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“Herb” Philipson’s to add two new stores this summer
ROME — “Herb” Philipson’s, a Rome–based retailer that brands itself as “Outfitters for the Great Outdoors,” is opening two new stores this summer — expanding the chain from eight to 10. The DeWitt store, to be located at 3179 Erie Blvd. E. in the DeWitt Town Center (the former Hechinger Plaza), has a projected […]
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ROME — “Herb” Philipson’s, a Rome–based retailer that brands itself as “Outfitters for the Great Outdoors,” is opening two new stores this summer — expanding the chain from eight to 10.
The DeWitt store, to be located at 3179 Erie Blvd. E. in the DeWitt Town Center (the former Hechinger Plaza), has a projected footprint of about 34,000 square feet. The store is scheduled for a June opening. Gary L. Philipson, president, negotiated a 5-year lease (and a 5-year extension) with Grazzi Zazzara, president of the Icon Companies, which owns the property.
The second Herb Philipson’s store is scheduled to open in September in a plaza in Oswego. The lease was negotiated with Red Stone Investments and brokered by the Pyramid Companies. Red Stone specializes in development, commercial brokerage, and distressed debt with 75 properties encompassing 4.5 million square feet located in 15 states. Philipson’s Oswego venue is 35,000 square feet.
“Both sites serve a stable population and are located in well-trafficked areas,” says Philipson. “We had been looking at opportunities for some time, but needed to find the right location at an affordable price. The stores should be a good fit for the area residents who appreciate brand names at a reasonable price.”
Philipson’s father Herb opened his first store in Rome 1951. Herb Philipson’s Army & Navy Store, Inc. catered to hunters, anglers, and campers. Philipson opened a second store in Oneida 1970, a third in New Hartford in 1981, and a fourth in Herkimer in 1987. Further growth continued with the opening of stores in Watertown, Liverpool, Syracuse, Newark, and now DeWitt and Oswego. Philipson uses a Goldilocks approach to determining the size of each store: “The size is not too big, not too small; it’s just right.”
From its original 800-square-foot location in downtown Rome, the company now owns or leases more than 420,000 square feet, including a new 100,000-square-foot distribution center in Sherrill. When the two new Herb Phillipson’s stores open, total employment should approach 200 full-time employees. The Business Journalestimates annual revenue at $35 million. The corporate stock and real estate are owned by the Philipson family.
“Retail is a very competitive business,” says Philipson. “We not only compete with the traditional big-box stores like Walmart, Dick’s, Gander Mt., Bass Pro, and Kohl’s, but we also compete with growing online sales. My dad’s approach was to carve out a niche of selling brand names at low, discounted prices. One way to grow the company was to expand our customer base beyond outdoorsmen to include men’s and ladies’ casual wear, work wear, active wear, footwear, and sporting goods. While offering a wider selection to our customers, we still follow the original concept of selecting brand names such as Under Armour, The North Face, Columbia, Timberland, Carolina Boots, and Levi’s. The challenge is to know your markets well and the right price points. There is no substitute for being on the floor listening to customers. In that sense, we still run a mom-and-pop operation.
“Other challenges to competing are to create a critical mass so we can buy in volume with discounted pricing: You can’t do that as a small operator,” opines Philipson. “Then there is the need to create ‘multiple revenue streams’ by expanding the chain to blunt the impact of one or two major businesses in an area closing down or laying off a large number of employees. In small towns, it can be devastating when major employers downsize or close.”
Philipson ascribes much of the company’s success to his staff. “We rely on long-time employees who understand the importance of attracting and retaining customers by being knowledgeable about the products. Add to this the ability to choose staff who are people-friendly and glad to help customers without any high-pressure. The attitude [to be knowledgeable and helpful] starts with the leadership team: Dave Sawdy, senior vice president; Mike Palmer, CFO; Guy Viti, vice president of operations and merchandise; and Sandy Kelsey, vice president of human resources.” Herb Phillipson’s also relies on local partners to ensure its financial success: NBT for banking; Fitzgerald, DePietro & Wojnas CPAs, P.C. of Utica for accounting; and Saunders Kahler, LLP of Utica for legal work.
While most retailers stress the phrase “location, location, location,” Philipson adds his own quip: “… promotion, promotion, promotion. To be successful, we use a broad spectrum of advertising [channels] to reach our audience. We still depend on newspapers, radio, and TV as well as in-store promotions and area trade shows to spread the message. But we have also focused on redeveloping our website to sell gift cards online and to drive traffic to the stores. In addition, we utilize social media, such as Twitter and Facebook. Our Facebook account has more than 6,000 followers, [up nearly 100 percent since just last summer.] We promote our Price-Fighter Club loyalty program, which now has more than 50,000 registered members. Under discussion is creating mobile apps and being able to buy product online.”
Another challenge for the growing retail chain is the region’s sluggish economy. “Central New York and the Mohawk Valley are tough markets without a lot of growth,” stresses Philipson, “but we are still bullish. Herb Phillipson’s is looking forward to seeing [economic] growth driven by nanotechnology, unmanned-aerial systems, and cybersecurity. We’re hopeful these and other developments will positively impact the area’s economy.”
Philipson, 58, a New Hartford native, joined the family business in 1980, shortly after receiving his bachelor’s degree in history from Union College. He became the company’s president in 2001. He and his wife Lisa, who is a community-education coordinator at Mohawk Valley Community College, live in New Hartford. The couple has three children.
Leadership style
Philipson describes his decision-making process to that of a tortoise. “My style is to spend a lot of time looking at opportunities to expand [the chain] and then to spend a lot of time evaluating the potential. I guess I am like a tortoise in that respect,” Philipson says reflectively. “I certainly have no ambition to be another Walmart, but there are opportunities to grow in the [brand-value, low-cost] niche where we feel comfortable. It just has to be the right fit.”
There seems little doubt that Philipson is focused longer-term on future growth. Herb Phillipson’s took 52 years to create a four-store chain; it took just a dozen years to open another six. The pattern of growth reflects an acceleration. The expansion into DeWitt and Oswego followed the move within the last year from a 10,000-square-foot distribution center to a 100,000-square-foot replacement. Philipson is also aware that expanding beyond 12 stores requires additional management controls, something he is already considering.
In the short term, however, the company president says he is focusing on opening two new stores and integrating them into his growing chain. Still, no one should be surprised by a future announcement that Herb Philipson’s is opening more stores. “We may be a small player,” acknowledges Philipson,” but we know how to compete with the big-box stores. Famous brands at low, price-fighter prices is still a winning formula.”
Army Secretary McHugh talks Fort Drum in Syracuse visit
SYRACUSE — The U.S. Department of Defense “this summer” should make a decision about cuts to U.S. Army bases that could include Fort Drum, home to the 10th Mountain Division. Secretary of the Army John McHugh on May 21 made the comment while speaking with reporters at the Maxwell School of Citizenship and Public
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SYRACUSE — The U.S. Department of Defense “this summer” should make a decision about cuts to U.S. Army bases that could include Fort Drum, home to the 10th Mountain Division.
Secretary of the Army John McHugh on May 21 made the comment while speaking with reporters at the Maxwell School of Citizenship and Public Affairs at Syracuse University.
“We’re finishing that analysis right now,” said McHugh.
Supporters of Fort Drum are keeping a close eye on that process, concerned how any cuts might affect the North Country Army base.
McHugh admits he has a “particular soft spot in my heart” for Fort Drum, even in his role as Secretary of the Army.
McHugh previously represented the Watertown area and Fort Drum in the U.S. House of Representatives, as a Republican.
He also said the decision is “difficult wherever the cut comes from.”
“But I hate to see our force structure have to come out of any post, camp, or station, but that’s the reality of budgets and it’s really the only path available to us,” said McHugh.
Congress in 2011 passed a law saying that if lawmakers and the president couldn’t agree on a plan to reduce the nation’s deficit by $4 trillion, about $1 trillion in automatic, arbitrary, and across-the-board budget cuts would start to take effect in 2013, according to whitehouse.gov, the website of the White House.
The law is known as the Budget Control Act of 2011. The cut process is also referred to as the sequester or sequestration.
As a part of the Budget Control Act, the Army has been reducing the active-duty fighting force from its wartime high of 570,000, to 440,000 to 450,000 by the end of fiscal year 2017, according to the Fort Drum website.
“Under sequestration, the Pentagon’s proposal states that Fort Drum could lose up to 16,000 soldiers and civilian jobs,” U.S. Representative Elise Stefanik, a Republican currently representing the 21st Congressional District that includes Fort Drum and the North Country, said in March 2 remarks on the House floor.
Stefanik was among supporters who spoke during a March 20 rally at Jefferson Community College in Watertown ahead of a listening session with the U.S. Army.
SU visit
McHugh was visiting Syracuse University (SU) to learn more about the school’s Institute for Veterans and Military Families (IVMF) and veteran and military-connected programs and services that SU offers.
The secretary had a chance to talk “about the challenges that the Army’s facing and the opportunities related to … tomorrow’s Army and also spending some time learning about Syracuse University’s commitment to serving and empowering military-connected students, veterans, and their families,” Mike Haynie, vice chancellor for veteran and military affairs and IVMF executive director, said in his remarks to the media before introducing McHugh.
McHugh also visited the Martin J. Whitman School of Management for an update on SU’s defense comptrollership program (MBA/EMPA), a military-degree program that represents a cooperative endeavor between SU and the Department of Defense (DOD). More than 1,600 graduates of this program have provided meaningful contributions in demanding management positions, SU contended.
McHugh also attended a discussion with the IVMF leadership team on the institute’s programs, research, community engagement, and collaborations, the school added.
An additional morning session followed, at which SU Chancellor Kent Syverud participated in a review of SU’s efforts to best serve veterans, military-connected students, and military family members who are students or employees at the university.
Welch Allyn signs diabetic-retinopathy screening deal
SKANEATELES FALLS — Welch Allyn, Inc., on May 13 announced it had inked an exclusive three-year agreement to provide onsite diabetic-retinopathy screening services for the largest primary care organization in eastern Tennessee. Financial terms were not disclosed. The organization, Summit Medical Group, has 220 physicians who receive almost 1 million patient visits annually
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SKANEATELES FALLS — Welch Allyn, Inc., on May 13 announced it had inked an exclusive three-year agreement to provide onsite diabetic-retinopathy screening services for the largest primary care organization in eastern Tennessee.
Financial terms were not disclosed.
The organization, Summit Medical Group, has 220 physicians who receive almost 1 million patient visits annually at 54 practice locations.
Diabetic retinopathy is the leading cause of blindness among working-age adults, Welch Allyn said in a news release. With early detection, the sight-threatening disease can be treated and the risk of severe vision loss cut by more than 90 percent. But nearly half of all diabetic patients do not get the recommended annual retinal exam because they lack access to specialist care or didn’t comply with their doctor’s referral, the company added.
Using its RetinaVue Network, combining retinal imaging with a network of board-certified physicians, Welch Allyn said it enables retinal screening for diabetic retinopathy as part of a routine primary or convenient-care visit. Improving access and making the screening more convenient can lead to earlier detection and treatment of the disease to help prevent severe vision loss.
“The agreement with Summit Medical Group is a great opportunity for both organizations to work together to provide sight-saving solutions in primary care settings where there is the largest potential for impact on improving population health, while also lowering the cost of care,” Scott Gucciardi, senior vice president, of new health care delivery solutions at Welch Allyn, said in the release.
RetinaVue retinal screening for diabetic retinopathy can also help both provider practices and payer systems to comply with quality-of-care metrics established for diabetic patients under various state and federal health-care programs and with insurance-plan accreditation, the company added.
Welch Allyn is headquartered in Skaneateles Falls and employs nearly 2,600 people in 26 different countries.
State home sales inch up in April, CNY sales jump 10 percent
ALBANY — New York state realtors completed the sale of more than 7,200 previously owned homes in April, up more than 1 percent from the same month in 2014. But, in the 16-county Central New York area, sales jumped more than 10 percent to 962 homes sold in April from 874 in the year-ago
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ALBANY — New York state realtors completed the sale of more than 7,200 previously owned homes in April, up more than 1 percent from the same month in 2014.
But, in the 16-county Central New York area, sales jumped more than 10 percent to 962 homes sold in April from 874 in the year-ago period.
That’s according to the housing-market report that the New York State Association of Realtors (NYSAR) issued May 21.
The rise in activity among both homebuyers and sellers is a “sure” sign that Spring has arrived, Duncan MacKenzie, CEO of NYSAR, said in the news release.
“Not only was there an uptick in April sales compared to a year ago, but also healthy increases in forward-looking market indicators such as pending sales and new listings,” said MacKenzie.
He noted that April pending sales were up more than 10 percent statewide from a year ago and there was a 6.6 percent increase in newly listed homes.
“The increase in new listings begins to address the low inventory challenge experienced in many of the state’s housing markets, which has consistently caused a
significant drag on closed sales,” said MacKenzie. “Viewed in a historical context, inventory levels still remain well below normal and far from the market peak.”
April 2015 pending sales in the state increased more than 10 percent from a year ago to reach 11,421.
The months supply of inventory dropped 12.4 percent at the end of April to 8.5 months supply. It was at 9.7 months at the end of April 2014.
Realtors consider a 6 month to 6.5 month supply “a balanced market,” according to the news release.
Inventory stood at 81,181, a decrease of 6.7 percent compared to April 2014.
The year-to-date (Jan.1 through April 30) sales total of more than 27,300 represents a 2.7 percent increase from the same period in 2014.
The year-to-date (Jan.1 through April 30) statewide median sales price of $225,500 is up 1.8 percent from the first four months of 2014.
Central New York county data
Realtors in Broome County sold 113 existing homes in April, up nearly 19 percent from 95 a year ago, according to the NYSAR report. However, the median sales price fell nearly 13 percent to $94,500 from $108,450 a year ago.
In Jefferson County, realtors closed on 45 homes in April, down 10 percent from 50 a year ago, but the median sales price climbed more than 12 percent to $160,000 from more than $142,000 in April 2014.
NYSAR also reports that realtors sold 109 homes in Oneida County last month, up nearly 30 percent from 84 in April 2014. But, the median sales price slipped more than 6 percent to more than $111,000 from $119,000 a year ago.
Sales of previously owned homes rose nearly 15 percent to 318 in Onondaga County in April from 277 a year earlier, and the median sales price increased more than 3 percent to $134,000 from nearly $130,000, according to the NYSAR report.
All home-sales data is compiled from multiple-listing services in New York state and it includes townhomes and condominiums in addition to existing single-family homes, according to NYSAR.
CenterState NY Region Recognized for its Potential Potential
In another sign of our economic resurgence, Syracuse was named the no. 1 location among midsize U.S. cities for companies looking to “reshore” operations. In a report released recently from The Hackett Group, published in the New York Post, Syracuse was noted for several positive business attributes. They included declining labor costs, access to huge
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In another sign of our economic resurgence, Syracuse was named the no. 1 location among midsize U.S. cities for companies looking to “reshore” operations. In a report released recently from The Hackett Group, published in the New York Post, Syracuse was noted for several positive business attributes. They included declining labor costs, access to huge consumer markets, and availability of new tax incentives as competitive factors for companies seeking alternatives to India and other offshore locations for finance, IT, and business-services operations.
Earlier this year, the same group named Syracuse the top location in the country and number 38 in the world for opening service-center operations. Across the region, we are seeing these trends take shape with the recent growth of companies like Syracuse’s Sutherland Global Services and Rapid Response Monitoring, and Watertown’s Convergys Corporation. These companies recognize that this region is a prime location for growth, thanks to assets like a talent pool with a high work ethic, productivity and commitment; a central location with quick access to major population centers; scenic and cultural amenities that offer residents unparalleled quality of life; and competitive incentives.
While these trends position us well for growth over the next decade, we must continue to promote our region and its assets so we can stay a leading location and attract new investments. I encourage you to help us connect with companies looking to reshore or launch new operations in the region by sharing any leads with Michael Novakowski CenterState CEO’s director of business development and investor relations, at mnovakowski@centerstateceo.com or (315) 470-1887.
Robert M. (Rob) Simpson is president and CEO of CenterState CEO, the primary economic-development organization for Central New York. This editorial is drawn and edited from the “CEO Focus” email newsletter the organization sent out on May 21.
Legislature Must Focus on Middle-Class Tax Relief, Education, Ethics
The last few weeks are always a flurry of activity, but amid the hustle and hustle of wrapping up the state legislative session, we must remain focused on what matters — middle-class tax relief, supporting education, and strengthening ethics. There is no doubt that New York’s families are strapped. Every dollar counts for hardworking
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The last few weeks are always a flurry of activity, but amid the hustle and hustle of wrapping up the state legislative session, we must remain focused on what matters — middle-class tax relief, supporting education, and strengthening ethics.
There is no doubt that New York’s families are strapped. Every dollar counts for hardworking residents of this state, but the high cost of living and the highest tax burden in the nation aren’t making things any easier. I am encouraging my Assembly colleagues to make the property-tax cap permanent, coupled with needed mandate relief to assist New York homeowners.
Another concern on the minds of my constituents is the state of education in the Empire State. Recently, we passed reforms to the governor’s teacher-evaluation agenda — his plan did nothing to help our children or the people educating them. Fortunately, my Assembly Republican colleagues and I listened to stakeholders like parents, educators, and school administrators. We have developed the Achieving Pupil Preparedness and Launching Excellence (APPLE) Plan, an education-reform plan based on the experiences of those who best understand public education. With the time we have left in this year’s session, we must adopt more of the legislative solutions in the APPLE Plan to ensure our children have the best and most comprehensive education possible.
Finally, so many of us have been discouraged by headline after headline about politicians breaking the public trust. Business in Albany was sidetracked not once, but twice, by the arrest of legislative leaders and their refusal to transition power so the work of the people could continue. Not only is trust broken, but it also negatively impacts the effectiveness of the legislature.
We must take immediate action to restore the people’s confidence. We have bills that would take the toughest stance on ethics and corruption in the nation and we must pass them now. The Public Officers Accountability Act would create new laws related to corruption and strengthen punishments for lawbreakers. Additionally, it would set term limits for legislative leaders and committee chairs — ending a tradition in Albany where power is concentrated in the hands of just a few. Lastly, I support stripping publicly funded pensions from politicians convicted of felonies. If you break the people’s trust, you will not and should not be rewarded for it.
Marc W. Butler (R,C,I–Newport) is a New York State Assemblyman for the 118th District, which encompasses parts of Oneida, Herkimer, and St. Lawrence counties, as well as all of Hamilton and Fulton counties. Contact him at butlerm@assembly.state.ny.us
Retirement plan is key to confidence, savings
Retirement confidence is highest among workers who say they or their spouse have a retirement plan, such as a work-sponsored plan or an individual-retirement account (IRA). That’s according to new research from the Washington, D.C.–based Employee Benefit Research Institute (EBRI). Vicki Brackens, president & financial planner at Brackens Financial Solutions Network LLC, shared
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Retirement confidence is highest among workers who say they or their spouse have a retirement plan, such as a work-sponsored plan or an individual-retirement account (IRA).
That’s according to new research from the Washington, D.C.–based Employee Benefit Research Institute (EBRI).
Vicki Brackens, president & financial planner at Brackens Financial Solutions Network LLC, shared the research results in an email sent to those on her email list, including CNYBJ.
Brackens is a registered representative of Lincoln Financial Advisors Corp. Brackens Financial Solutions Network is not an affiliate of Lincoln Financial Advisors.
EBRI is a private, nonprofit public-policy research organization that focuses on health, savings, retirement, and economic-security issues.
In its 2015 Retirement Confidence Survey, EBRI found that 28 percent of those with a retirement plan said they were “very confident” about their ability to afford retirement, compared with just 12 percent of those without a plan.
Brackens “absolutely” agrees with the finding. She spoke with CNYBJ on May 26.
When a person can see progress or “see into their future” versus guessing what their future may be, they’re “always” going to have more confidence, says Brackens.
“So when you are systematically saving through a retirement plan, you can now actually have concrete data to visualize what the result may be,” she adds.
In considering their retirement years, Brackens suggests people “stop, think, and really assess” how they want to live in retirement.
Will they be sitting in a rocking chair, working part time, or changing careers? she asks.
“It requires that you go through a series of questions and really reflect on what wealth or what life you would like … how that life should play out,” says Brackens.
From there, an individual should build an income strategy that meets their longevity and health-care needs.
Other findings
Having a plan not only boosts retirement confidence, but also increases savings. The survey found that 34 percent of workers who said they or their spouse have a retirement plan had saved at least $100,000 for retirement, while 64 percent of those without a plan say they had saved less than $1,000.
“Those without a retirement plan seem to understand they are likely to have difficulties accumulating adequate financial resources for retirement,” Jack VanDerhei,
EBRI research director, said in the EBRI news release. “Forty-four percent of workers without a retirement plan are not at all confident about having enough money for a comfortable retirement, compared with only 14 [percent] of those who have a plan.”
EBRI found that overall retirement confidence “continues to rise” from the lows of the 2009 to 2013 period, as 22 percent of workers were very confident in their prospects for retirement in the 2015 survey, compared with 13 percent in 2013. The percentage of workers saying they are not at all confident remained statistically unchanged at 24 percent.
Retirees also exhibited a “brighter outlook,” with 37 percent saying they were very confident in their ability to afford retirement in 2015, compared with just 18 percent in 2013.
The cost of living and day-to-day expenses were the top reasons for not saving (or not saving more), with half of workers reporting these factors as “deterrents.”
Despite these factors, however, nearly 70 percent said they could save at least $25 more per week than they had been setting aside.
Although the percentage of workers reporting strong confidence in their ability to pay for medical and long-term care costs, they have increased over the past several years; the 2015 percentages are “still cause for concern.” Just 18 percent of workers said they are very confident they will have enough for medical expenses in retirement, while 14 percent said they were very confident about paying for long-term care costs.
The survey found 16 percent of employees said the age at which they expect to retire has changed over the past year; eight out of 10 of those people said they expect to retire “later than planned.”
Unfortunately, these workers may be in for an “unexpected surprise,” as many retirees reported that they had to leave the workforce earlier than planned due to “factors beyond their control.”
EBRI co-sponsored the 25th annual Retirement Confidence Survey with Greenwald & Associates, a Washington, D.C.–based, market-research firm.
Researchers conducted the survey in January and February 2015 through 20-minute telephone interviews with 2,004 people, including 1,003 workers and 1,001 retirees, according to EBRI.
COO of Oswego Health retirement community retires
VOLNEY — A woman who helped lead an Oswego Health retirement-community affiliate for the past 15 years has also reached retirement. Teresa Ferlito, Oswego Health vice president and COO of Springside at Seneca Hill, retired on April 30. Springside operates at 10 County Route 45A in the town of Volney. She led Springside
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VOLNEY — A woman who helped lead an Oswego Health retirement-community affiliate for the past 15 years has also reached retirement.
Teresa Ferlito, Oswego Health vice president and COO of Springside at Seneca Hill, retired on April 30. Springside operates at 10 County Route 45A in the town of Volney.
She led Springside “ever since the first shovel of dirt was turned for the project” more than 15 years ago.
Oswego Health announced Ferlito’s retirement in a news release distributed on May 1.
Ferlito credited the staff at Springside for helping her to operate the facility.
“I have been fortunate to have a great staff, some have stayed with me for 15 years, and others for more than 10 years,” Ferlito said in the release. “While the team has been good for me, it’s been wonderful for the residents to have that continuity of service.”
Ferlito had the ability to “build a sense of community for retirees that previously wasn’t available locally,” Ann Gilpin, president and CEO of Oswego Health, said.
“Teresa has worked tirelessly to ensure Springside is a premier retirement community, which is clearly evident when you see the caring and special relationships she has with the residents,” Gilpin contended.
Ferlito recalled her initial efforts in promoting Springside.
“It was pretty exciting because this was a different type of facility. It was an accomplishment to help build Springside and then to be able to lead the facility,” she said.
To attract those age 62 and older to move into one of the 44 congregate apartments or cottages and duplexes, Ferlito and the Oswego Health team spoke to civic groups and held open houses.
When Springside opened in April 2000, it was home to five residents in its first week. It has since grown to “consistently” achieve an occupancy rate of 95 percent or higher each year, according to the news release.
Springside was among several buildings Oswego Health constructed more than 15 years ago on the Seneca Hill campus, located on County Route 45A, halfway between Oswego and Fulton.
The organization in 1999 also unveiled The Manor at Seneca Hill, a skilled nursing home, and nearby Seneca Hill Health Services Center.
The independent living and healthy-retirement lifestyle concept that Springside offers, was a “rather new idea locally” when Springside opened for business in 2000, Oswego Health said in the news release.
“When Springside was first introduced to our community, I believe the initial reaction was both interest and relief that a living option was presented to active seniors that also provided immediate access to the Oswego Health continuum of care, including a hospital and nursing home,” Pamela Caraccioli, who first served as president of Springside’s board of directors, added.
Replacement
Oswego Health has appointed Karen Scaff as Springside’s new COO to replace Ferlito. To ensure a smooth transition, Ferlito is working alongside Scaff during her initial weeks on the job, according to a separate Oswego Health news release.
After living and working in Atlanta, Georgia for nearly 15 years, Scaff returned to Oswego last year. She most recently worked as a practice and property manager at Lake Ontario Property Associates in Oswego. Previously, she was a retirement-services manager for McCamish Systems, an Infosys company and a benefits specialist for Aon Consulting, both located in Atlanta, according to the release.
Trusts and Wills: What if the document no longer fits the family situation?
A common complaint about the trust or will of a deceased ancestor is that the terms of the trust or will are not responsive to changed circumstances and events not contemplated at the time the instrument was signed. Trust beneficiaries may become disabled or improvident. Family members may develop conflicts. Tax laws may have radically changed.
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A common complaint about the trust or will of a deceased ancestor is that the terms of the trust or will are not responsive to changed circumstances and events not contemplated at the time the instrument was signed. Trust beneficiaries may become disabled or improvident. Family members may develop conflicts. Tax laws may have radically changed. Unfortunately, upon the death of the ancestor, the trust and will become irrevocable. Notwithstanding that, answers to some of these post-death problems do exist.
Sibling or family conflict following the death of a parent or ancestor is, unfortunately, all too common. The conflict often takes shape in a will contest that seeks to alter the deceased’s intentions. Whether or not a will contest is a good thing depends on which side of the contest you support. As estate planners working with a parent or other ancestor, we strive to ensure that our clients’ wishes are not altered by such post-death litigation.
We often add a no-contest (also called “in-terrorem”) clause to a will to address the possibility that someone may challenge its validity. A no-contest clause says, in substance, that if anyone contests the validity of the will, then they shall receive nothing under the will. Do such clauses actually work? Generally they do, but there are limitations. In some states, including Florida, such clauses are unenforceable. Other states have limitations on their enforceability.
New York state law does enforce no-contest clauses except in circumstances such as:
– Where the will contest is brought by an incompetent or infant.
– Where the contest seeks to establish the will as a forgery or that it was revoked by a prior will and there is probable cause (a “good reason”) for such assertions.
– Where the proceeding is limited to a preliminary examination of the witnesses to the will, the nominated executors, or the party seeking to submit the will to probate.
– Proceeding asking the court to interpret the provisions of the will.
It is important that every estate plan include a thoughtful discussion of the probability of family conflict and the use and effectiveness of a no-contest clause.
In other cases, the trust or will is written assuming one set of circumstances (such as the sequence of death, the state of a beneficiary’s residence, the competency of a beneficiary or the tax law) and, over time, a very different set of facts unfolds. Tools that can ameliorate problems caused by changed circumstances include the exercise of a power of appointment or an amendment to the trust document.
Many trusts grant someone (generally a beneficiary) power to act regarding trust property. Such powers, called “powers of appointment,” generally allow the power holder to redirect trust property among a group of people. For example, a parent may give a child the power to appoint trust property at the child’s death among the child’s issue. If such power is not exercised by the child, the trust is divided equally among the children of the deceased child. In this example the power of appointment could be very helpful to disinherit or limit the share of a grandchild at any time and for any reason as determined by the power holder exercising the power of appointment.
If the trust does not include such a power of appointment, a change in the language of the trust may be possible by amending the document. This is an exception to the doctrine that a trust is either irrevocable as provided in the instrument or becomes irrevocable upon the death of the person who set up the trust (the “grantor”). New York law allows for amendment or revocation of a trust under certain specific circumstances. Under one statute, if the grantor is living, he or she can revoke a trust with the consent of those who have a beneficial interest in the trust. If the grantor is deceased, the trustee can amend a trust if the requirements of the statute are met. The permitted amendment may be a simple administrative change or a substantial change, essentially replacing the existing trust with a new trust.
When an irrevocable trust no longer serves the purpose for which it was originally intended, an examination of the trust document and New York state law may reveal effective tools to change trust provisions in changed circumstances not originally contemplated at the time of drafting.
Elizabeth A. Hartnett, Esq., CPA, is a partner at the Syracuse law firm, Mackenzie Hughes LLP. Her areas of expertise include family business entities, business tax and succession planning, pre-nuptial and post-nuptial agreements, fiduciary compliance, investment counsel, estate planning, fiduciary services and estate settlement, as well as private foundations, charitable giving, and specialty trusts for the private client. This viewpoint is drawn from the law firm’s Plain Talk blog.
DiNapoli: state pension fund generates nearly 7.2 percent return in latest year
The New York State Common Retirement Fund reached an estimated value of $183.5 billion and produced a 7.16 percent rate of return in the state fiscal year (FY) 2015 ending on March 31. New York State Comptroller Thomas DiNapoli announced the figures in a news release posted to his website May 22. The
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The New York State Common Retirement Fund reached an estimated value of $183.5 billion and produced a 7.16 percent rate of return in the state fiscal year (FY) 2015 ending on March 31.
New York State Comptroller Thomas DiNapoli announced the figures in a news release posted to his website May 22.
The latest return is down from the 13.02 percent return the state retirement fund generated in FY 2014. And it’s also slightly below the 7.5 percent that DiNapoli says is the fund’s long-term expected rate of return.
“The fund performed well over the past year despite the challenges in the market,” DiNapoli contended in the news release. “We achieved a solid return on investments in the midst of global volatility thanks to our talented investment staff and our diversified asset allocation.”
The New York State Common Retirement Fund is the third-largest public pension fund in the country.
Over the last 20 years, investment returns have funded 80 percent of benefits, DiNapoli’s office said.
Employer and employee contributions cover the remainder of the benefits cost. Investment results over a multi-year period along with “numerous” other actuarial assumptions, including wage growth, inflation, age of retirement, and mortality, determined the contribution amount, the office added.
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