income) and for those who are looking for a cushion to keep them from selling investments at the wrong time. In prior years, it was fairly expensive to get a reverse mortgage, because the fees were considerably higher than those of a typical mortgage or home-equity loan, but that has changed. A reverse mortgage, also known as a home-equity-conversion mortgage, becomes a good solution for people who may wish to cash in on the equity in their house.
If you (or your parents) need additional funds for home care or possibly to pay the costs of living, including heat, taxes, insurance, etc., then a reverse mortgage is a valuable alternative, since it does not need to be paid back during your lifetime. One of the problems, however, is that, once the limit is reached on the withdrawal amount of the loan, further funds are not available, and you may have to either sell the house or attempt to obtain a new reverse mortgage if the value of the home has increased sufficiently.
A reverse mortgage is similar to a regular mortgage, except that the bank advances funds to you, either in a lump sum or on an annuity basis, or possibly merely on a credit basis, which means that you can withdraw funds as desired up to the allowed maximum. The loan does not have to be paid back unless you die or live out of the house for at least six months, possibly in a long-term-care facility. As long as at least one spouse lives in the home, however, no payments need to be made, nor does the house have to be sold.
In most cases, your assets and income are not considered for a loan to be approved or denied, as the bank is merely funding it based on the equity in your house. Also, in most cases, the funds received from a reverse mortgage do not adversely affect your eligibility for any governmental benefits, since it is not construed to be income, but rather, merely the withdrawal of equity from your home.
Many retirees have already transferred their houses to their children and reserved a life estate. In these cases, provided that they (the homeowners) are at least 62 years old, many banks will consider providing them with a reverse mortgage, but their children will have to sign off on the mortgage also. If this is a concern for your kids, they could deed the house back to you, but this may trigger an additional five-year waiting period, in the event that you wish to re-transfer the property to your children, in order to protect the asset from long-term-care expenses.

What’s New in 2014?
Created by the Consumer Financial Protection Bureau, one of the most important new regulations that go into effect Jan. 1, 2014 prohibits banks from approving mortgages for anyone whose debt-to-income ratio is higher than 43%. This means that borrowers’ total debt liability, including housing, should not be more than 43% of their income. A qualified mortgage is one that would be eligible for resale on the secondary mortgage market.
The other new rule requires banks to limit the fees for originating mortgages to no more than 3% of the loan amount. This could discourage many institutions from pursuing loans for lower-priced houses.
While the ability-to-repay rules, effective in January 2014, will now apply to most mortgage loans, they exclude certain types of loans, such as home-equity lines of credit, time-share plans, and reverse mortgages.
Until the new rules become effective, almost any homeowner who had equity in a home could qualify for a reverse mortgage. However, starting Jan. 13, 2014, there will be new underwriting standards for new applications to ensure that borrowers have the ability to continue to pay taxes and insurance on an ongoing basis. Additionally, homeowners may be able to draw only 60% of the available principal limit, unless there are mandatory obligations, such as mortgage payoffs or liens. Credit-card debt is not considered a mandatory obligation.

Conclusion
Prior to obtaining a reverse mortgage, the federal government requires that you be counseled as to its pros and cons. This counseling is free, and you may obtain information from the AARP Reverse Mortgage Education Program by calling (800) 209-8085. You may also wish to contact an elder-law attorney who is also skilled in advising clients as to the benefits and detriments of obtaining a reverse mortgage.

Attorney Hyman G. Darling is chairman of Bacon Wilson, P.C.’s Estate Planning and Elder Law departments. His areas of expertise include all areas of estate planning, probate, and elder law. He is a frequent lecturer on various estate-planning and elder-law topics at local and national levels, and he hosts a popular estate-planning blog at bwlaw.blogs.com/estate_planning_bits; (413) 781-0560; [email protected]

People On the Move

By
Departments People on the Move

Scott Pasquale

Scott Pasquale

Berkshire Bank recently announced that Scott Pasquale has assumed the new role of Vice President and Commercial Relationship Manager. In this position, Pasquale will be responsible for the Pioneer Valley and will be based out of the East Columbus Avenue location in Springfield. Pasquale will manage commercial relationships in Western Mass., providing a high level of expertise in commercial lending.  Hewill also provide a dedicated relationship between commercial customers and Berkshire Bank’s other lines of business and financial services. Prior to coming to Berkshire, Pasquale worked for TD Bank in commercial lending and has more than 25 years of experience in the financial-services industry. Pasquale has worked for financial institutions in the Pioneer Valley and Connecticut, including UPS Capital and Glastonbury Bank & Trust Co. He attended the College of Wooster and earned a BA in Economics. Pasquale is on the board of the Western Mass. chapter of the National Tooling & Machining Assoc., which he serves as Treasurer. He also is an active participant in fund-raising for the Boy Scouts of America.
•••••
Katherine Coolidge

Katherine Coolidge

Katherine Coolidge, a Law Librarian at Bulkley, Richardson and Gelinas, LLP, was recently chosen by the American Assoc. of Law Libraries as its new Executive Board Secretary. Coolidge has a JD from the Western New England University School of Law.
•••••






Kyle Sullivan

Kyle Sullivan

Kyle Sullivan, a Commercial Lines Coverage Specialist with the John M. Glover Insurance Agency, has been named the Western Mass. Regional Member of the Year Award recipient for BNI, an international business-networking group. The award recognizes a member who is actively involved in running the chapter and has gone beyond expectations to help other members achieve new levels of success through BNI. Sullivan, a member of the BNI Mill River Chapter in Northampton since March 2011, is currently vice president of that chapter. Sullivan has worked for the Glover agency for five years and is a third-generation insurance agent. He works with businesses to educate them about the types of risks associated with their business, helping them reduce the chances of a loss through policies. Last year, he was voted ‘most valuable participant’ by class members at the Hartford School of Insurance when he was designated the commercial lines coverage specialist. Sullivan is also part of the Leadership Pioneer Valley class of 2014, a program that trains emerging leaders from the community, including nonprofits, business, and government, through a nine-month leadership-development program, and is a new board member of Junior Achievement of Western Massachusetts.
•••••
Jules Gaudreau, President of the Gaudreau Group Insurance and Financial Services Agency in Wilbraham, was recently elected Secretary of the National Assoc. of Insurance and Financial Advisors (NAIFA) and will assume the office in September 2015, serving a one-year term. NAIFA, an association that serves and represents insurance and financial advisors, has a mission to advocate for a positive legislative and regulatory environment, enhance business and professional skills, and promote the ethical conduct of its members. Gaudreau is a Chartered Financial Consultant, a Certified Insurance Counselor, and a Licensed Insurance Advisor, and works primarily in the corporate market with a focus on employee benefits, estate, and business applications of life insurance and commercial property/casualty lines. Gaudreau is also a Million Dollar Round Table member and Top of the Table qualifier. A frequent speaker, Gaudreau is a past president of both the state and local affiliates of NAIFA and, on numerous occasions, has provided both written and oral testimony to the Massachusetts Legislature and other regulatory authorities.  He has been a director of the Mass. Assoc. of Insurance Agents and was president of Independent Insurance Agents of Hampden County, as well as the Estate Planning Council of Hampden County.
•••••
Shirley Simolari

Shirley Simolari

Keller Williams Realty of the Pioneer Valley recently added Shirley Simolari to its team. Simolari — an integral part of the startup of the newest bank in Springfield, NUVO Bank and Trust Co., where she served as Senior Vice President and Director of Creative Solutions — has an extensive knowledge of the banking industry and is licensed in both Massachusetts and Connecticut.
•••••






Michael Buckmaster

Michael Buckmaster

Springfield-based NUVO Bank & Trust Co. announced that Michael Buckmaster, Vice President of Commercial Lending, has been appointed President of the Big Brothers and Big Sisters of Hampden County board of directors. Buckmaster previously held the role of president from 2007 to 2009 and will serve another two-year term. Additionally, he is on the board of directors of the Hartsprings Foundation, which is responsible for the collection of donated clothes and personal items that benefit the Big Brothers and Big Sisters of Hampden County. Big Brothers and Big Sisters of Hampden County has been in operation since 1967 and is a nonprofit, nationally affiliated agency that matches children and youth to caring adult volunteers in consistent one-to-one mentoring relationships.
•••••
Pioneer Valley Planning Commission (PVPC) Senior Planner Jayne Bernhard-Armington received the 2013 Young Planner Award, which recognizes a junior or mid-level young practicing planner who has excelled in leadership, increased the impact of planning in public and private decision-making, or enhanced the American Planning Assoc. Massachusetts chapter (APA-MA). Bernhard-Armington, who specializes in housing and land-use planning, has been with the PVPC since 2008. In addition, the PVPC was selected to receive a Comprehensive Planning Award by the APA-MA. The awards were recently presented at the 2013 APA-MA/Massachusetts Assoc. of Planning Directors Annual Awards in Cambridge. The Pioneer Valley Regional Housing Plan was recognized in the Comprehensive Planning Award’s Regional category. This award was created to honor a plan, program, or process of unusually high merit.
•••••
Jean Wyld

Jean Wyld

Jean Wyld, Vice President for Academic Affairs at Springfield College, was recently presented with the Jacob Ludes III Leadership Award during the New England Assoc. of Schools and Colleges (NEASC) annual conference. The award is named after long-time leader and supporter of the NEASC Jacob Ludes III, and recognizes volunteers within NEASC who demonstrate leadership qualities that further the goals and objectives of the association. Wyld was recognized for her committed work as chair of NEASC’s Commission on Institutions of Higher Education (CIHE). As chair of the CIHE, Wyld provides leadership for the commission in its work of developing and applying the standards for accreditation that govern the nearly 300 public and private colleges and universities in New England and abroad accredited by NEASC. She also joined the NEASC board of trustees to represent the needs of higher education in the New England region and to external groups. Wyld has served as Vice President for Academic Affairs at Springfield College since 2001. Prior to this role, she served as the Chief Academic Officer and Dean of Academic Affairs at York College of Pennsylvania, and as Senior Vice President for Academic Affairs at Colby-Sawyer College in New Hampshire. While at Colby-Sawyer, she was selected as an American Council of Education fellow, and served her fellowship year at Boston College.

Court Dockets

By
Court Dockets Departments

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

CHICOPEE DISTRICT COURT
Arnold’s & Eddies Food Inc. v. West Street Bar & Grill Inc. d/b/a Maximum Capacity
Allegation: Breach of contract and monies owed: $7,054
Filed: 12/4/13

Gwendolyn A. Corden v. Family Dollar Store
Allegation: Negligent property maintenance causing injury: $3,640
Filed: 11/15/13

Ondrick Natural Earth, LLC v. Connecticut Valley Landscaping Inc. and Steve E. Bercume
Allegation: Breach of contract and monies owed: $5,516.49
Filed: 11/18/13

HAMPDEN SUPERIOR COURT
American Express v. Brent J. Bertelli and Bertelli Holdings
Allegation: Breach of contract: $39,000
Filed: 11/26/13

HAMPSHIRE SUPERIOR COURT
Blake Group Holdings Inc. d/b/a Blake Equipment v. Richard A. Baker d/b/a Geosun Design
Allegation: Non-payment of goods sold and delivered: $41,497.13
Filed: 12/10/13

NORTHAMPTON DISTRICT COURT
Donald F. Kelloway Jr. v. Core Security Technologies
Allegation: Suit on previous judgment: $3,337.24
Filed: 10/17/13

John P. O’Rourke v. The Hampshire Council of Governments
Allegation: Failure to pay wages: $3,859.24
Filed: 11/5/13

Sesac Inc. v. Cutting Edge Broadcasting Inc. d/b/a WEIB-FM 106.3
Allegation: Breach of performance license agreement: $16,867.64
Filed: 10/7/13

SPRINGFIELD DISTRICT COURT
Board of Trustees Wentworth Condominium Trust v. J.W.O. Realty Inc. and Tallage, IMR
Allegation: Unpaid condominium common-area charges: $4,669.50
Filed: 12/2/13

East Baking Co. Inc. v. Papa’s Bread & Snack Co.
Allegation: Non-payment of goods sold and delivered: $33,880.50
Filed: 12/4/13

Goodless Electric Co. Inc. v. Target Restoration Inc.
Allegation: Non-payment for electrical goods and services rendered: $8,852.90
Filed: 11/22/13

Jaya Lodgings, LLC d/b/a Candlewood Suites v. Energy Smart Resources Inc.
Allegation: Breach of contract, misrepresentation, and monies owed: $57,600
Filed: 12/2/13

Skyworks, LLC v. Optimum Building and Inspection Services Inc.
Allegation: Balance remaining for rental equipment provided: $4,928.50
Filed: 11/20/13

Star Search

By
40 Under 40 Events
Nominations Are Being Accepted for the 40 Under Forty Class of 2014

40under40-LOGO2012Jeff Fialky called it “quality control.”
That’s how he chose to describe the third and final phase of his process for scoring the more than 100 nominees for BusinessWest’s 40 Under Forty Class of 2013.
Fialky, a member of the Class of 2008 and one of five judges of last year’s candidates, said he started his assignment by simply reading each of the nominations in their entirety, without assigning any scores, to get what he called a “flavor, and basis of comparison.”
“I then flipped the stack back over and went through them again,” he went on, adding that he did so with some gauges, or barometers, that would help him assign a number — 1 through 10 — to each of those nominations. The so-called quality-control work came the following morning, after a good night’s sleep and with some fresh perspective, when he went through the pile one more time to assess the numbers he assigned to each candidate to make sure he was totally comfortable with each one.
“I think I probably changed a dozen scores — not significantly, maybe one number up or down, based upon comparisons with the other nominees,” he said, adding that he’s not sure how the other judges went about their work last February, but he’s quite sure that the subjectivity that is part and parcel to the judging process is one of the things that makes the 40 Under Forty competition unique and what he called a “perfectly imperfect” undertaking.
“This 40 Under Forty program is about distinguishing oneself in the community,” he noted. “Whether it’s personally or professionally, it is truly a comparative exercise, and the fact that judges come at it in different ways makes it more compelling.  And while those approaches are different from each other, the end result is a great compilation of leadership in the Valley.”
Mark O’Connell agreed. The managing partner of Wolf & Co., with offices in Boston and Springfield, he also judged the Class of 2013, and took a decidedly different tack, what he called a more “analytic approach.”
Elaborating, he said he assigned hard numbers to certain aspects of candidates’ résumés — with a specific total of points awarded for such things as owning one’s business, getting involved with area nonprofits, and earning acclaim within one’s profession. The process, he said, took some of the subjectivity out of the equation.
“It became a mathematical process, essentially, and I was able to draw a line under the first 40,” he said, noting that, while his method may have been different from those used by others, he believed it worked, because only a handful of “his” top 40 were not eventually identified as winners.
By mid-February, another group of five judges (they’re profiled on page 18) will be developing their own strategies for assigning scores for what will likely be another 100 or so candidates in this, the eighth edition of the 40 Under Forty competition.
It all began in late 2006, said BusinessWest Associate Publisher Kate Campiti, when the magazine decided to embrace a concept used by a number of business publications across the country to identify, profile, and celebrate rising young stars in a given community.
Over the years, individuals from nearly every sector of the economy — from healthcare to retailing; technology to law; banking to nonprofit management — have made the list and climbed to the podium in late June to accept their plaque and the applause of friends, family, colleagues, and fellow recipients past and present.
The Class of 2013 was especially diverse, with the list of winners including a charter school founder, a construction company owner, several lawyers, an environmental scientist, and the vice president of sales for a company making next-generation hand dryers.
It was a class that surprised Fialky in some respects, and in a positive way.
“What I really enjoyed about my experience judging was seeing all the talent potential in the valley,” he explained. “You know that there’s been so many honorees over the prior years, and you intuitively think that the talent pool has been exhausted. But then you look at all the nominations, and you realize that it’s only the tip of the iceberg that’s been tapped.
“Some years favor service providers, some years favor nonprofit managers, some favor entrepreneurs, and some favor strength of character,” he went on, referring to the general makeup of the previous six classes. “I think last year’s class had an element of all four of those things.”
O’Connell concurred. “I think this was a great class — I came away very impressed,” he said, “and also feeling very good about the future of this region.”
There are now 280 people in the unique fraternity that is 40 Under Forty, said Campiti, noting that many of them have moved on to different jobs and different challenges, and some of them now have a different area code on their cell phones, but their 40 Under Forty plaque usually goes with them wherever they go.
Fialky agreed.
“It’s become a symbol of excellence, a symbol of leadership, if you will,” he said, adding that 40 Under Forty has become both a brand and something to aspire to.
The popularity — and importance — of the 40 Under Forty program has been driven home by the steady growth and evolution of the annual 40 Under Forty gala, this year to be staged on June 19 at the Log Cabin Banquet & Meeting House in Holyoke. Last year, the event drew a sellout crowd of more than 650 people, who were treated to fine food, perfect weather, and an eclectic array of music, chosen by the winners to accompany their ascension to the stage.
“The gala has become a happening, a not-to-be missed gathering that is also the year’s best networking opportunity,” said Campiti, adding that those who wish to attend must act quickly, because the gala traditionally sells out weeks before the event.
Before anyone can move to the stage to get their plaque, however, they must be nominated. And both Campiti and Fialky, who has been on both sides of the equation — as both candidate and judge — stressed repeatedly that 40 Under Forty is a nomination-driven process, something that is still lost on many who wish to forward a name and résumé for consideration.
“That’s where it starts, with the nomination,” said Campiti. “It needs to be complete, it needs to be thorough, and it needs to essentially answer the question, ‘why is this individual worthy of a 40 Under Forty plaque?’”
The nomination form requests the basic information on an individual, said Campiti, and can be supported with other material, such as a résumé, testimonials, and even press clippings highlighting an individual’s achievements in their chosen profession or within their community.
Nominations must be received by the end of the business day (5 p.m.) on Feb. 7. Judges will then score those nominations, and the winners will be notified by mail by the end of the month.
The chosen 40 will be profiled in the magazine’s April 21 edition, with gala tickets going on sale soon thereafter. For more information, call (413) 781-8600, ext. 100.

Fast Facts
What: The 40 Under Forty nomination process
Deadline: Feb. 7 at 5 p.m.
How to Nominate: Use the form in BusinessWest (it will also appear in subsequent editions), or go here.
For More Information: Call (413) 781-8600, ext. 100, or visit www.businesswest.com.
The 40 under forty Gala: June 19
Where: The Log Cabin Banquet & Meeting House
Tickets: They’ll go on sale in late April and will first be made available to winners and their families and employers.

Meet the Judges

By
Events

Editor’s Note: Again this year, five individuals have been chosen to score the nominations submitted for the 40 Under Forty Class of 2014. In keeping with past practice, BusinessWest has chosen two former winners to be part of this panel — in this case, members of the classes of 2011 and 2013. In addition, BusinessWest has sought out individuals with experience in business and entrepreneurship. This year’s judges are:

Jim Barrett

Jim Barrett

• Jim Barrett, CPA/PFS, MST is the managing partner of Meyers Brothers Kalicka, P.C., the largest regionally based public-accounting firm in Western Mass. He is a certified public accountant licensed in Massachusetts and Connecticut, and holds a personal financial specialist credential. In the taxation practice, he works with privately held commercial companies, partnerships, and individuals. In addition to tax compliance, his engagement experience includes consulting on accounting periods and methods, review of corporate tax provisions, computation of corporate earnings and profits, and mergers and acquisitions. In the financial-planning and wealth-management services practice, Barrett assists clients in integrating and managing issues concerning life and wealth. These issues include pre- and post-retirement planning, estate- and gift-tax planning, income-tax planning, investment planning, education planning, insurance planning, and charitable giving.
Barrett joined the firm in 2002. Prior to that, he was a senior tax manager for KPMG, LLP. He is a member of the AICPA and the MSCPA, and serves as treasurer of the Massachusetts Chamber of Commerce. He also serves as the treasurer of the Young Presidents Organization of Western New England.

Shonda Pettiford

Shonda Pettiford

• Shonda Pettiford, assistant director of Communications for Commonwealth Honors College, a program for academically talented students at UMass Amherst. A member of the 40 Under Forty class of 2013, Pettiford builds the brand of the Honors College through strategic communications, marketing, social media, website development, and event publicity. Before entering that role, she helped direct community-service learning at the university.
For more than 12 years, Pettiford has been involved with the Women’s Fund of Western Mass. She has channeled her passion for advancing social justice for women into myriad volunteer roles within the organization, from co-chairing the grant-making committee to participating on the development, governance, and executive committees, to serving as president of the board of directors.



Peter Rosskothen

Peter Rosskothen

• Peter Rosskothen, co-owner and president of the Log Cabin & Delaney House. A veteran of the hospitality industry, Rosskothen has also been a serial entrepreneur, and a former BusinessWest Top Entrepreneur. After working as restaurant manager at the Holiday Inn in Holyoke, food and beverage manager at Twin Hills Country Club, and director of food services at Classic Foods in Greenfield, he became owner and president of three Boston Chicken locations in Western Mass. and manager of 65 across the Northeast. Later, he was a partner in a venture to convert the former Log Cabin restaurant into a banquet and meeting facility, and, several years later, acquired the Delaney House restaurant. His most recent venture has been the opening of two Mt. Joe coffee shops.
Rosskothen has been involved with the Holyoke Chamber of Commerce, the Holyoke Rotary Club, the Greater Springfield Convention & Visitors Bureau, the Holyoke Health Center, the Economic Development Council of Western Mass., the Volleyball Hall of Fame, and other organizations.

Meghan Rothschild

Meghan Rothschild

• Meghan Rothschild, co-owner of the marketing and public relations firm chikmedia. A member of the 40 Under Forty class of 2011, she and chikmedia partner Emily Gaylord put an emphasis on female-run organizations and women business owners, and offer full design, strategic marketing planning, and creative PR. Current clients include SkinCatering and Papa John’s Pizza.
For the past seven years, Rothschild has worked closely with the Melanoma Foundation of New England as a board member and spokesperson. She is a 10-year melanoma survivor who started her own awareness organization, Surviving Skin, seven years ago. She advocates for skin health through interviews with media across the New England region and by appearing as a speaker at various engagements across the state. She also acts as host of Skin Talk, a local talk show focused on melanoma awareness and skin care. She was recently the keynote speaker at the Melanoma Foundation’s Shades of Hope event in Boston.

Jim Sheils

Jim Sheils

• Jim Sheils, partner at the Springfield-based law firm Shatz, Schwartz and Fentin, P.C., where he concentrates his practice in commercial finance, representing banks and private lenders in the Pioneer Valley and the Berkshires. He also represents clients in the acquisition or sale of businesses. Currently the town moderator of East Longmeadow, he has also served on a number of charitable and civic boards, including the Dunbar Community Center, the Mass. Moderators Assoc., Goodwill Industries of the Pioneer Valley, and the St. Vincent de Paul Society.
Sheils has also been a member of the Mass. Advisory Council for the U.S. Small Business Administration, a director of the Smaller Business Assoc. of New England (SBANE), and a member of the Commercial Law League of America. He was the first program director at WICN Radio, Worcester’s NPR radio station. Sheils is a graduate of the College of the Holy Cross, where he received the Presidential Service Award, and Boston College Law School.

Local Lights

By
Events

Lists of the previous seven 40 Under Forty classes

Class of 2013

Timothy Allen, South End Middle School
Meaghan Arena, Westfield State University
Adrian Bailey Dion, Harold Grinspoon Foundation
Jason Barroso, Tighe & Bond
Elizabeth Beaudry, NUVO Bank & Trust Co.
Melyssa Brown, Meyers Bothers Kalicka, P.C.
Kam Capoccia, Western New England University College of Pharmacy
Jeremy Casey, Westfield Bank
Tommy Cosenzi, TommyCar Auto Group
Erin Couture, Florence Savings Bank
Geoffrey Croteau, MassMutual Charter Oak Insurance and Financial Services
William Davila, The Gandara Center
Ralph DiVito Jr., Yankee Candle Co.
Shaun Dwyer, PeoplesBank
Erin Fontaine Brunelle, Century 21 Hometown Associates
William Gagnon, Excel Dryer Inc.
Allison Garriss, Clinical & Support Options Inc.
Annamarie Golden, Baystate Health
L. Alexandra Hogan, Shatz, Schwartz and Fentin, P.C.
Samalid Hogan , City of Springfield
Xiaolei Hua, PeoplesBank
Mark Jardim, CMD Technologies
Danny Kates, Wealth New England and MassMutual Charter Oak Insurance and Financial Services
Jeremy Leap, Country Bank
Danielle Letourneau-Therrien, Big Brothers Big Sisters of Franklin County
Isaac Mass, Law Office of Isaac J. Mass
Kelvin Molina, HAPHousing
Brenna Murphy McGee, Commonwealth of Massachusetts/City of Holyoke
Vanessa Pabon, WGBY-TV
John Pantera, Fitness Together Franchise Corp./Elements Therapeutic Massage
Justin Pelis, North Country Landscapes & Garden Center
Shonda Pettiford, Commonwealth Honors College, UMass Amherst
Shannon Reichelt, S. Reichelt & Co., LLC.
N. Andrew Robb, Burgess, Schultz & Robb, P.C.
Stacy Robison, CommunicateHealth Inc.
Rachel Romano, Veritas Preparatory Charter School
Jennifer Root, Center for Human Development,Terri Thomas Girls Program
Jonathan Stolpinski, Westfield Electroplating Co.
Walter Tomala Jr., TNT General Contracting Inc.
Mark Zatyrka, American Homecare Federation Inc.

Class of 2012

Allison Biggs, Graphic Designer
Christopher Connelly, Foley/Connelly Financial Partners
Scott Conrad, Center for Human Development
Erin Corriveau, Reliable Temps Inc.
Carla Cosenzi, Tommy Car Corp.
Ben Craft, Baystate Medical Center
Jessica Crevier, AIDS Foundation of Western Mass.
Michele Crochetiere, YWCA of Western Mass.
Christopher DiStefano, DiStefano Financial Group
Keshawn Dodds, 4King Edward Enterprises Inc.
Ben Einstein, Brainstream Design
Michael Fenton, Shatz, Schwartz, and Fentin, P.C.
Tim Fisk, The Alliance to Develop Power
Elizabeth Ginter, Ellis Title Co.
Eric Hall, Westfield Police Department
Brendon Hutchins, St. Germain Investment Management
Kevin Jennings, Jennings Real Estate
Kristen Kellner, Kellner Consulting, LLC
Dr. Ronald Laprise, Laprise Chiropractic & Wellness
Danielle Lord, O’Connell Care at Home & Staffing Services
Waleska Lugo-DeJesus, Westfield State University
Trecia Marchand, Pioneer Valley Federal Credit Union
Ryan McCollum, RMC Strategies
Sheila Moreau, MindWing Concepts Inc.
Kelli Ann Nielsen, Springfield Academy Middle School
Neil Nordstrom, Pediatric Services of Springfield
Edward Nuñez, Freedom Credit Union
Adam Ondrick, Ondrick Natural Earth
Gladys Oyola, City of Springfield
Shardool Parmar, Pioneer Valley Hotel Group
Vincent Petrangelo, Raymond James
Terry Powe, Elias Brookings Museum Magnet School
Jennifer Reynolds, Meyers Brothers Kalicka, P.C.
Dan Rukakoski, Tighe & Bond
Dr. Nate Somers, Center for Human Development
Joshua Spooner, Western New England University College of Pharmacy
Jaclyn Stevenson, Winstanley Partners
Jason Tsitso, R & R Windows Contractors
Sen. James Welch, State Senator, First Hampden District
Karen Woods, Yankee Candle Co.

Class of 2011

Kelly Albrecht , left-click Corp.
Gianna Allentuck , Springfield Public Schools
Briony Angus , Tighe & Bond
Delania Barbee , ACCESS Springfield Promise Program
Monica Borgatti , Pioneer Valley Habitat for Humanity
Nancy Buffone , University of Massachusetts
Michelle Cayo , Country Bank
Nicole Contois , Springfield Housing Authority
Christin Deremian , Human Resources Unlimited/Pyramid Project
Peter Ellis , DIF Design
Scott Foster , Bulkley, Richardson and Gelinas, LLP
Stephen Freyman , Longmeadow High School
Benjamin Garvey , Insurance Center of New England
Mathew Geffin , Webber and Grinnell
Nick Gelfand , NRG Real Estate Inc.
Mark Germain , Gomes, DaCruz and Tracy, P.C.
Elizabeth Gosselin , Commonwealth Packaging
Kathryn Grandonico , Lincoln Real Estate
Jaimye Hebert , Monson Savings Bank
Sean Hemingway , Center for Human Development
Kelly Koch , Bulkley, Richardson and Gelinas, LLP
Jason Mark , Gravity Switch
Joan Maylor , Stop and Shop Supermarkets
Todd McGee , MassMutual Financial Group
Donald Mitchell , Western Mass. Development Collaborative
David Pakman , Vivid Edge Media Group/The David Pakman Show
Timothy Plante, City of Springfield/Springfield Public Schools
Maurice Powe , The Law Offices of Brooks and Powe
Jeremy Procon , Interstate Towing Inc.
Kristen Pueschel , PeoplesBank
Meghan Rothschild , SurvivingSkin.org
Jennifer Schimmel , Greater Springfield Habitat for Humanity
Amy Scott , Wild Apple Design Group
Alexander Simon , LogicTrail, LLC
Lauren Tabin , PeoplesBank
Lisa Totz , ITT Power Solutions
Jeffrey Trant , Human Resources Unlimited
Timothy Van Epps , Sandri Companies
Michael Vedovelli , Mass. Office of Business Development
Beth Vettori , Rockridge Retirement Community

Class of 2010

Nancy Bazanchuk , Disability Resource Program, Center for Human Development
Raymond Berry , United Way of Pioneer Valley
David Beturne , Big Brothers Big Sisters of Hampden County
Maegan Brooks , The Law Office of Maegan Brooks
Karen Buell , PeoplesBank
Shanna Burke , Nonotuck Resource Associates
Damon Cartelli , Fathers & Sons
Brady Chianciola , PeoplesBank
Natasha Clark , Springfield School Volunteers
Julie Cowan , TD Bank
Karen Curran , Thomson Financial Management Inc.
Adam Epstein , Dielectrics Inc.
Mary Fallon , Garvey Communication Associates
Daniel Finn , Pioneer Valley Local First
Owen Freeman-Daniels , Foley-Connelly Financial Partners and Foley Insurance Group
Lorenzo Gaines , ACCESS Springfield Promise Program
Thomas Galanis , Westfield State College
Anthony Gleason II , Roger Sitterly & Son Inc. and Gleason Landscaping
Allen Harris , Berkshire Money Management Inc.
Meghan Hibner , Westfield Bank
Amanda Huston , Junior Achievement of Western Mass. Inc.
Kimberly Klimczuk , Royal, LLP
James Krupienski , Meyers Brothers Kalicka, P.C.
David Kutcher , Confluent Forms, LLC
James Leahy , City of Holyoke and Alcon Laboratories
Kristin Leutz , Community Foundation of Western Mass.
Meghan Lynch , Six-Point Creative Works
Susan Mielnikowski , Cooley, Shrair, P.C.
Jill Monson , Adam Quenneville Roofing & Siding Inc. and Inspired Marketing & Promotions
Kevin Perrier , Five Star Building Corp.
Lindsay Porter , Big Y Foods
Brandon Reed , Fitness Together
Boris Revsin , CampusLIVE Inc.
Aaron Vega , Vega Yoga & Movement Arts
Ian Vukovich , Florence Savings Bank
Thomas Walsh , City of Springfield
Sean Wandrei , Meyers Brothers Kalicka, P.C.
Byron White , Pazzo Ristorante
Chester Wojcik , Design Construction Group
Peter Zurlino , Atlantico Designs and Springfield Public Schools

Class of 2009

Marco Alvan, Team Link Brazilian Jiu Jitsu
Gina Barry, Bacon Wilson, P.C.
Maggie Bergin, The Art of Politics
Daniel Bessette, Get Set Marketing
Brandon Braxton, NewAlliance Bank
Dena Calvanese, Gray House
Edward Cassell, Park Square Realty
Karen Chadwell, Doherty, Wallace, Pillsbury and Murphy, P.C.
Kate Ciriello, MassMutual Financial Group
Kamari Collins, Springfield Technical Community College
Mychal Connolly Sr., Stinky Cakes
Todd Demers, Family Wireless
Kate Glynn, A Child’s Garden and Impish
Andrew Jensen, Jx2 Productions, LLC
Kathy LeMay, Raising Change
Ned Leutz, Webber & Grinnell Insurance Agency
Scott MacKenzie, MacKenzie Vault Inc.
Tony Maroulis, Amherst Area Chamber of Commerce
Seth Mias, Seth Mias Catering
Marjory Moore, Chicopee Public Schools
Corey Murphy, First American Insurance Agency Inc.
Mark Hugo Nasjleti, Go Voice for Choice
Joshua Pendrick, Royal Touch Painting
Christopher Prouty, Studio99Creative
Adam Quenneville, Adam Quenneville Roofing
Michael Ravosa, Morgan Stanley
Kristi Reale, Meyers Brothers Kalicka, P.C.
Amy Royal, Royal & Klimczuk, LLC
Michelle Sade, United Personnel
Scott Sadowsky, Williams Distributing Corp.
Gregory Schmidt, Doherty, Wallace, Pillsbury & Murphy, P.C.
Gretchen Siegchrist, Media Shower Productions
Erik Skar, MassMutual Financial Services
Paul Stallman, Alias Solutions
Renee Stolar, J. Stolar Insurance Co.
Tara Tetreault, Jackson and Connor
Chris Thompson, Springfield Falcons Hockey Team
Karl Tur, Ink & Toner Solutions, LLC
Michael Weber, Minuteman Press
Brenda Wishart, Aspen Square Management

Class of 2008

Michelle Abdow, Market Mentors
Matthew Andrews, Best Buddies of Western Mass.
Rob Anthony, WMAS
Shane Bajnoci, Cowls Land & Lumber Co.
Steve Bandarra, Atlas TC
Dr. Jonathan Bayuk, Hampden County Physician Associates
Delcie Bean IV, Valley Computer Works (Paragus Strategic IT)
Brendan Ciecko, Ten Minute Media
Todd Cieplinski, Universal Mind Inc.
William Collins, Spoleto Restaurant Group
Michael Corduff, Log Cabin Banquet and Meeting House
Amy Davis, New City Scenic & Display
Dave DelVecchio, Innovative Business Systems Inc.
Tyler Fairbank, EOS Ventures
Timothy Farrell, F.W. Farrell Insurance
Jeffrey Fialky, Bacon Wilson, P.C.
Dennis Francis, America’s Box Choice
Kelly Galanis, Westfield State College
Jennifer Glockner, Winstanley Associates
Andrea Hill-Cataldo, Johnson & Hill Staffing Services
Steven Huntley, Valley Opportunity Council
Alexander Jarrett, Pedal People Cooperative
Kevin Jourdain, City of Holyoke
Craig Kaylor, Hampden Bank / Hampden Bancorp Inc.
Stanley Kowalski III, FloDesign Inc.
Marco Liquori, NetLogix Inc.
Azell Murphy Cavaan, City of Springfield
Michael Presnal, The Federal Restaurant
Melissa Shea, Sullivan, Hayes & Quinn
Sheryl Shinn, Hampden Bank
Ja’Net Smith, Center for Human Development
Diana Sorrentini-Velez, Cooley, Shrair, P.C.
Meghan Sullivan, Sullivan, Hayes & Quinn
Michael Sweet, Doherty Wallace Pillsbury & Murphy
Heidi Thomson, Girls Inc.
Hector Toledo, Hampden Bank
William Trudeau Jr., Insurance Center of New England
David Vermette, MassMutual Financial Services
Lauren Way, Bay Path College
Paul Yacovone, Brain Powered Concepts

Class of 2007

William Bither III, Atalasoft
Kimberlynn Cartelli, Fathers & Sons
Amy Caruso, MassMutual Financial Group
Denise Cogman, Springfield School Volunteers
Richard Corder, Cooley Dickinson Hospital
Katherine Pacella Costello, Egan, Flanagan & Cohen, P.C.
A. Rima Dael, Berkshire Bank Foundation of Pioneer Valley
Nino Del Padre, Del Padre Visual Productions
Antonio Dos Santos, Robinson Donovan, P.C.
Jake Giessman, Academy Hill School
Jillian Gould, Eastfield Mall
Michael Gove, Lyon & Fitzpatrick, LLP
Dena Hall, United Bank
James Harrington, Our Town Variety & Liquors
Christy Hedgpeth, Spalding Sports
Francis Hoey III, Tighe & Bond
Amy Jamrog, The Jamrog Group, Northwestern Mutual
Cinda Jones, Cowls Land & Lumber Co.
Paul Kozub, V-1 Vodka
Bob Lowry, Bueno y Sano
G.E. Patrick Leary, Moriarty & Primack, P.C.
Todd Lever, Noble Hospital
Audrey Manring, The Women’s Times
Daniel Morrill, Wolf & Company
Joseph Pacella, Egan, Flanagan & Cohen, P.C.
Arlene Rodriquez, Springfield Technical Community College
Craig Swimm, WMAS 94.7
Sarah Tanner, United Way of Pioneer Valley
Mark Tanner, Bacon Wilson, P.C.
Michelle Theroux, Child & Family Services of Pioneer Valley Inc.
Tad Tokarz, Western MA Sports Journal
Dan Touhey, Spalding Sports
Sarah Leete Tsitso, Fred Astaire Dance
Michael Vann, The Vann Group
Ryan Voiland, Red Fire Farm
Erica Walch, Speak Easy Accent Modification
Catherine West, Meyers Brothers Kalicka, P.C.
Michael Zaskey, Zasco Productions, LLC
Edward Zemba, Robert Charles Photography
Carin Zinter, The Princeton Review

Rhapsody in Bloo

By
Sections Technology
Jeremiah Beaudry Colors in a Successful Story of Entrepreneurship

By MICHAEL REARDON

Jeremiah Beaudry

Jeremiah Beaudry took his youthful passion for computer repair and turned it into a successful business.

By the time Jeremiah Beaudry was 10 years old, he was building computers.
By the time he was 14, he was running his uncle’s computer repair shop, and by the time he turned 15, he had started his own computer business.
Call him a prodigy. Call him a wunderkind. The bottom line is, the owner of Bloo Solutions in Chicopee knew exactly what he wanted to do in life, and was very good at it from a young age.
“My uncle, Len Beaudry, had his own computer shop in Leominster called Computer HMO,” Beaudry told BusinessWest. “He would drop off broken computers at our house, and my Dad would put them in the basement, and I would go down there and play with them. They were like Lego sets to me.”
When he was 13, Beaudry worked summers repairing computers in his uncle’s shop. The next summer, he ran the business while Len was away. Beaudry mostly taught himself about computers, as he scoured the Internet for instructional videos and any other resources he could find.
“I broke things constantly,” he said. “I’d spend days figuring out what I did wrong. I learned by getting my hands on it and why I did what I did.”
At 15, he opened his business, initially called CBOS Computers, out of his basement at home.
“It was a silly name; it stood for Can’t Beat Our Service,” Beaudry said with a chuckle.
Beaudry, now 30, recently sat in his small computer shop on Grattan Street in Chicopee, surrounded by computers in various stages of assembly and repair, to talk about his business and his formula for success. He was relaxed in blue jeans and a T-shirt, and takes a genuine interest in other people, asking a visitor how he got started in his business.
The choice of the name Bloo Solutions, with the unconventional spelling of the word ‘blue,’ was simple. Beaudry loves the color and designed many websites using different variations of blue. When he went to register the domain name, he found another company called Blue Solutions existed, so he simply changed the spelling.
The venture has carved out a niche as a resource for small businesses throughout the region seeking information-technology solutions. Beaudry provides a wide range of services, including website design, repairs and troubleshooting, virus removal, network and security setup, and more.
He has also offered advice to clients on the right computer or entertainment center to buy, and even on how best to market their products or services.
“What I like most is solving problems for people,” Beaudry explained. “I like to know I’m doing something to make a positive difference in somebody’s business.”

Web of Intrigue
A native of South Hadley, Beaudry graduated from South Hadley High School in 2001. Before earning that diploma, though, he was earning a salary with his own business, one focused mostly on repairing computers owned by clients of his father, an independent financial manager.
“I learned a lot … they were patient with me,” he said, adding that having a father who worked for himself had a big influence on him. “Having flexibility is more important than having stability sometimes.”
In the beginning, Beaudry would make cold calls to area business owners trying to  grow his client roster. In 1999, he scored his first big website-design job when he was hired by Tekoa Country Club in Westfield.
“I got a $4,000 contract to do their website,” he said. “It was unbelievable to me. Since then, I’ve never advertised. Business has been all word of mouth. It’s grown organically.”
Beaudry took a break from the business to attend Bentley College in Waltham. While at school, he worked at a local Radio Shack, which he hated. Indeed, that experience only reinforced his resolve to work for himself and enjoy both the freedom and responsibilities that come with being an entrepreneur.
“I was working someone else’s schedule,” Beaudry said of his time at Radio Shack. “It was the same thing every day. I wasn’t helping anyone; I was just selling things. I probably lasted there only four to six months.”
Bentley College didn’t take either. Beaudry found a client in Hingham, a retail store called Beauty and Main, that was expanding and needed help with updating its computer system to accommodate the move.
“They expanded from one to eight stores, and my job was to install software in all of their stores all over New England,” Beaudry said. “They were 80% of my revenue. I had a couple of people working for me at the time, helping with that project.”
That’s when Beaudry decided to leave Bentley behind and move back to South Hadley. He worked out of his house for 10 years before getting married and starting a family. Beaudry, his wife Chelsea, and son Daxton, who was born in June, live just over a mile away from his shop.
“Having a home office did the trick for a long time,” he said. “But then you start a family, and the office becomes the baby’s room. Plus, I needed a place to meet clients or where they could drop off their computers.”
Bloo Solutions has been at the Grattan Street location for about three and a half years. Beaudry has one employee, his South Hadley High School friend, Joshua Charland, an IT consultant, and more than 100 clients, about 25 of them steady.
“We try to be a one-stop shop,” Beaudry explained. “We target small businesses. We can be their outsourced IT department; they can come to us with all of their questions.”
Chicopee attorney Robert Lefebvre of Gelinas & Lefebvre has been a client of Bloo Solutions for about 10 years, from the time he met Beaudry through a marketing group. At the time, his four-attorney office needed help replacing equipment and updating its system. Since then, Beaudry has been like the office’s own IT department.
“Jeremiah has provided many services for us,” Lefebvre said. “He’s been phenomenal in helping our practice.”
The services provided by Bloo Solutions to Lefebvre’s law firm have evolved over the years to everything from designing the website to updating equipment; from installing backup systems to online marketing, and more.
“Jeremiah is indispensible,” Lefebvre said. “I’ve referred him to many different clients and businesses, and they’ve gotten the same great results that we have. For what he does, you usually have to hire a larger company that would cost you much more money. He provides a unique service to small companies.”
According to Lefebvre, what really impressed him about Beaudry was his commitment to getting to know how the law firm was run so he could better determine exactly the kind of services it would need.
“He’s reliable,” Lefebvre said. “He would research what other, similar firms are doing on issues involving security, and he would come back with recommendations so he could adequately structure our systems.”
Another Chicopee client, A. Crane Construction, retains Bloo Solutions for several IT projects, including the redesign of the company’s website, social-media marketing, IT solutions, and other work.
“Jeremiah is extremely detail-oriented,” said A.J. Crane, owner of the company. “He’s very serious about his business, which is not a common trait among many young business people. He treats his business like we treat ours. He’s very personable, very respectful.”
If Beaudry doesn’t have the answer, he has other experts he can recommend to do the job, he noted. And he is willing to refer his clients to someone who can help with a problem that is out of his area of expertise.
“He always finds the solution for us, even if it doesn’t make money for him,” Crane said.

Technically Speaking
Beaudry told BusinessWest that he’s diligent about keeping up with the ever-changing high-tech landscape. Computer viruses and other destructive bugs are getting more sophisticated and stealthy, and that keeps him busy educating his clients and installing or updating preventative solutions.
“One of the biggest things we do is to make sure clients’ network and security protocol are consistent so viruses won’t infect their computers,” he said. “It’s important to put protections in place so that, if a virus gets into your system, you won’t have much downtime. Downtime costs money, so we try to minimize it so you’re up and running in hours, not days. Nothing is more vital than having backups to your computer system.”
By providing such solutions, Beaudry has kept his clients from feeling blue — or, in this case, bloo, which has become the color of success.

Court Dockets

By
Court Dockets Departments

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

CHICOPEE DISTRICT COURT
Baystate Elevator Co. v. CDM Properties, LLC
Allegation: Breach of written elevator maintenance agreement: $10,000
Filed: 10/25/13

Mary Lou Sanborn v. Lapinski Electric Inc. and Christopher Lapinski
Allegation: Breach of settlement agreement: $15,000
Filed: 11/7/13

GREENFIELD DISTRICT COURT
Emily Bauer v. ServiceNet Inc. and Micah Matthia
Allegation: Negligent operation of a vehicle causing injury: $24,999
Filed: 11/6/13

Yvette Ramirez v. Holyoke Mall Co., L.P.
Allegation: Negligent maintenance of property causing injury: $3,634.86
Filed: 10/17/13

HAMPDEN SUPERIOR COURT
Jack Clemente v. Gary Martinelli and Martinelli Descenza PC
Allegation: Unfair and deceptive acts in representation as a personal attorney: $700,000
Filed: 10/25/13

Jose Feliciano v. Basketball League of Western MA, Roman Catholic Diocese of Springfield, Holy Name Parish, and Springfield Heat Youth Basketball
Allegation: Negligent hiring, failure to provide adequate security, assault and battery by a coach: $8,440.32
Filed: 10/23/13

Pioneer Valley Hotels Inc. v. Set in Concrete Inc.
Allegation: Breach of contract and negligence: $31,425
Filed: 11/5/13

William Wessig v. Edward Desarkis d/b/a Deluxe Limousine Service
Allegation: Defendant misclassified plaintiff as an independent contractor and failed to pay wages and overtime: $30,000
Filed: 11/8/13

HAMPSHIRE SUPERIOR COURT
Amcor Inc. v. Hi-De Liners Inc.
Allegation: Non-payment of goods sold and delivered: $96,491.28
Filed: 9/4/13

CNH Capital America, LLC v. Scott Hutkowski d/b/a Long Plain Farm
Allegation: Action for redelivery and repossession of certain goods and money damages as a result of default under the terms of a security agreement: $25,847.96
Filed: 9/13/13

HOLYOKE DISTRICT COURT
Inter-Ocean Investments d/b/a Fine Writing, LLC v. Jaishri J. Singh d/b/a ABC Gifts
Allegation: Unpaid credit-card charges: $2,115.79
Filed: 11/8/13

Juan C. Arevalo v. Philip B. Rayder, the Martin-Brower Co., LLC, CJ Transportation, LLC, and Reyes Holding Inc.
Allegation: Negligent operation of a motor vehicle: $13,173.49
Filed: 9/26/13

SPRINGFIELD DISTRICT COURT
Liberty Mutual Insurance Co. v. DB Installation Inc.
Allegation: Balance due on workers’ compensation policy: $6,990.17
Filed: 9/25/13

The Travelers Indemnity Co. v. Thomas Engwer III d/b/a Thomas Engwer Trucking
Allegation: Breach of contract and monies owed: $10,821.00
Filed: 10/16/13

People on the Move

By
Departments People on the Move

A. Hazel Mugo

A. Hazel Mugo

The law firm Bulkley Richardson announced that A. Hazel Mugo has joined the firm as Counsel. A member of the Business and Finance Department, she focuses her practice on general corporate, business, and financial law and commercial transactions. Mugo works principally in Bulkley Richardson’s Springfield office, and is also a member of the New York Bar. She has advised borrowers and lenders on all aspects of financing, including secured and unsecured debt financing, and venture-capital and acquisition financing. She has also advised financial institutions on private placements and securities-law matters. Mugo teaches mutual-fund and hedge-fund law at the University of Connecticut School of Law on an adjunct basis, and serves as a fellow at the school’s Insurance Law Center. She earned her doctorate and LL.M. from Harvard Law School, and LL.B., magna cum laude, from the University of Nairobi in Kenya, and practiced as a corporate associate at major international firms.
•••••
Caron LaCour

Caron LaCour

West Springfield-based Burkhart, Pizzanelli, P.C. announced that Caron LaCour has joined the certified public accounting firm. LaCour’s prior experience includes six years with J.M. O’Brien & Co., P.C. as a Senior Tax Specialist and 11 years as a Staff Accountant for Kostin, Ruffkess & Co., LLC. LaCour received her BS in Accounting from Western New England University.
•••••
David Chase

David Chase

The Gray House recently inducted David Chase, Vice President/Commercial Lender at Hampden Bank in Springfield, to its board of directors for a three-year term. The nonprofit organization is a small neighborhood human-services agency that assists neighbors facing hardships in meeting their immediate and transitional needs by providing food, clothing, and educational services in a safe, positive environment in the North End of Springfield. Chase, who has more than 20 years of banking experience, also serves on the Agawam Planning Board, is a member of the Board of Directors of the West of the River Chamber, and is a member of the Rotary Club of Springfield.
•••••
Hampden Bank recently announced the following:
Amy Scribner

Amy Scribner

• Amy Scribner has been promoted to Vice President and Director of Marketing. She joined Hampden Bank in 1990 and has worked in the Marketing Department since 2002. She is now responsible for the support of the bank’s strategic marketing initiatives as well as all marketing and advertising; and
Tara Corthell

Tara Corthell

• Tara Corthell has been promoted to Senior Vice President and Director of Finance. She joined Hampden Bank in 2005 as the Financial Manager; she previously worked at Investors Bank & Trust in Boston as a Reporting and Compliance manager. Corthell will oversee all of the organization’s financial functions.
•••••
The Greater Holyoke Chamber of Commerce announced its first-ever Chamber Ambassador of the Year Award, honoring Darlene Morse, Business Account Representative at CareerPoint. Morse received the award after volunteering the most hours of any ambassador this past year. Since becoming an ambassador in 2006, Morse has attended and assisted in over 100 events. Morse and her manager, CareerPoint Executive Director David Gadaire, will be honored at the chamber’s Holiday Business Breakfast on Dec. 11 at the Delaney House in Holyoke.
•••••
Ralph Abbott Jr.

Ralph Abbott Jr.

Skoler, Abbott & Presser, P.C., a Springfield-based labor and employment law firm serving the Greater Springfield area, announced that Ralph Abbott Jr. was named to the Best Lawyers 2014 Springfield, Mass., as Labor Law-Management Lawyer of the Year. A partner in the firm since 1975, Abbott represents management in labor relations and employment-related matters, providing employment-related advice to employers, assisting clients in remaining union-free, and representing employers before the National Labor Relations Board. Those honored as Lawyers of the Year have received particularly high ratings in surveys by earning a superior level of respect among their peers for their abilities, professionalism, and integrity. This is Abbott’s second win in three years.
•••••
Allison Chen has been named Manager of Great Ideas at Springfield Technical Community College (STCC). Formerly with Fidelity Investments in Smithfield, R.I., Chen brings her experience in business analysis, customer experience, satisfaction planning, and service delivery with her to STCC, where she will serve as Manager of Great Ideas, a ‘Voice of the Associate’ program implemented at the college in 2011 to better serve the campus community. The Great Ideas program has implemented more than 1,500 employee ideas with a projected cost savings to the college of more than $700,000. Chen earned her BS in 1997 from the UMass Amherst and her MBA from Boston College in 2011.
•••••
Elvira Loncto

Elvira Loncto

Elvira Loncto, a Service Line Manager of Geriatrics and Extended Care at VA Central Western Massachusetts Healthcare System, was recently honored at the 11th annual Excellence in Government Awards luncheon, hosted by the Federal Executive Assoc. of Western Massachusetts (FEAWM) at the Log Cabin Banquet & Meeting House.  The FEAWM recognizes the best and the brightest employees in federal service in the region in 15 categories. Loncto supervises staff in seven community-care programs, is the local administrator of the Community Living Center, and oversees a substantial budget, which impacts older enrolled veterans from Berkshire County to Fitchburg.
•••••
The Springfield Group of Northwestern Mutual recently appointed Cathy Hunter, Nico Santaniello, and Timothy Barnes as Financial Representatives. They will join a network of specialists offering a wide array of products including business-continuation planning, business risk management, financial planning, retirement planning, and more. Before joining Northwestern Mutual, Hunter was a Real Estate Broker at Goggins Real Estate in Northampton, and received a bachelor’s degree from West Chester University of Pennsylvania. Previous to joining Northwestern Mutual, Santaniello was a Teller at TD Bank in Longmeadow, and received a bachelor’s degree in Finance from Western New England University. Prior to his new position, Barnes was Life Enhancement Director at Loomis Communities, and received an associate’s degree from Holyoke Community College and a Community Health certificate from Springfield Technical Community College.

Company Notebook

By
Company Notebook Departments

HCC to Receive $20.3M to Renovate Campus Center
HOLYOKE — Holyoke Community College will receive more than $20 million over the next few years to renovate its Campus Center. Massachuetts Gov. Deval Patrick announced a plan earlier this month to spend $1.8 billion on capital-improvement projects throughout the state. HCC’s share will be $300,000 in the current fiscal year, FY 2014, and an additional $20 million over the next few years. “We are most appreciative of this commitment by the state,” said HCC President William Messner in a message to the HCC community, “as it will address a critical need and be a significant step in alleviating deferred maintenance issues on our campus.” The $300,000 will be used for planning, with the $20 million to be spent on renovations and improvements. The main priority for the Campus Center project is to waterproof the building, said Bill Fogarty, vice president of Administration and Finance. The Campus Center, or G building, was the last of the original campus buildings to be constructed after HCC moved to Homestead Avenue, opening in 1981. The third floor was renovated in 2009 and turned into a center for Electronic Media Arts. The building has long been plagued by leaks, and makeshift internal drainage systems constructed from aluminum, housing gutters, garden hoses, and buckets, are evident throughout the building. “There is a serious water-infiltration issue that needs to be addressed,” Fogarty said. “We have plastic bags over expensive equipment over there. It’s ridiculous.” Beyond the waterproofing, administrators are considering a number of different options for renovations, including possible expansion. One idea is to move the Campus Bookstore from the first floor to the second floor and the Student Activities Office from the Donahue Building to be closer to the Food Court, “so we can have some synergy and build more instructonal space on the first floor,” said Fogarty. Another option is to move the HCC Welcome Center, which houses Admissions and Student Account Services, from the second floor of the Frost Building to the Campus Center. Fogarty said he favors moving the Culinary Arts program from the Frost Building to the Campus Center to be closer to HCC’s food-service operation. Expanding kitchen space would allow HCC to offer an associate degree in Culinary Arts. Currently, HCC offers Culinary Arts as a one-year certificate program.

Monson Savings Bank Is SBA Lender of the Year
MONSON — Monson Savings Bank has been named the Western Mass. “7a Lender of the Year” by the Small Business Administration (SBA). Robert Nelson, SBA district director for Massachusetts, and Anne Hunt, SBA lead lending specialist, presented Steve Lowell, president of Monson Savings Bank, with the Lender of the Year Award at the bank’s Loan Center on Nov. 18. Monson Savings earned the award by closing on more of the SBA’s flagship small-business 7a loans in Western Mass. than any other bank during the SBA’s 2013 fiscal year. The bank made these loans to a wide variety of retail, professional, and consumer-service-oriented businesses in more than 10 different industries from transportation to construction; childcare to healthcare. “This is a very exciting award for us,” Lowell said, “because it goes to the heart of our brand promise to help small businesses prosper. These are the businesses that drive our local and regional economies, and it feels great to play a role in this economic activity.” Lowell accepted the award on behalf of the entire commercial-lending and loan-servicing departments at the bank, most of whom were present at the ceremony.  “It was great for the SBA officials to come to our offices to present the award because it’s so important to recognize the people who work so hard for and care so much about our business customers,” said Lowell.

Chick-fil-A to Open Restaurant in Chicopee
CHICOPEE — Chick-fil-A will open its first restaurant in Chicopee in early 2014. To be located at 501 Memorial Dr., the 4,976-square-foot restaurant is project to open in the first quarter of the year, and create roughly 80 new jobs. The restaurant will seat 135 people and offer wi-fi, a drive-thru, and an indoor play area. As it does at every grand opening, Chick-fil-A will celebrate its arrival in Chicopee by giving away a one-year supply of free Chick-fil-A meals (52 certificates) to the first 100 adults in line on opening day. Owner/operator Robert Hewes has been selected to operate the Chicopee restaurant.

MGM Springfield, Ludlow Announce Surrounding-community Agreement
LUDLOW — MGM Resorts International announced that it has finalized the first surrounding-community agreement for its MGM Springfield proposal with the town of Ludlow. Earlier this month, members of the town’s board of selectmen unanimously endorsed the agreement. Mike Mathis, MGM Resorts Vice President of Global Gaming Development, said that “the first agreement is an important one. It has energized us, and demonstrates that, with good communication and an open mind, there is a way forward for all parties involved. We thank the Ludlow town leaders for their hard work and cooperation leading up to today.” The agreement will pay Ludlow $50,000 upfront and a minimum of $100,000 annually based on a third-party impact analysis. Collaboratively, MGM and designated surrounding communities will work to select a third-party analyst. Additionally, the agreement includes a look-back period on the first- and fifth-year anniversaries so that the actual impacts can be measured and addressed. In addition to the mitigation dollars that have been agreed upon between Ludlow and MGM, the company will contribute, through state-tax payments, to certain funds set up by the Massachusetts gaming law. Surrounding communities can go through the Mass. Gaming Commission to draw upon these funds for additional unforeseen impacts. MGM has been working with officials from eight communities to better understand their questions and concerns around the MGM Springfield project. As a result of these meetings and communications, the MGM team hopes to come to similar agreements before its application is due on Dec. 31. MGM Springfield, an approximately $800 million resort, is proposed for 14.5 acres of land between Union and State streets, and between Columbus Avenue and Main Street. MGM is seeking the sole gaming license in Western Mass.

FSB Receives SBA Award for Lending Program
FLORENCE — Florence Savings Bank has received the 2013 Western Massachusetts SBA 504 Lender of the Year by Dollars Award from the U.S. Small Business Administration (SBA). The SBA 504 Loan Program is available to help startup and existing businesses with a wide range of activities, including working capital and to purchase, renovate, or construct real estate. The award was presented at a ceremony at the SBA offices in Boston in mid-November. We are very proud to have won this award,” said Joseph Traczynski, senior lending executive and senior vice president of FSB. “Our bank is committed to helping local business get access to the resources they need to grow and compete, and the SBA loan programs allow us to expand our lending to more businesses and help create jobs for our area.” Massachusetts small-business owners received 1,869 loans supporting $605 million from the SBA in fiscal year 2013 (Oct. 1, 2012 through Sept. 30, 2013), according to an announcement made by Massachusetts SBA Director Robert Nelson. More than 18,000 jobs were supported across the state, including 8,375 newly created jobs, as a result of SBA’s lending activity. “We are very fortunate to have lending partners like Florence Bank that are so committed to the communities they serve and utilize the SBA programs to service the needs of their small-business customers. Congratulations to Florence Bank on this award,” Nelson said. Previously, Florence Savings Bank received an SBA award for the most loans to women-owned businesses in Massachusetts. Florence Savings Bank was founded in 1873 and has nine offices in Hampshire County, as well as loan offices in Greenfield and West Springfield. The bank currently employs 200 people.

Incorporations

By
Departments Incorporations

The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

AMHERST

New Energy Regeneration Inc., 173 Pondview Dr., Amherst, MA 01002. Irvin Rhodes, same. Management of companies and enterprises.

CHICOPEE

Performance Mechanical Inc., 944 Sheridan St., Chicopee, MA 01022. John S. Dickson, 145 Stonehill Road, East Longmeadow, MA 01028. HVAC.

EASTHAMPTON

Easthampton Dollars For Scholars Inc., 34 1/2 Clark St., Easthampton, MA 01027. Stephen J. Zavisza, same. Charitable and educational purposes.

EAST LONGMEADOW

Landmark Management Group Inc., 444A North Main St., Suite 234, East Longmeadow, MA 01028. Matthew J. Kearney, same. Management and consulting.

FEEDING HILLS

Heather-Jill Williams Family Law, PC., 850 Springfield St., Suite 3, Feeding Hills, MA 01030. Healther-Jill K. Williams, same. Law office.

HADLEY

Valley Construction Company Inc., 39 Shattuck Road, Hadley, MA 01035. Peter A. Gelinas, same. Invest, hold, develop, renovate, and sell real estate

NORTHAMPTON

Drozdal Funeral Home Inc., 120 Damon Road, Northampton, MA 01060. Lindsey A. Akers, 27 Ladd Avenue, Florence, MA 01062. Funeral home.

Lyme Disease Resource Center Inc., 37 Butler Place #1F, Northampton, MA 01060. Maria T. Malaguti, same. Non-profit providing education and information to individuals with Lyme Disease

PITTSFIELD

Barnaby Plumbing & Heating Inc., Wabasso Street, Pittsfield, MA 01201. Timothy P. Barnaby, same. Plumbing and heating service.

SPRINGFIELD

Betty Laws Fights Back Inc., 120 Fenwick St., Springfield, MA 01109. Aleana M. Laster, same. To write, publish, and distribute educational materials to benefit young people.

JR Cummings Corp., 56 Margerie St., Springfield, MA 01109. James Richard Cummings Jr., same. Corporate holding company.

Miramar Quick Service Restaurant Corp., 603 Sumner Ave., Springfield, MA 01108. Khalid Drihmi, 22 Sorrento St., Springfield, MA 01108. Quick service food and restaurant business.

Springfield Auto Recyclers Inc., 148 Temby St., Springfield, MA 01119. Allan M. Bartlett, same. Motor vehicle recycling and sales.

Veterans In Packaging Inc., 48 Zypher Lane, Springfield, MA 01128. Ed
Peplinski, same. To construct, acquire, sell, and convey packaging and packaging supplies.

WEST SPRINGFIELD

The Friends of the Springfield Vet Center Inc., Springfield Vet Center 95 Ashley Street, West Springfield, MA 01089. Diane Marie Snow, 13 Country Club Dr., Westfield, MA 01085. Promote interest for veterans associated with Springfield Vet Center

WESTFIELD

Safety Restore Inc., 45 Meadow St., Westfield, MA 01085. Artem Martynyuk, 111 Pineview Dr., Springfield, MA 01119. Auto parts repair.

Incorporations

By
Departments Incorporations

The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

AMH2ERST

From A Birdie Inc., 87 East Pleasant St., Apt. B, Amherst, MA 01002. Agustin Schapira, same. Development, marketing and sale of consumer goods.

CHICOPEE

Confraternidad De Iglesias Del Salvador: Nueva Jerusalen, 237 Hampden St., Chicopee, MA 01013. Saul Ramos, 4711 West 125th St., Cleveland, OH 44135. A fraternity of churches.

EAST LONGMEADOW

Jelescheff Law, P.C., 337 Somers Road, East Longmeadow, MA 01028. Scott Jelescheff, same. Law office.

FEEDING HILLS

Bluestone Insurance Inc., 1325 Springfield, St. Unit 15(6), Feeding Hills, MA 01030. Brett Ralph, 233 North Stone St., West Suffield, CT 06093. Insurance agency.

HOLYOKE

Bialas Custom Interiors Inc., 68 Winter St., Holyoke, MA 01040. Adam Bialas, same. Interior construction and finish work.

NORTHAMPTON

Mayflower Naturals Corp., 10 Highland Ave., Northampton, MA 01060. Joshua Bell, same. Antiquarian, historical, literary, scientific, medical, chiropractic, artistic, monumental or musical purpose.

Mayflower Organix Corp., 10 Highland Ave., Northampton, MA 01060. Jana Edelbaum, 17 East 80th St., New York, 10075. Antiquarian, historical, literary, scientific, medical, chiropractic, artistic, monumental, or musical purpose.

PITTSFIELD

MPS Media Inc., 75 Sherwood Dr., Pittsfield, MA 01201. Andrew Schneider, same. Television production, management, and consulting.

Pittsfield Engineering Corporation, 777 West St., Pittsfield, MA 01201. Christine McCrery, same. Industrial services.

Star Tag Inc., 26 Dunham Mall, Pittsfield, MA 01201. Bi Wang, same. Transportation.

SOUTH HADLEY

Construction Labor Unlimited Inc., 17 Forest Dr., South Hadley, MA 01075. Jesus Rodriguez, 273 Roger St., South Hadley, MA 01075. Commercial construction contractor.

SOUTHAMPTON

Pizza 99 Co. Inc., 15J College Highway, Southampton, MA 01073. John Diamandakis, same. Bar and restaurant.

SPRINGFIELD

The Law Offices of David J. Lemasa P.C., 83 State St., Springfield, MA 01103. David Lemasa, 1409 Sunfield Dr., South Windsor, CT 06074. Law.

TSMD Consulting Inc., 73 State St., Suite 310, Springfield, MA 01103. Thomas Spencer, 22 Myrtle Ave., Holyoke, MA 01040. Consulting for horticulture industry.

Way Community Baptist Church, 18 East Alvord St., Springfield, MA 01108. Rev. Viola McCoy Pastor, same. To preserve the Baptist faith, through worship service, Christian education, choir, and community outreach ministry.

World Concrete Contractors Inc., 1655 Main St., Springfield, MA 01103. Santos Rodriguez Gonzalez, same. Concrete solution and construction.

Xtrem Radio Victoria Inc., 26 Haskin St., Springfield, MA 01109. Wilfred Hernandez, same. Civic social education of religion.

WEST SPRINGFIELD

Pioneer Flooring Solutions, 116 Grandview Ave., West Springfield, MA 01089. John Spano, same. Construction and flooring contractor.

Wise Truck Inc., 202 Day St., West Springfield, MA 01089. Sergey Mudry. 900 Morgan Road, West Springfield, MA 01089. Truck service.

WILBRAHAM

Paramount Construction ABC Inc., 35 Springfield St., Wilbraham, MA 01095. John Pappanikou, same. Construction and contractor.

People on the Move

By
Jonathan Goldsmith, Esq
Departments People on the Move

Freedom Credit Union, which has nine branches throughout the Pioneer Valley, recently announced the following:

Patricia Carbee

Patricia Carbee

• Patricia Carbee, Freedom’s Assistant Vice President of Internal Auditing, has been promoted to Vice President and Director of Enterprise Risk Management. Carbee, with more than 33 years of experience in the finance industry, including expertise in regulatory auditing, compliance auditing, lending, and management, will manage risk management, guide the development of a risk-based culture throughout all product lines, and oversee the Compliance Department, loan-litigation matters, and business continuity. Most recently, she was an Auditor with New England Credit Union Services, LLC, a division of the Massachusetts Credit Union League. Carbee earned her bachelor’s degree in Business Administration from Nichols College. She is also member of the Assoc. of Credit Union Internal Auditors and the Mass. Bankers Internal Auditors Assoc.;
Jeffrey Smith

Jeffrey Smith

• Jeffrey Smith joined Freedom as Chief Lending Officer and will manage commercial, mortgage, and consumer lending activities. Smith has 30 years of lending experience in the financial-services industry and has held several senior management positions throughout his career, including his most recent position as Vice President at Florence Savings Bank. Smith earned his bachelor’s degree from the University of Maine at Orono and his MBA in Finance from Western New England University. He is currently President of the Northampton Rotary Club and a member of the Realtor Assoc. of Pioneer Valley. Smith has also been an instructor for the Center for Financial Training since 1994, teaching courses on subjects such as real-estate finance, marketing, accounting, and analyzing financial statements; and
Nora Braska

Nora Braska

• Nora Braska was named Freedom’s Training and Development Officer. She is responsible for managing employee training of Freedom’s staff and overseeing their professional development. Braska has more than 20 years of experience in the financial-services industry, including her most recent position as Assistant Vice President and Training Officer at Hampden Bank. She is a board member of the Center for Financial Training – Springfield Regional Council, and is a member of the Professional Women’s Chamber of Western Mass.
•••••



Jonathan Goldsmith, Esq

Jonathan Goldsmith, Esq

Jonathan Goldsmith, Esq., a partner in the Springfield-based law firm Goldsmith, Katz & Argenio, P.C., was selected as the first recipient of the Massachusetts Bankruptcy Court Pro Bono Award for Western Mass. Goldsmith received the recognition from the U.S. Bankruptcy Court for the District of Massachusetts. Goldsmith was presented the award by at a special reception held at the John Joseph Moakley Courthouse in Boston on Oct. 23. The program honors those in the legal professions who have improved the availability of and delivered volunteer legal services in Massachusetts, and recognizes those who have served their local communities as well as assisted in the administration of justice in the U.S. Bankruptcy Court. For more than 25 years, Goldsmith, a specialist in bankruptcy and commercial law, has represented debtors, secured and unsecured creditors, trustees, financial institutions, and creditors’ committees. Goldsmith received his bachelor’s degree from Boston College and his juris doctor degree from Western New England University School of Law.
•••••
Jewish Geriatric Services (JGS), a healthcare system serving seniors and their families for more than 100 years, recently announced the following:
• Alta Stark has been named Director of Marketing & Public Relations and is responsible for ongoing marketing, public relations, and corporate communications for JGS and its affiliates. Stark comes to JGS from Baystate Health, where she spent more than six years as a senior communications specialist. Stark holds a master’s degree in Television, Radio & Film from the S.I. Newhouse School of Public Communications at Syracuse University and graduated from SU’s College of Visual and Performing Arts with a bachelor’s degree in Advertising Design.
• Darlene Francis has been named Executive Vice President of Wernick Adult Day Health Care Center, located on the Harry and Jeanette Weinberg Campus of JGS. Francis is responsible for directing, supervising, and coordinating daily activities for participants at Wernick. Most recently, Francis was the practice manager of the JGS Family Medical Practice, which closed in June 2013. Francis received an associate’s degree in Medical Assisting from Springfield Technical Community College, and is certified by the AAMA. She also holds a bachelor of science degree in Business Administration from American International College, where she earned the Martha Wilson Memorial Award.
•••••
Jonathan Goldsmith, Esq

Jonathan Goldsmith, Esq

Amy B. Royal, Esq., Founding Partner of Royal LLP, the woman-owned, boutique, management-side labor and employment law firm, has been elected to serve as the Vice Chairperson of the Board of Directors for the Center for Human Development Inc.
•••••
TD Bank has promoted Lauren Winters to Store Manager of the 412 Boston Road store location. Winters is responsible for new-business development, consumer and business lending, managing personnel, and overseeing day-to-day operations. Winters has six years in banking centered on the customer experience, operations, and training. She joined TD Bank in 2011 and most recently served as an Assistant Store Manager in Chicopee.

Court Dockets

By
Court Dockets Departments

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

CHICOPEE DISTRICT COURT
Harold Sanabria v. Ainsky D. Smith and B & R Leasing Inc.
Allegation: Plaintiff was a bicyclist negligently struck by the defendant’s taxi: $10,198.26
Filed: 10/25/13

GREENFIELD DISTRICT COURT
Stanley S. Boron v. Aubuchon Hardware and Lorenz Family, L.P.
Allegation: Negligent maintenance of premises causing fall: $2,000+
Filed: 10/1/13

Lou Giramma v. Peter Sheperd d/b/a Sheperd Masonry and Roofing
Allegation: Breach of contract to perform work at the plaintiff’s home: $22,180
Filed: 10/21/13

HAMPDEN SUPERIOR COURT
Kent W. Pecoy v. Glen R. Hanson and Colony Hills Capital, LLC
Allegation: Claims for breach of contract, breach of covenant of good faith, and fair dealing: $500,000
Filed: 10/22/13

Nestor M. Sostre, as personal representative of the estate of Nestor E. Sostre v. 272 Worthington Street Inc. d/b/a Glo Ultra Lounge
Allegation: Wrongful death caused by negligent service of alcohol: $8,000
Filed: 11/7/13

QVC Inc. v. Renaissance Specialty Products Inc.
Allegation: Suit on previous judgment for breach of contract: $36,904.84
Filed: 10/16/13

Robert and Annie Jennings v. Wal-Mart Inc.
Allegation: Plaintiff, Robert Jennings, was given the wrong heart medication by Wal-Mart Pharmacy causing hospitalization: $125,000
Filed: 11/15/13

HAMPSHIRE SUPERIOR COURT
Gail Hescock v. Franklin Eye Care Associates, LLC and Pierre Alfred, M.D.
Allegation: Employment discrimination: $198,000
Filed: 9/1/13

Shirley L. Waterhouse v. Amsoni Inc. and Bucklin Neighbors
Allegation: Negligent maintenance of property: $17,643.42
Filed: 11/7/13

Sheila Lagrenade v. Lincoln National Corp. d/b/a Lincoln Financial Group
Allegation: Unfair and deceptive trade practices and non-payment of disability benefits: $30,000+
Filed: 11/13/13

HOLYOKE DISTRICT COURT
Kelsie Pinto v. Bruce Transportation Inc.
Allegation: Negligent operation of a bus causing injury: $3,515
Filed: 9/23/13
SPRINGFIELD DISTRICT COURT
Miguel A. Rodriguez v. Transportation Options Inc. and Sig Marie Colon
Allegations: Negligent operation of a motor vehicle: $24,999.99
Filed: 10/9/13

Nicholas A. Sacoio v. BSC Realty Inc. and Mardi Gras Entertainment Inc.
Allegation: Negligent failure to properly train, educate, and supervise employees causing injury to patron: $4,543.10
Filed: 10/17/13

WESTFIELD DISTRICT COURT
United Service Co., LLC v. Redevco, LLC
Allegation: Default on decontamination and asbestos-removal contract: $20,170
Filed: 10/29/13

PictureThis

By
Departments Picture This

Send photos with a caption and contact information to:  ‘Picture This’ c/o BusinessWest Magazine, 1441 Main Street, Springfield, MA 01103 or to [email protected]

Gala of Lights
GroupToskyTablesCadetsThe Spirit of Springfield held its 18th annual City of Bright Nights Ball Nov. 16 in the Grand Ballroom of the Springfield Sheraton in downtown Springfield. The black-tie event, with the theme ‘Under th Sea,’ raised money to support the award-winning Bright Nights in Forest Park, taking place through Jan. 5, and the many events presented by the nonprofit organization.
 From top, left to right: from left, Springfield Mayor Domenic Sarno and wife Carla, Patti and Daniel Moen, president and CEO of Sisters of Providence Health System, Patrick Leary, shareholder and vice president of Moriarty and Primack, P.C., Kelley Tucky, Bright Nights Ball chair and vice president of Community and Public Affairs for MGM Springfield, and Richard Ross; Noreen and Mark Tolosky, president and CEO of Baystate Health; the Grand Ballroom is ready for guests; from left, Maj. Matthew Mutti, Col. Kenneth Lute, Col. James Keefe, and Brigadier Gen. Paul Smith salute the military after the singing of the National Anthem. (PHOTOS BY PAUL SCHNAITTACHER)

Lunch Money
DuvalIMG_9476The Affiliated Chambers of Commerce of Greater Springfield (ACCGS) recently hosted a Lunch with Gov. Deval Patrick, left, at the sold-out Springfield Marriott Grand Ballroom, right. The special event was an occasion for the governor to announce a $200 million investment in Phase 1 of the I-91 Springfield Viaduct project and $1.2 million to create a permanent home for Camp STAR Angelina at Forest Park. The investments are expected to be a catalyst for additional economic and community-development opportunities in the region.(PHOTOS BY DRISCOLL PHOTOGRAPHY)

Legislative Voices
SarnoCohenBreyerSullivanGovReceptionReplaceOn Nov. 21, the Affiliated Chambers of Commerce of Greater Springfield (ACCGS) held its annual Government Reception at the Carriage House, Storrowton Tavern in West Springfield. The event provides a forum each year for attendees to meet with area legislators to make their voices heard. Left to right from top: Springfield Mayor Domenic Sarno, left, and Agawam Mayor Richard Cohen speak with an attendee; Carl Breyer Jr., left, managing partner of Park Place Realty, and Ed Sullivan, mayor-elect of West Springfield; Chris Thompson, left, vice president of Business Development for the Springfield Falcons, converses with state Rep. James Welch.(PHOTOS BY DRISCOLL PHOTOGRAPHY)

They Honor Us Whom We Honor
AM7J3389AM7J3591The Advertising Club of Western Massachusetts recently celebrated the latest class of the Order of William Pynchon, the 98th annual awards event which honors distinguished civic service in the name of Springfield’s founder. Pictured, left, at the banquet held at Chez Josef, are 2013 Pynchon medalists, from left, Joan Kagan, president and CEO of Square One; Jean Caldwell, writer for the Boston Globe and American Baby magazine; Jean Gailun, advocate for reading education and the children of Springfield’s Kensington Avenue Magnet School; and Sirdeaner Walker, mother of 11-year-old bullying and suicide victim Carl Walker Hoover and now an advocate for bullying awareness, who was instrumental in the drafting and passage into law of the state’s 2011 anti-bullying bill. Right: from left, Susan Kline, chair of the Jewish Geriatric Services (JGS) board of directors; Sally Fuller from Cherish Every Child; Alta Stark, Pynchon trustee and event chair and director of marketing and public relations for JGS; Richard Halpern, JGS board member; Martin Baicker, president and CEO of JGS; and Susan Halpern, vice president of philanthropy for JGS. (PHOTOS BY ED COHEN)

Spa Night
chairmassagemayorleanne1SkinCatering, a massage and skin-care spa for men and women, recently celebrated its grand opening on the second floor of Tower Square in downtown Springfield. The spa, whose team is Skin-Safe Certified by the Melanoma Foundation of New England, offers body and facial services as well as yoga and numerous specials. An open house welcomed the public to indulge in a few of the most popular services, including chair massages, at left, with massage therapists Ariel Gignac, left, and Amy Pearson. Right, Springfield Mayor Domenic Sarno, center, congratulates Leanne Sedlak, owner and massage therapist, to his right, at the ribbon cutting. Holding the ribbon, from left, are Sedlak’s husband Scott, roofing specialist for Adam Quenneville Roofing and Siding; Don Courtemanche, executive director of the Springfield Business Improvement District; Sarno; Sedlak; and Kim Brunton Auger, lead esthetician.

Golden Years

By
Sections The Business of Aging
Businesses Eye Potential in a Growing Over-65 Population

Don Anderson

Don Anderson says older people enjoy cruises, but not necessarily the same ones younger travelers do.

More than a half-century later, the Baby Boom has become the retirement boom — and the numbers are striking.
At the turn of the century, just over a decade ago, the U.S. was home to 35 million people age 65 or older. Since then, the number has risen to almost 42 million — a nearly 20% increase — and the 65+ crowd in America is expected to soar to 79.7 million by 2040, according to the U.S. Census Bureau.
“All our health and science advances mean people are living longer,” Jason Harris said. “Many are healthy and don’t foresee any kind of health traumas, or maybe they’ve already had that hip-replacement surgery, and they look at that as a wake-up call — ‘we’re getting there, but we’re healthy … what if we live another 15 or 20 years? What will our quality of life be?’”
As founder and lead carpenter at Baystate Accessibility Remodelers, Harris takes that question seriously. His firm specializes in creating safe and accessible residential spaces for seniors and people recovering form injury or living with a disability.
The modifications run the gamut from bathroom fixes such as grab bars, modified toilet heights, and walk-in showers to widening doorways and building ramps and chair lifts for people using wheelchairs, all the way up to completely remodeling kitchens for wheelchair accessibility or building additions for in-law apartments so an older person can move back in with their children.
“Our job really runs the gamut from minor modifications to full-blown remodeling,” Harris said. “The Baby Boomer generation is a working generation, and a lot of them have assets, and a lot of them have over time invested in retirement and other things, including their homes. When they start getting into that age category, people might consider aging in place, rather than moving into institutional care. They own their home, and they want to put one more investment into their home and stay there because all the things important to them are around them.”
Harris’ company is just one example of a business that stands to benefit from the rapidly aging population. According to the monthly marketing report Selling to Seniors, people 50 and over control 77% of all financial assets in the U.S., own almost 50% of all credit cards, and account for more than 50% of discretionary spending power.
With that in mind, here are just a few of the kinds of businesses that stand to benefit from the proliferation of America’s golden-age population.

Living Well
Harris and his wife, Cindy (Baystate’s president), don’t cater only to the elderly with their home modifications; many times, their services help patients readjust to home life after an injury or disability.
“Many times we’re following the path of the occupational therapist or physical therapist who comes into the home when someone’s been in a rehab situation. They check the person’s medical history and come up with a roadmap and say, ‘these are the things they need,’ and when we get in there and do the home evaluation, we can talk to them and make sure we get the medical side of it, make sure we understand their issues,” Harris said.
But in many cases, customers are relatively healthy, yet recognize a coming need to upgrade their home to keep them safe living in it.
“They’re really looking at the value of what they could potentially invest into their home,” he told BusinessWest. “They’ve already made a commitment, and now they’re just saying, ‘this is just the next level of investing in the house.’”
Millions of seniors and their families struggle with the decision of whether to stay in their home or move to a residential-care setting, he noted.
“There’s a lot of expense that goes into moving into any kind of institution — whether they like that environment or not, there’s a lot of costs,” Harris said. “They need to decide whether the financial investment is something that’s possible, and also, do they want to move away from everything they’re comfortable with, or make some modification to their home? That’s what we have to consider to when we talk to potential clients; we understand that a lot of emotion goes into making that decision to stay home or move into an institution.”
For seniors who are healthy and ambulatory, the Boomers are known as a generation that wants to remain active, and they’re increasingly seeking out fitness and wellness options to help them stay in shape.
Take yoga, for instance. Karoun Charkoudian opened a yoga studio in Springfield in 2009 and will soon celebrate the one-year anniversary of her business, Karoun Yoga, in its new West Springfield location. From day one, she said, seniors have made up a solid percentage of her business.
“We’ve had a lot of retired folks in here, and definitely more and more seniors, especially for our gentle classes,” she told BusinessWest. “That’s definitely been the case.”
She said older people tend to enjoy yoga because it brings fitness benefits without a high impact on their joints. “It really helps alleviate a lot of arthritic pain and joint pain, that kind of thing. In my opinion, it’s a safer way to get stronger — and they definitely get stronger, and they work on their balance. It’s a better way for the senior population to do that.”
As general awareness of yoga continues to increase, Charkoudian said, studios like hers will continue to benefit from a growing older population.
“With our beginner class or gentler class, at that level it absolutely works,” she added. “It’s effective for all the benefits they’re looking for.”

All Aboard
The retirement years are often synonymous with travel, and today’s seniors have some specific ideas of where they want to visit. To hear Don Anderson, owner of the Cruise Store in East Longmeadow, tell it, they’re not flocking to Caribbean beaches.
“Certain types of trips lend themselves more to seniors,” he said. “For instance, on Alaskan cruises, typically much of the clientele — but certainly not all — are seniors. There’s more awareness of Alaska; it’s on people’s lists — ‘one day I want to see the glaciers, see Alaska, travel inland.’”
Another hot choice among senior clients are river cruises. “Older people don’t necessarily want the flashy, 2,000-ton cruise ships, but maybe something that handles 100 or 200 people, tops. They might want to spend overnights visiting the beaches of Normandy, overnights in Paris, Budapest, Prague,” Anderson said.
“Other big items on the bucket lists are national parks — and we were impacted by the government shutdown,” he continued. “Older people also want to travel overseas to Europe or Ireland, but don’t want to drive on the opposite side of the road and contend with that sort of stuff, so they like escorted trips.”
When seniors travel, they often do so alone or in pairs, but a growing trend involves larger groups and cross-generational travel — where older customers arrange to cruise with their children and, sometimes, their grandkids.
“They have disposable income, but their kids go where the jobs are, so the kids live in different parts of the country. So, as a coming-home type of event, they pick a cruise ship, which caters to different generations. They can spend quality time with their kids and kids’ spouses or significant others, and the ships have kids’ programs. Some seniors with disposable income put their money toward getting everyone together on board, doing things together, eating as a family together. We’re seeing an increase in that, with multi-generational trips initiated by the parent or grandparent.”
In any case, with family or not, “seniors are saying, ‘now is our time; now is the time to do it,’ and they like the idea of a company like ours, where we set it up but don’t charge service fees; they love that.”
But, like other types of businesses that cater to different generations, Anderson said, “you can’t sell the wrong product to the wrong people; certain trips lend themselves to certain clientele.”
As tens of millions of Baby Boomers sail into retirement, that bit of wisdom will continue to ring true.

Joseph Bednar can be reached at [email protected]

Stuck in Neutral?

By
Employment Sections
Neutrality Agreements Under the Gun at Supreme Court

By TIMOTHY MURPHY, Esq. and DAVID McBRIDE, Esq.
Unions have increasingly turned to ‘corporate campaigns’ to pressure larger employers not to resist efforts to unionize their workers.  Corporate campaigns are concerted and sophisticated efforts to publicly embarrass for-profit and nonprofit employers among their stakeholders and within their communities so that they acquiesce to union demands.
What is happening now at Wal-Mart is a corporate campaign. These efforts have become more prevalent as unions’ traditional grassroots organizing efforts, especially at larger employers, have become less successful. For unions, the holy grail of the corporate campaign quest is the ‘neutrality agreement,’ in which the employer promises not to oppose unionization. The future of neutrality agreements lies in the balance as the Supreme Court is set to decide their legality.

Background
Neutrality agreements are promises between employers and unions about what employers will — or will not — do in response to a union-organizing campaign.  While the terms of neutrality agreements vary, they generally consist of employer promises not to oppose unionization. Sometimes, such agreements also contain waivers of employee rights, like secret-ballot elections.
The effect of neutrality agreements is that employers stand on the sidelines while the union campaigns, usually without organized opposition, for employee support for unionization. Neutrality agreements are powerful tools that increase the likelihood of a successful union campaign.
However, federal labor law contains an anti-bribery statute (Section 302) which makes it criminal for an employer “to pay, lend, or deliver … any money or other thing of value” to a labor union that seeks to represent its employees, and prohibits unions from accepting the same. The purpose of Section 302 is to keep employers from tampering with the loyalty of union officials and to deter union officials from extorting employers.
A lawsuit was filed in Florida challenging the legality of neutrality agreements under Section 302. Martin Mulhall, who was opposed to unionization, sued his employer and a local labor union, claiming that the neutrality agreement they signed violated Section 302 because the employer’s neutrality and other cooperation constituted a ‘thing of value.’
The case wound its way to the U.S. Supreme Court, where oral arguments were recently heard. The Supreme Court is very selective about the cases it decides, but it probably decided to review this case because several federal courts of appeals had disagreed on whether a neutrality agreement was a ‘thing of value’ under Section 302. The Supreme Court will now settle those disagreements.

The Mulhall Case
Mulhall worked for a casino company, which entered into an agreement with a union, UNITE HERE Local 355, to:
• Provide Local 355 with employee contact information;
• Allow the union on company property so it could organize employees; and
• Remain neutral during the union’s organizing effort and conduct a card check instead of a secret-ballot election to determine whether there was majority employee support for the union.
In exchange, Local 355 promised that it would not strike, picket, or pressure the company, and would give more than $100,000 to help pass a slot-machine ballot initiative benefiting the company.
The Eleventh Circuit Court of Appeals, which handles federal appeals from Florida and surrounding states, ruled that Mulhall’s claim could go forward. It held that “organizing assistance can be a thing of value that, if demanded or given as payment, could constitute a violation of Section 302.” Local 355 appealed to the Supreme Court.

What Will Be Decided
The case is now teed up for the Supreme Court to decide whether neutrality agreements are legal. The question to be decided is “whether an employer and union may violate Section 302 by entering into an agreement under which the employer exercises its freedom of speech by promising to remain neutral to union organizing, its property rights by granting union representatives limited access to the employer’s property and employees, and its freedom of contract by obtaining the union’s promise to forego its rights to picket, boycott, or otherwise put pressure on the employer’s business.”
The Supreme Court oral arguments focused on whether the types of promises employers make in neutrality agreements are ‘things of value’ and whether Section 302 should apply to these types of agreements at all.
Based on the justices’ questions to the lawyers, the court was troubled by the union’s promise of $100,000 to pass the slot-machine ballot initiative to help the company in exchange for its neutrality. Mulhall’s lawyer argued that Section 302 bans any employer cooperation during union organizing campaigns not required by law. Local 355’s lawyer countered by arguing that neutrality agreements have been around for many years and promote labor peace, a goal of national labor policy. It is always hard to predict the outcome just from the justices’ questions, but a unanimous decision either way seems unlikely.

Biggest Labor Case at the Supreme Court in a Generation?
Neutrality agreements have become commonplace in union-organizing campaigns as the number of secret-ballot union elections have steadily declined, so the Supreme Court’s decision on their legality will have a dramatic impact on the future of union organizing.
If the Supreme Court decides that neutrality agreements are not a form of illegal bribery, it will boost union organizing by stamping the court’s approval on them.  On the other hand, if the Supreme Court decides that neutrality agreements are illegal, unions will have to rely on the grassroots organizing campaigns of years past to recruit new members. Unions’ ability to engage in ‘top-down’ organizing through corporate campaigns then will suffer a serious — and maybe fatal — blow, and employers will be far less likely to cooperate during unionization efforts.
A decision is expected before July 2014. No matter which way the case comes out, it will impact employers and unions for years to come.

Timothy Murphy, Esq. and David McBride, Esq. are attorneys with Skoler, Abbott & Presser P.C., Springfield; (413) 737-4753.

Hour Problem

By
Employment Sections
Why An Addiction to Work Is Hurting Our Careers

By Dr. TASHA EURICH
Kmart’s recent decision to open its doors at 6 a.m. on Thanksgiving Day sent shockwaves throughout the nation. Though bargain seekers were thrilled, many are questioning the retail chain’s decision. In recent years, such ‘Thanksgiving creep’ has inspired multiple protests from employees, with one petition calling it “inhumane and inconsiderate.”
Unfortunately, this problem doesn’t exist only in retail establishments around the holidays. Across all job types and industries, Americans are working more than ever.
According to a recent Workforce Management study, since the Great Recession, 55% of employees have seen their workload increase, and 27% say it’s doubled. The constant pressure to do more with less, coupled with the belief that being busy means we’re important, is creating an unsustainable pattern.
For many workers, taking time away from their jobs feels like an untenable luxury. Most European countries provide workers at least four weeks of vacation each year — Germany and Sweden are particularly generous with seven weeks. But a Center for Economic Policy and Research study reveals that 25% of U.S. employees don’t take any vacation at all — either because they don’t use their accrued time or their employer doesn’t provide it.
Why would anyone choose not to take the time away that they’ve rightfully earned? For many, fear is a factor — fear of missing out on promotions, topping the layoff list, being judged by bosses or co-workers, or the work that will inevitably pile up.
Certainly, anyone can work 50, 60, or 80 hours per week — and take little time off — if they choose. But as it turns out, there are some profound consequences. Here are just some of them:

1. Working too much makes us stupider.
Research has shown that long hours affect our brains. An American Journal of Epidemiology study followed British civil servants over five years to understand the relationship between long hours and brain functioning. Compared to those who worked 40 hours per week, participants who worked more than 55 hours showed poorer vocabulary and reasoning skills. In plain English, working too much actually makes us stupider.

2. Working too much makes us depressed.
Research has shown that long hours are also a significant risk factor for depression. A study published in PLoS ONE examined more than 2,000 workers in the United Kingdom over six years. They found that employees who worked more than 11 hours per day had more than twice the risk of depression than those who worked seven to eight hours per day. The relationship remained even when researchers statistically removed the influence of socio-economic factors, chronic physical disease, smoking, and alcohol use.

3. Working too much hurts our career advancement.
When people think about how to get ahead in their career, most have a ‘more is better’ approach. Just look at the hours worked at many law firms, tech companies, and Wall Street. However, more hours does not always equal better performance, and human beings have an upper limit for productivity on any given day. Somewhat counterintuitively, a 2006 Ernst & Young study found a positive relationship between vacations (i.e., fewer work hours overall) and performance; for each additional 10 hours away from the office employees took, their performance reviews were 8% higher the following year.

4. Working too much can actually kill us.
In August of this year, a 21-year-old Bank of America intern was found dead in his London dorm room. During the course of Moritz Erhardt’s demanding seven-week internship, he had pulled eight all-nighters in two weeks. Although Erhardt’s case is as rare as it is tragic, it drives home the general point that working too much is simply not healthy. Luckily, when we take time away, these effects are mitigated. For example, the Framingham Heart study (a massive longitudinal research program started in 1948) reported that when workers take annual vacations, their risk for a heart attack is reduced by 30% in men and 50% in women.

How to Take Time Off Without Paying for It When You Return
Hopefully, cashing in some of that vacation time feels more important than it did a just few minutes ago. But if the idea of taking time off still feels difficult or stressful, here are a couple of tips.
First, it’s okay to start small. Short vacations have positive effects similar to long ones. One study from Radboud University Nijmegen in the Netherlands found that even vacations of just a few days increased health and well-being. And because benefits from most vacations fade after five days, frequent, shorter vacations may actually be better. So instead of blocking off two weeks and paying for it when you return, try a long weekend every month or two instead.
Second, it’s OK to check e-mail a few times while you’re away. The above study also revealed that people who worked during vacations still showed increases in health and well-being, albeit smaller ones. For many workers, being able to check in at work eases anxiety. So, within the bounds of reason, go for it! Just don’t let things get out of hand, lest your spouse or partner lock your iPhone in the hotel safe.
Whether you’re being forced to work this Thanksgiving or not, the holidays are a great time to re-prioritize. It’s important to remember that family and friends are life’s true gifts. After all, on their deathbeds, few people are likely to say “I wish I had spent more time at work.”
So, for goodness sake — take some time off!

Dr. Tasha Eurich is the author of the new book Bankable Leadership: Happy People, Bottom Line Results, and the Power to Deliver Both. She also helps organizations succeed by improving the effectiveness of their leaders and teams; www.bankableleadership.com.

Western Mass. Business Expo 2013

By
Features
A photographic look back at the Expo

IMG_2038The third annual Western Mass. Business Expo, produced by BusinessWest and again presented by Comcast Business, was staged Nov. 6 in downtown Springfield. More than 2,200 attendees passed through the doors at the MassMutual Center, and they had an opportunity to visit more than 120 exhibitor booths, take in a dozen educational seminars, and watch several special presentations on the Show Floor Theater. The day’s programming started with the ACCGS November breakfast, featuring Jim Koch, founder of the Boston Beer Co. and the Samuel Adams Brewing the American Dream Program. Other highlights included the Professional Women’s Chamber November Luncheon featuring Kathrine Switzer, the first women to run in the Boston Marathon, as well as a Pitch Contest and Demo Day presented by Valley Venture Mentors, the day-capping Expo Social, and the announcement of the winner of the Greater Springfield Extreme Website Makeover contest.

AM7J1177AM7J1218AM7J1258Far left, Kate Campiti, associate publisher of BusinessWest, looks on as Springfield Mayor Domenic Sarno welcomes the crowd and kicks off the Expo. Left, members of the Young Professional Society of Greater Springfield represented the nonprofit networking organization at the show. From left are Kristin Foley, senior employment coordinator at Human Resources Unlimited; Stephanie Killian, event coordinator/marketing assistant at Inspired Marketing; Ashley Clark, commercial services officer at Westfield Bank; Jill Monson, owner of Inspired Marketing; Claudine Gaj, owner of Magic Spoon Catering; and Jeremy Casey, assistant vice president/commercial services officer at Westfield Bank. Below left, Wendy Bryne, left, strategic sourcing manager at MGM Resorts International, speaks with Sophia Sarno, office manager and sales at WhiteStone Marketing Group, at the MGM booth.

AM7J1752AM7J1226AM7J1400More than 120 businesses and nonprofits exhibited at the Expo. Among those seeking the attention of attendees were (clockwise from far left): QualPrint in Pittsfield, represented by, from left, Karen Vosburgh, head estimator, Michael Lennon, account executive, and Audrey Procopio, director of Marketing and Human Resources; Comcast Business, represented by, from left, Adam Dubilo, sales leader, Tina Peel, business account executive, Tim O’Brien, client solutions engineer, Charlie Tzoumas, regional vice president, Stephanie Bedard, marketing communications and operations specialist; Jessie Horne, commercial technician, Tim Paige, business account executive, and Jody Hart, business account executive; and Bay Path College, represented by Sheryl Kosakowski, director of Graduate Admissions (left), and Heather Bushey, associate director of Graduate Admissions.

AM7J1419AM7J1362AM7J1350AM7J1320AM7J1358AM7J1448Left to Right from top left: Eric Harlow, broker relations manager with Health New England, speaks with Kyle Seesman, community relations at ProEx Physical Therapy, at the HNE booth; Jill Tower, associate at Johnson & Hill Staffing (left), and June Liberty, director of Operations for the company, meet Albert Rivers, employment specialist with the Department of Elder Affairs in Springfield; attorneys David McBride and Amelia Holstrom await visitors to the Skoler, Abbott & Presser, P.C. booth; Representing the Isenberg School of Management at UMass Amherst were, from left, Kyle Bate, academic advisor, Judith Miller, director of Undergraduate Online Programs, Jennifer Meunier, director of Business Development and Promotional Strategies for Professional Programs, and Trista Hevey, business development analyst; John Veit, marketing and recruiting coordinator with Meyers Brothers Kalicka, and Teresa Perkins, senior associate for the firm, talk with Susan Smith, director of Business Development for We Care Computers; Brendan Fontanello, promotions manager, and Christine Moauro, marketing and web advertising specialist, staff the abc40/FOX 6 Springfield booth.

AM7J1741SwitzerAM7J1267AM7J1210IMG_2117-7x5AM7J1522AM7J1291AM7J1135AM7J1238The Expo featured entertainment, informative seminars, special presentations, and other highlights that gave attendees plenty to see, learn, and do. Left to right from top left: Kirk Smith, CEO of the Greater Springfield YMCA, presents a seminar titled “The New Business of a Nonprofit”; Luncheon speaker Kathrine Switzer relates the story of how she was the first woman to run in the Boston Marathon; Hector Bauza, president of Bauza & Associates, presents a seminar titled “Effectively Reaching the Hispanic Community”; from left, panelists Audrey Morse Gasteier, deputy director of Policy and Research and director of Employer Policy at the Health Connector; Elin Gaynor, Esq., complaints and appeals manager at Health New England and leader of the company’s Affordable Care Act implementation team, and Marc Criscitelli, vice president at FieldEddy Insurance, lead a presentation titled “Understanding Obamacare”; Peter Ellis, creative director/vice president of DIF Design and organizer of the Springfield Extreme Website Makeover contest, presents a ceremonial $25,000 check to La Esperanza: The Hope of the Pioneer Valley Inc., an organization that provides comprehensive breast-health education and support services to Latina women in Springfield, Holyoke and Chicopee. Beside Ellis, from left, are Linda Cooper, a member of La Esperanza’s board of directors, Jeanette Rodríguez, the organization’s executive director, and Kate Campiti, associate publisher of BusinessWest; Alysia Cutting Cosby (above), a vocalist and actress from Dream Studios of Springfield, leads a group in a performance on the Show Floor Theater; John Maguire, president and CEO of Friendly’s Corp., talks about ongoing efforts to revitalize the company’s brand; Jim Koch, co-founder and chairman of the Boston Beer Co., the breakfast keynote speaker, uses some of his own product to gets his points across; Duane Cashin, president and CEO at Cashin & Co., presents a seminar titled “The Future of Sales.”

AM7J1699AM7J1705IMG_2098A special Pitch Contest & Demo Day showcased local entrepreneurs and those looking to get businesses off the ground. Left to right from far left: Dave (left) and Mike Mullen from KloudBook make their two-minute pitch. Bottom left: judge Ryan Walsh, operations manager from MassChallenge, makes some comments to one of the presenters. The other judges were Paul Peter Nicolai, principal of Nicolai Law Group P.C. (also pictured); Linda Peters, with the Isenberg School of Management at UMass; Stephen Davis, with the Irene E. and George A. Davis Foundation; and Joel Vengco, vice president and chief information officer, Information &  Technology, for Baystate Health. Above: the pitch contestants contestants included, from left, Daniel Ross of Mission Control, Mike Mullen from KloudBook, Kacey Clark from PeopleHedge, MJ Jang from Voncierge, Natasha Clark of Lioness magazine, Richard Stevens from Worksafe Technology, Diane Pearlman from Berkshire Film and Media Commission, Dan Koval from Worksafe Technology, Dede Wilson from Bakepedia, Marcie Muehlke from Celia Grace, Dave Mullen from Kloudbook, and Dino Larouche from KnowledgeWare21.

IMG_2129AM7J1883IMG_2132AM7J1893The Expo Social, the day-capping networking event, drew a large crowd. Left to right from far left: from MGM Resorts International, from left, Gerri Harris, director of Contract Administration, Frank Scharadin, executive director of Strategic Sourcing, Michelle Reichert, strategic sourcing manager, and Mark Stolarczyk, vice president of Global Procurement; from left, Kristi Reale, senior manager of Meyers Brothers Kalika, P.C.,Teresa Utt, senior account executive for Andrew Associates, and Joanne Haley, senior associate, and Anthony Gabinetti, senior manager, audit and accounting, both with Meyers Brothers Kalicka; from left, John Gormally, publisher of BusinessWest and owner of WGGB abc40/FOX 6 Springfield, Jeff Ciuffreda, president of the Affiliated Chambers of Commerce of Greater Springfield, John Garvey, president of Garvey Communication Associates and board member of Valley Venture Mentors, and Dawn Creighton, regional director of AIM; David Condon, owner of Northern Security Systems (left), and Jim White, co-owner of Go Graphix.

Company Notebook

By
Company Notebook Departments

NUVO Announces Third-quarter Results
SPRINGFIELD — NUVO Bank & Trust Co. recently announced net income of $2,268,000, or 96 cents per basic share and 95 cents per fully diluted share, for the nine months ended Sept. 30, 2013, compared to $514,000, or 28 cents per basic and fully diluted share for the nine months ended Sept. 30, 2012. Net income was $100,000, or 4 cents per basic share and 3 cents per fully diluted share for the three months ended Sept. 30, 2013, compared to $207,000, or 11 cents per basic and fully diluted share for the three months ended Sept. 30, 2012. The bank’s book value per share increased from $4.72 per share at Dec. 31, 2012 to $5.17 per share at Sept. 30, 2013. The $107,000 decrease in net income from $207,000 for the quarter ended Sept. 30, 2012 to $100,000 for the third quarter ended Sept. 30, 2013 primarily reflects the fact that the bank was fully taxable in the third quarter of 2013 with a tax provision of $67,000, while in the third quarter of 2012, the bank recognized a tax benefit of $53,000 when it was able to utilize a portion of its deferred tax benefit for federal tax purposes. Pre-tax income during the quarter ended Sept. 30, 2013 was $167,000, as compared to $154,000 for the quarter ended Sept. 30, 2012. In addition, non-interest expense increased to $885,000 from $742,000, primarily due to increased personnel expense relating to new hires since Sept. 30, 2012 to service the bank’s growth. The $1,754,000 increase in net income, from $514,000 for the nine months ended Sept. 30, 2012 to $2,268,000 for the nine months ended Sept. 30, 2013, primarily reflects the bank’s recognition of its full $2,084,000 deferred tax asset during the nine months ended Sept. 30, 2013 in view of its continuous quarterly profitability and its successful capital raise completed April 30, 2013. As a result, the net income-tax benefit for the nine months ended Sept. 30, 2013 was $1,869,000 compared to a net tax benefit of $101,000 for the nine months ended Sept. 30, 2012. Pre-tax income for the nine months ended Sept. 30, 2013 was $399,000, as compared to $413,000 for the nine months ended Sept. 30, 2012. In May 2012, the bank was paid off in full on one non-accrual loan including $87,000 of past-due interest, which is reflected in the pre-tax income for the nine months ended Sept. 30, 2012. The decrease in pre-tax income reflects an increase in non-interest expense to $2.7 million from $2.2 million, which was primarily due to an increase in personnel expense in the nine months ended Sept. 30, 2013 related to new hires, performance bonuses, and expenses related to its equity incentive plan. Total assets at Sept. 30, 2013 were $133.1 million, compared to $110.9 million at Dec. 31, 2012, which is an increase of $22.2 million (20%). Cash and cash equivalents increased $3.1 million (39.8%) to $10.8 million at Sept. 30, 2013, from $7.7 million at Dec. 31, 2012. Investment securities increased $2.2 million (50%) to $6.7 million at Sept. 30, 2013, from $4.5 million at Dec. 31, 2012. Total loans increased $14.9 million (15.4%) to $111.6 million at Sept. 30, 2013, from $96.7 million at Dec. 31, 2012. Deposits increased $14.2 million (14.3%) to $114.0 million at Sept. 30, 2013, from $99.8 million at Dec. 31, 2012. Total borrowings increased to $4.0 million at Sept. 30, 2013, from $2.0 million at Dec. 31, 2012. Stockholders’ equity increased $5.9 million (69.9%) to $14.5 million at Sept. 30, 2013, from $8.5 million at Dec. 31, 2012.

Big Y Completes Renovations at Two Stores
SPRINGFIELD — Big Y Foods Inc. announced the completion of renovations at two stores in Northern Berkshire County. Big Y recently invested more than $1.4 million in its stores at 45 Veterans Memorial Ave. in North Adams and at 1 Myrtle St. in Adams. Both stores have been serving their communities as Big Y supermarkets since 1984. This dual renovation effort began last September and included renovations in every department. In addition, in North Adams, customers have been enjoying the new pizza and sandwich shop along with many more meals to go, both hot and cold. There is a new café seating area along with a new organic section, expanded gluten-free foods, along with new areas in meat, seafood, delicatessen, fruits and vegetables, floral, dairy, olive bar, Stonewall Kitchen products, and in-store bakery, breads, and muffins. Lastly, new paint, fixtures, signage, aisle markers, and other equipment add to the new look of the market. The 27,786-square-foot Adams Big Y’s renovations include expanded deli, seafood, meat, bakery, and organic foods, along with extra space in produce to offer more fresh greens and organic items.

Skoler, Abbott & Presser Honored by Publication
SPRINGFIELD — Skoler, Abbott & Presser, P.C., a Springfield-based labor and employment law firm with offices in Worcester and Meriden, Conn., has been awarded a Tier 1 Metropolitan ranking in the 2014 Edition of U.S. News – Best Lawyers “Best Law Firms” in five areas of practice: arbitration, employment law (management), labor law (management), litigation (labor), and employment and mediation. “We are so honored to be a part of this prestigious list of firms,” said Ralph Abbott Jr., partner and attorney. “Best Lawyers is well-respected by the legal community as a valuable resource of best-in-class practices, and recognition in five areas is quite an achievement for us.” The U.S. News – Best Lawyers “Best Law Firms” rankings are derived from a rigorous evaluation process consisting of collected client and lawyer evaluations, a peer review from leading attorneys in the firm’s field, and a review of additional information provided by law firms. A firm’s eligibility for a ranking is contingent on having at least one lawyer listed in the 19th edition of the Best Lawyers in America list for that particular location and specialty, which recognizes the top 4% of practicing attorneys in the U.S.

Court Dockets

By
Court Dockets Departments

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

HAMPDEN SUPERIOR COURT
Brixmor/IA Points West SC, LLC v. PCX Corp. and Steven Lee a/k/a Soo Bong Lee
Allegation: Breach of contract relating to lease for commercial property: $28,766.71
Filed: 9/26/13

Geeleher Enterprises Inc. v. RIV Construction Group and Home Depot, LLC
Allegation: Non-payment of construction services rendered: $62,242.93
Filed: 10/4/13

U-Name It Self Storage, LLC v. Vertrolysis, LLC
Allegation: Breach of commercial lease for failure to pay rent: $36,476.93
Filed: 9/26/13

HAMPSHIRE SUPERIOR COURT
Nancy and Robert Carrier v. Circle B Inc. and Phelan Engineering, LLC
Allegation: Improper construction design and failure to comply with building codes: $166,527.54
Filed: 10/4/13

NORTHAMPTON DISTRICT COURT
Alexander and Fay Gaspari v. TommyCar Corp. d/b/a Country Nissan
Allegation: Breach of contract for failure to provide remote truck release and failure to compensate: $1,500.
Filed: 9/18/13

PeoplesBank v. Ryder Funeral Home
Allegation: Money owed on note and guaranties: $98,866.07
Filed: 9/5/13

SPRINGFIELD DISTRICT COURT
Hale Trailer Brake & Wheel Inc. v. MEF Transportation, LLC
Allegation: Non-payment of rental equipment: $8,434.23
Filed: 9/23/13

J & E Roof Systems v. Craig McCarthy d/b/a Quality Renovations
Allegation:  Failure to pay and breach of construction agreement: $5,502
Filed: 10/3/13

Rose M. Groce v. F.L. Roberts & Co. Inc.
Allegation: Negligent maintenance of property causing slip and fall: $24,999.99
Filed: 10/7/13

Divorce in the Electronic Age

By
Law Sections
Modern Technology Results in a Number of Novel Legal Issues

By KATHERINE McCARTHY
There is no question that communication has become more convenient and accessible due to advancements in technology. Computers, mobile devices, and other types of electronics play a significant role in much of our daily lives. But the everyday use of such modern technology has resulted in many complex and novel legal issues.
This article will highlight the particular issues the use of electronics presents in family-law cases, and what every spouse anticipating or involved in a divorce proceeding should know.

Electronic Evidence
Technology has changed the face of traditional evidence. Common types of electronic evidence attorneys routinely come across in their practice include information obtained from social-media sites (Facebook, Twitter, MySpace, LinkedIn, YouTube), global positioning system (GPS) tracking, text messaging, e-mail, blogging, files stored on a computer, and websites.
These types of electronic evidence are increasingly being introduced into family-law cases. For example, in the context of a highly contested divorce case, a family-law attorney is aware that a wealth of relevant information may be gleaned from the opposing party’s public Facebook or other social-media page. Too often, spouses do not realize the implications of posting comments and pictures on social-media sites. A spouse could easily damage his or her credibility in a divorce proceeding by posting questionable content on social media.
In a divorce case, custody is often an issue that is front and center. If, for example, a parent appears in pictures or makes comments on Facebook that suggest overindulgence in alcohol or other substances during his or her time with the parties’ child, this could negatively impact that parent’s request for custody. More generally, it is important to recognize that anything published on a social-networking site can resurface in litigation, and can have a negative impact on the parent or spouse’s credibility before the court.
Deleting a particular comment, message, or picture from a social-media site may not be enough. It is, perhaps, not surprising that technology exists that can resurrect information a person mistakenly believed had been successfully deleted from a website or computer hard drive. Similarly, changing one’s Facebook security settings to private is not enough because the user’s information could show up on the Facebook pages of those on their ‘friend’ list who have not made their pages private. Social-media account records can also be subpoenaed for use in a court proceeding.
Additionally, individuals should be aware that posting derogatory or negative comments about their spouse on a social-media site could have legal consequences. Such comments could result in an unnecessary defamation lawsuit, or, depending on the severity of the circumstances, a lawsuit for harassment or infliction of emotional distress.
The point here is that individuals involved in family-law disputes must be extremely careful before publishing anything on social media. As a best practice, spouses should refrain altogether from publishing any information about their pending case, their spouse, or anything else that could negatively affect his or her credibility before the court. If an individual has already posted such information, they should take the material down immediately to mitigate any potential repercussions that may follow.

Privacy Concerns
Another increasingly common issue in family-law cases concerns one spouse surreptitiously monitoring or spying on the other spouse. Emotions can run extremely high during a divorce, and some individuals have an inclination to spy on a spouse whom they suspect is behaving poorly, perhaps believing that discovered information may give the spying spouse an upper hand in a divorce. However, these individuals fail to recognize that their actions are oftentimes in violation of the law and could make them susceptible to serious ramifications.
It is true that privacy and wiretapping laws tend to vary from situation to situation. Even so, all too often spouses incorrectly assume that, because they are married, it is OK to log on to their spouse’s social-media and e-mail accounts or look at their spouse’s cell-phone content. It is important to understand what types of actions are potentially illegal.
In the electronic age, spying has become much more sophisticated. An increasing number of people are utilizing spyware technology to monitor their spouses’ online activity. Spyware is software that may be uploaded onto a computer, enabling a user to monitor and track the web activity of a specific person. Spyware software is available at retail stores and online for a modest cost. Once uploaded, the software is often difficult for the novice computer user to detect.
What many people do not know is that Massachusetts has adopted several protective privacy and wiretap laws that carry both civil and criminal penalties for violations. Uploading spyware software to a spouse’s computer, even if that computer is shared with the spouse, could run afoul of these laws. Further, just because one can purchase spyware online or at a retail store, that does not necessarily mean that the software may be legally used to monitor a spouse’s web or cell-phone activity. Illegally obtained evidence not only raises ethical considerations for the spying spouse’s attorney, but such evidence will likely be kept out of a court proceeding by a judge, rendering it useless.
Individuals also too often have the misconceived notion that it is permissible to secretly hack into their spouse’s e-mail, cell-phone and social-media accounts, and are surprised to hear that what they are doing could be illegal. A typical scenario a family-law attorney may encounter involves a client who feels strongly that, because they are still married, he or she is free to monitor the other spouse’s communications.
Similarly, because two spouses share a computer, one spouse may feel justified in monitoring the other spouse’s Internet activity. However, it is illegal under both Massachusetts and federal law to gain unauthorized access to a computer system. Individuals should be aware that logging onto their spouse’s online accounts and viewing his or her e-mails or messages without permission could subject the spying spouse to criminal penalties. This is especially true if the spied-on spouse maintains exclusive control over the device or if the account is password-protected. Further, as a general rule, secret video or voice recording of another person, even a household member, is illegal.
The current state of the law regarding unauthorized access to a spouse’s cell phone is less clear. Courts have recognized a diminished expectation of privacy between spouses, which means that what may be deemed an offensive invasion of privacy between non-married persons may not be recognized as such between spouses. But it is important that individuals are aware that the trend in Massachusetts courts is toward protecting the privacy of individuals, including individuals within a marriage. Hence, just because a spouse guesses or secretly learns the password to the other spouse’s cell phone does not mean that it is permissible to view its contents. Additionally, cell phones, particularly smartphones, are similar to computer systems. Courts could interpret the unauthorized access of a cell phone as falling within the purview of the law prohibiting the unauthorized access to a computer system, resulting in possible criminal liability.
Very often, information obtained by a spying spouse involves the other spouse’s extramarital affair. However, proof of adultery in and of itself does not hold much weight in a contemporary divorce action in Massachusetts. Hence, the risks simply outweigh the benefits in most cases.

What Everyone Should Know
Family-law cases are emotionally charged proceeding. Rational people may display seemingly irrational behavior in the midst of a highly contested divorce. That is why it is important for everyone who is party to a divorce to have a clear understanding from the outset of proper use of electronics and social media. Information about a pending divorce or child-custody issues simply should not appear on social-media accounts. Individuals should also avoid posting anything that may be harmful to their case.
And no matter how tempting it may be to secretly monitor a spouse’s e-mail, social-media accounts and cell-phone contents, doing so could expose the spying spouse to criminal or civil penalties. Anyone considering taking any such action should refrain from doing so and consult a qualified divorce attorney.

Katherine McCarthy works at Robinson Donovan, P.C., where she concentrates on domestic relations. She received her J.D. from Northeastern University School of Law in May; (413) 732-2301; kmccarthy@robinson-donovan

The Bay State’s Personnel Records Law

By
Law Sections
Beware — There Are Some Traps for the Unwary Employer

By KATHRYN S. CROUSS, Esq.

Kathryn S. Crouss, Esq.

Kathryn S. Crouss, Esq.

The Commonwealth of Massachusetts has strict regulations regarding employee records, and non-compliance can be costly for employers. Employers and employees should be aware of certain obligations and rights regarding an employee’s personnel file under the Massachusetts personnel records statute.
Amended in recent years to expand employers’ duties, the statute outlines certain affirmative obligations on the part of employers regarding an employee’s personnel record.
The statute defines a personnel record as a “record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.” In short, all documents such as internal memos, letters, disciplinary actions, or notes that are being used, have been used, or could potentially be used to affect an employee’s employment are considered part of that employee’s personnel record.
Whether the employer keeps records in the employee’s formal personnel file or in various files, these records are subject to the requirements of the Massachusetts personnel records statute.
Here are more things you need to know:

Review of Personnel Records
The statute has several notable requirements relevant to both employers and employees. Employees and former employees have the right to request any documents that their employers used to evaluate, investigate, or discipline them. They also have the right to review their personnel records within five business days, provided that the request to review the record is made to the employer in writing.
In response, the employer is required to produce all information identifying the employee that is subject to the statutory requirements. While the employee’s written request may imply that the employee is requesting only information formally kept in his or her personnel file, employers must be mindful that the statute’s definition of an employee’s ‘personnel record’ is very expansive, and must carefully examine all records related to the requesting employee to ensure full compliance with the statute’s requirements.
Notably, employers will be in compliance with the statute if they simply allow the requesting employee to review his or her personnel record at the business itself; the statute does not require the employer to copy and forward all records to the employee.

Notice Requirement
New to the most recent amendment, employers must now notify employees within 10 days whenever a document potentially affecting an employee’s employment is placed in the personnel record. Specifically, the statute states that “an employer shall notify an employee within 10 days of the employer placing any information in the employee’s personnel record to the extent that the information is being used, has been used, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, or additional compensation, or the possibility that the employee will be subject to disciplinary action.”
The implications of this recent requirement are significant for employers. They must now be more vigilant about how they document personnel issues, as each time a document meeting the expansive requirements of the statute is placed in an employee’s personnel file, the employee must be notified. Additionally, employees now have the right to explain or rebut all information they may dispute in their personnel files in response to notification regarding negative information. The statute requires that an employee’s rebuttal to any negative information be transmitted to third parties along with the disputed information.

Exceptions
The most recent amendment to the statute provides that employees will not be permitted to review their personnel records more than twice in a calendar year. However, if an employee makes a request to review his or her personnel record after being notified of negative information, as discussed above, the amendment specifically exempts such reviews from the two reviews permitted each year.
In addition, the statute specifically indicates that a personnel record cannot contain information about another employee if disclosure of the information would be likely to invade the other employee’s privacy. Employers should be careful to edit any information that identifies other employees in disciplinary action forms, notes, memoranda, and the like, in order to comply with the statute’s privacy provision.

Specific Requirements for Larger Employers
Larger employers should note that the statute specifies what written information or documents must be contained in personnel records kept by employers with 20 or more employees. Such personnel files must contain the employee’s name, address, date of birth, job application, résumés, job title and description, compensation, starting date, lists of probationary periods, performance evaluations, written warnings of substandard performance, any other documents relating to disciplinary action, dated termination notices, and waivers signed by employees.

Enforcement
The statute does not provide for a private right of action, so employees cannot file a lawsuit if they believe that their employer has violated the statute. However, the Massachusetts personnel-records law is enforced by the attorney general, who may impose fines between $500 and $2,500 for violations. These fines are applicable regardless of the number of employees an employer has.
The statute leaves many questions open regarding an employer’s responsibility related to an employee’s personnel file, so employers are advised to contact an employment-law attorney to create a compliant personnel-records policy.

Kathryn S. Crouss, Esq. is a member of Bacon Wilson’s litigation department and handles all aspects of civil litigation, including employee and management-side employment-law litigation, personal injury, and domestic-relations litigation; (413) 781-0560; baconwilson.com/attorneys/crouss

A Time to Be Proactive

By
Law Sections
Take Steps to Reduce Risk of Disability-discrimination Claims

Karina L. Schrengohst

Karina L. Schrengohst

The Massachusetts Commission Against Discrimination (MCAD) and its federal counterpart, the Equal Employment Opportunity Commission (EEOC), have identified disability discrimination as one of their top priorities.  Consequently, employers would be wise to take preventive steps to reduce their risk of liability, such as implementing anti-discrimination and anti-harassment policies and training their employees about such policies.
In a nutshell, under state and federal law, it is unlawful to discriminate on the basis of disability in employment decisions such as hiring, promotion, compensation, discipline, discharge, and other terms and conditions of employment. Employers have an obligation to engage in the interactive process and provide reasonable accommodations to a qualified individual with a disability, unless such accommodation would cause an undue hardship to the employer.
Under the Americans with Disabilities Act Amendments Act’s significantly expanded definition of ‘disability,’ when faced with a request for an accommodation, the focus should not be about whether the employee is disabled.  Instead, the focus should be on engaging in the interactive process, which is triggered when an employee asks for an accommodation or when an employer recognizes the need for an accommodation.
A reasonable accommodation is a modification or change to the workplace that enables an individual with a disability to apply for a job, perform job duties, or enjoy the benefits and privileges of employment. This may include, for example, modifying work schedules, granting time off, making the workplace accessible by wheelchair, or providing an interpreter.
The interactive process is simply an informal, interactive dialogue between the employer and the employee. It is a conversation during which limitations are identified and reasonable accommodation options are discussed. There should be direct communication between the employer and the employee in which both parties explore possible accommodations. The employee may offer options for what he or she thinks would be the most effective and preferred accommodation, and the employer may offer alternative suggestions. The goal of the interactive process is for the employer and employee to work together to identify reasonable accommodations. Problematically, however, employers sometimes skip this very important conversation.
Many employers have anti-discrimination and anti-harassment policies, but do not go that extra step to train their workers. Employees with supervisory responsibilities in particular should be trained to identify disability discrimination issues. Supervisors, as the eyes and the ears of the company, play an important role in preventing disability discrimination and harassment. Also, because of the MCAD’s and EEOC’s focus on the interactive process, supervisors need to be able to recognize the variety of ways in which a request for accommodation may be articulated so they can identify when there is a need to engage in an interactive dialogue with the employee. Providing supervisors with adequate training is essential to ensure that they do not skip this conversation.
Further, when faced with an MCAD or EEOC claim, one way a company can demonstrate that it takes its anti-discrimination and anti-harassment policies seriously is to show that not only does the company have a policy, but it also took affirmative steps to implement its policy by training its employees and supervisors.  The MCAD clearly sees the value in training because the agency has increasingly been ordering that employers conduct training as part of settlement agreements or in addition to monetary damages.
The cost of defending against expensive litigation far exceeds the investment in providing preventive training. Effective anti-discrimination and anti-harassment training is strategically designed. For instance, interactive workshops keep employees engaged with real-life hypotheticals. Also, there are advantages to training rank-and-file employees separately from employees with supervisory responsibility. And the size of the group of individuals per training session and the length of time per session impact the experience.
Another important aspect of training is ensuring that supervisors understand that, when a request for an accommodation has been made, they need to be mindful of the potential risks that accompany employment decisions that are made related to that employee. Employment decisions such as giving a poor performance evaluation, changing job responsibilities or shift, transferring to a different department or location, or discharging an employee who has requested an accommodation can be perceived as discriminatory, harassing, and retaliatory.
This is also important when claims are filed by current employees, as they can be particularly difficult to navigate. However, when an employee puts his or her employer on notice that she or he is disabled and needs an accommodation, or files a claim of discrimination or harassment, it does not give that employee a free pass on otherwise bad behavior. Employers just want to make sure, if they are taking an adverse employment action, that there is documentation that supports that decision.
Finally, it is always a good idea to consult with employment counsel before disciplining or firing an employee who has requested an accommodation.

Karina L. Schrengohst, Esq. is an attorney at Royal LLP, a woman-owned, SOMWBA-certified, boutique, management-side labor and employment law firm;  (413) 586-2288; [email protected]

Altered States

By
Law Sections
Benefits Landscape in Massachusetts Changes After DOMA Ruling

By AMELIA J. HOLMSTROM, Esq.

Amelia J. Holmstrom, Esq.

Amelia J. Holmstrom, Esq.

Massachusetts law has recognized same-sex marriages since 2003, but until recently, the Defense of Marriage Act (DOMA) had interfered with Massachusetts employers’ ability to grant same-sex couples full equality under the law.
DOMA governs all federal statutes, including the Employee Retirement Income Security Act (ERISA) and the Family and Medical Leave Act (FMLA). Section 3 of DOMA defined the term ‘marriage’ as between one man and one woman, and ‘spouse’ meant a person of the opposite sex. On June 25, however, the Supreme Court ruled that Section 3 of DOMA was unconstitutional.
The decision, United States v. Windsor, means that state law will now apply to the definition of marriage and spouse, which means that in states where same-sex marriages are legal, state law will take control. Under Massachusetts law, same-sex spouses will now receive all the benefits granted under federal law to opposite-sex spouses. The Windsor decision requires employers to adopt new policies and procedures because the decision impacts employee benefits and certain job-protected leaves and also has tax implications.
ERISA governs some health-benefit plans as well as retirement benefits offered to employees. Many Massachusetts employers have fully insured health plans, and those plans are governed by state law. Since DOMA governs federal laws, same-sex spouses have been covered under state plans since 2003. Some employers have self-insured health plans, which are governed by ERISA.
Prior to the Windsor decision, Massachusetts employers with self-insured ERISA benefit plans were not required to offer such plans to the same-sex spouses of their employees. The court’s decision changes this; Massachusetts employers with ERISA benefit plans are now required to offer insurance to a qualifying employee’s same-sex spouse. And, under COBRA, same-sex spouses who are already enrolled in the company’s insurance will need to receive the opportunity to continue their health-insurance benefits under the same circumstances that apply to opposite-sex spouses.
Qualified employee retirement plans, such as 401(k) and pension plans, are also affected by the decision. The ruling affects who is considered an automatic beneficiary, spousal consent for non-spouse beneficiaries, QDRO protection, automatic death benefits, and the timing and amounts of death-benefit payments, special roll-over rules, hardship distribution criteria, and minimum distribution rules.
These changes to employee benefit plans also raise tax implications. Many employers in Massachusetts already allowed same-sex spouses to be covered under the employee’s insurance plan, but for most such employees, the value of the healthcare coverage provided to the same-sex spouse was subject to federal income and employment taxes. To make matters more complicated, the value of the benefits was not subject to Massachusetts income and employment taxes because those benefits were not considered income under Massachusetts law. After the court’s ruling, same-sex spouses are considered spouses for employee benefit purposes under federal law, and the value of health-insurance benefits provided to those spouses is not considered taxable income.
The court’s decision also affects a same-sex spouse’s use of FMLA leave. Before the Windsor decision, DOMA prevented employers from granting FMLA leave to employees to care for their same-sex spouses. Accordingly, an employer who granted leave to an employee to care for his or her same-sex spouse could not count that leave time against the employee’s FMLA entitlement. This meant that employees who were granted non-FMLA leave time to care for their same-sex spouse were still entitled to leave under the FMLA for reasons other than caring for their same-sex spouse. Thus, some employees received double the amount of job-protected leave. Since the DOMA decision, Massachusetts employers must permit employees to take FMLA leave to care for a same-sex spouse with a serious health condition, and that leave may be counted against the employee’s annual FMLA allotment.
For Massachusetts employers with operations in other states that do not recognize same-sex marriage, the Internal Revenue Service and Department of Labor (DOL) have issued guidance clarifying the impact of the decision in those states. Specifically, same-sex couples legally married in a jurisdiction with laws authorizing such marriages will be treated as married for federal tax and ERISA purposes, regardless of whether they reside in a state where their marriage is recognized. In contrast, however, the DOL’s FMLA guidance provides that an individual will only qualify as a spouse for FMLA purposes if the employee was married to the same-sex spouse in a state where such marriages are legal and if the couple also resides in a state that recognizes same-sex marriages.
You need to take steps to ensure that your policies and procedures are in compliance with the changes in federal law that have followed the court’s Windsor decision. To be sure that you are making the right changes, you should consult your insurance carrier, retirement-benefits administrator, and labor and employment counsel.

Amelia J. Holstrom joined Skoler, Abbott & Presser in 2012 after serving as a judicial law clerk to the judges of the Connecticut Superior Court, where she assisted with complex matters at all stages of litigation. Her practice is focused on labor law and employment litigation; (413) 737-4753; skoler-abbott.com

Rx for Trusts in Trouble

By
Law Sections
Remember: ‘Irrevocable’ Ain’t What It Used to Be

By CAROL C. KLYMAN, Esq.

Carol C. Klyman, Esq.

Carol C. Klyman, Esq.

So, who has a trust and why do we care if it’s ill?
It turns out that there are more people than you think who have set up or are beneficiaries of irrevocable trusts that, for one reason or another, are no longer desirable.
Maybe the law or the reasons for the trust have changed. Sometimes businesses that have been managed through a trust for a period of time may not currently be operating optimally for tax, business, and/or family purposes. Perhaps some provisions of the trust that were originally helpful now cause legal or family problems for the beneficiaries. Maybe the trust has simply outlived its usefulness.  Perhaps the laws under which the trust was created are no longer in force.
Can you get out, how, and who decides where you end up? What, exactly, does ‘irrevocable’ mean when applied to a trust?
The Bay State has a long and fairly rich tradition of allowing modification to irrevocable trusts, which now has been amplified by the passage of the Massachusetts Uniform Trust Code in 2012 and a new court decision in 2013. The types of irrevocable trusts that could be affected are, among others, irrevocable trusts holding life insurance, trusts holding businesses for family and/or non-family members, special-needs trusts, and family and revocable trusts that have become irrevocable at the settlor’s death. What follows are some of the ways to modify irrevocable trusts under current law.

Pursuant to the Trust Instrument
• Contingency clauses. Many well-drafted trusts contain contingency clauses that allow the trustee to terminate the trust, to merge it with similar but not identical trusts, and to amend it to bring it into compliance with tax or other laws.
• Termination clauses. These clauses allow the trustee to distribute trust property out to the beneficiaries when it is too small to make trust administration economically viable.
• Special powers of appointment. These are powers that can be retained by the settlor or granted to a beneficiary. They allow trust property to be distributed or held in trust as directed by the person holding the power. This can be very helpful for minor or disabled beneficiaries or those who may have creditor issues, and is an elegant way of amending the trust without recourse to the trustee, the courts, or other beneficiaries.

Under the New Uniform Trust Code
A trust can be modified under the new UTC as follows:
• Without court approval but with the consent of all the beneficiaries and the settlor (M.G.L. c 203E, Section 411);
• With court approval with consent of the all the beneficiaries and with a court determination that modification is not inconsistent with a material purpose of the trust (M.G.L. c 203E, Section 411); and
• By the court where, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust (M.G.L. c 203E, Section 412).

Pursuant to Case Law
The courts in Massachusetts have allowed trust modification in some of the following circumstances:
• To distribute trust property outright or to appoint property in further trust pursuant to a special power retained by the settlor or granted to a beneficiary even though the trust option may not be specifically mentioned (Loring v. Karri-Davies, 1976);
• To implement intended planning to reduce estate or generation-skipping taxes (First Agricultural Bank v. Coxe, 1990, and its progeny);
• To disclaim a trustee power or beneficiary provision even though there is no express provision in the trust (McClintock v. Schahill, 1998); and
• To ‘decant’ trust property into a successor trust without consent of a court or trust beneficiary under the trustee authority, to distribute to or for the benefit of trust beneficiaries (Morse v. Kraft, 2013).

Some Pitfalls
But, beware, there are traps for the unwary!
Sometimes changes can trigger tax, creditor, or government eligibility problems that didn’t exist previously, and this can make the cure much worse that the disease. Here are some of the pitfalls:
• Loss of tax benefits such as the marital deduction or the generation-skipping tax exemption. Many revocable trusts are set up to maximize the use of the Massachusetts or federal estate-tax exemptions ($5.25 million and $1 million, respectively). At the death of the settlor, the trust becomes irrevocable. Any changes made pursuant to any of the methods above must take care not to lose the benefit of these exemptions.
• Loss of eligibility for MassHealth or other benefit programs. Supplemental-needs trusts and other discretionary trusts may be designed to allow the beneficiary to maintain eligibility for MassHealth, supplemental security income, Social Security disability insurance, veterans-assistance programs, or some rent-subsidy programs. Any outright distribution or transfers to a successor trust that allows the beneficiary independent access to trust assets or income can result in loss of eligibility for these benefits and a disaster for the affected beneficiary.
• Exposure to creditors. Some trusts are designed to shield a beneficiary from the claims of creditors. If these protections are not maintained in the successor trust, the beneficiary may end up with nothing.

Moral of the Story
If you have an irrevocable trust, have it reviewed by a knowledgeable attorney to be sure it meets your needs under your current circumstances, and, if not, ask about using one or more or the above methods to make changes. If you are contemplating creating an irrevocable trust, discuss viable exit strategies as part of your plan.
Remember … irrevocable just ain’t what it used to be!

Carol Cioe Klyman, Esq. is a shareholder of Shatz, Schwartz and Fentin, P.C., whose practice concentrates in the areas of elder law, estate and special-needs planning, estate administration, and trusts and estates litigation. She is a fellow of the American College of Trust and Estates Counsel and immediate past president of the Hampden County Estate Planning Council; (413) 737-1131; www.ssfpc.com