Page 1



Nov. 28-Dec. 4, 2011

Seventh Megaplex to be constructed in West Valley City

See page 3.

Les Olson Co. appoints new president See page 3.

• Industry Briefs • Begin on page 4.

See page 6.

Green River Capital to be acquired by Connecticut company

Green River Capital LC, a West Valley City-based provider of REO, short sale and broker price opinion (BPO) services, has entered into an agreement to be sold to Shelton, Conn.-based Clayton Holdings LLC, a provider of due diligence, underwriting, surveillance and default servicing to the residential and commercial mortgage and fixed income industries. The deal, struck Nov. 18, is expected to close within 60 days. No financial details were released. Green River currently has a number of large investor, financial institution and GSE (governmentsponsored enterprises) clients. The company has a staff of approximately 200. Green River provides its BPO and REO services with the support of a nationwide network of more than 5,000 real

Building envelope analysis firm to enter Utah

• Calendar •

The Megaplex at South Jordan is one of six operating Megaplex Theatres' complexes in Utah. A seventh state-of-the art Megaplex Theatres location is in development at Valley Fair Mall in West Valley City. Construction on the new complex will begin once the site of the vacant Mervyn’s department store is cleared. The project is expected to be completed in time for the holidays in 2012. The new location is visible just west of Interstate 215 on the east side

of the shopping center. The new Megaplex will feature 15 digital auditoriums, including a six-story 2D/3D digital IMAX screen. Other amenities will include reserved stadium seating, D-Box motion seats, food and beverage service, private event space, special needs services and dozens of high-definition digital see MEGAPLEX page 2

Uncertainty tops impediments to small business growth A new study examining impediments to growth in the small business sector reveals that 72 percent of small-business owners would like to expand by adding employees within the next five years, but various impediments are currently standing in their way. According to “Growth — External Factors,” a report prepared by the National Federation of Independent Business (NFIB) Research Foundation, uncertainty and weak sales are the two primary impediments to small-business growth. The study found that business uncertainty and weak sales are


Volume 41, Number 18

the two primary impediments to small-business growth. While economic concerns rank high in the minds of owners, a large number of small businesses also report that uncertainty is a significant factor in making business decisions. Not surprisingly, the single most important indicator that would renew small-business owner confidence in business conditions is increased sales in their businesses. Other notable survey findings include: • Uncertainty is a growth impediment impacting 61 per-

see NFIB page 2

estate brokers. Green River will become a wholly owned subsidiary of Clayton. The company will continue to operate as a standalone business, under its current brand, in its current location and will be led by its current management team. Christopher West, Green River’s founder and chief executive officer, and Paul Bossidy, Clayton’s chief executive officer, will become co-CEOs of Green River, and Joseph D’Urso will remain the company’s president. “Green River is an excellent strategic fit for Clayton and our clients,” Bossidy said. “It will expand our loss mitigation offerings at a time when short sales and REO dispositions are see GREEN RIVER page 3

New taxi fleet in Salt Lake to feature 150 vehicles The second taxi cab company to be awarded a concession at the Salt Lake City International Airport has revealed the size and nature of the fleet it will deploy here, and is vowing recruit drivers only from Salt Lake City. 1-800-TAXICAB Salt Lake City which will operate a 150-vehicle fleet — the city’s largest — is operated by veteran tax industry operator Ace Taxi Service, which also operates the 1-800-TAXICAB franchise in Cleveland. The concession allows citywide taxi service, not limited to the airport. The competitive request for proposal process was administered by the Salt Lake City Department of Airports. A seven member voting panel ranked the proposals. Six criteria were used to evaluate bids, including quality of vehicles, driver programs, operational plan, prior general and specialized experience, fees and financial performance. 1-800-TAXICAB said it received the highest overall score among all bidders based on the criteria. The 1-800-TAXICAB taxi fleet will use newer, more eco-

friendly vehicles, as well as introduce a number of customer service enhancements such as internal and external safety cameras, online booking, text ordering and national corporate account access. Accessible vehicles will be operated to accommodate the needs of passengers with disabilities. 1-800-TAXICAB has said it is focusing 100 percent of its driver recruitment efforts on Salt Lake City residents, especially current Salt Lake City taxi drivers. 1-800-TAXICAB Salt Lake City president DeVo Bavishi said no drivers are being recruited in any city outside of Salt Lake City. “Our dispatch operations are based in Utah, all fleet services such as auto paint, repair and maintenance will be done locally, and all of our driver recruitment is taking place in town,” said Bavishi.  “Actually, the only significant factor being brought in see TAXI page 2


Nov. 28-Dec. 4, 2011

The Enterprise


from page 1 cent of small employers; only 25 percent say uncertainty does not impact them. However, owners of the smallest firms and owners of young firms were more likely to identify uncertainty as a concern than owners of larger small firms and more established firms. And while the majority of small employers who believe that uncertainty is a hurdle think of it as economic in nature (83 percent), a comparatively large number term their uncertainty as related to political questions. Fifty-one percent who think uncertainty is an

impediment to growth (38 percent of the small-employer population) blame the current political situation at least in part as obstructing their growth. • While the adverse impact of regulation is often challenging to identify, 40 percent of small employers say that regulatory or legal issues are an impediment to growth. The complex labyrinth of regulations as opposed to a specific regulation or set of regulations was more often cited as an obstacle, with 63 percent of this group (31 percent of the population) reporting that a current investment or project was impacted by a regulatory matter. One-quarter of those who find regulations to be

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a burden either canceled a project scheduled for the next six months or abandoned investment and/or project plans. • Forty-one (41) percent reported the lack of finance as an impediment to growth and 19 percent ranked it a serious matter. Though 15 percent of small employers asserted that the lack of finance was their biggest obstacle to growth, 49 percent termed it a minor or no obstacle. More than half (53 percent) of small-firm owners surveyed think that internally generated cash flows will be their most important source of financing desired investment over the next five years. Bank loans will be the second most common source. However, 33 percent of those identifying lack of finance as an impediment to growth say that existing financial obligations are “seriously constraining” their ability to finance desired business investment and another 44 percent say that it is constraining. • With the unemployment rate near 10 percent, finding skilled workers is still a struggle for small businesses. Sixty-one percent of those surveyed (24 percent of the total population) said the lack of skilled employees is an impediment to growth and indicated that they would hire at least one additional employee at the current market wage rate in the next six months if they could find people with appropriate skills. Over 37 percent (9 percent of the population) would employ more than one. • Just 15 percent of smallbusiness owners cite the lack of a strong management or advisory team as an impediment to growth. Of the group currently possessing a management team, 47 percent are highly confident their current team can provide the necessary assistance to reach the firm’s growth objectives in the next five years.

MEGAPLEX from page 1

video poster cases. “Megaplex is undergoing a substantial renovation and expansion phase with three new or expanding locations in process,” said Blake Andersen, Megaplex Theatres senior vice president and general manager. “We are adding a VIP theatre to Jordan Commons as well as two new larger auditoriums and special event space; we are set to open the new section of our Thanksgiving Point expansion in mid-December, and just opened our new complex at Legacy Crossing in Centerville.” When the West Valley City theater opens, Megaplex Theatres will have 111 digital movie screens currently operating or under construction along the Wasatch Front. The current wave of projects is expected to be completed by the end of 2012. All 15 auditoriums at Valley Fair will feature 100 percent reserved stadium seating in digital 2D or 3D auditoriums. The 112,000 square foot facility will accommodate approximately 2,700 guests. For those interested in taking their movie experience to the next level, 30 D-Box motion seats are available at an additional fee. The seats move in sync with the action on the screen and are only available in Utah at Megaplex Theatres. The new facility will feature a full-service food court called Cafe Megaplex offering guests the convenience of dinner and a movie within the same venue. Food court tenants will include Snappy’s Burgers, Fries & Shakes; Mayan Express Mexican Food; Main Street Deli Salads, Sandwiches & Wraps; Bon Bon Gelato and Ice Cream; Coke Freestyle beverage system; and Snack Zone popcorn and movie treats. Megaplex Theatres is a part of the Larry H. Miller Sports and Entertainment Group, which is also owned by Larry H. Miller Group of Companies. Its corporate headquarters are located at Jordan Commons in Sandy. THE ENTERPRISE [USPS 891-300] Published weekly by Enterprise Newspaper Group Inc. 825 N. 300 W., Suite C309, Salt Lake City, UT 84103 Telephone: (801) 533-0556 Fax: (801) 533-0684 Website: For advertising inquiries, e-mail To contact the newsroom, e-mail Subscriptions are $55 per year for online only, $65 per year for print only and $75 per year for both the print and online versions, or $1.25 per copy. Opinions expressed by columnists are not necessarily the opinion or policy of The Enterprise Copyright 2011 Enterprise Newspaper Group Inc. All rights reserved Periodicals postage paid at Salt Lake City, UT 84199. POSTMASTER: Send address corrections to P.O. Box 11778, Downtown Station Salt Lake City, UT 84147


from page 1 from outside Utah is the multimillion dollar financial capital that is being invested to improve local service and create jobs and opportunities for local members of the community.” The other cab company to win an airport concession was Phoenix-based Discount Cab, which will operate a fleet of 100 taxis in Utah. Like 1-800-TAXICAB, it will serve all of Salt Lake City, not just the airport, and will utilize a fleet made up primarily of hybrid Prius vehicles. Decades-long airport taxi concessionaire Yellow Cab, which, along with several other local taxi companies lost the airport concession to 1-800-TAXICAB and Discount Cab, have challenged the concession awards in court. Last week, an administrative board denied Yellow Cab’s appeal, but a judge’s temporary restraining order blocking the new taxi services remains in effect while Yellow Cab attempts to exhaust its administrative remedies.

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The Enterprise

Nov. 28-Dec. 4, 2011

Troy Olson to become president of Les Olson Co.

Building envelope analysis firm to enter Utah market

GREEN RIVER from page 1

both expected to remain strong. Green River’s BPO offerings will help our clients, along with our Quantum special servicing unit, to make better loss mitigation decisions and will complement Clayton’s diligence and whole loan acquisition services.”            West said that during the past year, Green River’s REO and short sale assignments have grown by more than 87 percent. “By joining with an industry leader such as Clayton, we expect to continue this growth and create a more scalable company while increasing the strength of the Green River brand,” he said. Green River Capital leverages its proprietary technology and a nationwide network of attorneys, brokers, appraisers, contractors and title professionals to offer scalable and customized solutions. GRC provides REO asset management, portfolio valuation/due diligence, a short sale program and rental program management. GRC’s sister companies

are GR Financial, a short sale program provider, and Infinity Valuation Services, a BPO company. Clayton Holdings LLC provides information and services that financial institutions, investors and government entities use to evaluate, acquire, securitize, service and monitor loans and asset-backed securities. Clayton offerings include risk-based analytics, residential and commercial loan due diligence, consulting, surveillance, independent pricing, and staffing solutions.  The company provides customized residential and commercial special servicing solutions through its Quantum Servicing subsidiary.

begin immediately, Lum said. RWC offers extensive forensic expertise in evaluating and solving water leakage and moisture-related issues in roofing, waterproofing and exterior wall systems. The firm performs investigations, analysis and litigation resolution services for insurance companies, law firms, developers, contractors, community associations and consumers who seek to resolve construction-related issues. Since its inception, RWC has helped resolve more than 600 cases involving educational facilities, single and multi-family residential buildings, hotels and high-rise buildings.

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Vertical construction is slated to begin in February on a new Provo Parks and Recreation Center on 10.3 acres at 222 S. 50 N. that is being financed by a $39 million bond issue. VCBO Architects designed the 160,000 square facility, slated for completion in spring 2013. Layton Construction is general contractor and construction manager. Pictured above is the construction site as it appeared on Nov. 15. Demolition of a number of buildings on the site is complete and additional structures will be razed as the project moves forward, according to Provo City Parks & Recreation director Roger Thomas. The city assigned a construction budget of $32.5 million for the development. The remaining funds generated by the bond issue will be used to pay vendors such as architects and contractors, Thomas said.

RWC Inc., an Oceanside, Calif.-based company specializing in residential and commercial building envelope analysis and repair, is hoping to have a brickand-mortar presence in the Salt Lake area within six months. Anthony Lum, a project manager with the seven-year-old firm, which also has operations in Portland, Ore., said RWC is preparing to launch a promotional campaign in Utah in order to generate name recognition in the area. “Right now we’re trying to get ourselves exposed out there with a marketing campaign,” Lum said. “The owner has been out there [to Salt Lake] multiple times and is going out and establishing a presence with attorneys, insurance companies, developers, contractors. “We’re not your typical remediation company. We’re more in-depth. What we do is come in and evaluate things like water leakage, moisture-related issues, issues with the actual overall construction of a project for structural failure. We do an investigation and an analysis, take a look at why it’s failing and what it stemmed from, what the repercussions have been. Then we take a look at what it would take to fix it and reinstate the structure’s integrity. We do the restoration and repair work ourselves. All of the consultants here have come from different trades in the construction field.” The advertising campaign for the nine-employee company will

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Les Olson Co., one of the largest independent document solutions dealers in the nation, has appointed Troy Olson as its new president, effective Jan. 1. As a 32-year veteran and third generation owner of the South Salt Lake-based c o m p a n y, Olson Olson takes over the position at the family business from his father, Larry Olson, a second generation owner who is stepping down after 51 years of service at the age of 67. In his new position, Troy Olson will assist company chairman of the board and CEO Jim Olson in overseeing all operations at the company’s seven branch locations from Logan to Las Vegas with his main focus being a continued emphasis on increasing sales companywide. Les Olson Co. sells and services SHARP and HP equipment and supplies. The company has been in business for over five decades, and now has a team of almost 200 employees. CARRERA CHRONOGRAPH


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Nov. 28-Dec. 4, 2011

• Industry Briefs •

into southeastern Idaho. The ASSOCIATIONS • The Salt Lake Chamber first branch, to be located at 152

has named Wesley Smith executive vice president of government relations and general counsel. In this role, Smith will oversee all the government relations efforts of Utah’s largest and longest business association and provide legal expertise for the organization. Smith served as director of public policy for the past three years. Before joining the chamber, Smith worked as an attorney and was a consultant with The Exoro Group, where he advised clients on government affairs issues. He has also been a policy analyst with the Environmental Protection Agency in Washington, D.C. Smith served President George W. Bush and Vice President Dick Cheney in several capacities. His White House experience includes working in the Office of Presidential Advance, the Office of the Vice President and the Office of Counsel to the President. • The Downtown Alliance is inviting businesses in Salt Lake City’s central business district to decorate their windows for the “Holiday Window Wonderland” contest. There is no limit for participating businesses on the size or cost of the holiday window decorations; all participation is appreciated and welcome. Online voting will be open to the public from Dec.1 through Dec. 25 at www. Voters will be entered to win a prize worth $200 from downtown merchants and the Downtown Alliance. The business with the most votes will be announced the last week of December. For businesses interested in participating, download the registration form and guidelines at the website above. Fax or e-mail the registration form to Kristin Beck at (801) 328-5098 or

BANKING • Mountain America Credit

Union is expanding operations


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Bullock St. in Chubbuck, will open on Dec. 5. It will be followed by a second branch, located at 3202 S. 25th E. in Idaho Falls, on Dec. 12. • TAB Bank, Ogden, has provided a $3 million facility through a multi-year agreement for Snap Advances LLC of North Salt Lake. Snap Advances is a merchant cash advance company that was founded in Utah in 2009 and currently maintains offices in Utah and New York City. Snap Advances provides quick access to working capital for their clients through their simple merchant cash advance program. They also offer additional resources, tools, and guidance to help their clients grow and manage their business. • Bank of American Fork is sponsoring the 12th annual Project Teddy Bear, a stuffedanimal drive that benefits at-risk children at the Utah Valley Family Support & Treatment Center, the Salt Lake Valley Family Support Center and the House of Hope. Teddy bears are given to children during times of trauma and to aid in play therapy sessions. Last year, Bank of American Fork, with the help of employees, customers and community members, collected 7,500 stuffed animals. This year’s goal is 8,000 stuffed animals. To donate to Project Teddy Bear, drop off a new or clean, gently used stuffed animal to any of Bank of American Fork’s 12 branches throughout Salt Lake and Utah counties through Dec. 14.


• Salt Lake City-based Xi3 Corp. and Avnet Embedded, a division of Avnet Electronics Marketing Americas, have inked a distribution agreement enabling Avnet Embedded to sell the Xi3 Modular Computer and other Xi3 Computer Architecture products and technologies to customers in the Americas. As one of the largest distributors of electronic components, computer products and embedded technology, Avnet has been Xi3 Corp.’s predominant partner in sourcing electronic components and parts from around the globe. With its Xi3 Computer Architecture, Xi3 Corp. has transformed the typical computer motherboard by breaking it up into three smaller, interconnected boards known as modules, each of which can be easily replaced or updated. As a result, the awardwinning Xi3 Modular Computer has a longer expected life than standard personal computers and is housed in a cube-like aluminum chassis measuring four inches or

less per side.

CONSTRUCTION • Cache Valley Electric has

opened an office in Dallas that will operate as CVE Technologies Inc. CVE Technologies is a whollyowned subsidiary of Cache Valley Electric, which is headquartered in Logan. The operational focus of the office is the rapid deployment and integration of network technologies into telecom service provider networks. CVE Technologies provides a wide variety of services including: network design, equipment procurement, site preparation, installation, data and power cabling, equipment staging, configuration, and test and turn-up services. • Dunn Associates, a Salt Lake City consulting structural engineering firm, has hired Danielle Scott as director of marketing. A native of Salt City, Scott brings a wealth of knowledge from other industries to Dunn Associates, although this is her first foray into A/E/C marketing.

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HOSPITALITY • The Grand America Hotel in Salt Lake City has opened the doors to “JouJou,” a toy boutique that is the newest addition to The Shops at the Grand. JouJou inspires imagination through play

with unique toys and games within innovative experiential play centers. JouJou, the French word for toy, was designed to offer top quality toys, games, books and vintage-inspired candy.


• Utah’s nonfarm wage and salaried job count for October 2011 expanded by 2.6 percent compared to October 2010. This is a 12-month increase of 31,600 jobs, and raises total wage and salary employment to 1,226,800. The seasonally-adjusted unemployment rate, Utah’s other primary indicator of current labor market conditions, registered 7 percent. In September, the rate was 7.4 percent and one year ago the state’s rate was 7.6 percent. Approximately 93,900 Utahns are considered to be unemployed. The United States unemployment rate, as compared to last month, is unchanged at 9 percent.


• The law firm of Prince, Yeates & Geldzahler moved to a new location in downtown Salt Lake City on Nov. 18. After many years in the City Centre Building, Prince Yeates is relocating to better accommodate their clients. The firm’s new offices are in the Gateway Tower West, located at 15 W. South Temple, Suite 1700.

MANUFACTURING • Orem-based Xlear Inc. has

introduced Spry White, a teeth whitening kit with xylitol that uses Perogel and patented VIOCIN Whitening Technology as part of a two-stage process to whiten teeth in about an hour per application. Spry White is a natural way to whiten teeth and is said to contain a safer concentration of whitening agents than other brands. The Perogel and VIOCIN in Spry White contain xylitol, a natural sweetener that has proven oral care benefits, including increasing calcium absorption to help miner-

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The Enterprise

Nov. 28-Dec. 4, 2011

alize teeth and decrease sensitivity. • Clearfield-based Lifetime Products, a worldwide manufacturer of sporting goods equipment, has acquired the assets of Pennsylvania-based Emotion Kayaks, adding the company’s innovative kayaks to Lifetime’s extensive line of water sports products. Lifetime has agreed to purchase all of Emotion Kayaks’ assets, including its intellectual property, trademark portfolio, manufacturing equipment, inventory and its retailer contracts. Now, kayak products previously distributed by Emotion Kayaks will be manufactured at Lifetime’s headquarters and manufacturing facility in Clearfield. • Hexcel held a dedication ceremony Nov. 17 at its manufacturing facility in Salt Lake City to commission two new carbon fiber production lines. The two new carbon fiber production lines are part of an ongoing expansion at the Utah site, where Hexcel also manufactures carbon fiber/ epoxy composite materials known as prepreg. The expansion increases Hexcel’s global carbon fiber output to 16 million pounds of

nameplate capacity. The new carbon fiber lines are part of an ongoing multi-million dollar capacity expansion that will initially add up to 50 new jobs and by 2015 could add several hundred more new positions. Hexcel’s carbon fiber and prepregs are used predominantly by the aerospace industry to manufacture commercial and military airframe and engine structures, helicopters, and satellites.

REAL ESTATE • International real estate

investment and services firm Kennedy Wilson offered and sold 29 contemporary lofts at Broadway Park Lofts in Salt Lake City, nearly selling out the entire remaining inventory in a single day on Nov. 5. auction took place at the Cucina Nassi Banquets and Special Events Center in Salt Lake City, and when the auctioneer’s gavel came down for the final time, $4.4 million worth of inventory had changed hands. • EXIT Realty agents, brokers and members of the community converged on South Salt Lake recently to help another Habitat for Humanity family as they

invested sweat equity in their new home. A portion of every transaction fee collected by EXIT Realty Corp. International is pledged to its charity of choice. To date, EXIT Realty has pledged over $2 Million to Habitat for Humanity in both Canada and the U.S.


• Cafe Rio Mexican Grill, Salt Lake City, has opened a continued on page 8

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• Nov. 30, 8-10:30 a.m.: “The Business and Economic Case for Clean Air,” presented by the Salt Lake Chamber. A panel discussion will feature Jeff Edwards of the Economic Development Corp. of Utah; Jonathan Johnson of; and Alan Matheson, environmental advisor to Gov. Gary Herbert. Moderator will be Natalie Gochnour of the chamber. Breakout sessions will follow the discussion. Location is the chamber offices, 175 E. 400 S., Suite 600. Free. Continental breakfast will be served. Register at • Nov. 30-Dec. 1, 7:30 a.m.12:30 p.m. both days: “Real Estate Investment Analysis,” an eight-hour CORE commercial real estate education course conducted by NAIOP. The course is designed to provide the technical skills necessary to analyze the financial feasibility of real estate investment opportunities. Valuation techniques such as direct capitalization and discounted cash flow analysis are introduced first, followed by an examination of debt financing’s impact on real estate investments. Location is the Spencer Fox Eccles Business Building, Room 110, at the University of Utah in Salt Lake City. Cost is $125 for NAIOP members, $150 for non-

members. Register at NAIOP8HrsCoreCE. • Nov. 30, 4-7 p.m.: Salt Lake Chamber Open House. The chamber and its strategic partner, the Downtown Alliance, will show off their newly redesigned office suite. More than a dozen firms will cater the event, which will feature local performers. Location is the chamber offices, 175 E. 400 S. Free. For more information, contact or call (801) 328-5055. • Dec. 1-2, 7:30 a.m.-6 p.m. Thursday, 8 a.m.-noon Friday: The Summit Director and Officer Training Conference, presented in partnership with the Utah chapter of the National Association of Corporate Directors (NACD). The event is designed for board chairs, corporate directors and senior executive officers of publicly traded corporations and corporations growing towards publicly-traded status. Participants will gain insight and receive substantive instruction on topical issues in corporate governance that affect publicly listed companies and board members. With participation from leading executives, corporate directors, policymakers, and experts from the legal and financial services industries, along with academic authorities from

• Calendar • the Brigham Young University Marriott School of Management, the Summit Conference will teach participants how to develop a framework for making informed board decisions and exercising sound business judgment. Presenters will include Steven Walker, NACD; George Feiger, Contango Capital Management; Les Brorsen, Ernst & Young LLP; and Joan Woodward, Travelers. Location is the St. Regis Ceer Valley Resort, 2300 Deer Valley Dr. East, Park City. Cost is $550. Register at • Dec. 6, 8 a.m.-noon: “Unleash the Power of Recognition: Create a Carrot Culture,” sponsored by The Employers Council. Joel Bishop of O.C. Tanner will teach attendees how to incorporate daily recognition techniques. Participants will then learn the skills needed to integrate informal, day-to-day recognition into their exchanges and conversations with team members through hands-on exercises, roleplays and humorous, interactive discussions.  Participants will also receive a Recognition Toolkit that includes New York Times bestseller The Carrot Principle, by Adrian Gostick & Chester Elton, a recognition training workbook,

Nov. 28-Dec. 4, 2011

and thank you cards to start appreciating great work. Location is the Red Lion Hotel, 161 W. 600 S., Salt Lake City. Cost is $129 for council members, $209 for nonmembers. Price includes a full breakfast buffet. Download the registration form at http://ecutah. org/recognition.pdf. • Dec. 7, 11:30 a.m.-1:30 p.m.: NorthFront Entrepreneur Alliance Third “Entrepreneur Excellence” Awards Banquet. The event will honor three of northern Utah’s top-performing start-up businesses in the categories of business with the greatest potential, best bootstrapped business and fastest-growing business. Location is the NorthFront Business Resource Center, 450 S. Simmons Way, Kaysville. Cost is $20 and includes lunch. Register at • Dec. 8, 3:30-5:30 p.m.: “How to Raise Money,” sponsored by the Wayne Brown Institute and At the event, several items will be discussed, including current trends, the basics of the fundraising process, finding the right investor, and how to raise capital from the perspective of a serial entrepreneur and an investor. An open Q&A session will follow. Location is the law offices of

Holland & Hart, 222 S. Main St., Suite 2200, Salt Lake City. Free. • Dec. 8, noon-1 p.m.: “Protecting Your Innovations After the Leahy-Smith America Invents Act,” a panel discussion hosted by Kirton & McConkie. The Leahy-Smith America Invents Act is the first large-scale U.S. patent law reform in 60 years that will dramatically reshape existing patent laws. While the Act creates streamlined alignment between U.S. patent law and international patent laws, it also significantly changes the landscape for obtaining and enforcing patents. A panel presentation will explore some of the changes from this Act and the implications on products and inventions. The panel will include Jill Powlick, corporate intellectual property counsel at Idaho Technology Inc.; Sally Brown, patent counsel at Autoliv; and James Larson, corporate and IP counsel at Innovative Medical Device Solutions. Moderator will be Ken Horton, a shareholder at Kirton & McConkie. Location is the Kirton & McConkie offices, 60 E. South Temple, 16th floor, Salt Lake City. Free. Lunch will be served. RSVP by Dec. 6 with Cynthia Kersey at (801) 323-5966 or via e-mail to Register at

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Nov. 28-Dec. 4, 2011


The Enterprise

The world is in need of salespeople who will get the job done When I was 15 years old, ple associated with their employmy father shared a profound little er. Theirs is a responsibility that essay with me. It was entitled “A extends beyond the boundaries of Message to Garcia.” He first told their own company, to both supplime the story and later produced ers and customers and their respeca well-worn, dog-eared, pocket- tive employees. A salesperson sized pamphlet. Having must accomplish their heard the story first from objectives with limited the lips of my father and supervision, in difficult then having received the economies and adverse written word, I read and markets. They must find then pondered the message profitable opportunities and tried fervently to incoreven when it appears porate its message into my Tim Huffaker there are none. They soul. As I have grown and must carry with them matured, I recognize this the hope and trust of all event as one of many attempts my employees whose financial wellfather made to teach me character being depends upon their success. and responsibility. As my father told me, you must Salespeople hold the suc- learn and incorporate into your cess of their employers in their character those qualities that will hands. The fortunes and failures enable you to “carry a message to of any business can be traced to Garcia.” the success of its salespeople. The I have attached a short introwell-being of every employee ulti- duction to this profound essay by mately rests on the shoulders of Elbert Hubbard with the hope that the sales effort. Salespeople are it will impact your life as it did saddled with the singular effort of mine. With the attitude, character bringing profit to the organization, and sense of responsibility exemthereby providing the financial sta- plified by Rowan, who was called bility of all those employed. True, upon to carry a message to Garcia, there are others whose efforts are I believe every salesperson readparamount to the success of any ing this message can find a way to organization, but in the absence of spend eight hours each day focused profitable sales, nothing else really on meaningful sales activities and matters. Are you building wealth fulfill the trust of your employer for your employer, fellow employ- and fellow employees. ees and yourself, or are you hold- “Elbert Hubbard penned his clasing them hostage and in fear of sic essay, “A Message to Garcia” eventual economic collapse? in one hour after a dinnertime National statistics reveal that discussion with his family. At dinthe average salesperson works only ner, Hubbard’s son, Bert, claimed four hours each day at sales-relat- that the true hero of the SpanishAmerican war was Rowan — a ed activities. The remaining hours messenger who braved death by of the day may be busy and tiring, carrying a note behind the lines but not focused on those specific activities that generate sales. I to Garcia, the leader of the insurgents. don’t believe there is a conscious effort on behalf of salespeople to “In all this Cuban business become distracted in their sales there is one man who stands out on the horizon of my memory efforts. However, I do believe that they lack the understanding of like Mars at perihelion. When the profound impact their lack war broke out between Spain of effort and focus has on the and the United States, it was lives of their fellow employees very necessary to communicate or the financial stability of the quickly with the leader of the company. Top sales performers Insurgents. Garcia was somemust demonstrate discipline and where in the mountain fastnesses character. Selling is difficult work of Cuba — no one knew where. and is often conducted in a rela- No mail or telegraph could reach tively unstructured environment. him. The President must secure Salespeople are often left unsuhis co-operation, and quickly. pervised in their selling activities. What to do! Someone said to the They enjoy a freedom that very President, ‘There’s a fellow by the few other occupations experience. name of Rowan will find Garcia That freedom is necessary for sucfor you, if anybody can.’ cess, and at the same time can “Rowan was sent for and create the distraction that result in given a letter to be delivered to less than stellar performance. Garcia. How ‘the fellow by name Salespeople must understand of Rowan’ took the letter, sealed it and accept the huge responsibil- up in an oil-skin pouch, strapped ity that rests on their shoulders, a it over his heart, in four days responsibility that will determine landed by night off the coast of the security and wealth of all peoCuba from an open boat, disap-

peared into the jungle, and in three weeks came out on the other side of the island, having traversed a hostile country on foot, and having delivered his letter to Garcia. “The point I wish to make is this: McKinley gave Rowan a letter to be delivered to Garcia; Rowan took the letter and did not ask, ‘Where is he at?’ By the

Eternal! There is a man whose form should be cast in deathless bronze and the statue placed in every college in the land. It is not book-learning young men need, nor instruction about this or that, but a stiffening of the vertebrae which will cause them to be loyal to a trust, to act promptly, concentrate their energies; do the thing - ‘carry a message to

Garcia!’” Tim Huffaker is the president of The Business Performance Group, a sales training and coaching firm headquartered in Salt Lake City. The company teaches core sales principles and skills, allowing clients to double their sales. Huffaker is the author of hundreds of sales articles and can be contacted at (801) 557-4571 or tim@bpgutah. com.

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Nov. 28-Dec. 4, 2011

The Enterprise

Small Business in Utah phones while driving. Think you can drive and talk at the same time? Despite Utah’s law, nationally recognized University of Utah researcher David Strayer has studied the effects of cell phone use while driving for more than 10 years and found that hands-free Do your employees drive while talking or cell phone use is just as distracting as handheld texting on their cell phone? More and more, motor cell phone use while driving. He further found that accidents are the result of drivers who are distracted motorists who talk on handheld or hands-free cell by text messages, e-mails and phone calls while drivphones are as impaired as drunken drivers at the ing. legal blood-alcohol limit of 0.08 percent. In 2009, Utah made it a primary offense For comparison purposes, someone who is for drivers to “use a handheld wireless comdrunk at a 0.08 blood alcohol level has a munication device for text messaging or four-time crash increase. Drivers talking on electronic mail communication while operata phone get tunnel vision and do not see the ing a motor vehicle on a highway in [Utah].” information in the periphery. In addition, In other words, a driver in Utah can be pulled cell phone use while driving yields a form over and cited for texting or e-mailing while of inattention blindness. Even when drivdriving, but what is the current law for talkers are directing their gaze at objects in the ing on a cell phone while driving? Katherine driving environment, they may fail to “see” Unlike other states with specific laws Judd them because their attention is directed banning drivers from talking on handheld elsewhere, namely cell phone conversacell phones while driving, Utah mentions the use tions. of handheld cell phones while driving as a possible Each year, 500,000 people are injured and 6,000 offense under “careless driving.” “A person operatare killed in accidents involving careless driving. ing a motor vehicle is guilty of careless driving if the Employers may be held liable for an accident caused person commits a moving traffic violation [other than by an employee while using a cell phone for comspeeding] . . ., while being distracted by one or more pany business while driving, or while driving a comactivities taking place within the vehicle that are not pany vehicle at any time. Employers should adopt related to the operation of a motor vehicle, including a written policy regarding cell phone use (talking, using a wireless telephone or other electronic device texting, and e-mailing) and consistently enforce it. unless the person is using hands-free talking and Employees should receive training and acknowledge listening features while operating the motor vehicle.” in writing that they received the policy. A policy does Stated another way, if a driver is first cited for a movnot guarantee employers relief from liability, but ing violation (other than speeding), the driver may without a policy in place, employers may face a less be charged with a secondary offense of “careless sympathetic jury. driving” if the driver was talking on a handheld cell phone. Careless driving also includes other common reasons for driver distraction such as searching for an Katherine E. Judd is an associate at Salt Lake item in the vehicle or attending to personal hygiene City law firm Clyde Snow & Sessions where she or grooming. Note that it is legal for drivers to talk on routinely advises employers on workplace liability, a cell phone while they are operating a motor vehicle updating employee handbooks and handling cases brought against employers. As part of Clyde Snow’s if they are using a hands-free device. Seventy-one percent of people between the Employment Law Practice Group, she also authors articles for the Group’s newsletter, Business as ages of 18 and 49 admit they text or talk on their cell

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The Enterprise

Nov. 28-Dec. 4, 2011

Utah on the Rise Industry Demands: The Urgent Need for Qualified Workers Is Critical

By Chris Hipwell, president Associated Builders and Contractors, Utah Chapter As the construction industry continues to plod through our current economic predicament it’s easy to overlook the critical need for skilled workers. When the industry rebounds, and it will, we will be faced with critical shortfalls in qualified skilled workers. The recovery and an aging workforce present a challenge, and the question arises, how do we as an industry deal with the shortage? Now is the opportune time to address the situation and strengthen our current workforce by educating the public, educational counselors, media, teachers and parents as to the abundant opportunities that a career in the construction industry can provide. The construction industry is forecasted to add 1.5 million new jobs by 2014 with an increase in total construction spending between 6 and 10 percent throughout the next four-year span. “The improved outlook for the broader economy in 2012 signals more recovery for construction activities in 2013 than were contemplated just a few weeks earlier,” said Anirban Basu, Associated Builders and Contractors’ chief economist. Are we ready? In today’s article we explore how to get started in the construction industry and/or how to continue your development in the industry. Curtis Nielsen, program director for trades and apprenticeship at Ogden-Weber Tech College, provides us with great insight into what training resources are in place to provide the industry with skilled and qualified

Nielsen individuals. Why do you think training and education are important to the construction industry? The construction industry is highly competitive. Contractors need employees who are highly skilled and understand how to safely and efficiently complete a project. A contractor’s bottom line and even survival are dependent upon having a well-trained workforce. Construction workers that complete training programs based on local and national standards

will be better prepared to maintain employment through the ups and downs of the construction industry and generally command higher wages than individuals who do not complete a formalized training and education program. Consumers will benefit from highly skilled workers because projects will be completed according to codes and standards that will provide consumers with structures that are functional as well as safe and comfortable to live and work in. Why would you recommend a career path to someone who is thinking about the construction industry as a career? Looking at a career in construction compared to looking at just a job in this industry will help individuals create a long term plan for success to include training and education. The construction industry has a wide career path with many employment and training opportunities. It is like a super highway with many on and off ramps. With some basic skills, individuals can obtain employment as a laborer or an apprentice in a skilled occupation. Apprentices who complete both the required on-the-job training (usually four to five years) and the required apprentice-related training at an institution of higher education can obtain local, state and national credentials that will provide them with opportunities for further advancement and stable employment. Apprenticeship is a earn-as-you learn program where an apprentice’s beginning wage is approximately 50 percent of a journey-level worker in their craft. Apprentices usually receive wage increases every six months to one year. Salaries upon completion of a formalized apprenticeship vary from $36,000-$60,000 per year. Colleges and universities have degrees in construction management, engineering and architecture for those individuals who choose to move into supervisory or building design positions. The best construction supervisors and building designers are those individuals who have hands-on construction experience. What are some of the workforce development strategies for the construction industry, as well as best practices for education and implementation efforts of craft training in Utah? Employers and educators need to educate young people, their parents and school counselors about the career and training

opportunities within the construction industry at an early age. Field trips and hands-on activities are a great way to get young people interested in the construction industry. Young people need to take more courses at their highschools related to the construction industry. A higher percentage of high-school students need to enroll in a construction program at their local applied technology college (ATC) so that they can gain basis construction skills for entry-level employment upon graduation. Tuition is free for students who attend an ATC while enrolled in high-school. Employers can provide opportunities for field trips, job shadowing and apprenticeships. High-school students can begin an apprenticeship as early as age 16 if they are registered in a formal apprenticeship program through the United States Department of Labor. Employers need to develop career pathways for their employees so that their employees see a long term future with the organization. Companies that provide opportunities for employee growth and advancement will experience lower turnover rates and experience a higher rate of employee engagement and loyalty. There are eight ATCs in

Utah which are regional campuses of the Utah College of Applied Technology. The mission of the ATCs is to prepare individuals for specific career fields and to upgrade the skills of Utah’s workforce. The ATCs offer construction-related training programs including programs that prepare individuals for employment in the construction industry, apprenticeship- related training for working apprentices and skill upgrade courses including courses for licensure renewal. For more information concerning available programs at an ATC campus, go to Construction-related training programs are also available at Utah’s other institutions of higher education. Each year the Utah State Legislature allocates funding as an investment in the skill sets of Utah employees. The program has an impressive 25+ year track record of helping companies deliver custom, targeted training to employees. Companies may qualify to have a portion of the training costs covered through Custom Fit funding. These funds may be used to help pay for training through the ATCs, off-site seminars or customized training provided by other training vendors.

How do we address the critical workforce shortage facing the construction industry? We need to educate our citizens about the great career opportunities in the construction industry. We need to show that there is a pathway from a job to a degree as most students, parents and academic advisors see a degree as the best pathway to success. We also need to work on creating a positive image of the industry as many look at jobs within the industry as physically demanding, dirty jobs without a long-term future. Companies need to look at their wage and benefit structures to ensure that they are competitive with other companies and other career fields. They need to develop career plans with incentives that reward employees who take the necessary steps to increase their skills. Employers need to continue to invest in training even when times are tough such as the current slowdown the industry is experiencing. Associated Builders and Contractors (ABC) is a national association with 74 chapters representing 23,000 merit shop construction and construction-related firms. For more information call (801) 708-7036 or visit


Nov. 28-Dec. 4, 2011

The Enterprise

New 'mature' Newt is just same old Gingrich Very few politicians have “What did you do for that money?” provided as much villainous enter- asked Harwood, while attempting tainment over the years as Newt to suggest that Gingrich sought to Gingrich, who now assures every- “fend off” stricter regulation of one that he has “matured” since Freddie Mac and its sister comhis brief and tumultuous reign on pany, Fannie Mae, by officials in the Bush administration and the Capitol Hill. Federal Reserve worried While the former about the firms’ inflated speaker may at last have $5 trillion in mortgage settled into a third marsecurities. riage, there is no sign of “I offered them improvement in his characadvice on precisely what ter. He is rising in current they didn’t do,” replied polls because Mitt Romney Gingrich, who went on repels many Republicans to claim that “as a histoand he is the last alternative. But Gingrich’s most Joe Conason rian,” he had warned the Freddie Mac officials recent debate performance who hired him that their revealed the same brazen dissembler whose flaws proved lending practices were causing “a ruinous to him and — were he to bubble” that was “insane” and win the nomination — would be “impossible.” He was not a lobbydisastrous for his party. On Nov. 9, ist, he proclaimed, but a prophet: with millions watching, he uttered “It turned out, unfortunately, that a bald lie that revived memories of I was right. ... And I think it’s a his most embarrassing moments in good case for breaking up Fannie Mae and Freddie Mac, and getting Washington. The moment of truth — much smaller institutions back or more accurately, falsehood into the private sector to be com— came when CNBC’s John petitive and to be responsible for Harwood noted that back in 2006, their behavior.” The transcript shows that Gingrich was paid $300,000 by Freddie Mac, the gigantic fed- after Gingrich pronounced those erally backed housing financier. closing conservative buzzwords

— “private sector,” “competitive,” “responsible” — the audience applauded. All politicians lie, but Gingrich specializes in this brand of self-puffing fantasy. The actual history of his employment by Freddie Mac, as excavated first by reporters at the Associated Press and more recently at Bloomberg News, is far less flattering to the former speaker than his own dramatic account. According to stories published by both news services since the debate, Freddie Mac hired Gingrich precisely to head off stronger regulation by arguing to Republicans that the mortgage firm had demonstrated the benefits of private-public partnerships. The executives who dealt with Gingrich remember no brisk lectures from the former history professor about their risky “bubble.” Instead, he attended strategy sessions at Freddie Mac’s Washington offices — and failed to live up to their hope that he would provide useful advice or written materials defending their business. As a congressman from Georgia, he promoted the same lending to low- and moderate-

income homeowners that he now denounces so bitterly, and got on the Freddie Mac sugar teat in 1999, within a year after resigning his congressional seat in disgrace. Indeed, today Bloomberg reports that Gingrich stuffed his bulging pockets with as much as $1.8 million in Freddie Mac consulting fees between 1999 and 2007. Confronted with the Freddie Mac denials this week, a Gingrich spokesman had the gall to cite a “confidentiality clause” in his 2006 contract that prohibits him from discussing his work for them. Evidently that clause only forbids him from telling the truth about the consulting deal, while leaving him free to invent a version that portrays him as prescient and honest. Gingrich’s conduct may not trouble the pork-choppers in the Republican hierarchy, who punted him as speaker only when he became a political liability after the Bill Clinton impeachment fiasco. But it ought to infuriate the tea party faction, which supposedly despises Washington insiders feeding off the public-private teat, as Gingrich obviously did.

He says that every contract he has signed since leaving Congress stipulates that he isn’t a lobbyist -- but many more questions might now be asked about the specifics of his “non-lobbying” business as an agent of influence for those who could pay his exorbitant fee. As’s Joan Walsh so wittily put it, even Newt’s baggage has baggage. His crude mistreatment of his first two wives makes Herman Cain look chivalrous; his flip-flopping on climate change and health care makes Mitt Romney look consistent; his antiMuslim extremism (almost) makes Michele Bachmann sound tolerant; and his record as the first and only speaker ever to be punished by the House Ethics Committee makes Rick Perry appear virtuous. That momentary lead in primary polls may make Democrats wishful and hopeful, but this sequel to his failed career is more likely to end in farce — just like the original. Joe Conason is the editor in chief of Copyright 2001

Nov. 28-Dec. 4, 2011

Alice in Liberal Land

Alice in Wonderland was For example, if the economy written by a professor who also is going along well and you hapwrote a book on symbolic logic. pen to take a notion that there So it is not surprising that Alice ought to be more home ownership, encountered not only strange especially among the poor and behavior in Wonderland, but also minorities, then you simply have strange and illogical reasoning — the government decree that lenders have to lend to more of a sort too often found in low-income people and the real world, and which minorities who want a logician would be very mortgages, ending finmuch aware of. If Alice could visit icky mortgage standards the world of liberal rhetoabout down payments, ric and assumptions today, income and credit histoshe might find similarly ries. Thomas That sounds illogical and bizarre thinkSowell like a fine idea in the ing. But people suffering in world of Liberal Land. the current economy might not find it nearly as entertaining as Unfortunately, in the ugly world of reality, it turned out to be a finanAlice in Wonderland. Perhaps the most remarkable cial disaster, from which the econfeature of the world envisioned by omy has still not yet recovered. today’s liberals is that it is a world Nor have the poor and minorities. where other people just passively Apparently you cannot just accept whatever “change” liberals tack on your pet notions to whatimpose. In the world of Liberal ever already exists, without reperLand, you can just take for granted cussions spreading throughout the all the benefits of the existing whole economy. That’s what hapsociety, and then simply tack on pens in the ugly world of reality, your new, wonderful ideas that as distinguished from the beautiful world of Liberal Land. will make things better.


The Enterprise

The strange and bizarre characters found in Alice in Wonderland have counterparts in the political vision of Liberal Land today. Among the most interesting of these characters are those elites who are convinced that they are so much smarter than the rest of us that they feel both a right and a duty to take all sorts of decisions out of our incompetent hands — for our own good. In San Francisco, which is Liberal Land personified, there have been attempts to ban the circumcision of newborn baby boys. Fortunately, that was nipped in the bud. But it shows how widely the self-anointed saviors of Liberal Land feel entitled to take decisions out of the hands of mere ordinary citizens. Secretary of the Treasury Timothy Geithner says, “We’re facing a very consequential debate about some fundamental choices as a country.” People talk that way in Liberal Land. Moreover, such statements pass muster with those who simply take in the words, decide whether they sound nice to

them, and then move on. But, if you take words seriously, the more fundamental question is whether individuals are to remain free to make their own choices, as distinguished from having collectivized choices, “as a country” — which is to say, having choices made by government officials and imposed on the rest of us. The history of the 20th century is a painful lesson on what happens when collective choices replace individual choices. Even leaving aside the chilling history of totalitarianism in the 20th century, the history of economic central planning shows it to have been such a widely recognized disaster that even communist and socialist governments were abandoning it as the century ended. Making choices “as a country” cannot be avoided in some cases, such as elections or referenda. But that is very different from saying that decisions in general should be made “as a country” — which boils down to having people like Timothy Geithner tak-

ing more and more decisions out of our own hands and imposing their will on the rest of us. That way lies madness exceeding anything done by the Mad Hatter in Alice in Wonderland. That way lie unfunded mandates, nanny state interventions in people’s lives, such as banning circumcision ­— and the ultimate nanny state monstrosity, ObamaCare. The world of reality has its problems, so it is understandable that some people want to escape to a different world, where you can talk lofty talk and forget about ugly realities like costs and repercussions. The world of reality is not nearly as lovely as the world of Liberal Land. No wonder so many people want to go there. Thomas Sowell is a senior fellow at the Hoover Institution, Stanford University, Stanford, CA 94305. Copyright 2011

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The Enterprise-Utah's Business Journal, Nov. 28, 2011  

Nov. 28, 2011

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