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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.

FRANKLIN SUPERIOR COURT

Jonathan Reichert and Elizabeth Reichert v. Trustees of Deerfield Academy
Allegation: Breach of contract, misrepresentation, negligent infliction of emotional distress: $57,000
Filed: 6/20/17

HAMPDEN DISTRICT COURT

Pasqualina Forte v. NiSource Inc. d/b/a Columbia Gas of Massachusetts and R.H. White Construction Co. Inc.
Allegation: Negligence causing injury: $11,835
Filed: 6/24/17

HAMPDEN SUPERIOR COURT

Mildred William v. City of Springfield
Allegation: Negligence causing injury: $25,000
Filed: 7/6/17

Linda S. Gorham and William Gorham v. Maple Garage Inc. d/b/a Maple Tire Center
Allegation: Motor-vehicle negligence causing injury: $35,173.46
Filed: 7/6/17

Ronald Anderson v. Jewell Tire Retreading Inc.
Allegation: Negligence, product liability; retreaded tire exploded due to mechanical failure, causing injury: $412,000
Filed: 7/13/17

HAMPSHIRE DISTRICT COURT

Jeffrey Hagen v. Hilltown Community Health Centers Inc.
Allegation: Breach of contract, failure to pay wages: $12,000
Filed: 6/27/17

Wanda Deitner v. John Doe and Target Corp.
Allegation: Negligence, slip and fall causing injury: $3,751.30
Filed: 6/29/17

HAMPSHIRE SUPERIOR COURT

Jennifer Lee Gilbert v. Allard’s Farm
Allegation: Negligence causing injury when plaintiff fell off rope swing affixed to tree: $108,953.56
Filed: 6/27/17

PALMER DISTRICT COURT

Philip H. Shaw Jr. and Ursula W. Gibb as trustee of the S. William Whyte Trust v. Wilbraham Pizza & Restaurant, LLC and Shahriar Allahyari
Allegation: Money owed pursuant to a personal guaranty: $23,113.12
Filed: 7/17/17

Daily News

SPRINGFIELD — The Hampden County Bar Assoc. will offer a free Legal Help Hotline in conjunction with Western New England University School of Law on Thursday, Sept. 21 from 4 to 7 p.m. at the law school, 1215 Wilbraham Road, Springfield. Individuals needing advice should call (413) 796-2057 to speak to a volunteer.

Volunteers will provide legal advice on a variety of topics, including divorce and family law, bankruptcy, business, landlord/tenant matters, and real estate. Additionally, in light of recent immigration developments, attorneys with immigration-law experience will also be available to answer questions. Spanish-speaking attorneys will be available.

Daily News

EASTHAMPTON — Matthew Sosik, president and CEO of bankESB, announced that three people have been promoted. Katrina Dziedzic and Susanne deVillier have been promoted to vice president, branch officer, while Alison McCoy has been promoted to compliance specialist – officer.

Dziedzic joined the bank in 2007 and has 32 years of banking experience. She began as branch officer in Westfield and was promoted to senior branch officer in 2011 and to assistant vice president, branch officer in 2014. She has an associate’s degree from Springfield Technical Community College. She is active in the community, serving as executive board member and treasurer for the Westfield Boys and Girls Club and auction co-chair of the Westfield Kiwanis Club.

Meanwhile, deVillier joined the bank in 2010 as branch officer in Agawam and has 22 years of banking experience. She was promoted to senior branch officer in 2014 and then to assistant vice president, branch officer in 2015. She has been instrumental in leading the successful bankwide checking-account-acquisition program. She is treasurer of the Agawam Rotary, a West of the River Chamber of Commerce member, active in the Springfield Boys and Girls Family Center, and serves on various community committees. She is also involved in fund-raising for various school programs. She has a bachelor’s degree in business administration from American International College.

McCoy joined the bank in 2015 as a compliance specialist. She previously managed her own general law practice. She has been involved in the development of a successful compliance-management system for the bank. She earned her bachelor’s degree from Bard College at Simon’s Rock and her juris doctor from Western New England University School of Law. She graduated with high honors from the Massachusetts Bankers Assoc. New England School for Financial Studies at Babson College. She is currently enrolled in the Isenberg School of Management MBA program at UMass Amherst.

McCoy has volunteered with Meals on Wheels and the People’s Institute in Northampton. She is treasurer of the Western Massachusetts Compliance Assoc. and is involved in the Boy Scouts of America, Western Massachusetts Council as an Assistant Scoutmaster of Amherst Troop 500.

Community Spotlight Features

Community Spotlight

By Kathleen Mellen

John Flynn

A third-generation selectman, John Flynn says the community desires to grow its commercial base, but not lose its small-town character.

In many ways, the town of Hampden seems like a throwback to an earlier way of life.

The Western Mass. community of just over 5,000 is just east of East Longmeadow and less than a 20-minute drive from the bustling metropolis of Springfield. But with its rural feel, old-fashioned New England charm, mom-and-pop businesses, and neighborly sensibility, it seems worlds away. There’s not even a traffic light in town.

“Heck, the bear population is exploding now; there are sightings every day,” said John Flynn, chairman of the town’s three-member Board of Selectmen. “Once people are in this town, they don’t like to leave it. It’s a great community. We’re still old-fashioned New England.”

Flynn knows whereof he speaks: he grew up in Hampden, where his great-grandfather, John J. Flynn, and his father, John M. Flynn, both served as selectmen before him.

“I’m a third-generation selectman,” said Flynn, who was elected in 2005. “My dad was the guy who’d get the phone call at 2 in the morning … now I get the texts and phone calls.”

While the population has remained fairly constant for decades, Flynn says, there have always been new faces, and they are welcome. Some have come to open businesses, or to work at the nearly four-decades-old Rediker Software, owned by Rich and Gail Rediker, another longtime Hampden family, or, more recently, at GreatHorse golf and country club, a relative newcomer that opened in 2015. Still others work out of town, but are drawn to live in Hampden by its Americana flavor.

“It’s just like Cheers,” Flynn said, referring to the NBC sitcom that ran in the late ’80s and early ’90s. “Everybody knows your name.”

A Cautious Approach

While much has remained the same in Hampden during Flynn’s lifetime, he said, growth and change are both inevitable and desired. But, he stressed, the town strives to ensure that its essential qualities will always be preserved.

“We’re happy to get that growth, but you have to be careful not to lose what made Hampden Hampden,” Flynn told BusinessWest. “You want to make sure that the reasons people are in Hampden are still there. We can’t sell part of ourselves just to give it away to business.”

That said, there is plenty of potential for growth in town, including in two already-established business districts, one on Main Street and one in the area of Rediker Software, the town’s largest non-municipal employer, located at the main intersection of East Longmeadow, Wilbraham, and Somers roads and Allen Street.

Andrew Anderlonis

Andrew Anderlonis says Hampden has been a great home for Rediker Software.

Founded in 1979 by Rich Rediker, the company’s CEO, Rediker Software provides administrative software to schools. It employs about 90 people at its headquarters on Wilbraham Road that was constructed in the 1990s and expanded in 2005, and designed to blend in with the New England character of the town.

“It’s built like a house,” said Andrew Anderlonis, the company’s president and Rediker’s son-in-law. “Rich didn’t want a corporate building; he wanted to build something that would really be a part of the town and the community.”

That’s what Flynn is talking about.

“We would love to expand more Rediker-type businesses — that’s the look we want,” Flynn said. “We want people to drive through Hampden and feel the old New England town.”

With customers in all 50 states and more than 115 countries, the family-owned Rediker Software is one of the 30 fastest-growing tech companies in the state.

Hampden at a glance

Year incorporated: 1878
Population: 5,296 (2016)
Area: 19.7 square miles
County: Hampden
Residential tax rate: $19.29
Commercial tax rate: $19.29
Median Household Income: $81,130 (2016)
Median family Income: $86,848 (2016)
Type of Government: Board of Selectmen
Largest Employers: Hampden-Wilbraham Regional School District, Rediker Software, GreatHorse
Latest information available

Theoretically, it could probably be headquartered anywhere in the world, Anderlonis said, but it started in Hampden, and it will stay in Hampden.

“We’re a small family business, so we really promote the family atmosphere here, and the town helps that effort,” he explained. “People like the small-town feel. There are local places they can go eat, it’s nice and green and lush, and they don’t have to fight for a parking spot in the morning. Hampden has been a great home for Rediker, and the road ahead looks really healthy.”

In return, the company gives back to the community through such things as its sponsorship of Link to Libraries, a literacy program that distributes some 100,000 books a year to schoolchildren. The company also collaborates with the Hampden/Wilbraham school district, offering internships and career placement.

“We’re also one of the town’s firewater suppliers. We have a 10,000-gallon tank in our parking lot that we maintain and service,” Anderlonis said. “We try to be involved where we feel we can help.”

Flynn says Rediker’s continued good health is good for the town, too. Indeed, that business, along with a new Northeast Utilities substation and the GreatHorse country club, have added to the town coffers through the property taxes they pay. It’s in large part thanks to those businesses that the town was able drop its tax rate last year from $19.36 to $19.29.

“I don’t think there are many communities in Western Mass. that were able to do that,” he said.

Mane Street

The 260-acre GreatHorse golf club, built on the site of the former Hampden Golf Club for a price tag in the neighborhood of $55 million, would be an asset to any town, said Bryan Smithwick, the club’s general manager. “We’re a major contributor of taxes to the town, and we play a major role in providing infrastructure support and community support.”

During its high season, the year-round facility employs 150 to 160 people, most from the local community, and about 75% of the club’s 300-and-climbing membership lives within a 20-minute drive, with a fair amount coming from Hampden.

Bryan Smithwick

Bryan Smithwick says the social fabric of GreatHorse and Hampden are very similar in that they are both tight-knit communities.

While it might surprise some to find the opulent facility in such a small town, Smithwick says the club is thriving not in spite of its location in the tiny burg, but because of it.

“The social fabric that makes up Hampden and the social fabric that is part of the GreatHorse culture are very similar to each other. Hampden is such a tight-knit community, and GreatHorse is the same,” Smithwick said. “Some of the members have known each other their entire lives. Some met last week and now play rounds of golf together. That small-town, family culture is a huge part of our success.”

GreatHorse, like Rediker, also gives back to the local community — through such things as sponsorship of benefit events and collaboration and internship programs with local schools.

With GreatHorse’s growing popularity, Smithwick said owner Guy Antonacci would like to add overnight lodging for its guests. But because the entire town is served by a well and septic system, the potential for such growth is limited.

The club has approached the town about the feasibility of bringing town water and sewer to the facility, something Flynn says is under consideration.

“That would be nice for them,” he said, “but anything we do has to be right for Hampden.”

That said, Flynn says he sees potential in the proposal, which would bring water and sewer into Hampden to service the western part of town, including the school, the senior center, the police station, and parts of the business district.

“If they were connected to city water, you could see some good growth there, and it’s a place people could work. People in town would love a five-minute commute,” he said. “If we could get the business district built up, the potential is staggering. I’m stunned at the possibilities.”

The goal, as always, will be to help the town fulfill its vast potential, while always meeting that mission Flynn mentioned earlier — maintaining what makes Hampden Hampden.

Environment and Engineering Sections

Keeping Current

A paddlers group celebrates today’s Connecticut River.

A paddlers group celebrates today’s Connecticut River.
Photo by Craig Norton Photography

When the Connecticut River Watershed Council was formed in 1952, its leaders brought attention to the river’s obvious problems, most notably the raw sewage floating in it. Sixty-five years later, the organization, which recently rebranded as the Connecticut River Conservancy, has assembled a long record of not only cleanup, but dam removals and other efforts to protect wildlife, advocacy for environmental issues at the state and national levels, and public engagement that has connected thousands of volunteers with efforts to create a healthier watershed. And they’re only getting started.

In 1959, seven years after helping to found the Connecticut River Watershed Council, Dr. Joseph Davidson embarked on a week-long source-to-sea trip — from the river’s source, Fourth Connecticut Lake in New Hampshire, near the Quebec border, to Long Island Sound — to highlight the problem of river pollution.

Dr. Joseph Davidson brought attention to the Connecticut River filth levels in 1959.

Dr. Joseph Davidson brought attention to the Connecticut River filth levels in 1959.

During its first decade, in fact, the CRWC spent much of its energy raising public consciousness about what was then described as “America’s best-landscaped sewer.”

Much has changed since then, both along the river itself and in the CRWC, which rebranded in April as the Connecticut River Conservancy (CRC). To celebrate those changes, the organization’s director, Andrew Fisk, is repeating Davidson’s 400-mile trek with what he’s calling the Jump In Journey, this time focusing on the many ways people enjoy the river, rather than reasons to actively avoid it.

“We’ve had a tremendous amount of success in 65 years, and we want to celebrate that, but also highlight the work that still needs to be done,” he told BusinessWest two days before beginning the trip, which began at the river’s source on July 16 and will end at the sound in Connecticut on July 30. “We’ll be traveling by many different modes to celebrate the ways people love the river.”

Fisk and a few traveling companions will navigate the river via canoes, kayaks, motorboats, dragon boats, sculls, handmade boats, swimming, scuba diving, even waterskiing, taking part in community events along the way. In addition, he’s organizing ‘splash mobs’ at various locations to draw in locals.

Andrew Fisk

Andrew Fisk with water samples from various spots along the Connecticut River watershed being tested in CRC’s lab.

The fact that Fisk can do all this without wading through raw sewage, as Davidson did, is reason for celebration, but the board of the CRC considers this rebranding year just the beginning, with plenty of work ahead.

“We’re the second-oldest watershed organization in the country — not environmental organization, but watershed organization,” Fisk explained. “We were started in 1952 by a group of local citizens, business leaders, and elected officials who thought they might be able to address quality of life and quality of the environment on a regional scale, by doing it from a watershed perspective. That was unique at the time.”

Those early years were largely informational, he explained, with members compiling reports, figuring out what they knew about the watershed — which covers 11,000 square miles in four states — and determining what issues they should be working on.

In the 1960s, the group became more active in specific projects, such as advocating for the creation of the Springfield Water and Sewer Commission, spearheading land-conservation efforts, and developing strategies for oil-spill control and cleanup at a time when barges moved huge amounts of crude up and down the river.

When Fisk arrived in 2011, the board had just completed a strategic plan for the coming years, which boiled down to growing into its mission and “doing good work well,” a concept he would come back to more than once during his talk with BusinessWest.

With the rebranding, Fisk said, the Greenfield-based CRC is putting a new face on the organization, one aimed at growing its work further and bringing more partners into the fold.

“That goes back to how this organization works,” he said. “It means collaborating and supporting other organizations and bringing a variety of people to the table to deal with these issues. We knew in 1952 we couldn’t do it all. We worked to create local watershed organizations, and today we do work with many smaller organizations and also collaborate with regional and national groups.”

All of that is aimed at turning the Connecticut River into a waterway that’s protective of wildlife, welcoming to migratory fish, and safe for swimmers and boaters. Davidson’s journey, after all, was just the beginning.

Rising Tide

With 10 full-time employees, and revenues that have grown from $480,000 in 2011, when Fisk arrived, to $1.8 million this year, the CRC has grown in myriad ways. “We have very generous supporters and believers in their river,” he said. “That’s the realization of the board’s aim to grow the organization and do more work and do it well. We’re definitely succeeding.”

It does so though three basic missions: Advocacy, public engagement, and restoration.

A deadbeat dam in Groton, Vt.

A deadbeat dam in Groton, Vt. is removed, one of dozens of similar projects the CRC has tackled to make the waterway more welcoming to wildlife.

“We’re an advocacy organization, so we argue for ambitious water-quality standards,” he told BusinessWest. “We certainly have high expectations for our rivers and streams, and that’s why we work hard to get public investment in things like sewer and water systems. We advocate for strong regulations because it’s important to recognize the rivers as a public trust.”

Fisk then explained what public stewardship of the river means to him.

The law says you, as a member of the public, can set the standards. Sixty-five years ago, we had recreational goals, but now, we’ve set the goals much higher. We’ve succeeded, and we know that when you have cleaner, healthier, and more abundant natural resources, your economy flourishes, and quality of life flourishes. We want to see both economic and ecological abundance, and we do that through advocacy.”

“The law says you, as a member of the public, can set the standards. Sixty-five years ago, we had recreational goals, but now, we’ve set the goals much higher. We’ve succeeded, and we know that when you have cleaner, healthier, and more abundant natural resources, your economy flourishes, and quality of life flourishes. We want to see both economic and ecological abundance, and we do that through advocacy.”

The second arm, engaging the public, involves giving people opportunities to collect information that can be used to improve the health of rivers and streams.

“We measure water quality for bacteria, provide people with opportunities to restore freshwater mussels, which do a tremendous amount of work in filtration, and help people remove invasive aquatic plants, the kind of plants that choke waterways and affect the ecosystem and recreation,” he explained. “We have 900 people on the e-mail list, and they’re people who want to do something.”

The “Is It Clean?” initiative, for example, solicits local groups, municipalities, schools, and individuals to monitor for bacteria and post information on a collaborative, interactive website that gives a color-coded bacteria reading for 150 different spots along the river, May through October. They can either test the water themselves or send it to the CRC’s in-house lab.

“You then make your own decision. We don’t tell people to stay out of the water,” he said. “Instead, we’re saying, ‘here’s the information; you take your own risk.’”

These public-engagement efforts, he said, can fill in the gaps where government agencies can’t reach, and also helps cultivate a more sophisticated public that understands environmental issues at the scientific level, are willing to engage in discourse on the issues, and are less likely to be swayed by pseudoscience and climate-change denial.

The CRC’s third point of focus, restoration, requires the most resources in terms of both money and time. One of the goals is to make the river a welcoming place for fish swimming up from the ocean to spawn and multiply. Many of the habitats they might use, however, have been blocked by dams and other barriers.

“The river doesn’t smell anymore — it’s not raw sewage — but what’s missing? There should be millions and millions of migratory fish moving up and down the river, but there aren’t,” Fisk said, due partly to defunct dams and improperly designed culverts. “These are impediments to migratory fish. So we do dam removals, upgrade culverts, repair riverbanks, and plant trees and native vegetation to rebuild the riverbanks.”

The dams are often abandoned mill dams, ranging from four to 20 feet tall. Municipalities are typically grateful for the CRC’s work, as dam-removal projects often lie dormant because there’s no budget for them. “We bid these projects out to excavators and contractors, and we do the final tree planting and restoration work. Basically, we offer turnkey services for these projects.”

These projects reconnect habitats and make communities and individual landowners more adaptable to a changed climate, Fisk said, as well as bringing beneficial flood impacts. “It’s not going to stop flooding, but it will reduce the damage from flooding and make property owners more resilient.”

Just Keep Swimming

The CRC’s next highly visible project will be its annual Source to Sea Cleanup — slated for Sept. 22-23 — which is a comprehensive trash cleanup of the Connecticut River system along the four-state watershed, including rivers and streams, shorelines, parks, boat launches, and trails.

Each fall, volunteer group leaders coordinate local cleanup sites where thousands of participants of all ages and abilities spend a few hours picking up trash. The CRC uses trash data collected during the cleanup to support legislation and other efforts to keep trash out of the environment. That might mean expanding bottle bills to put a deposit on more plastic bottles, making curbside recycling easier and more accessible, and requiring tire manufacturers to run free tire-disposal programs to discourage illegal tire dumping.

The Connecticut River Conservancy

The Connecticut River Conservancy, formerly the Connecticut River Watershed Council, has been based in Greenfield since its inception 65 years ago.

“We also do work to install and increase recreational infrastructure — opportunities for people to get to and enjoy the river in different ways, and help us build business opportunities through recreation,” Fisk said, efforts that include advocating for the completion of the Connecticut River Paddlers Trail, a network of campsites and access points to help lovers of the outdoors navigate the entire length of the river.

Meanwhile, the CRC continues to pursue affiliations with smaller watershed associations, providing the administrative and educational services that will allow affiliates to focus more on programming.

In short, the Connecticut River Conservancy isn’t slowing down. And with climate change presenting what Fisk calls “the most important issue that’s in front of us,” those efforts are more than justified.

“I think there’s a widespread understanding of climate change. People are invested in knowing what it means for them, what they can do, and, in this current political climate, what the initiatives coming out of Washington, D.C. might mean.”

It really boils down, he continued, to that idea of a public trust, of responsibility to each other.

“Living in a watershed means something you do at your home is going to have consequences for people downstream. A farmer in Vermont has an obligation to Long Island Sound. I think people understand that.”

If they don’t, Fisk hopes his current two-week journey — one far cleaner and more pleasant than the one Dr. Joseph Davidson took — will remind them.

Joseph Bednar can be reached at [email protected]

Health Care Sections

Some Straight Answers

By Kathleen Mellen

Dr. Linda Rigali shows off a model of traditional braces

Dr. Linda Rigali shows off a model of traditional braces, which have been replaced for many patients by newer, more cutting-edge models.

Dental care has come a long way in the past few decades, with high-tech equipment, less noticeable materials, and less intrusive procedures the order of the day. For proof, look no further than how the art and science of braces have evolved. In short, area dentists say, there’s never been a better time to straighten those teeth.

As long as there have been mouths to feed, there have been crooked teeth. And since ancient times, it seems, we’ve been trying to fix them.

As early as 400-300 BC, the Greek physician Hippocrates was looking for ways to align teeth, and there’s archeological evidence that ancient people sometimes wrapped metal bands around their teeth, presumably in an effort to straighten them. Apparently, even Cleopatra wore braces.

While no one knows for sure how effective those early efforts were, experts say the ancients were on the right track, applying sustained pressure to teeth in an effort to move them into a more favorable position.

It’s essentially the same thing we do today, albeit with much more elegant systems (and presumably less pain), through the practice of orthodontics, a dental specialty that deals with the diagnosis, prevention, and correction of teeth that are not properly aligned.

Modern-day orthodontics was born when, in 1728, French dentist Pierre Fauchard first used a device called a Bandeau, a horseshoe-shaped piece of iron that helped expand the palatal arch. By the mid-19th century, orthodontia was recognized as a science, and by 1901, orthodontists had their own scientific organization, the American Society of Orthodontics, which evolved in the 1930s to the American Assoc. of Orthodontists.

Early training was minimal. The first school of orthodontics, which opened in 1899, offered a three- to six-week course for dentists. Today, the training is extensive, and generally includes four years of undergraduate study, four years of graduate study at a dental school, and two years of post-graduate study in orthodontics.


You literally had to tie the teeth into the wires, and there was a lot more force involved. Today’s braces are tiny, and are bonded onto the teeth, rather than tied around them.”

Just as education has changed over the past century, so, too have materials and techniques, improving outcomes, as well as the patient experience — and much of that has occurred in just a generation or two.

Not Your Grandmother’s Braces

As braces gained popularity during the 20th century, dentists wrapped bands around each tooth and connected them by a wire, inserted into brackets, or braces, that were cemented to the teeth. Gold and silver were popular materials, although each had its drawbacks: gold was expensive and soft, requiring more frequent adjustments; silver was less expensive, but also less malleable.

Dr. Linda Rigali

Dr. Linda Rigali says braces can treat issues like overbites, underbites, crowding, excess spacing, and asymmetries.

Those materials were largely replaced by stainless steel in the early 1960s, but, even then, braces were bulky and uncomfortable, said Dr. Linda Rigali of Rigali & Walder Orthodontics in Northampton.

“You literally had to tie the teeth into the wires, and there was a lot more force involved,” Rigali said. “Today’s braces are tiny, and are bonded onto the teeth, rather than tied around them.”

Materials have improved further since Rigali opened her practice 31 years ago. “We use nickel-titanium, which holds its shape and gets more active with body temperature,” she said. “They very slowly express the forces over a period of time. It’s just as effective as the old ones, but definitely a lot more gentle,” and not as painful as some adults might remember from their own childhoods.

That might help account for the fact that more than 4 million people in the U.S. are undergoing orthodontic treatment, according to the American Assoc. of Orthodontists (AAO).

A century ago, most patients made their first trip to an orthodontist in their 20s, but today, the AAO recommends children see an orthodontist at about 7 years old, when the permanent teeth are emerging, to evaluate whether they will need braces and, in some cases, to do interceptive treatments that can change problematic growth patterns. Indications for treatment with braces are predominantly functional, Rigali says, and can include overbites, underbites, crowding, excess spacing and asymmetries.

Once a need for braces is established, a treatment plan will be devised. A first visit will include a thorough examination, close-up photographs, and X-rays, which have also changed for the better, Rigali says, since she joined the profession.

“Thirty-one years ago, we were hand-dipping X-rays in a dark room,” she said. “Now that’s all digital — we get it all on the computer.”

Among the more dramatic recent advances is the use of nearly invisible Invisalign braces, which are taking off in the industry; about 35% of Rigali’s patients now use the clear, flexible, lightweight plastic aligners that combine advanced 3-D computer-graphics technology with the 100-year-old science of orthodontics.


We do a three-dimensional scan, get a virtual model on the computer, then I can move the teeth, on the computer, through all the stages. Once I have the staging the way I want it, the company produces a series of clear plastic aligners. They’ve got a couple hundred bioengineers working on the process. This has changed things a lot.”

While the theory is much the same as traditional braces — that slow, steady pressure will move teeth — the material and the treatment plan are revolutionary, Rigali said.

“We do a three-dimensional scan, get a virtual model on the computer, then I can move the teeth, on the computer, through all the stages,” she told BusinessWest. “Once I have the staging the way I want it, the company produces a series of clear plastic aligners.” Each set is worn for two weeks, and then is switched out for the next, she added. “They’ve got a couple hundred bioengineers working on the process. This has changed things a lot.”

For example, the use of 3-D scanning technology has nearly eliminated the need for dental impressions, which require pressing a tray of gooey material into the top and bottom teeth.

“It’s the hottest thing now,” said Dr. Janice Yanni, owner of Yanni Family Orthodontics (YFO), who utilizes the ITero Element Scanner in each of her offices, in Longmeadow, West Springfield, and Tolland, Conn. “Our practice is going impressionless — so no more gagging on those impressions.”

Dr. Janice Yanni says she takes advantage of modern technology to make visits fun for patients.

Dr. Janice Yanni says she takes advantage of modern technology to make visits fun for patients.

The advent of the Invisalign braces in 1997 might well have contributed to the 40% rise in the number of adults who sought orthodontic treatment between 1996 and 2015, as reported in the Wall Street Journal. About 20% of Rigali and Yanni’s patients are adults, and many request Invisalign braces, which are used by about 30% of Yanni’s patients in total.

Form Follows Function

As the practice of orthodontics has changed, so, too, have orthodontists’ offices, says Craig Sweitzer, the owner of Craig Sweitzer & Co. General Contractors, who has built some 200 dental offices over his 34-year career.

“When we began, there was different equipment, different decorations — it was a whole different feel,” he said. “The equipment drives the design, and the stress nowadays is to keep things clean, uncluttered, and to hide the equipment. It’s become more friendly-looking.”

In Yanni’s Longmeadow office, for example, there are no visible hoses, lines, cables, or orthodontic tools, even in the treatment room, where, as is typical in orthodontists’ offices, multiple bays are set up in a single, large room for fittings and adjustments. Extra-bright ceiling lights have eliminated the need for the bulky workstation lamps that used to loom overhead, so patients can chat with family members or watch a movie on one of the large, flat-screen TVs mounted on the wall. (“The hot movie right now is Beauty and the Beast,” Yanni said.)

Sweitzer says he and his sons Michael and Brian, who have joined their father’s company, work closely with the doctors on office design.

“It’s nice to control the project, get a relationship with the doctor, from square one,” said Michael Sweitzer, who designed and built Yanni’s Longmeadow office. “It’s really cool, drawing it, then seeing it come to life.”

The company does collaborate with architects, as is required by law. “In Massachusetts, you have to have a registered architect to pull a building permit for a commercial project, anything over 35,000 cubic feet,” Craig Sweitzer said.

Having Fun

There’s more to keep up with these days than advances in the science and technology of orthodontics, and practices like Yanni’s and Rigali’s take advantage of interactive and social media to help make the experience a pleasant one for their tech-savvy young customers.

At Yanni’s Longmeadow office, for example, patients can use one of four iPods set up at a station in the waiting room, designed by Michael Sweitzer with input from an IT specialist.

In addition, YFO sponsors a number of online contests, including #YFOPromPosals, in which patients submit photos of themselves asking someone to the prom to the practice’s Instagram and Facebook pages. They earn points for likes and shares, and the winner receives up to $250 to cover the cost of hair, flowers, and transportation for the prom. (Incidentally, YFO can be found on Snapchat as well.)

Rigali & Walder also holds virtual contests, such as Where in the World is Rigali and Walder Orthodontics? and Hero Dad, which are designed to keep young patients entertained and engaged.

“You’ve got to make it fun,” Yanni said.

Much of today’s research in orthodontia focuses on the biology of tooth movement, and looking for ways to speed up the process. “Everybody wants it done faster,” Rigali said.

One new device, AcceleDent, appears to move things along. Used with traditional or Invisalign braces, the vibrating mouthpiece is worn for 20 minutes a day to stimulate bones, which leads to faster bone remodeling.

“There are studies that show it is speeding tooth movement up to 30% to 50%,” Rigali said. “Studies are still coming out, but we’ve seen some really great results with this.”

Another promising technique, Propel Orthodontics, uses micro-osteoperforations to accelerate tooth movement and bone regrowth.

“We make little perforations right through the gum tissue into the bone. That sets up a wound response that gets the bone metabolism to go faster,” Rigali told BusinessWest. “This has some very legitimate studies; it is based on really good, sound research.”

In spite of advancements that promise to hasten the process, Yanni cautions her patients that there are no quick fixes. She tells them to plan to commit to a two- or three-year period, and once those teeth are straight, a retainer will still be required to keep them from moving back.

“There is no instant gratification in the world of orthodontics,” she said. “You’re either in it, or you’re not.”

Building Permits Departments

The following building permits were issued during the month of July 2017.

AGAWAM

Genesis Health Ventures of Massachusetts Inc.
65-67 Cooper St.
$10,000 — Construct cement housekeeping pad for generator

Town of Agawam
68 Main St.
$26,179 — At Agawam Middle School, install four concrete equipment pads, infill masonry opening, cut opening in existing chimney stack for new fire-rated access door, remove existing louver and reinstall panel in its place for two new boilers

Walnut Plaza, LLC
365-385 Walnut St. Ext.
$2,000 — Install laundry room for new massage-therapy business

CHICOPEE

Kirby Ward
21 Alvord Ave.
$10,250 — Roofing

DEERFIELD

Yankee Candle
25 Greenfield Road
$50,000 — New roof over restaurant area

Yankee Candle
25 Greenfield Road
$222,210 — Cosmetic changes to restaurant kitchen

EASTHAMPTON

Polish Pulaski Club
79 Maple St.
$12,000 — Install hood system with associated ductwork

Tubed Products
44 O’Neill St.
$90,000 — Roofing

Williston Northampton School
191 Main St.
$75,000 — Interior renovations to convert from dormitory to single-family apartment unit

Willison Northampton School
87 Park St.
$22,100 — Roofing

EAST LONGMEADOW

Heritage Park Plaza
436 North Main St.
$5,500 — Commercial interior renovations

Reflections by Claudia
87 Shaker Road
$35,000 — Commercial alterations

GREENFIELD

Center for Human Development
102 Main St.
$150,000 — Build out dental suites

Center for Human Development
102 Main St.
$82,100 — Renovate existing fire-sprinkler system

Greenfield Corporate Center, LLC
101 Munson St.
$125,000 — Remodel existing space for Massachusetts Rehabilitation Commission

Quality Realty Partners II, LLP
55 Federal St.
$136,000 — Renovate interior office space

Rachael Katz
229-231 Main St.
$55,972 — Remove metal facing on front and sides of building, rebuild front of building

HADLEY

Gary Pelissier
1 Russell St.
Install concrete pad for above-ground storage tank

W/S Hadley Properties II, LLC
337 Russell St.
$3,400 — Remove and replace three wall signs at Walmart

LUDLOW

Heron Machine & Engineering
100 State St.
$4,000 — Commercial alterations

Ludlow Mill Housing
68 State St.
$14,000 — Two non-illuminated signs

Tony Nails
263 East St.
$1,100 — Two non-illuminated signs

NORTHAMPTON

94 Industrial Drive, LLC
94 Industrial Dr.
$27,000 — Roofing

94 Industrial Drive, LLC
94 Industrial Dr.
$29,500 — Install truck ramp with retaining wall and overhead door, install new overhead door

100 Main St. Florence, LLC
100 Main St.
$75,000 — Interior renovations for a new law office

American Benefits Group
320 Riverside Dr.
$38,000 — Remove built-in partitions to install cubicles

City of Northampton
170 Glendale Road
$19,000 — Replace antenna, add radio heads at leachate treatment facility

Continental Cablevision of Western New England Inc.
790 Florence Road
$90,000 — Add ground equipment, cables, and three antennas to existing guyed tower

Emerald City Partners
17 New South St.
$44,980 — Frame interior walls, install two entry doors and three bifold doors, install trim

Gandara Mental Health Center Inc.
18 Summer St.
$38,443 — Strip and shingle roof, repair chimney

McDonald’s Corp.
221 King St.
$395,000 — Update exterior of building, remove building arcades, configure drive-thru for side-by-side layout, interior remodel including dining area and restrooms, new roof, ADA updates

Pioneer Contractors
32 Masonic St.
$82,000 — Replace windows

Smith College
123 Elm St.
$25,000 — Remove and replace three antennas and related accessories for AT&T

Smith College
102 Lower College Lane
$70,500 — Convert decommissioned stairs to former balcony into storage space

Smith College
186 Elm St.
$550,000 — Remodel space for first-floor laundry, bathroom, kitchenette, and lounge area

Thornes Marketplace, LLC
150 Main St.
$25,000 — Remove and improve facade Suite 170, replace five windows, and relocate non-structural partition wall

Unique Lodging, LLC
74 Bridge St.
$241,500 — Add three-season room, deck, and elevator

PALMER

Baystate Wing Hospital
40 Wright St.
$269,900 — HVAC duct systems for the hospital and Emergency Department expansion

MPact
1659 North Main St.
$31,500 — Roofing

St. Joe’s Club
18-20 Commercial St.
$29,000 — Roofing

SPRINGFIELD

Baystate Health
759 Chestnut St.
$804,650 — Interior renovations to North Cafe at Baystate Medical Center

Howard Belliveau
1414 Main St.
$478,043 — Tenant fit-out in former bank space for a new bank space

Mercy Medical Center
175 Carew St.
$141,100 — Renovation to existing space

Springfield College
263 Alden St.
$95,000 — Remove existing floor and wall; frame new walls; install new finishes, ceiling, wall and floor tile in Cheney Hall

WARE

Charbonneau Funeral Home
30 Pleasant St.
$25,000 — Remove wall and ceiling covering, insulation, replace wiring, heating, new wallboard and trim

WS Development, LLC
352 Palmer Road
$5,000 — Two signs

WEST SPRINGFIELD

Drew Moyes
958 Riverdale Road
$4,400,000 — Construct new structure to house dryer process equipment at Agrimark building

Salamon Realty
103 Myron St.
$45,849 — Roofing

Superior Auto Properties
501 Memorial Ave.
$41,895 — Roofing

Briefcase Departments

Confidence Rises in June Among Massachusetts Employers

BOSTON — Massachusetts employer confidence rose for the ninth time in 10 months during June amid optimism about an economy that is finally attracting more people into the workforce. The Associated Industries of Massachusetts (AIM) Business Confidence Index rose one point to 61.8 last month, leaving it 5.7 points higher than a year ago. The Index has gained ground in each of the past two months after slipping in April. The results come a month after state officials reported a long-awaited expansion of the Massachusetts labor market; the labor-force participation rate rose to 66.7% in May, its highest mark since before the Great Recession. “Employer confidence in both the state and national economies remains well above the level we saw a year ago, especially among manufacturers,” said Raymond Torto, chair of AIM’s Board of Economic Advisors (BEA) and lecturer at Harvard Graduate School of Design. “Key Massachusetts indicators such as total jobs, wages, and gross state product far exceed pre-recession levels, and that is outweighing concerns about long-term growth.” The AIM Index, based on a survey of Massachusetts employers, has appeared monthly since July 1991. It is calculated on a 100-point scale, with 50 as neutral; a reading above 50 is positive, while below 50 is negative. The Index reached its historic high of 68.5 on two occasions in 1997-98, and its all-time low of 33.3 in February 2009. The index has remained above 50 since October 2013. The constituent indicators that make up the overall Business Confidence Index were mostly positive during June. The Massachusetts Index, assessing business conditions within the Commonwealth, gained 2.1 points to 64.2, leaving it 5.7 points higher than in June 2016. The U.S. Index of national business conditions rose 2.8 points to 57.4 despite lingering uncertainty about federal economic policy. June marked the 87th consecutive month in which employers have been more optimistic about the Massachusetts economy than the national economy. The Current Index, which assesses overall business conditions at the time of the survey, rose 1.5 points to 61.9, while the Future Index, measuring expectations for six months out, increased 0.4 points to 61.7. The Future Index was 5.1 points higher than a year ago. The Company Index, reflecting overall business conditions, was unchanged for the month at 62.4 and up 4.7 points during the 12-month period. The Employment Index fell 0.4 points to 58.1, while the Sales index rose 0.6 points to 62.6. The AIM survey found that 39% of respondents reported adding staff during the past six months while 18% reduced employment. Expectations for the next six months are stable, with 38% expecting to hire and only 10% downsizing. Alan Clayton-Matthews, a professor in the School of Public Policy and Urban Affairs at Northeastern University, said the supply of workers remains one of the most important factors in the ability of Massachusetts to maintain long-term economic growth. “There is little slack left in the labor market,” he said. “Unemployment rates are back to pre-recession levels, and employment rates are very close to pre-recession levels. The slack that does remain is largely among young workers, those with less than a high-school education, and part-time workers who have been unable to find full-time work, suggesting that many workers lack the skills that employers are seeking.” Overall participation in the labor force nationally has hovered below 63% during the recovery, compared with more than 66% before the recession. Eastern Mass. companies were more confident in June than those in the western portion of the Commonwealth, posting a 61.8 confidence reading in June versus 60.8 for Western Mass. employers. AIM President and CEO Richard Lord, also a BEA member, said employers are increasingly concerned about a passel of potentially expensive and disruptive Beacon Hill proposals, including a surtax on incomes more than $1 million, paid family leave, and an employer assessment to close a budget gap in the MassHealth program. “Massachusetts employers have led what is now one of the longest and most consistent economic recoveries of the past 100 years. Much of that growth reflects the fact that policymakers have refrained from unnecessarily raising business costs and imposing inefficient regulation,” Lord said. “We look forward to working with the Legislature and the Baker administration to ensure that those policies continue.”

Gaming Commission Approves Workforce-development Grants

SPRINGFIELD — Members of the Massachusetts Gaming Commission (MGC) approved close to $600,000 in grants — including two for the city of Springfield — for a workforce-development pilot program designed to fund gaming career pathways for local residents. The Workforce Program is a component of the 2017 Community Mitigation Fund, which was established by the state’s gaming law to help entities offset costs related to the construction and operations of gaming establishments. The Workforce Program was developed to provide interested residents in gaming regions the ability to attain academic and occupational credentials needed to work in the most in-demand occupations related to the gaming industry. Additionally, it was established to assist the unemployed or underemployed to either get their GED or Adult Basic Education, which would position them to get future jobs in the casino industry or training in advance by the backfilling of jobs. The two initiatives in Springfield include:

• $171,833 for a program the Springfield Public Schools is working to establish called Ahead of the Game, which will target low-skill, low-income adults interested in pursuing long-term careers with MGM Springfield; and

• $200,000 for Hampden Prep, an initiative involving Springfield Technical Community College in collaboration with Holyoke Community College to develop and implement an innovative high-school-equivalency and workforce-readiness program.

“Workforce-development programs are a critical component of job creation, economic opportunity, and the Commonwealth’s ability to meet gaming’s burgeoning hiring demand,” said MGC Chairman Steve Crosby. “MGC looks forward to further collaborations as we continue to work together to ensure that we are able to deliver on our legislative mandate to establish a highly skilled and diverse Massachusetts workforce for the state’s new casino industry.”

Single-family Home Sales in Pioneer Valley Down in May

SPRINGFIELD — Single-family home sales were down 6.9% in the Pioneer Valley in May compared to the same time last year, while the median price rose 1.2% to $204,500, according to the Realtor Assoc. of Pioneer Valley. In Franklin County, sales were down 1.7%, while the median price rose 8.2% from a year earlier. In Hampden County, sales were down 7.4%, while the median price was up 1.9%. And in Hampshire County, sales fell 4.2% from May 2016, while the median price was up 2.5%.

Painted Piano Performances Begin in Downtown Springfield

SPRINGFIELD — Residents, employees, and visitors to Springfield have recently been treated to a series of unusual art installations downtown: painted pianos. Three beautified, moralized, upright units were decorated and placed throughout the Springfield Central Cultural District (SCCD) in early June, with the mission to bring music to the people, and people to the streets. The locations are at 1350 Main St., the Shops at Marketplace, and 1550 Main St. Now, professionals will be playing every Wednesday during lunch. “We’ve seen such a diverse crowd interacting with this public art,” said Morgan Drewniany, executive director of the SCCD. “I saw a construction worker on his break playing a beautiful classical piece at 1350, and videos of children delighted by tinkling the keys at 1550, the School Department building. We want to continue this excitement by programming the pianos.” Local professional pianists will be playing on the painted pianos during the 12-1 p.m. lunch hour. Pedestrians are invited to leave their offices to stop by, or simply enjoy the music on their walk. Programming will continue every Wednesday through August, but between performances, the public is still invited to stop by at their leisure. Springfield Mayor Domenic Sarno is scheduled to receive his first piano lesson ever on the unit at 1350 Main Street. “Following the mayor’s excitement for the project, we’re even having a special performance on August 9,” said Drewniany. This programming is made possible by individual and organizational sponsors, including the Doleva family, Lessard Property Management, NAI Plotkin, Rus Peotter, Sarno, Springfield Techinical Community College, and state Sen. James Welch. Funding for the pianos was provided by the Springfield Cultural Council, the Community Music School of Springfield, and ChooseSpringfieldNow.com.

CAA Begins Roadway Reconstruction at Bradley International Airport

WINDSOR LOCKS, Conn. — The Connecticut Airport Authority is beginning the reconstruction and realignment of the main Bradley International Airport entrance roadway at Route 20 and Schoephoester Road. The work will involve the realignment of Schoephoester Road along with a portion of the airport’s lower roadway system, as well as the construction of a modern roundabout. The project will provide a new entrance to the airport from Route 20 and open up a 19-acre site for the future development of Bradley’s ground transportation center. The construction will not interrupt access to the airport from the Route 20 connector. However, there may be slight delays due to the shifting and reduction of lanes. Construction signs and variable message boards are present along the roadway to alert motorists of any changes in traffic patterns. The project will consist of six phases of work and is scheduled to be completed by the fall of 2018. Regular updates will be provided to the public during this time period. “This project begins our preparations for the development of our new, state-of-the-art ground transportation center,” said Kevin Dillon, executive director of the Connecticut Airport Authority. “We anticipate minimal impact to our passengers; however, it is important for them to be aware of the construction.” For more information about this project, visit www.flybdl.org/about/construction.

Agenda Departments

Scramble Golf Tournament

Aug. 12: I Found Light Against All Odds will present its first annual Scramble Golf Tournament scholarship fund-raiser. The festivities will include golf, food, raffles, and more. The tournament will take place at Veterans Memorial Golf Course, with tee times starting at 11 am. Tournament admission fee is $100 per player, with the top three teams awarded first-, second-, and third-place prizes. Players can register by visiting www.eventbrite.com/e/scholarship-fundraiser-scramble-golf-tournament-registration-35572044944. All money raised from this tournament will go toward awarding scholarships for the 2017-18 school year. The recipients will be formerly at-risk high-school seniors from local high schools, who have overcome the darkness in their lives, now finding the light in education and headed to college.

Real-estate Sales Licensing Course

Sept. 6 to Oct. 12: Beginning Sept. 6, the Realtor Assoc. of Pioneer Valley will sponsor a 40 hour, 14-class, sales-licensing course to help individuals prepare for the Massachusetts real-estate salesperson license exam. The course will be completed on Oct. 12. Tuition is $359 and includes the book and materials. The course curriculum includes property rights, ownership, condos, land use, contracts, deeds, financing, mortgages, real estate brokerage, appraisal, fair housing, consumer protection, and Massachusetts license law, and more. Classes meet Monday, Wednesday, and Thursday evenings from 6 to 9 p.m. at the association office, 221 Industry Ave., Springfield. For an application, contact Joanne Leblond at (413) 785-1328 or [email protected], or visit www.rapv.com.

Walk for Love

Sept. 9: Shriners Hospitals for Children – Springfield will host the eighth annual Walk for Love Walkathon and Barbecue. The Walkathon begins at the hospital and continues through Van Horn Park and back to the hospital for a barbecue. It is an easy, three-mile walk and will be held rain or shine. Registration begins at 9 a.m., followed by the walk at 10 a.m., and the barbecue and entertainment from 11 a.m. to 1:30 p.m. The $25 cost ($5 for children 10 and under, and $40 for families) includes walk registration and T-shirt (to be given on a first-come, first-served basis, while supplies last). Free parking is available at the Boys and Girls Club located directly across from the hospital on Carew Street. To sign up online, visit www.walkforlove.org. For more information, contact Lee Roberts at (413) 755-2307 or [email protected].

Healthcare Heroes

Oct. 19: BusinessWest and the Healthcare News will present the inaugural Healthcare Heroes Awards at the Starting Gate at GreatHorse in Hampden. This new recognition program was created by the twin publications to recognize outstanding achievement across the region’s broad and diverse healthcare sector. Nominations were accepted in a number of categories, including ‘Patient/Resident/Client Care Provider,’ ‘Innovation in Health/Wellness,’ ‘Community Health,’ ‘Lifetime Achievement,’ and many others, and reviewed by a panel of judges (see story, page 13). American International College and Trinity Health are the presenting sponsors of Healthcare Heroes. Additional sponsors are Bay Path University, Baystate Health, Elms College, and Renew.Calm. Nominations will be reviewed by a panel of judges, and the winners will be profiled in the Sept. 4 issue of BusinessWest and the September issue of HCN and honored at the awards ceremony on Oct. 19. Tickets to the event are $85 each, with tables available for purchase. For more information or to order tickets, call (413) 781-8600.

Business & Innovation Expo of Western Mass.

Nov. 2: Comcast Business will present the Business & Innovation Expo of Western Mass. at the MassMutual Center in downtown Springfield, produced by BusinessWest and the Healthcare News. The seventh annual business-to-business show will feature more than 150 exhibitor booths, educational seminars, breakfast and lunch programs, and a day-capping Expo Social. Current sponsors include Comcast Business (presenting sponsor), Johnson & Hill Staffing and Wild Apple Design Group (executive sponsors), Inspired Marketing (show partner), MGM Springfield (corporate sponsor), Isenberg School of Management at UMass Amherst (education sponsor), Xfinity (social sponsor), and the Better Business Bureau (contributing sponsor). Additional sponsorship opportunities are available. Exhibitor spaces are also available; booth prices start at $800. For more information on sponsorships or booth purchase, call (413) 781-8600, ext. 100.

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 DISTRICT COURT

New England Industrial Uniform Rental Service Inc. v. the Mattabassett District
Allegation: Failure to pay for lost, unusable, or damaged garments: $9,282.50
Filed: 6/5/17

Justin Morin v. Chicopee Concrete Service Inc.
Allegation: Non-payment of wages: $15,000
Filed: 6/5/17

Orlando Pagan Jr. p/p/a Maribel Pagan v. Springfield Boys & Girls Club Inc.
Allegation: Injury sustained during youth basketball clinic: $1,613.07
Filed: 6/9/17

Rosa Leo v. the Stop and Shop Supermarket Companies, LLC
Allegation: Slip and fall causing injury: $1,325
Filed: 6/13/17

HAMPDEN SUPERIOR COURT

Thomas Fournier v. Action Air Inc., Paul Chevalier, and Marci Chevalier
Allegation: Unpaid wages, including overtime: $35,000+
Filed: 6/1/17

Daniel Rice v. Smith & Wesson Corp. and Thompson/Center Arms Co. Inc.
Allegation: Product liability, barrel of rifle exploded upon discharge, causing injury: $66,609
Filed: 6/1/17

Barbara Wojick v. Walmart Stores Inc.
Allegation: Slip and fall causing injury: $82,827.16
Filed: 6/2/17

Rachel Ellis v. U-Haul International
Allegation: Employment discrimination: $25,000+
Filed: 6/5/17

Shelly Nichols v. Sabis International Charter School and Ernest Floyd
Allegation: Employment discrimination: $25,000+
Filed: 6/5/17

Manuel Gonzalez v. Noah J. Epstein, M.D. and Holyoke Medical Center Inc.
Allegation: Medical malpractice: $150,000
Filed: 6/14/17

Ellen Davilli, personal representative of the estate of Martin Davilli v. Richard B. Wait, M.D.; David L. Penner, M.D.; William J. Wagner, M.D., and Stephanie Jones, RN
Allegation: Malpractice: $25,000+
Filed: 6/21/17

Pride Convenience Inc. v. Anderson Services, LLC
Allegation: Money owed for goods sold and delivered: $31,983.60
Filed: 6/26/17

Caroline Wilson v. M & M Comfort Zone Inc.
Allegation: Negligence causing injury, struck by dolly moving fixtures: $26,110
Filed: 6/30/17

HAMPSHIRE DISTRICT COURT

Weston Agricultural Products Inc. v. Hakala Brothers Corp.
Allegation: Money owed for goods and services provided: $11,900
Filed: 5/8/17

Scott R. Rhodes v. Aaron Scott d/b/a Artisan Builders & Craftsmen
Allegation: Breach of contract, failure to return deposit: $8,350
Filed: 5/31/17

Mary Wiseman v. Demoulas Supermarkets Inc. d/b/a Market Basket
Allegation: Negligence, slip and fall causing injury: $24,999
Filed: 6/12/17

Daily News

NORTHAMPTON — Royal, P.C. congratulates Tanzania (Tanzi) Cannon-Eckerle on her honor as one of the Top Women of Law, as published by Massachusetts Lawyers Weekly. The award was presented for her efforts in the diligent practice of law, community involvement, and high ethical standards.

Cannon-Ecklerle currently serves as owner, general manager, and general counsel for Brew Practitioners in Florence. She successfully balances this with her role as chief development officer at Royal, P.C. She is the third attorney from the firm to be bestowed this award; previous Royal honorees include Amy Royal (2012) and Rosemary Nevins (2013).

Banking and Financial Services Sections

Mid-year Tax Moves

By Kristina Drzal Houghton, CPA, MST

 

Kristina Drzal-Houghton

Kristina Drzal-Houghton

Most people don’t include tax planning on their summertime agenda, but maybe they should.

The problem with waiting until the end of the year is that you reduce the time for planning strategies to take effect. If you take the time now to do mid-year tax planning, you’ll still have six months for your actions to make a difference on your 2017 tax return.

In addition, proposed tax reform could be cause for additional changes to your tax plan. Planning now for 2017 taxes not only helps reduce your tax burden, but it can help you gain control of your entire financial situation.

This year may seem especially tricky with the uncertainty of potential changes in the tax laws. This article is going to focus on planning assuming there is no change, since executives, lobbyists and Wall Street analysts increasingly believe the administration — distracted by repeated crises while facing a short and crowded legislative calendar — will be unable to deliver on President Trump’s promise to slash corporate and individual tax rates this year and ignite significantly faster economic growth.

While Hill Republicans argue that ongoing issues related to the current administration will have no impact on tax reform, movement on Capitol Hill has slowed momentum and emboldened Democrats to try to block Republicans’ every move. And Wall Street analysts believe it will help push tax reform into 2018 and perhaps even beyond next year’s midterm elections.

Here are a few things you should consider.

Assess Changes That Affect Your Situation

Have you experienced any life events that can change your tax situation? Here are some examples:

• A job change. If you are eligible for a distribution from your former employer’s retirement-savings plan, consider rolling the money into another tax-favored plan or an individual retirement account (IRA) to avoid the receipt of currently taxable income.

• A home sale. You may exclude profit — within limits — on the sale of your principal residence from your taxable income if you meet the tax law’s requirements.

• A marriage or divorce. File a new W-4 withholding allowance certificate with your employer, or, if you pay quarterly estimated taxes, review the amount you are paying.

• A new child arrives. As a parent, you may be eligible for various tax breaks.

Size Up Deductions and Credits

Use last year’s tax return to estimate what your highest tax bracket will be and how you can reduce your tax liability through deductions and credits. For instance, you might make deductible charitable donations of money or property to reduce your marginal tax rate.

This might be particularly important for 2017 since rates are expected to decrease in the future.

Examine Your Investment Portfolio

You can harvest capital losses from securities sales to offset capital gains plus up to $3,000 of ordinary income each year. You may also use capital gains to offset capital losses from earlier in the year.

Planning your securities activities early will help you prepare for tax time.

Take Retirement Plans  into Account

When possible, boost contributions to retirement plans within the generous tax-law limits. You may also be able to supplement your retirement plan at work with contributions to an IRA plan.

On the flip side, you’re generally required to take annual required minimum distributions from retirement plans after reaching age 70½. Keep that in mind if you will reach that milestone this year.

Focus on Higher Education

If you have a child in college, you may be able to claim higher-education credits even if the child graduates this year. However, each credit is phased out for upper-income taxpayers. The tuition deduction expired after 2016, so make sure to plan for the best use of the remaining education tax benefits.

Update Your Estate Plan

Finally, review your estate plan to ensure you’re maximizing tax benefits. Currently, transfers between spouses are completely exempt from estate and gift tax, while other transfers are sheltered by a $5.49 million exemption in 2017 ($10.98 million for a couple).

While estate-tax reform remains a strong possibility, if not in 2017 then in a future year, waiting to plan may not be prudent.

Outside Collection Agencies

While many things in the tax arena remain uncertain at this point, two changes at the IRS have taken effect in 2017 that you should be aware of.

First, the IRS is now using outside collection agencies to collect unpaid tax obligations. This new program will start slowly, with only a few hundred taxpayers receiving mailings. The number will grow into the thousands later in the summer.

Taxpayers who are contacted will first receive several collection notices from the IRS before their accounts are turned over to the private collection agencies. The agency will then send its own letter to the taxpayer informing them that the IRS has transferred the account to the agency.

These agencies are required to identify themselves as working with the IRS in all communications. Unfortunately, a change like this can often lead to confusion among taxpayers, which gives scammers a new opportunity to steal taxpayer dollars. The IRS is aware of the potential fraud problems and plans to continue to help taxpayers avoid confusion.

The IRS reminds taxpayers that private collection companies, like the IRS, will never approach taxpayers in a threatening way, pressure taxpayers for immediate payment, request credit-card information, or request payments in gift cards, prepaid debit cards, or a wire transfer. A legitimate letter from a collection agency associated with the IRS will instruct taxpayers to write a check directly to the IRS.

Correspondence Audits on the Rise

The IRS is now handling many routine audit reviews through form letters called correspondence audits. These letters come from the IRS and ask for clarification and justification of specific deductions on your tax return.

Common issues that trigger a correspondence audit are large charitable deductions, withdrawals from retirement accounts and education-savings plans, excess miscellaneous deductions, and small-business expenses.

Don’t panic if you get one of these audit form letters. The IRS often uses computer programs to compare individual return deductions with the averages for a person’s income level or profession. If you’ve received a letter, you may have simply fallen outside the averages.

As long as you respond promptly, thoroughly, and with good documentation, it won’t necessarily become a contentious issue. The key is to keep proper, well-organized documentation under the assumption you may need it to support your deductions. If you do this right, the correspondence audit will end with a ‘no change’ letter from the IRS, acknowledging you’ve addressed their concerns.

These are just a few possible mid-year tax-planning moves to consider. In between summer picnics and family outings, take the time to review actions that might be beneficial to you at tax time next year. It will be here before you know it.

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

Sections Summer Safety

Heat of the Moment

hcncover0717The rising temperatures are a great reason to have fun outdoors. But those summer activities pose myriad dangers, from sunstroke to tick-borne illnesses to drowning. Fortunately, most of these risks can be reduced and even eliminated through proper planning and common sense.

It’s not exactly news that kids spend too much time indoors, sedentary, in thrall to their electronic devices. The warm weather of summer should be an antidote, providing plenty of opportunity for exercise and recreation that doesn’t involve a screen.

On the other hand, the outdoors poses other types of hazards.

“Any time there are extremes in temperature, we start seeing things, and during the summer, there’s a big increase in minor stuff as well as some major stuff,” said Dr. Louis Durkin, director of the Emergency Department at Mercy Medical Center. “That’s the reality. So while it’s good to get the kids out of the house, where they’re not playing video games and watching TV, you take the danger with the benefits.”

Many issues, as he noted, are indeed relatively minor, from sunburns and poison ivy to overexertion injuries to weekend warriors who spent the cold months indoors and then overdo it with sports or home projects once the weather warms up.

However, Durkin continued, “on the bigger, more tragic side, we see an increase in drownings, people diving into the shallow end of pools and sustaining neck fractures, even violence. Usually, on the first hot days, when people get outdoors and have more exposure to each other, we see an increase in violence.”

The good news, he said, is that most summertime health and safety hazards, from heatstroke to trampoline injuries, are preventable. For this issue’s focus on summer safety, BusinessWest examines several common summer dangers — and strategies for reducing the risk of each.

It’s Getting Hot Out Here

Simply put, said Dr. Heba Wassif, “hot weather can be deadly.”

Wassif, who practices with the Heart & Vascular Program at Baystate Medical Center, noted that extreme heat — considered the number-one weather-related killer in the U.S. — affects people in different ways, and those at greatest risk include adults with existing heart and other chronic diseases, the elderly, and children.

“Sweating is the body’s defense mechanism to cool down, but at the same time, it results in the loss of more fluid than usual from your body,” she said. “This can cause your blood pressure to drop and your heart rate to increase to compensate for your fluid loss, so you may feel palpitations as your heart beats faster.”

Warning signs of an oncoming heat-related illness, she explained, could include excessive sweating, leg cramps, flushed skin, nausea and vomiting, dizziness, headache, and rapid pulse. Anyone experiencing such symptoms should get indoors or into shade and drink liquids, and, if they don’t better soon, should call a doctor or visit the ER.

In fact, Wassif went on, heat stroke can cause death or permanent disability, including damage to the brain and other vital organs, and requires immediate emergency medical treatment. Warning signs of heat stroke can vary, but may include body temperature of 103 degrees or higher, dizziness, throbbing headache, nausea, confusion, rapid pulse, and, in critical cases, unconsciousness.

Dr. Louis Durkin says emergency departments see an uptick of heat-, water-, and even violence-related incidents when summer arrives.

Dr. Louis Durkin says emergency departments see an uptick of heat-, water-, and even violence-related incidents when summer arrives.

“The best advice I can give to anyone in the extreme heat, whether healthy or predisposed to any health conditions, especially cardiac disease, is to take it slow and easy and not exert yourself,” she said. “Try to stay out of the heat during the hottest part of the day, usually between 11 a.m. and 3 p.m., and stay hydrated by drinking plenty of water and sugar-free drinks while avoiding alcohol or caffeinated beverages.”

Dr. Joseph Schmidt, Baystate’s vice chair and chief of Emergency Medicine, noted that hot weather can affect certain medications as well.

“If you are taking certain medications, whether prescription or over the counter, sunlight may not be the best for you,” he said. “Certain drugs can impair your ability to deal with the heat and increase your sensitivity to sunlight, called drug-induced photosensitivity. As a result, your skin can burn at a much quicker rate than usual, even with a lower intensity of sunlight.”

Then there’s the issue of closed, overheated cars in the summer — a moment of carelessness that too-often kills children and pets, Durkin said. “Obviously, every year you hear about these tragedies, people forgetting about infants or pets in cars.”

Even many parents who would never leave their child alone in a hot car don’t have qualms about leaving their dogs there. But while humans cool themselves by relying on a system of sweat glands and evaporation, animals have a harder time staying cool, leaving them extremely vulnerable to heatstroke, according to the Animal Legal Defense Fund.

For example, on a day when it’s 70 degrees outside, the temperature inside a car with all the windows closed can approach 90 degrees in just 10 minutes, according to the American Veterinary Medical Assoc. On a particularly hot day, the temperature inside a closed car can shoot as high as 114 degrees in the same amount of time.

For that reason, it is legal in Massachusetts to break an animal out of a car, under certain circumstances. Specifically, after making reasonable efforts to locate the vehicle’s owner and notifying law enforcement or calling 911 before entering the vehicle, someone who believes entry into the vehicle is necessary to prevent imminent danger or harm to the animal, and plans to stay with the animal nearby afterward, may force their way into the vehicle to remove the animal, free from criminal or civil liability.

Dr. Michael Klatte

Dr. Michael Klatte

Children are especially at risk for acquiring RWIs since they usually play in the water for longer periods of time and swallow more water than adults typically do..”

Water, Water Everywhere

The other major summer killer after the heat itself is one of the ways people beat the heat: the water.

“Water safety is simple stuff,” Durkin said. “If you can’t swim, or if you’re out boating, wear a flotation device. Swim only in designated areas, and never swim alone. And if you have small children, put an alarm on the pool; those save lives.”

The American Red Cross lists several tips for enjoying the water safely, including:

• Swim in designated areas supervised by lifeguards, and always swim with a companion.

• Ensure that everyone in the family learns to swim well by enrolling in age-appropriate water-orientation and swimming courses.

• Never leave a young child unattended near water, and do not trust a child’s life to another child. Have young children or inexperienced swimmers wear U.S. Coast Guard-approved lifejackets around water, but do not rely on lifejackets alone.

• Set limits based on each person’s ability, do not let anyone play around drains and suction fittings, and do not allow swimmers to hyperventilate before swimming underwater or have breath-holding contests.

• Even if you do not plan on swimming, be cautious around natural bodies of water, including ocean shorelines, rivers, and lakes. Cold temperatures, currents, and underwater hazards can make a fall into these bodies of water dangerous.

• Install and use barriers around a home pool or hot tub. Safety covers and pool alarms should be added as additional layers of protection.

Drowning isn’t the only water hazard, however. Recreational water illnesses (RWIs) can pop up in both treated and untreated waters — from pools, hot tubs, and water parks to freshwater lakes, rivers, ponds, and even the ocean, said Dr. Michael Klatte, who works in Pediatric Infectious Diseases at Baystate Children’s Hospital.

RWIs are caused by germs and chemicals found in these waters, which can result in gastrointestinal, skin, and ear diseases, chemical irritations of the eyes and lungs, and, sometimes, neurologic and wound infections. The most commonly reported RWI is diarrhea, frequently caused by germs such as Cryptosporidium and E. coli. Otitis externa, commonly known as swimmer’s ear, is another common RWI. Those with weakened immune systems and pregnant women are at greater risk for more severe water-borne illnesses.

“Children are especially at risk for acquiring RWIs since they usually play in the water for longer periods of time and swallow more water than adults typically do,” Klatte said. He advises swimmers not to swallow water, to stay out of the water if they have diarrhea or an open wound, to shower before swimming, and to check diapers and change them in a bathroom or diaper-changing area — not waterside.

Clear Your Head

No matter what the activity, Durkin said, alcohol will invariably increase the risk of harm or death, so people need to monitor their intake. Alcohol impairs judgment and coordination, affects swimming and driving skills, and affects the body’s ability to regulate heat.

But having fun while sober is just one of many common-sense ways to enjoy the summer safely. Shriners Hospitals for Children recently got into the act with a program called Superheroes of Summer Safety, which offers tips to reduce the risk of injuries during the summer months.

“As a father and Shriner, I know that, within seconds, a fun-filled day can take a turn when an unexpected accident occurs,” said NASCAR driver David Ragan, the program’s spokesperson. “Shriners Hospitals and I want to provide families with simple ways to reduce the risk of childhood injuries so that kids can enjoy a safe summer.”

With the help of the National Assoc. of School Nurses, the national health system printed 125,000 safety materials to be distributed to kids and families. Advice includes playground tips like sliding feet first and swinging while sitting down; keeping children inside when lawnmowers are in use; keeping several feet away from firepits, campfires, or grills; and the usual warnings about sun protection and swimming with a lifejacket and a companion.

“At the very least, we can decrease the chances of bad things happening, if not outright prevent them. Most of this is common sense,” Durkin said. “Being active is good, but being active and smart is better.”

Joseph Bednar can be reached at [email protected]

Building Permits Departments

The following building permits were issued during the month of June 2017.

AGAWAM

Behavioral Health Network Inc.
30 Southwick St.
$7,000 — Infill three openings, frame two new door locations, replace cabinets and counter, trim and drywall

Dragon Paradise, LLC
27 Main St.
$14,000 — Add one loading dock and one garage door

John Kudlic
491-505 Springfield St.
$21,000 — Install illuminated box sign

CHICOPEE

Amir Paracha
1057 Montgomery St.
$32,800 — Remodel interior, coolers, HVAC, handicap bathroom

Johnson Road Properties Inc.
20 Johnson Road
$12,000 — Extend retaining wall and finish with brick veneer, connect two classroom by removing partition wall

Johnson Road Properties Inc.
20 Johnson Road
$17,000 — Replace siding, paint decks, repair windows, repair pavement and concrete

Stag Chicopee, LLC
2189 Westover Road
$66,000 — Replace 26 skylight domes and fall-protection screens

DEERFIELD

Deerfield Academy
68 Greenfield Road
$484,800 — New wood-frame building

Steve Schecterle
53C South Main St.
$10,000 — Remove and replace doors and windows

EASTHAMPTON

7-Eleven Inc.
97 Union St.
$350,000 — Complete fuel line, underground storage tank, canopy, and dispenser replacement

1776 Brewing Co., LLC
30 Fort Hill Road
$242,00 — Construct addition to brewery for a tasting room/assembly use

Autumn Properties, LLC
184 Northampton St.
$400,000 — Construct new, mixed-use, two-story building

Eastworks, LLP
116 Pleasant St.
$142,000 — Interior build-out for Easthampton Media Center

Williston Northampton School
40-50 Park St.
$61,000 — Remove and replace gymnasium roof

EAST LONGMEADOW

L.E. Belcher Inc.
227 Shaker Road
$5,000 — Fire/smoke alarm

Reflections by Claudia
87 Shaker Road
$35,000 — Commercial alterations

GREENFIELD

Peter Bagley, Elaine Bagley
207 Silver St.
$29,400 — Roofing

GCC Foundation Inc.
270 Main St.
$9,896 — Modify walls and remove wall

Girls Club of Greenfield
35 Pierce St.
$32,900 — Roofing

Greenfield Church of Christ
341 Conway St.
$800 — Remove exterior door, close opening, and install siding

Jebco Realty Associates, LLC
289 Main St.
$30,500 — Renovate third floor for mercantile use, small kitchenette, and office space

Nouria Energy Group
63 Main St.
$19,875 — Roofing

HADLEY

T-Mobile
367 Russell St.
$62,320 — Remodel store, including new wall, paint, and flooring

W/S Hadley Properties II, LLC
353 Russell St.
$4,200 — Signs

LUDLOW

Baystate Blasting
36 Carmelinas Circle
$90,000 — Commercial alterations

Durolast Roofing
84 Westover St.
$16,800 — Commercial alterations

Head to Toe Day Spa
36 East St.
$900 — Illuminated sign

NORTHAMPTON

Bible Baptist Church
722 Florence Road
$350 — Remove and replace sheetrock and insulation

Coolidge Northampton, LLC
249 King St.
$5,600 — Install non-bearing load partition

Coolidge Northampton, LLC
249 King St.
$14,650 — Remove non-load-bearing walls and build non-load-bearing walls

Cumberland Farms
53 Main St.
$3,000 — Illuminated wall sign

King Street, LLC
242 King St.
$2,000 — Reface illuminated pole sign

King Street, LLC
242 King St.
$2,200 — Reface illuminated wall sign

Smith College
102 College Lane
$10,990 — Install interior doors, remove and patch existing door, install shelves, and paint

PALMER

BC Palmer Green, LLC
1 Beacon Dr.
$20,000 — Remove old salt shed and replace with new wood-frame structure

SPRINGFIELD

Baystate Health
3350 Main St.
$305,000 — Equipment replacement and room renovations

Chestnut Springfield Inc.
146 Chestnut St.
$7,500 — Remove partition walls, create new partition walls, new unisex bathroom

CRRC MA
655 Page Blvd.
$300,000 — Construct entrance to CRRC MA office building

Frank DiMarinis
339 State St.
$30,000 — Remove boiler building and interior finishes

Orionis, LLC
428 Belmont Ave.
$10,000 — Remove six antennas and install six antennas and hybrid cable to existing T-Mobile facility

Roman Catholic Diocese of Springfield
153 Eddywood St.
$275,140 — Window and door replacement at St. Michael’s Academy

Springfield Redevelopment Authority
55 Frank B. Murray St.
$261,000 — New management office on mezzanine level of existing terminal building

Springfield Redevelopment Authority
55 Frank B. Murray St.
$97,000 — Renovate tenant space to create a Dunkin’ Donuts restaurant

Western New England University
1215 Wilbraham Road
$407,000 — Interior renovations to Blake Law Center

WARE

Kids Stop
70 Pleasant St.
$23,000 — Install demising wall to divide a room, rework door opening

WEST SPRINGFIELD

Bertera Family Realty
539 Riverdale St.
$11,000 — Install flagpole at Bertera Chrysler Jeep

Ralph Colby
140 Baldwin St.
$492,000 — Build addition to commercial structure

West Springfield Investment Group, LLC
242 Interstate Dr.
$320,000 — Build steel building for medical-marijuana dispensary

DBA Certificates Departments

The following business certificates and trade names were issued or renewed during the month of June 2017.

AMHERST

Competitive Advantage
226 Strong St.
Alan Goldberg

K.S. Dunn Associates
664 Main St., Suite 60
Kathryn Dunn

Shoots to Roots Nursery
539 Market Hill Road
Elizabeth Riley

CHICOPEE

C.F.B. Cleaning Inc.
43 Dickinson St.
Flavia Borges

Gung Ho Powerwashing
41 Old Chicopee St.
James Zabik

The Hair Professionals
974 Chicopee St.
Carlos Fonsera

J.E. Capital Home Improvement
27 Glendale St.
Joel Almonte

Joseph A. Wagner, State Representative — District Office
333 Front St., 1R
Joseph F. Wagner

Purpose Built Motorcycles
63 Britton St., Chicopee
John Freeman Jr.

DEERFIELD

Baranowski Cleaners & Tailors
7 Elm St.
Jerzy Bielski, Theresa Bielski

BJ’s
2 Hobbie Road
Bette Sokoloski

Dresser Real Estate
110 South Mill River Road
Lori Baronas

Korpita Masonry
165 Pine Nook Road
Paul Korpita Jr.

Pioneer Valley Sales & Service Inc.
253 Greenfield Road
Michael Bedard

Richard’s Automotive
242 Greenfield Road
Richard Bottego

EASTHAMPTON

kttrending
46 Holyoke St.
Katherine Trouern-Trend

Taxland
31 Union St.
Tina Chandler

Three Posies
124 Cottage St., Apt. A
Bronwen Hodgkinson

The Valley Arts Newsletter
124 Cottage St., Apt. A
Bronwen Hodgkinson

EAST LONGMEADOW

Graziano Brothers Landscaping Inc.
280 Elm St.
Christopher Graziano

Mary M. Barton Bookkeeping Services
46 Powder Hill Road
Mary Barton

Styles by Shelley at Ciao Bella
128 Shaker Road
Shelley McCloskey

GREENFIELD

Auto Plus Auto Parts
63 French King Highway
TEH Auto Parts, LLC

Environmental Labs
5 Adams Road
Susanne Newman

Shaw’s Mart
239 Main St.
Mehwish Shahid, Naxmart LLC

Transitions
94 Main St.
Seana Pitts, Shannon Bassett

Turn Signal Media
16 Lincoln St.
Danae DiNicola

HADLEY

AT&T Mobility
359 Russell St.
New Cingular Wireless

Benjamin Co.
2 Bay Road, Suite 200
Paul Benjamin

Brain Analysis & Neurodevelopment Center
195 Russell St., B-13
Integrated Health Solutions, LLC

Concussion Center of Massachusetts
195 Russell St., B-13
Integrated Health Solutions, LLC

Hedgehog Farms
8 Grand Oak Farm Road
Lisa Seymour

Petsmart
367 Russell St.
Petsmart Inc.

Pioneer Valley Growers
112 East St.
Glenroy Buchanan

Pioneer Valley Pain Relief Therapies
245 Russell St.
Gabriella Booth

Riverside Fencing Club
162 Russell St.
Taro Yamishita

Wendy’s
376 Russell St.
Massachusetts Baked Potato, LLC

HOLYOKE

3M Consulting
8 Ross Road
Willie Spradley, Patricia Spradley

B & M Property Services
266 Whitney Ave.
Michael Oates

Mahboob Inc.
333 High St.
Yasser Hussain

Northeast Powersports
161 Main St.
Felix Santana Jr.

Paper City Art Kids
92 Race St.
Natasha Colon Ortiz

Spradley Deluxe Coffee
8 Ross Road
Willie Spradley, Patricia Spradley

LUDLOW

Ludlow Family Dental
77 Winsor St., Suite 102
Binca Warren

Remsport Manufacturing
566 Holyoke St.
Ronald Chaisson

RJM Carpentry
181 Chapin St.
Gary Decoteau

NORTHAMPTON

Burke Chevrolet Inc.
200 North King St.
Bryan Burke

Cochrane Dental Associates
264 Elm St., Suite 11
Rebecca Cochrane

Dragonfly Industries
785 Ryan Road
Rochelle Friedman

Hazard Health
45 Jackson St.
JoAnna Hazard

Pangaea Sushi
330 North King St.
Su Su Min Aung

Paradox Projects, Studio 347/5
221 Pine St.
Karen Dolmanisth

Talk More Wireless New England, LLC
134 King St.
James Ralph

Water or Bread Theatre
31½ Grant Ave.
Christopher Gonzalez

PALMER

Kopec’s Auto & Truck Service
1219 Thorndike St.
Christopher Kopec

Marciano/Holloway Painting
3067 High St.
Nicholas Marciano, Paul Holloway

Superior Door and Millwork
21 Wilbraham St., Bldg. 64
Wesley Dupuis

Tailgate Tavern
24 Homestead St.
Tim Burke, Joy Burke

SOUTHWICK

CH Designs
57 Powder Mil Road
Cynthia Houle

SPRINGFIELD

3 Brothers Seafood
405 Dickinson St.
Hong Nguyen

Adonis Construction
120 Draper St.
Joseph Montero Sr.

All About You Hair Salon
27 Archie St.
Shawna Edmonds

Auveri Repairs & Sales
700 Berkshire Ave.
Rafael Fontanez

The Beauty Studio
535 Main St.
Marsia Nogueira

Chelo’s Towing
9 Bowdoin St.
Jesus Moran

Controlled Chaos Real Estate
34 Prakwood St.
Matthew Bienia

Dominguez Landscape
79 Tavistock St.
Jodaryn Dominguez

Fort Pleasant Convenience
102 Fort Pleasant Ave.
Akif Ali Khan

GLS Properties
23 Colonial Ave.
Grayce-Lynda Sypteras

JJ Barber Shop
1614 Main St.
Yoanda Carpio

J.D. Home Improvement
107 Oregon St.
John Olszewski

Jackie’s Pressure Wash
87 Melville St.
Jackie Perez

Kaezem Law
26 Thames St.
Alexander Kaezem

Kevin’s Painting
10 Rollins St.
Kevin Dowe

Master’s HVAC
98 Massachusetts Ave.
Eric Van Allen

Microblading by Greta D’Amours
3455 Main St.
Greta D’Amours

NeiSeba Carpeting
107 Naismith St.
Neidy Cruz

On the Move
64 Lawton St.
Otis Collins

Solutions Car Sales
4 Langdon St.
Rivera Rincon Francis

Tay Do Beauty Salon
287 Belmont Ave.
Kathy Truong

UR Discount Tobacco & Lottery
1207 Parker St.
Fazal Rehman

WEST SPRINGFIELD

Bertera Chrysler Dodge Jeep
539 Riverdale St.
Michael Bertera

Best Painters
19 Hill St.
Daniel Santiago

Boondocks & Blossom
78 Smyrna St.
Michelle Boucher

Forward Change Experience
270 Sibley Ave.
Antonia Santiago

Fred Music Academy
70 New Bridge St.
Hector Fred

Fresh Air Pet Services
317 Circle Dr.
Catherine Scoles

Gold Chopstick II
12 Chestnut St.
Shuangying Liao

Jorge Santiago Trucking Services, LLC
270 Sibley Ave.
Jorge Santiago

Mamma Mia’s Pizzeria
60 Park St.
Maria Alfarone

WILBRAHAM

Accurate Termite & Pest Control Co. Inc.
8 Wilson St.
Kevin Cox, Nancy Cox

Cleaning Done Right
19 Bridge St.
Alexis Valinho Rauscher

L.S. Home Improvement
28 Brookmont Dr.
Louis Saso

Suzanne Andre Salon — Charlene Freeman
2341 Boston Road
Charlene Freeman

Wilbraham Animal Hospital
2424 Boston Road
Amy Zander, Andrew Hersman

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

John Siedel v. Guiseppe Scuderi, individually and as trustee of Scuderi Realty Trust, and Scuderi Realty Trust

Allegation: Negligence causing injury: $720.05

Filed: 5/31/17

HAMPSHIRE DISTRICT COURT

Roberta Joy Bergins v. City of Northampton

Allegation: Slip and fall causing injury

Filed: 4/13/17

John Southergill v. Sovereign Builders Inc. and Todd Cellura

Allegation: Non-payment of wages, non-payment of overtime wages, and retailiation for engagingin protected activity under the Wage Act: $25,000

Filed: 4/19/17

Nyrva Germain v. Stop & Shop Supermarket Co., LLC and Edens Limited Partnership

Allegation: Slip and fall causing injury: $5,711.23

Filed: 4/27/17

HAMPSHIRE SUPERIOR COURT

Susan Foster, individually and on behalf of all others similarly situated v. Four County West Inc. d/b/a Griswold Home Care and Kirby Detmers

Allegation: Money owed for services, labor, and materials: $25,000+

Filed: 6/19/17

HD Supply Waterworks, Ltd. v. GML Construction Inc. and Berkshire Hills Music Academy Inc.

Allegation: Money owed for materials supplied: $11,137.38

Filed: 6/21/17

HOLYOKE DISTRICT COURT

Noella Santos v. the Stop & Shop Co.

Allegation: Slip and fall causing injury: $14,731.20

Filed: 5/11/17

Lisa Stone v. T.J. Maxx Inc.

Allegation: Slip and fall causing injury: $13,324

Filed: 6/14/17

PALMER DISTRICT COURT

D & S Linen d/b/a Aladco Linen Services v. Wilbraham, LLC d/b/a Wilbraham Motel

Allegation: Money owed for rental of garments and liquidated damages: $21,293.02

Filed: 6/6/17

WESTFIELD DISTRICT COURT

Connecticut Valley Artesian Well Co. Inc. v. Devine Construction Inc.

Allegation: Money owed for labor and materials: $7,749.79

Filed: 5/31/17

Barbara A. Plumadore v. Chase Quinn d/b/a Slipenhalo Tattoo

Allegation: Cellulitis surrounding tattoo: $24,999

Filed: 6/8/17

Daily News

SPRINGFIELD — Bacon Wilson announced that Katrina Anop and Tabitha Vianna have joined the firm as associate attorneys.

Anop is a graduate of the Western New England University School of Law. She is a member of Bacon Wilson’s real estate, family law, probate, employment, and immigration practice groups. Fluent in Spanish, she works primarily from the firm’s Springfield office.

Vianna is a cum laude graduate of the Western New England University School of Law. She is a member of Bacon Wilson’s business and corporate practice group, where much of her work is devoted to assisting clients with commercial loan closings. She is licensed to practice in both Massachusetts and Connecticut.

Daily News

SPRINGFIELD — Beginning Sept. 6, the Realtor Assoc. of Pioneer Valley will sponsor a 40 hour, 14-class, sales-licensing course to help individuals prepare for the Massachusetts real-estate salesperson license exam. The course will be completed on Oct. 12. Tuition is $359 and includes the book and materials.

The course curriculum includes property rights, ownership, condos, land use, contracts, deeds, financing, mortgages, real estate brokerage, appraisal, fair housing, consumer protection, and Massachusetts license law, and more.

Classes meet Monday, Wednesday, and Thursday evenings from 6 to 9 p.m. at the association office, 221 Industry Ave., Springfield. For an application, contact Joanne Leblond at (413) 785-1328 or [email protected], or visit www.rapv.com.

Daily News

SPRINGFIELD — Friends of the Homeless, a program of Clinical & Support Options (CSO), recently welcomed Keith Rhone as the new director of Operations, overseeing day-to-day management of the Worthington Street facility.

Most recently, Rhone served as assistant director of Safety and Crisis Management with ROCA Inc. of Springfield and established strong connections to community law enforcement and local program providers. He has also served as fiscal director with the Black Chamber of Commerce.

“The shelter and housing business has some uniqueness to it. We are very excited to have Keith join us and strengthen our team overall,” said Bill Miller, CSO’s vice president of Housing and Homeless Services.

Born and raised in Springfield, Rhone earned an associate degree in accounting from Springfield Technical Community College, and both his bachelor’s and master’s degrees from American International College.

Daily News

WATERBURY, Conn. — Webster Bank announced that John Driscoll Jr. has been appointed regional market executive for Webster Private Bank’s Hartford and New Haven offices.

Driscoll, senior vice president and senior relationship manager for Webster Private Bank, joined Webster in 2007. In his new role, he expands his responsibilities as the senior representative in the Hartford and New Haven markets for Webster Private Bank’s line of business and leading the Private Bank’s sales team. He will report to Peter Gabriel, senior vice president, head of Private Banking.

Driscoll has more than 31 years of experience in investment, financial, estate, and
tax planning, and charitable giving. He is a tax attorney who is a certified
 financial planner, a chartered life underwriter, and a chartered financial consultant. A member of the Connecticut and American Bar Associations, he serves on the executive committees of the Estate and Probate section and of the Sports and Entertainment Law section of the Connecticut Bar Assoc. He holds a bachelor’s degree in economics from the University of Connecticut, a law degree from Penn State’s Dickinson School of Law, and a master of laws degree from Boston University School of Law.

Daily News

SPRINGFIELD — Members of the Massachusetts Gaming Commission (MGC) approved close to $600,000 in grants — including two for the city of Springfield — for a workforce-development pilot program designed to fund gaming career pathways for local residents. The Workforce Program is a component of the 2017 Community Mitigation Fund, which was established by the state’s gaming law to help entities offset costs related to the construction and operations of gaming establishments.

The Workforce Program was developed to provide interested residents in gaming regions the ability to attain academic and occupational credentials needed to work in the most in-demand occupations related to the gaming industry. Additionally, it was established to assist the unemployed or underemployed to either get their GED or Adult Basic Education, which would position them to get future jobs in the casino industry or training in advance by the backfilling of jobs.

The two initiatives in Springfield include:

• $171,833 for a program the Springfield Public Schools is working to establish called Ahead of the Game, which will target low-skill, low-income adults interested in pursuing long-term careers with MGM Springfield; and

• $200,000 for Hampden Prep, an initiative involving Springfield Technical Community College in collaboration with Holyoke Community College to develop and implement an innovative high-school-equivalency and workforce-readiness program.

“Workforce-development programs are a critical component of job creation, economic opportunity, and the Commonwealth’s ability to meet gaming’s burgeoning hiring demand,” said MGC Chairman Steve Crosby. “MGC looks forward to further collaborations as we continue to work together to ensure that we are able to deliver on our legislative mandate to establish a highly skilled and diverse Massachusetts workforce for the state’s new casino industry.”

Employment Sections

Accommodating Attitude

pregnantatworkdpMassachusetts lawmakers are attempting a novel approach to pregnant workers, by requiring employers to offer them accommodations similar to those given to disabled workers. The bill is a popular one and seems assured of becoming law, but some questions about implementation — and what companies will have to do to comply — remain.

Pregnancy is not a disability, and the Pregnant Workers Fairness Act doesn’t classify it as one.

But if the bill, passed unanimously by the Massachusetts House of Representatives in March and expected to sail through the Senate, becomes law — Gov. Charlie Baker has said he will sign it — employers will be required to offer the same types of accommodations disabled workers are promised under the Americans with Disabilities Act (ADA).

“While this bill doesn’t technically classify pregnancy as a disability, per se, it does create the requirement that employers treat pregnancy the same way they treat employees with a disability, providing reasonable accommodation and undertaking a dialogue about what those accommodations should be,” said Daniel Carr, an attorney with Royal P.C. in Northampton.

If the bill becomes law, an employer would not be able to fire, demote, or deny a job to a worker due to pregnancy. The employer could not force the worker to accept certain conditions or take a leave from the workplace as long as she were able to perform the essential functions of her job.

While charges of discrimination based on pregnancy or maternity are currently considered an aspect of gender discrimination, the new bill changes the playing field in potentially significant ways, Carr noted.

Daniel Carr says the bill currently leaves several questions unanswered

Daniel Carr says the bill currently leaves several questions unanswered, which he hopes will be addressed by the state Senate before heading to the governor’s desk.

Specifically, employers will be required to engage in an interactive process with pregnant employees to provide reasonable accommodations, such as more frequent and/or longer breaks, modified equipment or seating, job and responsibility restructuring, modified schedules, and private, non-bathroom space to express breast milk — accommodations that, in the abstract, seem like a logical recognition of the need to provide equitable conditions for pregnant women in the workplace.

While this bill doesn’t technically classify pregnancy as a disability, per se, it does create the requirement that employers treat pregnancy the same way they treat employees with a disability, providing reasonable accommodation and undertaking a dialogue about what those accommodations should be.”

“Generally speaking, everyone is in agreement,” Carr said, “but for this bill to become law, there are some issues that need to be ironed out, hopefully before it gets to the governor for his signature.”

Meghan Sullivan, managing partner at Sullivan, Hayes & Quinn, LLC in Springfield, noted that the ADA provides no basis for equating a normal pregnancy with a disability, but Massachusetts lawmakers have, for several years, been discussing the idea that some of the same accommodations available to disabled workers, particularly related to changes in their duties and working conditions, could also benefit pregnant workers.

One of the reasons the bill has found little legislative resistance so far is that it was crafted with significant input from both women’s rights groups and the employer lobby, notably Associated Industries of Massachusetts (AIM).

“I sit on the steering committee for AIM, and they took the position that this was not a bill they were going to oppose on behalf of employers,” Sullivan said. “But how do we approach the idea of reasonable accommodation while avoiding issues that are typically problematic for employers?”

Working out many of those issues was key to moving the bill forward, but, as Carr noted, plenty of unanswered questions remain.

Taking Aim

AIM opposed early versions of the bill during the 2015-16 legislative session because employers worried it gave employees unlimited power to reject multiple and reasonable offers of accommodation by an employer. The compromise bill addresses that concern and others, the organization noted. Specifically, it accomplishes the following:

• Provides clarity regarding definitions and terms related to current employees in need of accommodations related to pregnancy;

• Aligns state and federal laws regarding reasonable accommodation as it relates to the essential functions of the job;

• Provides flexibility rather than mandating specific types of accommodations for employers and employees;

• Provides a reasonable mechanism for employees and the employer to achieve a reasonable accommodation by engaging in a defined process, eliminating a concern by businesses that an employee could reject multiple reasonable offers of accommodation;

• Adds language allowing the employer to evaluate undue hardship of an accommodation and the ability of employee to perform the essential functions of the job as it relates to an employer’s program, enterprise or business;

• Provides opportunity for an employer to request documentation for certain cases to ensure that accommodations are reasonable for both employees and employers;

• Limits provisions to current employees instead of employees and job applicants;

• Reduces unnecessary burdens and allows for electronic or other means other than a “poster” for notifying employees; and

• Allows for certain accommodations to be either paid or unpaid.

Employers worry, Sullivan told BusinessWest, about any new legal protections for workers that are different, and sometimes conflicting, with existing laws — conflicts that are typically hashed out through litigation, which companies certainly want to avoid.

Meghan Sullivan

Meghan Sullivan says the bill was crafted after much negotiation and compromise between women’s rights advocates and employer organizations.

“There was an incredibly cooperative approach to drafting the bill passed by the House, an effort to use very similar language and concepts related to the disability laws as we know them,” she noted.

She recalled a summer job she had during her college years, as a bank teller. She was required to stand at her workstation for eight hours, but under the Pregnant Workers Fairness Act, an employee would have a strong argument that allowing her to sit while serving customers would not hinder her from getting her work done.

Pretty straightforward, right? Not so fast, Carr said.

“The problem with any legislation is that sometimes the most popular laws are the worst-drafted,” he noted. “I think every reasonable person agrees with the principles of this law, that pregnant employees shouldn’t be discriminated against. No legislator wants to be seen as against it, so no one’s really changing it — but there are issues with this law that come into play.”

Take the coffee shop across the street from Carr’s office, which employs a handful of workers in one open space, with a bathroom. Where, exactly, can that business designate a private, non-restroom space for expressing breast milk? If an employee brought litigation, he argued, the shop would have a strong argument that such a private space doesn’t exist, and it would be an undue hardship to somehow construct one.

“Another issue is job restructuring. If an employee walks into my business and says, ‘we have to restructure my job because the law says so,’ how can I prove that’s an undue burden or financial hardship to do so?” he said. “That’s my concern. It’s not the wisdom of the law in general; it’s the drafting and details that have to be addressed.”

In a recent blog post, Carr went so far as to say the bill, if passed as is, will cause chaos for employers, for a couple of reasons. One is that it has no specified effective date, and would therefore, by default, become law only 90 days after Baker signs it.

Another question is the duration of accommodations. “The lactation provisions imply that the accommodations can continue after an employee has given birth,” he noted. “However, the bill does not address for how long after giving birth an employee is entitled to reasonable accommodations. As drafted, employers have no way of knowing if they must provide modified schedules and/or job restructuring to new mothers for four weeks, four months, or four years. It would be in every employer’s best interest to undertake a self-assessment of their readiness to implement these policies sooner rather than later.”

Working It Out

Carr also noted that the Affordable Care Act — which, despite GOP attempts to kill it, is still the law — already provides for private, non-bathroom space to breastfeed in certain situations, and other protections exist for breastfeeding employees. However, the new bill will apply to more employers in the state, and may be interpreted more broadly.

“The term ‘job restructuring’ worries me the most,” he said. “So if the breastfeeding provisions of this law are interpreted to be consistent with the breastfeeding protections of the ACA, does that mean that job restructuring would continue for a full year? Or, if [the new bill] is interpreted to provide greater duration, how long would that last?”

Sullivan agreed that the vague concept of accommodation could become more significant than employers expect, especially if the worker experiences complications with the pregnancy.

“It’s potentially a new lawsuit, and it’s something employers will have to take note of, but the two sides, as well as legislative officials, worked very cooperatively and diligently to make sure it would be a manageable and workable process,” she noted. “A lot of employers are concerned about any new law being introduced: ‘how do we manage another accommodation on top of all the other ones that already exist, and how do these new legal provisions interact with all of the existing laws?’ Without a doubt, it’s another instance where HR and managers and supervisors are going to need education and training so there isn’t an inadvertent violation.”

If employers will have only a few months to get up to speed with compliance, as appears to be the case, Sullivan said, every employer will have to examine the company’s workplace rules, break-time rules, and other details so they can anticipate what policies might need to be modified if an employee becomes pregnant.

She stressed, however, that employer groups understand the bill’s appeal.

“It is easy to confuse opposition to a draft of a bill with opposition to the issue itself,” AIM President Richard Lord said just before the House passed the bill. “AIM is always willing to work with those seeking honest and effective compromise. That is exactly what happened with this legislation.”

That doesn’t mean it’s easy to add another layer of employee protections, of course.

“A common concern is that Massachusetts will not be competitive enough with other states that aren’t as accommodating to employees,” Sullivan told BusinessWest. “At what point will Massachusetts create an incentive for businesses to leave? That’s always a concern among employers, the cost of doing business.”

Still, she said, “despite the rhetoric of ‘us vs. them’ that’s so common in the political landscape, so many employers are motivated to do the right thing and do it in the right way.”

Even if they’re still hazy on the details.

Joseph Bednar can be reached at [email protected]

Employment Sections

Women Only

By Daniel C. Carr, Esq.

Daniel C. Carr, Esq.

Daniel C. Carr, Esq.

In recent weeks, a Texas movie theatre sparked controversy by holding several women-only screenings of the new Wonder Woman movie, including a promise that only female employees would be scheduled to work during these screenings. The theatre was the target of a great deal of criticism, and many alleged that the theatre was discriminating against men.

Much of the rage came from the usual suspects — men’s rights activists, misogynists, and other groups prone to Internet trolling.  Also among the aggrieved was a less-expected party: University of Albany Law Professor Stephen Clark. According to his statement, Clark wasn’t offended that a screening was held specifically for women, but, rather, that the theatre advertised “No Guys Allowed.”

Particularly maddening was the fact that the theatre actively barred male patrons and promised that only female staff would be allowed to work during the screening. “It’s the principle of the thing,” Clark said. “I’m a gay man, and I’ve studied and taught gay rights for years. Our gay bars have long said that you do not exclude people because they’re gay or straight or transgender — you just can’t do that for any reason … It’s discrimination.”

For many, the special screening made sense. Wonder Woman is not only the first female-led superhero film since 2005’s critically-panned Elektra, but also the first female-led superhero film directed by a female. This, combined with its strong critical and financial performance in the wake of its underwhelming male-led predecessors, has given advocates of equitable representation of women in the film industry cause for celebration. The women-only screenings sold out quickly.

This conflict illustrates an important point: the law still permits single-gender organizations and services in certain contexts, but when do gender-exclusive organizations or services cross the line into actual, illegal discrimination?

The law still permits single-gender organizations and services in certain contexts, but when do gender-exclusive organizations or services cross the line into actual, illegal discrimination?”

The law generally weighs an individual’s First Amendment right to expressive association against the state’s compelling interest in eliminating discrimination. In genuinely private settings, the individual’s First Amendment rights will almost always prevail. Alamo Drafthouse’s women-only screenings would not have been a big deal if the theater had been rented out by a private entity. In fact, in response to one Facebook question concerning whether there would be men-only screenings, Alamo Drafthouse responded with a link to its ‘private events’ booking page.

However, in public-accommodation cases like the one above, Massachusetts and federal law generally find that the state’s interest in eliminating discrimination outweighs an individual’s First Amendment right to expressive association. Massachusetts state law specifically prohibits making any distinction, discrimination, or restriction in admission to or treatment in a place of public accommodation, based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, physical or mental disability, or ancestry. No distinction is made between historically dominant groups and historically disadvantaged ones. Discrimination is discrimination.

But what is a place of public accommodation? According to the law, a place of public accommodation is an entity which is open to and accepts or solicits the patronage of the general public. Common examples include theaters, hotels, restaurants, stores, banks, hospitals, transportation services, parks, childcare centers, and the like. This is not a complete list. There are no complete lists because there are simply too many unique contexts to draw a clear line.

In contrast to places of public accommodation, genuinely private entities’ right to expressive association is considered to outweigh the public interest in eliminating discrimination, and, therefore, private entities are not bound by the same anti-discrimination laws. An organization’s status as a private entity, and therefore the legality of maintaining a gender-exclusive policy, depends primarily on whether the organization exercises “genuine selectivity” with respect to applicants or members.

For example, in 1997 the Mass. Commission Against Discrimination (MCAD) ruled that a female divorce attorney was liable for gender discrimination for refusing to represent male clients in divorce proceedings. In determining that her law practice qualified as a place of public accommodation, the MCAD noted that she advertised her services to the public, did not have any particular criteria for selecting her clients, and admitted that she refused to represent the complainant solely because of his gender.  In short, there was a lack of “genuine selectivity.”

By way of comparison, in 2014, the MCAD applied the same standard to reach a different result in a case brought by a male victim of domestic violence against a nonprofit organization for female victims of domestic violence. The MCAD ruled that the charity had not violated anti-discrimination law by refusing to provide male victims of domestic violence the low-cost facial reconstructive surgery offered to female victims of domestic violence. The MCAD ruled that the charity had adhered to a policy of “genuine selectivity” because it was not open to the public and it applied an array of eligibility criteria, including economic status, type of injury, anticipated period of recovery, and residency restrictions.

Additionally, under Massachusetts law, certain entities may be places of public accommodations at certain times and not others. For example, in 2002, the Supreme Judicial Court of Massachusetts ruled that a publicly owned building, when booked for an event sponsored by a religious group for the purpose of religious meetings, does not qualify as place of public accommodation during that time; therefore, the group was allowed to ban women from attending the meeting.

Conversely, Massachusetts has recently announced that the reciprocal is true: religious institutions, such as churches, temples, or mosques, are considered places of public accommodations when being used for secular purposes, such as a spaghetti dinner open to the public.

If your business or organization intends to maintain a gender-exclusive policy, it is important that you analyze these factors to ensure the policy’s legality. The law can be tricky, and lawsuits are costly. u

Daniel C. Carr, Esq. specializes exclusively in management-side labor and employment law at Royal P.C., a woman-owned, NAMWOLF-certified, boutique, management-side labor and employment law firm; (413) 586-2288; [email protected]

Building Permits Departments

The following building permits were issued during the month of June 2017.

AGAWAM

53 Springfield Realty Trust
53-57 Springfield St.
$4,500 — Construct two interior walls to enclose lounge and walk-in humidor, renovate two bathrooms at new Cigar Room

53 Springfield Realty Trust
53-57 Springfield St.
$6,000 — Add new egress at rear of building, separate spaces with partition wall, build new steps at egress door

Briarwood Twelve, LLC
1399-1409 Suffield St.
$18,000 — Install dry sprinkler system

Frank Fila, Michael Fila
84 Maple St.
$28,000 — Install wet and dry sprinkler systems

Genesis Health Ventures of Mass. Inc.
55 Cooper St.
$133,600 — Retrofit two shower rooms, including new fixtures, flooring, and wall finishes; install new counters, cabinets, and sinks in café and occupational-therapy room, repaint two bathrooms in Heritage Hall North

AMHERST

Iota Gamma Upsilon
406 North Pleasant St.
$5,000 — Repair water-damaged wall, replace insulation and drywall

Kappa Kappa Gamma
32 Nutting Ave.
$6,500 — Remove walls to open up chapter room, repair ceiling and floors, replace two exit doors, install exit light

Phi Sigma Kappa Alpha
510 North Pleasant St.
$73,940 — Re-roofing

Pioneer Valley Living Care
1 Spencer Dr., Unit 113
$15,000 — Complete exterior porch enclosure; install windows and door; new siding, electrical, drywall

Town of Amherst
70 Boltwood Walk
$981,102 — Build out existing one-story space for new John P. Musante Health Center

CHICOPEE

City of Chicopee
21 Vivian St.
$87,650 — Construct new pavilion and repair bath house at Sarah Jane Park

Clifton Hall
242 Fairview Ave.
$28,000 — Install new siding

Elms College
291 Springfield St.
$79,850 — Renovation of dean’s office at Mary Dooley Campus Center

Elms College
291 Springfield St.
$55,149.50 — Replace two exterior doors at lecture room B03

Polish National Credit Union
923 Front St.
$974,453 — Renovations and addition

DEERFIELD

Eaglebrook School
271 Pine Nook Road
$1,260,000 — Convert Eagle’s Nest to dorm

Julia Mycotteru
75 Stillwater Road
$19,850 — Install ductwork

South Deerfield Fire Department
84 Greenfield Road
$245,000 — Install new monopole for Verizon Wireless

Yankee Candle
25 Greenfield Road
$4,200 — Replace roof-mounted sign

EASTHAMPTON

Easthampton Congregational Church
116 Main St.
$55,000 — Remove roof shingles, install new roof shingles

Mandal Group, LLC
89-91 Main St.
$30,000 — Remove and replace rear egress decks and stairs

Williston Northampton School
22 Park St.
$16,600 — Remove and replace roof

EAST LONGMEADOW

Arbors Kids
126 Industrial Dr.
$25,000 — Gazebo

Excel Dryer
357 Chestnut St.
$224,910 — Solar installation

The Net
80 Denslow Road
$45,000 — Addition

GREENFIELD

Jebco Realty Associates, LLC
285-291 Main St.
$2,050 — Construct bar countertop, add new door at stage

Syfeld Greenfield Associates
259-265 Mohawk Trail
$213,800 — Remove exterior siding, reframe, and add EIFS over new facade

Town of Greenfield
141 Davis St.
$3,386,983 — Construct John Zon Community Center

HADLEY

111-113 Russell Street, LLC
111 Russell St.
$600 — Replace sign

Pyramid Mall of Hadley Newco
367 Russell St.
$45,000 — Install interior walls for eight magic rooms and one party room at Magical Rooms

LONGMEADOW

VK Heritage, LLC
753 Maple Road
$3,000 — Remove wall, remove and replace bar

PALMER

SMOC Housing
8 Depot St.
$291,395 — Install sprinkler system; structural work in basement; install kitchen, bath, laundry, and bedroom; upgrades to remainder of building

SOUTH HADLEY

Berkshire Hills Music
48 Woodbridge St.
$38,000 — Install fire sprinkler system

Steven Duval
549-553 Newton St.
$4,700 — Install illuminated sign

Mount Holyoke College
Park Street
$43,000 — Renovate room in Shattuck Hall

SPRINGFIELD

Michael Bergdoll
247 Hancock St.
$650,000 — Construct one-story building for Family Dollar store

Crown Castle USA Inc.
22 Birnie Ave.
$20,000 — Add one new antenna and hybrid fiber cable to T-Mobile tower

David DelleTorre
2433 Main St.
$610,680 — Construct one-story structure for Taco Bell restaurant

Frank DeMarinis
339 State St.
$108,762 — Re-roofing

Financial Plaza Trust
1350 Main St.
Alterations to office space

Jim Fiore
494 Central St.
$3,000 — Re-roofing

Edward Garabedian
1771 Boston Road
$54,675 — Roof replacement

Klondike Group
354 Birnie Ave.
$30,000 — Interior fit-up for new tenant

MassMutual
1295 State St.
$783,000 — Renovate space for new conference rooms, training, breakout

Springfield College
440 Alden St.
$279,028 — Remove and replace shower units, replace ceiling grid and tile, paint

Springfield SS, LLC
340 Taylor St.
$2,831,656 — Convert existing building from warehouse facility to new mini-storage facility

Union Station
55 Frank B. Murray St.
$25,000 — Install smoke-detection devices at Subway restaurant

WARE

Buzzell & Granat Attorneys at Law
41 West Main St.
$575 — Sign

WEST SPRINGFIELD

Ace Agostinho
197 Union St.
$1,200 — Re-roofing

Center for Human Development
1446 Piper Road
$64,190 — Cosmetic changes, including three new windows, two doors, kitchen cabinet, and bathroom fixtures

Normandeau Realty
40 Hayes Ave.
$15,150 — Re-roofing

Redwood Realty, LLC
246 Park St.
$2,300 — Install two openings into existing office space

WILBRAHAM

Ampersand Collins Hydro, LLC
176 Cottage Ave.
$12,600 — Construct two walls to create egress hallway, construct new landing at exit

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 DISTRICT COURT

Moises Santiago p/p/a Judith Montero, Juliet Santiago p/p/a Judith Montero, and Judith Montero v. Six Flags Entertainment Corp.

Allegation: Assault, false imprisonment, and invasion of privacy: $24,999

Filed: 5/12/17

 

Bobcat of Connecticut Inc. d/b/a Bobcat of Greater Springfield v. Nicholas G. Sanderson d/b/a NGS Dirtworks

Allegation: Money owed for equipment rental and soil conditioner: $14,245.12

Filed: 5/15/17

 

Bobcat of Connecticut Inc. d/b/a Bobcat of Greater Springfield v. Adriano Consentini d/b/a Cosentini Landscaping

Allegation: Money owed for damaged excavator rented by defendant: $11,913.58

Filed: 5/22/17

 

Debra Klueffel v. Wal-Mart Stores East, LP

Allegation: Minor child backed electric shopping cart over plaintiff’s foot causing injury: $3,059.60

Filed: 5/26/17

HAMPDEN SUPERIOR COURT

Lisa Cruz v. LA Fitness International, LLC

Allegation: Invasion of privacy, negligence: $500,000

Filed: 5/8/17

 

Kathleen L. White and Raymond E. White v. Tzay J. Ciu, M.D.; John P. Frangie, M.D.; the Cataract & Laser Center West, LLC; and D & G Associates Inc.

Allegation: Medical malpractice

Filed: 5/15/17

 

Gemal Zahran v. WJSM Management, LLC; Slawomir Ubank; and Wladyslaw Urbanek

Allegation: Dog bite causing injury: $25,050

Filed: 5/17/17

 

Edward K. Cumby v. Baystate Medical Center Inc.

Allegation: Negligence, slip and fall causing injury: $100,000

Filed: 5/31/17

HAMPSHIRE SUPERIOR COURT

Matthew Tarczynski v. Irfan Kashif d/b/a Dairy Market

Allegation: Slip and fall causing injury: $67,056

Filed: 5/25/17

 

Country Bank for Savings v. Ware Holdings, LLC and George A. McLaughlin III

Allegation: Breach of contract: $25,000

Filed: 5/25/17

 

Ryan Feek v. University of Massachusetts Amherst

Allegation: Failure to pay accrued vacation time: $12,328

Filed: 5/25/17

Daily News

SPRINGFIELD — The Markens Group Inc. (TMG), an association-management and consulting firm, announced its newest full-service client, the American College of Governance Counsel (ACGC). Under this arrangement, TMG will manage ACGC’s day-to-day operations, and the association’s headquarters will be re-established in downtown Springfield.

Founded in 2015, ACGC is the association for corporate governance lawyers in the U.S. and Canada. It promotes high standards within the profession and advocates for broader adoption of best governance practices within business organizations. Through programs like its annual Colloquium, ACGC addresses today’s major corporate governance issues, including challenges to traditional models of governance, risk management, shareholder engagement, and an increasingly complex regulatory and enforcement environment.

“Top North American governance lawyers formed ACGC to foster a better understanding of the role that sound governance plays in successful strategic decision making,” said Frank Placenti, founding president of ACGC and leader of the governance practice at the global law firm Squire Patton Boggs, LLP. “Having been embraced by both the legal profession and the governance community, the college is ready to optimize our operations and accelerate our success. We believe TMG can help with that.”

Added Ben Markens, president and founder of TMG, “we’re thrilled to partner with ACGC. Over the years, we’ve developed methodologies and frameworks for driving operational efficiency and growth, and we’ve already begun to implement those for ACGC. Plus, we’re proud to bring national connections and unique industry ties to our own backyard here in Springfield.”

The only association-management company in Western Massachusetts — and one of only 80 companies worldwide to be accredited under the Association Management Company Institute’s standard for management best practices — TMG has helped associations and other nonprofit organizations to grow and achieve their goals for more than two decades. Other national association clients include the Paperboard Packaging Council, the Flexographic Pre-Press Platemakers Assoc., and the American Assoc. of Homeopathic Pharmacists.

Daily News

BOSTON — Gov. Charlie Baker nominated Ellen Randle of East Longmeadow to serve as an associate justice of the Probate and Family Court, Hampden County Division, and Karen Goodwin of Amherst to serve as an associate justice of the Massachusetts Superior Court. Randle has 32 years of legal experience and concentrates her practice in family law, probate disputes, and civil litigation, while Goodwin’s 31 years at the bar have focused on trial work in both the private and public sectors.

“Attorney Randle and Assistant U.S. Attorney Goodwin have, over the last three decades and throughout their impressive careers, demonstrated a strong commitment to serving Massachusetts’ families and their communities,” said Baker. “I am confident Attorney Randle’s and Assistant U.S. Attorney Goodwin’s experience will serve their respective courts well.”

The Probate and Family Court Department has jurisdiction over family-related and probate matters such as divorce, paternity, child support, custody, parenting time, adoption, termination of parental rights, abuse prevention and wills, estates, trusts, guardianships, conservatorships, and changes of name.

The Superior Court is a statewide court of general jurisdiction, handling both criminal and civil actions. The court’s 82 justices sit in 20 courthouses in all 14 counties of the Commonwealth. The Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. It also has original jurisdiction in actions including labor disputes where injunctive relief is sought, has exclusive authority to convene medical-malpractice tribunals, has appellate jurisdiction over certain administrative proceedings, and may hold sittings for naturalization in any city or town. The court has exclusive original jurisdiction of first-degree murder cases and original jurisdiction of all other crimes.

“I am pleased with the nominations of two well-respected and skilled women attorneys from Western Massachusetts,” said Lt. Gov. Karyn Polito. “If confirmed by the Governor’s Council, their respective courts and communities will benefit greatly from Attorney Randle’s and Assistant U.S. Attorney Goodwin’s judgment and wisdom.”

Law Sections

Winning Attitude

Raipher Pellegrino

Raipher Pellegrino

Its marketing materials are emblazoned with the phrase ‘for the win.’ But at Raipher, P.C. — the law firm Raipher Pellegrino founded in 1994 and put on the map with a series of high-profile victories — the end result is only part of a successful case. Just as important, Pellegrino notes, is helping clients, who are often suffering through the worst crisis of their lives, navigate the legal system and get back to some semblance of normalcy. That, in itself, he says, is also a win.

Raipher Pellegrino may be best-known for winning a handful of high-profile court cases. There was his defense in 2002 of a man accused of breaking into a UMass dorm room with attempt to rape, arguing — successfully — that the defendant was sleepwalking. Then, as a plaintiff’s attorney, he secured a $6 million settlement for the family of a woman killed when a Big Dig tunnel collapsed on her car in 2006.

Such cases may not represent the day-to-day work of Pellegrino and his team of attorneys at Raipher, P.C. in Springfield, but they did help raise his profile, which is why he works on cases for clients nationally.

“It’s a matter of being able to prove results year in and year out, on complex, oftentimes high-profile cases, which can be more difficult to handle because you’re worried about not just the legal aspect, but the public-relations aspect of the case,” Pellegrino told BusinessWest.

Perhaps most recognized as a personal-injury firm, Raipher also focuses on criminal defense, family law, and general business law, from commercial transactions to business litigation and everything in between. Pellegrino also has a special interest in charter schools, a model he supports, and has represented them in matters ranging from financing to litigation.

When he launched his firm in 1994, “the original concept was personal injury and criminal litigation, but not so much on the transactional side. We’ve evolved since then,” he said, noting that the firm currently boasts 12 attorneys.

In any case, success isn’t measured only in decisions and settlements, he explained, but in meeting the myriad needs of clients who are often dealing with life-changing situations.

“When someone is in a circumstance where they need a lawyer, it’s a moment of anxiety. Our goal here is that they should feel less anxious after they contact us,” said Sean O’Connor, who joined the firm 18 months ago in a management capacity, overseeing the case loads of each attorney and handling marketing and other non-legal aspects of the business, in an effort to modernize the practice.

SEE: List of Law Firms

“We go up against some of the largest forms in the U.S. and the world, with over 1,000 attorneys,” Pellegrino added. “They’ll attempt to bury you with process, putting five or six lawyers on the case and sending documents 24/7. The modernization of the practice on the intellectual side and also in workflow is important; it allows us to take on large firms from right here in Western Mass.”

For this issue’s focus on law, BusinessWest sat down for a candid chat with Pellegrino and O’Connor about how they take on those challenges — and why the process of resolving each case is as important as the end result.

Sean O’Connor

Sean O’Connor says much of the firm’s business comes from client referrals, which he considers “a real compliment to an attorney.”

Sweet Relief

Personal injury is a broad field in itself, encompassing car accidents, product liability, medical malpractice, slip-and-fall injuries, and workplace injuries, just to name a few. Pellegrino cited a recent, complex case with multiple defendants, in which the plaintiff was killed in a manufacturing plant.

“We brought suit against the company that designed the machine and the employer, and we were able to settle that for several million dollars despite having serious legal obstacles which could have precluded an award to the plaintiff,” Pellegrino said, including a state workers’ compensation statute that throws up barriers to suing employers. “We were able to navigate around those issues and resolve that case.”

The defendant was a Boston-based company, and his sole heir lived in Puerto Rico, but despite the presence of many large personal-injury firms in the Boston area, the plaintiff sought out Raipher, an example of the firm’s reputation for handling difficult cases — work that begins with the first meeting with the client.

“We don’t try to sell the firm; we try to educate people. We believe education is the building block of what we do,” he explained, likening it to a different kind of major life event. “If you’re going in for surgery and have no concept what the surgery is about, what the process is, it can be frightening to go through it because of the fear of the unknown. Well, nobody prepares for an accident; you don’t wake up and say, ‘I might have an accident today.’ But if you have a law firm in mind, and you know they’ve been through it time and time again, and they can walk you through the process, it takes some of the fear away.”

The firm uses the motto ‘for the win,’ but Raipher Pellegrino emphasizes that the process of finding relief, restitution, or justice is as important as the end result.

The firm uses the motto ‘for the win,’ but Raipher Pellegrino emphasizes that the process of finding relief, restitution, or justice is as important as the end result.

And monetary restitution isn’t the sole goal, he added. “We also want to let them get on with their lives. They may be out of work, have loss of income, physical pain; that’s what they should be focused on, getting better and back to life as quickly as they can. We routinely tell clients, ‘let us do our job and make your life easier.’ And if we can make the process more understandable, that’s part of our job — not just getting a monetary settlement.”

Pellegrino said his firm has built its client base organically. “We have generational clients, we’ve been referred by clients’ family and friends, and we’ve had referrals from attorneys, not just in Western Mass., but around the country. I’ve had jurors hire me.”

That makes sense, he added, since jurors have a front-row seat to how an attorney works. If one is impressed and, down the road, has a need for a lawyer, they’ll remember what they saw in court. “That feels good, when people appreciate you and want to hire you. We take pride in our work and in delivering a good product.”

Added O’Connor, “the greatest complement we get here is client referrals. Raipher has clients he’s known for 20 years who still refer people to us. That’s a real compliment to an attorney, to have the confidence of past and current clients.”

To earn that confidence, Pellegrino said, his team is dedicated to staying educated on all facets of the law they handle. “A doctor doesn’t stop reading about new surgeries. We’re constantly adapting to changes in the law, whether regulatory or statutory.”

When asked whether the regulatory landscape has become more burdensome over the past decade or so, he said many lawyers would say yes. “And that certainly requires a broader spectrum of knowledge to litigate a claim.”

But some changes have been beneficial for attorneys, he added. For instance, only recently have lawyers in Massachusetts been allowed to ask potential jurors specific questions during the voir dire process, allowing them to dig into biases — whether conscious or subconscious — and establish their best opportunity to ensure a level playing field. In addition, lawyers can now demand a specific award amount at trial, which can make it easier to demonstrate the value of an injury, loss, and suffering to a jury.

And jurors take these matters seriously, Pellegrino said, noting that, while people often feel hesitant when summoned to jury duty, once they’re empaneled, they tend to embrace their responsibility. In fact, he noted, jurors are often frustrated they can’t get more information, though there are good reasons behind the rules for which pieces of evidence can be entered into the record and which can’t.

He recalled one criminal-defense case that fell apart for the prosecution during cross-examination and was quickly settled. “The jury waited for me outside the court to talk to me; they wanted to ask about more underlying facts of the case. It shows how they’re engaged, and they take it seriously.”

For the Win

Pellegrino certainly takes his work seriously, even though personal-injury law often suffers from negative perceptions in society.

“The only way our society knows how to compensate someone for a civil loss is monetarily,” he said. “One of the best mediators in the country likes to ask, ‘if I could give you your leg back or offer you $100 million, which would you take?’ Inevitably, the person says, ‘I’d want my leg back.’ So it’s clear no amount of money can adequately compensate for your leg.”

I tell everyone, ‘don’t go into the practice of law for money. It serves society in many ways, and if you put your heart and soul into it, it’s one of the most gratifying professions you can have.”

As a result, he went on, it can be difficult to put the value of a death, injury, or physical loss in financial terms. “It’s constantly evolving, and so many factors go into it. In every case, those factors change. There are different ways to value it and monetize it. It’s not simply, someone gets in an accident and makes a demand, and you give them that money. It’s far more complex.”

O’Connor said he often finds himself explaining this concept at dinner parties. “People often don’t want to bring a lawsuit because there’s a stigma. But there is literally no other way to compensate you for someone else’s wrong. It’s not your stigma. Someone else’s negligence caused you harm. So the stigma is unfortunate.”

But Pellegrino sees the value of his work in the lives of his clients, and doesn’t worry about public perception.

“I tell everyone, ‘don’t go into the practice of law for money,’” he told BusinessWest. “It serves society in many ways, and if you put your heart and soul into it, it’s one of the most gratifying professions you can have.”

The emotions cut deep in both wins and losses, he added. In the Big Dig case, he recalled being happy for the plaintiff, who wouldn’t get his wife back, but could at least move on with his life having received some compensation and an assurance that it wouldn’t happen to someone else.

Then, in a criminal-defense case, “you can lose the case, and the client is going away to be incarcerated for 10 years, and they’re thanking you and hugging you and telling you how appreciative they are of your effort,” he said. “That’s an odd feeling. But at the end of the day, you’re not going to win every case, but if you put your heart and soul into it, the client knows that. They know you can’t guarantee an outcome.”

O’Connor agreed, adding, “you feel like you disappointed them, even though they’re clearly expressing gratitude. Clients can tell whether you’re phoning it in or doing the best you can for them.”

Still, every lawyer wants to win — which is why Raipher, P.C. uses the phrase ‘for the win’ in its marketing materials.

“I tell people, ‘you almost have to hate losing more than you like winning,’” Pellegrino said. “And if I lose, I’ve got to know that I did everything I could for the client.”

Joseph Bednar can be reached at [email protected]

Law Sections

Tiny Homes, Big Questions

By Jeffrey L. Adams

Jeffrey Adams

Jeffrey Adams

Tiny homes are efficient, cost-effective, and environmentally friendly. Generally speaking, tiny homes are defined as residential dwelling units measuring 400 square feet or smaller. As a result of their benefits, tiny homes are soaring in popularity both locally and nationally.

With a blossoming tiny-house market, however, comes increasing uncertainty due to the vast landscape of complicated legal issues facing prospective owners of such homes. This article is not designed to be an exhaustive list of every imaginable legal issue facing a prospective tiny-home owner. As outlined below, there are a wide array of potential issues facing the building or purchasing of a tiny home. Some of those issues may apply to the building of a tiny home, some to the purchasing of a tiny home, and many others to both construction and sale.

The first concern prospective tiny-home owners must contemplate is whether the purchase and sale of their tiny home is governed by common contract law or the Uniform Commercial Code. Tiny homes are commonly built on either a foundation or a trailer. This distinction dictates which law applies. Article two of the Uniform Commercial Code governs the sale of “goods” that includes “all things … which are movable at the time of identification to the contract of sale.” Accordingly, if your tiny home is built on a trailer, it is “movable” at the time of identification of the contract and governed by the Uniform Commercial Code. Any tiny home, however, built on a foundation will be governed by common contract law, similar to most residential homes. It is imperative to determine which law applies prior to entering into a contract to ensure a smooth purchase or sale of your tiny home.

The next issue for prospective owners is whether the land on which you intend to place your tiny home is zoned for such use. Massachusetts General Laws c. 40A permits local governments to enact zoning ordinances and bylaws which regulate how landowners may use their lands. Currently, Nantucket is the only municipality in the Commonwealth that has permitted tiny homes to be placed legally on land that already includes one residential dwelling. Unfortunately, most municipalities are likely to restrict residentially zoned plots to one dwelling, which will present significant legal issues for tiny-home owners seeking to place their homes legally.

One way tiny-home owners nationally are trying to circumvent such zoning restrictions is through a request to their local government permitting a tiny home as an accessory dwelling unit (ADU). This is a clever mechanism that permits a second dwelling on a zoned plot; however, municipalities tend to enact such bylaws only where the second dwelling is attached to the primary residence. The legislative purpose of permitting ADUs is to create a cost-effective alternative for the elderly. Therefore, many municipalities may be hesitant to allow tiny homes as ADUs where such homes are not connected to the principal residence.

In addition to the Zoning Act, tiny-home owners must be cognizant of the building code, which regulates how one may build their tiny home. See 780 Code Mass. Regs 1.00, et. seq., and model regulations cited. The building code is enforced by the state, and any local zoning ordinance or bylaw may not interfere with the implementation of the building code.

The building code poses yet another challenge for prospective owners. The state requires that the code govern the building of any residential dwelling used for the permanent provisions of living, sleeping, eating, cooking, and sanitation. Accordingly, prospective owners, especially those building their own home, must comply with the building code.

Finally, prospective owners must adhere to the Department of Public Health’s regulations regarding dwellings that are fit for human habitation. See 105 Code Mass. Regs. 410.000, et. seq. For example, the regulations require that every dwelling unit must contain at least 150 square feet of floor space for one occupant, and 100 square feet of floor space for each additional occupant. These numbers may be difficult to achieve for prospective owners, especially families with the intent of going tiny.

The laws and regulations governing tiny homes, as currently constituted, were written and implemented by principally considering the purchase and sale of residential dwellings that were affixed to a foundation and were large enough to comply with all of the state’s building and health requirements. Tiny homes pose a challenge, not only to the prospective owners of such homes, but also to our local and state governments.

Ultimately, a primary tiny-home market will erupt once a secondary market forms for such homes; however, this impending growth will not occur if our local and state governments do not adapt. Perhaps the proper method to govern tiny homes is by subjecting such homes to the same laws and regulations in place for recreational vehicles and mobile homes, rather than creating a new, complicated framework of laws specifically designed for tiny homes.

One thing is certain: tiny homes present enormous potential rewards for sustainable, economic living that can help ease the dearth for affordable housing. The question remains: will our laws dictate such an outcome?

Jeffrey L. Adams is an associate with Robinson Donovan, P.C., where he concentrates his practice on litigation; (413) 732-2301; [email protected]

Law Sections

Taking It Personally

By John S. Gannon, Esq.

John S. Gannon

John S. Gannon

As a management-side employment attorney, I know how frustrating it is for businesses to be sued by current or former employees. Employers who have been through the litigation process know it’s a stressful, time-consuming exercise that often requires their managers or supervisors to be deposed or called as a witness at trial.

Unfortunately, being a witness is not the worst outcome for managers and supervisors who get dragged into employment litigation. Many state and federal employment laws provide a path for litigious employees to individually sue their managers or supervisors, while at the same time suing the employer as a completely separate entity. These laws can put managers and supervisors in the dreadful position of having to personally defend themselves in a lawsuit, while exposing their personal assets (home, car, bank accounts, etc.) to risk if the plaintiff is successful. It also means having to pay defense costs and attorney’s fees regardless of how the case turns out. A recent Massachusetts federal court decision highlights the relative ease of bringing an individual liability claim against a supervisor in an employment lawsuit.

Elliott Eichenholz worked for Brink’s Inc. His supervisor was Gordon Campbell. According to Eichenholz, while he was out on a disability leave, Campbell issued him a performance-improvement plan (PIP) letter addressing Eichenholz’s performance deficiencies. The PIP letter also contained various demands Eichenholz would need to meet within a prescribed time frame.

Eichenholz returned to work about two months later. Upon his return, Campbell e-mailed Eichenholz, stating that he needed to develop a plan to address the issues raised in the PIP letter now that he was back to work.

From my perspective, Campbell’s approach appeared reasonable enough, but Eichenholz did not see it that way. He resigned a few days later and subsequently filed a lawsuit claiming that Brinks and Campbell discriminated and retaliated against him in violation of a host of federal and state employment laws, including the federal Family and Medical Leave Act (FMLA) and the Massachusetts Fair Employment Practices Law, which prohibits discrimination in employment (Chapter 151B). In his complaint, Eichenholz claimed he needed to resign “in order to ensure that he was no longer subjected to unlawful harassment, no longer subjected to a hostile work environment, and no longer in the precarious position that Campbell’s continuous violations and discriminatory behavior had caused.”

Campbell moved to dismiss the charges against him, raising two principal arguments. First, he argued the FMLA claim should be dismissed because that law does not allow for individual liability. Second, he contended Chapter 151B warranted dismissal because Eichenholz did not follow the proper procedural channels before filing that claim.

The court rejected both arguments. Although the FMLA does not expressly allow for individual liability against supervisors, courts have ruled that similar federal laws — including the Fair Labor Standards Act — permit personal liability against supervisors. This was enough to convince this court that FMLA liability could flow to Campbell. Also, because Campbell was on notice of the potential Chapter 151B claim early on, he could not rely on technical procedural errors to defeat the individual liability claim.

Because the Massachusetts anti-discrimination statute (Chapter 151B) allows for individual liability, supervisors can be personally sued in almost any lawsuit that alleges a violation of state anti-discrimination law. In addition, state and federal wage-payment laws, including the federal Fair Labor Standards Act and the Massachusetts Wage Act, can trigger individual unpaid-wage liability for certain executives, officers, and even managers within the organization.

In light of this vast potential for supervisor liability claims, we recommend litigation-avoidance training for managers and supervisors as a way to mitigate risk. Effective training is probably the single best way to combat individual liability exposure, as it puts managers and supervisors on notice of this very real threat. Training programs also highlight tips and strategies that managers and supervisors can use to avoid litigation crosshairs and keep the company out of expensive lawsuits.

If your manager or supervisor is sued individually, it may also be (somewhat) comforting to know that individual liability claims are often a strategic move meant to make the case more difficult to defend. It is rare — but not unheard of — that a manager or supervisor is left paying damages associated with an adverse judgment, rather than the business. Even so, adequate training can help prevent employment claims before litigation is filed, which is a win-win situation for both the supervisor and the company.

John S. Gannon is an associate attorney with Skoler, Abbott & Presser, P.C., a management-side labor and employment firm with offices in Springfield and Worcester.

Sections Technology

Human Touch

NetLogix President Marco Liquori

NetLogix President Marco Liquori

Information-technology solutions providers can easily get lost in a maze of technical jargon, but that’s the last thing Marco Liquori wants to throw at customers. Instead, the technicians at his 13-year-old company, NetLogix, are trained to communicate clearly with clients about their network needs — and then meet those needs, in the background, so businesses can focus on growth, not computer issues. A recent customer-satisfaction report suggests the Westfield-based firm is doing something right.

When Marco Liquori talks about how his IT company, NetLogix, sets itself apart, he doesn’t go right into technical jargon. In fact, he tries to avoid it.

“We have some business savvy; we’re a small business ourselves,” he told BusinessWest. “We take that knowledge to our clients, and, when we do talk to them, it’s not geek-speak, but business recommendations in plain English.”

That’s actually one of the points on a list he’s prepared called “10 Things We Do Better.” Some of them — delving into areas like network security, budgeting for IT services, and the difference between proactive maintenance and reactive response — get into the nitty-gritty of NetLogix’s services, but many are common-sense goals that wouldn’t be out of place in companies in myriad industries.

Take phone calls, for instance. “We answer our phones live and respond quickly,” he said, noting that callers will always get a human being, not a recording or voice mail, and those calls are followed up by a technician within the hour — actually, the average is 12 minutes.

Those touches are part of the reason why a third-party monitoring system, SmileBack, which tracks customer satisfaction for companies, reported that NetLogix scored a 99.4% favorable rating from clients in 2016 — the highest customer-satisfaction score it recorded last year.

netlogixbuilding

“That’s unheard-of in our industry; our competitors are unable to say that,” Liquori said. But it’s not a surprise, he added; it’s a goal the company works toward. “Our techs are incentivized to get high satisfaction scores; they’re compensated not on billable hours, but on efficiency and customer satisfaction.”

Of course, part of achieving high satisfaction scores is actually getting the job done, and this is where a shift in the company’s strategy several years ago has paid dividends and grown the Westfield-based firm — which Liquori describes as a network-management, cloud, and systems-technology integrator providing end-to-end solutions for clients — to a 12-employee operation, and why his plans to keep expanding the company look promising indeed.

Entrepreneurial Itch

Liquori had worked for several other computer and IT companies — “value-added resellers was what we called them back in the day” — but business wasn’t great in the years following the dot-com bust. In 2004, the firm he was working for decided to take his business in a different direction, focusing more on application development. In the transition, Liquori decided to set out on his own — even in that tough economic climate.

“I was on my own for a year, but we grew, slowly and steadily, and we’ve been growing ever since,” he told BusinessWest. “We were originally a break-fix service — when people had issues, they would call us, and we’d go out and fix them.”

During that time, he was developing a book of business focusing on a handful of industries in which NetLogix still specializes today, including insurance agencies, law firms, medical and dental practices, and professional services like accounting firms. But the business model needed tweaking.

We try to understand each client’s business need for technology and address it. We help them overcome challenges they may have with some new technology or new processes.”

“It was a more reactive model. As an issue occurred, we’d go out and fix the problem, and we’d bill for the time we worked,” he explained. “Over the past few years, we transitioned to a managed-services model that’s more proactive in nature. We’re constantly monitoring every system out there for our clients.”

That encompases everything from preventing cyberattacks and monitoring for malicious activity to installing Windows and third-party application updates to managing firewalls and developing disaster-recovery strategies.

“We try to understand each client’s business need for technology and address it,” he said. “We help them overcome challenges they may have with some new technology or new processes.”

Under the old system, the more hours NetLogix’s technicians worked, the more money the company made. But a managed-services model is a win-win for both sides on multiple levels, he explained. “With this, the overall objective is to make IT spending predictable for the client, which helps them them budget accurately. They pay a fee for unlimited support.”

That’s an advantage over many companies that hold fast to a more reactive model, he said, adding that clients like knowing exactly what they’ll be spending — no surprises — and can focus their energies outside the IT realm, on growing the core functions of their business.

defendingagainstcyberattacks

In fact, the fixed price, all-inclusive support plan includes a commitment to resolve any issues that arise in an expeditious manner. Since everything is included in one price, Liquori explained, NetLogix is highly motivated to use its time wisely and bring each situation to a successful completion — and clients aren’t nickel-and-dimed just at the time they need the most help.

“Our goal is to resolve issues as quickly as possible, and make sure their computers are back up fully and functioning normally as soon as possible,” he said.

But he kept coming back to the firm’s security-first approach. NetLogix’s first task is to evaluate a client’s network and explain any potential risks and exposures, and recommend adjustments to protect the network and client data — which is of massive importance for companies that store patient records or financial information, for example.

“With our full suite of multi-layered security in place, none of our clients were affected by the WannaCry ransomware attack — or any other ransomware,” Liquori said, referring to last month’s worldwide attack targeting computers running the Microsoft Windows operating system, encrypting data and demanding ransom payments to free it. Within a day of the attack, more than 230,000 computers in 150 countries were affected.

“We keep all our engineers constantly trained in the latest technology that’s out there, and constantly go to security seminars and network-security training events,” he went on. “Security is the biggest thing, and we stay on top of it.”

Growth Pattern

At the heart of NetLogix’s services, though, is its strategic IT planning. Liquori said he considers himself a strategic partner with clients, listening first and offering solutions second.

“I really enjoy a challenging technical issue and being able to provide a solution that meets a business objective and saves the customer money by improving efficiencies and improving security,” he told BusinessWest. “Customers may be losing sleep over these things. I enjoy the fact that we can take that burden off them so they can focus on their business.”

Liquori said he’s certainly looking to grow beyond 12 employees, and geography isn’t the barrier it used to be in the IT world. “Most of what we do is remote, so we can work in almost any geographic area,” he explained, adding that the firm covers most of the Northeast. But face time is important, too.

“For our managed-services clients, we will engage with them proactively — quarterly or semiannually, depending on the size of the organization. We will sit with the business owner or office manager for strategic IT planning. We’ll talk about areas where they’re weak or vulnerable, get those adjusted and up to speed. It may be making sure they have a backup recovery solution, or a computer may be out of date, so we plan together for updating their computers to help them stay atop the curve.”

And sleep better at night.

Joseph Bednar can be reached at [email protected]

DBA Certificates Departments

The following business certificates and trade names were issued or renewed during the month of May 2017.

AMHERST

Blade Logic
10 Gatehouse Road
Old School, LLC

Eco Tech Management
463 West St.
Haim Gunner

Electrolysis by Athena & Lorraine
48N Pleasant St.
Lorraine Barbieri

Old School Productions
10 Gatehouse Road
Old School, LLC

Paciulli Consulting
141 Columbia Dr.
Melissa Paciulli

Passport Press
257 Shutesbury Road
Lisa Lieberman

CHICOPEE

Gallagher’s Olde Fashioned Service Inc.
1095 Chicopee St.
Robert Galica

Paper City Art Kids
89 Front St., Apt. 15
Natasha Ortiz

RJ’s Outdoor Power Inc.
460 New Ludlow Road
Robert Jennings, Judith Jennings

Speedy Garage Door Services
50 Austin St.
Michael Barrasso

DEERFIELD

Au Bon Pain
16 Yankee Candle Way
ABP Corp.

HELD Doula Services
11 Juniper Dr.
Virginia Nowakoski

Johnson Farm
42 Hoosac Road
Edward Johnson

EASTHAMPTON

Bulldog Transport and Recycling
21 Wright St.
David Meunier

Edward Jones Investments
180 Pleasant St.
Michael Markiewicz

Lucky Nails
30 Cottage St.
Thom Lieu

Public Health Masters Collaborative
9 Taft Ave.
Paul McNeil

Valley Paddler
52 Williston Ave.
Katie MacCallum, Melanie Salvaggio

EAST LONGMEADOW

Ludlow Carpet & Upholstery Cleaning
141 Allen St.
Donald Marchand

Peoples Skin Care / Peoples Massage
145 Shaker Road
Stephanie Barry

Pyncheon House
41 Hampden Road
John Thurner

GREENFIELD

Antique Revival
322 Deerfield St.
Eric Webster

Main Street Bar & Grille
94 Main St.
Christina Guevin-Gurney

Meadow Green Nail Center
5 Park St.
Patricia Semb

Mighty Clean Mutt
52 French King Highway
Megan Edson

MinuteClinic Diagnostic of Massachusetts, LLC
137 Federal St.
Kimberley DeSousa

Naps Auto Sales and Service Inc.
151 Federal St.
Walter Williams

New Fortune Restaurant
249 Mohawk Trail
Wah Seng Inc.

Planet Gas
109 Mohawk Trail
Goe Greige, Melissa Holzhauer

Real Pickles Cooperative Inc.
311 Wells St.
Tamara McKerchie

Terrazza
244 Country Club Road
Abaz Cecunjanin

Tognarelli Heating & Cooling
85 Pierce St.
Kristie Tognarelli

HOLYOKE

Classic Custom Muffler
54 Commercial St.
Anatoliy Purshaga

Jessie’s Home Improvement
303 High St.
Efrain Vasquez Jr.

Juan Deli Mini Market
551 South Bridge St.
Juan Perez

Karaoke Social Club Inc.
54 Adams St.
Candy Villaronga

Kebab House
50 Holyoke St.
Seymur Musayev

Nick’s Nest
1597 Northampton St.
Jennifer Cheateauneuf

Shahan, LLC
46 Franklin St.
Muhammad Khawaja

Springdale Grocery
845 Main St.
Diomedes Chavez

Star Dancers’ Unity
1719 Northampton St.
Alexcelin Saldana

LUDLOW

Budget Pest Solutions/Construction
264 Moody St.
John Boudreau

Performance Rehabilitation of Western New England, LLC
483 Holyoke St.
Robert McDonnell, Dylan Bates, Robert McKenzie

Tony Nails
263 East St.
Anh Giang Tran

NORTHAMPTON

Abba Motors
30 Norrth Maple St.
Stephen Brackett

Cricket Wireless
90 King St.
Evan Morowitz

Cry, Cry, Cry
9½ Market St., Suite 3A
Lucy Kaplansky, Richard Shindell, Dorothy Williams

H2O Consulting
27 Winter St., #2
Alec Bernstein

Hair, Etc.
52 Conz St., #8
Rebecca Brooks, Robin LaFleur

Kelly’s Nails
13 Bridge St.
Thiet Thanh Son

Kristy’s Nails
137C Damon Road
Hang Tngoc Le

Lia Toyota of Northampton
280 King St.
Michael Lia

Trump Dharma Dream
82 Stone Ridge Dr.
Randy Kaplan

PALMER

Blue Star Farmers Market
3090 Palmer St.
Cassandra Weglarz

JDC Pest Control
41 Mt. Dumplin Road
James Chadwick

Paramount Pizza
1620 North Main St.
Ali Boluk

Premier Communications
11 Hobbs St.
Robert Lucier

Quick Flow Drain & Sewer
2028 Pleasant St.
Rehman Chaudhray

SOUTHWICK

Donald’s Devil Dogs
38 Congamond Road
Donald Elton

Southwoods Magazine & Signs
610 College Highway
Carole Caron

SPRINGFIELD

10th Planet Jiu Jitsu
321 Albany St.
Pioneer Valley Jiu Jitsu

ARM Carpentry Co.
137 Webber St.
Richard Ottani

ATS Landscaping
34 Berkley St.
Andre Blanton

Achievement Network Ltd.
1 Federal St.
Natasha Williams

Boyd’s Bistro
91 Wilbraham Ave.
Boyd Paul

Bytes Knight Technology
68 Cleveland St.
Irma Alvarado

Clean Rite Janitorial
229 St. James Blvd.
David Douglas

Jean Sylvia’s Hair Salon
17 Lombard St.
Jean Bussolari

Joseph Anthony Handyman
2358 Wilbraham Road
Joseph Monzillo

Kims Jewelry Inc.
1624 Main St.
Donghee Kim

Mike Williams Management
20 Maple St.
Michael Williams Jr.

Painting Beyond
118 Catalpa Terrace
Jeancarlo Marchese

Persona
174 Massachusetts Ave.
Khaifani Forbes

Phil’s Remodeling
40 Noel St.
Philbert O’Brien

SHE Studios
101 Beacon Circle
Amelia Adams

Severino Construction Services
175 Walnut St.
Luis Roberto-Severino

Trendz Unlimited
258 Gilbert Ave.
Latrenda McMillian

Trumpf Medical
120 Carando Dr.
Hill-Rom Co. Inc.

WEST SPRINGFIELD

Brian’s Drywall Co.
41 Sprague St.
Brian Klein

Choice Consultants, LLC
4 Shady Brook
Karen Sikora-Bernard

Davis Chiropractic
900 Elm St.
Marjorie Davis

Dirk Kidwell, Electrician
100 Front St.
Dirk Kidwell

GBS Brows & Skincare
1313 Riverdale St.
Pramod Sarraf

Hair and Nail Co.
1346 Elm St.
Maria Sepulveda

Maids Made Affordable
24 Hampden St.
Christina LaRosa

Main Auto Sales
842 Main St.
William Matte

Needham Electric Supply Co.
91 Union St.
John O’Connell

Omega Cleaners of West Springfield
1238 Riverdale St.
Joo Lee

Randstad
1111 Elm St.
Ranstad Professionals

Toomey-O’Brien Funeral Home
1043 Westfield St.
Francis O’Brien

WESTFIELD

Full Plate Fitness
88 Notre Dame St.
Steven Czerniejewski

JP’s Totally Baked Goods
18 School St.
Patricia Patridge

J.S. Smith & Assoc., Law Offices
166 Elm St.
Jeffrey Smith

Marisol Franco Realty Group
72 Mill St.
Marisol Franco

Millie’s Kitchen Deli & Pizza
1029 North Road
MKDP Inc.

WILBRAHAM

All American Gymnastic Academy Inc.
65 Post Office Park
Joseph Saimeri

Cuddles Pet Sitting
586 Main St.
Sonya Flynn

The Lawn Ranger
11 Railroad Ave.
Kris Breudy

Metallurgical Perspectives
4 Meetinghouse Lane
James Grochmal

NEPM – A Division of AM-DA Inc.
15 Main St.
Amy Smith

Seyler Retrieval
278 Mountain Road
John Seyler

Wilbraham Candle
38 Manchonis Road
Deana Gore

Departments People on the Move
Jane Albert

Jane Albert

Jane Albert has been promoted to the position of senior vice president for Marketing, Communications & External Relations at Baystate Health. She will report to Dr. Mark Keroack, president and CEO of Baystate Health, and serve as a member of the president’s cabinet. She will oversee the functions of marketing and digital strategy, government and public relations, community relations and public health, communications, and philanthropy. “Jane has been a trusted Baystate Health leader for 15 years in roles that have progressively increased in responsibility and scope. She has a breadth and depth of career experiences and skills that make her ideal for this senior leadership role,” Keroack said. When she joined Baystate Health as manager of Medical Practices Marketing, she presented the first marketing plan to integrate two legacy medical groups to become one organization as Baystate Medical Practices. She then served as manager of Corporate Marketing, overseeing Baystate Health’s marketing efforts, loyalty programs, and events, and developing marketing priorities based on the strategic objectives of the organization. Albert was promoted to director of Public Affairs & Internal Communications, developing metrics for the measurement of media activities while strategically building the community presence of Baystate Health and its entities. She then returned to Baystate Medical Practices, successfully launching the organization’s first physician referral office. Over the last four years, Albert has served as vice president of Philanthropy for Baystate Health and executive director of the Baystate Health Foundation. Among her accomplishments, she led the transformation of the foundation to diversify philanthropic support in alignment with a newly developed strategic plan and recently oversaw the completion of a $5 million capital campaign for the new surgical center at Baystate Franklin Medical Center in Greenfield. “In all of her roles, Jane has helped advance the work of her teams by developing priorities that align with the mission and strategic objectives of the organization. She is a positive ambassador for our health system and has always been a driving force behind providing honest, timely communications to our constituents,” Keroack said. “She is an incredible contributor to Baystate Health on many fronts, and her energy, enthusiasm, and affection for our organization will serve her well in her new role.” Before joining Baystate Health, Albert served as vice president of Advancement and Marketing at Western New England College, with responsibility for national and regional marketing efforts and philanthropic efforts focused on engaging alumni, businesses, and foundations in support of the university. She holds an MBA from Babson College and a BBA in accounting from UMass Amherst. Active in the community, she has held leadership positions on many boards, including Spirit of Springfield, the National Conference for Community and Justice, the Jewish Community Center, Rotary Club, and chambers of commerce. She has been recognized as Woman of the Year by the Springfield Women’s Commission and as a Paul Harris Fellow by Rotary Club International.

•••••

Lee Bank recently announced the promotion of three leaders within the company and the addition of a mortgage officer to support its continued growth in 2017.

Susie Brown

Susie Brown

Susie Brown has been named to the position of senior vice president, Human Resources and Administration. She has been employed at Lee Bank for more than 37 years and has worked in many areas of the bank, including operations, human resources, building and maintenance, security, and administration. She will continue to oversee human resources, administration and security, and management of board meetings and governance processes for Lee Bank and its holding company, Berkshire Financial Services;

Paula Gangell-Miller

Paula Gangell-Miller

Paula Gangell-Miller has been named to the position of vice president, Community Banking – Retail Operations. She joined Lee Bank 29 years ago and has been involved in many facets of the bank throughout the years, having held positions as teller, operations supervisor, community banker, branch manager, and area manager, in addition to her new role;

Paula Lewis

Paula Lewis

Paula Lewis has been named to the position of first vice president, Retail Lending. She joined Lee Bank in 2012 as vice president of Mortgage Loan Operations. In her new position, she will oversee residential lending and will sit on Lee Bank’s ALCO committee as well as its executive loan committee; and

Kathy Kelly

Kathy Kelly

Kathy Kelly has joined Lee Bank as a mortgage officer in its Pittsfield office. Kelly has been a mortgage professional for most of her banking career, with First Agricultural Bank, Legacy Banks, and most recently Berkshire Bank.

“I am pleased to announce these well-deserved promotions and to welcome Kathy Kelly to the Lee Bank team,” said President Chuck Leach. “I’m confident that Kathy will not only mesh with but also enhance our culture just as Susie Brown, Paula Lewis, and Paula Gangell-Miller have for many, many years. Lee Bank is very fortunate to have an extremely valuable culture of loyal, dedicated employees who are not only outstanding contributors in the workplace, focused on continued excellence in serving our customers, but also to our Berkshire community.”

•••••

Ellen Freyman, attorney and shareholder with Shatz, Schwartz and Fentin, P.C., was recently recognized by the National Conference for Community and Justice (NCCJ) for her significant contributions to the local community. NCCJ was founded in 1927 in response to religious divides in the country at the time. The goal of the organization and its prominent founders — including social activist Jane Addams and U.S. Supreme Court Justice Charles Evans Hughes — was to bring together diverse populations to combat social injustice, a mission perpetuated to this day. Freyman concentrates her practice in all aspects of commercial real estate: acquisitions and sales, development, leasing, and financing. She has an extensive land-use practice that includes zoning, subdivision, project permitting, and environmental matters. She is a graduate of the Western New England University School of Law (1988) and Pennsylvania State University (1977). One of the most highly awarded attorneys within the Pioneer Valley, she has been recognized or awarded by BusinessWest magazine (Difference Maker, 2010), the Professional Women’s Chamber (Woman of the Year, 2012); Advertising Club of Western Massachusetts (Pynchon Award, 2012); Springfield Leadership Institute (Community Service Award, 2011); Massachusetts Lawyers Weekly (Top Women of Law Award, 2010); and Reminder Publications (Hometown Hero Award, 2010).

•••••

Victoria Owen

Victoria Owen

Victoria Owen has joined United Personnel as the organization’s newest business development representative, as the company expands its team to better serve area businesses. Owen, former owner of Owen Employee Benefit Strategies LLC and past director of Employee Benefits at Northwestern Mutual, brings a wealth of knowledge about business operations and human-resources priorities to her current role at United Personnel. She leverages more than 20 years of industry expertise in employee benefits, strategic planning, and business development to support clients and candidates throughout Western Mass. Owen received her bachelor’s degree from Northeastern University, serves on the board of directors of the Home Builders and Remodelers Assoc. of Western Mass., and is committed to building meaningful relationships within the business community.

•••••

Sunshine Village announced several personnel changes as the organization continues to grow its programming footprint in the area.

Jenny Galat was promoted to program manager of the new Litwin Center Day Habilitation Program. Since 2013, Galat has worked for the organization as a developmental specialist, case manager, and program supervisor. She holds a bachelor’s degree in sociology with a concentration in social work from Saint Anselm’s College. When it opens this summer, she will oversee the new program’s focus on innovative day services for adults aged 18-32 years old;

Nichole Chilson came on board as human resource generalist to assist with employee benefits, safety and health protocol compliance, and employee-relations initiatives. Chilson brings more than 25 years of human-resources and customer-service experience. She holds a bachelor’s degree in psychology with a minor in criminal justice from Western New England University; and

Amie Miarecki was named director of community relations. She brings 15 years of experience working in health and human services, including marketing, community relations, and resource development. She will promote Sunshine Village’s mission to help everyone shine by engaging with community partners and employers. Miarecki holds a master’s degree in corporate and organizational communication with a specialization in leadership from Northeastern University and a bachelor’s degree in psychology with a minor in sociology from UMass Amherst.

•••••

Maria Mitchell, a graduate of Springfield Technical Community College’s newly accredited Health Information Technology program, is the first person from STCC to receive the MaHIMA Student Achievement award. The Massachusetts Health Information Management Assoc. (MaHIMA) offers the award to an outstanding student from any accredited health-information technology or health-information management program. STCC’s program received accreditation in December, making a graduate of the program eligible for the first time this year. Mitchell received a certificate of achievement and one-year membership to the national American Health Information Management Assoc. (AHIMA), free full-day registration for MaHIMA’s fall and winter meetings, and free MaHIMA webinars for one year. She is seeking a position as a health-information technician or coding specialist and hopes to eventually return to school and earn her bachelor’s degree. Graduates of STCC’s Health Information Technology program receive associate degrees. The program prepares students for certification and practice as registered health-information technicians, who typically work with patient medical records at healthcare facilities. Technicians focus in areas beyond coding, including data analytics, compliance, and more.

•••••

Duncan Mellor

Duncan Mellor

The American Lighthouse Foundation (ALF) honored Tighe & Bond’s Duncan Mellor with its 2017 Distinguished Lighthouse Community Service Award at its annual gala at the Nonatum Resort in Kennebunkport, Maine on May 7. Every year, the organization honors one person who has contributed significantly to ALF’s mission. Since 2011, Mellor has donated his engineering and waterfront expertise to upgrade the Whaleback Lighthouse in Kittery, Maine. This three-phase project included designing repairs for two granite breakwaters and a new docking system with walkways that achieved federal government approval and met ALF’s goals for public access and safety. “This is a well-deserved honor for Duncan — and just one example of his exceptional expertise and commitment to our coastlines and waterfronts,” said Tighe & Bond President and CEO David Pinsky. Mellor leads Tighe & Bond’s coastal engineering services with more than 30 years of experience in the profession. Clients throughout New England know him well for his role in complex coastal projects and solving all types of shoreline and waterfront challenges. Mellor has also overseen unique projects that have required highly creative solutions, such as tidal turbines, offshore structures, and lighthouses. A licensed engineer in New Hampshire and Maine, Mellor has a bachelor’s degree in civil engineering and master’s degree in Ocean Engineering, both from the University of New Hampshire.

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.

FRANKLIN SUPERIOR COURT

Alayna Macleay v. Franklin Eye Care Associates, LLC d/b/a Eye & Lasik Center
Allegation: Employment discrimination: $35,000
Filed: 5/18/17

HAMPDEN DISTRICT COURT

QualServ Corp. v. Euro Restaurant Group I, LLC d/b/a Wayback Burgers
Allegation: Money owed for goods sold and delivered: $24,813.15
Filed: 5/9/17

Sherri-Ann Wajda p/p/a Zachary McLeish v. First Student Inc. and Viviana Velazquez
Allegation: Negligent operation of a school bus causing injury to passenger: $3,616.40
Filed: 5/9/17

Kennely Curran v. Vehicle Transport, LLC d/b/a Borgatti Auto, et al
Allegation: Unfair and deceptive acts and practices in sale of used car: $5,000+
Filed: 5/1017

HAMPDEN SUPERIOR COURT

Hoskin & Muir Inc., d/b/a Cardinal Shower v. Scott Bauer d/b/a B & B Glass & Mirror
Allegation: Money owed for goods sold and delivered: $65,119.07
Filed: 5/10/17

Louise D. Hannum v. Tzay J. Chiu, M.D.; John P. Frangie, M.D.; the Cataract & Laser Center West, LLC; and D & G Associates Inc.
Allegation: Medical malpractice
Filed: 5/11/17

Ruben Lagares v. Agri-Mark Inc. and Liberty Mutual Insurance Co.
Allegation: Negligence causing injury: $195,530.92
Filed: 5/12/17

James L. Craig and Christine L. Craig v. Tzay J. Chiu, M.D.; John P. Frangie, M.D.; the Cataract & Laser Center West, LLC; and D & G Associates Inc.
Allegation: Medical malpractice
Filed: 5/15/17

HAMPSHIRE SUPERIOR COURT

Complete Restoration Solutions Inc. v. Historic Round Hill Summit, LLC
Allegation: Money owed for services, labor, and materials: $633,447.63
Filed: 5/4/17

Bercume Construction, LLC v. SVE Associates, et al
Allegation: Breach of coverage, breach of express warranties, breach of implied warranties, negligence: $34,718
Filed: 5/5/17

Latisha Ealy v. Town of Easthampton
Allegation: Negligence; defective stove provided by Easthampton Housing Authority caught fire, causing permanent scarring and emotional distress: $50,000
Filed: 5/5/17

Mitchell A. Schilling v. Dr. Allison J. Bell, Psy.D.
Allegation: Negligence, malpractice: $875,000
Filed: 5/19/17

Daily News

SPRINGFIELD — Professional advisors are invited to an exclusive estate-planning luncheon seminar with nationally recognized speaker Conrad Teitell on Thursday, June 22 from noon to 2 p.m. at Community Foundation of Western Massachusetts, 333 Bridge St., Springfield.

Financial advisors, attorneys, CPAs, and philanthropy professionals are invited to hear Teitell break down the charitable-giving process so they can help their clients. Named one of the “Best Lawyers in America,” Teitell is known for his ability to translate complicated law into English everyone can understand.

The seminar is co-sponsored by Western New England University and is designed to qualify for two CLE, CPE credits. A certificate of attendance will be provided.

Seats are limited. The cost is $75. For registration information, call Development Director Jenny Papageorge at (413) 417-6383.

Daily News

HOLYOKE — The Junior League of Greater Springfield’s (JLGS) third annual Beer and Wine Tasting fund-raising event will take place this Sunday, June 11, from 3 to 6 p.m. at the Holyoke Canoe Club. Proceeds from the event will support the Junior League’s scholarship fund. Every year, the Junior League awards a scholarship to a graduating high-school female who has exhibited exemplary leadership and community service.

This year, the event will include a silent auction, live music by Berkshire Hill Music Academy, and hors d’oeuvres by Log Rolling Catering. Vendors include Abandoned Building Brewery, Great Awakening Beer Co., White Lion Brewing Company, Barefoot Wines, Straight Six, Arcpoint Brewing, Fitvine Wine, Williams Distributing Co., Brewmaster Jack, Humboldt Imports, East of the River, Ninety Plus Cellars, and more.

“There are many young women who demonstrate strong leadership skills and dedication to volunteerism,” said Sharon Baldwin, president of the Junior League of Greater Springfield. “We are proud to recognize one of them with a scholarship, and this event ensures that we can continue to support young female leaders for years to come.”

The event is open to the public and sponsored by Commonwealth Packaging Corp. of Chicopee, O’Donald Law Offices, and Moriarty & Wilson, P.C. Tickets can be purchased through the Junior League of Greater Springfield’s website (www.jlgs.org) for $30.

“This event will help highlight the vitally important work the Junior League of Greater Springfield provides to the local community as well as reward a graduating high-school female for her hard work and service,” Baldwin said.

Daily News

SPRINGFIELD — The Western New England University School of Law Institute for Legislative and Governmental Affairs will host the Massachusetts Clean Energy Future Tour presented by state Sen. Jim Welch and the Senate Committee on Global Warming and Climate Change. The event will take place on Monday, June 12 from 6 to 8 p.m. in the Blake Law Center, J. Pellegrini Moot Court Room. The event is free and open to the public.

“This tour is an answer to thousands of constituent conversations, calls, and e-mails concerning the health and future of our local communities, and our world,” state Sen. Marc Pacheco, committee chair, explained. “Our residents want a strong economy, clean air, clean water, and, most of all, they want a future for their kids. We need to craft legislation that reflects that future. This tour will give us a perfect opportunity to hear from our communities.”

The Springfield hearing is the sixth stop on the Massachusetts Clean Energy Future Tour, which consists of nine public hearings across the Commonwealth, from the Berkshires to the Cape. The Senate Committee on Global Warming and Climate Change is providing this opportunity to hear thoughts on clean energy and climate and will give constituents an organized opportunity to voice their opinions on energy issues, climate change, and legislation they want to see.

The Institute for Legislative and Governmental Affairs at the Western New England University School of Law was established in 2000 to offer students the opportunity to participate in activities relating to the legislative process.

Daily News

SPRINGFIELD — Best known for special events involving tea, white gloves, dresses, fancy hats, and horse races, Square One is moving toward leather, helmets, and motorcycles for its next big fund-raising event.

Hosted by the Springfield chapter of the Buffalo Soldiers Motorcycle Club, the Bike to the Future Motorcycle Ride will be held on Saturday, June 17, starting at Square One’s offices on Main Street in Springfield. All riders are encouraged to participate with a donation of $20 per rider and $5 per passenger. Registration is currently open at www.startatsquareone.org.

Proceeds from the ride will benefit the children and families of Square One. The ride is sponsored by Alekman DiTusa Attorneys at Law, Harley Davidson of Southampton, National Ambulance, Interstate Towing, and Haymond Law. Sponsorship opportunities are still available.

“We couldn’t be more excited to be working with the Buffalo Soldiers on this very exciting opportunity,” said Kristine Allard, chief Development & Communications officer for Square One. “This event has enabled us to introduce Square One’s critical work to new partners who will help us continue to advance our cause. Huge thanks to all of our sponsors for generously supporting what promises to be an amazing event.”

Check-in will begin at 8:30 a.m., and the ride will start at 10 a.m. The 90-minute ride will wind through Springfield, Chicopee, and Holyoke and finish at 11:30 a.m. in Court Square in Springfield. An after-ride celebration will be held, including lunch and dessert provided by Frankie & Johnnie’s, as well as music and prizes. Children and families are encouraged to participate in the celebration. Tickets for the party are available for $12 per person.

Daily News

NORTHAMPTON — Attorney Michael Gove of Gove Law Office will offer an informative discussion about key issues that are important to understand when planning for the future or for the care of an aging loved one. The session will take place at Christopher Heights Assisted Living Community on Wednesday, June 21 at 6 p.m.

Gove will review various documents, such as healthcare proxy, trusts, power of attorney, last will and testament, declaration of homestead, and medical orders for life-sustaining treatment. Those in attendance should gain a better understanding of when and if these documents are necessary to complete.

The event is free and open to the public. Light refreshments will be provided, and tours of the assisted-living community will be available after the program. Seating is limited, and reservations are requested by June 16 by calling (413) 584-0701 or e-mailing [email protected]. Parking is available on Village Hill Road, Moser Street, and in the Christopher Heights parking lot on the corner of Moser Street and Musante Drive.

Education Sections

Bringing Classrooms to Life

By Alta J. Stark

Steven O’Brien emceed Western New England University

Steven O’Brien emceed Western New England University’s Student Media Festival, part of his spring internship as chair of the festival.

Today’s college graduates understand it takes much more than book learning to compete in the job market; employers are looking for real-world experience. Students gain that experience through internships in their field, but they gain more than that. BusinessWest spoke with a few from this year’s graduating class who said their internships gave them confidence, inspiration, connections, and, in one case, a whole new career focus.

As thousands of new graduates from the region’s colleges and universities prepare to start their careers in a competitive labor market, the range of their majors is as varied as their diverse backgrounds and talents. But they’re finding it often takes more than a degree to prepare for the work world.

Increasingly, who gets the plum jobs comes down to the work experience students accrue well before they graduate.

“As students transition out of the university into the real world, employers are looking for students with experience,” said Andrea St. James, director of the Career Development Center at Western New England University. “College internships are now a major component in providing students with on-the-job skill sets they need to succeed. We encourage students to get that experience early and often.”

All colleges boast active career centers that help cultivate meaningful and practical experiences for students, but a unique consortium of career-center professionals is bringing it all together in the Pioneer Valley. Comprised of career directors from American International College, Bay Path University, Elms College, Holyoke Community College, Springfield College, Springfield Technical Community College, Western New England University, and Westfield State University, College Career Centers of Western Mass (CCCWM) provides companies and organizations a central venue in which to connect with a pool of potential interns and entry-level candidates located in Western Mass.

“We meet monthly to learn from each other. We want to help students not only build their résumés, but help direct where they may want to take their education when they leave,” said St. James.

CCCWM cross-posts job and internship opportunities, participates in career fairs throughout the year, and educates and empowers students through special events and focus groups, she added. “It’s a great resource to add to the specialized career preparation that’s available to students in their schools’ career centers. We encourage students to start exploring opportunities in their first year because an effective combination of education and career programs is a valuable complement to the academic experience.”

Laurie Cirillo

Laurie Cirillo says her department at Bay Path empowers women to take charge of their own career path.

In addition, career counselors help internship-seeking students make and maintain connections with friends, peers, professors, and alumni who may be helpful in their search. To hear the students tell it, those efforts are paying off.

The Right Channels

As a communications major at Western New England University, Steven O’Brien is learning how to tell stories creatively and effectively. He’s an incoming senior who’s spent the past three years studying mass media, television, radio, online media, and media production. This past spring, he jumped at the chance to turn his academic learning into real-life, hands-on experience.

“Ask anybody who has anything remotely to do with finding a job after college — anybody from the career development center, any of my professors — and they’ll tell you internships are critical because more and more employers, even for entry-level positions, are looking for people who have experience in the field,” he said.

O’Brien chaired WNEU’s 15th annual Student Media Festival, which celebrates student-produced music videos, news reports, newspaper articles, radio programming, commercials, public-service announcements, and digital photography.

“The Media Festival is a huge part of the spring semester for everyone who enters WNE. My focus was to make this the best it could be and do my job well because a lot of people were counting on me to do that,” he said.


SEE: List of Colleges in Western Mass.


He worked closely with Professor Brenda Garton-Sjoberg, who told BusinessWest that internships place students in the driver’s seat to navigate through career options, as well as providing outstanding networking opportunities.

“They allow students to experience a job through academic credit to determine if that’s the best path for their future down the road,” she explained. “I believe internships are essential for anyone, especially students interested in careers in communications.”

Simply put, O’Brien added, “being in the internship environment forces you to either sink or swim. It puts you in a position that, if you don’t have these skills, you have to find them quickly. If you’re not familiar with something, you need to know about it, and you need to learn about it.”


We encourage students to start exploring opportunities in their first year because an effective combination of education and career programs is a valuable complement to the academic experience.”


What O’Brien liked best about the internship was wearing many hats. “It was really a multi-faceted internship that went beyond the norm. It dealt with myriad skills and disciplines from public speaking and PR to marketing, media production, event planning, social-media marketing, and e-mail marketing. To get a taste of each of those, I think, was incredible.”

St. James agreed. “It’s the soft skills that he’s building that all employers value; yes, it’s the networking, the résumé building, but knowing how to manage personalities, the critical thinking, the teamwork, the motivation, communication, the small talk that has to occur to bring this people together — that’s really invaluable.”

O’Brien aced the internship in more ways than his grade. He also networked himself into a paid summer internship with the festival’s media sponsor, Cloud 9 Marketing Group, a fairly new startup founded by a recent WNE graduate.

“I worked with him throughout the entire process, and got to know him,” he said. “After the festival, I e-mailed him to ask if he was looking for interns this summer. We met, and now it looks like I’ll have an internship this summer that grew from my spring internship.”

Gaining Empowerment

Alison Hudson has been performing since she was 3 years old. She says she’s always known she wanted a career that would include her love of the creative arts and her passion for psychology. She graduated from Bay Path University in May, majoring in forensic psychology, with a minor in performing arts. In the fall, she’s going to Lesley University to seek a master’s degree in mental health counseling with a focus on drama therapy.

Hudson said her senior-year internship was critical because it showed her she was on the right path for her future. Specifically, she interned as a residential assistant at Berkshire Hills Music Academy, a live-in community for young adults with developmental disabilities, who gain communication skills through music therapy.

“The students are really wonderful,” she said. “They welcome you into their lives, and it’s very rewarding.”

Tori Bouchard, certified trainer and 2017 Springfield College graduate (left), with Sue Guyer, chair of Exercise Science and Sport Studies at the college.

Tori Bouchard, certified trainer and 2017 Springfield College graduate (left), with Sue Guyer, chair of Exercise Science and Sport Studies at the college.

Prior to her internship, Hudson wanted to work with veterans and rehabilitated criminals, but her work at the academy pointed her in a different direction. “This internship gave me the confidence to take on the challenge of grad school and follow a career path of working with people using performing arts as therapy,” she said.

In fact, helping students build confidence helps them graduate, move on to graduate school, and get a job, said Laurie Cirillo, assistant dean of Student Success at Bay Path’s Sullivan Career & Life Planning Center. “We’re trying to empower women to be in power over their own destiny.”

To help students grow and develop self-reliance, Bay Path has adopted a unique take on the internship experience, which has become a hallmark of the university. “We don’t place our students; they work with a career coach to match themselves,” Cirillo said. “We provide a solid support system and strategies for success, but we’ve found multiple benefits to having students open the doors to the next steps of their lives and careers.”

When Delmarina Lopez entered Bay Path as a freshman, she didn’t think she could do that. The young Latina woman with a love for the public sector recalls that she was ready to transfer out.

“College was a rude awakening for me, academically, culturally, and financially, but President [Carol] Leary wasn’t going to let me go. I received amazing support, guidance, and mentoring. I stayed, and I do not regret it.”

Lopez, who’d already achieved success in her young life as the first high-school-age, community-based intern for former Gov. Deval Patrick, became more active on campus, serving as Leary’s presidential ambassador, as well as president of the Student Government Assoc. She started as a criminal justice major, then switched to legal studies after interning with attorney Elizabeth Rodriguez-Ross of Springfield.

“I knew her as one of a handful of Latina leaders in our community. It was good to work with someone who looked like me and has a similar background,” Lopez said. “She taught me the importance of mentoring and bringing someone up with you, not just focusing on yourself. I learned that law isn’t about competition; it’s about justice.”

Lopez applied to multiple law schools across the country and was accepted at 12; she chose to stay close to home, entering Western New England University Law School this fall on a full scholarship.

Cirillo says helping build a woman’s self-efficacy is one of the most rewarding parts of her job. “Many students come here with a lot of self-doubt, but by the end of their college experience, they’re able to stand back and see what they’ve achieved, and what lies ahead as they realize their potential.”

Trainers in Training

Springfield College is well-known for its athletic programs. “We’re preparing students for careers in the fitness and health industry, providing them with classroom and hands-on training from day one,” said Sue Guyer, chair of the school’s Exercise Science and Sport Studies program. “Undergrads and grads work with varying populations, from top-level athletes to still-developing high-school athletes and the elderly, and they’re influencing their lives for the better.”

Tori Bouchard completed six internships during her studies to become a certified athletic trainer. It’s a program requirement to complete a clinical rotation each semester, starting sophomore year.

“Through these rotations, we’re able to connect to patients, coaches, other athletic trainers, and other healthcare professionals, and athletic directors. We’re able to grow as athletic trainers,” Bouchard said. “We’re able to see and meet all sorts of different people. No case is the same. No patient is the same patient. So you take the theories you’re learning in the classroom, and you apply them to the setting, and not everything is always textbook. Nothing is ever textbook, actually. So, sometimes you’re learning one thing, but you realize  — under supervision of the preceptor — ‘oh, this isn’t necessarily going to work for this case, but I also know about this technique.’”

Guyer said it’s impossible to measure the true value of the experiential learning. “It’s invaluable to have the opportunity to mentor into the profession,” she told BusinessWest, noting that the rotations can also have a positive impact at understaffed schools, which may have large populations of student athletes, but just one athletic trainer on staff.

“If Springfield College sends two interns to that high school, they’ve added two qualified people to help maintain the health and well-being of students,” she went on. “What we’ve learned is, if a student is able to see, feel, experience, treat, and rehabilitate athletes, that it really brings the classroom to life.”

Bouchard agreed. “The connections with people are unbelievable,” she said.
“You learn so much just by talking to other people, learning what they’ve learned, and you grow as a person.”

Bouchard has passed her certification exam and is presently looking for a paid internship before heading back to graduate school. “I think I still have more to learn in the clinic,” she said. “I think you’re always learning something new, and I want to learn who I really am when I’m working on my own team without another athletic trainer.”

That is, after all, what the college experience is really about — young people learning who they are, what they can do, and how to realize their potential.