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Sunrise Family Farms: Tasting ‘organic’ growth
NORWICH — The first goat was domesticated in Mesopotamia 5,000 years ago. The warm climate formed a curd in stored milk, which one adventurous soul discovered was tasty. Thus began the making of yogurt. Fast forward 5,000 years. In 2000, America boasted 80 yogurt plants producing 2 billion pounds of the dairy product. A dozen […]
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NORWICH — The first goat was domesticated in Mesopotamia 5,000 years ago. The warm climate formed a curd in stored milk, which one adventurous soul discovered was tasty. Thus began the making of yogurt.
Fast forward 5,000 years. In 2000, America boasted 80 yogurt plants producing 2 billion pounds of the dairy product. A dozen years later, the number of plants spiked to 131 and Americans imbibed 4.5 billion pounds. In New York state, the amount of milk used to produce yogurt jumped from 158 million pounds in 2005 to about 1.2 billion pounds in 2011. Driving this explosive growth is America’s craving for Greek-style yogurt, which requires three times as much milk as conventional yogurt. By volume, Greek yogurt represented just 1 percent of total yogurt sales in 2007; today, Greek-yogurt sales account for more than half (52 percent) of all yogurt sales.
“Chobani created the Greek-yogurt industry in America,” says David Evans, president of Sunrise Family Farms, Inc., a co-packer (contract manufacturer) of quality, cultured dairy products, located in the town of Norwich (just east of the city of Norwich).
“Hamdi [Ulukaya, who founded Chobani in 2005,] educated the public to the taste of Greek yogurt, and our business rode along on his coattails. The big manufacturers like Chobani, Fage, Dannon, General Mills, and now Pepsi (which joined with The Theo Muller Group) are all fighting for market share as the demand for yogurt is expected to continue growing,” Evans explains. “Ignored in the yogurt wars is the rising demand for organic, all-natural, and gluten-free yogurt products. That’s where Sunrise steps in. We are a hometown creamery able to focus on the needs of entrepreneurs with new ideas and not just a processor of commodity products.”
Evans, a fourth-generation dairy farmer, decided in 1999 to expand the business, when he created the name Evans Farm House. In 2004, he added Sunrise as the marketing arm of the business, before renaming the company Sunrise Family Farms in 2010.
“The co-packaging operation has expanded dramatically,” notes Evans. “In 2010, this was a $3 million to $4 million business; today it’s a $12 million to $15 million business. We employ 50 people and expect to grow to 100 within a few years. There are three equal partners who own the company: Charlie Reinshagen, vice president and secretary; Sandy Grant, who is the treasurer and oversees the quality control; and myself. Sunrise has eight packaging lines producing mostly yogurt (80-85 percent), but also organic fluid milk and cream and even a dairy facial cream.”
Sunrise Family Farms currently has 12 active customers. “We have accounts across the country and also in Canada,” continues Evans. “We have a unique niche, because we are small enough to make batches of only 30 gallons and still large enough to make batches of a few thousand gallons. We work with a lot of entrepreneurs who have a dream but little knowledge of how to bring it to market. Sunrise can direct them to a company like International Food [Network, Inc.] in Ithaca to create the basic formula, and then we tweak the process to its conclusion. We also guide our customers to container and label manufacturers and advise them on transportation problems. That makes us both a co-packager and a consultant.”
The Norwich plant of Sunrise Family Farms, which comprises 11,000 square feet, is the original company site. To meet the rising demand, the private-label manufacturer has now opened a second location in Greene, about 20 miles away.
“We bought a 25,000-square-foot building [on 35 acres] that was built in 1995 but never used … because the owners went bankrupt,” says Evans. “Work is proceeding inside the building on the floors, to create rooms, and to build coolers. The investment to date in the building is $3.5 million, and the planned improvements, which should eventually add another 46,000 square feet, will total another $6 million to $8 million. The Greene site is serviced by the municipal electric company, which charges us 3.5 cents/kwh, a real benefit to a business that consumes a lot of energy. The way things are going, Greene may handle the regular production, and Norwich will focus on the specialty business.” The property is owned by an S-corporation called Chenango Valley Processors, Inc.
Customers
How does Sunrise find its customers? The answer is: “It doesn’t; the customers find us,” Evans asserts. “We don’t advertise, we don’t market our company, we don’t worry about competitors. Customers may read about us in publications or find us on the Internet. I probably get two to three calls a week from prospects. That lets us focus on the customers,” who Evans describes as 30 to 35 years old, on average, and thinking out-of-the-box.
A typical customer is Naturi, a micro business that wants to change the Greek-yogurt industry. Aditya Dhere and Anes Dracic originally presented their idea as a Capstone project at the Carnegie Mellon Tepper School of Business. While their peers focused on high-tech business concepts, the two entrepreneurs pursued the dream of producing the creamy recipe they grew up with, only modifying the taste and flavor using organic products and artisanal ingredients.
The company launched in February and added Jennifer Mrzlack, who brought experience from the food industry. Their biggest problem was sourcing, until they found Sunrise. To date, Naturi has raised money from family and friends, Carnegie Mellon University, and on Aug. 17 nearly $16,000 from 154 backers through Kickstarter. The Kickstarter investment funded the first production batch, which will be sold in organic and specialty-food stores as a high-protein, organic, and kosher-certified (through the Orthodox Union) yogurt.
The Sunrise management team
Sunrise Family Farms’ three partners act as its corporate management team. “Charlie and Sandy used to work at Elmhurst Dairy, where I sometimes bought equipment and containers,” notes Evans. “Charlie worked in operations and Sandy in quality control. We struck up a friendship. Charlie joined the business in 2008, and Sandy joined the following year. We work very well together.”
With consumer concern about food safety, the trio is currently pursuing SQF (Safe Quality Foods) certification. SQF is a process- and product-certification standard. It is a Hazard Analysis Critical Control Points-based food safety and quality-management system, intended to support industry or company-branded products and to offer benefits to suppliers and their customers. Products produced and manufactured under the SQF code certification retain a high degree of acceptance in global markets. “We expect to receive SQF certification by either the fourth quarter of this year or the first quarter of next year,” Evans avers.
Evans attributes some of the company’s co-packing success to vendors who offer professional advice. “The Greene expansion is funded by the Kinderhook Bank’s (Kinderhook Bank Corp.: [OTCQB: NUBK]) East Greenbush office,” notes Evans. “Our legal work is handled by Dave Sonn of Earlville, and Piaker & Lyons [P.C.] monitors the accounting from its Norwich office.”
Sunrise Family Farms is well positioned to enjoy not only the rapid growth of the yogurt industry in general, but also the growing consumer demand for more variety and for natural products. Its geographic location, proximity to millions of consumers, and unique market niche augurs well for continued success.
“Yogurt growth is probably in a 10- to 12-year cycle,” opines Evans, “with Greek yogurt remaining strong. But the market is changing with some consumers swinging back to conventional yogurt and others looking now at drinkable yogurt. While there will be new products [forthcoming], this is not a fad.”
Contact Poltenson at npoltenson@cnybj.com
SU researchers develop tool to track the performance of federal-court judges
SYRACUSE — Researchers at Syracuse University (SU) have developed a data tool that provides information on the performance of more than 900 federal district-court judges. The data tool, developed by SU’s Transactional Records Access Clearinghouse (TRAC) officially launched Oct. 14. TRAC announced the advancement in a news release distributed that same day. With the new
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SYRACUSE — Researchers at Syracuse University (SU) have developed a data tool that provides information on the performance of more than 900 federal district-court judges.
The data tool, developed by SU’s Transactional Records Access Clearinghouse (TRAC) officially launched Oct. 14.
TRAC announced the advancement in a news release distributed that same day.
With the new tool, the public can learn which judges handle the most civil-court cases, and how long it takes for judges to close those cases, says Gregory Munno, assistant research professor for TRAC.
“What’s the composition of those cases? How long, on average, does it take them to close each type of case? How many cases have they closed? How does that compare to other judges in the country?” he added.
Munno spoke with the Business Journal News Network on Oct. 17.
Users can analyze caseload and time-to-closure data by type of case, such as civil rights, product liability, and immigration.
The custom-built data application then automatically compares the findings for each judge to other judges in the same district and to the nation as whole.
That same day, TRAC released a report with findings mined from the new tool.
The report found caseloads have jumped 28 percent in the past two decades while the number of federal judges has increased only 4 percent.
It also found the time from when a civil matter is filed to when it is scheduled for trial has grown by 63 percent in the last 20 years.
In addition, the report found there’s surprising variation in the caseloads of individual judges and for districts as a whole, and not always in ways that one might expect. For example, the rural Eastern District of Texas, which centers on the small city of Tyler, is the busiest district court per full-time judge in the country.
Judge Information Center
SU is adding the new data on civil matters to TRAC’s existing Judge Information Center, which includes sentencing data for all federal criminal cases, along with tools to explore the practices of administrative immigration-court judges.
“Over and over again, history has shown us that a fair judiciary is essential for the maintenance of a functioning democracy,” David Burnham, an associate research professor at the Newhouse School of Syracuse University and TRAC’s co-director, said in the news release. “The Judge Information Center is dedicated to the belief that to assure this goal in the years ahead that the collection of independent, comprehensive, and accurate information about the working of the court system be expanded.”
Lawyers, law schools, judges, public-interest groups, and others have indicated “considerable interest” since the launch of the Judge Information Center’s criminal and immigration data service in 2012, according to the TRAC news release.
Even the U.S. Justice Department subscribes, the SU organization said.
The data behind the new tool comes from several sources, mixing publically available data from the Administrative Office of the U.S. Courts with data TRAC has mined from the electronic court-filing system known as PACER, as well as data that TRAC obtained from the Justice Department through a series of Freedom of Information Act requests and subsequent lawsuits.
PACER, a service of the Federal Judiciary, is short for Public Access to Court Electronic Records.
“The work it takes to compile, structure, and verify millions of records from disparate sources is considerable,” Susan Long, TRAC co-director and an associate professor at the SU’s Martin J. Whitman School of Management, said in the same news release. “We believe the results are worth it, with findings that provide researchers, journalists and lawyers unique insights into the least examined branch of government.”
Anyone with an Internet connection can access the data tool’s top-level statistics. Drill-down reports on each judge are available by subscription.
TRAC employs a sliding scale based on an organization’s nonprofit status and size to make its data tools accessible.
Burnham and Long founded TRAC 25 years ago. It is one of the “oldest independent organizations covering federal enforcement and federal judges,” according to the news release.
In addition to support from Syracuse University, foundations such as Carnegie, Ford, Knight, MacArthur, Rockefeller, and the CS Fund have also provided funding for TRAC, the school said.
Contact Reinhardt at ereinhardt@cnybj.com
USERRA law provides employment protection to military reserves
SYRACUSE — On Columbus Day, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) celebrated its 20th anniversary, but the fight for employment rights for those who serve our country is far from over, according to one Syracuse law firm that specializes in USERRA cases. Mathew Tully, founding partner, formed Tully Rinckey PLLC,
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SYRACUSE — On Columbus Day, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) celebrated its 20th anniversary, but the fight for employment rights for those who serve our country is far from over, according to one Syracuse law firm that specializes in USERRA cases.
Mathew Tully, founding partner, formed Tully Rinckey PLLC, to handle such cases after his own experiences with unfair employment practices while serving in the National Guard. It was after winning the case against his employer for improperly giving him poor performance reviews while he was on active duty with the Guard that Tully attended law school and set out to help others facing similar situations.
Tully Rinckey is an Albany–based law firm that also operates a Syracuse office at 507 Plum St.
USERRA establishes basic rights for service members to protect them from discrimination, to insure they are reinstated to the same pre-activation position, that they receive the same benefits as though there was no interruption in employment, and protects them from retaliation. USERRA protects reserve service members who did not receive dishonorable discharge or bad-conduct discharge and met satisfy pre- and post-employment employer notification requirements. The goal is to protect the civilian employment of non-full-time military service members.
“The vast majority of violations are unintentional violations of the law,” Tully says. However, there is no denying that unintentional or not, there has been a dramatic increase in USERRA violations since the Sept. 11, 2001, terrorist attacks. That’s because there was a surge in enlistment in the National Guard and other reserve components of the military.
Protection for members of the military dates back to World War II, Tully says. The intent was to protect those going off to fight the war from having to fight to regain their jobs when they returned, he says. “People should not be worried about their job if they go to war,” Tully says.
The problem currently is that there is a lack of awareness of USERRA and the rights it protects, he notes. In many cases, employers just don’t realize they are violating USERRA. One example is an employer that eliminates job applicants who indicate they are National Guard members from consideration for an open position, Tully says. The employer may think it is simply avoiding any headaches that may arise from having an employee deployed for active duty, but the law states that employees may not be discriminated against for military service.
While such unintentional violations happen often, Tully says he is also seeing more and more cases of willful violation. His firm recently represented a Jamestown police officer who successfully fought to have the way his vacation time was accrued so that it included his deployed years as part of his active employment. His employer had argued that those years did not count against the vacation-accrual schedule since he was not actively employed at that time.
“He was supposed to be treated as though he never left,” Tully says.
Tully estimates anywhere from 30 percent to 40 percent of USERRA cases are intentional violations.
With so many human-resources rules and regulations, he concedes it can be very difficult for both employers and employees to stay on top of it all. “It’s difficult for people to be aware of all the USERRA rights,” he says.
About 85 percent of his cases are settled with a demand letter to the employer, Tully says, but the real solution is to raise awareness of USERRA.
Employers can also reach out to the U.S. Department of Labor’s Veterans Employment and Training Services (VETS) program for information. “Their job is to go out there and provide education and support to employers,” Tully says.
Information and guidance is also available through the Defense Department’s Employer Support of the Guard and Reserve (or ESGR) office, which has a committee in each state.
In addition to Albany and Syracuse, Tully Rinckey also has locations in Buffalo; Rochester; Washington, D.C.; Arlington, Va.; and in September, opened an office in San Diego, Calif.
Tully Rinckey’s practice areas include family and matrimonial law, criminal defense, labor and employment law, personal injury, estate planning, Social Security law, bankruptcy, military law, and appellate law.
Contact the Business Journal at news@cnybj.com
Accountant discusses tax incentives for N.Y. manufacturers
SYRACUSE — New York manufacturers are benefitting from the state new tax-reform legislation and the Excelsior Jobs program, which the state enacted more than four years ago. The two topics were part of a presentation Joseph Hardick, a certified public accountant (CPA) and a partner at Dannible & McKee, LLP, delivered at the firm’s annual
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SYRACUSE — New York manufacturers are benefitting from the state new tax-reform legislation and the Excelsior Jobs program, which the state enacted more than four years ago.
The two topics were part of a presentation Joseph Hardick, a certified public accountant (CPA) and a partner at Dannible & McKee, LLP, delivered at the firm’s annual manufacturing conference held Oct. 21 at the Holiday Inn Syracuse-Liverpool at 441 Electronics Parkway in Salina.
Dannible & McKee, LLP is a Syracuse–based accounting firm.
Hardick’s colleague, Richard Maxwell, also a partner in the firm and a CPA, addressed the same topics in an interview with the Business Journal News Network on Oct. 20.
Corporate tax reform
Gov. Andrew Cuomo on March 31 signed a bill enacting “the most significant reform of New York State’s corporate-tax system since the 1940s,” which will mean changes that will apply to tax years beginning on or after Jan. 1, 2015.
That’s according to the website of New York State Department of Taxation and Finance and its page dedicated to corporate-tax reform.
Part of the tax-reform legislation addresses a manufacturer’s economic nexus, or its range of economic presence. That nexus for a New York firm could include a company’s physical presence, employees, or assets in New York, which make it subject to state taxation.
The new law creates a new economic-nexus standard linked to sales in New York. It’s a “bright line,” or clearly defined, economic standard for taxation for corporations deriving at least $1 million of receipts from activities in New York beginning Jan. 1.
“Out-of-state corporations that are conducting business in New York, [are] now subject to that bright-line test whereby if you have at least a $1 million in gross receipts from sales in New York state after [Jan. 1, 2015], then those out-of-state corporations will now be subject to tax,” says Maxwell.
Before the bright-line test, he says a firm either had to have property or payroll in the state. The bright-line test, which focuses on sales, makes it “a little more expansive and expands the tax base for out-of-state companies.”
The same legislation also includes a new zero tax rate on business income for qualified manufacturers, which became effective for tax years beginning on or after Jan. 1, 2014.
Maxwell cites a 2007 law on the same topic as having the original definition of a qualified manufacturer as one with more than 50 percent of its gross receipts coming from the sale of goods produced.
That was called the “receipts test,” he added.
A firm also qualified if it either had at least $1 million of qualified property in New York, or all of its property in the state. That was called the “property test,” he says.
The 2014 tax-reform law expands the definition of a qualified manufacturer to include a corporation or a combined group with at least 2,500 employees engaged in manufacturing in New York and having in-state property used in manufacturing with an adjusted basis for federal tax purposes of at least $100 million at year’s end.
“…then you’re also going to be subject to that zero percent tax rate,” says Maxwell.
The zero tax rate only applies to corporate taxes (C-corporation); therefore, all other forms of entity S-Corporations, LLCs, partnerships, and sole proprietors, which are taxed at the individual level, do not benefit from the zero tax rate.
The legislation also includes a real property tax credit for manufacturers, which became effective for tax years beginning on or after Jan. 1, 2014.
Qualified New York manufacturers can claim a credit equal to 20 percent of their real property taxes paid during the taxable year on property it owns and principally uses in New York.
“And that property has to also be principally used in manufacturing, so it just can’t simply be … an office building that’s not principally engaged in manufacturing,” says Maxwell.
Excelsior Jobs program
Former New York Gov. David Paterson on June 22, 2010, signed the bill creating the Excelsior Jobs program under the New York State Economic Development Law.
The state created the program to provide job creation and investment incentives to firms in certain industries, including manufacturers.
Eligible companies can apply for up to four, fully refundable tax credits.
The program is available to qualifying businesses for a 10-year period.
A manufacturer must meet certain job and investment thresholds to satisfy the program requirements.
The available tax credits are the Excelsior jobs tax credits, which allows a firm to claim a credit of 6.85 percent of wages, per new job.
“So, it’s by position effectively,” says Maxwell.
The 6.85 percent credit is designed to assist with offsetting a portion of the associated payroll costs for hiring new employees.
Firms can also claim the Excelsior investment tax credit, which is equal to 2 percent of qualified investments.
The credit is “very similar to the old investment tax credits that New York state has had for years,” says Maxwell.
A qualified investment generally means an investment of tangible property, which includes equipment and machinery, office furniture, computer and related office equipment, and a building and related structural components.
Firms can also claim Excelsior research and development credit, a claim of 50 percent of federal R&D. The credit is limited to 3 percent of total research expenditures in New York.
The Excelsior real-property tax credit is available to businesses located in certain distressed areas, which have been labeled as an investment zone; or to businesses in targeted industries that meet higher employment and investment thresholds that the state would consider a “regionally significant project,” according to the program outline on the website for Empire State Development.
A firm can claim a credit of 50 percent of eligible real property taxes in the first year. The credit is then phased out over the next remaining nine years at 5 percent per year.
For example, the allowable real property credit in year-2 would be 45 percent, and the credit for year-3 would be 40 percent.
Contact Reinhardt at ereinhardt@cnybj.com
5 Strategies for Small-Business Owners to Lower Taxes before the End of the Year
Although you may not be thinking about tax-season preparation just yet, fall is the perfect opportunity to get ahead and organized. Small-business owners and entrepreneurs typically rush to pull together reports at the end of the year, which can become stressful and hectic. All business owners — including doctors and dentists managing their own practices,
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Although you may not be thinking about tax-season preparation just yet, fall is the perfect opportunity to get ahead and organized. Small-business owners and entrepreneurs typically rush to pull together reports at the end of the year, which can become stressful and hectic. All business owners — including doctors and dentists managing their own practices, and real-estate agents running their own agencies — can improve their tax position with the right prep work. These are simple, yet effective, strategies that owners and entrepreneurs can take to reduce taxes before the end of the year.
Start with the 12×12 system
For 12 consecutive days, one day at a time, go over each month of the year to review bank accounts, gather receipts, and find canceled checks — if you don’t currently have financial statements — and go through checking accounts to find tax-deductible items. Then, place each month’s records in an organized folder for either your tax preparer or accountant. This approach presents 12 opportunities to analyze your tax situation and make adjustments prior to the end of the year, and gives you an idea of your tax liability.
Find easy steps to reduce liability
Now that you have a benchmark number, face it and find ways to reduce it. Put your fixed expenses on paper and seek out opportunities to have a better tax position. Determine the items that can become tax benefits and those that can be written off — but don’t write-off items just for the sake of it. Do so for the beneficial reasons to get money back in your pocket, and then determine where to invest it, such as contributing to a retirement account.
Give the gift of marketing
The holidays are approaching, which means gift-giving is under way. As you may or may not know, gifting clients has a write-off limit of $25 per person, and many business owners often exceed the limit. However, if business owners include marketing materials and business information with their gift, the items are considered a marketing ploy rather than a gift and do not have a write-off limit. These items can therefore be written off for the entire expense.
Track all charitable donations
Many business owners do not take advantage of the ability to set up their own charitable organization. At the end of the year, if you determine that your taxes are very high, you can donate to your own organization and receive a tax deduction. This not only creates the opportunity to lower your tax bill, but it also positions the company favorably, as people like to conduct business with companies that are serving the community.
Open separate companies
Business owners can open a separate company for sellable content or products and have two entities. This provides a multitude of benefits, but from a tax perspective, you have the option to invoice one entity, based on services rendered, ultimately lowering your tax bill.
As a business owner and entrepreneur, looking to do what is best for your business, taking the time and effort to prepare your taxes will help you capitalize on opportunities than can lower your tax bill. Even though it is not tax season yet, a lack of planning can put your tax position at a disadvantage. Taking these strategies into consideration and being proactive about your taxes is the key to finding ways to lower your tax bill before the end of the year and fuel success for the year to come.
Karla Dennis is an expert tax and business strategist. She is founder and CEO of a tax and accounting firm called Cohesive, based in Southern California, and is licensed to represent taxpayers in all 50 states. She is also an accomplished speaker and the author of two tax strategy books, called “Against the Odds” and “Tax Storm.”
Five Signs that your Business is Doomed
We have seen many companies go into bankruptcy over the years, and there are some common issues with most of them. These are issues that may not necessarily show up on the accounting balance sheet, but in my experience they are sure signs that trouble is ahead. If some of the signs on this list
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We have seen many companies go into bankruptcy over the years, and there are some common issues with most of them. These are issues that may not necessarily show up on the accounting balance sheet, but in my experience they are sure signs that trouble is ahead. If some of the signs on this list apply to your company, then some major course corrections may be in order. If all of the signs apply, then your business is probably doomed.
1. The owner’s son or daughter is going to take over, no matter what, and he or she is unqualified. In many family-owned businesses, the company falls apart in a few generations because owners conflate a management-succession plan with an estate plan. Giving Junior ownership of the family business after the founder is gone is fine, but management should only consider giving Junior the job of running the company if he or she would reasonably have been hired by an objective HR manager from among a pool of qualified candidates. Unlike good looks, managerial competence is not an inherited trait.
2. The company does basically one thing, and the way it does that one thing has not changed in 25 years. Think for a moment about how different your life is now from life in 1989, and then reflect on how differently your company delivers to customers today than how it did in 1989. If your business delivers to customers in the exact same way as it did in 1989, then trouble is likely ahead.
Established companies that have been doing the same thing for a long time can easily get lulled into a sense of complacency, and not make needed, expensive upgrades to stay competitive until it is too late. The world is changing rapidly, and there are very few areas that have not been affected. Example 1: Kodak just kept making film instead of fighting like mad to get into digital cameras. Then it went bankrupt. Example 2: In the 1990s, Smith-Corona made a smart move by moving its typewriter factory from high-cost New York state to low-cost Mexico. The problem? The company was still making typewriters. Then it went bankrupt.
Admittedly, some businesses really will never have to change. Amish farmers probably won’t go out of business because they don’t have Twitter feeds. Most companies are forced to change in fundamental ways, however, or they end up on the auction block
3. The only way the company has enough money left for operations is for ownership/management to work for free. While it may be inspirational to the employees, it is a bad sign that the ownership of the business is working for free. In a lot of situations, companies’ management/owners will forego or greatly reduce their salaries and distributions in an effort to keep the business afloat. Doing this for a few weeks may just be a sign that the company is going through a temporary rough patch. Doing this for months, however, is a sign that the company operations don’t bring in enough revenue anymore. Doing this for years (and yes, that does happen) is a sign that the business is doomed.
In economic terms, the purpose of a business is to make money for its owners. If it does not make money for its owners, then what is the point of running the company?
4. The company does not make a profit from its operations. Businesses are supposed to do things and produce things, and then they are supposed to make money from these products and services. This may seem obvious, but a lot of companies, both large and small, are afflicted by the deadly disease of not actually doing much of anything at all, and thereby not making any money from what they do.
Startup companies sometimes hide this by getting more cash from hapless investors and crowdfunding (e.g., Pets.com), and established firms hide this by selling assets and accumulating uncollectable receivables (e.g. Enron). Eventually, the day of reckoning arrives when no one puts more money in the Kickstarter campaign, or there are no more old assets for the business to sell. A company cannot escape the fact that it must actually do things and make things that make money.
5. Management is clueless and lacks clear plans for the future. This ties in with signs 1-4. If the management refuses to acknowledge critical problems like those above, then the problems won’t be fixed and the company is doomed.
Beautiful formal business plans themselves never, ever save a company. Indeed, for some companies a very simple business plan is the best thing. The real issue is whether management can answer the following question: What are the specific problems that will come up in the next five years, and what are you planning to do to fix or prevent them? If management can’t identify and fix problems then the company is going to have a tough time, regardless of the formal business plan.
Neil J. Smith is an attorney with Mackenzie Hughes LLP in Syracuse. He is a member of the business department focusing on bankruptcy law. Smith represents businesses in bankruptcy proceedings, and he assists businesses with debt reorganization and workouts. This viewpoint article is drawn and edited from a posting on the Mackenzie Hughes Plain Talk blog. Contact Smith at nsmith@mackenziehughes.com
N.Y. manufacturing index plunges in October
The Federal Reserve Bank of New York reported Oct. 15 that its Empire State Manufacturing Survey general business-conditions index plummeted 21 points to 6.2 in October. That missed analysts’ average estimate of a reading of 20.5 this month, according to Yahoo Finance data. The index decline signals that the pace of growth “slowed significantly” from
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The Federal Reserve Bank of New York reported Oct. 15 that its Empire State Manufacturing Survey general business-conditions index plummeted 21 points to 6.2 in October.
That missed analysts’ average estimate of a reading of 20.5 this month, according to Yahoo Finance data.
The index decline signals that the pace of growth “slowed significantly” from a strong September, according to a New York Fed news release posted on its website.
But since the reading remained above zero, it indicates that the manufacturing sector in New York is still growing in October.
The index is still in “positive territory,” says Randall Wolken, president of the Manufacturers Association of Central New York.
“Overall, I’m satisfied with this month’s report. I’d like to continue to see more rapid growth … There’s nothing that would suggest at this point that businesses aren’t continuing to improve,” he says.
When the general business-conditions index falls below 0 on a consistent basis, Wolken adds, then manufacturers have “some challenges” and that hasn’t happened recently.
The general business-conditions index had risen nearly 13 points to 27.5 in September, its highest level since late 2009. Previous readings on the same index include 14.7 in August and 25.9 in July, according to the New York Fed.
A drop in the share of manufacturing respondents reporting that business conditions had improved relative to the preceding month drove the decline in the index in October. The share fell from 46 percent in September to 25 percent in October, while the share of respondents reporting worsening conditions was little changed at 19 percent.
The October survey also found the new-orders index dropped 19 points to -1.7, evidence of a slight decrease in orders.
Like the drop in the general business-conditions index, this decline reflected a “large” drop in those reporting an increase.
The shipments index tumbled 26 points to 1.1, indicating that orders were “flat” on the heels of a sharp increase last month, the New York Fed said.
“Obviously, we’d like to have seen new orders and shipments do better,” says Wolken.
The unfilled-orders index rose slightly but remained negative at -4.5. The delivery-time index was “little changed” at -5.7. The inventories index, which was up 10 points to 2.3, indicated that inventory had increased “slightly” after declining the prior three months.
Both price indexes declined, indicating a “slower” pace of growth in input and selling prices alike.
The prices-paid index fell 13 points to 11.4, its lowest level in more than two years, and the prices-received index fell 11 points to 6.8.
Employment indexes pointed to a “modest” increase in employment levels and “little change” in hours worked.
Wolken was “encouraged” by the increase in the employment indexes.
“Employment is usually a lagging indicator, which usually means people wait until they have significant opportunity before they hire,” he says.
The index for number of employees climbed 7 points to 10.2, and the average-workweek index dropped 4 points to -1.1.
Most of the indexes assessing the future outlook were down from last month. Nevertheless, they remained “fairly high by historical standards,” and conveyed an expectation that activity would continue to grow in the months ahead.
The index for future general-business conditions fell 5 points to 41.7.
“As long as people continue to remain optimistic as they look to their future … those are positive signs and those tend to drive investments,” Wolken says.
The future new-orders index fell 3 points to 42.3, and the future shipments index declined 5 points to 42.5.
The index for expected number of employees dropped to 12.5, and the future average-workweek index fell below zero.
The capital-expenditures index climbed 9 points to 21.6, its highest level in several months, and the technology-spending index rose to 15.9.
The New York Fed distributes the Empire State Manufacturing Survey on the first day of each month to the same pool of about 200 manufacturing executives in New York. On average, about 100 executives return responses.
Contact Reinhardt at ereinhardt@cnybj.com
Cuomo: renovated Liberty Garden Apartments in Rome reopen
ROME — Liberty Garden Apartments in the city of Rome have reopened following the first “substantial” renovation in the complex’s 62-year history. Gov. Andrew Cuomo announced the reopening in a news release on Oct. 21. Public and private partners gathered at the complex to acknowledge the redevelopment of a “distressed” public-housing project into 180 “affordable”
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ROME — Liberty Garden Apartments in the city of Rome have reopened following the first “substantial” renovation in the complex’s 62-year history.
Gov. Andrew Cuomo announced the reopening in a news release on Oct. 21.
Public and private partners gathered at the complex to acknowledge the redevelopment of a “distressed” public-housing project into 180 “affordable” homes for working families.
The improvements also included a new, 6,000-square-foot facility that can host educational programs and events, and includes a computer lab.
The structure, originally constructed in 1952 under the New York State Public Housing Program, includes eight brick buildings constructed in a garden-apartment configuration.
The heating system, insulation, kitchens, and baths within the apartments had become “functionally obsolete,” over the years, Cuomo’s office said.
For Rome Mayor Joseph Fusco, Jr., the project represented “the transformation of my old neighborhood.”
“It is very exciting to see the remarkable changes that the Omni Housing Development has given us. I look forward to the long-awaited completion of the project.
This project signifies a stepping stone in the right direction for housing development,” Fusco said.
Equity from federal and state low-income housing tax credits generated more than $33 million that partially funded the Liberty Garden Apartments project. New York State Homes and Community Renewal administers those low-income housing tax credits.
The Community Preservation Corporation, Federal Home Loan Bank, and the New York State Energy Research and Development Authority (NYSERDA) also supported the project.
Omni Housing Development and the Rome Housing Authority developed the project.
Transforming neighborhoods with new “affordable” housing is a “significant” step in economic revitalization, Anthony Picente, Jr., Oneida County Executive, said in the governor’s news release.
“It was no small task to revitalize 180 housing units and create a new community center and landscaping while at the same time reinventing this property into a premiere 7-acre site in the city of Rome,” Picente said.
He also acknowledged the work of Cuomo, HCR, the Rome Housing Authority, and Omni Housing Development.
Crews started phase I of the reconstruction work in 2012 and completed the job in 2013. Phase I rehabilitated three buildings, constructed six new buildings to create 78 family apartments, and constructed the 6,000-square-foot Edward Core Community Center.
The Mohawk Valley Regional Economic Development Council (REDC) supported the phase II as part of Cuomo’s efforts to engage regional stakeholders in projects that address local needs and grow the economy.
The Mohawk Valley REDC awarded more than a $1 million in funding to support the rehabilitation of three existing buildings to create 50 apartment units.
Phase III includes the rehabilitation of two buildings and the new construction of three buildings to create 52 apartments.
The third phase is more than 75 percent complete and is scheduled to be finished this winter.
New York State Homes and Community Renewal includes all of the state’s major housing and community-renewal agencies. They include the Affordable Housing Corporation; the Division of Housing and Community Renewal; the Housing Finance Agency; State of New York Mortgage Agency; and the Housing Trust Fund Corporation.
Homes and Community Renewal is in the second year of the $1 billion House New York program, which creates thousands of new units over five years, and is the largest investment in affordable housing in at least 15 years, Cuomo’s office said.
Contact Reinhardt at ereinhardt@cnybj.com
The political dogs were frothing recently. They blamed George W. Bush for the Ebola outbreak. One TV ad proclaimed that “Republican Cuts Kill.” It claimed big health-care cuts slowed down development of an Ebola vaccine. A top doc at our National Institutes of Health (NIH) claimed we likely would have had a vaccine. But NIH
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The political dogs were frothing recently. They blamed George W. Bush for the Ebola outbreak. One TV ad proclaimed that “Republican Cuts Kill.” It claimed big health-care cuts slowed down development of an Ebola vaccine.
A top doc at our National Institutes of Health (NIH) claimed we likely would have had a vaccine. But NIH lacked the money. The head of the Centers for Disease Control and Prevention (CDC) said something similar.
Meanwhile, the top Democrat on the House Budget Committee lamented the deep health-care cuts. He assured us they have held back our response to the Ebola outbreak.
There are just a few problems with this. One is that the CDC budget today is 25 percent higher than in 2008. It is 188 percent higher than it was in 2000. As for the NIH budget, it is double what it was 14 years ago. NIH is part of the Department of Health and Human Services. Its budget is up 9-fold since 1970. Does this sound like a starvation diet to you?
Besides, if the Republicans are so horrible, how did the NIH budget this year get to be $1 billion more than the president asked for? The CDC budget this year is also higher than the president requested.
Getting back to the flat-lining of the NIH budget. Before the flat-lining began, its budget soared 58 percent in four years.
Over the last 10 years, HHS asked for and received billions for an outbreak of this type. It got funds for a new office devoted to this and this alone. Two other big bills gave the agency billions to handle situations like Ebola. So what happened to that money?
Meanwhile, was Ebola really so important to the NIH? Over the last few years it has granted $400,000 to research diseases among male sex workers in Peru.
Also, $600,000 to study why chimps fling feces. Also, $1 million to study sexual attraction among fruit flies.
Then there was $700,000 to study the impact of TV and gas generators on villages in Vietnam. And $175,000 granted to a university to study how cocaine affects the sex drive of Japanese quail. And $500,000 for a study that will send text messages in “gay lingo” to meth addicts. Do you suppose some of this might have better gone to Ebola research?
The CDC spent $106 million for a swanky visitors’ center — duplicating one it already had. It spent $10 million for new furnishings for its lavish headquarters.
And $1.7 million to advise Hollywood on medical plots. Also, the CDC has a multi-billion-dollar slush fund. Much of it spent on other whacky projects.
All of this certainly shows that George W. Bush’s screw-ups brought on the Ebola crisis.
So what is the truth in this Ebola mess? With such conflicting claims, who can tell? The following is strictly a guess — based on human nature. The part of human nature that causes guilty people, backed into a corner, to come out fighting.
My guess is that the NIH and CDC guys know that their agencies have screwed up. Their first reaction: Blame Congress. Blame the Republicans. Blame the cleaning ladies. Blame the Koch brothers. Blame … Hey, let’s blame Bush!
From Tom…as in Morgan.
Tom Morgan writes about political, financial, and other subjects from his home near Oneonta, in addition to his radio shows and TV show. For more information about him, visit his website at www.tomasinmorgan.com
Protecting Critical Infrastructure Is An Investment In The Future
New York’s roads and bridges give us all a way to connect with each other. They are our way to get to work, to school, and to friends and family. Without a strong and reliable network of critical infrastructure, New York risks losing a resource that drives the economy and allows us to be competitive
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New York’s roads and bridges give us all a way to connect with each other. They are our way to get to work, to school, and to friends and family. Without a strong and reliable network of critical infrastructure, New York risks losing a resource that drives the economy and allows us to be competitive in the national and global job market. For this reason, I support initiatives aimed at maintaining and improving New York’s means of transportation.
Windfall money should be used for long-term solutions
A recent infusion of several billion dollars from settlements with the French bank BNP Paribas has given state decision-makers a unique opportunity. By using this money to make long-term fixes to lingering problems plaguing communities, we can ensure a more fiscally sound future.
The transportation of commuters, goods, and emergency supplies is vital to a successful economy and keeps our communities running on all cylinders. I proudly supported an additional $75 million in funding for the Consolidated Highway Improvement Program (CHIPS), which was included in the 2013-2014 State Budget. We must continue to provide adequate funding for our local roads and highways, which account for nearly half of the mileage of all New York’s cars.
Poorly maintained roads and bridges lead to wear-and-tear on vehicles and increased chances of accidents. Nationally, potholes cost drivers more than $6 billion, according to inflation-adjusted statistics from AAA. Crumbling infrastructure also affects commerce and leads to longer travel times for residents, businesses, and emergency-service vehicles.
Planning ahead
The new Tappan Zee Bridge is still a giant question mark for New Yorkers. The lack of a financial plan, inappropriate money-grabs for funding not meant to build bridges and a complete lack of planning and organization have led many to question how this project will be funded, what it will cost taxpayers, and whether it will drive up tolls. The secrecy surrounding the project is inexcusable. Using the BNP settlement money to help offset project costs would decrease the need for taxpayers to finance this project and limit the interest needed to pay for it.
Investing in our infrastructure is a commitment to our communities and to our economy. With the BNP settlement, we are fortunate to have the means to make improvements that will produce immediate and long-term benefits.
Brian M. Kolb (R,I,C–Canandaigua) is the New York Assembly Minority Leader and represents the 131st Assembly District, which encompasses all of Ontario County and parts of Seneca County. Contact him at kolbb@assembly.state.ny.us
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