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For most people, their home is their most prized possession. This is often true from both a financial standpoint and a sentimental one. Both aspects of your attachment are key factors to consider when planning to undertake a major home improvement, and there are things you can do to help assure your project satisfaction.

Know Your Contractor

When undertaking a major home improvement, you are placing a considerable amount of trust in your contractor. At a time when you can get medical advice, purchase real estate, and even obtain a college degree online, it can be tempting to surf the net to find a contractor. If possible, this should be avoided.
The best and most honest contractor advertising is previous customers. Ask your friends, family, and neighbors who they used. Check out the contractor’s work, and speak directly to the other homeowners. If you are unable to get a recommendation, and you speak to contractors found online or in the Yellow Pages, ask for references of jobs they have completed. If the contractor has performed well in the past, those homeowners will often be pleased to show off their own projects.

Check the Records

Every home improvement contractor must be registered with the Com- monwealth. Once you have tentatively selected a contractor, you should visit www.mass.gov/bbrs/hic.htm. This Web site allows you to confirm that your contractor is registered. If the one you have selected is not, a red flag should go off in your mind, and you should select another contractor.

The most important aspect of hiring a registered contractor is your future ability to access the Guaranty Fund. Should the project sour and a lawsuit follow, the Guaranty Fund will pay a judgment in your favor up to $10,000. In many cases, this represents the only ability you will have to collect on a judgment.

The Contract

Every contract between a homeowner and a contractor should be reduced to writing. Actually, by law, all contracts over $1,000 must be in writing. In most cases, the contractor provides a contract, and a homeowner simply looks at the price and services, then signs it. Most do not read or give weight to other provisions.
For example, one common provision is the recovery of attorney’s fees in the event that the contractor must file a lawsuit against the homeowner. While this may seem reasonable, it doesn’t permit you to recover your own attorney’s fees if you must file a lawsuit against the contractor as a result of poor workmanship. You should insist that reciprocal language be included with respect to any attorney fee provision.

The Payment Schedule

It is just as important how and when payments are going to be made as how much the entire project will cost. While you always hope that the project will go smoothly, even though careful precautions have been taken, problems can arise. If they do, and the contractor either decides to walk off the job or is terminated, it is critical that the payments made to date have not exceeded the value of the work done. While it is standard practice to make payments under a contract in thirds (one-third as a deposit, one-third in the middle of the project, and one-third at the end of the project), tenths are preferable.

For example, if the contract is for $60,000, in the first scenario you are paying $20,000 before any work is performed and then an additional $20,000 with half the project left to unfold. After each payment is made, you expose yourself to a $20,000 loss. In the second scenario, only $6,000 is paid at a time, limiting the amount of money paid for future services. If the project ceases at any time, you will be less underwater.

Keep Records

Undertaking a home improvement should be a pleasurable experience that provides fond memories. In this respect, taking photographs at various stages of the project and keeping a contemporaneous journal can be a nice keepsake. These can also be powerful tools should future litigation arise. In this event, you will need to articulate your claim, and it is true that a picture is worth a thousand words.

The ability to show a jury pictures of defects throughout all stages of construction can be extremely persuasive. In addition, by referring to a journal, exact dates and times of events and conversations can be testified to. This also makes the claims more persuasive.

Lien Waivers

Even if you are satisfied with the quality of the home improvement, you will still not want to pay twice for it. If payments to the general contractor are made before lien waivers are received, this is a possibility. In Massachusetts it is illegal to require a contractor or subcontractor to execute a blanket lien waiver prior to performing his or her services. Although a homeowner cannot require a contractor or subcontractor to agree that they will not file a lien upon your property at the onset of a project, this can be required at the time of payment.

In most construction contracts, especially ones for new construction, payments are made to the general contractor at different intervals throughout the project. Prior to tendering any funds to the general contractor, the homeowner should require that the general contractor and all subcontractors who will perform services on the project execute a lien waiver.

The Punch List

A punch list is created toward the end of a project. It lists items that that you and the contractor agree need to be finished or repaired. These are usually small items that are mostly ‘fit and finish’ issues. All too often, by the end of the project the punch list has many individuals’ scribbles on it, is illegible, and perhaps torn and coffee-stained.

Should your relationship with your contractor break down, you will look to the punch list as a basis for refusing to pay the remaining balance due on the contract.
To restore the value of the punch list, a computer can be of immense value. A list of items that need to be finished or corrected can be generated, then you and contractor can both sign it. This is evidence of what both parties agreed were the issues. As items are finished or repaired, both parties should initial them. Should a dispute arise in the future, your relationship will be unambiguously documented. And in the event that litigation ensues, the punch list will allow the disputed items to be clear-cut and well-defined, making litigation streamlined and less expensive.

As the old saying goes, an ounce of prevention is worth a pound of cure. This certainly holds true when undertaking a construction project. By following these steps, you can increase your chances of success.

Adam J. Basch, Esquire, is an associate with Bacon & Wilson, P.C. He is a member of the Litigation Department with expertise in the areas of construction litigation, personal injury, general litigation, and creditor representation; (413) 781-0560;abasch@ bacon-wilson.com.

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In 1999, the state Supreme Judicial Court codified the legal industry institution known as pro bono work — providing services to individuals or groups free of charge. Most lawyers didn’t need the so-called ‘aspirational’ rule, which recommends 25 hours of pro bono work per year, to inspire them to give back to the community — they’d already found many important, imaginative ways to do so.

In Hampden County Housing Court, Thursday is ‘Eviction Day.’

Hundreds of cases involving claims made by landlords and tenants are heard, and many of them end with an individual lacking a roof over their head.

In many instances, that result comes about because the individual was indigent and simply could not afford legal representation, said Dorothy Varon, an attorney with the Springfield firm Robinson Donovan, who was one of architects of a program designed to change that equation.

Called the Hampden County Housing Court Pro Bono Project, the initiative has put together a volunteer corps of area lawyers, each of whom report for duty a handful of Thursdays a year and represent both landlords and tenants who would otherwise be representing themselves.

The project has succeeded in producing many positive outcomes that would be unlikely, if not impossible, if the litigants were handling matters pro se, said Varon, noting that the Thursdays spent in Housing Court bring rewards for the volunteer lawyers as well.

“This is something you can really wrap your arms around,” she said, referring to the personal satisfaction she takes from helping someone involved in such important matters. “When you’re in court and housing is the issue, the stakes don’t get much higher than that.”

The Housing Court initiative is just one example of the pro bono work undertaken by area lawyers — meaning legal services provided free of charge or at substantially reduced rates for groups and individuals in need. Such work takes a number of forms, from helping a young writer by reviewing a publishing contract to assisting a non-profit group by drafting a set of bylaws to representing underprivileged individuals in civil rights cases.

Pro bono work is encouraged by virtually all firms and professional organizations, and it is also legislated — sort of.

Rule 3:07 of the Massachusetts Rules of Professional Conduct and Comments Public Service, as written by the Mass. Supreme Judicial Court and put into effect in early 1999, states: “A lawyer should provide annually at least 25 hours of pro bono publico legal services for the benefit of persons of limited means.”

This ‘aspirational’ rule, as it’s called, further stipulates that such services should be provided without compensation or expectation of same to persons or to charitable, religious, civic, community, governmental, and educational organizations “in matters that are designed primarily to address the needs of persons of limited means.” It also states that in lieu of such pro bono work, lawyers should contribute from $250 to 1% of their annual taxable professional income to one or more of the organizations described above.

Most lawyers don’t need the SJC to tell them to donate time and energy to worthy groups and causes, said Archer Battista, a partner with the Holyoke firm Lyon & Fitzpatrick, LLP and current president of the Hampden County Bar Assoc., who noted that Rule 3:07 met with considerable controversy when it was adopted.

“The great majority of lawyers who recognize the responsibility to provide pro bono work recognized it long before the SJC codified it,” he said, adding quickly, however, that the aspirational rule may well raise individual and collective consciousness among those who didn’t feel the need to donate some of their time.

Battista told BusinessWest that most area lawyers contribute far more than 25 hours of their time per year, and have a lengthy list of groups they support.

Such is the case for A. Craig Brown, a partner with the Springfield firm Doherty, Wallace, Pillsbury, and Murphy, who lists education, workforce development, and the sport of lacrosse among his passions and, thus, beneficiaries of his pro bono work

He has donated time and considerable energy to groups ranging from Springfield School Volunteers to the Regional Employment Board of Hampden County to the Urban League of Greater Springfield. Meanwhile, he officiated hundreds of high school and college lacrosse games during a lengthy career carrying a whistle (cranky knees eventually forced him to stop) and is currently chairman of U.S. Lacrosse, a group committed to advancing the sport.

“I was a lacrosse official for 18 years, and was very active at both the high school and college levels — and that means that probably four days a week I would leave the office early to go officiate games,” said Brown, who told BusinessWest that the key for him — and most lawyers — is finding pro bono work that will have an impact in the community and bring deep personal satisfaction.

“You find time for what you need to find time for and what you want to find time for,” he said, speaking for many in his profession.

At Home with the Idea

Donna Wexler remembers her traditional holiday season vacation in 2004, spent in upstate New York with family.

It was similar to others, except for a logistical bump in the middle — a quick trip back to Springfield to handle a real estate closing, in this case a home being acquired through the regional Habitat for Humanity program.

Wexler could easily have handed off the assignment to another lawyer at Bacon & Wilson, the Springfield-based firm for which she has been a partner since 2001, but she thoroughly enjoys being part of the process of placing Habitat families in homes.

“I get such a charge out of doing it … these people are so thrilled to be getting into a home,” she told BusinessWest, noting that the closings — she’s handled several over the past few years — comprise only a small portion of the part of the pro bono work she performs.

Working through the Volunteer Lawyers Service, a program of the Mass. Justice Project, Wexler has provided pro bono services to qualified individuals (usually low-income women) in areas including divorce, child support, paternity, and others. It is rewarding work, she said, and continues a tradition of community service at the firm.

“It’s really part of our culture here … the partners are all great role models when it comes to pro bono work,” she explained, adding that lawyers at the firm are encouraged to meld their particular specialties within the law with their specific interests within the community to make a positive impact.

Work with Habitat for Humanity is a natural fit, she continued, because it enables her to take her skills in residential real estate and apply them to a program that has helped dozens of area families achieve the American dream.

Meanwhile, her work with the Volunteer Lawyers Service addresses the fundamental mission of all pro bono work, she explained — making the justice system more accessible to all people, no matter their income level.

This was the motivation behind the Housing Court project, said Varon, noting that judges serving on that court, Hank Abrashkin and Dina Fein, and staff recognized a critical need to provide legal representation for those who find themselves at the court on Thursday.

“The court had identified a terrible, terrible need because the stakes are so high,” said Varon, adding that in her capacity with the Board of Trustees of the Women’s Bar Foundation, the charitable arm of the Women’s Bar Assoc., she and others started an initiative to address that need.

“There was great interest in helping, because when the court identifies an issue, you want to pitch in,” she explained. “There was so much pro se representation because a significant portion of that population simply cannot afford a lawyer, and it is a very technical area of the law.”

Elaborating, she said many tenants facing eviction due to non-payment are not aware of all their rights and possible counterclaims with regard to habitability. Meanwhile, many landlords are not sufficiently legally literate to prevail over what Varon called “nightmare tenants.”

After soliciting dozens of volunteers from area firms and solo practices, the Pro Bono Subcommittee of the Women’s Bar Foundation enlisted the Springfield firm of Heisler, Feldman, McCormack & Garrow (experts in this speciality) and specifically partner Suzzanne Garrow to provide training to those volunteer lawyers.

The program will celebrate its first year of service later this month with a pizza party, said Varon, noting that it has succeeded in placing volunteer lawyers in Housing Court almost every Thursday, and their presence has been felt by litigants and court personnel alike.

“It’s definitely having an impact — we’re getting a great response from the attorneys and the court,” she said, adding that in most, if not all, of the specific cases she has been involved in, the result would have been different if a lawyer was not involved.

Case in Point

This difference-making quality is what attracts most lawyers to pro bono work, said Battista, adding that the majority of those in the legal profession provide assistance that far exceeds the SJC-recommended levels.

That’s because there is great demand for such legal assistance, he explained, as well as a desire on the part of the local legal community, including local bar associations, to help lawyers meet their pro bono responsibilities.

In Hampden County, for example, there is a wide array of pro bono programs, similar to the Housing Court initiative, that target constituencies ranging from troubled youths to the elderly, from the homeless to AIDS patients.

And the work is not always done in the courtroom or behind a desk, said Battista, noting that lawyers have volunteered time to local soup kitchens by serving food, not drafting contracts.

“We have a number of programs that enable lawyers to find pro bono work,” he explained, listing as just one example an initiative within the bar association’s new lawyers section that helps match such individuals — those with less than 10 years in the profession — with volunteer opportunities.

Brown told BusinessWest that he has never had to look for pro bono work — it has often found him. That was the case with his lacrosse officiating and also with his work with several groups like the Urban League, REB, and the Springfield school system.

He said the work often takes two forms — specific legal services, such as helping to draft contracts or bylaws, and service on a board or commission. Brown has spent the past several years on the Urban League board, for example, and makes that agency’s annual presentation before the United Way.

Brown, like Battista, said lawyers bring more than just legal expertise to a board. Their training in the law, solid public speaking skills, and ability to problem-solve often facilitate debate and move agendas forward.

“Lawyers can help organize board decision-making and also help move things along,” he explained. “They can bring issues into focus and really make solid contributions to the work those boards do.”

Like Wexler, Brown said he has worked in a culture that greatly encourages pro bono work — he is only the latest lawyer at Doherty Wallace to win the Community Service Award presented by the Mass. Bar Assoc. — and that support system has enabled him to contribute in so many areas.

However, one challenge for lawyers is to find the right types of pro bono and an adequate volume, he explained, noting that some find it hard to say ‘no.’

“There are some times when I feel I have too much going on, but you get through those periods,” he said. “Squeezing everything in is hard, and it makes for a busy career — but it also makes for a rewarding career.”

Final Arguments

Reflecting back on her career in law, Varon, whose next scheduled Thursday in Housing Court comes later this month, said her pro bono work has taken a number of forms — from helping young artists with contracts to assisting seniors with health insurance issues, such as understanding coverage and maximizing benefits.
The common denominator was a simple desire to take the skills she acquired and use them in ways that would benefit individuals and the community as a whole, she said, noting that most area lawyers have similarly lengthy lists of benefactors.

“Sometimes you get a call from someone, and you know they don’t have the ability to pay you, but they have a compelling story,” she said. “You want to help, because you’re supposed to and because you can. It makes being a lawyer very satisfying when you’re in a position to help someone who needs your help.”

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

Those interested in participating in the Hampden Court Housing Court pro bono project can call Suzanne Garrow at (413) 788-7988, or E-mail;[email protected]

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Attorneys Begley and Moriarty Make a Firm Commitment

Michelle Begley was afraid the phone simply wasn’t going to ring.

“That was my biggest fear,” she told BusinessWest, reflecting on her thoughts in the days before she and partner Tanya Moriarty opened their law firm. “I had visions of myself staring at the phone all day long, saying ‘please ring, please ring.’”

“Instead,” she continued, “there are days when I look at the phone and I feel like yelling, ‘stop ringing!’”

That’s a mild exaggeration, said Begley, who dutifully answered the phone several times in the course of her interview with BusinessWest. But both she and Moriarty agree that their first three months as a team have far exceeded the expectations spelled out in a business plan they know they must revise.

“I was a little apprehensive, too,” said Moriarty. “I pictured myself sitting at my big desk tapping my fingers and thinking, ‘now what do I do?’ But it certainly hasn’t been that way.”

Indeed, the two have melded their specialties — Begley handles personal injury, employment law, divorce, collaborative law, and Social Security disability, while Moriarty focuses on residential real estate, landlord/tenant issues and other Housing Court matters, immigration, and family law — into a venture with promise, fueled thus far by solid word-of-mouth referrals.

That’s not to say that there haven’t been some transition issues for the principals of Begley & Moriarty Attorneys at Law (the two let the alphabet dictate the name), especially for Begley. She left Bacon & Wilson, a large firm (for this market), and is making the adjustment from having a large support staff handle many tasks to doing everything herself.

“Before, if I was handling a personal injury case, the paralegals would handle all the administrative work on it,” she explained. “Now, I have to take care of all those things, like requesting medical records on individuals. I was amazed at how little I knew about those things — but I’ve learned quickly.”

The adjustment has been easier for Moriarty, who was an associate for a smaller firm — Johnson & Sclafani in West Springfield — before opting to put her name over her own door.

“As an associate with a firm that size, you have to do a lot of different things,” she explained. “I was the first point of contact with most clients; that experience has made it easier for me to make this transition.”

Solid Evidence

As she talked about her decision to leave Bacon & Wilson and start her own firm, Begley said there were several factors that went into the move, both personal and professional.

She said she has three young children, and desired a situation that provided greater flexibility. On the professional side, meanwhile, she told BusinessWest that, while she enjoyed her eight-year stay as an associate with the Springfield firm, there was an element missing from the equation — a sense of ownership.

“I considered myself at a crossroads in my career,” she told BusinessWest. “I was getting pulled in a number of directions and wasn’t really sure how to deal with it.”

At one point, she considered changing professions and becoming a teacher. But Moriarty, who had already been there and done that — she taught elementary school in England before attending law school at Western New England College — offered another option.

It was over dinner at Pintus in West Springfield about a year ago that the two, who knew each other because their husbands were lifelong friends, first started talking about creating their own firm. Over the next several months, the talks became more serious, and by last fall they concluded that they had the chemistry and shared vision needed to turn the talk into action.

On Jan. 1, the firm opened its doors on Park Avenue in West Springfield.

Both Begley and Moriarty retained many of their clients from their previous places of employment, giving them a solid base on which to build. They said they intend to grow by adding to their client list, but also by cross-selling, as they put it, to those for whom they’ve already provided services.

“When you complete a real estate closing for someone, you’re done with that work, but that individual may also need a will or a health care proxy,” Moriarty explained. “And with a divorce, often there’s the sale of a house, and most people need to have their wills reworked; we can provide a lot of different services for clients.”

Begley concurred, and said the practice of cross-selling is part of her transition process.

“Before, when I would handle a divorce for a client, that would usually be the end of it,” she said. “Now that I have my own business, I’m more focused on looking to provide additional services to clients beyond what they hired us for.”

Moriarty told BusinessWest that while the two partners do collaborate on a few cases, for the most part they manage their own workloads. In that sense, Begley & Moriarty is essentially two separate practices under the same roof.

But some decisions and business strategies must be made from the firm’s perspective, she continued, adding that these are handled at regularly scheduled Friday “board meetings” between the partners.

Among the subjects discussed recently is how the volume of work has greatly exceeded projections laid out in that business plan, a situation that presents both challenges and opportunities.

“We want to be careful, and make sure we can handle the business that is coming in,” said Begley, adding that the two partners are firmly focused on smart growth and quality service to the growing list of clients.

The two partners say they are somewhat surprised, but also pleased, that the current volumes of phone calls and business have been achieved without any real marketing beyond the phone book, word of mouth, and a recently activated Web site:www.BegleyMoriarty.com.

Moving forward, the two will continue to rely on that formula, while also working to become increasingly visible in the community through participation with various non-profit groups such as the Women’s Partnership, the Pioneer Valley American Red Cross, the YMCA of Greater Springfield, and others.

As for the partnership itself, both principals said they did a considerable amount of work preparing for their venture, taking full advantage of programs, seminars, and materials offered by the Mass. Bar Assoc. and other professional groups.

“We looked at it as a marriage — something you have to work hard at to make it work,” said Moriarty. “We have to get along personality-wise to survive; we also know there will ups and downs, good times and bad, but we believe we have the attitude to succeed through all that.

“We knew that it was going to be a challenge, and that it was going to be rough,” she continued, “but that’s part of what makes it exciting.”

Final Arguments

Returning to the subject of her ongoing transition from a large firm to a small one she co-owns, Begley said there have been some adjustments she’s had to make.
“Before, I would sign things and they would magically get filed with the court,” she said, referring to the large support staff at Bacon & Wilson. “Now, I have to handle all the forms and do a lot more things myself.”

Like answering the telephone, which, thankfully, hasn’t stopped ringing.

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

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Paul McDermott remembers the first time he saw the site of the former Belchertown State School.

That was late last fall, several months after Ernest Bleinberger, senior vice president and COO for Maryland-based Hunter Interests first invited him to take a look. Hunter is the firm hired by the Belchertown Economic Development and Industrial Corp. (BEDIC) to conduct a feasibility study of plans to convert the site into a resort hotel and wellness complex and generate some interest for the project in the development community.

Bleinberger had worked with McDermott, now president of a Chicago-based venture called Bridgeland Development LLC, on a few mixed use development projects, and thought the BSS campus and the potential to transform it into something unique would intrigue him.

He was right.
“It took some prodding, but I finally got there,” said McDermott, who had been working on several large-scale development projects and thus struggled to find some time in his schedule. “And when I did, I fell in love with the site and the community, and decided that this was something I really wanted to go after.”

By that, he meant the unique concept that has been proposed for a portion of the 400-acre site — a destination resort spa with related, wellness-oriented businesses and attractions. The planned mix would include several of the elements from other projects McDermott has worked on, including hotels, wellness centers, sports facilities, equestrian centers, restaurants, and others, but not all in the same package.

“I’ve never done a project quite like this one, and that’s what intrigues me,” said McDermott, whose firm was chosen earlier this month to be the master developer for the BSS project, known colloquially as the Cold Springs Resort Hotel and Spa Complex. Bridgeland will spend the next three months taking the conceptual plans for the concept and shaping them into a working model based on market realities.

A memorandum of understanding could be inked by the end of the month, said McDermott, adding that, while the project’s final price tag will be determined by the components included in it, the cost will likely be between $70 million and $100 million (with 80% or more being private money), making it one of the largest development efforts the region has seen in recent years.

BusinessWest looks this issue at the next steps in the process of making it reality.

Mind over Matter

As he talked with BusinessWest via cell phone, McDermott was being guided by his car’s onboard navigation system to a massive, 1,200-acre development in Rock Hill, S.C., just south of Charlotte.

There, Bridgeland and its parent company, Cincinnati-based Pollution Risk Services Inc. (PRS), are finalizing plans for the Greens at Rock Hill Project — one of the largest development projects currently underway in the country — at the long-shuttered Celanese Fibers Company complex. Plans call for roughly 300 acres to be devoted to warehouse and light manufacturing, another 300 acres of retail, a satellite medical campus with a 100,000-square-foot wellness center, and more than 1,000 residential units.

Rock Hill is one of many environmentally challenged sites that PRS has placed in its portfolio over the years. The company specializes in remediation of such sites — more than 3,000 of them since the company was formed 21 years ago — and, in recent years, has added a development component to its roster of services.

The desire to expand the development aspect of the business led PRS President Mark Mather to partner with McDermott and create Bridgeland in early February. The company is already engaged in managing four urban mixed-use development projects, including Rock Hill, and is consulting on an equestrian center project in San Antonio, a 50-acre retail and hotel development project in Bridgeview, Ill., and a 100-acre mixed-use project in Costa Rica that will include more than 100 residential units, retail, commercial, and an equestrian center.

Bridgeland is the latest stop in McDermott’s 28-year career in the management of complex projects that cross several realms, including commercial, industrial, hospitality, residential, sports, entertainment, and others.

While serving as a project executive for International Facilities Group, LLC (IFG) and, prior to that, as senior vice president at Mesirow Stein Real Estate and manager of project management services for Hanscom Inc., McDermott worked on several large-scale projects. They include ‘The Glen,’ a $1 billion redevelopment of the closed Glenview Naval Air Station in Illinois; another base-closure redevelopment at the Orlando Naval Training Center; a $70 million project to build a new stadium for the Chicago Fire professional soccer team; and the $150 million Orlando Performing Arts & Education Center.

McDermott told BusinessWest that he will borrow from those experiences and many others as he works to bring the BSS concept from the drawing board to reality.

The Cold Springs Resort Hotel and Spa Complex is the vision that has emerged for the state school property, which has been the subject of considerable speculation since the state-run residential facility for the mentally retarded closed its doors in 1992. Several possible uses have been forwarded in the years since — from a jail to a retail center, to a national music center — but none have materialized.

The spa concept was eventually brought to the table by town resident Elizabeth Tarras, who once worked in marketing for Springfield’s Business Improvement District. She began researching the subject and concluded there was a market for a moderately priced resort spa in the center of the state, and that such a venture could be complemented with other health- and wellness-related businesses and activities to create a viable destination.

Hunter Interests, which has undertaken feasibility studies, market studies, financing plans, marketing strategies, and other initiatives for a wide range of development projects, including the one in Rock Hill, was hired in early 2005 to conduct such pre-development work for the BSS site.

This included the coordination of a request for proposals (RFP) for the site, which eventually drew responses from 23 “interested parties,” including Bridgeland.

McDermott said the Belchertown site is not considered to be environmentally challenged — although there are some issues, such as asbestos removal — but it does fit the profile of the type of mixed-use project that he and PRS specialize in.

The next three months or so will be devoted to putting a mix together and creating a working plan for the site. Elements to the Cold Spring project could everything from senior housing to a micro-brewery; a medical office building to cross-country skiing.

“We have 90 days to pull together a development team, which means we’ll select a hotel developer and operator, a wellness center operating company, restaurateurs, and a planning team with architects, engineers, and master planners,” he explained. “We’re looking at developing a museum, some sports facilities, an equestrian center, some retail … we’re going to come up with the package we think will work.

“We want to confirm that this is economically viable,” he continued, “or, to put it another way, confirm what it will take to make it economically viable in terms of amendments to the original plan.”

The assembled team will also assess which of the buildings on the campus can be renovated for new use and which will be razed, said McDermott, noting that while the overall site is historic, individual buildings on it are not.

“There are well over 20 existing buildings on the site in various states of disrepair, and one of our next tasks is to do an assessment,” he explained. “Essentially, we’ll have to do a cost/benefit analysis on each building regarding the cost to remediate, renovate, and their specific usability.

“Overall, there are a lot of questions we need to answer — for example, do we want a boutique hotel or a main-brand hotel; a 50,000-square-foot wellness center or a 100,000-square-foot wellness center,” he said. “Hopefully, we can answer them over the next 90 days.”

Building Suspense

If all goes well, permitting and site plan work and remediation of buildings within the complex could be completed over the next 18 months, said McDermott, adding that the hotel could be open within 2 1/2 years.

For now, though, the focus is on shaping the broad vision for the property into a workable plan.

“This is an awesome site with enormous potential,” he said. “I think we can do something special here.”

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

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Mike Oleksak, a veteran commercial lender most recently with TD Banknorth, has been named regional president for Berkshire Bancorp’s Pioneer Valley operations. His charge is to aggressively pursue market share in the region and to clear a bar that has been set very high.

Mike Oleksak remembers his first job in banking. He was 19, and working as a teller in the main branch of Westfield Savings Bank.

He remembers watching then-president Art Knapp, vice-president Don Williams, and other officers of the bank, and trying to learn from how they conducted themselves and interacted with customers.

“I wasn’t really sure what they did,” he recalled with a laugh. “I just knew that I wanted to be one of them.

“Art Knapp was a real inspiration,” he continued. “Whenever anyone in the community talked about him, they did it with deep respect in their voice. And he handled every customer, from the smallest to the largest, with the same degree of gentleness and kindness.”

That’s an operating style that Oleksak has adopted during a 28-year career that has taken him to several positions at a number of institutions (many of which don’t exist anymore) and ultimately to the rank of senior vice president and co-regional executive at TD Banknorth.

And it’s one he’ll apply in a position that ultimately pried him from his attractive post at Banknorth — that of regional president for Berkshire Hills Bancorp’s Pioneer Valley operations, which, the bank announced recently, will be managed as a separate business unit with local commercial lending decisions.

The assignment, which he assumed late last month, brings Oleksak back to his native Westfield (home to Woronoco Bancorp, which Berkshire acquired last year), and makes him point person for the Pittsfield-based institution’s efforts to continually grow its presence — and asset and deposit totals — in the Pioneer Valley.

Berkshire acquired Woronoco and its 10 branches roughly a year ago, and has spent the ensuing months melding Woronoco’s strong track record in consumer products and mortgage lending with Berkshire’s recent success in commercial lending and wealth-management products.

Thus far, the results have far exceeded what were considered lofty expectations, said Michael Daly, chief executive officer of Berkshire Hills.

He told BusinessWest that deposits in the Pioneer Valley have risen by $42 million — to $416 million — since the merger last June, which is an annualized rate of 20%. And he believes the bank can match that number again in each of the next several years.

“That’s an aggressive goal, for sure,” he said, noting that most community and regional banks would be content with 4% or 5% annual deposit growth. “But one we certainly feel we can achieve.”

Oleksak agreed. He told BusinessWest that the strong showing in Berkshire’s first year in Hampden and Hampshire counties results from the enthusiasm of employees and ongoing efforts to monitor and continuously improve service.

For the future, Oleksak’s primary goals will be to bolster the commercial lending side of Berkshire’s ledger, while working with Daly and other members of the management team to expand the bank’s footprint through additional branches and perhaps further acquisitions.

He’ll do all that while acting as what Daly called the ‘face,’ of the Western Mass. operations, providing visibility and leadership within the region.

BusinessWest looks this issue at Oleksak’s appointment and how he’ll approach his charge to lead the bank’s efforts to gain market share in the Pioneer Valley.

Strong Statement

As he talked about Oleksak’s ascension to the position of regional president, Daly said this was an appointment that certainly didn’t happen quickly.

That’s because the bank took its time finding the right individual for the assignment, he explained, and because Oleksak took some more time making up his mind to take it.

“It really was a difficult decision for me to make in some ways,” said Oleksak. “I was very happy at Banknorth and had no real reason to look for another job.”

But when he was approached by Daly about the position, he was convinced to at least explore the opportunity. He did, and with some encouragement from Berkshire’s chairman of the board, Larry Bossidy, a former executive with General Electric and CEO of Honeywell and Allied Signal, he became convinced that this was the next logical step in his career.

“What ultimately helped convince me was Mike Daly’s passion for making this bank grow,” said Oleksak. “It’s infectious, and it made me want to come here and help him get to the finish line.”

Daly said Berkshire was drawn to Oleksak by the level of respect he commanded from individual customers, and by the business community as a whole.

“We intend to continue to build this team,” he explained, “and the best way to build a team of high performers is to have someone leading that group that others respect.”
Oleksak has built up that respect, and a large Rolodex of contacts, through a lengthy career focused mostly in commercial real estate and commercial lending.

After a seven-year stay at Westfield Savings Bank, which culminated as branch manager in West Springfield and Agawam, he moved to MultiBank (one of those institutions swallowed by merger), where he held several positions, including credit analyst. He became a junior loan officer at Vanguard Bank in Holyoke in 1988, and was later promoted to assistant vice president and, then, interim senior lender, a post he held until the bank was closed by the FDIC in 1993.

He eventually rose to the position of vice president and commercial & industrial lender at Shawmut, and remained in that capacity through that institution’s merger with Fleet in 1998. From there, he moved to what was then SIS, starting as a vice president of commercial lending and team leader of the Commercial Real Estate Department. Over the next eight years, he took a portfolio of $125 million and a staff of two lenders, and grew it to $650 million and eight lenders.

It was those numbers that drew the attention of Daly, who told BusinessWest that, moving forward, one of Berkshire’s primary goals is to grow its commercial loan volume.

Taking Interest

To do that, the bank will take the same approach it has with other initiatives, broad and specific, said Daly, and that it is to be aggressive.

Such an attitude is certainly necessary in a highly competitive commercial market in which a host of local players, joined recently by Berkshire (which had only a minor presence in the Valley before acquiring Woronoco) and a growing list of Connecticut banks, are vying for business in what is considered a a low- or no-growth area.

To succeed in such an environment, banks need experienced lenders who know the market and the businesses in it, quality products, including attractive rates, local decision-making ability, and a game plan grounded in smart growth, said Oleksak, adding that Berkshire is putting those ingredients together.

A commercial lending team is being assembled, he told BusinessWest, adding that additional lenders will be added to the current team of four. Meanwhile, the designation of Berkshire’s Pioneer Valley operations as a separate business unit gives Oleksak and the team he assembles lending authority over roughly 80% to 90% of the deals that emerge.

As for smart growth, Oleksak said the bank will take a steady, responsible approach to expanding its portfolio, working to do what is best for both the bank and its stockholders — as well as the customers.

“Fundamentally, I’m not going to do anything different than I did at Banknorth or at Fleet,” he said. “It’s about treating people the right way and making a consistent calling effort; it’s about being attentive when they need something and getting back to them right away.

“And sometimes ‘no’ isn’t the worst answer you can give a client,” he continued. “They can respect you just as much for saying ‘no’ as saying ‘yes,’ or for finding another way to get them what they need.”

As for the consumer products side of the ledger, Berkshire and Oleksak plan to be equally aggressive. This is apparent in Daly’s stated goal for the next three years — growing deposits by 60% in the Pioneer Valley.

That projection comes at a time when another newcomer (Connecticut-based Webster) has arrived in Westfield — soon to be joined by Holyoke-based PeoplesBank, which is opening a facility directly across East Main Street from Webster — and new branches are opening on seemingly a monthly basis across the Valley.

And Berkshire, which currently has locations in Westfield (2), Southwick (2), Chicopee Falls, East Longmeadow, Longmeadow, Agawam, Ludlow, and South Hadley, will be joining the fray. It has a stated goal of opening four new branches in the region over the next year (specific locations were not identified) and another four or more in the year or two after.

Such increased presence, especially in communities where the bank currently doesn’t have facilities, will certainly help in the efforts to meet Daly’s aggressive goals for deposits, which obviously must be matched with loan and total asset growth, said Oleksak, adding quickly that it goes well beyond bricks and mortar.

Customers are drawn by quality products and service, he said, which brings him back to the impressive numbers posted by Berkshire in its first year in the Pioneer Valley.

“Remember, this was at a time of great uncertainty, when we were melding one bank’s culture with another, and when we didn’t have a regional president,” he said. “To post those kinds of numbers under those circumstances is remarkable, and it all comes back to the enthusiasm of the staff.

“Looking ahead, we do have some aggressive goals,” he continued, “but that’s exciting; it’s going to be fun to go out and accomplish them.”

The Bottom Line

Assessing his latest career move, Oleksak said that, in some ways, he has come full circle.

He is back in the community where he started, and he is now the one young tellers will look across the room at and, ultimately, attempt to learn the business from.

As he takes on the assignment, he’ll apply the same basic approach as Art Knapp — treating every customer the same way. By doing so, he believes he and his team can meet or even exceed those aggressive goals for growth.

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

Departments

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

AGAWAM

A&N Waste Management Services Inc.,
1211 Springfield St., Agawam 01001.
Randy Zymroz, 755 North Westfield St., Feeding Hills 01030.
Waste management.

Commercial Grounds Maintenance Inc.,
26 Perry Lane, Agawam 01001.
Stephen A. Amato, same.
Lawncare, landscaping, installation, and maintenance
of irrigation systems, etc.

AMHERST

Twilight Cone Inc.,
19 Pleasant St., Amherst 01002.
Eric Szolka, same.
The purchase and resale of ice cream, frozen yogurt, etc.

BELCHERTOWN

Belchertown Fitness Center Inc.,
30 Tucker Lane, Belchertown 01007.
Kathleen T. Fitzpatrick,
45 Greenwich Hill, Belchertown 01007.
Fitness center.

CHICOPEE

Blue Kaktus Inc.,
70 Exchange St., Chicopee 01013.
Krzysztof Korczak, same, president;
Eliza Arlena Rupacz, same.
Restaurant.

G.T. Enterprises Inc.,
204 Arcade St., Chicopee 01020.
Cary L. Rivest, same.
Pizza shop/restaurant.

M. Demos & Son Inc.,
30 Haynes Circle, Chicopee 01020.
Susan R. Ackerman, 20 Oakwood Road,
Simsbury, CT 06070. William L. Ackerman,
30 Haynes Circle, Chicopee 01020, registered agent.
Furniture and antique restoration and refinishing, etc.

EASTHAMPTON

Adamo’s Inc.,
126D Northampton Road, Easthampton 01027.
Sara K. Adamos, 48 Tanglewood Road, Amherst 01002.
Restaurant business.

HAMPDEN

Topshelf Records Inc.,
171 Glendale Road, Hampden 01036.
Joshua Seth Decoteau, same.
The distribution, promotion, and selling of music.

HUNTINGTON

Lansing Distribution Services Inc.,
10 Pond Brook Road, Huntington 01050.
David L. Lansing, same.
Delivery, distribution, and installation of hot tubs.

LUDLOW

Reliable Home Solutions Inc.,
87 Reservoir Road, Ludlow 01056.
Kathleen F. Murdock, same.
To deal in real estate.

MONSON

Stirling’s Choice Inc.,
114 Upper Hampden Road,
Monson 01057. Susan Rodgers, same.
Retail of general merchandise.

SOUTHWICK

Zephire Corp.,
208 College Highway, Southwick 01077.
Amy Thompson, 356 Granville Road, Southwick 01077.
Healthy living solutions for women.

SPRINGFIELD

Chinese Qi Gong Tui Na Inc.,
1655 Boston Road, Springfield 01129.
Zhaowei Liang, 48 Tavistock St., Springfield 01119.
Massage therapy.

D & F Food Service Inc.,
355 Belmont Ave., Springfield 01108. Jesus Diaz,
22 Dutchess Dr., Orangeburg, NY 10962. Paul M. Kalill,
355 Belmont Ave., Springfield 01108, registered agent.
To own and operate a retail establishment.

J.C. Williams Community Center Inc.,
116 Florence St., Springfield 01105. Steven R. Williams,
141 Florence St., Springfield 01105. (Nonprofit)
To provide a Christian-based environment for services to family members of all ages, etc.

Pro Wireless Inc.,
40 Cliftwood St., Springfield 01108.
Rizwan Ahmed, same.
Operation of a mobile telephone store.

Wilmar Management Inc.,
340 Cooley St., Suite 282, Springfield 01128.
William A. Mann, 1357 East 40th St., Brooklyn, NY 11234. Stanley D. Komack, 117 Park Ave., Ste. 201, West Springfield 01089,
registered agent. To deal in real estate.

Yazel Construction Inc.,
1398 Plumtree Road, Springfield 01119.
John Yazel, same.
Real estate development.

WESTFIELD

Truly Mine Card Shop Inc.,
24 Glenwood Dr., Westfield 01085.
Mrs. Margaret Mannion, same.
Sales — greeting cards, consignments, lottery.

WILBRAHAM

Kristensen Decorating Inc.,
1347 Tinkham Road, Wilbraham 01095.
Julie Kristensen, same.
Decorating services.

WEST SPRINGFIELD

F & G Development Corp.,
76 Wolcott Ave., West Springfield 01089.
Shaun C. Giberson, same.
Construction of single and/or multi-family dwellings.

Departments

David Pinsky has been named President and Chairman of the Board of Tighe & Bond of Westfield. Joining the firm in 1988, Pinsky has led many project teams with his expertise in water supply, distribution and treatment.

•••••

Debra Mahannah

Debra Mahannah has joined The O’Leary Company of Southampton. She brings more than 20 years of experience in the design and management of office renovation projects in Western Massachusetts and Connecticut.

•••••

Carla Oleska, Ph.D., former Associate Academic Dean of Elms College, Chicopee, will serve as Executive Director of the Women’s Fund of Western Mass., based in Easthampton.

•••••

Architect Jeremy Toal, AIA, has joined Dietz & Company Architects of Springfield. Toal’s previous works incorporated renewable energy, energy efficiency, and healthy, durable, natural materials.

•••••

Massachusetts Mutual Life Insurance Company in Springfield announced the following:
• William F. Glavin, Jr. has been appointed head of the Individual Insurance Group at Massachusetts Mutual Life Insurance Company. He moves to MassMutual from his position as President and CEO of Babson Capital Management LLC. Both MassMutual and Babson Capital are members of the MassMutual Financial Group family of companies.
• Charles Schuhmann has been named Western Life Sales Manager, and
• Bradford Smith has been named Eastern Life Sales Manager.
Both Schuhmann and Smith will be responsible for MassMutual’s field wholesaling force that delivers life insurance products to independent life brokerage agencies and third party marketing firms in the western and eastern regions respectively.

•••••

Susan L. DeFeo

Susan L. DeFeo has been elected Senior Vice President, Director of Operations and Technology at Florence Savings Bank.

•••••

Sarah J. Zingarelli recently joined the Pioneer Valley Planning Commission of West Springfield as a Planner in the Land Use and Environment section.

•••••

UMass Amherst alumni Ellen Ferraro and Regina Valluzi will be honored by Mass High Tech as Women to Watch 2006. Mass High Tech is a weekly publication, based in Boston, which focuses on business and technology challenges in New England. Ferraro is the deputy director of the system validation, test and analysis directorate for Raytheon Integrated Defense Systems, and Valluzi is the founder and chief scientific officer of Evolved Nanomaterial Sciences. Both women were among 10 New England-based women who were recently recognized as future leaders and innovators at an awards dinner in Boston.

•••••

T. David Constant

Webster Bank announced the following:
• T. David Constant has been appointed Vice President of the West Springfield office, and

Amybeth Perry

• Amybeth Perry has been named Vice President of the Westfield office.

 


•••••

Sherry Leastman has been promoted to Branch Manager of Countrywide Home Loans’ Northampton branch, where she will be responsible for developing Hampshire, Franklin and Berkshire counties.

•••••

Matthew Nocton has been promoted to Senior Account Executive for MassLive.com. He will oversee major local and regional accounts.

•••••

Lisa Watts, owner of Cold Spring Events in Belchertown, has earned the designation of Certified Bridal Consultant through the Association of Bridal Consultants.

•••••

Crystal Carrol has joined the Palmer office of Carlson GMAC Real Estate as a Sales Agent.

•••••

Zoar Outdoor in Charlemont announced the following:
• Nicole Yezierski has been appointed Office Manager, overseeing customer service, reservations and group sales;
• Michael Porter has been appointed Assistant Rafting Manager.

•••••

Darryl Thomas has joined 84 Lumber in West Springfield as a Manager Trainee.

•••••

Lawyer Richard S. Ravosa Jr. has been recognized by Massachusetts Lawyers Weekly as a “Rising Star/Up and Coming Lawyer.” Ravosa has offices in Springfield and Boston, and is the founder and executive director of Town & Country Legal Associates, with offices in Springfield, Boston, Salem and Natick.

Gregory M. Schmidt has been named an Associate in the commercial transaction and banking practice of Doherty, Wallace, Pillsbury and Murphy P.C.

•••••

Vicki S. Donahue has been named a Director for Cain Hibbard Myers & Cook PC in Pittsfield. She has been an Associate with the firm for eight years.

•••••

United Bank of West Springfield announced the following:
• Joseph Young has joined the staff in Westfield as a Senior Vice President of Commercial Banking, and
• Darilynn Nardi has joined the staff as Assistant Vice President of Branch Administration.

•••••

Noble Health Systems in Westfield announced the following:
• James C. Hagan has been elected Chairman of the Board;
• Mark A. Morin, Vice Chairman;
• James F. Shea, Treasurer;
• Timothy P. Scanlan, Secretary;
• George J. Koller, President, and
• Murray Watnick, M.D., has been elected as a Trustee.
Board members also include Robert J. Bacon, John M. Greaney, Carol A. Kauffman, Robert L. LaPalme and Richard K. Sullivan Jr.

•••••

Bruce Leshine has joined the law firm of Jorden Burt LLP, as a Partner in the technology practice group. The firm has offices in Simsbury, Conn., Washington, D.C., and Miami.

••••

Monson Savings Bank announced the following:
• Carolyn E.D. Szarlan has been named Vice President for Information Technology, and
• Daniel R. Moriarty has been named Vice President of Finance.

•••••

Country Bank in Ware announced the following:

Denise Jaworsk

• Denise Jaworski has been promoted to Treasurer, and will be in charge of the bank’s finance and budget functions;

 

Robert Paulsen

• Robert Paulsen Jr. has been named Vice President of Commercial Loans, and will oversee the development of new and existing business relationships; and

 

Christopher Wszolek

• Christopher Wszolek has been named Vice President of Commercial loans, and will also oversee the develop ment of new and existing business relationships.

•••••

Debra Mahannah recently joined the staff of The O’Leary Company of Southampton, MA. She brings more than 20 years of experience in the design and management of office renovation projects in Connecticut and Western Massachusetts. Mahannah is a member of the Construction Institute and the National Association of Women in Construction. The O’Leary Company is celebrating its 50th year as a full service design-build firm specializing in large scale commercial and industrial construction.

•••••

Larry A. Letendre

Larry A. Letendre, Jr. recently joined Southbridge Savings Bank as the Branch Manager of the Ruthven Ave. location in Worcester. His responsibility is to establish new customer relationships with consumers and local businesses. Aside from his managerial duties, he plans to continue working with community groups in the area including Worcester Housing and the Worcester County Food Bank.

•••••

 

Beverly Ouellette

Beverly Ouellette joined the Phillips Insurance Agency Inc. as its new Benefits Director. Her responsibilities will include the management and marketing of the life, health, and employee sponsored benefits products.

•••••

Michelle N. Theroux, M.Ed., LMHC, has been named Executive Director of Child & Family Service of Pioneer Valley, Inc. Ms. Theroux served most recently as Director of Family Networks at Key Program, Inc., and was previously the Family Based Services Program Manager at Key. She is an adjunct faculty member in the Department of Psychology at Springfield College, teaching courses in Behavior Management and Life Span Development.

•••••

James C. Hagan was recently elected Chairman of the Board of Noble Health Systems. A Westfield resident, Hagan is the President of Westfield Bank. Other officers are Mark A. Morin, Vice Chairman; James F. Shea, Treasurer; Timothy P. Scanlan, Secretary and George J. Koller, President. Murray Watnick, M.D. was elected as a trustee. Other board members include: Robert J. Bacon, John M. Greaney, Carol A. Kauffman, Robert L. LaPalme and Richard K. Sullivan, Jr. Noble Health Systems is the parent corporation of Noble Hospital, Noble Visiting Nurse and Hospice Services and Westfield Medical Corporation.

Uncategorized

You can’t get by on chotchkes. That’s a mantra that Roland Desrochers, president of Monson Savings Bank, subscribes to in this competitive banking market – the days of wooing new customers with toasters are quite over.

Monson Savings, a three-branch institution in operation in Western Mass. since 1872, has taken steps to offer what Desrochers says people really want and need – low fees or no fees, a wide range of services, and sometimes, cold hard cash.

The cash comes into play as part of some of the bank’s ongoing programs to attract and retain customers, such as a referral program that awards $50 to current customers that bring new business to MSB.

But the real emphasis is on convenience and the ability to cater to the bank’s core audience, Desrochers added, and that has lead to continued growth within the community bank and set the stage for more progress in 2006.

By All Accounts
In addition to its flagship branch in Monson and a facility in Hampden, the bank opened its third branch in Wilbraham on Boston Road two years ago, in part to serve a growing number of customers from that town, and a free-standing loan center on Main Street in Monson, as well, opened in 2004.

“Soon, we’re going to have to expand here,” said Desrochers, waving a hand around his Monson office. “We’re busting at the seams.”

The need for physical growth is a reflection of the strong patterns set in recent years at MSB. Those include an 11% increase in assets in 2005, up from the 9% growth the bank has averaged over the past five years.

Desrochers said the bank’s successes, small and large, are the products of quick, aggressive implementation of new services geared toward the needs of its customer base.

In recent years, the bank has focused on customer convenience as the driver for several new initiatives, in addition to developing programs geared toward diverse audiences, from kids to business owners, and keeping fees to a minimum. And once an idea has been accepted in the boardroom, the bank is quick to introduce it to the public.

“Obviously, in this state, there are plenty of banks and we’re all beating each other up to get one new customer through the door,” he said. “We’re focused on that. But we’re also focused on what we, as a community bank, can bring to the table. Convenience is the number one concern, and pricing is a close second.”

Some of those new services Monson Savings has put in place include extended drive-through hours from 7 a.m. to 7 p.m., Monday through Friday, and the installation of an ATM in a strategic spot in downtown Wilbraham, making banking easier for customers living on the outskirts of all three towns directly served by MSB, which abut near Wilbraham center.

It also has a suite of services that fall under the title of ‘family banking.’

Those products include Monson Savings for Kids and Teens, which offers special incentives for children, such as ice cream cone gift certificates – the occasional give-away doesn’t hurt, Desrochers said – after saving accounts reach certain benchmarks. Teenagers can take advantage of free checking accounts and personalized checks, debit cards, and online banking access, as well as tiered interest rates based on balance, instructions on balancing a checkbook, and dos and don’ts for financial independence.

In part to increase awareness of Monson Savings’ online bill pay program, the bank also instituted a promotion that pays $100 toward a new customer’s Internet service after three bills are paid online. The bank has made strides in online banking and services tailored to small businesses in recent years, Desrochers said, offering no-fee online bill pay and e-statements, and no-fee small business checking accounts.
“The no-fee small business accounts began to attract more people, and we continued the trend with the no-fee online banking,” said Desrochers. “I think it’s proof that in these competitive times, banks just can’t afford to charge people. We saw a 500% increase in the number of small business checking accounts and a 32% increase in online banking sign-ups in 2005.

“The drive-through hours and the ATM in Wilbraham have really been home-runs for us,” he continued, noting that even small additions like those can have a profound impact on a community bank’s bottom line.

“You have to be very aware of your market as a community bank,” said Desrochers. “When I think of some of the smaller banks that have set up branches in certain towns, thinking they can directly compete against those large banks … I shudder. For us, it’s about building strong relationships within the market we know and serve.”

Community Interest

And that includes, as it does for most banks, a strong philanthropic component. Monson Savings Bank contributes to a number of organizations and causes throughout the year, but with a special emphasis on those that operate in Monson, Hampden, and Wilbraham.

“We’ve increased our community investment as a percentage of income before taxes in each of the past three years,” said Desrochers, noting that much of that funding goes to smaller, local outfits. “You’re not necessarily going to see Bank of America giving to organizations like the Monson Arts Council, and that’s where the importance of community banks really comes into play. That’s why we need to survive.”

Desrochers said that Monson Savings is jumping into 2006 after a great year, and that has allowed the bank to give back in some substantial ways to the communities in which the bank operates.

“We’re thrilled with the way things are going,” he said. “Don’t get me wrong, the financial environment is just as challenging as everyone says it is. But we are pleased to report some pretty exciting numbers.”

In addition to that 11% growth in assets, Desrochers said deposits have also grown by 11%, and the number of checking accounts at the bank has seen a 10% boost.
“That’s something we’re pretty proud of in this competitive market,” he said.

In terms of the bank’s three branches, Desrochers said the Monson branch continues to hold steady, while the bank’s newest location in Wilbraham, eight months away from its third year in operation, is progressing on target. The branch recorded $16 million in deposits at the close of 2005, growth that is on par with the bank’s projections.

Growth in Wilbraham is slowed somewhat by the competition in the Boston Road corridor, Desrochers said, which is currently home to branches of Hampden Bank, Country Bank, First Pioneer Credit Union in Wilbraham, TD Banknorth just over the town line in Springfield, and soon, a Webster Bank branch will also open in Springfield, close to the Boston Road and Parker Street intersection.

But in neighboring Hampden, Monson Savings is proving, as he put it, that “you don’t have to go to Route 20 to make a buck.”

“The Hampden branch is doing extremely well,” he said, “and advancing faster than its counterparts from a growth perspective. The community is very supportive and appreciative that we were the bank that stepped forward to serve their needs.”

The bank has also reported continued growth in the loan department – a steady trend at Monson Savings that led to the creation of the loan center.

“There are 190 residential lenders in Hampden County alone,” said Desrochers, noting that as one might expect, MSB ranks number one in residential lending in Monson and Hampden, but more notably, comes in at number 17 in the entire county. Desrochers said one goal for 2006 is to improve upon that ranking by four slots – lucky 13.

“Interest rates increased steadily throughout the year, so we’re particularly pleased with our current success in this area,” he said. “And growth was spread out across all categories, with 11% growth in commercial real estate loans, 23% in commercial loans, and 14% in residential real estate loans.”

The bank is also up by 46% over 2004 in terms of construction loans, a particular niche for the bank that brings customers from Western Mass. and more eastern parts of the state as well, Desrochers said.

“I think we have a strength here, particularly with builders, in part because of our size,” he said. “We’re more responsive. When someone is finished with a certain phase of a project and needs an advance to continue, we try to be as accommodating as possible, and that has created a good name for us in this arena.”

Interest Rates and iPods

The most important thing the team at MSB does is to always try to think like the customer,” Desrochers concluded. “People are extremely pressed for time these days. They need convenience, choice, and expertise … we believe the trick is to offer a unique blend of technology, financial sophistication, and genuine, personalized, outstanding service.”

And in thinking like the customer, Desrochers said while he won’t rely on chotchkes, he understands the power of want as well as need. MSB recently offered a Dell laptop drawing for new online bill-pay customers, and has plans to offer new iPod Nanos to the first 50 people to sign up for a new checking account this spring
“You have to be aggressive with what you’re doing out there,” he said, “on all fronts.”

Jaclyn Stevenson can be reached at[email protected]

Uncategorized

The salespeople employed by James J. Dowd & Sons Insurance Agency have, on average, more than 20 years of experience selling insurance products. And they’ve always done things their way.

“Now we require our salespeople to use PDAs,” said John E. Dowd Jr. one of the agency’s three partners, referring to the handheld electronic devices used to store and transmit information. “They’re all going high-tech – some of them kicking and screaming.”

OK, so maybe that’s an exaggeration – the fact that Dowd’s salespeople carry portable digital assistants and have learned how to navigate cutting-edge database software in the office hasn’t caused any actual screaming.

But still, “for people who have done things a certain way for 20-plus years, saying we’re going to throw away paper and centralize our technology has been a big challenge,” Dowd said. “And if we insist that they become high-tech, we have to provide the training for them to utilize the technology in which we’ve invested so heavily. Our challenge is to teach people how to use it in a way that makes them better salespeople.”

In short, even a company that has been a part of the Pioneer Valley for 108 years needs to continually adapt to new modes of doing business, Dowd said.

Long History

While the Dowd agency has long been a recognized name in the region, its origins are humble. James J. Dowd was one of 14 children brought to America by their father in 1865 to escape hard times in County Kerry, Ireland. In 1898, he and partner Jeremiah Keane opened the Keane and Dowd insurance and real estate business in Holyoke.

The company was renamed James J. Dowd & Son before Dowd’s son took over the firm in 1916, eventually moving it into a new, larger building on Suffolk Street in 1926. Over the next 50 years, two more generations of Dowds would move into company leadership. The agency moved into its current location on Bobala Road in 1993 and boasts branch offices in Amherst and Southampton.

Today, as part of the fourth generation of Dowds at the company, John Dowd says his path was inevitable. “I thought about no other careers,” he told BusinessWest. “From the time I started thinking about what I would do when I got out of school, I had only the insurance business on my mind. It’s in my blood.”

That heritage includes a well-honed sense of when to adapt to the changing times. For example, to survive in an increasingly competitive marketplace, today’s insurers have become more creative with the range of services they offer, and Dowd is no exception.

“We offer all lines of property and casualty insurance for any size business, from a corner store to a publicly traded company with worldwide operations. We have that range,” Dowd said, adding that the company also offers several personal lines, such as homeowners’ and auto insurance.

But in addition, Dowd also carries financial products ranging from life insurance and investment services to employee benefits such as 401k plans and health insurance.
“The idea is to become a one-stop shop for insurance and financial services,” he said. “We’re looking to expand that where it makes sense to provide other services that our customers might like to have available. From our standpoint, that’s the direction the industry has gone.”

The major shift came in 2002 when banks were allowed to sell insurance. “We, in essence, now look at them as competitors,” Dowd said, “so we compete with them not only on insurance, but on financial services as well. That really opened up the financial marketplace to where different services that were once separated are now sold under one roof.”

But the products Dowd offers are only one factor in the company’s success. He said customer service is crucial to building and keeping a loyal clientele.

“We’ve long recognized that we sell services and products similar to what’s being sold by many of our competitors,” he said. “But it happens to be a complex product that can be fraught with potential problems, concerns, and misunderstandings. We feel we need to see things from the customer’s standpoint, anticipate their needs, and make the whole process as easy as possible for them.”

That means putting a premium on finding information for clients quickly and making sure they’re able to talk to a person on the phone, not an automated wall of options behind an 800 number.

“People want to have their hand held, and we want to hold their hand,” Dowd said. “We’ve done surveys of our clients to assess how well they are treated, not just by us but by their insurance carriers and people in claim services. If it’s not a positive experience for whatever reason, we make sure that the parties involved are aware, and that steps are taken so the same problems don’t occur next time.”

He said those surveys produce consistently high feedback ratings, but he pays close attention to the few that do not. “Those are the people who can shape your reputation. For better or for worse.”

Repeated Cycles

In order to build a strong reputation over 108 years, a company in any industry must go beyond offering strong products backed by solid service. Part of the challenge is anticipating and riding shifting trends, and insurance is particularly sensitive to market shifts.

For example, throughout the 1990s, rates stayed low in a soft market as insurers were happy to underwrite policies at a loss because they were making more profits by reinvesting that money in financial markets, often to double-digit returns. But that couldn’t continue forever, and the market was already hardening when the terrorist attacks of Sept. 11, 2001 accelerated that process.

“Many insurance companies went out of business. It did turn the industry upside down for a time,” Dowd said. “But we’ve grown accustomed to going from a soft market to the inevitable hard market and back to a soft market. It’s a fairly predictable cycle. When insurance companies experience losses, they need to restore their surplus and profit margins.

“There is a softening now,” he added, “but it’s not in all segments of the marketplace. The challenge is to know which ones are susceptible to softening and which ones aren’t.”

One trend that emerged from the hard market following 9/11 was a new emphasis among companies on internal loss control and loss-prevention measures, such as disaster-recovery plans and safety awareness programs.

“Claims are inevitable, but good loss control minimizes the number of claims,” Dowd said. That, in turn, allows insurers to gradually sell policies at a lower price, and competitive pressures eventually toward another softening trend – that predictable cycle Dowd talks about.

Other trends have emerged in recent years as well, particularly in response to major insurance events. For example, following the devastation along the Gulf Coast last year following hurricanes Katrina and Rita, it’s difficult to find coverage for coastal properties, including on Cape Cod, Dowd said.

Around the World

James J. Dowd & Sons has come a long way in more than a century of insurance and financial services, now reaching around the globe as part of an international insurance network.

“If you have operations in Singapore, I can provide coverage for you,” Dowd said. “We’ve been able to provide everything from workers’ compensation to property and liability coverage for publicly traded companies as far away as Asia. This is a smaller world than we used to live in, and we can now insure companies with a global exposure.”

Whether dealing with customers around the world or close to home, he said, it helps that Dowd shares a strong relationship with its carriers, some of whom have been associated with the agency for 100 years.

“Those relationships do come into play when settling claims,” he said. “Our carriers trust us; they trust our knowledge and integrity, and that’s important to us.”

Dowd also boasts of the quality of his employees, not only the experienced sales force, but support personnel – a team he calls the strongest in the company’s history.

Still, he worries that the pool of insurance professionals on which to draw is shrinking, which is why the agency is teaming up with Holyoke Community College to help provide insurance-related courses and assist students with internships.

“We want to help this industry grow by helping people get into this business, so we can continue to have strong professionals serving our clients,” he said.

And if, along the way, they learn how to use a PDA, that can’t hurt.

Departments

Westbank in West Springfield announced the following:
• Michael J. Harrington has been promoted to Vice President, Commercial Loans. He will be working from the Westfield branch;
• Robert D. Fluharty Jr., Vice President of Leasing, has been appointed the additional responsibilities of a Commercial Loan Officer, and
• Joseph S. Lemay, Vice President of Indirect Lending, has been appointed the additional responsibilities of Head of Consumer Loans.

•••••

Winstanley Associates of Lenox announced the following:
• Brenda Gelston has joined the firm as Director of Marketing. She will be responsible for developing new business and determining the needs, issues, concerns and priorities of clients;
• Jenny Wright has joined the firm as Art Director, and
• Kelly Galbraith has joined the firm as Graphic Designer.
In their roles, Wright and Galbraith will be responsible for developing creative concepts and executing designs for several of Winstanley’s larger accounts, including Spalding, Polar Beverages, Legacy Banks, Hardigg Industries, Adirondack Beverages and Smith & Wesson.

•••••

Paul Nicolai

Massachusetts Lawyers Weekly recently featured attorney Paul Nicolai in an article on the subject of lawyers collecting fees from clients. The Jan. 30 cover story, “At What Cost?” examined whether lawyers should sue clients to get paid. Nicolai is President of the Nicolai Law Group, P.C. in Springfield, and is Chair of the Massachusetts Bar Association’s Fee Arbitration Board which settles attorney fee disputes.

•••••

Jeffrey L. Sedgwick, Associate Professor of Political Science at the UMass Amherst, has been nominated by President George W. Bush to be the Director of the Bureau of Justice Statistics in the U.S. Department of Justice. Sedgwick, who is on a year-long leave from his faculty post, is awaiting approval of his nomination by the U.S. Senate’s Judiciary Committee. If the panel endorses his nomination, he must then be confirmed by the Senate. One of the nine largest statistical agencies within the federal government, the Bureau of Justice Statistics has a budget of nearly $46 million and 52 staff.

•••••

Commercial banker Michael J. Oleksak has been named Regional President for the Pioneer Valley for Berkshire Hills Bancorp Inc., the holding company for Berkshire Bank in Pittsfield. A separate business unit for the region has been established at 31 Court St., Westfield, with local management.

•••••

Jenna Lisella, Manager of the West Springfield McDonald’s on Riverdale Avenue, has received a 2006 Ray Kroc Award. The award is given to McDonald’s employees who have continued the legacy of Kroc, founder of the company.

•••••

Kathleen Lodge has been named Sales Manager for Applied Software Technologies of West Springfield.

•••••

Project manager James E. Graf will oversee a new southern New England office in Wilbraham for Enterprise Engineering Inc., with offices in Freeport, Maine, and Anchorage, Alaska.

•••••

American International College in Springfield announced the following:
• Richard F. Bedard has been named Executive Vice President of Administration. He will oversee athletics;
• Edward D. Meyer has been named Executive Vice President for Institutional Effectiveness. He will oversee the grant-funded office for institutional research;
• Roland E. Holstead has been named Vice President for Educational Enterprise. His role will include marketing and creation of new programs, and
• Gregory Schmutte, Dean of the School of Psychology and Education, will also serve as Vice President for Academic Affairs.

•••••

Jewish Geriatric Services in Longmeadow announced the following:
• Lois R. White has been named Executive Vice President of Ruth’s House,
• Jane W. Sullivan has been named Director of Resident Care.

•••••

 

Lavena Pleva has been promoted to Unit Organizer for Princess House, based in Taunton.

•••••

Denise Deslaurier has joined For K-9’s & Felines in Westfield.

•••••

Lowell McLane has been appointed National Sales Manager of WWLP-TV, Channel 22, in Chicopee.

•••••

Environmental Compliance Services Inc. in Agawam announced the following:
• Kevin C. Sheehan has been appointed Chief Executive Officer;
• Mark A. Haynes has been promoted to Vice President and Corporate Operating Officer;
• Christopher C. Parent has become an Associate Stockholder;
• John C. Siedel has become an Associate Stockholder, and
• Mark C. Hellstein, the company’s founder, will remain President and a member of the Board of Directors.

•••••

Wesley John has joined Berkshire Bank in Pittsfield as a Vice President and Commercial Lender.

•••••

Lisa Kraus has been promoted to Branch Manager of Countrywide Home Loan’s West Springfield office where she will oversee operations and sales.

•••••

Plastic surgeon Colleen Jambor, M.D. has joined the Johnson Memorial Hospital Medical Staff and is in practice at Johnson Professional Associates, P.C., in Enfield, Conn.

•••••

Anderson Green has joined Reliant Mortgage Co. in East Longmeadow as Vice President and Regional Manager for Western Mass. He will oversee loan production and recruiting in Hampden and Hampshire counties, and will create markets in Northern Conn.

•••••

Andrew T. Henshon has been named Managing Partner for Renaissance in West Springfield, Pearson’s new venture of residential communities.

•••••

Wallace W. Altes has been appointed to the Board of Directors of Berkshire Hills Bancorp Inc., the holding company for Berkshire Bank. He becomes the first Albany (N.Y.) Capital Region resident to serve as a Director of the Pittsfield-based financial institution. He is currently Executive-in-Residence at the Graduate College of Union University in Schenectady, N.Y.

•••••

Sales Agent Joyce L. Korona has joined Carlson GMAC Real Estate in its Westfield office.

•••••

St. Germain Investment Management announced the following:
• Paul J. Valickus has obtained the Certified Financial Planner designation from the Certified Financial Planning Board of Standards, and
• Brendon C. Hutchins has obtained the Certified Financial Planner designation from the Certified Financial Planning Board of Standards.

•••••

Srisubha Gadey has joined the accounting firm of Kostin, Ruffkess, Themistos & Dane LLC in Springfield.

•••••

Fuss & O’Neill’s West Springfield office announced these promotions:
• Eric Bernardin has been named an Associate and promoted to Project Director in the Civil Engineering unit;
• Kurt Mailman has been named Senior Project Manager in the Environmental Planning and Infrastructure unit;
• Gregory Russell has been named Engineer II in the Civil Engineering unit;
• Kyle Spear has been named Engineer II in the Facility and EHS unit, and
• Rebecca Budaj has been named Hydrogeologist II in the Environmental Assessment and Remediation unit.

•••••

Big Y Foods Inc. in Springfield announced the following:
• Thomas Morin has been appointed Food Safety Auditor;
• Theresa Jasmin has been appointed Senior Accountant;
• James Billingsley has been appointed Staff Accountant;
• Marybeth McNamara has been appointed Assistant Food Service Sales Manager, and
• Jennifer Eichorn has been appointed Store Merchandising Assistant, Eastern Zone.

Departments

Paul Petell

Chase, Clarke, Stewart & Fontana Insurance Agency Inc. in Springfield announced that Paul P. Petell II, formerly of the Paul Petell & Teece Insurance Agencies Inc., has joined its staff.

•••••

Benefits Consulting Group, LLC in Holyoke announced the following:
• Susan R. Retchin has completed the certification process through the American Society of Pension Professionals and Actuaries to earn her designation of Qualified 401(k) Administrator (QKA), and
• Steve C. Vernale has completed the certification process through the American Society of Pension Professionals and Actuaries to earn his designation of Qualified 401(k) Administrator (QKA).

•••••

James A. Russell, Chief Executive of American Exterminating Co. of Springfield, will receive the Barlett W. Eldridge Award from the New England Pest Management Association. Russell’s grandfather, Abraham Russell, started the company in 1913. His father, Mathew Russell, also operated the business and now his son, Robert Russell, is active in the daily operations.

•••••

Sue Rheaume of Landmark Realtors in Hampden has earned the designation of Graduate Realtor Institute by the Massachusetts Association of Realtors.

•••••

Matthew B. Hedenberg has been named Informational Technology Manager for OFS in Sturbridge.

•••••

Maryanne Rooney

Maryanne Rooney recently has been named Vice President for Institutional Advancement at Elms College in Chicopee. An Elms graduate, Rooney had been working at St. Mary’s High School in Lynn as Director of Development and Alumni Relations.

•••••

Byron S. Bullock has been named Associate Vice Chancellor for Student Affairs and Campus Life at UMass Amherst. Bullock, who is currently Dean of Enrollment Services at St. Augustine’s College in Raleigh, N.C., will assume his new post on April 2. He will oversee the new Center for Student Development (CSD), which coordinates programs and services aimed at promoting community and multiculturalism across campus. The CSD works closely with academic affairs units to develop students’ social, scholarly and leadership skills and improve student retention and success.

•••••

Glenn O. Steiger, a California utility executive with more than 35 years of experience in all facets of the electric power industry, has been named General Manager of the Mass. Municipal Wholesale Electric Company (MMWEC) in Ludlow. The MMWEC is a nonprofit, joint-action agency for public power in the state. Steiger will be responsible for the daily operations of the MMWEC, including management of administrative and plant operations in Ludlow, implementation of board policies, and interaction with the organization’s member and project participant utilities.

•••••

David J. Cameron, PWS, Senior Environmental Scientist, of Tighe & Bond Inc. in Westfield, recently became the company’s first Certified Wildlife Biologist (CWB). The CWB designation is granted by the Wildlife Society, a nonprofit scientific and educational organization representing wildlife professionals in conservation and resource management. Cameron has 13 years of wetlands, waterways, and rare species regulatory experience, and provides project review services for many of the town conservation commissions in Massachusetts.

•••••

 

 

R. Patricia Grenier

R. Patricia Grenier, CFP, CSA with BRP/Grenier Financial Services of Springfield, has achieved the designation of Certified Financial Planner (CFP). The designation is awarded by the CFP Board of Standards Inc. to individuals who meet educational, examination, experience, and ethics requirements.

•••••

Girl Scouts of Pioneer Valley recently announced the winners of the 2006 Women of Distinction award as follows:
• Vera Baker, Director of Visual and Performing Arts, Springfield Public Schools;
• Dr. Mary Anne Herron, Director, The Harold Grinspoon Charitable Foundation;
• Sr. Mary T. Quinn, President, Sisters of Saint Joseph;
• Marilyn Spedding, Educator, Springfield Public Schools, and
• Nancy Urbschat, President, TSM Design.
The women were chosen for their commitment, outstanding leadership and inspiration, and as exceptional role models for girls and young women.

•••••

Linda S. Rotti, a Real Estate Sales Manager at Jones-Town & Country Realty in Amherst, has been named President of the Realtor Association of Pioneer Valley for a one-year term. Rotti will be responsible for implementing the Association’s new strategic plan with includes an emphasis on education and government affairs.

•••••

Wallace W. Altes has been appointed to the Board of Directors of Berkshire Hills Bancorp Inc., the holding company for Berkshire Bank. He becomes the first Albany (N.Y.) Capital Region resident to serve as a Director of the Pittsfield-based financial institution. He is currently Executive-in-Residence at the Graduate College of Union University in Schenectady, N.Y.

•••••

Sales Agent Joyce L. Korona has joined Carlson GMAC Real Estate in its Westfield office.

•••••

St. Germain Investment Management announced the following:
• Paul J. Valickus has obtained the Certified Financial Planner designation from the Certified Financial Planning Board of Standards, and
• Brendon C. Hutchins has obtained the Certified Financial Planner designation from the Certified Financial Planning Board of Standards.

•••••

Berkshire Bank in Pittsfield announced the following:
• Valerie Brosseau has joined the bank as Manager of the Chicopee branch at 1339 Memorial Dr.;
• Terrie A. Lucaroni has joined the bank as Senior Probability Analyst, and
• Lisa A. Lemon has been promoted to Account Executive for Insurance Sales in the bank’s affiliate Berkshire Life Insurance Group Inc.

•••••

Srisubha Gadey has joined the accounting firm of Kostin, Ruffkess, Themistos & Dane LLC in Springfield.

•••••

Fuss & O’Neill’s West Springfield office announced these promotions:
• Eric Bernardin has been named an Associate and promoted to Project Director in the Civil Engineering unit;
• Kurt Mailman has been named Senior Project Manager in the Environmental Planning and Infrastructure unit;
• Gregory Russell has been named Engineer II in the Civil Engineering unit;
• Kyle Spear has been named Engineer II in the Facility and EHS unit, and
• Rebecca Budaj has been named Hydrogeologist II in the Environmental Assessment and Remediation unit.

•••••

Big Y Foods Inc. in Springfield announced the following:
• Thomas Morin has been appointed Food Safety Auditor;
• Theresa Jasmin has been appointed Senior Accountant;
• James Billingsley has been appointed Staff Accountant;
• Marybeth McNamara has been appointed Assistant Food Service Sales Manager, and
• Jennifer Eichorn has been appointed Store Merchandising Assistant, Eastern Zone.

Uncategorized
There is considerable excitement in Springfield about the industrial park planned for an 86-acre parcel next to Smith & Wesson — and with good reason. It has been quite some time since a large tract of land was primed for development in the City of Homes, and there are great expectations about job creation, tax revenue generation, and a much-needed dose of good news.

But as city leaders and Mass-Development, the quasi-public agency hired to act as project manager for the initiative move forward, they must do so with both caution and patience. Memorial II could become a key component in the city’s broad economic development strategy, but only if that precious land is put toward uses that will bring significant long-term benefits, not short-term gains.

Springfield needs both jobs and tax dollars, but what it really needs are new jobs — not positions merely shuttled from one side of the city to the other or even from another Pioneer Valley community — and those proverbial good jobs at good wages; many of the jobs created in Springfield in recent have been in the tourism and service sectors, which are generally not high-paying.

And this is where the patience and caution come in.

MassDevelopment and Springfield’s leaders could probably fill Memorial II very quickly — the shortage of developable land in this region, especially parcels with easy access to major highways is nearing the critical stage. But, as we said, this is not a job to be done swiftly; it’s one to be done properly.

And it may take some time to do that, because attracting new jobs to a region is much more difficult than moving existing ones across town.

For evidence of this, one needs only look at the Chicopee River Industrial Park, a facility that straddles the Chicopee-Springfield line and is currently being earmarked for companies from outside the Pioneer Valley, and preferably those in technology-related sectors. At present, there is but one tenant, Convergent Prima, which has been alone in the park for nearly three years.

There are many possible reasons why the Chicopee River park has been slow to fill up — everything from the decline of the tech sector in recent years to the highly publicized fiscal and social problems facing Springfield. Whatever the reason, the Economic Development Council of West-ern Mass. is sticking to its guns and preserving those parcels for what can truly be described as new jobs.

Long term, this seems to be a sound strategy.

Doing the same with Memorial II will not be easy. Already there is talk that the site could become the next home of Performance Food Group (PFG), the giant food distribution company currently located on Taylor Street. Moving PFG a few miles down Route 291 would solve that company’s needs for larger quarters, but would it bring long-term benefits for Springfield and the region?

Probably not, especially since these are not those ‘good jobs’ that everyone wants Memorial II to generate. However, if Springfield faces losing PFG, its jobs, and tax revenue (taxes are paid on all those trucks that run in and out of the plant) if the company cannot expand elsewhere in the city, then one could make a case for allowing the company to move there.

Let’s hope it doesn’t come to that, because there are other, better uses for that property.

These include light industrial operations, research and development facilities, and companies in emerging technologies such as the biosciences and medical device manufacturing.

Waiting for such opportunities will be difficult; there is enormous competition regionally and nationally for such jobs, and Springfield is at somewhat of a disadvantage due to its current fiscal and public relations problems. And it is these very same problems that will put enormous pressure on City Hall and MassDevelopment to fill Memorial II and fill it quickly.

We believe that this would be a mistake, because the tract is essentially Springfield’s last large piece of zoned, developable real estate. It is an enormous asset and it should used prudently, and not for any perceived quick fixes.

Departments

Business Confidence Continued to Erode in January
BOSTON — The Associated Industries of Mass. (A.I.M.) Business Confidence Index lost 1.9 points in January to 54.7, a third consecutive loss that has left the monthly index at its lowest point since November 2003. There are rising concerns among employers about economic conditions in the state, especially as national growth appears to be weakening, according to Raymond G. Torto, co-chair of A.I.M.’s Board of Economic Advisors and Principal, CBRE Torto Wheaton. Torto added that employers surveyed were somewhat more positive about the situations of their own operations in the face of the slowdown. Confidence was off in January among both manufacturers and other employers. Manufacturers were on balance negative in their assessment of current and prospective conditions within the state, and expect national conditions to deteriorate as well. Readings were somewhat weaker outside Greater Boston, where confidence has declined in five of the last six months. Large employers were more positive than others on most questions. Rising energy costs, interest rates, and health insurance premiums erode both consumer and business confidence. The monthly survey of A.I.M. member companies across the state asks questions about current and prospective business conditions in the state and nation, as well as for their respective organizations. Readings above 50 on the 100-point scale indicate that the state’s employer community is generally optimistic, while a reading below 50 reflects a negative assessment of business conditions.

Five-Year Watershed Action Plan Underway
WEST SPRINGFIELD — The Pioneer Valley Planning Commission (PVPC), in partnership with the Westfield River Watershed Association and ESS Group Inc., has been awarded a contract under the Executive Office of Environmental Affairs to develop a five-year watershed action plan for the Westfield River. Created by watershed partners, the action plan will outline various issues and priority areas over a five-year period, charting a course of action for state agencies, watershed communities, and other decision makers within or related to the watershed. A steering committee is currently being formed to guide development of the action plan. Current members include The Nature Conservancy, the Westfield River Wild and Scenic Advisory Committee, Massachusetts Department of Environmental Protection, Mass. Department of Agricultural Resources, UMass Amherst and the Massachusetts Department of Conservation and Recreation. In addition, each of the 28 communities in the watershed has been asked to appoint a representative to the steering committee. A series of three public forums will be conducted this spring to solicit public comment and feedback on the plan. For more information, contact PVPC Senior Planner Anne Capra at [email protected] or (413) 781-6045.

Public Input Needed Online for Update-Use Plan on Land-Use Plan
WEST SPRINGFIELD — The Pioneer Valley Planning Commission invites public input via an online survey in the development of Valley Vision 2, the update of the region’s land use plan. Valley Vision 2 maps out a vision for smart growth in the Pioneer Valley based on more compact forms of development in and around existing community centers and preserved open space in outlying greenbelts. Public opinion is vital to developing this update, and PVPC relies on participation by citizens throughout the region in shaping the future vision of its landscape. To read the draft plan and take the survey, visit www.pvpc.org. For more information, contact Chris Curtis at the PVPC, (413) 781-6045,
or [email protected].

Mass. Hospitals Voluntarily Post Staffing Plans
BURLINGTON — Massachusetts hospitals delivered on the “Patients First” pledge beginning Jan. 27 to voluntarily post their staffing plans for public viewing. Through a Web site, www.patientsfirst ma.org, and notices in hospitals, consumers can now find the number and type of caregivers assigned 24/7 throughout each hospital in the state. A special consumer brochure, “It Takes A Team,” is also available at every hospital and explains the many professionals involved in patient care. The staffing plans that are posted on-site in each hospital and on the web will provide an overview of the staff available in each hospital unit, including RN’s and allied health professionals. In addition to the staffing plans, hospitals will document the quality of their care using a common set of nationally recognized measures. A pilot test of some of those quality measures is now underway, under the supervision of a team of leading patient care experts. The quality reports on all hospitals should be available by the end of this year.

Survey: Most Downsized Execs Anticipated News
HOLYOKE — The majority of recently downsized executives polled weren’t surprised to find themselves in career transition, according to a survey of 1,202 outplaced managers by Lee Hecht Harrison. Nearly 80% of executives anticipated their organization’s downsizing, and 57% weren’t surprised to learn they were among those to be laid off. Additionally, 35% of respondents said they had been downsized before and 65% had survived a previous downsizing with their most recent or prior employer. The good news for outplaced employees is that a significant number have become savvy about the changing world of work and have taken steps to ensure their future employability. For example, within the two years prior to their downsizing, 57% of respondents had updated their resumes, half pursued some form of career or skill development, 46% actively maintained their networks, and 44% explored other employment options. Lastly, one reason respondents had generally positive impressions of how their former employers handled their downsizings could be that they had received outplacement services.

Ashe: Housing Market Will Remain Strong in 2006
SPRINGFIELD — Residential real estate once again was the backbone of the U.S. economy last year, and in Hampden County, 2005 was statistically similar to the record-breaking year of 2004, according to Donald E. Ashe, Hampden County Register of Deeds. The number of deeds recorded in 2005 was only 0.7% less than the previous year. The total amount of money collected in 2005 did, however, increase by 3.6% over the prior year. The total number of documents recorded during 2005 was 122,837 and the amount collected from fees was $22.2 million. The most noteworthy change from 2004 to 2005 was the substantial decrease in attachments and foreclosures, according to Ashe. He predicts that the area housing market is in the process of “changing from record sales and double-digit price increases to a more stable condition.” Overall, Ashe said that the fundamental conditions in the housing market are strong and real estate activity will remain healthy in 2006. In other news, Ashe reported that the satellite office in Westfield completed its first full year of operation and collected more than $1.2 million in revenue and recorded more than 10,000 documents.

Departments

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

AMHERST

Consumer Exports Group Inc.,
495 Old Farm Road, Amherst 01002.
Michael Aronson, same. International and domestic sales.

P.H.E. Inc.,
55 University Dr., Amherst 01002.
Patrick Daly, 369 South Gulf Road, Belchertown 01007.
To operate a restaurant.

RJVM NR Inc.,
24 North East St., Apt. 6,
Amherst 01002. Nicholas Renzette, same.
Food service business.

Take5 Inc.,
61 Main St., Amherst 01002.
Huai Chin Chu, 94 Rambling Road, Amherst 01002.
Restaurant.

CHICOPEE

Bento Management Inc.,
1981 Memorial Dr., Suite 172,
Chicopee 01020. Arthur Paulino,
24 Westerly Circle, Ludlow 01056.
To deal in real estate.

New England Retirement Communities Inc.,
c/o Atlantic Capital Investors, 7 Coburn St.,
Chicopee 01013. Benjamin A. Surner Jr.,
55 Baker St., Amherst 01002.
Real estate development.

EASTHAMPTON

Salon O Inc.,
163A Northampton St., Suite RT 10,
Easthampton 01027.
A hairstyling salon including sale of hair care products.

FLORENCE

Hospitalist Management Solutions,
P.C., 860 Florence Road, Florence 01062.
Bipinchandra Mistry, M.D.,
90 Whittier St., Florence 01062.
To practice the profession of medicine.

HADLEY

Valley Vintage Cars Inc.,
81 River Dr., Hadley 01035.
Michael DiCola, 11 Crestview Dr., Hadley 01035.
Restoration of vehicles.

Valley ComputerWorks Inc.,
84 Russell St., Hadley 01035.
Delcie D. Bean, IV, same, president and treasurer;
Peter A. Gelinas, same, secretary.
Computer sales, consultation, service and repair.

HAMPDEN

All Propery Services Inc.,
42 North Monson Road, Hampden 01036.
Chris Lomascolo, same.
To clean and restore commercial, industrial and/or residential properties.

HATFIELD

Willflo Corp.,
122 Bridge St., Hatfield 01038.
Charles J. Florio, 3 Straits Road, Hatfield 01038.
To deal in real estate.

HAYDENVILLE

Natural Siding Associates Inc.,
206 Main St., Haydenville 01039.
Jennica L. Huff, 1 King Ave., Florence 01062.
To install fiber cement siding, exterior construction, etc.

HOLYOKE

E.C.M. Electronics Inc.,
6 Appleton St., Holyoke 01040.
Raymond M. Welch, 649 South Summer St.,
Holyoke 01040.
Repairing and upgrading industrial equipment.

LONGMEADOW

Ace Fire & Water Restoration Inc.,
95 Meadow Road, Longmeadow 01106.
Gary W. Brunelle, 125 Crest Lane, Granville 01034.
Fire and water restoration.

LUDLOW

Kara Evans-Scott Memorial Fund Inc.,
714 Fuller St., Ludlow 01056. Sandra Evans, same.
(Nonprofit) To establish an endowment fund to provide educational scholarships and the development of literacy programs.

Ultimate Motor Cars Inc.,
7 Spring St., Ludlow 01056. Bruno Fernandes,
190 Lakeview Ave., Ludlow 01056.
Sales and service of new and used motor and recreational vehicles, motorcycles, boats, etc.

MIDDLEFIELD

Happy Wednesday Inc.,
86 Chester Road, Middlefield 01243.
Joan L. Winberg, 2 Pickens St., Lakeville, 02347.
(Nonprofit) To build homes for deserving mothers through Habitat for Humanity’s women build program, etc.

MONTGOMERY

Pearl Property Management Services Inc.,
292 Main Road, Montgomery 01085.
David R. Champiney, same.
Real property management and services.

NORTHAMPTON

Friends of Northampton Trails and Greenways Inc.,
341 Prospect St., Northampton 01060.
Nicholas Jon Horton, same. (Nonprofit)
To promote the proper use, development and care of the ongoing trail and greenway development, etc.

Northampton Cal Ripken Basebell Inc.,
351 Pleasant St., Suite B-PMB 189,
Northampton 01060. Robert K. Ostberg,
48 Greenleaf Dr., Florence 01060. (Nonprofit)
To provide all children interested in baseball a safe place to dream and succeed, etc.

Peri Hall & Associates Inc.,
16 Armory St., Suite 8, Northampton 01060.
Peri H. Hall, same.
A strategic consulting firm specializing in content rich media design and web development, etc.

PALMER

Accurate Auto Glass Inc.,
320 Wilbraham St., Palmer 01069.
Robert Corliss, 178 Bourne St., Three Rivers 01080.
Auto glass replacement and repair.

Akcess BioMetrics Corp.,
21 Wilbraham St., Palmer 01069.
Katrina Champagne, same.
(Foreign corp; NV) Manufacturing security equipment.

RUSSELL

Massachusetts Association of Professional Foresters Inc.,
260 Upper Moss Hill Road, Russell 01070.
Robert E.W. Collins, 109 Carson Ave., Dalton 01226. (Nonprofit)
To improve the conditions and grade of products of agricultural personnel.

SOUTHAMPTON

Law Offices of Michael Sacco, P.C.,
The, 116 Brickyard Road, Southampton 01073.
Michael Sacco, same.
The professional practice of law.

SOUTHWICK

Sunrise Mortgage Co. Inc.,
9 Bonnieview Road, Southwick 01077.
Georgios Karathanasoulos, same.
To operate a mortgage company, etc.

SPRINGFIELD

Ascher Zimmerman Funeral Home Inc.,
44 Summer Ave., Springfield 02208.
Robert P. Zimmerman, 97 Fillmore St.,
Chicopee 01020.
To operate a funeral home and related services.

J & M Partners Inc.,
1123 Main St., Springfield 01103.
Marc W. Sparks, One Pearl Brook Road,
Southwick 01077.
To own and operate bars, taverns, restaurants, etc.

Jagat Guru Inc.,
114 Lakeside St., Springfield 01109.
Jihan Ali, same. (Nonprofit)
To collect, analyze, and distribute information on third-world countries, etc.

Tavern Restaurant Springfield Inc.,
25 Mill St., Springfield 01108. John Bonavita,
26 Autumn Ridge Road, East Longmeadow 01028.
To own and operate a restaurant.

The Raging Red Rooster Co.,
64 Bronson Terrace, Springfield 01108.
Mark Alan Russett, same.
Production and sale of food items.

Ushirika Sacco Cooperative Inc.,
45 Copley Terrace, Springfield 01107.
John Wachira, same.
To engage in cooperative trade.

WESTFIELD

Galreal Inc.,
18 Whispering Wind Road,
Westfield 01085. Gail Ann Butler, same.
Real estate sales, brokerage and leasing.

Magic Printing Inc.,
14 Lisa Lane, Westfield 01085.
Richard B. Wechter, same.
Vinyl printing.

WILBRAHAM

Pioneer Valley Funding Inc.,
3 Foxhill Dr., Wilbraham 01095.
Anabela Basile, same.
Commercial lending for real estate.

Departments

Paul A. Tierney

United Bank announced the following:
• Paul A. Tierney has been promoted to Senior Vice President, Commercial Banking. He specializes in commercial real estate lending;

Doug Bourbeau

• Doug Bourbeau has been promoted to Vice President, Commercial Banking. He is responsible for generating new commercial loans and specializes in equipment financing;

• Dena M. Hall has been promoted to Vice President, Marketing and Communication Relations. She has overall responsibility for the bank’s marketing and community relations efforts and manages the Investor Relations program for United Financial Bancorp, a publicly owned corporation and the holding company for United Bank, which is traded on the NASDAQ National Market under the symbol UBNK. She also serves as Vice President of the United Charitable Foundation.

Joanne Sheedy

• Joanne Sheedy has been promoted to Assistant Vice President, Credit Department. She manages the credit department and ensures the bank’s high standards for credit quality are met and maintained.

Steve Piubeni

• Steve Piubeni has been promoted to Assistant Vice President, Management Information Systems (MIS). He has overall responsibility for the Information Systems Department, designing and maintaining the bank’s computer networks and plays a key role in the implementation of the bank’s technology plan.

Kim Merritt

• Kim Merritt has been promoted to assistant vice president, Operations. She is responsible for managing the operations staff including loan and deposit operations and the bank’s call center.

Kim Merritt

A. Rima Dael has been named the Administrative Director for the Woronoco Savings Charitable Foundation, based in Westfield. She will be responsible for administering the grants program of the Foundation. The Foundation supports education and youth development, health and human services, cultural activities, humanities, and public and civic projects.

•••••

Lynn F. Boscher, owner of the Travel Bureau in Westfield for more than 30 years, was recently appointed Executive Director/Affiliate Coordinator for the Greater Westfield Chamber of Commerce. He is responsible for managing the Chamber, and supporting and enhancing the economic health of the Westfield business community. A resident of Westfield since 1967, Boscher is a former city councilor, and served as president of the Westfield Rotary Club, Boys and Girls Club of Greater Westfield, and St. Mary’s PTO. He has also played an active role with the Westfield Area Drug Council, Westfield Community Development Corporation, and City of Westfield’s Planning Board.

•••••

Michael P. D’Amour has been named Fresh Foods Director for Big Y Foods, Inc. in Springfield. The position was created to further the company’s emphasis on high quality fresh products. D’Amour will be responsible for sales and marketing for the produce, floral, deli, bakery, food service, seafood and meat departments. In addition to developing a long-term fresh food strategy for the company, he will be responsible for all aspects related to these departments including financials, training and development, merchandising and advertising.

•••••

Meyers Brothers Kalicka, P.C. of Holyoke and Greenfield announced the following:
• Kelly A. Druzisky has completed the requirements to obtain her Certified Public Accountants (CPA) license. She has also been promoted to Senior Associate;
• Deb Kaylor, CPA, has been promoted to Senior Manager;
• Yong No, CPA, has been promoted to Senior Manager;
• Kristi Reale, CPA, has been promoted to Manager;
• Catherine West, CPA, has been promoted to Manager;
• Jamie Naughton has been promoted to Senior Associate;
• Maureen M. Hogarty has joined the firm as an Associate;
• Emily S. Bassett has begun a 10-week internship at the firm, and
• Karen Cheng has begun a 10-week internship at the firm.

•••••

Sue Rheaume of Landmark Realtors in Hampden has earned the designation of Graduate Realtor Institute by the Massachusetts Association of Realtors.

•••••

Matthew B. Hedenberg has been named Informational Technology Manager for OFS in Sturbridge.

•••••

Benefits Consulting Group, LLC in Holyoke announced the following:
• Susan R. Retchin has completed the certification process through the American Society of Pension Professionals and Actuaries to earn her designation of Qualified 401(K) Administrator (QKA), and
• Steve C. Vernale has completed the certification process through the American Society of Pension Professionals and Actuaries to earn his designation of Qualified 401(K) Administrator (QKA).

•••••

James A. Russell, Chief Executive of American Exterminating Co. of Springfield, will receive the Barlett W. Eldridge Award from the New England Pest Management Association. Russell’s grandfather, Abraham Russell, started the company in 1913. His father, Mathew Russell, also operated the business and now his son, Robert Russell, is active in the daily operations.

Features
Alan Seewald recalls what one former town moderator is reported to have said about that remarkable institution known as Amherst town meeting.

“He said that if someone ran into the hallway screaming ‘fire!’ you’d have five people asking for a definition of ‘fire,’ and another five people trying to form a committee to make sure that we included every definition of ‘fire.’

“That’s Amherst — that’s what we love about it and that’s what some hate about it,” continued Seewald, who, as the community’s town counsel for the past seven years and assistant town counsel for the decade before, has had to represent the town in a highly charged, often litigious environment made even more challenging by the presence of UMass and its 20,000 students.

And he’s very thankful for the opportunity.

“It has taken me places that the normal, small town practitioner would never get to see,” he said of municipal law in general, and his Amherst assignment in particular. “I’ve been to the First Circuit Court of Appeals, the SJC (Supreme Judicial Court), every trial court except the Juvenile Court, and I’ve been to state agencies that most people never get to.

“I’ve had a varied and multi-dimensional practice,” he continued, “because municipal law is one of those areas where you touch on nearly every aspect of the law — contracts, tort civil rights cases, municipal finance, land use, personnel, all of it. It’s given me an opportunity to have a practice that’s never boring.”

Indeed, there is both a quality and quantity to the legal workload for the town of Amherst, said Seewald, a partner in the firm Seewald, Janikowski & Spencer, PC, and the latest subject in BusinessWest’s ongoing Attorney Profile Series. He noted that, in recent years, those with strong opinions — and there is no shortage of them in this intellectual and very liberal community — have seemingly acquired greater determination to translate their words into legal action.

“What you’re seeing is an entrenchment that you didn’t see years ago,” he said, speaking from two decades of experience. “When I first started here in the ’80s, I think people were more apt to state their position, press their position, and, if their position didn’t win the day, move on to the next issue; today, I think people are finding it harder to move on — and positions fester.”

That was certainly true in the famous, or infamous, case of the town’s new downtown parking garage, an initiative that survived five separate lawsuits to block it and took several years to bring from town meeting vote to reality.

To successfully represent the town and its employees in this climate, Seewald, who is also town counsel for the Worcester County community of Westminster, says he must separate policy, or politics, from the law.

“Debate in Amherst is spirited, it really is,” he explained. “My formula for success in representing the town has been to always call it as I see it and not get involved in the political process,” he explained. “I have to treat everyone in town with respect and dignity and not get drawn into the political fray.”

In a wide-ranging interview, Seewald talked about the challenging yet rewarding work in municipal law, and also about handling legal duties in what some call the ‘People’s Republic of Amherst.’

Liberal Interpretation

This is a town that has been Seewald’s home for nearly 30 years now. He attended UMass in the late ‘70s — earning a degree in Theater Arts — and “never left,” as he put it.

After graduation, he worked several different jobs before enrolling in Western New College School of Law. As a first-year law student, Seewald did some work in the UMass Legal Services Offices, where he spent considerable time advising students in civil rights cases against the Amherst Police Dept. It was while handling such work that he met Bob Ritchie, an attorney in Amherst who was then town counsel and the individual representing the police officers in such matters.

Upon graduation from WNEC, Seewald would eventually joined Ritchie as an associate in a firm then known as Ritchie & Ennis, and became a partner two years later. He also became assistant town counsel in January, 1987, beginning what has become a two-decade-long stint of service to the community.

His firm, meanwhile, now boasts three partners — Seewald, Bob Spencer, and Debra Jankowski — and an associate, Kristine Bodine. It is a general practice with several specialties, including real estate, generally handled by Spencer, trusts and estates, handled by Jankowski, and civil litigation and municipal law, which is Seewald’s realm.

In addition to his work for Amherst and Westminster, an appointment he assumed in 2003, Seewald has also acted as special counsel, representing a host of communities on issues from ranging from sewer moratoriums to landfill expansions. He also represents individuals in cases against communities other than Amherst and Westminster. Often the clients are developers trying to advance commercial and residential projects through the bureaucratic process. Meanwhile, he also represents neighborhood groups and other constituencies that might oppose such initiatives.

His portfolio of work on both sides of the fence has enabled him to establish reputation — and a growing practice — in a field, municipal law, he says has undergone some dramatic change over the past few decades, making it more complex and thus more specialized.

“State laws apply to big towns and little towns alike, and it’s become quite complicated,” he said, citing measures on everything from procurement to conflict of interest. “It takes someone who has a particular concentration in this area of the law to really do it right.”

He said work as a town counsel involves not only representing a community when claims are filed against it, but also “preventative maintenance,” as called it, to keep a town and its employees out of harm’s way.

This means frequently telling appointed and elected officials things they don’t necessarily want to hear — such as Seewald’s recent advisement to conduct recent interviews for the town manager’s position in open, rather than executive, session.

“People love policy and process here,” he said. “I stay out of policy and try to tell boards and try to tell politicians what the range of their discretion is — what they’re allowed to do and what they’re not allowed to do.”

Case in Point

As he described his work as town counsel in Amherst, Seewald started with the obvious: “There’s never a dull moment here.”

Elaborating, he said the town poses several somewhat unique challenges for its legal representation. For starters, there are the colleges — Amherst and Hampshire — and the university, which is a small community unto itself.

“Obviously, having a young, mobile population can sometimes be inconsistent with the stable family neighborhoods that we like,” he said. “But I think the town and the university have come together in recent years better than they have in the past.”

As an example, he cited the apparent end of one infamous Amherst tradition, the so-called Hobart Hoedown, a spring party in North Amherst that had turned ugly earlier this decade; the 2003 event ended with a riot in which 15 police officers were hurt. Ten individuals, many of them UMass students, were later indicted on a number of charges.

“That’s one example of the town and university coming together and working on issues and common problems,” said Seewald, noting that there has not been a hodown the past two years. “We owe a lot to the colleges; they do present us with a lot of challenges, but they also contribute greatly to the tremendous quality of life we have here.”

Preservation of that quality of life is at the heart of what some see as an anti-business, anti-development mindset in Amherst — Seewald believes perception is not exactly reality on that issue — and cases like the town’s long-delayed parking garage.

“We had people who, for some very legitimate reasons, thought this was not appropriate policy,” he said of the project, the six town meeting warrant articles to revise or rescind the initial approval, and the various unsuccessful lawsuits filed to stop it, involving everything from the acquisition of easements to the town exceeding set appropriations.

Opposition to the garage is an example of the “entrenchment” he described earlier, and also a model for how he approaches his work as town counsel.

“My approach to that was the same as my approach to everything else in town,” he said. “As far as I was concerned, the legislature had spoken and my mission was to effectuate the vote of the legislative body in town — town meeting — which said, ‘build a garage.’

“I think I’ve survived in this town because no one knew whether I personally supported the garage or not,” he continued. “And if were to ask me, I wouldn’t tell you, because it was none of my business; the legislature spoke and my advice to the town was to build the garage.”

Fast Facts:

Attorney: Alan Seewald
Firm: Seewald, Jankowski & Spencer, P.C. (East Pleasant St., Amerst). Also, town counsel for the communities of Amherst and Westminster.
Education: Juris Doctor: Western New England College, 1985; Bachelor of Arts: UMass Amherst, 1980
Phone: (413) 549-0041; E-mail:[email protected]

Final Arguments

In other words, it was another case of calling it as he sees it.

That’s how Seewald has crafted a solid reputation in the field of municipal law, and how he’s managed to represent the town of Amherst for nearly 20 years.

As he said, it’s an assignment that provides more variety — and less boredom — than most lawyers, and most town counsels for that matter, will ever experience.
And there’s no debating that.

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

Departments

Renaissance Manor in Holyoke announced the following:
• Diane Tillman has been named Nursing Home Administrator, and
• Gretchen A. McDonough has been named Director of Marketing and Admissions.

•••••

William Steplar

• William Steplar has joined the Investment Services Department of Easthampton Savings Bank. He will work out of the 21 Locust St., Northampton, office.

•••••

Sonya Williams has joined the Agawam office of Carlson GMAC Real Estate as a Sales Agent.

•••••

Nancy L. Velozo

• Chicopee Savings Bank announced the following:
• Nancy L. Velozo has been promoted to Vice President, and
• Teri Szlosek has been promoted to Administrative Officer.

•••••

Terri Szlosek

• Jeanmarie Deliso, owner of Deliso Financial and Insurance Services in Springfield, has been elected to New York Life Insurance Co.’s Agents Advisory Council. She has been a New York Life agent for 10 years.

•••••

Gregory M. Schmidt

• Gregory M. Schmidt has been named an Associate at Doherty, Wallace, Pillsbury and Murphy, P.C. in Springfield. Schmidt’s practice includes general bank, commercial and real estate law.

•••••

The Mass. Association of Realtors in Waltham announced the following:

Corinne Fitzgerald

• Corinne Fitzgerald, a partner with Key 100 Real Estate in Greenfield, has been appointed Vice President of Business Development for the second consecutive term. Fitzgerald is responsible for coordinating the initiatives of the organization’s business plan relative to research and business development, standard forms, and electronic information services;

Charles Sawyei

• Charles Sawyer, broker with Dayspring Inc. Realtors in Pittsfield, has been elected Western Region Vice President. Sawyer will coordinate objectives and activities within the Berkshire County Board of Realtors and Realtor Association of Pioneer Valley, and meet regularly with local and regional leadership to discuss real estate industry issues of statewide importance, and

Susan Renfrew

• Susan Renfrew, broker and co-owner of Renfrew Real Estate in Greenfield, has been appointed Vice President of Professional Development. Renfrew is responsible for coordinating the association’s internal and external communications programs and its educational outreach efforts to realtors.

•••••

John B. Hesslein has been named Station Manager at WSHM, Springfield’s CBS affiliate. He will oversee the daily operations of the station.

•••••

Mass. State Rep. Daniel F. Keenan has been named Vice President, Government Relations, for the Sisters of Providence Health System, based in Springfield. Keenan currently represents residents in the Third Hampden District. He assumes his new role in February.

•••••

The Hotel Northampton in Northampton announced the following:
• Mark Schoenberg has been named Food and Beverage Director, and
• Connie Foster has been named Sales Manager.

•••••

Robert Cartelli, President of Fathers & Sons Inc. in West Springfield, has been named Chair of the American Heart Association’s 2006 Greater Pioneer Valley Heart Ball. The event is planned March 3 at the Log Cabin in Holyoke and raises funds to fight heart disease and stroke.

•••••

Catherine H. Snow

PeoplesBank in Holyoke announced the following:
• Catherine H. Snow has been named Assistant Vice President in the Commercial Lending Division;
• David Thibault has been named Assistant Vide President in the Commercial Lending Division, and
• Colleen A. Brown has been named a Loan Officer in the Residential Lending Division.

•••••

Francis D. Dibble Jr., a Partner at Bulkley, Richardson and Gelinas, was recently inducted as a Fellow into the International Academy of Trial Lawyers.

•••••

Kimberly A. Andrews has been elected President and Chief Executive of the Visiting Nurse Association of Central Connecticut.

•••••

William C. Jones, Executive Vice President of Berkshire Healthcare Systems in Springfield, has been elected Chairman of the Massachusetts Extended Care Federation.

•••••

Dr. John Frangie of the NorthEast Laser Center in West Springfield is among the first physicians in Western Massachusetts to receive an IntraLase Luminary Award for his commitment in refining the surgical techniques used with IntraLase-initiated LASIK.

•••••

Dr. William Smith recently opened an adult medicine practice at 170 University Dr., Amherst. He has practiced medicine in Hampshire County for 18 years.

•••••

Bernadette Harrigan was named a Shareholder of Doherty, Wallace, Pillsbury and Murphy.

•••••

David M. Clark has joined Berkshire Bank as Assistant Vice President and Mortgage Origination Officer in the Westfield and Springfield areas.

 

Uncategorized
An historic neighborhood named for three streets that intersect to create a busy commercial district has seen highlights and lowlights over the past 50 years, but one organization is poised to shed new light on the X, through collaborative, arts-centered initiatives.

Springfield residents: try giving someone from out of town directions to Forest Park without using the term ‘the X.’

It’s not easy.
The historic landmark, which typically refers to the intersection of Sumner Ave., Dickinson, and Belmont streets and the surrounding area, has long been a center of commercial activity in Springfield and something of a source of pride for locals. We know why it has its distinctive name. We know to look both ways – twice – when driving through.

But there is a group of people who want the X to mean much more.

The X Main Street Corp., named as such due to its involvement in the federal ‘Main Street’ program for commercial district improvement and consisting of residents, business owners, and civic leaders, want the X to live up to its hip name, and are working to create a new hot spot in Western Mass.

The X, specifically, is a commercial district within the Forest Park neighborhood of Springfield, which some call a city within a city, due to its rich history, diverse ethnic and economic make-up, and its distinction as home to 25,000 of Springfield’s residents. But in the past, it has been known more for its flavor than its demographics.

Lyn Nolan, executive director of the X Main Street Corp., remembers a time when the area was bustling with shoppers, and the shops and restaurants were as unique as they were prosperous.

“Blake’s department store was a hub of activity,” she said, harkening back to her first year as a Springfield resident in 1980. “And there were specialty clothing stores, fantastic restaurants, a movie house where the Walgreens is now … it was definitely a ‘Northampton kind of place.’”

Even today, she continued, the X includes some of the city’s brightest gems – distinctive restaurants, unique clothiers, and a smattering of successful niche businesses.

It’s also home to a number of popular seasonal events, including the Farmer’s Market at the X, now entering its ninth year, and the annual Boar’s Head Festival, a medieval fair of sorts held at Trinity United Methodist Church. And year-round, several community organizations based at the X and within Forest Park work toward a number of goals, all aimed at bettering the neighborhood.

In addition to the non-profit X Main Street Corp., the Forest Park Partnership and Forest Park Civic Association are also active, as are neighborhood councils such as the La Broad and Avalon councils, centered on quality of life and crime-reduction issues, and the for-profit Concerned Citizens for Springfield, which focuses much of its time in the Forest Park neighborhood.

Still, the spark that once defined a crossroads has dimmed somewhat, now lacking many of those one-of-a-kind storefronts and the neighborly feel that Nolan remembers.

“There was some flight in terms of residents,” she said, “and malls happened. That had a huge impact on the commercial success of many small businesses that once thrived here.”

The X Main Street Corp. has been focused on re-lighting the fire at the X for the past decade. But one overriding theme has emerged within all of the X Main Street Corp.’s initiatives for 2006, which its members hope will help fan the flames: the creation and promotion of a cohesive arts and entertainment-based culture at the X – one that starts internally with X Main Street’s own efforts, and extends to other groups, residents, and, most importantly, other businesses.

They’ve Made a FoPa

The overall mission of the corporation, Nolan said, is to spearhead ongoing development projects within the X commercial district, and to promote those improvements in partnership with other community organizations and businesses in the Forest Park area.

“There is a lot of overlap between the different groups,” she said. “Some people work with all of them. We work with each other, not against.”

The renewed focus on arts and culture is one she also hopes will resonate within those other organizations, as one answer to many issues ranging from decreasing home ownership to lagging interest in commercial real estate.

Although Nolan said the commercial landscape at the X has seen some improvement in the past few years, and is showing signs of a continued climb, the business make-up has changed somewhat since its heyday.

“Economic development in the X commercial district is stable,” Nolan said. “We’re at a 92% capacity in the area. But, for example, we have four dollar stores. We definitely need some diversification.”

Essentially, the X Main Street Corp. hopes to cultivate a climate at the X that will ripple throughout its parent neighborhood of Forest Park. There’s business sense to it, Nolan said – the arts have been proven in other communities, including neighboring Northampton and Amherst, to serve as effective economic drivers – but there are also some intriguing marketing opportunities to be had.

Brian Hale, vice president of the X Main Street Corp. Board of Directors and Chair of the Bing Arts Center Committee (more on that later), said working toward a stronger arts and entertainment scene at the X could start with creating a buzz – a move that, among other things, is more economical than most.

“The X is the hub of Forest Park,” he said. “Or, as we’d like to start calling it, FoPa.”
Borrowed from similar nicknames such as New York’s Soho (‘south of Houston street’) neighborhood, or, more regionally, Noho, the abbreviation often given to Northampton, ‘FoPa’ is a small, simple way to start branding the neighborhood as well as its cultural attributes.

And the play on words isn’t an accident.

“A booming arts community in Springfield? Some might call the suggestion a faux pas,” Hale joked. “If there’s one thing we’ve learned as Springfield residents, it’s that you have to have a sense of humor.”

It’s important to note, though, that the X Main Street Corp. doesn’t just brainstorm catchy nicknames for the neighborhood. Rather, the organization is actively involved with a number of real estate improvement ventures, serves as an advocacy group for zoning, legislative, and public safety policies, and is one of the X’s primary grant-writing entities, forever in search of funds to keep various projects and business ventures going. The corporation is partially funded by a Housing and Urban Development (HUD) grant, but gleans much of its funding from local, state, and national grants and loans.

The organization also works with the city to enforce some code regulations at the X, which is designated an overlay district (a zoning change X Main Street kick-started), and as such, requires businesses to meet or exceed certain aesthetic requirements.
Signage must meet a certain quality threshold, for instance – backlit plastic signs are prohibited as are unframed, aluminum placards.

That aspect of the corporation’s duties can both help and hinder its relationship with X merchants, Nolan said. It allows for greater contact with businesses, but can also turn X Main Street into the “sign police.”

“We don’t want all the businesses to look the same,” she said, “but we want to achieve a certain level of quality, a certain look. The main goal of X Main Street is to increase arts and culture in the X commercial district, and the look of the businesses is one part of that. It’s what will make the most sense in terms of diversifying the area and bringing in more great businesses as well as visitors.”

Bought-A-Bing

As another part of that focus, the corporation soon hopes to make its new headquarters the historic Bing Theatre, which it purchased in 2003. The property, now known as the Bing Arts Center, has been vacant for years but is seeing some new activity: the X Main Street Corporation and the Bing Arts Center Committee, a group of concerned citizens and business owners committed to arts, culture, and entertainment endeavors in Springfield, are in the process of renovating the building to create a combination art gallery, community center, and, eventually, a movie theater and performance venue.

Hale said re-opening the cinema itself represents the last step in a long process, but he hopes to see the other components of the arts center fall into place within the next two years.

“The Bing represents exactly what we want to see more of at the X, in Forest Park, and across the city, and that is investing in the arts and culture as a primary economic driver,” he said, adding that he sees arts, culture, and entertainment investments as the logical choice in a city that is still struggling in most other sectors and is in dire need of some good news.

“Frankly, I think it’s the city’s only choice. Historically, Springfield has been a manufacturing center, but that’s long gone,” he told BusinessWest. “We need to face that, and work to get people into this city to spend their money, plain and simple. How do we do that? By having some cool things going on.”

The Bing actually sits on the periphery of the X, but Nolan agreed with Hale that it represents the heart and soul of the organization’s work.

“Creating an arts center at the Bing is a perfect example of how the arts can serve as a way to engage the entire community,” she said. “We want to see things going on constantly in that building, creating a buzz and at the same time opening up the arts to a whole new audience.”

Hale added that it’s important to sell that point, especially to X merchants, many of whom are struggling to make their ventures work.

“The arts might be one of the only economic drivers in which we can say you can put a little in, and gain a lot,” he said. “At the Bing Arts Center we’ll be able to hold art shows and performances, after school programs, fundraisers, sell artwork … the possibilities are endless. Merchants can do much of the same on many levels, and we want to work with them to increase their own profits for the overall good of the area.”

Blue Moon Coffee Roasters, Hale offered as an example, has already seen some success with just such an initiative. Located across the street from the Bing, the coffee, bean, and gift shop expanded its retail component recently to include an art glass gallery, and in December, owner Dan Higgins reported that sales of the artwork represented 30% of his total receipts.

“We need to reach a certain critical mass before people are going to notice this,” said Hale, “but we can start by marketing ourselves as an arts-oriented neighborhood, and a big part of the neighborhood is the businesses at the X.”

Turnip Turn-out

But it’s not just the Bing that’s getting attention from X Main Street, and the other organizations at the X and in Forest Park. The annual Farmers’ Market at the X, a Forest Park staple for nearly a decade, will be expanding its scope in 2006, welcoming artisans to the ranks of fresh produce, meat, whole foods, plant, and flower businesses, in order to add a new dimension to the event as well as a venue for artists and craftspeople.

“We want to work closely with artisans to give them a unique venue to show their work, but we’re also trying to move with the times,” Nolan explained, adding that the event is also moving from its spot near the Goodwill Shoppes to the Trinity church parking lot, visible from Sumner Ave. “Farmers’ markets in general are starting to suffer in New England – in the past, they were held specifically for farmers.”

But with a changing landscape must come a change in the event, she said.

“Adding arts and crafts to the market will add to the overall arts and culture thrust in the X commercial district, and give the market a shot in the arm.”

It’s also another way to capitalize on an already well-known event at the X for the benefit of local businesses.

Belle Rita Novak, manager of the Farmers’ Market at the X and a member of the Forest Park Civic Association and the X Main Street Corp. Board of Directors, said she has already seen the positive effect the market can have on surrounding merchants.

“Many patrons shop at the X while they are in the area for the market,” she said. “Throughout the country, farmers’ markets in urban areas are economic engines for the businesses nearby.”

Novak added that increased cooperation with X business owners would likely create a positive ripple effect in the district.

“I think that we have a strong X Main Street board now, but we need more input from the business and property owners at the X,” she said. “After all, if the X improves, it benefits everyone, including residents in the neighborhood.

“The X looks much better than it did 10 years ago,” she continued, “but if it doesn’t continue to improve I fear that it could backslide very easily. We are in this together, merchants, property owners, and residents. If we want a nice, clean business district then we all have to do our part.”

New Direction Home

Hale agreed with Novak that continued partnerships are the keys to spurring further arts-related initiatives, as well as projects aimed at the overall health of the commercial district.

“In order to revitalize any commercial district, there needs to be a certain camaraderie,” he said. “We can’t just start walking into stores and asking for money. We need to sell them on the arts and culture premise, and show them how it can benefit their businesses … and in turn, their businesses will benefit the entire area.”

And the members of the X Main Street Corp. will be keeping an ear close to the ground, listening for the sound of success – someone asking for directions to FoPa.
It’s easy to find – just start at the X.

Jaclyn Stevenson can be reached at[email protected]

Opinion
It’s not uncommon for property owners to face significant capital gains (and the consequential tax) in the sale of real estate, either through accumulated depreciation or appreciating asset value, or the combination of both. Rather than pay the capital gain tax and reinvest the difference in another property, the 1031 Exchange allows the taxpayer to replace the property with an ‘exchange’ into another ‘like-kind’ property and essentially defer the payment of the capital gain tax by adjusting the basis of the newly acquired property.

Just over 15 years ago, the Internal Revenue Service instituted the long-awaited rules on deferred exchanges. Section 1.1031 of the Internal Revenue Code details the procedure for turning a sale/purchase transaction into an exchange. The opportunity to defer the payment of capital gains tax is available to owners of investment real estate if the owner intends to re-invest the equity of the sale of another real estate investment.

This deferment results in more equity to invest in the new property and allows the taxpayer to acquire a more substantial investment than had the original property been sold, and the capital gain tax paid.

How it Works

A properly structured 1031 exchange allows an investor (1) to sell a property; (2) reinvest the proceeds in another property; and (3) defer the capital gain taxes. This procedure allows for real estate portfolio growth while protecting the investor from capital gain taxes. Let’s say that an investor incurs $70,000 in combined taxes (depreciation recapture, federal capital gain tax) on a $200,000 capital gain. The investor has two choices:

• The investor incurs the $70,000 tax burden and reinvests the remaining $130,000. Assuming a 20% down payment and an 80% loan-to-value ratio the investor can purchase a property up to $650,000;

• With the 1031 exchange, the same investor can transfer all of the $200,000 in equity. Assuming the same loan constraints, the investor is able to purchase up to $1,000,000 in real estate.

When using this strategy, the taxpayer acquires the new property with a reduced basis, which results in the ‘deferred’ tax being due when the investor eventually cashes out. However, in estate planning, if the taxpayer/investor wills his property to his heirs, they will receive the property at the value at time of death and the deferred tax may be avoided altogether. Thus the 1031 Exchange can be a powerful tool in equity-building for the investor and his estate.

Of course, as with any investment strategy, the advice of tax attorneys, accountants, and real estate brokers familiar with these procedures is critical to compliance with the tax code and the enjoyment of the tax-deferral strategy.

Know When to Say ‘When’

Sound good? How do investors know if they are candidates for an exchange?
First, any investor completing a sale should have his or her tax advisors calculate the federal capital gains tax that would be due should the property be sold at the anticipated sale price to determine how much actual tax ‘savings’/ ‘deferment’ is at stake.
Then the investor must identify a ‘like-kind’ property to acquire. There are rules as to what is like kind, so be careful. The rovision for real property is broad and includes land, rental, and business property. Alas, no, you cannot exchange investment property for a personal residence for your retirement home.

Know Which Exchange is Best

There are various types of exchanges such as simultaneous, delayed, reverse, and an improvement exchange. Often, there is need for an ‘intermediary’ to hold title for either acquired property or the relinquished property to satisfy the rules. There are firms that specialize in providing such a service and can be thought of as an escrow agent for titles. They are known as ‘qualified intermediaries.’ They provide the safe harbor for title.

Various exchange arrangements call for different time limits for acquiring and relinquishing title to the involved properties. Also, the identification of the replacement property can be made several different ways.

Again, it is imperative to engage experienced professionals to ensure compliance and a valid transaction.

If an investor is facing a relatively significant capital gain tax in the sale of property, and desires to defer the tax burden, then it would be worthwhile to investigate and evaluate the 1031 Exchange opportunity.

Bob Greeley is owner of R.J. Greeley Company, LLC, a full-service real estate firm with extensive experience across the spectrum of commercial, industrial and telecommunication real estate transactions; (413) 734-7923

Features
The business cycle contains upturns and downturns. This is hardly news. Unfortunately, how your business weathers the bad times often dictates whether it will survive.

In such times, it may be necessary to enter into negotiations with your lenders to restructure your debt and get your business back on track to financial stability. This process is called a ‘workout.’ Each situation is unique and generalized observations concerning workouts are difficult to make. However, there are some elements that are commonly incorporated in workouts in various combinations. The following is an overview of those elements.

In a workout, both the lender and the borrower give up something to gain something. A lender must be prepared to give up some of its legal and contractual rights and provide some short-term relief for the borrower, with the long-term goal of enhancing the relationship and likelihood of repayment. The concessions made by the borrower in the workout vary on a case-by-case basis, but in broad terms, in order for a workout to be successful, the borrower must minimally reaffirm its obligations to repay the loan.

Before engaging in any workout discussions, a lender should assess the strength of its position under its existing agreements with the borrower. He should also assess the relative strengths and weaknesses of the borrower and its ability to perform its obligations under various workout scenarios.

As a borrower, you can expect the lender’s review of the loan documentation to be the first step in the lender’s assessment. Title reports and financing statement searches should be ordered and reviewed to determine any lien priority problems and to discover any other interests in the collateral of which the lender was unaware.

Problems are often discovered at this stage and include errors or other inadequacies in descriptions of collateral, improperly drafted or unrecorded extension agreements, and defective, aged, or unfiled Uniform Commercial Code financing statements. A savvy lender can use the workout as a means of curing defects discovered at this stage.

The lender should also assess the borrower’s total financial position and require the borrower to inform the lender of the status of its relations with other lenders as well as with keeping it updated on other workout negotiations. In certain instances, a lender may benefit by joining with other lenders to seek a comprehensive workout of the borrower’s financial affairs. The lender’s analysis of the borrower’s honesty and competence is as important as the analysis of the borrower’s financial condition. The lender should attempt to review as objectively as possible the borrower’s dealings with the lender in the past.

The lender’s representative should also take stock of his or her subjective feelings toward the borrower to determine if it will be possible to work together reasonably. Because a workout necessarily requires the borrower and the lender to work with each other after the optimism that accompanied the initial closing of a loan has faded, there may be feelings of mistrust on the lender’s side and feelings of persecution or harassment on the borrower’s side. It is unlikely that a workout can be successfully consummated if either party consistently feels that the other side is attempting to gain an unfair or unreasonable advantage or is untrust The business cycle contains upturns and downturns. This is hardly news. Unfortunately, how your business weathers the bad times often dictates whether it will survive.

In such times, it may be necessary to enter into negotiations with your lenders to restructure your debt and get your business back on track to financial stability. This process is called a ‘workout.’ Each situation is unique and generalized observations concerning workouts are difficult to make. However, there are some elements that are commonly incorporated in workouts in various combinations. The following is an overview of those elements.

In a workout, both the lender and the borrower give up something to gain something. A lender must be prepared to give up some of its legal and contractual rights and provide some short-term relief for the borrower, with the long-term goal of enhancing the relationship and likelihood of repayment. The concessions made by the borrower in the workout vary on a case-by-case basis, but in broad terms, in order for a workout to be successful, the borrower must minimally reaffirm its obligations to repay the loan.

Before engaging in any workout discussions, a lender should assess the strength of its position under its existing agreements with the borrower. He should also assess the relative strengths and weaknesses of the borrower and its ability to perform its obligations under various workout scenarios.

As a borrower, you can expect the lender’s review of the loan documentation to be the first step in the lender’s assessment. Title reports and financing statement searches should be ordered and reviewed to determine any lien priority problems and to discover any other interests in the collateral of which the lender was unaware.

Problems are often discovered at this stage and include errors or other inadequacies in descriptions of collateral, improperly drafted or unrecorded extension agreements, and defective, aged, or unfiled Uniform Commercial Code financing statements. A savvy lender can use the workout as a means of curing defects discovered at this stage.

The lender should also assess the borrower’s total financial position and require the borrower to inform the lender of the status of its relations with other lenders as well as with keeping it updated on other workout negotiations. In certain instances, a lender may benefit by joining with other lenders to seek a comprehensive workout of the borrower’s financial affairs. The lender’s analysis of the borrower’s honesty and competence is as important as the analysis of the borrower’s financial condition. The lender should attempt to review as objectively as possible the borrower’s dealings with the lender in the past.

The lender’s representative should also take stock of his or her subjective feelings toward the borrower to determine if it will be possible to work together reasonably. Because a workout necessarily requires the borrower and the lender to work with each other after the optimism that accompanied the initial closing of a loan has faded, there may be feelings of mistrust on the lender’s side and feelings of persecution or harassment on the borrower’s side. It is unlikely that a workout can be successfully consummated if either party consistently feels that the other side is attempting to gain an unfair or unreasonable advantage or is untrustworthy. One of the most important aspects of this pre-workout analysis is a determination of the value of the collateral securing the loan. This information may be determinative of whether a workout is warranted at all.

The lender may also find it prudent to enter into a ‘pre-workout agreement’ as a condition to any further, substantive negotiations. The pre-workout agreement need not be extensive, but should include the borrower’s acknowledgment of the validity and amount of the loan, the existence of the borrower’s default under the loan documents, the lender’s reservation of all of its rights under the loan documents until a comprehensive settlement agreement is executed and delivered, and that nothing discussed in the course of the negotiations shall be binding upon the lender until it is reduced to a formal written, signed settlement agreement.

The lender will often require the borrower to make a principal reduction as a condition to making other modifications to the loan terms. The borrower may attempt to convince the lender that a source of funds for the pay down should be a sale of a property, in some cases financed by the lender. If a decision is made to provide additional funds for a project, the lender will likely require additional collateral to support the increase, which should be subjected to the same scrutiny and review as are called for by an initial loan funding.

From the borrower’s perspective, this additional funding presents a downside in that if the loan problems continue after the workout, he would find it more difficult to walk away from the project, since more assets would be encumbered. Generally, lenders must be careful during workout negotiations not to say, do, or write anything that may be used against them should negotiations fail and the borrower commences a lender liability action.

While it is often the case that the analysis and investigations described are being conducted as negotiations in progress, in no event should the workout be consummated until the lender has completed this due diligence.

Assuming that the lender has determined in principle that a workout of the loan is feasible and appropriate, decisions must be made as to the particular elements to be included in the workout package. At least some of the following elements typically are incorporated into most workouts:

• Extension of the payment term;
• Modification of the interest rate;
• Partial forgiveness of principal;
• Requirement of a partial payment of principal;
• Increase of the loan amount;
• Tying interest and principal payments to positive cash flow produced by collateral;
• Temporary deferment of some or all interest payments; and
• Requiring the borrower to ‘give back’ some collateral to the lender through deed-in-lieu of foreclosure or requiring the borrower to put up additional collateral, either because the original collateral’s value has declined to a degree that it no longer adequately secures the funds advanced or because additional funds are being advanced.

The workout process invariably occurs at a stressful time for all concerned. However, with some advance planning and cooperation on the part of the borrower and lender, the end result can be a win-win for both parties.

Martin C. Dunn, Esquire is an associate with Bacon & Wilson, P.C. He practice includes commercial finance and transactions, immigration law, real estate, and corporate law; (413) 781-0560;[email protected].

Departments

Dr. William P. Ferris, Western New England College Professor of Management, has been appointed Associate Editor of the Journal of Management Education. Ferris is an expert in teambuilding, leadership, and management education. In addition to his appointment as an associate editor, Ferris was recently named the Editorial Board Member of the Year for the Academy of Management and Learning, the educational journal of the national Academy of Management.

•••••

The Spirit of Springfield announced that Lawrence Goldberg, President and General Manager for Springfield Rock Radio Group, has accepted the position as Chairman, and Arlene Putnam, General Manager, Eastfield Mall, Springfield, will serve as Vice Chair. Board members also include Treasurer, Kristina Houghton, Meyers Brothers Kalicka, PC; Clerk, Attorney Charles Casartello, Pellegrini, Seeley, Ryan & Blakesley, PC, and Directors, Romola Rigali, The Republican; Douglas McKell, Connecticut Surgical Group, and Daniel M. Glanville, Director of Government and Community Affairs for Comcast.

•••••

PeoplesBank in Holyoke announced the following:

• Brady D. Chianciola has been appointed Branch Officer of the Chicopee office;
Brady D. Chianciola
 

• Kristen Pueschel has been appointed a Loan Officer in the Consumer Loan Division;
Kristen Pueschel
 

• Colleen A. Brown has been appointed a Loan Officer in the Residential Lending Division, and

Colleen A. Brown
 

• Katherine A. St. Mary has been appointed Assistant Vice President in the Residential Lending Division.
Katherine A. St. Mary
 

•••••

Arthur M. Haselkorn, a commercial loan officer for Berkshire Bank, recently relocated to the 31 Court St., Westfield branch office.

•••••

Attorneys John G. Bagley and Dennis R. Anti of Morrison Mahoney LLP of Springfield have been voted Massachusetts Super Lawyers by their peers. The award is presented annually by Law and Politics magazine.
John G. Bagley
 

Both Bagley and Anti are partners of the firm and work in the Springfield office.

Dennis R. Anti
 

•••••

Terri Fox has been named Vice President of Retail Banking for Monson Savings Bank. Fox will assume the position held by Norma St. John who is retiring after 22 years of service.
Terri Fox
 

•••••

Beth Larrow has been named Executive Administrative Assistant at the Berkshire Chamber of Commerce in Pittsfield.

•••••

Denise M. Beaulieu has been named Marketing Manager for the Loomis Village in South Hadley. Loomis Village is a part of the Loomis Communities.

•••••

Christopher C. Desmarais, Senior Vice President of Gamco Asset Management Co., has been appointed to the Dolan Advisory Council for Fairfield University’s Charles F. Dolan School of Business.

•••••

Rich Mathews has been named Vice President of Marketing for Lenox in East Longmeadow.

•••••

Katherine K. Coolidge, a Law Librarian at Bulkley, Richardson and Gelinas in Springfield, will serve on the Board of Directors of Wing Memorial Hospital and Medical Centers in Palmer.

•••••

Trinidad Andino has been named a Mortgage Loan Officer at TD Banknorth Mortgage Group in Springfield.

•••••

Julie Makris has joined Carlson GMAC Real Estate as a Sales Agent in the Longmeadow office.

•••••

Suzanne Smith has been named Director of Health Services of Tapestry Health in Florence. She will direct the agency’s 11 family planning and community health services offices.

•••••

Gretchen O’Neil has joined the Belchertown office of ERA Laplante Real Estate as a Sales Associate.

•••••

Former Springfield Mayor Theodore DiMauro has joined the Springfield-based law firm Pellegrini, Seeley, Ryan & Blakesley.

•••••

Bacon & Wilson, PC of Springfield announced the following:
• Attorney Hyman G. Darling, Partner, has been named a Super Lawyer in the November issue of Boston magazine. Also, Attorney Darling recently attended a national conference on Special Needs Trusts at Stetson University.

Other Bacon & Wilson attorneys named Super Lawyers were:
• Paul Salvage, co-chairman of the Insolvency Department;
• Gary Fialky, chairman of the Corporate Department;
• Michael Katz, co-chairman of the Bankruptcy Department;
• Paul Rothschild, chairman of the Litigation Department;
• Stephen Krevalin, the firm’s Managing Partner, and
• Francis Mirkin, whose practice includes commercial and residential real estate.

•••••

Bulkley, Richardson and Gelinas, LLP in Springfield announced that Francis D. Dibble, Jr., Commercial Litigation, has been inducted as a Fellow of the International Academy of Trial Lawyers.

•••••

North Brookfield Savings Bank announced the following:
• Roberta Boucher has been appointed Main Office Branch Manager, and
• Tammy Gour Gustafson has been promoted to Assistant Branch Manager.

•••••

The Pioneer Valley Planning Commission in West Springfield announced the following:
• Jessica Jo Allan has been named a Senior Planner, and
• Gail E. Bobin has been named a Social Services Planner.

•••••

Andrew E. Markowski was named Counsel at Elizabeth Gara & Associates, a lobbying firm based in Hartford, Conn. He will focus on energy law and legislation as well as consumer protection issues.

•••••

Kent Pecoy Construction announced the following:
• Kevin Wiler has been promoted to Senior Foreman. In his new position, he will oversee junior foremen and crews, do scheduling, ordering, and product layout, as well as focus on customer relations and employee evaluations;
• Scott Poulin has been promoted to Project Manager. He will be responsible for managing each new custom home-build.

Uncategorized
Two Springfield natives recently received word that their development proposal for the former Basketball Hall of Fame site — the Old Hall — had been accepted. Now, with visions of riverfront revitalization, an integrated sports, fitness, and entertainment complex, and a new dawn for the city they call home, the childhood friends are off and running.

Historically, scaling the wall of a building in downtown Springfield has been frowned upon.

Until now. Two developers are hoping to make just such a daredevil feat a common occurrence in the city, at the former Basketball Hall of Fame, where their proposal for the building was recently approved.

Slated to carry the name River’s Landing by the beginning of next year, the building now simply referred to as ‘the Old Hall’ on West Columbus Avenue will soon serve as a combination health and fitness center, restaurant, café, and medical offices … and home to a three-story climbing wall already dubbed ‘K2,’ after the 28,250-foot peak in the Himalayas.

The multi-faceted project is the brainchild of Peter Pappas and Mike Spagnoli, two Springfield natives with already lengthy résumés.

Pappas is an East Longmeadow-based real estate developer and importer/exporter, and Spagnoli, a chiropractor, owns a number of medical offices scattered across the country, including several in California where he now resides. The pair has pledged $9 million to transform the Old Hall into a one-stop shop for sports, fitness, health, and entertainment – a concept they say will complement the existing attractions along the West Columbus strip: the new Naismith Basketball Hall of Fame, the Hilton Garden Inn, and three popular eateries – Max’s Tavern, Coldstone Creamery, and Pizzeria Uno (a fourth, Pazzo, formerly known as Carmela’s, will move into a vacant space at the new hall later this year).

“This site is tremendous because of its accessibility, visibility, and the opportunity for cross-promotion,” said Pappas. “We absolutely believe that our proposal is the best use for this site, and are committed to making the dream a reality.”

In short, Pappas said, “We’re good to go.”

Pacing Themselves

He and Spagnoli entered the ring early when the Springfield Riverfront Development Corp. (SRDC) issued a request for proposals for the Old Hall over a year ago. Since then, they’ve competed against other proposals for the site, including one for a public market, but have spent the bulk of their time refining the many facets of their own plan and how to best integrate them under one roof.

“An idea can be a great one, but it has to make business sense as well,” Pappas said.

And the two believe that their planned state-of-the-art fitness facility complete with medical and wellness offices, proposed bar and grill, and the climbing wall that will link the two, does just that.

Capitalizing on the riverfront itself is also a long-term goal for the pair, who hope to spur more frequent, safer use of the bike trail that runs along the river behind the site, starting with an inaugural mini-marathon when River’s Landing opens.

“Making a connection with the river is big, no one has really done it,” Pappas noted, adding that a boat landing might even be in the cards further down the road. “Inside, the space is going to be bright and open, but the best part will be the view – huge windows overlooking the riverfront.”

Spagnoli added that, when their venture is completed, the pair might have invested far more than the $9 million currently earmarked – he estimated the figure could rise to $13 million. But he said they are more focused on the sustained success of the project than the initial investment.

“We’re looking at employing 100 people, maybe more,” he said. “And we’re talking about good, specialized jobs in sports, health care, and management. It’s all about building a better tax base … and just having some activity in the building is going to be huge.”

The Tenant Race

Indeed, the basketball-orange building with its massive red panels depicting players making jump shots has been vacant for about three years now, and a large part of the River’s Landing project is going to be “bringing the building into the 21st century,” as Pappas puts it.

As architectural renderings depict, the building will include one new addition – a sloped-roof entryway leading into the lobby that will house K2 – as well as a new color scheme using blue hues that will match those used by the Hall of Fame, but lacking the Hall’s trademark orange. Those panels that now adorn the front of the building will be converted into signage for the attractions inside.

Pappas and Spagnoli have engaged the services of the architectural firm of Kuhn-Riddle in Amherst to design the new complex, while Solemi Construction is expected to handle the renovation and reconfiguration of the building.

As for the tenants, a number of options are on the table, and the two partners say their goal is to create the most effective mix of businesses and attractions.

“We want to create something that Springfield has never seen, because we believe that’s what is necessary,” said Spagnoli. “The city needs a spark and excitement, and the best tenants will bring that as well as the stability to thrive for years.”

The fitness center, which will encompass the largest area within the building, is expected to accommodate as many as 10,000 members and include a pool, basketball court, cardio or spinning room, weight training room, a Pilates or yoga studio, locker rooms, and a racquetball court, regardless of the chosen vendor.

L.A. Fitness, Healthtrax, and the Springfield YMCA-based Valley Athletic Club have all expressed interest in the site, Pappas said.

In addition, the proposed restaurant is planned to be sports-themed and family-oriented, and several national chains have also shown interest, including Buffalo Wild Wings and the Cheesecake Factory and rocker Alice Cooper’s ‘rock and jock’ restaurant, Alice Cooper’stown.

The climbing wall lobby will also include a café for coffee or smoothies (but no beer, Pappas joked – beer and climbing walls just don’t mix) while integrated health and wellness offices, from medical suites to massage therapy studios, will fill the remaining spaces.

“What we’re looking for is a place people can go to do something besides just eat and drink,” Pappas said, to which Spagnoli added that inquiries from possible tenants have already been brisk across the board, hailing from both national and regional entities.

“The point is there are a lot of interested people,” he said. “We’ve actually been pretty blown away by the response and the variety of the offers.”

Regardless of which businesses finally end up in River’s Landing, the partners agreed that one major deciding factor in the tenant make-up will be a willingness to work together to market the site as well as the city.

“Springfield has been under-marketed for years,” Pappas said. “And it’s no secret that the city has had some bad, bad PR lately. We want to show the nation all the good that is here, and really start to give the city its due. Marketing and positioning are both going to be strong aspects of this project, for the building as well as the riverfront and the city.”

Ain’t No Mountain High Enough

As they walked the perimeter of the building they now oversee, Pappas and Spagnoli, who have known each other since grade school, resembled childhood friends more than they did business partners about to take on a massive project in their hometown.

They frequently elbowed each other and conspiratorially whispered things like ‘It’s gonna be huge, just you wait!”

And neither man is shy about identifying themselves as hometown boys. In fact, they frequently bring up their reasons for returning home to invest – Spagnoli in particular, who will now be flying across the country every few weeks – citing the businesses their fathers started in Springfield, their Springfield educations, and their existing ties to the community.

And as soon at the K2 climbing wall is erected, Pappas and Spagnoli will undoubtedly be the first to climb to the top, with a crowd below rooting them on.

Jaclyn Stevenson can be reached at[email protected]

Uncategorized
Almost anyone who has sought medical services in Western Mass. lately can attest in many instances to waiting months for even the most routine appointments. While this can, to a certain degree, be attributed to the desirability of the particular physician, it is more often than not due to the general shortage of doctors in our region.

Organizations such as the Massachusetts Medical Society (MMS), which keeps a close eye on the physician labor market, have long since identified a severe and critical shortage in the Massachusetts physician labor market, and the situation is predicted to worsen in Massachusetts over the next 20 years.

Fingers are often pointed at the legal community with its naturally litigious nature as one reason why physicians are dissuaded from practicing in the state. High malpractice insurance premiums are the byproduct of such litigation. Alternatively, the legal community argues that if not for physician carelessness, malpractice insurance would not be so frequently utilized, and that the threat of litigation may have the effect of improving the quality of care.

Regardless of which side of the argument come down on, the physician shortage affects us all. Hospitals, large private practice groups and clinics must therefore have ongoing physician-recruitment programs in order to meet patient demand and to ensure the continuity and existence of the organization. Before embarking on any such recruitment effort, organizations need to establish a common sense recruitment approach that includes determining the organization’s recruitment objectives, employs various recruiting sources, assesses whether the candidate is a good fit for the organization, and has personnel in place to clearly explain employee benefits to candidates.

Incentive packages are often successful tools that may be utilized in physician recruiting. Reimbursement for relocation expenses, payable if the physician stays for a predetermined amount of time, may be an attractive incentive. Another option may be a bonus, also to be paid if the physician remains for a certain period of time. A third attractive incentive is the extension, by the employer, of a low-interest loan to assist the physician’s purchase of a home by providing a down payment. These and other packages have been used successfully by many organizations.

While legal problems often arise due to questionable hiring decisions, organizations can sometimes find themselves in hot water from the outset by asking the wrong types of questions of potential employees. If your hiring staff is not familiar with the law, they are strongly encouraged to review the information provided by the Massachusetts Commission Against Discrimination (MCAD) and found at its website, prior to posing what may be an improper battery of questions to candidates in an interview or on an application.
(Seewww.mass.gov/mcad/preemployfactsht.html)

Before starting the recruitment process, your organization needs to identify what type of physician it is seeking; i.e. a staff physician, physician partner, or potential partner. The methods you utilize to find your next employee could vary depending on the role he or she will be playing in your organization. In addition, the new employee’s effect on your budget needs to be identified early on. A new doctor often means additional professional and administrative staff support as well as extra burdens on space and equipment.

The best way to ensure hiring the best possible employee for your organization is to have a well-thought-out hiring program in place. Your organization needs to have a manpower plan that identifies the number and types of doctors it requires, now and in the future, broken down by specialty if necessary.

Your organization also needs to mobilize adequate resources for the recruitment process. This means having enough money set aside to fund the effort and also to hire competent, experienced internal or external recruiters. Organizations sometimes make the mistake of delegating this task, at least at the earliest stage, to a lower level administrative employee. Unfortunately, you run the risk of missing out on a good potential candidate due to lack of proper knowledge on the part of the screener. You may also lose a great candidate for lack of a timely response from your staff.

Like any good marketing campaign, your efforts should employ a variety of tactics. Networking among colleagues and physician groups is one of the most effective ways to attract new physicians and obtain leads as to out-of-area candidates. Organizations frequently look outside the United States for potential candidates, or attempt to recruit foreign physicians completing programs in the United States. If you are considering such an applicant, you need to be aware of the immigration procedures necessary to put someone on your payroll.

Generally speaking, due to the physician shortage, organizations do not need to go through the extensive ‘labor certification process.’ This is the procedure in which an employer proves to federal and state authorities that there are no suitable candidates who are United States citizens or lawful permanent residents. However, although sidestepping this lengthy procedure is an ironic benefit of the physician shortage, not all foreign candidates can be easily and quickly hired because of their individual immigration status. You should consult with an experienced immigration lawyer before making an offer to a foreign candidate.

Once you have spent the time and money to attract and hire your chosen candidate, you should monitor them during an initial two- or three-year period. Professional and, to the extent possible, personal issues that may result in their leaving the practice, should be identified and addressed.

When physician recruitment programs are properly developed and managed, organizations can achieve outstanding results. Successful programs can enable employers to recruit the desired number and quality of physicians, while retaining those physicians for years to come and perhaps avoiding costly litigation in the future due to a bad hiring decision.

Gary L. Fialky is chairman of Bacon & Wilson’s P.C. Corporate Department. His practice is concentrated in Business and Banking Law, with an emphasis on business formations, as well as the purchase and sale of businesses and the representation of physicians, medical groups and financial lending institutions; (413) 781-0560 or[email protected]

Martin C. Dunn, Esquire is an associate with Bacon & Wilson, P.C. He is a general practitioner who possesses expertise in the areas of immigration law, real estate, commercial business transactions, contracts and agreements; (413) 781-0560;[email protected]

Features Sections Supplements
To Climb the Career Ladder, You Must Have Good Balance
We’ve all heard the saying that all work and no play makes Jack (or Jill) a dull person. Well, that saying is not just a cute statement of life. It actually means that a person who never takes time off from work becomes both boring and bored. So if you opt to work seven days a week, 12 hours a day, you’re doing yourself more harm than good.

No matter what part of the country you work in, no matter what your background, no matter what your family or financial situation, you must have a balance between your personal and professional life. In fact, it’s impossible to produce at high levels without a personal life.

Yes, this philosophy goes against the American work ethic, which says to push yourself to the breaking point to get ahead. So many people these days think it’s normal to work seven days a week, to never take a vacation, and to sacrifice family time for financial gain. Well, that’s not the case in business. That’s right … if you want to reach the top dog status, you MUST take time off and have a work/life balance.

The fact is that you cannot work 90 hours a week and be a millionaire. Sure, you may be able to pull it off for a short period of time, but fairly quickly something will start to fall apart. Maybe it’ll be your marriage or your health. Whatever it is, you can be sure it will happen. What’s funny, though, is that the top producers— the ones who consistently earn at high levels — always have family and personal time built into their schedules.

Set the Expectation

Unfortunately, many businesspeople feel guilty when they spend time with their family or pursuing personal interests. They feel they must be available for their clients at all times — weekends and evenings if need be. Look at many business cards today and you’ll see that many give out their cell phone number, home number, and some even their home address.

Unknowingly, these workers are setting the expectation that they are available 24/7, rain or shine, sickness or health. And that’s no way to run a business.

While you should be accessible for your clients, you must also have some boundaries in your professional relationships. If you’re new to the business, then you more than likely will have to work weekends to get yourself established. That’s fine. But you still must plan some other time off for yourself during the week.

If you’re established in the business and you are still working every weekend, then maybe you really need to look at how efficient you’re being while you’re working.

Are you sticking to your established schedule? Once your business is established, there’s no reason for you to be working seven days a week. For example, one real estate agent in Colorado only works three days a week, sells about 270 homes a year, and earns approximately $4.5 million a year. That’s efficiency.

Ultimately, it’s your responsibility to tell clients what your days off are. They won’t guess, and they can’t read your mind. So if they ask you to meet with them on Thursday, and you take off Thursdays, you must set the expectation.

Don’t meet with them anyway and then be mad that they made you work on your day off. The client did not make you work on your day off; you made yourself work on your day off because you did not set the expectation. Hiding your schedule from clients will only create problems later.

What to Schedule

People often wonder what kind of personal things they should be putting in their schedule. Put in whatever is important to you. Some things you may want to schedule are your kid’s sports events, dinner with your spouse, time to work on your favorite hobby, commitments to personal groups or clubs you belong to, etc. There’s no right or wrong thing to schedule. The important thing is that you do it.

But putting these items in your schedule is only step one. Next you need to have accountability to these personal items.

Perhaps your spouse can keep you accountable for your scheduled ‘date nights.’

Maybe your kids will keep you accountable for going to their events. Whatever it is, be sure to tell your family and friends what you’re scheduling in your planner. When they know you have time set aside for them, they’ll help ensure you keep your word. After all, you don’t want to let down your family and friends, do you?

How Much Balance is Enough? When you’re starting out in the business, you must have at least one full day to recharge your batteries. This is one day when you’re completely unplugged from the office and from clients. You don’t take any phone calls, return any E-mails, or even think about work. This is a day just for you. This may sound scary for some people, especially you Type A control freaks, but relax … the office won’t fall apart without you. And your clients won’t abandon you and work with another agent just because you took a day off. Remember, set the expectation upfront and no one will mind.

As your business grows, or if you’re already established in the business, then you must take at least two days off per week. They don’t have to be two consecutive days (although that is best), and they don’t have to be weekends. You simply need to take two days. Why? Because as you get established, your efficiency should naturally be increasing. You can accomplish more in less time, so there’s no reason to work more than five days per week. Also, when you produce at higher levels, your brain and body will require more relaxation time so you can stay at peak performance.

Finally, when you push yourself and overwork yourself, you begin to develop a sour attitude. You may secretly resent those clients who want to meet with you on weekends or whatever days off you want. You may resent colleagues who seem to work less but make more money than you. Resentment, anger, and frustration are not traits of successful businesspeople. A positive attitude, enthusiasm, and a love of the business are the traits that propel people to the top. And you can’t possess those traits consistently if you’re not allowing yourself time to rest.

A Little R & R Goes a Long Way The bottom line is that you must have a balance between your work and personal life. Without it, your career, your health, and even your family life will suffer.

No career is worth that price. So work diligently to maintain balance. When you do, you’ll be able to hob-knob with all the other top dogs as you sit by the pool on your day off.

A real estate trainer and speaker, Jerry Pujals helps agents nationwide increase their production, efficiency and sales. His forthcoming book, “Secrets to Real Estate Success,” offers strategies to help others achieve their real estate goals;www.jpsalessystems.com.

Sections Supplements
A New Tax Consideration for ‘Producers’
Does your business ‘produce’ anything? Beginning in 2005, any business that is considered to be a ‘producer’ by the Internal Revenue Service is entitled to a new deduction called the “Domestic Production Deduction.” The dollar amount of the deduction will equal 3% of your income in 2005, and this percentage will steadily increase in future years to a maximum of 9% by the year 2010. But more on that later.

First things first. In order to qualify for the deduction, you must determine if your business is a ‘producer.’ As with any tax law provision passed by Congress, there is a long-winded definition that goes like this: A producer is a taxpayer who derives revenues from the “lease, exchange, rental, license, sale or other disposition of tangible property that was manufactured, produced, grown, or extracted (‘MPGE’) in whole or significant part within the United States.”

‘MPGE’ is further defined to mean “activities relating to manufacturing, producing, growing, extracting, installing, developing, improving, creating, processing, manipulating, refining, and combining.”

There you have it. If you can make a reasonable argument that your business activity falls within the above definition, you should qualify for the deduction. In many cases, the determination will be obvious, but in some cases not so obvious.

For example, most manufacturing and agricultural activities clearly qualify (note that the activity has to be in the U.S.). Most service businesses will not qualify. But there are myriad business activities that may be questionable. For example, what about a dentist filling cavities? There will be many situations where tax accountants and their clients will have some interesting discussions, to say the least.

In addition to the above general definition, the tax law also carves out certain business activities that will specifically qualify, as follows:

  • Real estate construction
  • Architectural and engineering services for real estate construction
  • Film production
  • Production of natural gas, electricity, or potable water
  • Production of computer software (but not software accessed via the Internet)

Calculating the Deduction

Once you determine that you qualify for the producer deduction, the next step is to figure the amount of the deduction. For 2005 and 2006, the deduction will equal 3% of your income from the production activity (or your taxable income if less). From 2007 to 2009 the percentage will be 6% of income, and in 2010 it will top out at 9%.

For example, in 2005 for every $10,000 of income, you’ll get a deduction of $300. This will in turn create a tax savings based on your marginal tax rate (e.g. marginal tax rate of 33% would yield a tax savings of $100 for every $10,000 of income).

If all of your business activities qualify for the production deduction, the above computation is relatively quick and painless for your accountant. He or she will simply multiply your taxable income by the percentage, and that’s the deduction. There is also a relatively simple one page tax form (Form 8903) that the Internal Revenue Service has provided for claiming the deduction.

On the other hand, there might be significant complications if you are a partial qualifier, that is, some of your business activities qualify and some do not. In those situations, your total business income will have to be broken out between the qualifying production activities and the non-qualifying non-production activities. That will require revenue and cost allocations that might be extremely complicated, depending on the particular situation. It could be an accounting nightmare that is more costly than the deduction is worth.

Here are some other points to consider:

  • The producer deduction applies to tax years beginning on or after Jan. 1, 2005. In general, this means it will first apply to taxpayers with calendar years ending on Dec. 31, 2005.
  • Any type of taxpayer can qualify, including sole proprietors, partnerships, limited liability companies, corporations and trusts.
  • The deduction cannot exceed 50% of W-2 wages paid by the business, which means that if the owner runs the business alone with no employees, there would be no producer deduction.
  • The producer deduction will not be allowed on Massachusetts tax returns.

Conclusion

The new Domestic Production Deduction represents tax savings for certain businesses, therefore this is a tax provision that you and your accountant should know about.

Rodney McCorkill, CPA Director of Tax Services for Springfield-based Moriarty & Primack, P.C; (413) 739-1800.

Departments

Florence Savings Bank Reports Continued Strong Growth
FLORENCE — Florence Savings Bank recently reported third-quarter results that indicate a continuation of the bank’s strong growth trend, according to President John F. Heaps Jr. The bank’s total assets at the end of September stood at $865.8 million, an increase of $70.2 million, or 8.8% from the corresponding period last year. Growth in the bank’s loan portfolio was the primary source of the asset growth, with total loans up $66.4 million or 15% from the prior year. The loan growth was spread across the portfolio as residential real estate loans ended the quarter at $348.7 million, up $40.5 million or 13.1% from the prior year. Equity loans increased $17.1 million or 38.5% from September 2004 levels, and commercial loans grew $12.6 million or 15.6% over the same period. Deposit growth was also strong as total deposits ended the quarter at $619.6 million, up $26.0 million or 4.4% from September 2004 levels.

Federal Funding Will Benefit STCC Commuter Student Transportation
SPRINGFIELD — U.S. Rep. Richard E. Neal recently secured federal funds to
support Springfield Technical Community College’s effort to resolve student transportation challenges. The Pioneer Valley Transit Authority (PVTA) will receive the funding and will provide additional bus service to the campus. The transportation and parking project will help make the college more accessible throughout the region. Congressman Neal secured the funds through the FY ’06
Transportation Appropriations bill.

AIC Receives Foundation Grant
SPRINGFIELD — American International College recently received a $138,400 grant from the Davis Educational Foundation of Falmouth, Maine that will be used to establish a division of Institutional Research to assist with strategic planning. The grant will improve data assessment on campus which will enable better institutional, operational, programmatic, curriculum and enrollment planning and management, according to John T. Short, Jr., vice president for Development and Alumni Relations. AIC officials applied for the grant in September and received approval following a site visit by trustees in October and
review of the application.

TD Banknorth Provides Springfield Museums with Grant
SPRINGFIELD — The Springfield Museums recently received a $10,000 grant from TD Banknorth Charitable Foundation for the museums’ Weekend Family Fun series of educational programs. Weekend Family
Fun programs highlight holidays, special exhibitions, cultural traditions
and topics with family appeal. Each program includes a performance, art
demonstrations, science activities and hands-on craft workshops. TD Banknorth,
through its charitable giving arm, the TD Banknorth Charitable Foundation, supports programs and organizations which have proven records of arts and cultural enrichment programs.

UMass Film Library Honored in Berlin
AMHERST — The DEFA Film Library at UMass Amherst was recently awarded a 5,000-euro Program Prize at the Kino Babylon: Mitte in Berlin, Germany. The
award recognizes the library for “Rebels With A Cause: The Cinema of East
Germany,” a retrospective of 22 films presented in October at the Museum of
Modern Art in New York. The library was selected for the program prize by the DEFA Foundation in Berlin to acknowledge the archive’s efforts to extend the boundaries of scholarly work on DEFA films and postunification German cinema and developing an international network of filmmakers and film scholars. Starting in January, the Rebels With A Cause will tour the United States and Germany, including exhibitions at the Museum of Fine Arts in Boston and the National Gallery of Art in Washington, D.C. In collaboration with partners in this country and Germany, the DEFA Film Library has worked for more than 10 years
to make the cinema of East Germany available and known in the United States and Canada. The film library is directed by Barton Byg, professor of Germanic languages and literatures at UMass Amherst.

Employee Benefits Firm Expands Operations
NORTHAMPTON — American Benefits Group recently reached a mile-
C O M P A N Y N O T E B O O K www.BusinessWest.com 6 1 D E C E M B E R 1 2 , 2 0 0 5stone by acquiring its 100th employer client for its flexible spending administrative services, and by opening an Eastern Massachusetts office in Topsfield. The firm has been based in Northampton since 1987, and specializes in employee benefits consulting. Longtime clients include Amherst
College, Mount Holyoke College, Hampshire College and Florence Savings Bank, and its current national employer clients include Ferrari and Mazerati of
North America, Apogen Technologies, Jupiter Medical Center and Healthtrax
International. Robert L. Cummings, the firm’s founder and CEO, said that the
administration business is adding an average of one new employer client each week, having growth the business 100% in the past year alone. Cummings added that he expects the company to double its client base again in 2006. Flexible spending accounts allow employees to pay for unreimbursed medical, dental and vision expenses, as well as work related child care expenses, with pre-tax dollars.

Japanese Manufacturer Set to Acquire Local Plant
AGAWAM — Marubeni Citizen- Cincom of Japan is expected to purchase Brookdale Associates in early 2006. Brookdale owners Jim and Patricia Sasanecki started the company in Springfield 15 years ago. The company services, sells, and makes accessories for machine tool equipment. Terms of the purchase were not disclosed. As part of the deal, Jim Sasanecki will serve as vice president of Engineering when the business transaction is complete. Marubeni Citizen- Cincom is a joint venture between Citizen Machinery Co. Ltd. and Marubeni Corp. The firm will continue operations in Agawam with the same staff.

Easthampton Savings Assets Continue to Grow
EASTHAMPTON — Easthampton Savings Bank saw its assets grow by $8 million during the third quarter, an increase of $28 million over the previous 12 months. The bank ended its third quarter with assets of $656 million. William S. Hogan Jr., president, said the bank’s loan portfolio showed robust growth during the third quarter. Also, the bank’s total loan portfolio grew by $7.7 million or 6%, to stand at $482 million. Lastly, deposits grew by $13.1 million or 3%, over the year, to $511 million. In other bank news, an automated teller machine was recently installed at the intersection of Routes 10 and 202 in Westfield, the bank’s first location in Hampden County.

Edible Arrangements Receives Award
WILBRAHAM — Pam and Greg Clark of Edible Arrangements recently received
the 2005 Best New Boston Road Business award by the Boston Road Business
Association. The award is given to the business with the most votes cast by customers. Arrangements include fresh cut fruit in the form of floral bouquets that can be accented by gourmet chocolate-dipped strawberries or Granny Smith apples, a Mylar balloon, a jar of gourmet fudge, a Blue Mountain greeting card or a Russ teddy bear.

Smith & Wesson Debuts M&P Pistol
SPRINGFIELD — Smith & Wesson has launched a new part-plastic gun, the M&P Pistol, it hopes will win back some of the law enforcement market it haslost over the ears to competitor Glock. The M&P Pistol was designed specifically for law enforcement personnel, however, it will also be available for retail sale. The list price of the pistol is $695. The new gun will also supplement Smith & Wesson’s model 1911 and SW99. In addition, the company also resells some pistols manufactured by Walther of Germany.

HCC Receives $100,000 Grant From MassMutual
HOLYOKE — The MassMutual Financial Group recently approved a $100,000 grant for Holyoke Community College’s The Gift of Opportunity campaign to support the college’s efforts to provide necessary resources for Springfield students to attain a quality education. The grant allows the college to support the capital needs of its Center for Academic and Program Support, where tutoring and mentoring services take place, and the adjacent library information instruction lab where students learn vital research skills. The campaign seeks to raise $4 million over the next five years and is the largest endeavor in the college’s history.
For more information on the campaign,
contact Joe April at (413) 552-2746; [email protected]

New Plant Ready to Recycle
WARE — It was a six-year struggle but Richard C. O’Riley persevered and the
town now has a state-of-the-art demolition materials recycling facility and 25 new jobs. ABC&D Recycling, Inc., a 21,000-squarefoot facility on Route 9, will soon be processing asphalt, brick, concrete and demolition materials, according to O’Riley. Central to the operation are an 80-ton grinder and a 60-ton shredder, which will digest construction materials. O’Riley anticipates recycling up to 80% of the materials that are sent for processing. Customers will include construction companies, contractors, private customers and hauling firms.

Departments

The following Business Certificates and Trade Names were issued or renewed during the month of November and December 2005.

AGAWAM

Affordable Landscaping
42 Cricket Road
Kamron Kafi

Happy Homes
173 Leonard St.
Phyllis Scott Bamford

AMHERST

China Business Update
44 South Mountain
Wayne Xing

J. Carizan Home
Improvement
151 Colonial Village
Juan Carizan

SSL Sushi Inc.
11 North Pleasant St.
Hakji Song, Hyo Kyoung Lee,
Young Sung

Y & Z Market Analysts
990 North Pleasant St.
Li Yan

CHICOPEE

A-1 Pizza
Springfield Street
Koray Durmaz

Jenrose Wine & Liquors
945-947 Chicopee St.
Manuel Costa

EAST LONGMEADOW

Amicus Healthcare
100 Shaker Road
Jerry Torrant

Coffee Roaster & Gifts
52 Maple St.
The Coffee Roaster Inc.

D’Meara & Associates International
8 Redin Dr.
Scot Meara

Finishing Touches
41 Franconia Circle
Louise Gudwin, Carolyn Huges

Go Geeks
15 Crescent Hill
Stan Prager

Michael Albano & Associates Inc.
280 North Main St.
Michael Albano

Senior Financial Advisors Inc.
264 North Main St.
Gerald Nannen

HOLYOKE

Airbrushing
50 Holyoke St.
Christopher Lombardi

Crowley Transport Service
15 Dillon Ave.
William Crowley
David Tetrault, Private
Detective
3 Claren Dr.
David Tetrault

LONGMEADOW

Deborah Hoadley, MD LLC
175 Dwight Road
Deborah Hoadley

NORTHAMPTON

Antiques on Strong Ave.
17 Strong Ave.
Gary Perman

Hickory Dell Farm
245 West Farms Road
John Omasta

The Real Estate Connection
141 North Main St.
Nancy Nickerson

Werewolf Movie
171 Crescent St.
Stephen Decky

SPRINGFIELD

A.H. Enterprises
28 Amherst St.
Alan Howard

B.C.N.G. Property Rehab
73 Clayton St.
Brent Pieczarka

Bement Associates
35 Lenox St.
Marta Leander

Beyond Catering
136 Fair Oak Road
Gregory Calloway

Champion Child Care
30 Bowdoin St.
Tony Taylor

Church of Pentecost Inc.
71 Allen St.
Mensha Ansah

Dollars Variety
1611 Main St.
Willie Harris

Eagle Transit LLC
49 Newland St.
Marie Correa

Felix’s Distributors
19 Hope St.
Roberto Felix

Infinite Productions 2020
148 Santa Barbara St.
Russell Moussignae

K.G. Home Improvements
357 Cottage St.
Richard Koslik

La Favorita Mini Mart
179 Walnut St.
Majid Nizam Din

Lean Back Barber Shop
165 White St.
Jose Treijillo

Maxim Seamless Gutters
21 Ouster Circle
Maksim Barabolkin

Park View Rehabilitation &
Nursing Ctr.
1400 State St.
Springfield Park View Hospital
LLC

Rent-A-Geek Computer Services
126 Feltham Road
Wayne Whitlock

S & S Food Mart
61-67 Locust St.
Shoukat Hussain

Simple Treasures
99 Westbanks Court
Deborah and Allan Curran

Southend Mart
679 Main St.
Zhhoor-Vi-Haq

Suds & Scissors
1 Lakevilla Ave.
Terrance Clanton

Touch-Ups Plus
1213 Worcester St.
Javier Carrucini

WEST SPRINGFIELD

A to Z Moving and Storage Inc.
380 Union St.
Robert Post

Atlas Appraisal
53 Amostown Road
Peter Brayton

Bryant General Contracting &
Construction
83 York St.
John Bryant

C.H.I. Design
162 Wolcott Ave.
Cynthia Henriquez

Dependable Trustee Services
117 Park Ave.
D & L Property Investments

Elm Market & Package Store
246 Elm St.
Walter Rickus Jr.

Finishing Touch Home
Improvements
48 Hill St.
William Young

Grosso Chiropractic P.C.
615 Westfield St.
Cynthia Okeef-Glebner

Hardy’s Home DÈcor
86 Connecticut Ave.
Stephen Hardy

The Ivanhoe
1422 Elm St.
Ronald Abdow

Kabab and Curry Restaurant
903 Main St.
Muhammad Sabir

LHQ Dance Force Unlimited
1700 Riverdale
Lynn Hadden-Quinn

Management Consulting Services
121 Westwoof Dr.
Phillip Guazzaloca

Miguel Coamo Barber Shop
1146 Union St.
Miguel Valzaquez

New England Novelty
183 Ashley St.
Dean Vogel, Sr.

Oem Telematics Services
1385 Riverdale St.
OnStar Corp.

Page One Productions LLC
117 Upper Beverly Hills
Roberta Page

Pizza King
1140 Memorial Ave.
Maria Kaitis

Rapidcreditrecovery.com
148 Chilson Road
Peter Ansara

Right Constraction
57 Russell St.
Dmitriy Shapovalov

Spruce Facilities
Management Inc.
3 Witch Path
Kathering Zimmerman

Venetian Bakery
90 Baldwin St.
Mark Maniscalchi

West Springfield Mobil
562 Westfield St.
Syed Bokhari

WESTFIELD

Acme Burner Service
2 Birch Ter.
David Engley

Carpet Ends
1006 Southampton Road
Gabriel Khatchadouian

Custom Graph
146 Sackett Road
William Gorman

Grazers
43 Pochassic St.
Rhona Medrek

Jan Woodworks & Renovation
61 Bowdoin St.
Joseph Muto

Louis & Clark Drug Inc.
1029 North Road
Clark Matthews

Departments

The following business incorporations were recorded in Hampden and Hampshire counties, and are the latest available. They are listed by community.
CHICOPEE
Fearn Electric Inc.,
159 Granby Road, Chicopee 01013.
Scott A. Fearn, 65 Mandalay
Road, Springfield 01118.
Electrical contracting, installations and repair services.

EAST LONGMEADOW
East Side Pub Inc.,
67 Favorite Lane, East Longmeadow 01028.
Michael T. Katsounakis, same.
To own and operate an eating and drinking establishment.

HUNTINGTON
CWK Inc., 3 East Main St.,
Huntington 01050. Charles W.
Kinloch, same. To operate a restaurant.

NORTHAMPTON
Health in Harmony Inc.
, 341 Prospect St., Northampton
01060. Julia Riseman, same.
(Nonprofit) To support programs in Indonesia, etc., that provide medical care,
training, and a healthy natural environment, etc.

K-7 Realty Inc.,
210 Florence Road, Northampton 01062.
Kevin A. Kochapski, 1195
Westhampton Road,
Northampton 01062. Holding real estate.

RUSSELL
The Russell Elementary
School Parent Teachers
Organization Inc., 155
Highland Ave., Russell 01071.
Andrea D. Smart, 289
Woodland Way, Russell 01071.
(Nonprofit) To support the health, safety, welfare and education of the Russell
Elementary schools students, etc.

SPRINGFIELD
D-Soto Corp., 77 Ogden St.,
Springfield 01151. Daniel A.
Soto, same. Sewing household, industrial and other commercial business.

House of Refuge Inc.,
15 Rochelle St., Springfield
01109. Ryan O’Neal Walker,
56 Mapledell St., Springfield
01109. (Nonprofit) To proclaim the Gospel, minister to the needs of the people of God, etc.

Second Stage Inc.,
44 Greene St., Springfield 01109. Antonio
Yates, 43 Berkley St., Springfield
01109. (Nonprofit) To support young adults to gain independent living, recreation and social skills, etc.

Springfield Veterans
Activities Committee Inc., 77
Dorset St., Springfield 01108.
Eugene Brice, 10 Berkley St.,
Springfield 01109. To support and promote military veterans and related organizations throughout Western Massachusetts, etc.

The Longmeadow Rotary
Foundation Inc., c/o Jerry N.
Plumb, 1500 Main St.,
Springfield 01115. Jay Leib,
200 Tanglewood, Longmeadow
01106. (Nonprofit) To provide scholarships and loans to individuals, etc.

WESTFIELD
Axis Precison Inc.,
121 Summit Lock Road, Westfield
01085. Raymond Paquette, 172
Kings Highway, Westhampton
01027. Production and sales of
precision machined parts.

Beach Club Tanning Inc.,
The Westfield Shops. Space D,, 459
East Main St., Westfield 01085.
Michael Serricchio, 118 Rachel
Ter., Westfield 01085. Tanning salon.

Tekoa Golf Inc.,
459 Russell Road,
Westfield 01085. Brett A.
Remillard, 376 North Main St.,
South Hadley 01075. To own and operate a golf and banquet facility.

Westfield Elm Street
Redevelopment Corp.,
53 Court St., Westfield 01085.
Paul Lischetti, 402 W.
Cummington Road,
Cummington 01026. Real estate management and development.

WEST SPRINGFIELD
Stevens Forest Products Inc.,
277 Woodbrook Ter., West
Springfield 01089. Lawrence E.
Stevens, same. Sale of sand, stone, wood and similar natural resources.

Departments

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

AGAWAM

Proden Enterprises of America Inc.,
630 Silver St.,Agawam 01001.
Daniel Luquette, 2665 Marcel St.,
St. Laurent, Quebec, H4R 1A6 Canada.
National Corporate Research, Ltd., 630 Silver St.,
Agawam 01001, registered agent.
(Foreign corp; DE) Sales of steel rule dies.

CHICOPEE

Andre Marcoux Enterprises Inc.,
86 Catherine St., Chicopee 01013.
Andre Marcoux, same.
Auto body repair.

C.S.D. Inc.,
1860 Westover Road, Chicopee 01020.
Stephan Krugsman, same.
(Foreign corp; DE) Software development and sales.

JCE Textile Corp.,
15 DeJordy Lane, Chicopee 01020.
Edward F. Mrozinski, 138 Slate Road,
Chicopee 01020. To manufacture textiles.

Royal Regal Entertainment Production Inc.,
36 Savory Dr., Chicopee 01020.
Winchell P.C. Woo, same. Entertainment production.

Royal Regal International Inc.,
36 Savory Dr., Chicopee 01020.
Winchell P.C. Woo, same. International trade.

EASTHAMPTON

Jai Shree Ram, Corp.,
24 Kingsberry Way, Easthampton 01027.
Yogesh C. Patel, same.
To conduct the business of a package store.

EAST LONGMEADOW

Admiral Roofing Inc.,
444 A North Main St., No. 136,
East Longmeadow 01028.
Yana Abramovich, 84 Fairviedw Ave.,
Chicopee 01013. Home improvements — roofing, siding, etc.

Che Pecat Inc.,
83 Harkness Ave., East Longmeadow 01028.
Maria Cardinale Joyce, same.
To manufacture, create, distribute and
otherwise transfer any and all goods.

GRANBY

Granby Community Access and Media Inc.,
257 State St., Granby 01033.
Teresa Lajoie, 160 School St.,
Granby 01033. (Nonprofit) To operate a public,
educational, and governmental access
programming television studio, etc.

MONSON

L.I.G.H.T. Ministries Inc.,
14 King St., Monson 01057.
Joseph Wilson, same. (Nonprofit)
Recording and promoting music ministries
geared around local talents and churches of New England.

PALMER

KATC Corp.,
1465 North Main St., Palmer 01069.
Anthony Ventura, 1007 Woonsocket
Hill Road, North Smithfield, RI 02896.
Kristopher Ventura, 1465 North Main St.,
Palmer 01069, registered agent. Restaurant operations.

SOUTH HADLEY

Yankee Onsite Wastewater Association Inc.,
68 Fairview St., South Hadley 01705.
John J. Higgins, same. (Nonprofit)
To improve the onsite management of wastewater in New England, etc.

SOUTHWICK

Whitfield Enterprises Inc.,
17 Charles Johnson Road, Southwick 01077.
Karen G. Whitfield, same.
To operate a boarding kennel for dogs, cats and other household animals.

SPRINGFIELD

Cortes School Services Inc.,
611 Union St., Springfield 01109.
Nancy Cortes, same.
To transport school children from pick-up
locations to school and from school to drop-off locations.

LKM Modeling Inc.,
38 Angelica Dr., Springfield 01129.
Elizabeth J. Mitchell, same. Modeling.

Masosaw Management Inc.,
340 Cooley St., Unit 278, Springfield 01128.
Samuel A. Forde, 30 Grove St.,
Springfield 01107. To deal in real estate and ancillary services.

McKnight District Improvement Association Inc.,
The, 21 Clarendon St., Springfield 01109.
Hazel L. H. Adams, 47 Forest Park Ave.,
Springfield 01108. (Nonprofit)
To preserve and enhance the McKnight District of Springfield.

R&D Development Inc.,
93- 95 High St., Springfield 01105.
Lynden Greaves, same. To deal in real estate.

Springfield Titans Baseball Club Inc.,
65 Palo Alto Road, Springfield 01128.
Alphonse DeMaio Jr., same. (Nonprofit)
To provide the opportunity of youths under 19 to participate in organized competitive baseball and softball programs. etc.

ZDB-CAB Corp.,
501 St. James Ave., Springfield 01109.
Daniel Bean, same.
To own and operate a used vehicle sales business.

WESTFIELD

A-One Realty Inc.,
11 Knox Circle, Westfield 01085.
Robert J. Corcoran, same. Real estate sales, development and management.

WEST SPRINGFIELD

Bernardas Bucas Inc.,
166 River St., Apt. 6, West Springfield 01089.
Bernardas Bucas, same. Cable installation service .

Time Design International Inc.,
150 Front St., West Springfield 01089.
Jonathan Haverly, same. Daily planner manufacture and sales.

Opinion
Springfield Mayor Charles Ryan was asked to gauge the still very preliminary plans for development of Springfield’s riverfront. He was cautious in his response, which is understandable given how little is actually known about the plans and the people behind them.

But he told BusinessWest that, at the very least, it’s good to have some actual competition — and from the private sector, no less — for sites such as the old Basketball Hall of Fame. And we couldn’t agree more.

Nearly everything that has been developed in Springfield over the past several years — including the new Hall, the MassMutual Center, and the new federal courthouse now under construction, have been built with mostly public dollars. What Springfield needs is private investment, and it’s finally starting to see the potential for some on its long underutilized riverfront.

At the moment, there are at least two proposals still under consideration for the old Hall of Fame. One is for a sports and fitness center, and the other for a mixed use concept that includes a public market and restaurant.

Meanwhile, two partners who are now part of the public market complex, and who together formed the Connecticut River Development Corp., are gauging the feasibility of locating a hotel on the Riverfront Park site just south of the Memorial Bridge.

These are positive developments for Springfield, but we urge caution as the city mulls its options for the riverfront. This is an important piece of the economic development puzzle in Springfield and everyone is anxious for something to happen. But we think it’s far more important for things to be done right than for them to be done quickly.

Take the proposed hotel, for example. CRDC’s principals say the hotel-building entity they’re working with fell in love with the Riverfront Park site and wants to develop there.

That’s fine, but there are a number of logistical hurdles to be cleared before a hotel can even be considered; the biggest of which would be the railroad tracks that sit between the site and West Columbus Avenue.

And even if that access problem can be solved, does the city want to put another hotel on the riverfront when all indications are that downtown, specifically the area near the recently opened MassMutual Center, would make far more sense?

As for the public market concept, we’ve said before that it looks good on paper, but we’re not convinced that it can draw the high volume of traffic needed to make such a venture viable. The Springfield Riverfront Development Corp. (SRDC), the real estate arm of the Hall of Fame, has been weighing the public market concept for more than a year now, carefully considering whether or not it will work.

We encourage more of this due diligence because the old Hall of Fame is an asset that shouldn’t be developed (or torn down, as is now likely) merely for the sake of development.

The same is true of the old York Street Jail, which has sat idle for many years now, making the imaginative ‘Jail for Sale’ sign on its east wing a seemingly permanent part of the downtown Springfield landscape.

Like the old Hall, the jail seems destined for the wrecker’s ball, because its quirky design does not lend itself to easy redevelopment.

Razing the structure should open the door to a number of opportunities, but the city must carefully weigh what the next use will be.

Indeed, if Springfield’s riverfront is to become the destination everyone hopes it will be, it must draw people from across Columbus Avenue — and across the region. Ideally, locations like Springfield’s riverfront work best when people can work, play, eat, shop, and live there — and we believe this is the multi-faceted course the city should pursue.

Above all, patience must dictate the overall development process. People in Springfield talk about how long the old Hall of Fame has been vacant — three years — and they express frustration. Then they consider how long the jail has been rotting (more than a decade) and they really get frustrated.

But the task at hand is not to merely develop the riverfront, but to develop it properly. Thus, the city must proceed with caution.?

Sections Supplements
What’s Next for Springfield’s Riverfront?
Springfield Technical Community College

Evan Dobelle, left, seen here with Springfield Technical Community College President Ira Rubenzahl, says “eds and meds” are the future of the New England economy.

While the process of selecting a developer for the old Basketball Hall of Fame continues, a development team has forwarded what it calls a “bridge-to-bridge” plan for the riverfront that includes several challenged properties, including the old Hall, the long-idle York Street Jail, and the underutilized Riverfront Park site. Just what will develop, however, and when, are still very big questions.

Tim Mulcahey says it all started with idle talk about building a facility for a CYO basketball program on a parcel near the former York Street jail.

That is how the ball started rolling toward formulation of an ambitious, still-evolving venture for Springfield’s riverfront. For now, it’s being called the “bridge-to-bridge” plan, said Mulcahey, a Longmeadow real estate developer, who has partnered with Dennis Serna, a Connecticut-based developer, and created an entity called the Connecticut Riverfront Development Corp.

The CRDC is currently looking at several pieces of property along a roughly mile-and-a-half long stretch between the South End and Memorial Bridges. These include the long-vacant prison, the former Basketball Hall of Fame, and a little-used recreational area called Riverfront Park.

The proposed CYO basketball facility was long ago put on the shelf, said Mulcahey, the long-time director of that youth program. But he, Serna, and some other players have moved on to bigger and hopefully better ventures.

They have joined forces with the Springfield Business Development Corp. (SBDC) in a proposal for the old Basketball Hall of Fame site that combines several elements, including a public market, a restaurant and some retail. That plan is one of two considered finalists for re-use of the old Hall, which has been closed and unused for three years.

Meanwhile, the CRDC is in the exploratory stage of a project to locate a hotel on the Riverfront Park site. The partners have signed a letter of intent with the city that gives them, in essence, an exclusive window of opportunity for that parcel.

They’ll have roughly the next three months to finalize plans for what Mulcahey describes as a “destination hotel.” Should a concrete proposal come forward, the city would then have 45 days to look it over and decide whether it earns a thumbs-up.

As for the old jail, Serna said several possible uses have been considered, and more are being formulated. For now, though, the jail is at least third on the to-do list for the real estate between the two bridges.

“We started with the jail, and will probably still do something with that site,” he explained, “but as it worked out, the focus went north of the jail, because opportunities presented themselves there first.”

Both Springfield Mayor Charles Ryan and David Panagore, deputy executive director of the Springfield Finance Control Board, welcomed the CRDC’s initial plans for the riverfront, but cautioned that they have been ‘ and will continue to be ‘ closely scrutinized to ensure that they are both feasible and compatible with other economic development initiatives.

“We’re not going to hand over development rates on a speculative basis,” said Panagore, who is now leading the city’s economic development efforts. “We’re not going to give someone those rights for two years and say, ‘go come up with a plan.’ We’ll hand over development rights when there are viable projects.”

Ryan concurred, but said the level of interest in various riverfront parcels, especially the old Hall site, is cause for optimism. “It’s been quite a while since we’ve seen actual competition for development of that area,” he said. “Lately, most all of the development has come from the public sector; this a welcome turn-about.”

Mulcaheny and Serna acknowledged that they are not big players when it comes to real state development. Their goals ‘ much easier to enunciate than their plans ‘ are merely to develop (or redevelop, as the case may be) an untapped asset in the riverfront, and give a beleagured city a boost.

“We want to do something that will hope move Springfield forward,” said Mulcahey. “We’re part of this community, we’re involved in it, and we want to see it prosper.”

BusinessWest looks this issue at how this unique partnership plans to go about that assignment.

Money in the Bank

As they talked about CRDC’s preliminary plans for the riverfront, Serna and Mulcahey were long on optimism but short on specifics, especially with regard to potential pricetags.

“The riverfront should be a crown jewel, it should be a real destination,” said Mulcahey, noting quickly that details of many components of the bridge-to-bridge project cannot be revealed due to various confidentiality agreements ‘ and also because some of the plans are still quite vague.

What is known is that CRDC is moving forward on at least two of the three (or more) phases of its broad riverfront development initiative. More will certainly be known by the end of this year or early next, said Mulcahey, noting that a developer should be chosen by then for the old Hall, and he and Serna will know if they can clear the many hurdles standing in the way of the hotel project (more on that later).

As for how the bridge-to-bridge concept ‘ and its first phase, the hotel ‘ came together, said Serna, it was a case of getting some unique perspective on the riverfront; in other words, a look from someone who doesn’t see it every day.

“They walked that entire length of riverfront, from the jail to the bridge, and simply fell in love with that park site,” he explained, referring to a hotel-building entity he chose not to name.“They said, ‘this is where we’d like to be.’”

Getting them there will be the mission for some unlikely partners who have some experience in construction and real estate development, but certainly nothing on the scale of Springfield’s riverfront.

Mulcahey’s resume includes a variety of work in property development. He worked for Ohio-based Dairy Mart as a project supervisor and manager, and helped select and develop many sites in the Northeast and Midwest. Later, he worked as a project manager for a New York-based businessman, Andrew Stone, who developed a number of office buildings, industrial parks, and other ventures in Connecticut. From there, Mulcahey developed a project in Boston called First Atheneum Street, a large office project, before joining a Hartford-based real estate development firm.

Serna, meanwhile, also has a background in commercial real estate development. He started in Stamford, Conn., and later relocated to Manhattan, where he worked on several projects, before joining Starwood Capital Group. Based in Greenwich, Conn., SCG is a multi-faceted real estate group that specializes in hotels, among other things.

While the two partners would not identify the hotel-building entity they are currently working with, they have been linked in some published reports with Atlantabased Nylo LLC, a company launching a chain of small hotels with loft-style rooms.

Mulcahey would say only that what is being considered for the riverfront site is a new concept, especially in this market, and would be classified as a destination hotel.

While the Riverfront Park location offers sweeping views of the river and the historic Memorial Bridge, it is challenged in many ways. For starters, it is separated from West Columbus Avenue by a wide set of railroad tracks, used primarily by Amtrak for commuter runs.

This logistical concern has limited use of the park, said Ryan, noting that while the property is used as a park, it is not designated as ‘park land,’ an important distinction because the latter would pose a much larger obstacle to development. Creating access to the proposed hotel ‘ either over or under the railroad tracks ‘ will be one of the main questions to be answered during CRDC’s 135-day window for devising plans for the site, said Serna, noting that the partners have become convinced that there is a need for additional hotel rooms in the city.

A market demand study for Springfield, conducted by the Boston-based Pinnacle Advisory Group, revealed as much. It said that a growing inventory of tourist attractions and completion of the MassMutual Center should increase demand to the point where greater supply is necessary.

However, the report’s authors concluded that downtown, rather than the riverfront, would be the better location for such a hotel.

“Although both areas are viable options for new hotel development, the benefits of a downtown hotel outweigh the riverfront,” the report stated. “Furthermore, a downtown location would provide more benefit to the MassMutual Center, which is strategically important to future growth in Springfield.”

Mulcahey acknowledged the report’s findings, but told BusinessWest that the Riverfront Park hotel, as currently conceptualized, could become an effective link between downtown and the riverfront and accentuate current efforts to enhance the State Street corridor. “It could become a great asset for Springfield.”

Going Through Hoops

As could a new development on the old Basketball Hall of Fame site, which became the “second race,” as Mulcahey called it, that the CRDC found itself in.

Indeed, as they were conceptualizing the hotel project, the two partners also became involved in the ongoing effort to develop the old Hall, a project being overseen by the Springfield Riverfront Development Corp. (SRDC), the real estate arm of the Hall of Fame.

The SRDC has spent the past year or so hearing and weighing proposals on the old Hall. Among them is a plan conceptualized by the Springfield Business Development Corp. that centers around a public market, similar in many ways to the Portland (Me.)Public Market, which opened in 1998 and has had a strong impact on that region’s economy.

Other proposals have included a fitness and sports complex, proposed by East Longmeadow developer Peter Pappas and a restaurant/retail mix forwarded by CRDC. That latter proposal has now been merged with the public market concept, said Mulcahey, noting that it and the Pappas complex are under what is considered final review by the SRDC.

“We took the public market project and we enhanced it,” said Mulcahey, adding that as it sits now (and few details were revealed) the plan calls for demolishing the old Hall and constructing a new building that would house the market, a restaurant, and several retail components in a facility to be built through a mix of public and private funds.

SBDC Director Michael Graney would say only that the development of the old Hall is a “process,” one that is ongoing, and with no firm timetable, although he expects a developer will be named soon.

Regardless of who that is, the CRDC will press ahead with other components of its ‘bridge-to-bridge’ proposal, said Mulcahey, noting that there are other parcels, including the jail, to be considered.

Like others, he said the jail site offers promise, but its design limits what can be done with it. “That’s a challenging building, but there are opportunities for things to happen there.”

Panagore agreed, and said there is a strong possibility that all or major portions of the building will have to be razed if development is going to occur on that site. When asked if the city, and specifically the Economic Development Department would prefer one developer for the riverfront or a group of different teams, Panagore said the most important element is the quality of the proposals, not who is making them.

“We’re looking for viable projects, that’s the bottom line,” he said. “We’ve seen enough master plans on the riverfront, we don’t need to see any more. What we need are sound, doable projects that make sense for the city.”

Channeling Resources

Whether the CRDC’s concepts fall into that category remains to be seen.

For now, the partners have a window in which to work on phase one of their initiative, while also focusing on other parcels to the south.

If their ‘bridge-to-bridge’ vision can be realized, then the days of talking about the riverfront’s great potential will finally be in the past.

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

Departments

The following Business Certificates and Trade Names were issued or renewed during the month of November 2005.

AGAWAM
B & M Construction
308 Leonard St.
Marcus Kashmanian

Body Kneads, Massage & Body Work
567 Springfield St.
Sarah Hebert

Cigar by the Box
26 North Westfield St.
John Pereg

Luis Auto Detail
119 Walnut St.
Luis Martinez

Sunny Enterprises LLC
650 Suffield St.
Muhammad N. Imtiaz

Unique Creations Embroidery
157 Elmar Dr.
Cheryl Walker

AMHERST

Amherst Martial Arts
48 North Pleasant St.
Annie Schwarz

Bekapak
172 Colonial Village
Rebecca Owens

Delta Organic Farm
352 East Hadley Road
James Pitts III

Holeshot’s Premium Tattoo
71 North Pleasant St.
Brent Cummings

KC’s Home DÈcor
16 Edgehill Pl.
Kim Chicoine

Masters
6 University Dr.
Mary O’Connell, William
Trumble

CHICOPEE

Bear Auto
49 Montville St.
Daniel Hebert

Brett’s Stump Grinding
299 Grattan St.
Brett Ray

Ladies Workout Express
29 White Birch Plaza
Aaron Patterson

N.E. Relocation Group
1847 Memorial Dr.
Eastern MA Real Estate

Ron’s Services, Heating & Refrigeration
66 Jacob St.
Ronald Surrell Sr.

Steven Hemphill CMMA
357 Burnett Road
Steven Hemphill

EAST LONGMEADOW

A.T.D. Cleaning Services
51 Dawes St.
Anthony King

Chocolate Works
33 Harkness Ave.
Erika Noble, Dominick Anzalotti

Lighthouse Liquors
199 North Main St.
Janet Collins, William Collins Jr.

Stixx-N-Stones
39 Center Square
Christopher Roberts

HADLEY

Candy Stand
367 Russell St.
Syed Ali

Doubleday Farm
185 Bay St.
Thomas Doubleday

Firehouse
322 Russell St.
Dallas Branch

Sprint
7 Maple St.
Nextel Retail Stores LLC

Tran’s World Food Market
50 Russell St.
Johnny Tran

HOLYOKE

The Black Sheep
110 Lyman St.
Nick Seamon

Harmony
173 Southampton Road
Nancy Dalessio

Hidden Hollow Floral Designs
244 Rock Valley Road
Marcia Cassidy

Kennedy & Williams Homes
440 Appleton St.
Neal Kennedy

900 Broadway Communications
108 Hitchcock St.
Davita Westbrook

Prints Plus Inc.
50 Holyoke St.
Theodore Upland III

Tempos Inc.
187 High St.
David Anable

LONGMEADOW

Animal Instincts Pet Sitting & Dog Walking
P.O. Box 60581
Jennifer L. Burgess

OG Solutions
536 Frank SmithRoad
Oleg Goffman

NORTHAMPTON

Blue Jar Software
50 Union St.
Louis Franco,
Jennifer Rippel

Cassandra’s
518 Pleasant St.
Cassandra
Holden

Clarity Data Services
36 Wilson Ave.
Graham Ridley
Dean Powers
Electric
98 Brierwood Dr.Dean Powers

Mill River Woodworks
320 Riverside
Dr. Johnathon
Aronstein

Pioneer Naturopathic Medicine
16 Armory St.Kate Kennedy

Sam’s CafÈ
22 Elm St.
Samantha Ross

Village Antique
7 Main St.
Gordon Murphy

SPRINGFIELD
A+ Property Management
253 Bay St.
Michael Ayittey

The Aged Polish Vodka Co.
69 Maplewood
Terrace
Rudy Vogel

Around the Clock Home Care
130 Fenwick St.
Linda Sheehan

BSB Express
114 Byer St.
Byron Brown

Buck’s Electronics
96 Kenyon St.
Albert Whitfield, Sr.

Clerk St. Press
181 Mazarin St.
Marcus Alston

Computer Ambulance
93-B Mill St.
Michael Smith

Dazzle Studio of Dance
605 Page Blvd.
Lisa Attanasio

Field Spring
1 Federal St.
Johnathon Brown

Glitterz Girlz Nail Salon
795 Liberty St.
Alexis Huff

I Wireless
390 Dickinson St.
Phung Minh Li

JT Graphics
1663 Wilbraham Road
Thomas and John Dill

Mary Kay
92 Mill St.
Susan Miller

New York Nails
1368 Allen St.
Nga Van Nao

Pasquale Perrotta
47 Wilcox St.
Pasquale Perrotta

Smith Fashions
34 Collins St.
Steve Smith

Trans Border Marketing
69 Maplewood Ter.
Rudy Vogel

WEST SPRINGFIELD

A to Z Moving and Storage Inc.
380 Union St.
Robert Post

Building News Service
16 Ryan Dr.
Linda Desnoyers

Denny’s Trading
1044 Piper Road
James Denny

Fini’s Auto Sales
68 Baldwin St.
RCR Enterprises Inc.

Hallies Comet
28 Van Horn St.
Christina Okeef-Giebner

KJ Woodworking
43 Skyline Dr.
Kevin Kras

Mobil Auto Repair
601 Birnie Ave.
TJS Inc.

Oem Telematics Services
1385 Riverdale St.
OnStar Corp.

The Ivanhoe
1422 Elm St.
Ronald Abdow

West Springfield Mobil
562 Westfield St.
Syed Bokhari

WESTFIELD

Adam’s Power Services
19 Family Lane
David Tremblay

Bryant’s Auto Solutions
82 Elm St.
Bryant James

Eternal Stone Works
57 South Meadow Road
Jack Kimball

Ray Davidson’s Home Improvement
45 Rogers Ave.
Raymond Davidson

Simplicity Salon
1144 Southampton St.
Jacqueline Dominquez, Janine
LaPointe

Departments

Baystate Achieves ‘Magnet’ Status

SPRINGFIELD — Baystate Medical Center and its nurses have been named a Magnet™ hospital for excellence in nursing services by the American Nurses Credentialing Center (ANCC), a subsidiary of the American Nurses Assoc., earning what less than 3% of the nation’s hospitals have achieved. Earning Magnet hospital status is among the highest of distinctions a hospital and its nurses can achieve, recognizing the caliber of its nursing staff. There are only five Magnet hospitals in Massachusetts, including Baystate, and 13 in New England and 170 nationwide. The Magnet Recognition Program® establishes standards of excellence which health care organizations must attain. Magnet designation helps consumers locate health care organizations that have a proven level of excellence in nursing care and assists hospitals in attracting and retaining quality employees.

WNEC One of ‘America’s Best Colleges’

SPRINGFIELD — U.S. News and World Report has again named Western New England College (WNEC) as one of “America’s Best Colleges.” The magazine ranked WNEC in the top tier of masterslevel universities in the North. For the purpose of its rankings, the magazine compared WNEC with 164 other schools in the North who offer a full range of undergraduate programs and some master’s level programs. This is the second year in a row that WNEC has been ranked in the top tier. In determining the rankings, U.S. News and World Report collected data on more than 1,400 schools nationwide. The magazine assesses schools on 15 separate indicators of academic quality, including academic reputation, freshman retention and graduation rates, class size, student/faculty ratios, and academic achievement among incoming freshmen. WNEC received high marks for the number and quality of its faculty, small class sizes, and per-student expenditures.

Holyoke Health Center Receives $300,000 Grant

HOLYOKE — The Blue Cross Blue Shield of Massachusetts Foundation has awarded $3 million in grants to 10 nonprofit health care organizations across the state in an effort to reduce racial and ethnic health care disparities, including $300,000 to the Holyoke Health Center. Modeling this new program on its successful diabetes and weight loss programs, the Holyoke Health Center will provide a series of interventions tailored to the psychosocial and cultural needs of Holyoke Latinos who have or are at high risk for developing cardiovascular disease. The foundation’s grants across the state will support initiatives that take a comprehensive and innovative approach to improving access and reducing barriers to health care and support services for racial and ethnic minorities. In the largest grant program yet established by the foundation, each of the grant recipients will receive $300,000 to fund one year of program planning and two years of program implementation.

Spalding’s Heavy Duty NBA Ball Truck Debuts

SPRINGFIELD — A new Spalding NBA pro grade ball truck – an indestructible unit with improved performance for NBA players and equipment managers – will debut this season on NBA courts. Spalding has outfitted the 30 NBA teams with two mammoth-sized ball carts made to withstand the rigors of the NBA arenas. Comprised of heavy duty, all metallic, square and rectangle structural tubing, sheet metal and solid rod, the new trucks were furnished to each NBA team along with 50 laser engraved NBA leather game balls (each with their respective team name). Both the truck and the NBA basketballs feature Spalding’s new logo and S icon and represent Spalding’s new “True to the Game” positioning. According to company officials, Spalding is in the development stages of creating a replica ball truck for consumers in 2006 with plans for distribution through www.NBA.com and institutional channels.

New Name for Baystate

SPRINGFIELD — In October, Baystate Health System simplified its corporate name to Baystate Health. Baystate officials stress that the name change better emphasizes the mission of improving the health of the communities it serves. The new name is also reflected in two entities of Baystate – the Baystate Medical Center Children’s Hospital is now Baystate Children’s Hospital, and BHS Ambulance is now Baystate Health Ambulance. A new logo was also part of the overall marketing strategy.

Coldwell Banker Opens New Office

EAST LONGMEADOW — Coldwell Banker Residential Brokerage recently held a reception to celebrate the opening of a new, high-tech, expansive real estate sales facility at 55 North Main St., which will continue to support East Longmeadow and Greater Springfield, Enfield, Somers and Suffield. The opening was attended by more than 100 Coldwell Banker Residential Brokerage sales associates and employees. Rick Loughlin, President of Coldwell Banker Residential Brokerage Central New England, was joined by Robert Molta, regional vice president Central New England, and additional Coldwell Banker Residential Brokerage senior executives, to welcome the sales associates to their new location. East Longmeadow resident Marilyn Ghedini is the sales manager for the new location with responsibility for more than 30 sales associates and staff.

Fran Johnson’s Marks 30th Anniversary

WEST SPRINGFIELD — Fran Johnson’s Golf & Tennis will celebrate 30 years in business from Nov. 11-13 with a community event that will include the opportunity to donate to the American Red Cross to help assist hurricane relief efforts. Highlights of the three-day event include a putting contest that will feature three age divisions, 5-7, 7-16, and adult. In addition, silent auction tables will feature a variety of items including golf equipment, golf trips, and tennis packages. Area residents are also invited to donate used golf clubs that can be refurbished for its Clubs for Kids program. The 15-year-old program refurbishes clubs and distributes them to area junior programs. For more information, visit www.franjohnsons.com.

Opinion
While there remains some disagreement about Springfield, it’s current state of health, and its prospects for the future, there is agreement on at least one thing: that this city would be in much more trouble — truly dire straits — without its leading corporate citizen: MassMutual.

Indeed, area business leaders can often be heard referencing this line of thinking — while discussing everything from local cultural treasurers to the region’s Class A office occupancy rate — and acknowledging that they’re glad they don’t have to imagine life without ‘Mother Mutual,’ as it’s called.

We raise the point because, through a combination of current events and seasonal happenings, the depth of the company’s contributions to Springfield and the surrounding region can — or should — be truly appreciated. And we take the opportunity to say that while people can be pleased and proud that they have the corporate giant in this area code, we would be wise never to take its generosity for granted.

Scan the pages of this edition of BusinessWest, or any edition, for that matter, and one can immediately grasp the importance of this Fortune 100 company to the City of Homes and the region that surrounds it. There are prominent examples of the company’s impact on the area, such as attaching its name to the new convention center that opened last month in downtown Springfield. Without that $5 million investment, the entire project might not have moved forward, and if it had, it would not have been the same facility.

There are also many smaller, but in many ways no lessimportant, examples of the company’s generosity and civic-mindedness, such as its gift of the latest display, ‘Jurassic World,’ for Bright Nights. Meanwhile, another area attraction, the Springfield Museums, received another $95,000 grant from the company for ‘Learning Together,’ a series of educational programs for Springfield public school students.

Beyond the monetary and in-kind gifts to the community, MassMutual has also had a profound impact on the region’s real estate market, repeatedly filling large vacancies in downtown Springfield office towers, while also rescuing properties such as the former Charles River Hospital building in Chicopee, which the company converted into a meeting and training center. The latest example of the company’s influence on the office market was the recent opening of its new offices in Enfield, in the former Phoenix complex.

If there is a downside to MassMutual’s generosity, it is that this region might in some ways be too dependent on it, or, worse, that it is starting to take the company’s largesse for granted.

What we would like is for other companies, and individuals as well, to be inspired by MassMutual and to follow its lead — to the greatest degree possible.

By that, we mean that companies don’t have to fund an entire new exhibit for Bright Nights. But they should recognize the importance of that attraction to both the city and the region’s efforts to expand its tourism sector — and support the project accordingly.

Likewise, they can assist institutions like the Springfield Museums, the city’s orchestra, the community’s higher education system, and unique assets like Forest Park.

MassMutual has taken a lead role in supporting each one, and has set an example worthy of emulating.

As we said, it is a combination of news items — from the first events in the MassMutual Center to the recent open house at the Enfield facilities to the Bright Nights announcement — that remind of us how fortunate Springfield is to have a corporate citizen like this. And if you think all Fortune 500 companies are like this, you need to think again.

MassMutual’s donations are almost always large in size, but they are inspired by a fairly simple mindset: that the company does business in Springfield, it takes from the region and benefits from it — and therefore it gives back.

If every business took that same attitude, maybe we would be so dependent on MassMutual — and maybe we wouldn’t spend so much time wondering, and worrying, about what life would be like without it.

Sections Supplements
Brenda Wishart

Brenda Wishart says Bay Path·s expanded Entrepereneurship and Innovative Thinking program will broaden the school’s audience.

Brenda Wishart says the E-mail responses started coming in only a few hours after the invitations to Bay Path College’s Innovative Thinking & Entrepreneurship Summit went out.

She soon became intrigued not only with the quantity of RSVPs, but the diversity as well.

“We started hearing from students and professors here, as well as from several area organizations,” said Wishart, director of the Entrepreneurship Program at Bay Path. “But we also heard back from a number of area small business owners, and this was something new.”

And it was also one of the primary motivations behind Bay Path’s initiative to
expand its Innovative Thinking and Entrepreneurship lecture series, launched
two years ago, into what organizers are now calling a “summit.”

The free, evening program, set for Nov. 14, will feature a number of speakers and panel discussions designed to help those thinking about starting a business to take the first step — and those already doing business to take the next step, said Wishart.

The summit is just one of many entrepreneurship- related ventures that will be funded by a $143,000, three-year Coleman Foundation grant received this past summer.Other programs to be supported by the grant include everything from a cooperative education initiative to a summer program in entrepreneurship for area high school girls.

Wishart said the Nov. 14 summit will be a combination information exchange, networking opportunity, and business resource program, and it was conceived as part of a broad effort on the part of Bay Path administrators to broaden the school’s focus on entrepreneurship and innovation.

Wishart borrowed from both of those words to create a term — entrevation — that she uses to describe a course she teaches within Bay Path’s business program each spring. But that same characterization can be applied to the summit, she said, which was created, much like the class, to help inspire potential entrepreneurs — but also to assist those who have already chosen that
path, individuals who started with an idea and a rough idea of where they wanted to go with it.

People like Nadja Piatka.
The summit’s keynote speaker, Piatka was an unemployed, single mother who took a passion and talent for baking — and a $100 investment — and founded a venture called Three Blondes and Brownie. That venture grew and eventually took the name Najda Foods Inc., a multi-million venture that supplies what are known as ‘healthy muffins’ to McDonald’s Restaurants of Canada and ‘healthy brownies’ to Subway restaurants throughout Canada and 27 U.S. states.

“Her story offers some inspiration and some important lessons for everyone,” said Wishart.

BusinessWest looks this issue at the Bay Path summit, and also at the school’s wider efforts to foster entrepreneurial thinking in the Valley.

Peaking Their Interest

The titles given to the various breakout sessions scheduled at the summit speak to the event’s mission: Accessing Capital to Finance New and Growth Ventures;Integrating Branding and a Customer-centric Sales Culture; Launch — There’s Help at Every Step of the Way; and Attracting and Retaining Stellar Employees.

The sessions address the many challenges facing small business owners today, said Wishart, including the need to seek help when it’s appropriate and knowing where to go to get it.

Providing a forum where such questions can be asked and answered was one of the many goals set by Bay Path administrators as they set about the task of expanding their focus on entrepreneurship and innovative thinking and community involvement in that realm.

The college created its entrepreneurship program in 2001 to provide broad, experiential learning opportunities for students aspiring to become entrepreneurs and innovators.

Early components of the program included curriculum, in the form of three courses related to entrepreneurship; Innovations in Business, Entrepreneurship, and Wishart’s Entrevation, and also an Innovator’s Roundtable, comprised of area CEOs and business owners. They provide advice and expertise regarding the skills required of students interested in starting their own business or in entering the job market.

In 2003, with the help of an elevator grant from the Coleman Foundation, the
school launched its lecture series with an address from now former MassMutual
Chairman and CEO Robert O’Connell. The program continued last year with an inspiration address from New England Patriots owner Robert Kraft, and will continue on Nov. 15 with an address from Yankee Candle President and CEO Craig Rydin.

The lecture series attracted a number of students and faculty at Bay Path, said
Wishart, as well as area economic development leaders, business executives, and representatives of area business-development agencies ranging from local chambers of commerce to the Mass. Small Business Development Center Network.

The school wanted to broaden the audience to include area small business owners, and conceived a program around their many needs and challenges. The end product is the inaugural summit, she said, adding that college plans to continue the event for at least the next three years.

Other programs to be funded by the Coleman Foundation grant include:

• A cooperative education program, in which students will be placed in area small businesses, where they will gain hands-on experience in an environment that will allow them to fully explore what is required to be an entrepreneur;

• Expanded business partnerships beyond the summit, including an expansion
of the Innivators’ Roundtable;

• Student development and networking, a program that would provide additional opportunities outside the classroom for students to develop their interest in business ownership; and

• A summer program in entrepreneurship for high school girls that would act as a bridge between area youth entrepreneurship programs and the initiatives at Bay Path.

Summit attendees will have the opportunity to attend two of four scheduled breakout sessions, said Wishart, adding that each offers information and insight that people can take back to their businesses the next morning.

‘Accessing Capital to Finance New and Growth Ventures’ addresses one of the most challenging — and intimidating — aspects of putting an idea or business in motion, said Wishart. The session will provide navigational
advice from Maria Goncalves, senior vice president of TD Banknorth; Richard
Steele, managing member of Longmeadow Capital, a venture capital firm; Marjorie Feldman, owner and president of Al’s Beverage Company, a soft drink concentrate distributor; and Daniel Roulier, founder and president of Roulier Associates, a real estate development company.

Lori Klimach, senior vice president of the Wholesale Division at Yankee Candle, will lead the discussion titled ‘Integrating Branding and a Customer-centric Sales Culture.’ The program will focus on the critical mission of establishing a brand identity at both an organization and a product/service level.

Donna Mullen Good, CEO of the Center for Women & Enterprise (CWE) will lead the session titled ‘There’s Help at Every Step of the Way.’ Her non-profit company has helped more than 10,000 entrepreneurs (of both genders) start and grow their businesses, and provides education, training, technical assistance, legal advice, and access to debt and equity capital at each stage of business development.

Team-building will be the focus of discussion at the fourth of the break-out sessions, ‘Attracting and Retaining Stellar Employees.’ It will feature Marc Criscitelli, vice president of Employee Benefits for the insurance agency Field, Eddy & Bulkley, John Mayhbury, owner and president of Maybury Material
Handling, and Dave Rattner, owner and president of Dave’s Soda and Pet Food City.

Together, they will address subjects to include motivational tips, special incentives, and competitive benefits that are cost-effective and rewarding to employees and employers alike.

View from the Top

Wishart is expecting at least 200 attendees for the summit, and perhaps as many as 350 — she was still amassing RSVPs at press time.

While she doesn’t know the final tally, she does know the event will further the
school’s mission to expand its entrepreneurship and innovative thinking programs, and thus help create and grow more of the small businesses that drive the local economy.

To register for the summit, or for more information, call (413) 565-1229, or visitwww.baypath.eduand select ‘entrepreneurship summit.’

Uncategorized
Personal information is not the only target for identity thieves. Criminals are targeting large and small businesses as well. Any person or entity that has a name and a tax number is at risk of becoming a victim of fraud and identity theft.

Identity thieves target businesses because the financial reward appears greater. A corporation with good credit and large assets can provide a thief with hundreds of thousands of dollars in products or services.

Business identity theft can result from the same low-tech means of obtaining information as individual identity theft. It can also be accomplished through diligent searches of corporate filings, patent filings, and other public information. Business identity thieves usually work with accomplices. These thieves are diligent, taking the time to create the illusion of authority on the part of their targeted victims.

The range of theft varies depending on the business targeted, from document theft, counterfeiting, impersonation, forgery, and theft. These acts can result in changes to the corporate structure including the principals, the company address, the corporate minutes, real estate holdings and asset transfers.

Document theft can be a big source of information. It comes in two types, corporate espionage and identity theft. Corporate espionage doesn’t need James Bond anymore. It can be accomplished by going through a company’s trash. High-tech methods are also used to obtain information as well as create false documents, corporate ID’s, or bank documents.

Business thieves can pose as legitimate representatives from your business to make large purchases or obtain credit. This could include new computers, office equipment, and corporate credit cards. Thieves establish credit with the vendors, place their orders, and have the merchandise delivered to a new location. Never having been paid for the merchandise, the vendors will eventually come to you for payment.

Companies have discovered unauthorized product purchases, unauthorized agreements to connect or disconnect services, unauthorized real estate transactions such as selling the company-owned real estate, and the unauthorized use of private client or employee information.

This could also mean that an imposter has changed your company’s current information on your accounts to redirect correspondence directly to the thieves. By doing this, the thieves establish a relationship with the vendors, and the vendors are less likely to take notice of any red flags as others proceed with their schemes to defraud your company.

Unexpected calls could be your first alert that something huge is brewing. Don’t ignore the underlying issue. Find out who authorized the change in service and the reason for the change request. The reason for given to the utility service could be the underlying target of fraud. One of the most common reasons for a change in utility service by an established company is due to the pending sale of property. This could be your wake up call to investigate deeper.

Here are some other red flags to alert you of potential problems:

• Invoices for unfamiliar goods or services;
• Unexplained or unauthorized charges on business credit cards;
• Unexpected notice from a collection agency about an unfamiliar debt;
• Unusual telephone charges;
• Unexpected or unexplained change of your address;
• Unexpected calls from new vendors;
• Unexpected calls from utility services; and
• An unexpected decrease in the number of calls you usually receive from your usual vendors or bank.

If you suspect your company is a victim of business identity theft you should obtain as much information as possible from the source of the suspected transaction. Get names, dates, phone numbers, whatever information you can as to who authorized the fraudulent activities. Make sure you keep a log containing the name and phone number contacts you talk with.

Just as in personal identity theft cases, a police report is an important first step. A police report will help to re-establish your good business name and credit with the companies defrauded by the criminals. The more information you can obtain form the source of the unauthorized activity the more complete the police report will be. Make sure the police take the time to make a full report of your incident.

Prompt action on your part can help limit the negative affects of identity theft. In the event you, an employee or your business becomes a victim follow the checklist below.

  • Contact the credit bureaus. For business identity theft contact Experian PO Box 2104 Allen, TX 75013 www.experian.com and Dun & Bradstreet 103 JFK Parkway, Short Hills, NJ 07078www.dnb.com
  • For personal identity theft contact the three major credit agencies. Equifax 1-800-685-1111www.econsumer.equifax.com, Experian 1-888-397-3742 www.experian.com and TransUnion 1-800-888-4213www.transunion.com
  • File a police report and contact the Federal Trade Commission. 877-IDTHEFT (438-4338);
  • Contact your creditors. All credit card companies, mortgage companies or banks. Any company where you have loans, credit cards or lines of credit. This includes vendors;
  • Stop payment on any stolen checks and close unauthorized or compromised accounts;
  • Contact your state’s public utilities commission and remove fraudulent cell phone charges. Federal Communications Commission 888-CALL-FCC (225-5322);
  • Report stolen Social Security numbers to the Social Security Administration 800-772-1213;
  • Notify your local department of motor vehicles (DMV) to make sure someone doesn’t attempt to get a driver’s license or register a car using your identity or your business identity.
  • Obtain copies of corporate filings from the Secretary of State where your business is registered. Look for any new filings or amendments which may contain information which could lead to the discovery of the criminals involved.

Business identity theft is a growing crime. It may be more prevalent than we think. No business wants the public to know their information has been compromised. Loss of time and money to recover, loss of integrity and client trust could all be side effects of being a victim of business identity theft.

Cindy Schroeter Graham is an author, speaker and expert on identity theft prevention, providing secure information handling evaluations and implementations to businesses nationwide. Her book, “Who Else is You?” outlines strategies on reducing the risk of becoming an identity theft victim;www.whoelseisyou.com.

Sections Supplements
RFQ Issued for Ambitious Project at Former Belchertown State School
Plans to convert the sprawling former Belchertown State School complex into a health and wellness center entered a new phase late last month, with the issuance of an RFQ, or request for statements of interest and qualifications, for the closely watched economic development initiative.

The RFQ, issued Sept. 27 by the Belchertown Economic Development and Industrial Corp. (BEDIC) and the Maryland-based Hunter Interests Inc., was distributed to approximately 400 prospective development companies across the country. It was issued to gauge interest within the development community for a project that will convert the long-abandoned property into a tourist attraction and jobs center.

While the specifics of the project will be shaped by the response from developers, plans for the site currently center around the Cold Spring Resort Hotel and Spa that would be built on a portion of a 100-acre section of the 400-acre Belchertown State School site. The hotel and spa would have a health and wellness theme and, hopefully, serve to unite many development elements of the overall project.

Some of these elements would involve new construction, while some might involve renovation of some of the 24 buildings that make up the complex, which, at its peak served more than 1,000 developmentally disabled children and adults.

The RFQ is the first step in a two-phase developer-solicitation process, said Ernest Bleinberger, senior vice president and chief operating officer for Hunter Interests, a real estate economics and financial consulting firm. The RFQ responses will be due Nov. 8, he explained, adding that the next step will be the issuance of a more-detailed request for proposals, or RFP, a step expected to occur in mid-November.

“This is basically a mixed-use project with a combination of hotel, office, retail, and other unique elements resulting from both an adaptive reuse approach and new construction on portions of the 100+ acres that are part of the master plan and development Strategy adopted by the BEDIC in August,” said Bleinberger. “The objective is to attract a development team that has both the capability to take on the overall project, which includes historic preservation and other challenges, as well as the all-important hotel development and operating piece.

“Tourism and other elements of market support are strong, not only for the hotel and spa, but for many uses that will serve the local and sub-regional population,” he continued. “We have had many verbal expressions of interest from small businesses and health professionals wishing to have a presence within this campus environment that is being created. There will be many amenities for locals, as well as for visitors from outside the area.”

During the month of October, Hunter and the BEDIC will be talking with prospective developers, coordinating site visits, providing additional background information as requested, and otherwise working to ensure a strong response to the RFQ, said Bleinberger. “In a project such as this, we would hope for perhaps a dozen qualified development companies to step forward. From there it’s a horse race to see which one is most competitive and the best fit for Belchertown.”

The health and wellness complex is the latest proposal forwarded for the complex, which closed in the early 1990s. Earlier concepts included a prison and a mix of retail and housing components.

The RFQ and future RFP will soon be available on www.Belchertown.org, the official Web site for the town of Belchertown.

Departments

Stephen M. Quink has returned to the Lending Department of North Brookfield Savings Bank as Vice President/Lending.

•••••

Ernestine “Tini” Sawicki, a broker and owner of Realty World Sawicki in Amherst, has been named recipient of the Mass. Association of Realtors® (MAR) Milton H. Shaw Distinguished Service Award for 2005. The award is presented annually to one Realtor® member or staff executive who has demonstrated leadership abilities and volunteered countless hours of personal time to serve on state association committees and participate in MAR activities.

•••••

The Bank of Western Massachusetts in Springfield announced the following:
• Tracy L. Fleming has been promoted to Business Services Officer, with responsibility for the development of new business services accounts, including payroll, merchant processing and cash management and the servicing of existing accounts.
• William A. Fontes has been promoted to Senior Vice President/Commercial Loan Officer, with responsibility for administering an existing portfolio of commercial loan accounts as well as acquiring new business in Hampshire County.
• Gail A. Goraj has been promoted to Business Services Officer, with responsibility for the development of new business service accounts, including payroll, merchant processing and cash management and the servicing of existing accounts, and
• Antonios D. Liberopoulos has been promoted to Senior Vice President/Commercial Loan Officer, with responsibility for administering an existing portfolio of commercial loan accounts as well as acquiring new business in Hampden County.

•••••

Nathan Winstanley, founder and president of Winstanley Associates in Lenox, was the guest speaker at the Western Mass. Ad Club’s Sept. 28 luncheon. Winstanley is also president and founder of Lenox SoftWorks, a software development company.

•••••

Gary E. Rosentreter, Ed.D., has been appointed Executive Director, Connecticut Quality Council (CQC), located at Rensselaer’s Hartford (Conn.) campus. CQC is associated with Rensselaer’s Centers for Professional Development.

•••••

Moriarty & Primack, P.C., Certified Public Accountants, in Springfield announced the following:
• Melissa English has been promoted to Senior Associate, and
• Stacey St. Pierre has been promoted to Senior Associate.

•••••

Attorney Dorothy Varon of Robinson Donovan, P.C., with offices in Springfield and Northampton, has been selected by the Massachusetts Lawyers Weekly as an “Up and Coming Lawyer.” She joined the law firm in 2002 and concentrates her practice in the areas of federal litigation, civil rights, health insurance law, publishing law and civil litigation.

•••••

 

Jeremy Redmond has recently joined Innovative Business Systems, Inc. in Easthampton. Redmond holds CompTIA A+, Network+, and Security+ certifications, as well as being a Microsoft Certified Professional, Systems Administrator, and Systems Engineer (MCP, MCSA and MCSE).

•••••

Bobbi Pitkin has joined Coldwell Banker Residential Brokerage of New England as a Realtor in the Longmeadow office.

•••••

Jill T. Lyons has been appointed an Associate at Morrison Mahoney in Springfield. She will concentrate her practice in health law and defense of medical malpractice claims.

•••••

Matthew McDonough, formerly of Holyoke, has joined Yale-New Haven Health System as Administrative Fellow for the 2005-2006 program year.

•••••

Richard T. O’Connor has been named Legal Counsel at Holyoke Medical Center.

•••••

Karen E. Eaton has joined Martinelli, Discenza & Hannifan in Longmeadow as an Associate. She will practice in estate planning, real estate development and finance law, municipal law, and general business practice, securities law, and investment management law.

•••••

Jacqueline McNinch has joined the Massachusetts Housing Finance Agency’s Home Ownership Business Development Group as a regional Business Development Officer for Western Massachusetts.

•••••

Jane E. Fountain has joined the faculty of the UMass Amherst in its Center for Public Policy and Administration and the Department of Political Science.

•••••

Christopher Camerlin has been appointed Manager of William Raveis Real Estate and Home Services in East Longmeadow.

••••••••••

Banana Publishing Inc. of Springfield announced the following:
• Christine Cox has been named Art Director;
• Bruce Beard has been named Sales Manager;
• Samuel O’Connor has been named to the Sales Team;
• Ronny Sinn has been named to the Sales Team;
• Mark Villano has been named to the Sales Team;
• Sarah Clark has been named Office Manager, and
• Donna Fein has been named Sales Representative.

Sections Supplements
Ruling Blurs the Line Between Public Use and Private Economic Development
In June of this year, the U.S. Supreme Court, in a 5-4 ruling, granted cities and towns the right to take private property to promote private economic development projects even though the Constitution prohibits the government from taking private property except for a ‘public use.’

The ruling, derived from Kelo v. New London, a land-use law case argued before the court on Feb. 22, 2005, ended a bitter, intently watched confrontation between homeowners and the City of New London, Conn. The case arose from New London’s use of eminent domain to condemn privately owned real property so that it could be used for economic development.

A private entity acting as the city’s legally appointed agent, the New London Development Corporation (NLDC), created a development plan that included the construction of a resort hotel and conference center, a new state park, 80-100 new residences, and various research, office, and retail space. In 2000, the city of New London approved the plan and authorized the corporation to acquire the land in the Fort Trumbull neighborhood.

The owners of approximately 100 of the subject lots agreed to sell to the corporation at a negotiated price. However, 15 owners did not agree, and the city ordered the development corporation to condemn the 15 holdout owners’ lots.

The last clause of the Fifth Amendment to the United States Constitution, known as the Taking Clause, states “nor shall private property be taken for public use, without just compensation.” The owners sued the city in Connecticut courts, arguing that the city had misused its eminent domain power, therefore violating the public use requirement of the Takings Clause of the Fifth Amendment.

However, the Supreme Court disagreed. The court, led by Justice John Paul Stevens who wrote the opinion, concluded that the government can legitimately use eminent domain if it believes it will “provide appreciable benefits to the community, including but by no means limited to new jobs and increased tax revenue.” Furthermore, the court reiterated its policy of deference to local municipalities in determining what public needs left the use of the takings power. As such, the NLDC’s conclusion that the 90-acre redevelopment area was sufficiently distressed to left a program of economic rejuvenation was entitled to deference by the court. Moreover, Justice Stephens cited cases in which the court has interpreted ‘public use’ to include not only such traditional projects as bridges and highways but also slum clearance and land redistribution.

Justice Stevens’s opinion provoked a sharply written dissent from Justice Sandra Day O’Connor, who wrote that the decision will “wash out” any distinction between public and private uses of property, leaving homeowners vulnerable to the whims of unelected planning agencies. Furthermore, Justice O’Connor contended that the “specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

The decision also elicited strong opinions from those in academia. For example, Richard Epstein, Professor of Law, University of Chicago, wrote that “[t]he ‘public use’ test is so broad that no major government initiative fails to meet it, for every large-scale project could be justified in the name of ‘economic development’ even if the plan is a dead loser from the moment of conception.”

The backlash against the Supreme Court ruling has bolstered landowners and politicians to fight the seizures. According to a lawyer at the Institute for Justice, “It is finally dawning on homeowners and small businesses that ‘this could happen to me.’” A Quinnipiac University poll shows just how much the eminent-domain issue resonates. By an 11-to-1 margin, those surveyed said they opposed the taking of private property for private uses, even if it is for the public economic good.

Justice Stephens declared in his opinion that states may use their own constitutions and laws to limit eminent domain powers. In the six weeks after the Supreme Court’s ruling in the Kelo v. New London case, bills have been introduced in Congress and in more than half of the state legislatures that would restrict, to varying degrees, the use of eminent domain for private development.

In Massachusetts, a bipartisan group of state lawmakers led by State Rep. Bradley Jones, (R-North Reading), has filed a petition, a bill, and a proposed state constitutional amendment designed to limit the power of cities and towns to take private property by eminent domain. The bill would bar cities and towns from seizing private property solely for economic development except in cases where the property is “a substandard, decadent, or blighted open area” under state law.

Massachusetts has a history of unpopular and economically flawed takings. Two
famous examples are the eradication of four townships nearly a century ago to
construct the Quabbin reservoir in central Massachusetts, and the bulldozing of
Boston’s West End in the 1960s in the name of urban renewal. Both are now routinely lamented.

Local leaders and agencies such as the Boston Redevelopment Authority, who
fear that restricting the power of eminent domain will hamper their efforts to rejuvenate rundown neighborhoods by providing new jobs and increasing tax revenues, will likely provide strong resistance to the proposed bill.

These leaders and agencies will argue that the current legislative standards are sufficient and in recent years Massachusetts courts have held local officials to a relatively high standard of what constitutes the public good. They will cite a 2000 Superior Court decision barring Springfield from taking private land to build a minor league ballpark as an example of the impartiality and effectiveness of the current legislation.

In conclusion, courts have long struggled to determine what is a constitutionally permissible justification for taking property. Some argue that the Kelo decision is a landmark decision greatly expanding the government’s power to take private property
while others view the decision as not much of a change, as it has long been recognized that the government has broad powers to order the sale of property.

However, it can be definitively stated that businesses that hope to benefit from
an eminent domain taking can expect organized resistance and negative publicity
despite the intentions of the proponent.

Todd C. Ratner is a real estate and business attorney with the law firm of Bacon & Wilson, P.C., who specializes in business, transactional, commercial and
residential real estate law; (413) 781-0560;[email protected].

Sections Supplements
Tortus Technologies Helps the Engines of Business Run Smoothly
The Right Mechanic

The Right Mechanic

A sharp-looking Web site won’t generate much business if a company’s message is muddled and it doesn’t generate Internet traffic. As e-commerce continues to grow, West Springfield-based Tortus Technologies is helping businesses navigate such whitewater and increase their revenues.

Harry Moore has a simple question for computer users: when you’re looking for information on a business, do you still open the yellow pages? Or is it more natural to search on Google?

“People don’t use the phone book anymore; if it’s not on the Web, it’s not worth looking up,” said Moore, president of Tortus Technologies in West Springfield. “That trend has hit critical mass with all generations and all groups. The question, then, is how to take this technology and make it work for businesses. That’s what we do.”

Since launching as a Web-development house with three employees in 1996, Tortus has grown exponentially as a technology and business planning resource for companies of all sizes, with 18 employees serving more than 350 current clients. Further growth is expected, Moore said, because of what makes Tortus unique in the Web services field – its business acumen.

“Our clients have a significant advantage with us because of what we can do for them outside of Web site development,” he said. “We’re business people, as well as big users of technology. Most people in this field are simply technologists trying to work with businesses.”

Art and Science

That dual focus has spawned some success stories as eye-catching as the two-headed tortoise that graces the company’s logo. The name Tortus means “twisted” in what Moore calls “bad Latin,” but the meaning behind the logo is a bit clearer.

“The heads are art and science, and you have to blend both to make it work,” Moore said, referring to the Internet. “That starts with a company’s Web site.

“The Internet isn’t just a business tool; it’s the primary business tool, and people are beginning to understand that,” said Larri Cochran, Tortus’s director of Business Development. “It’s not just about a big Web site that looks pretty. You also have to be found on the search engines. You have to draw traffic to your site.”

To that end, Tortus not only designs, programs and hosts Web sites for companies, it optimizes them to register highly on search engines. Tortus also offers a content-management system that allows clients to update their own sites with an easy-to-use toolbar, without having to learn technical code.

“It allows clients to keep their sites timely, and it keeps costs down,” Cochran said. “Sometimes the information just can’t wait.”

Gerard Gualberto, Tortus’ lead programmer, said some customers are surprised at how easy the system is to use. “They say, ‘you mean I can change my Web site at 2 in the morning?’ Well, yeah, you can.”

Putting such tools in the hands of business people who don’t consider themselves tech-savvy is crucial, Cochran said, because Web sites, with their round-the-clock exposure (unlike TV or radio ads), are becoming the foundation of business marketing. “It’s an education for some companies,” she said. “They think they need a Web master to manage their sites, but they don’t.”

That’s not the only education Tortus offers to its clients, however, Moore said. Bi-weekly seminars help customers learn to use the tools Tortus provides. “We train people in what we do,” he said.

That guidance goes beyond simple Web skills. Tortus also helps companies develop complete business plans that will help them grow at the pace that their finances, human resources and technology level will allow.

“The Internet isn’t just a business tool; it’s the primary business tool, and people are beginning to understand that.”

Rent.com is a good example. When Tortus began working with the online real estate company in 2001, it had no workable model. “We refocused them and turned them around,” Moore said. Recently, eBay, the leading Internet auction site, bought rent.com for $415 million. “That’s a big deal,” he said.

There are plenty of local success stories as well. When Flag Fables, a Springfield company, first partnered with Tortus, it was considering expansion of its its physical retail space. Instead, it bolstered its Internet presence, and now the majority of its sales are conducted online.

“They knew nothing about the Internet, and now they’re managing their own Web site and catalog online,” said Cochran. “Our people understand business; we really work as a team – no one person has all the answers. And our clients like that we really focus on education as part of our relationships.”

Moore said 80% of Tortus’s business lies in fixing other people’s problems. “We feel like a car repair place sometimes. People come in with baggage from bad experiences. But they learn that you can’t just throw a Web site up and see what happens. You need a business model.

“And when your car is serviced right,” he added, “it’s because your mechanic just gets what’s wrong.”

A Faulty Instrument

Say you attend a symphony concert, Moore said, and the third violin sounds noticeably squeaky. Attendees are likely to say that the concert was terrible – even though the problem lay in only one instrument.

That poorly tuned instrument can be anything when it comes to Web marketing, but as often as not, the problem lies in exposure. The most well-designed site on the Web won’t help a business grow if no one looks at it. That’s why Tortus helps clients optimize their sites to show up prominently on search engines such as Yahoo! and Google.

“People who are serious about the Web come to us,” Moore said. “If you really want to be a player, we can get you up and running, get you the look and feel you want, and generate traffic.”

“You can’t build a Web site and not have it found on the search engines,” Cochran stressed. And that will be even more crucial as the Web becomes a more commerce-friendly place and Internet users become more sophisticated, she added.
“It seems to be happening all at once, but people are actively looking to the Web for business solutions,” Moore said. “It’s becoming much more intuitive and easy to use.”

Other economic trends support the growth of Internet commerce. Dana Soucier, Tortus’s director of operations, suggested that soaring gas prices are likely to turn even more people away from traditional retail outlets like malls, and toward Web shopping.

“A Web site doesn’t replace a traditional business model; it’s an enhancement that allows them to operate faster and better,” Cochran said. “Companies want to make it easy to do business with their clients, just as we’re making it easy for them to business with us.”

That claim is reflected in the growth of Tortus’s client list, which is dominated by long-term customers, and in the company’s aggressive growth goals for the coming year – which include adding seven more employees and doubling sales. “Our goal is to increase our revenue while providing great services to our clients,” Moore said. “We don’t just build web sites; we build businesses, and that’s our uniqueness.”
“If a client is successful,” Cochran said, “we’re successful.”

Plugged In

Gualberto said there isn’t time for Tortus to rest on its laurels, not when the ways information is exchanged constantly change.

“Our goal is to be good not just for this area, but when compared with companies nationally and internationally,” he said. “But it’s like being a physician – you have to keep constantly re-educating yourself. If you lay off it for six months, it shows.”
And despite the shifting technology and the growing sophistication of Web design and e-commerce, it still comes down to how businesses connect with their customers, Moore said. After all, a great Web site design won’t obscure a poorly delivered pitch.

“There are two doors you have to open,” he said. “One is to get on the first page of
Google search results. Then, what’s your message?” It had better be solid, Moore explained, because the average computer user searching for a product or service will look at a site for four seconds, on average, before deciding whether to keep reading or head back to Google.

“If you’re on that first page, great, but what are you going to tell people?” he asked.
Once the message is clear, Tortus Technologies can help find the audience
– and that’s a marketing concept that has never changed with the times.