JANUARY 2010 Our next

SBJ CommunityLeaders’Breakfast

Fri., Jan. 22, 2010 at John A. Logan College

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InsideJ A N U A R Y | 2 0 1 0

The Southern Business Journal (USPS #019988) is apublication of The Southern Illinoisan. Contact us via mailat 710 N. Illinois Ave., Carbondale, IL, 62901, or at P.O.Box 2108, Carbondale, IL, 62903. Also reach us on theWeb at www.sbj.biz and via e-mail atSBJ@thesouthern.com. The Journal is published 12times per year monthly, and mailed to businesses,community development leaders, chambers of commercemembers and other professionals in Southern Illinois.Periodicals Postage Paid at Carbondale, IL. Copyright2004 by The Southern Illinoisan, all rights reserved.Postmaster: Send address changes to: SouthernBusiness Journal, P.O. Box 2108, Carbondale, IL 62902.A subscription may be obtained by calling 618-529-5454or 618-997-3356, or by visiting our Web site.

Contact usPublisher:

Dennis M. DeRossett �618-351-5038

Editor:

Gary Metro � 618-351-5033

Advertising:

Abby Hatfield � 618-351-5024

Circulation:

Trisha Woodside � 618-351-5035

Database Coordinator:

Mark Doman � 618-351-5042

18 Southern Illinois counties duringOctober, the last month for which complete statistics are available.Franklin County had the highestunemployment rate at 15 percent;Jackson County had the lowest at 7.8percent. In other measures, somecounties experienced increases inhome and vehicle sales, while air travel at Williamson County RegionalAirport grew significantly over the prior year.

Pages 10-11

EMPLOYMENT LAW Amendments add to numbers of disabled: Under the Americans withDisabilities Act, a person is consideredto be disabled if he or she has a mental or physical impairment that“substantially limits a major life activity.” Major battles have beenfought in court over the terms “substantially limits” and “major life activity.” Bottom line: The amendments’ definitions of theseterms are intended to increase thenumber of people in the workforce considered to be disabled.

Page 12

ACHIEVEMENTSCatch up: Find out who has beenhired, who has been promoted or whohas received an award for their effortsin business. If you know of a businessor business person who deserves special recognition for advanced train-ing, a unique honor or an expansion ofbusiness, please let us know at sbj@thesouthern.com.

Page 18

InsideAuffenberg of Carbondale .................. 18

Carbondale Civic Center ...................... 6

Egyptian Electric Cooperative................ 3

Feirich, Mager, Green & Ryan.............. 18

Henry Printing ...................................... 9

Jackson & Gray Insurance .................... 9

Jim’s Mobile Offices & Homes ............ 9

John A. Logan College ........................ 16

Leading Lawyers .................................. 7

Pepsi MidAmerica .......................... 5, 18

Property with TLC, LLC ........................ 14

Raymond James Financial Service .... 14

Samron Midwest Contracting ........ 10-11

Sanberg, Phoenix & Von Gontard ........ 3

SchoolCenter ...................................... 8

Southern Illinois Healthcare................ 20

Southern Illinois University ................ 13

Stiles Office Equipment ........................ 5

Directory of Advertisers

COVER STORYTen tips for 2010: David Lettermangained TV fame with his nightly “Top Ten” list, but business people are looking for profits instead oflaughs. Forecasts call for anothertough year, but the region’s businessleaders and experts believe there arecertain strategies and practices thatwill help start the new year on theright foot. You might be surprised tosee some of the recommendationsthat involve spending in a tight economy, but the suggestions areaccompanied by good long-term expectations for the bottom line.

Pages 4-6

ENTREPRENEUR’S MAILBAG Looking for fresh perspective: It’s agood time to look at the performanceof a business over the past year anddetermine what steps worked well —and which were less successful. Business people who are seeking new ideas, added energy or a uniqueperspective might consider the creation of an advisory board. Not to be confused with a board ofdirectors, a business advisory boardcan boost credibility and open newdoors, if it is organized and operatedproperly.

Page 9

INDICATORSLatest unemployment statistics: Thejobless rate rose in all but three of the

JANUARY 2010 SOUTHERN BUSINESS JOURNAL 3

‘Leaders’ speaker focuses onbuilding relationships in business, life

Byrd Baggett plans to bring a positivemessage of reaching for significance –instead of focusing solely on success – to

community andbusiness leaders inSouthern Illinois.

Baggett, anationally knownspeaker and author,will be returning asthe keynote speakerat the CommunityLeaders Breakfast onFriday, Jan. 22, 2010,at John A. Logan

College in Carterville. The event issponsored by the Southern BusinessJournal and The Southern Illinoisan.

“To start the New Year, we wanted tohave a message that is motivational,inspirational, and Byrd Baggett is certainto deliver just that. He has spoken beforeat one of these events, and everyone wentaway very touched and very moved by his

message,” said Dennis DeRossett,publisher of SBJ and the newspaper.

“In these tough economic times, at thestart of a New Year, it is important that ourbusiness and community leaders hear thismessage so that we begin 2010 with theright attitude, focus and cooperative effortto make this region a better place.”

Baggett expects his presentation to helppeople on more than one level.

“It will help people as much personallyas professionally,” Baggett said of hisplanned presentation, which is titled,“Drought Proof: How to Keep YourBusiness Green and Growing duringTurbulent Times.”

With negative news dominating newsheadlines, 2009 has been a depressing yearfor many. Some believe it’s a time to renewtheir focus on the basics of business,including business relationships.

Baggett said building successfulrelationships will always be the key toexpanding any business.

THE SOUTHERN BUSINESS JOURNAL

Baggett

SEE BAGGETT / PAGE 18

JANUARY 2010SOUTHERN BUSINESS JOURNAL4

Cover StoryGet the new year started right with our 10 business-savvy tips for 2010

Regardless of the sector, size orstructure, and almost without exception,business owners and leaders are entering2010 with guarded hopes that the newyear will be better for their companiesthan the previous 12 months. As in anyyear, the changing of the calendar willbring new challenges, new developmentsand new avenues for business to expand,change and succeed.

What should the savvy business persondo to profit in the year ahead? Here are 10strategies offered to The SouthernBusiness Journal by regional businessleaders and experts.

11.. WWaattcchh tthhee bboottttoomm lliinneeIf business leaders learned anything

during 2009, it was how to survive duringeconomically challenging times. In manycases, organizations that make it through arecession emerge more streamlined andefficient by keeping a vigilant watch onexpenses, according to Southern IllinoisHealthcare Chief Executive Officer RexBudde.

“We always see massive layoffs fromhuge corporations during tough economictimes, but I never have understood howyou could have thousands of people morethan you needed in your organization inthe first place,” Budde says.

He says those situations are the result ofcompanies forfeiting a sort of self-controlwhen times are good.

“I think they get caught up in theeuphoria of success and lose focus on costcontrol. That hurts them when thingsslow down.”

Instead, Budde recommends thatcompanies strive for fiscal responsibility,but not at the expense of customers.

“You have to be financially responsible,but people look for quality and they lookfor service. Those organizations which aresuccessful figure out how to be all three.”

22.. BBee pprreeppaarreeddIt may be the Boy Scouts’ motto, but

financial planner Jeff Rose of AllianceInvestment Planning Group in Carbondalesays the mantra should be maintained byany business that wants to be successful in2010.

“I think cash is king for all businesses,but especially when it comes to the world

of small business owners,” Rose explains.“In a recession, things can get slim andyou have to make sure you have a backupplan to keep you afloat.”

Rose says that a cash reserve also canallow businesses to grow even duringeconomic downturns.

“Having money in the bank allows youto take advantage of opportunities.Whether it’s a new marketing strategy ormaybe the chance to buy out a competitor,you have to have cash in order to do that.”

33.. TTaapp iinnttoo oouuttssiiddee ddoollllaarrssTo be successful in 2010, some experts

encourage area businesses to target peoplewho live outside of Southern Illinois forbusiness. In some cases, that meanscatering to tourists.

Russ Ward directs Southern IllinoisTourism Development Office. He says thatthe slower economy has more peoplevisiting Southern Illinois; he expects thetrend to continue this year.

“Tourism is one part of our localeconomy that is doing a little bit better.People in the Midwest that wouldnormally go to New York, Chicago orFlorida are staying closer to home. Oncethey do that, they tend to come back again

and again,” he says.Ward says tourism can be a big boost to

area businesses.“In Illinois, travelers spend on average

$125 per person per day. With so muchmoney coming into our area, businessesneed to make sure they get a part of it,”he adds. “Business owners need to develop a plan or idea to attract visitorsinto their business, no matter what theirbusiness is.”

Growing businesses should look outsidethe region and nation for new customers,explains Suzanne Nasco, an associateprofessor of marketing at Southern IllinoisUniversity Carbondale. She saysglobalization should not be ignored bybusinesses working to increase sales.

“Look beyond local markets for yourproducts and services,” she says. “The U.S.population is only 5 percent of the worldpopulation. There is a lot of businesspotential growth beyond our borders.”

44.. PPrreeppaarree ffoorr eemmeerrggeenncciieessThe year 2009 will be remembered in

Southern Illinois as one of the naturaldisasters. February ice storms wreakedhavoc in the southernmost counties.Downpours in March caused millions of

dollars of damage to Saline Countybusinesses alone. Many residents andbusinesses are still recovering from thesevere storms and related straight-linewinds of May 8. Despite these setbacks,some businesses were able to thrivebecause they had emergency plans inplace.

“Contingency plans are key foreverything from having emergency phonetrees to communicate with employees tosavings plans to ‘what if’ procedures,” saysLori Cox, director of Workforce andIllinois Small Business DevelopmentCenter at Southeastern Illinois College.“There’s nothing wrong with being ready,”she adds.

Cox says business owners should go sofar as to know where to turn for financingor other special needs following anemergency.

55.. EExxppaanndd nnooww“Even though we’re not out of the

national economic crisis yet, businessesneed to be ready to expand now,”recommends George Trammel, executivedirector of Marion Chamber ofCommerce. “There may be more capitalavailable for business this year, sobusinesses need to have a plan for whatthey’re going to do.”

Trammel, who predicts 2010 is going tobe a better year for small businesses, saysbusiness must always look at thepossibility to expand.

“I believe we’re moving from a time ofjust surviving to one of growth. I amtelling business leaders to be ready to takeadvantage of opportunities to grow yourbusiness,” he explains.

The bottom line, according to Trammel,is simple.

“Be ready, have your capital and have aplan,” he says.

66.. BBee pprrooaaccttiivvee iinn mmaarrkkeettiinngg aannddccuussttoommeerr sseerrvviiccee

A key to growing business in the newyear is to go against conventional wisdom,according to George Sheffer, owner ofMurdale True Value in Carbondale.

“When times get slower or tougher, ifyou’re a good company, you don’t holdback,” he says. “Instead, don’t panic anddon’t cut back on the things that are soeasy to cut back on.”

Sheffer says it’s the best time to increaseadvertising, improvements to your

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JANUARY 2010 SOUTHERN BUSINESS JOURNAL 5

storefront and involvement in thecommunity.

“You want to position yourself so you’lldo better not just in the rough times, butyou’ll also be in a better position whentimes improve. Move on and forward anddon’t hold back,” he says.

He also recommends increased trainingof employees both in product knowledgeand in customer service techniques.

“The more you train, the more you haveyour people serving at a higher level, andthe better you’ll do,” he says.

Cox says that in many ways successcomes with a return to basics.

“Do what you do and do it well. Makeyour customers happy and give them aquality product,” she says. “That, in turn,will keep your business growing slowlyand steadily.”

77.. TTaakkee aaddvvaannttaaggee ooff tteecchhnnoollooggyyFrom telephones that provide instant

information on practically any topic tocustomers connecting with businesses andwith one another through social networks,businesses must keep pace with changingtechnology.

“In Southern Illinois, I think we’re waybehind the mark in terms of businessesembracing technology. Compared to largecities, we seem to be three to four years

behind,” explains Curtis Baird, co-founderof SchoolCenter, a Carbondale-basededucational Web site developmentcompany. “In the cities you can do prettymuch anything online from making anappointment for an oil change to orderingfood.”

Baird said that he believes people, ingeneral, want to do business locally, butthey also want to access services andmerchandise online.

“That’s a huge opportunity for growthin ways that many local people haven’t yetthought about,” he says.

One online avenue that is gaining afoothold across the region is socialnetworking — Web sites such as Facebook,MySpace, Twitter and LinkedIn, whereusers are able to connect with friends,relatives, associates and favoritebusinesses through the Internet.

“Social media is basically a catch-phrasefor any promotional communications thatencourage a two-way dialogue betweenthe company and its customers,” Nascoexplains.

What started as a means for high schooland college students to keep tabs on oneanother is becoming a “must” for

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JANUARY 2010SOUTHERN BUSINESS JOURNAL6

businesses and organizations to reach thegeneral population.

“It’s not just for young audiencesanymore,” she says.

Baird agrees.“I think in 2010 we’ll see the

mainstream adoption of Facebook,Twitter and the like by people of all ages,”he says. “The key for business will be howto get your customers to talk about you ontheir sites or pages, because every timethey do, it will help drive business to you.”

88.. SSttrreennggtthheenn llooccaall ttiieessExpanding businesses overseas and

online can bring completely newcustomers to Southern Illinois companies,but several experts remind businesses toalso think locally.

“Don’t ignore your local base. With therecession, many consumers are looking fordeals, but also want to support localbusinesses,” Nasco explains.

She says she encourages businesses towork with organizations that promotebusiness on the local level such aschambers of commerce for a variety ofreasons, including the groups’ willingnessto help businesses with marketing andtechnology.

Ward says businesses desiring to tapinto the tourism market should turn toorganizations that will work in tandemwith them to get the word out.

“Help us make sure that visitors knowabout your business,” he says. “Businessesadvertising on their own is important, butthere are many other strategies and theyneed to make sure to take advantage ofprograms that are free to them.”

99.. BBee ggrreeeennGoing green is not a new idea. Many

businesses have been promoting productsand services that are environmentally

friendly for some time. It’s a way of doingbusiness that will continue, according tolocal business analyst Cavanaugh L. Grayof The Entrepreneur Café in Carbondale.He says it also is an area of business withsome new opportunities. For example,Gray says he can envision 2010 to be abanner year for automotive innovations.

“With the government taking a personalinterest in the U.S. auto industry, I thinkthere will be continued opportunities forentrepreneurs and other business ownerswho are spearheading energy efficiencyand technology efforts for automobiles,”he says. “With the Department of Energymaking some $40 billion available forclean technologies, we should see a lotmore of these experimental ideas beingcommercialized in 2010.”

Gray says many consumers willcontinue to search out green productsfrom cars to cleaning products as part of amore ecologically conscious lifestyle.

1100.. SSttaayy ppoossiittiivveeAll of the experts expect the economy to

improve in 2010, although perhaps slowly.Some say a rebound will be because ofsmall- to mid-size businesses.

“I think in the spirit of the U.S. as acountry and as a people, we always find away. And with the spirit of theentrepreneur, we’ll make it improve,” Rosesays.

Budde says it is likely thatimprovements stem from an upbeatattitude. “It’s important to maintain apositive outlook toward the future, andnot get up in the troubles of the present. Ifyou get caught up, you lose your spirit toinnovate and your desire to serve. Instead,you have to do everything you can to buildyour organization and build up positivemomentum.”

— Les O’Dell of Carbondale is a freelancewriter who regularly contributes to Southern Business Journal.

COVERFROM PAGE 5

Major worries cloud business skies for 2010Three concerns are weighing heavily

on the minds of many Southern Illinoisbusiness leaders entering 2010.Uncertainty about national health carereform, the Illinois state budget and thefinancial stability of Southern IllinoisUniversity Carbondale has manybusiness people, in a word, worried.

“I think there is a great deal ofuncertainty right now. Until the pictureout of Washington becomes moredefined and we all know what the rulesare, so to speak, people are sitting andwaiting before responding,” saysSouthern Illinois Healthcare CEO RexBudde. “Certainly there is a need formore services and a need to expandfacilities, but we have to be cautious inmeeting those demands because therules might change.”

Budde says health care reform may notonly affect his industry.

“It could impact any business thatpurchases health insurance or pays taxesand there is just a lot of unknown onhow it is going to affect businesses,” hesays. “I’m sure that businesses areworried about the expenses and if thereare going to be new mandates. There areramifications all across the spectrum.”

George Sheffer of Murdale True Valuein Carbondale says he is concernedabout what health care legislation maydo to an already sluggish economy.

“If the federal government startsbilling businesses for health insurance,that’s a great concern. I’m afraid thatmany companies’ first response may beto cut back on team members, so thatwill hurt everyone and slow theeconomy.

Of equal concern to Sheffer and otherbusiness leaders are ongoing problemswith the Illinois state budget.

“The state is in disarray because offinancing and they’re making it harderfor businesses to do business,” heexplains. “They want us to pay our bills,but if they do business with you, they’retaking longer and longer to pay us.Businesses are financing the debt of thestate of Illinois.”

Political analyst John Jackson of thePaul Simon Public Policy Institute atSIUC says the state budget woes affecteveryone in the region.

“We in Southern Illinois are practicallydependent on a variety of stateinstitutions and other agencies,” he says.“When hospitals, doctors, the universityand other agencies are unfunded, it takesa terrible toll on Southern Illinois. UnlessSpringfield gets its act together, it’sgloom and doom.”

Jackson says that in some cases thestate government is more than fourmonths behind in paying bills, to thetune of $4.5 billion. With 2010 as anelection year, he says he thinks the voterswill make some changes.

“I think we may see changes in theconstitutional offices of stategovernment, but probably no wholesalechanges in the General Assembly,” heexplains.

Jackson says voters tend to blame mostlegislators except their own for problemsin the capital, and that results in the re-election of incumbents despitedissatisfaction among the electorate.

After the election, Jackson says a taxincrease may be inevitable.

“Anyone who knows anything aboutthe state budget knows that we are goingto have to raise taxes. It is just a matterof when, what taxes and how much,” hesays.

While opponents of a tax increasepoint to the negative effects in attractingbusiness, Jackson says it is not only taxesthat keep businesses out of Illinois.

“Business and industry looking forplaces to locate look for a state that haslow taxes, yes; but they also look for atrained workforce, a solid infrastructureand an honest and transparentgovernment. They’re not seeing any ofthat in Illinois,” Jackson says.

The state budget deficit is alsoaffecting SIUC. Spending and hiringfreezes have been implemented to makeup for late payments from the state, andthere have even been rumors of acomplete closure of SIUC if things donot improve.

University Chancellor SamuelGoldman says not only do late andpartial payments hurt the institution,but the economy as a whole has not beenkind to SIUC.

“Everything in the economy impactsus. Because of where we are, we have tobring students to us,” he says. “When theeconomy is tough, students tend to staycloser to home, and that affects theuniversity as well as the local economy.”

Equally importantly, the economy andbudget crisis is changing the way SIUCadministrators look at the university.

“We have to become more like a privateuniversity than a public one. We have togo out into our alumni and to others toraise money. We have to find our moneysomewhere, whether through grants orcontributions. We have to either drawmore students to the area or become selfsufficient,” he says.

— Les O’Dell

JANUARY 2010 SOUTHERN BUSINESS JOURNAL 7

WorkplaceBalance occupational domains: SMART goals to keep resolutions

Happy New Year!Many of you arekicking off 2010with New Year’sresolutions.According to a studyat the University ofScranton, only 46percent of thosewho make NewYear’s resolutions

will fulfill them. Surprised? Research hasproven that it takes 21 days to form ahabit; and habits are essential if we wantto accomplish our goals.

If we want to be successful in thisendeavor, balance is a must. As anoccupational therapist, my job is to focuson the prevention of illness and disabilityand promote wellness in order to keep a

balanced lifestyle. So how do we do this?The AOTA (American OccupationalTherapy Association) promotes safety,healthy lifestyles and quality services forpeople with and without disabilities toimprove independence and quality of life.Occupational therapists work withindividuals across the life span to addressthe environmental, physical andbehavioral issues that can improveindependence while decreasing disabilityand illness. In my field, we address thethree domains of occupation: work, self-maintenance and leisure. In order toaccomplish that New Year’s resolution, itis important to have a balance.

Within a 24-hour day, you are engagedin one of those three occupationaldomains. How you define the domains isup to you. For example, I consider mymorning commute to work as work.However, at 4 p.m. Friday, my commutehome may be considered leisure if I’m

anxious to get my weekend started and Iam singing along with a favorite 1980ssong. Sleep, shower and eating fall intothe self-maintenance category.

Balancing your occupational domains isoften difficult because of our fast-pacedlifestyles. Most of us spend too much timein work. We just can’t turn it off. We don’tget enough sleep and we don’t have timefor exercise. We want to spend more timewith family and friends. So why don’t we?

As we push through 2010, here aresome important tips to consider whenestablishing your own SMART goals toget a handle on your occupationaldomains.

Set specific goals: Something you canachieve. Don’t just say “lose weight.” Bespecific: “I want to lose 15 pounds.”

Make sure your goal is measurable:What’s the time line? “I want to lose 15pounds by May 1.”

Make your goal achievable: Obviously,

you wouldn’t set your goal date to lose 15pounds by Jan. 21, because it’s highlyunlikely that you will achieve that.

Set a realistic goal: There are only 24hours in a day, so is it more realistic to lose15 pounds in four months or walk on thetreadmill five days a week? Obviously thefirst one, because it is specific,measurable, achievable and realistic.

Timely: Look at the timeline. Give 12months to accomplish your goal?

Keeping a well-balanced lifestyle willassist you with accomplishing the goals.With 2010 in full swing, I challenge you tolook within and make sure you are well-balanced with work, self-maintenanceand leisure.

— If you are interested in learning moreabout how to balance the occupationaldomains in your life, please contact DenaKirk at FIT FOR WORK in Herrin at 618-942-3088 or dena.kirk@sih.net.

Kirk

BY DENA KIRKSBJ CONTRIBUTOR

JANUARY 2010 SOUTHERN BUSINESS JOURNAL 9

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Entrepreneur’s MailbagFor good counsel, don’t skip advisory boards

Every year at thistime I evaluate TheEntrepreneur Café,LLC business plan. Iassess what has andhasn’t worked overthe past year andwhat’s on thehorizon for theupcoming year.

One of the areasthat stood out this year was a need toupgrade my roster of advisers. Asentrepreneurs, we often lack the fullinsight or objectivity it takes to move ourbusinesses forward. If you feel yourbusiness is in need of some new ideas ornew energy, now may be a good time toestablish an advisory board.

What is an advisory board?

One thing to keep in mind is that anadvisory board differs from a board ofdirectors, which is a legal entity that hasan obligation to the organization it isserving. A board of directors is responsiblefor the partial or full governing of thatorganization. An advisory board is more ofan informal collective of business peoplewilling to donate their time and energy tohelp your company take the next step.

The right advisory board can give yourcompany instant credibility and opendoors to opportunities. This group haslimited power, offering mainly advice onsome of your company’s most pressingissues versus wielding an iron fist overcompany decisions.

What to look for

It is OK to think big and be ambitious in

terms of recruiting advisers, but yourorganization may be better served bypeople with the proper level and type ofindustry experience. A good next stepwould be to develop a list of five to 10people who have the skills most needed byyour organization. Most advisory boardsare comprised of (but not limited to)individuals with finance, marketing, legaland administrative expertise. Be sure toapproach the right candidate with theright information by putting together aone- to two-page prospectus outliningyour company’s business details, how itwill operate and any financialcompensation for participating, if any.

Be sure to put into writing what isexpected of each advisory member. Next,remember that quality advisers rarelywaste time on less than stellar businessconcepts, so make sure that your ideas areof substance. Just having an advisory

board doesn’t automatically ensuresuccess; an entrepreneur must bereceptive to the advice given and bewilling to work hard to implement thatadvice. Be prepared to address companyissues by scheduling to meet with youradvisers two to four times a year. Meetingsshould be no more than two to three hourseach. Lastly, be sure to focus on a few corestrategies at each meeting, and get allagenda items to each member at least twoweeks in advance.

— Cavanaugh L. Gray is the director ofbusiness development for The EntrepreneurCafé, L.L.C. in Carbondale. He can becontacted at cgray@ecafell.com or 618-206-7013. For more information on establishing anadvisory board or for daily tips on how tostart, grow and succeed in small business,follow The Entrepreneur Café, L.L.C. onTwitter at www.twitter.com/TheECafe.

Gray

BY CAVANAUGH L. GRAYSBJ CONTRIBUTOR

S O U T H E R N I L L I N O I S I N D I C A T O R S

Prices at the pumpAverage price per gallon of regular, unleadedgas as of Dec. 10 and Nov. 17, 2009.

694Anna

Consumer credit scoreCredit scores are numeric reflections of financialbehavior and credit worthiness, and they are basedon information included in a credit report. Rangingfrom 330 to 830, a higher score means a lowercredit risk. Scores are from November 2009.

692U. S.

699State

698Region

SOURCE: EXPERIAN

SOURCE: AAA

Metro East $2.69 $2.61 $1.60Springfield $2.60 $2.58 $1.62Illinois $2.68 $2.69 $1.66U.S. $2.63 $2.63 $1.68

Dec 09 Nov 09 Dec 08

208

200

204

206

A

210

’08

212

M

214

A M

216

J

218

J

220

S OO N D J’09

F

Consumer Price IndexThe CPI measures average price changes of goodsand services over time, with a reference base of 100in 1982-84.To put into context, a current CPI of194.5 means a market basket of goods and servicesthat cost $100 in 1982-84 now costs $194.50.

U.S. city averageOct 09 216.2

Midwest urbanOct 09 205.7

SOURCE: U.S. DEPARTMENT OF LABOR

95949392919089

96979899

100101102103104105106107108

D J A M J J A S O NM J J A S O N D J F M A M J J A S O N F M

U of I FlashIndex

The Flash Index is an early indicator of the Illinois economy’s expectedperformance. It is a weighted average of growth rates in corporate earnings,consumer spending and personal income. An index above 100 indicatesexpected growth; an index below 100 indicates the economy is contracting.

Nov 09 91.0

Home sales Total units sold, including condominiums

SOURCE: ILLINOIS ASSOCIATION OF REALTORS

Alexander 6 4 � 50.0% 17 32 � 46.9% $37,450 $30,240 � 23.8%Franklin 67 84 � 20.2% 276 332 � 16.9% $59,500 $48,000 � 24.0%Gallatin 7 6 � 16.7% NA NA NA $40,000 $42,500 � 5.9%Hamilton 1 2 � 50.0% 7 8 � 12.5% $142,500 $117,450 � 21.3%Hardin 4 1 � 300.0% 0 0 0% $76,500 $30,000 � 155.0%Jackson 128 137 � 6.6% 383 467 � 18.0% $104,500 $104,500 0.0%Jefferson 81 98 � 17.3% 332 381 � 12.9% $84,200 $70,000 � 20.3%Johnson 16 22 � 27.3% 78 92 � 15.2% $44,000 $86,250 � 49.0%Massac 13 27 � 51.9% 112 128 � 12.5% $56,500 $68,000 � 16.9%Perry 23 36 � 36.1% 126 149 � 15.4% $42,500 $56,500 � 24.8%Pope 2 3 � 33.3% 10 9 � 11.1% $75,750 $73,000 � 3.8%Pulaski 2 3 � 33.3% 13 4 � 225.0% $47,500 $75,000 � 36.7%Randolph 34 34 0.0% 149 136 � 9.6% $68,500 $74,250 � 7.7%Saline 28 33 � 15.2% 80 78 � 2.6% $54,200 $35,000 � 54.9%Union 27 26 � 3.8% 101 91 � 11.0% $79,000 $70,250 � 12.5%Williamson 186 168 � 10.7% 639 705 � 9.4% $98,750 $99,500 � 0.8%ILLINOIS 32,460 32,358 � 0.3% 107,075 140,378 � 23.7% $165,000 $189,500 � 12.9%

Q3 09 Q3 08 Change 2008 2007 Change Q3 09 Q3 08 ChangeMEDIAN SALES PRICE

SOURCE: INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS, UNIVERSITY OF ILLINOIS

Hotel/motel statsTotal amount of revenue generated in Carbondaleby hotels and motels for room rentals only.

New vehicle sales Total cars, trucks sold based on title applications filed.Excludes motorcycles, trailers.

SOURCE: ILLINOIS SECRETARY OF STATE’S OFFICE. LATEST DATA AVAILABLE.

Alexander 13 12 � 8.3% 169 195 � 13.3%Franklin 81 101 � 19.8% 1,341 1,247 � 7.5%Gallatin 21 22 � 4.5% 294 225 � 30.7%Hamilton 15 16 � 6.3% 287 260 � 10.4%Hardin 9 12 � 25.0% 109 135 � 19.3%Jackson 97 158 � 38.6% 1,969 1,622 � 21.4%Jefferson 53 82 � 35.4% 1,270 1,105 � 14.9%Johnson 27 26 � 3.8% 481 419 � 14.8%Massac 28 24 � 16.7% 422 407 � 3.7%Perry 39 39 0.0% 689 638 � 8.0%Pope 8 9 � 11.1% 123 111 � 10.8%Pulaski 10 17 � 41.1% 221 199 � 11.1%Randolph 64 73 � 12.3% 1,208 1,126 � 7.3%Saline 62 90 � 31.1% 1,064 920 � 15.7%Union 39 34 � 14.7% 596 534 � 11.6%Washington 35 31 � 12.9% 621 595 � 4.4%White 46 56 � 17.9% 721 664 � 8.6%Williamson 151 186 � 18.8% 2,515 2,292 � 9.7%REGION 798 988 � 19.2% 14,100 12,694 � 11.1%

Oct 09 Oct 08 Change 2008 2007 Change

$722,378 $1,298,545 � 44.4%

$3,793,841 $6,900,380 � 45.0%

June 09 June 08 Change

2007 Change

YTD TOTALS

MONTHLY TOTALS

$7,520,985 $7,330,500 � 2.6%

2006ANNUAL TOTALS

100

102

103

104

105

106

107

108

109

110

111

112

113

114

115

78

90

A N D M A M J J A S O’08

M M J J A S O

98

94

’09J

88

86

84

F

82

81

80

76

Chicago Fed MidwestManufacturing IndexThe CFMMI is a monthly estimate by majorindustry of manufacturing output in the SeventhFederal Reserve District states of Illinois, Indiana,Iowa, Michigan and Wisconsin. It is a compositeindex of 15 manufacturing industries, includingauto and steel, that uses electrical power andhours worked data to measure monthly changesin regional activity. It is compared here to thenational Industrial Production index forManufacturing (IPMFG). Base year is 2002.Starting in November 2005, the index excludedthe electricity component.

IPMFG Oct 0999.1

CFMMI Oct 0982.9

SOURCE: FEDERAL RESERVE BANK OF CHICAGO

Williamson County RegionalAirport passengers

343 201 � 70.7%

1,062 1,073 � 1.0%

Nov 09 Nov 08 Change

2008 Change

YTD TOTALS

MONTHLY TOTALS

Anna 86.2 113.3 112.3 111.7 109.7 112.2 � 0.98%Benton 52.6 71.4 72.4 75.0 70.4 71.6 � 0.28%Carbondale 420.1 587.7 607.4 610.4 579.4 544.9 � 7.85%Carterville 29.5 40.1 40.3 39.9 32.7 32.4 � 23.77%Chester 39.7 51.5 51.7 54.0 51.1 50.8 � 1.38%Du Quoin 75.6 91.9 94.4 103.1 95.0 99.9 � 8.01%Harrisburg 145.0 179.3 173.6 168.5 164.9 160.2 � 11.92%Herrin 110.3 135.9 134.4 137.5 127.9 122.4 � 11.03%Jonesboro 9.2 12.4 11.3 11.5 11.5 10.7 � 15.89%Marion 511.3 673.4 662.4 592.7 545.9 525.3 � 28.19%Metropolis 57.2 75.9 79.8 74.8 69.4 73.4 � 3.41%Mount Vernon 359.3 482.8 461.5 501.0 475.3 462.4 � 4.41%Murphysboro 97.4 117.1 94.9 93.0 94.6 90.5 � 29.39%Nashville 67.4 101.8 105.2 105.7 101.1 103.6 � 1.74%Pinckneyville 28.0 39.0 35.8 41.7 38.0 37.9 � 2.90%Red Bud 51.9 77.7 73.7 82.5 82.5 75.9 � 2.37%Sparta 95.0 130.5 129.5 133.1 127.7 121.7 � 7.23%Vienna 27.6 40.5 39.8 36.9 32.7 32.7 � 23.85%West City 69.5 89.6 82.8 77.7 70.8 70.9 � 26.38%West Frankfort 83.2 111.2 111.4 106.8 102.3 105.9 � 5.00%REGION $2,285.5 $3,223.0 $3,174.7 $3,157.6 $2,983.0 $2,905.3 � 10.94%ILLINOIS $104,160.6 $237,438.0 $180,162.7 $173,362.8 $167,459.0 $159,201.4 � 49.14%

YTD Sept 2009City 2008 2007 2006 2005 2004% change

04-08

Retail sales for Southern Illinois cities

SOURCE: LATEST STATISTICS AVAILABLE FROM THE ILLINOIS DEPARTMENT OF REVENUE. FIGURES ARE IN MILLIONS.

Labor force Jobless Oct 2009 Sept 2009 Oct 2008 Change month Change year

Unemployment rates for Southern Illinois counties, state and nation

Alexander 3448 399 11.6% 11.3% 8.2% � 0.3 � 3.4Franklin 17,460 2,616 15.0% 14.6% 11.3% � 0.4 � 3.7Gallatin 2,664 290 10.9% 11.0% 8.5% � 0.1 � 2.4Hamilton 4,014 389 9.7% 9.3% 7.2% � 0.4 � 2.5Hardin 1,765 222 12.6% 12.7% 9.4% � 0.1 � 3.2Jackson 32,313 2,510 7.8% 7.3% 6.3% � 0.5 � 1.5Jefferson 20,230 2,144 10.6% 10.0% 6.9% � 0.6 � 3.7Johnson 5,025 536 10.7% 10.4% 8.6% � 0.3 � 2.1Massac 7,314 621 8.5% 8.0% 7.1% � 0.5 � 1.4Perry 9,321 1,181 12.7% 11.9% 10.5% � 0.8 � 2.2Pope 1,898 218 11.5% 10.7% 8.5% � 0.8 � 2.2Pulaski 2,949 352 11.9% 11.9% 9.8% 0.0 � 1.9Randolph 15,135 1,472 9.7% 9.4% 7.0% � 0.3 � 2.7Saline 12,571 1,451 11.5% 11.2% 9.0% � 0.3 � 2.5Union 8,390 946 11.3% 10.8% 8.7% � 0.5 � 2.6Washington 8,030 670 8.3% 8.0% 6.2% � 0.3 � 2.1White 7,661 665 8.7% 8.5% 6.5% � 0.2 � 2.2Williamson 34,767 3,435 9.9% 9.6% 7.7% � 0.3 � 2.2 .,REGION 194,955 20,117 11.3% 10.7% 8.2% � 0.6 � 3.1ILLINOIS 6,633,769 697,903 10.5% 10.2% 6.5% � 0.3 � 4.0U.S. 153,975,000 15,700,000 10.2% 9.8% 6.6% � 0.4 � 3.6SOURCE: ILLINOIS DEPARTMENT OF EMPLOYMENT SECURITY, U.S. DEPARTMENT OF LABOR. FIGURES ARE NOT SEASONALLY ADJUSTED. 2,636 2,521 � 4.6%

2007ANNUAL TOTALS

S O U T H E R N I L L I N O I S I N D I C A T O R S

Prices at the pumpAverage price per gallon of regular, unleadedgas as of Dec. 10 and Nov. 17, 2009.

694Anna

Consumer credit scoreCredit scores are numeric reflections of financialbehavior and credit worthiness, and they are basedon information included in a credit report. Rangingfrom 330 to 830, a higher score means a lowercredit risk. Scores are from November 2009.

692U. S.

699State

698Region

SOURCE: EXPERIAN

SOURCE: AAA

Metro East $2.69 $2.61 $1.60Springfield $2.60 $2.58 $1.62Illinois $2.68 $2.69 $1.66U.S. $2.63 $2.63 $1.68

Dec 09 Nov 09 Dec 08

208

200

204

206

A

210

’08

212

M

214

A M

216

J

218

J

220

S OO N D J’09

F

Consumer Price IndexThe CPI measures average price changes of goodsand services over time, with a reference base of 100in 1982-84.To put into context, a current CPI of194.5 means a market basket of goods and servicesthat cost $100 in 1982-84 now costs $194.50.

U.S. city averageOct 09 216.2

Midwest urbanOct 09 205.7

SOURCE: U.S. DEPARTMENT OF LABOR

95949392919089

96979899

100101102103104105106107108

D J A M J J A S O NM J J A S O N D J F M A M J J A S O N F M

U of I FlashIndex

The Flash Index is an early indicator of the Illinois economy’s expectedperformance. It is a weighted average of growth rates in corporate earnings,consumer spending and personal income. An index above 100 indicatesexpected growth; an index below 100 indicates the economy is contracting.

Nov 09 91.0

Home sales Total units sold, including condominiums

SOURCE: ILLINOIS ASSOCIATION OF REALTORS

Alexander 6 4 � 50.0% 17 32 � 46.9% $37,450 $30,240 � 23.8%Franklin 67 84 � 20.2% 276 332 � 16.9% $59,500 $48,000 � 24.0%Gallatin 7 6 � 16.7% NA NA NA $40,000 $42,500 � 5.9%Hamilton 1 2 � 50.0% 7 8 � 12.5% $142,500 $117,450 � 21.3%Hardin 4 1 � 300.0% 0 0 0% $76,500 $30,000 � 155.0%Jackson 128 137 � 6.6% 383 467 � 18.0% $104,500 $104,500 0.0%Jefferson 81 98 � 17.3% 332 381 � 12.9% $84,200 $70,000 � 20.3%Johnson 16 22 � 27.3% 78 92 � 15.2% $44,000 $86,250 � 49.0%Massac 13 27 � 51.9% 112 128 � 12.5% $56,500 $68,000 � 16.9%Perry 23 36 � 36.1% 126 149 � 15.4% $42,500 $56,500 � 24.8%Pope 2 3 � 33.3% 10 9 � 11.1% $75,750 $73,000 � 3.8%Pulaski 2 3 � 33.3% 13 4 � 225.0% $47,500 $75,000 � 36.7%Randolph 34 34 0.0% 149 136 � 9.6% $68,500 $74,250 � 7.7%Saline 28 33 � 15.2% 80 78 � 2.6% $54,200 $35,000 � 54.9%Union 27 26 � 3.8% 101 91 � 11.0% $79,000 $70,250 � 12.5%Williamson 186 168 � 10.7% 639 705 � 9.4% $98,750 $99,500 � 0.8%ILLINOIS 32,460 32,358 � 0.3% 107,075 140,378 � 23.7% $165,000 $189,500 � 12.9%

Q3 09 Q3 08 Change 2008 2007 Change Q3 09 Q3 08 ChangeMEDIAN SALES PRICE

SOURCE: INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS, UNIVERSITY OF ILLINOIS

Hotel/motel statsTotal amount of revenue generated in Carbondaleby hotels and motels for room rentals only.

New vehicle sales Total cars, trucks sold based on title applications filed.Excludes motorcycles, trailers.

SOURCE: ILLINOIS SECRETARY OF STATE’S OFFICE. LATEST DATA AVAILABLE.

Alexander 13 12 � 8.3% 169 195 � 13.3%Franklin 81 101 � 19.8% 1,341 1,247 � 7.5%Gallatin 21 22 � 4.5% 294 225 � 30.7%Hamilton 15 16 � 6.3% 287 260 � 10.4%Hardin 9 12 � 25.0% 109 135 � 19.3%Jackson 97 158 � 38.6% 1,969 1,622 � 21.4%Jefferson 53 82 � 35.4% 1,270 1,105 � 14.9%Johnson 27 26 � 3.8% 481 419 � 14.8%Massac 28 24 � 16.7% 422 407 � 3.7%Perry 39 39 0.0% 689 638 � 8.0%Pope 8 9 � 11.1% 123 111 � 10.8%Pulaski 10 17 � 41.1% 221 199 � 11.1%Randolph 64 73 � 12.3% 1,208 1,126 � 7.3%Saline 62 90 � 31.1% 1,064 920 � 15.7%Union 39 34 � 14.7% 596 534 � 11.6%Washington 35 31 � 12.9% 621 595 � 4.4%White 46 56 � 17.9% 721 664 � 8.6%Williamson 151 186 � 18.8% 2,515 2,292 � 9.7%REGION 798 988 � 19.2% 14,100 12,694 � 11.1%

Oct 09 Oct 08 Change 2008 2007 Change

$722,378 $1,298,545 � 44.4%

$3,793,841 $6,900,380 � 45.0%

June 09 June 08 Change

2007 Change

YTD TOTALS

MONTHLY TOTALS

$7,520,985 $7,330,500 � 2.6%

2006ANNUAL TOTALS

100

102

103

104

105

106

107

108

109

110

111

112

113

114

115

78

90

A N D M A M J J A S O’08

M M J J A S O

98

94

’09J

88

86

84

F

82

81

80

76

Chicago Fed MidwestManufacturing IndexThe CFMMI is a monthly estimate by majorindustry of manufacturing output in the SeventhFederal Reserve District states of Illinois, Indiana,Iowa, Michigan and Wisconsin. It is a compositeindex of 15 manufacturing industries, includingauto and steel, that uses electrical power andhours worked data to measure monthly changesin regional activity. It is compared here to thenational Industrial Production index forManufacturing (IPMFG). Base year is 2002.Starting in November 2005, the index excludedthe electricity component.

IPMFG Oct 0999.1

CFMMI Oct 0982.9

SOURCE: FEDERAL RESERVE BANK OF CHICAGO

Williamson County RegionalAirport passengers

343 201 � 70.7%

1,062 1,073 � 1.0%

Nov 09 Nov 08 Change

2008 Change

YTD TOTALS

MONTHLY TOTALS

Anna 86.2 113.3 112.3 111.7 109.7 112.2 � 0.98%Benton 52.6 71.4 72.4 75.0 70.4 71.6 � 0.28%Carbondale 420.1 587.7 607.4 610.4 579.4 544.9 � 7.85%Carterville 29.5 40.1 40.3 39.9 32.7 32.4 � 23.77%Chester 39.7 51.5 51.7 54.0 51.1 50.8 � 1.38%Du Quoin 75.6 91.9 94.4 103.1 95.0 99.9 � 8.01%Harrisburg 145.0 179.3 173.6 168.5 164.9 160.2 � 11.92%Herrin 110.3 135.9 134.4 137.5 127.9 122.4 � 11.03%Jonesboro 9.2 12.4 11.3 11.5 11.5 10.7 � 15.89%Marion 511.3 673.4 662.4 592.7 545.9 525.3 � 28.19%Metropolis 57.2 75.9 79.8 74.8 69.4 73.4 � 3.41%Mount Vernon 359.3 482.8 461.5 501.0 475.3 462.4 � 4.41%Murphysboro 97.4 117.1 94.9 93.0 94.6 90.5 � 29.39%Nashville 67.4 101.8 105.2 105.7 101.1 103.6 � 1.74%Pinckneyville 28.0 39.0 35.8 41.7 38.0 37.9 � 2.90%Red Bud 51.9 77.7 73.7 82.5 82.5 75.9 � 2.37%Sparta 95.0 130.5 129.5 133.1 127.7 121.7 � 7.23%Vienna 27.6 40.5 39.8 36.9 32.7 32.7 � 23.85%West City 69.5 89.6 82.8 77.7 70.8 70.9 � 26.38%West Frankfort 83.2 111.2 111.4 106.8 102.3 105.9 � 5.00%REGION $2,285.5 $3,223.0 $3,174.7 $3,157.6 $2,983.0 $2,905.3 � 10.94%ILLINOIS $104,160.6 $237,438.0 $180,162.7 $173,362.8 $167,459.0 $159,201.4 � 49.14%

YTD Sept 2009City 2008 2007 2006 2005 2004% change

04-08

Retail sales for Southern Illinois cities

SOURCE: LATEST STATISTICS AVAILABLE FROM THE ILLINOIS DEPARTMENT OF REVENUE. FIGURES ARE IN MILLIONS.

Labor force Jobless Oct 2009 Sept 2009 Oct 2008 Change month Change year

Unemployment rates for Southern Illinois counties, state and nation

Alexander 3448 399 11.6% 11.3% 8.2% � 0.3 � 3.4Franklin 17,460 2,616 15.0% 14.6% 11.3% � 0.4 � 3.7Gallatin 2,664 290 10.9% 11.0% 8.5% � 0.1 � 2.4Hamilton 4,014 389 9.7% 9.3% 7.2% � 0.4 � 2.5Hardin 1,765 222 12.6% 12.7% 9.4% � 0.1 � 3.2Jackson 32,313 2,510 7.8% 7.3% 6.3% � 0.5 � 1.5Jefferson 20,230 2,144 10.6% 10.0% 6.9% � 0.6 � 3.7Johnson 5,025 536 10.7% 10.4% 8.6% � 0.3 � 2.1Massac 7,314 621 8.5% 8.0% 7.1% � 0.5 � 1.4Perry 9,321 1,181 12.7% 11.9% 10.5% � 0.8 � 2.2Pope 1,898 218 11.5% 10.7% 8.5% � 0.8 � 2.2Pulaski 2,949 352 11.9% 11.9% 9.8% 0.0 � 1.9Randolph 15,135 1,472 9.7% 9.4% 7.0% � 0.3 � 2.7Saline 12,571 1,451 11.5% 11.2% 9.0% � 0.3 � 2.5Union 8,390 946 11.3% 10.8% 8.7% � 0.5 � 2.6Washington 8,030 670 8.3% 8.0% 6.2% � 0.3 � 2.1White 7,661 665 8.7% 8.5% 6.5% � 0.2 � 2.2Williamson 34,767 3,435 9.9% 9.6% 7.7% � 0.3 � 2.2 .,REGION 194,955 20,117 11.3% 10.7% 8.2% � 0.6 � 3.1ILLINOIS 6,633,769 697,903 10.5% 10.2% 6.5% � 0.3 � 4.0U.S. 153,975,000 15,700,000 10.2% 9.8% 6.6% � 0.4 � 3.6SOURCE: ILLINOIS DEPARTMENT OF EMPLOYMENT SECURITY, U.S. DEPARTMENT OF LABOR. FIGURES ARE NOT SEASONALLY ADJUSTED. 2,636 2,521 � 4.6%

2007ANNUAL TOTALS

JANUARY 2010SOUTHERN BUSINESS JOURNAL12

Employment LawR E S U L T S | R E S U L T S

Amendments to Americans with DisabilitiesAct expand the number of disabled

As of Jan. 1,2009, amendmentsto the Americanswith DisabilitiesAct (ADA) madeseveral changes tothe way employersmust viewpotential disabilityissues in theworkplace. The

amendments and regulations to followwill likely have a great impact on howemployers must deal with jobapplicants and employees claimingdisabilities.

Remember, the ADA applies only toemployers with 15 or more employees.If you have 15 or more employees, youcannot discriminate against a jobapplicant or an employee based on thatperson’s disability or your perceptionof a disability. And, you may have toprovide a disabled employee with areasonable accommodation if thedisability limits his ability to performthe essential functions of the job.

Under the ADA, a person isconsidered to be disabled if he or shehas a mental or physical impairmentthat “substantially limits a major lifeactivity.” That definition is unchangedby the amendments; however, since theADA’s enactment in 1990, major battleshave been fought in the courts over theterms “substantially limits” and “majorlife activity.” The amendments clarifywhat these terms mean and overturn agreat number of court decisions.Simply stated, the amendments’definitions of these terms are intendedto increase the number of people in theworkforce who are considered to bedisabled.

In amending the ADA, Congressdetermined that the term“substantially” should not mean that

an impairment must significantly orseverely restrict an employee. TheEqual Employment OpportunityCommission (EEOC) states thatdetermining whether an impairmentsubstantially limits a person is “acommon-sense assessment based oncomparing an individual’s ability toperform a major life activity with thatof most people in the generalpopulation.” While this is hardly a cleardefinition, it is clear that employeeswill now have a much easier timeshowing they have a “substantial”limitation.

Next comes the question of whatthings in employees’ lives are “majorlife activities.” The amendments againexpand the definition of the term.Major life activities now include“caring for oneself, performing manualtasks, seeing, hearing, eating, sleeping,walking, standing, sitting, reaching,lifting, bending, speaking, breathing,learning, reading, concentrating,thinking, communicating, interactingwith others and working.”

In addition to these activities thathumans engage in, the amendmentsalso include “bodily functions” in thedefinition of major life activities. So,the functions of the “immune system,normal cell growth, digestive, bowel,bladder, neurological, brain,circulatory, respiratory, endocrine andrespiratory systems” are nowconsidered major life activities.

The amendments will further expandthe number of people considereddisabled by prohibiting employers fromconsidering any “mitigating measures”used by a person to reduce the effectsof an impairment. So, although anemployee’s medication might permithim to perform his job and live his lifewith no limitations, the employer mustignore the medication and determine ifthe employee’s condition without themedication would substantially limit amajor life activity. If so, the person is

disabled even though his impairmenthas little or no effect on any major lifeactivity.

The only exceptions to the“mitigating measures” analysis areordinary eyeglasses and contact lensesthat fully correct a person’s vision. If anemployee’s vision is fine with glasses,you don’t have to determine what hisvision would be like without glasses.

Unlike the original ADA, the newregulations also provide examples ofconditions that are virtually alwaysconsidered to be a disability withoutanalyzing how the condition affectseach individual. The list includesdeafness, blindness, intellectualdisability (formerly called mentalretardation), missing limbs,impairments requiring a wheelchair,autism, cancer, cerebral palsy, diabetes,epilepsy, HIV/AIDS, multiple sclerosis,muscular dystrophy, major depression,bipolar disorder, post-traumatic stressdisorder, obsessive-compulsivedisorder and schizophrenia. While thislist should simplify the determinationof whether a person is disabled, it willlikely expand the number of people inthe nation qualifying as disabled.

All in all, the ADA amendments andregulations will expand the number ofpeople in the work force who must beconsidered disabled. If a job applicantor employee claims a disability, beprepared to evaluate the claim todetermine if the person needs sometype of accommodation. While youmight not consider the condition to bea disability, the law may have adifferent opinion.

— Edward Renshaw is a partner with theCarbondale law firm of Feirich /Mager/Green /Ryan. F/M/G/R is a generalpractice law firm offering a full range oflegal services, including labor andemployment law, real estate, workers’compensation, municipal law and estateplanning.

Renshaw

BY ED RENSHAWSBJ CONTRIBUTOR

AT A GLANCEBUSINESS OPENINGS

Old Southern Country Supply Old Southern Country Supply

opened Nov. 2 at 101 Oliver St. inVienna. Owners Randy and CarolynPieroni hosted a ribbon cuttingceremony Nov. 9.

The store offers a line of animal feed,pet supplies, bird feeders, horsesupplies and various other lines tocater to the needs of local andsurrounding communities. Thebusiness also offers men’s, women’sand children’s clothing, footwear,accessories, outerwear, hunting, ridingand work apparel.

Old Southern Country Supply isopen from 8 a.m. to 6 p.m. Mondaythrough Friday and 9 a.m. to 1 p.m.Saturday. For more information, call618-658-4000.

Keegan’s Carnival Keegan’s Carnival opened recently in

the food court at Illinois Centre mall inMarion. The restaurant features classicfair food, including corndogs, chickenon a stick, nachos with cheese, caramelapples, cotton candy, ice cream, lemonshake-ups, funnel cakes and more.

For delivery, call 618-997-1919.

Uncle Rick’s Auction Barn

and Flea Market Uncle Rick’s Auction Barn and Flea

Market recently opened at 14209Illinois 34 east of Benton. Richard Vailis owner. Auctions are conducted at6:30 p.m. Thursdays and Saturdayswith new merchandise Thursdays andnew and used merchandise Saturdays.Plans are under way for conductingantique auctions.

Flea markets are hosted everySaturday and Sunday. Free outdoorseller spots are available until April. Anindoor market barn features boothsfilled with an array of merchandise byvarious sellers.

A Toys for Tots drive and a coat driveare ongoing this month, and plans arebeing made to conduct charityauctions. The business is openthroughout the week. For moreinformation, call 618-922-3391.

Southern Illinois University Carbondale CongratulatesOperation Bootstrap #3 Graduates

Alto Pass, James EarlesBenton, Kenneth JonesCambria, Anthony AndersonDonna HammondsCarbondale, Callie GlascoSorrel KunathEvelyn LoveTasha KimbroughMichael PhillipJason WillenborgPatricia LittlepageAlicia OakleyCarterville, Charlie CampbellCobden, Jeff WallinCreal Springs, Laura MooreFrancoise BootonJerry MooreDu Quoin, Michael SamplesClarence Van HoorebekeEllis Grove, Mary HudsonGrand Tower, Doris AlleyHerrin, John SkinionChristine PullenMary PerimanJohnston City, Karyn GolliherMakanda, Rosa MurilloKelly DrewMarion, Karen BrownVicky Oakley and Jacinta AlstatMurphysboro, Marquitis Baldwin and Stafania PaytonHeather KargPinckneyville, Jon McClurkenSteeleville, Elaine HaertlingUllin, Terrance HuntAlka Johnson

Operation Bootstrap is an entrepreneurship training program, hosted through a partnership between the Delta Regional Authority and SouthernIllinois University, designed to help train, fund, and launch 102 new companies throughout the southern Illinois region in 2009.For more information about the program, please contact Operation Bootstrap at 618-453-2070 or startbiz@siu.edu.

www.operationbootstrap.biz

JANUARY 2010SOUTHERN BUSINESS JOURNAL14

Health CareCourt cases in Illinois and Florida

offer protections for seniors in financial matters

Two recent courtcases, one in Illinoisand the other inFlorida, have givenseniors protectionsthat have been sorelylacking when banksarbitrarily refuse tohonor powers ofattorney and whenfriends or family

seek to undo carefully crafted estateplanning documents.

Limitation on power to change

estate planning documents not voidAn Illinois court of appeals has found

that a provision in estate planningdocuments that requires an attorney’sclient to consult with the drafting attorneybefore making changes to the documentsdoes not violate public policy and is in fact“admirable.”

In 2006, Charles and Charlotte Dunnhired attorney Lawrence Patterson to draftestate planning documents for them,including a trust, powers of attorney andliving wills. Each of the documentscontained a provision that required theDunns to consult with Patterson beforeamending or changing the documents.

A few months later, Patterson received a

letter from attorney Timothy McJoyntsaying that he represented the Dunns andthat they wished to remove his name fromtheir documents. Patterson responded inwriting, stating he would have to meetwith the Dunns before agreeing to themodifications or obtain a court order. Alawsuit followed.

In court, McJoynt argued that anattorney must follow the direction of hisor her client even if the attorney deemsthe client action to be unwise, ill-conceived or imprudent. Patterson arguedthat the consent requirement wasdesigned to protect the Dunns from undueinfluence or other abuse as they age. Thetrial court agreed with McJoynt, found theconsent requirement void as violatingpublic policy, and imposed sanctions onPatterson.

On appeal, the Court of Appealsreversed, finding that the limitation was areasonable measure designed to protectthe Dunns from abuse as they age. Further,the court held that the revocation andamendment provisions of the documentsare consistent with the fiduciary duty anattorney owes a client. As a fiduciary, itwas not unreasonable for Patterson toinsist on a meeting with the Dunns beforeconsenting to modification of their estateplan. The appellate court noted that theelderly are often taken advantage of andthe provisions in question were tailored toreduce the risk of undue influence. The

court held that Patterson’s conduct wasnot sanctionable; instead, the court found“it admirable and consistent with thehighest ideals of the bar.”

Bank pays for refusing to honor

power of attorney request

In a recent Florida case, Bank ofAmerica rebuffed the request of an agentunder a durable power of attorney (POA)to withdraw funds from a jointly heldaccount. The agent fought back in courtand just won a $64,000 judgment againstthe bank.

Clarence Smith Sr. named his son,Clarence Smith Jr., as his agent under aPOA. When his father no longer wanted tomanage his own finances, he askedClarence Jr. to step in as his agent.

Clarence Jr. reviewed his father’saccount activity and became suspiciousabout some withdrawals from a bankaccount that Clarence Sr. owned jointlywith a friend from his retirementcommunity. Acting as his father’s agentunder the POA, Clarence Jr. asked Bank ofAmerica to transfer $65,000 from theaccount into a new account that listedonly his father as the owner. Before doingso, Bank of America contacted the otherperson named on the account. When shetold the bank that she did not want thefunds withdrawn and also accusedClarence Jr. of stealing his father’s money,

Bank of America refused to honorClarence Jr.’s request. The other accountowner then withdrew all of the funds fromthe account and placed them into her ownaccount. Clarence Sr. died several weekslater.

Clarence Jr. sued Bank of America undera Florida law that imposes penalties onfinancial institutions that refuse to honorreasonable requests from agents named inproperly executed POAs. In November2009, after a week-long trial, a Floridajury returned a verdict against the bankand awarded $64,142 to Clarence Sr.’sestate. The jury found that Bank ofAmerica had not acted reasonably when itrejected Clarence Jr.’s request, even thoughthe joint owner of the bank account hadnot agreed to the release of the funds.Bank of America said it plans to appeal.

“We believe that neither the facts northe law support the verdict,” saidspokeswoman Shirley Norton.

Author’s note: Illinois has a similar lawthat provides for damages in similarcircumstances: 755 Illinois CompiledStatutes 45/2-8.

— Richard Habiger is an elder care attorney, who focuses on estate protection,Medicaid and VA benefits, Alzheimer’s andlife care planning — all in collaboration with amulti-disciplinary team dedicated to helpingseniors and their families. You may contacthim at 618-549-4529.

BY RICHARD HABIGERSBJ CONTRIBUTOR

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JANUARY 2010 SOUTHERN BUSINESS JOURNAL 15

AchievementsA W A R D S | P R O M O T I O N S | R E T I R E M E N T

Wood to serve on boardDavid Wood of Wood

Forensic/Valuation Services in MountVernon has been elected to serve on theNational Association of Certified ValuationAnalysts’ Ethics Oversight Board.

The entire NACVA membership had theopportunity to vote in the nationwideelection. Wood was one of nine peoplenominated to serve on one of two availablespots on the board. Wood will serve athree-year term on the board.

Hughes opens Allstate officeAllstate exclusive agent Laura Hughes

opened an insurance office Nov. 2 at 305 S.University Ave. in Carbondale.

The Laura Hughes Agency is open from8:30 a.m. to 5:30 p.m. Monday throughThursday, 9 a.m. to 5 p.m. Friday and 9 a.m. to noon Saturday.

Hughes can be reached at 618-549-2299.

Five Star Industries reaccreditedFive Star Industries Inc. in Du Quoin has

been reaccredited by the Council onAccreditation.

The COA reaccreditation processinvolves a detailed review and analysis ofan organization’s administrative operationsand its service delivery practices. All aremeasured against national standards ofbest practice.

Monchino accepts awardHoliday Inn Hotel & Conference Center

in Carbondale has received the 2009InterContinental Hotels Group QualityExcellence Award.

The hotel was recognized during the2009 IHG Americas Investors andLeadership Conference Nov. 11 to 13 inWashington, D.C. Mike Monchino ofMonchino Management, LLC accepted theaward.

IHG is the world’s largest hotel group bynumber of rooms. Holiday Inn Hotel &Conference Center in Carbondale is one of107 properties selected from thecompany’s more than 4,300 hotels inrecognition of overall quality excellence.

Robin’s Nest earns accreditationRobin’s Nest Learning Center in

Carterville has been awarded accreditationthrough the National Accreditation

Commission for Early Care and EducationPrograms.

The center at 1007 W. California St. islicensed for 122 children and serveschildren ages 6 weeks to 12 years old.Parents and community members arebeing surveyed to see if there is a need tooffer services on nights and weekends.

For more information, call owner RobinMoore at 618-922-8445.

Myers earns career carMary Kay independent sales director

Adrienne Myers of Zeigler recentlyearned the use of a new Chevy Equinox as aresult of her outstanding achievements inoperating her Mary Kay business.

This is the second career car Myers hasearned since she began her independentMary Kay business in October 2007.

Advocacy center accepted Perry-Jackson Child Advocacy Center in

Pinckneyville has been accepted as anaccredited member of National Children’sAlliance, joining more than 450 othermember programs across the U.S.

Organizations can be recommended formembership following an extensiveapplication and site review process todetermine compliance with NCAstandards.

USDA honors Old National BankOld National Bank recently was

recognized as one of the state’s top lendersin utilizing guaranteed home loans to makehome purchases more affordable in ruralIllinois.

The U.S. Department of AgricultureRural Development annually honorslenders that excel in using the federalagency’s guaranteed loan program toincrease home ownership.

Twenhafel joins John Deere, PolarisWilliam Nobbe & Co., Inc., the area’s

John Deere and Polaris organization, hasrecently hired Roger Twenhafel ofMurphysboro to work in its John DeereTurf division.

Twenhafel’s responsibilities will includelawn and garden and ATV sales, along withJohn Deere Consumer Work Products(CWP) such as skid steers, excavators andbackhoes.

William Nobbe & Co., Inc. is a four-

generation company that has additionalfacilities in Waterloo, Jerseyville and soonin Scott City, Mo.

Twenhafel can be reached at the store,5665 Illinois 4, in Steeleville.

Coracy attends conferenceDavid Coracy of B and A Travel Service

recently attended the 2009 AuthorizedDisney Vacation Planners conference atWalt Disney World Resort in Orlando, Fla.

Information on all of Disney’s vacationdestinations may be obtained bycontacting B and A Travel Service inCarbondale or Marion or online atwww.bandatravel.com.

Wilbanks joins MetLifeSteve Wilbanks has joined MetLife as a

financial services representative inEdwardsville.

Wilbanks has more than 10 years ofservice and experience in the financial andinsurance industries. He is a formermember of the Du Quoin and PinckneyvilleChambers of Commerce.

Garden of Eden Learning Center Garden of Eden Learning Center recently

opened at 2315 N. Park Ave. in Herrin.Christine Pullen is director.

The learning center, which offers aChristian-based curriculum, is licensed byDCFS and serves children ages 2 to 5 yearsold. It is open from 6:30 a.m. to 6 p.m.Monday through Friday.

For more information, call Pullen at 618-988-9700.

Rushing celebrates 30 yearsCountry Financial representative Dan

Rushing of Metropolis is celebrating 30years of service for customers in theShawnee Agency area.

During Rushing’s career with CountryFinancial, he has been named an AllAmerican 10 times and was AgencyManager of the Year for District 5 in 2004.

He serves clients from his office at 1436W. 10th St., in Metropolis. He can bereached at 618-524-2629.

Business serves Southern IllinoisLighthouse Leadership Solutions, a new

training and consulting business based inJackson, Mo., is serving Southern Illinois

as well as Southeast Missouri.Founded in 1997 by CEO Chip Wilson,

Lighthouse Leadership Solutionsspecializes in four basic services: openforum workshops, high performancetraining, consulting and e-learning.

For more information, call 800-592-6510.

Sievers opens SI Elder LawTiffanny Sievers has opened SI Elder

Law at 411 1/2 N. Court St. in Marion tohelp protect the assets of seniors needinglong-term care. The firm’s managingattorney, Sievers has a Juris Doctorate fromSouthern Illinois University and isaccredited by the Veterans Administration.The firm provides estate protection anddisability, VA and Medicaid assistance.

Sievers has years of elder law experienceworking for Habiger and Associates ElderLaw Office in Carbondale. She also haspracticed workers compensation andpersonal injury law in Springfield andMarion.

For more information, call 618-997-3500.

ISP District 19 conducts auctionIllinois State Police District 19

headquarters in Carmi recently conductedits annual in-house charity auction.

Retired District 19 troopers and currentstaff members, along with local businessowners and vendors, donated the variousitems that were auctioned off. More than$4,350 was raised.

As a result of the auction, District 19 willbe able to donate $625 to a charitableorganization already identified in each ofthe seven counties the district serves. Thedonations are being made to organizationscoordinating programs for underprivilegedchildren in the area this holiday season.

Let the region know

Have you been promoted? Has acolleague at work completed an inten-sive continuing education program?Others in the business community willwant to know it, so please considerpassing on your milestone employmentnews to Southern Business Journal.

Feel free to e-mail the information tosbj@thesouthern.com or fax a writtenupdate to 618-457-2935.

JANUARY 2010 SOUTHERN BUSINESS JOURNAL 17

Building permits

CarbondaleDG Rentals, 801 W. Walnut St., $1,800Stephen Shappard, 707 W. Pecan St., $5,000Gerlad Oslance, 601 N. Almond St., $500Jim Foerster, 802 N. Bridge St., $4,000Charles Vaught, 620 S. Glenview Drive, $4,000American Eagle Homes, 405 Deer Trail, $185,000Absolute Auto Body, 2211 Sweets Drive,

$175,000Suryanarayaniah Rajan, 112 S. Lark Lane,

$45,000Ellen Schmulbach, 3170 W. Chautauqua St.,

$10,000Hangar 9, 511 S. Illinois Ave., $300,000Clarence and Barbara Dillinger, 808 N. Bridge St.,

$700Hess Properties, 1245 E. Walnut St., $411,000Sam Burruss Properties, 1241 E. Walnut St.,

$411,000Frank Owens, 209 W. Willow St., $59,000Bernard and Jane Jones, 3010 W. Alveria Drive,

$1,600Daryl and Jennifer Kroner, 1430 Bradford Lane,

$30,000Sherpa Group, LLC, 901 S. Oakland Ave., $500Verizon Wireless, 601 S. Lewis Lane, $5,000Southern Illinois University, Arena and Athletic

Building, $23,745,788Southern Illinois University, Stadium,

$11,085,049Southern Illinois University, Parkinson Hall,

$150,000Southern Illinois University, Faner Hall,

$2,500,000John Hoke, 201 W. Park Lane, $25,000Anh Duyen Luong, 110 Archelle Drive, $4,100Reginald Wilson, 1038 N. Robert A. Stalls Avenue,

$32,000Monica Spiegel, 516 N. Oakland Avenue, $2,500James May, 606 N. Almond Street, $10,000Marguerite Bowen Trust, 207 N. University

Avenue, $700E.H. Shay, 1601 E. Walnut Street, $500Lucien Emery Dervan, 1608 W. Briarwood Drive,

$15,000Cathy A. Loomis, 614 S. Glenview Drive, $7,000Robert J. Brown, 404 W. Pecan Street, $1,000Bud Goeke, 504 W. Mill Street, $500The Quads Apartments, 1207 S. Wall Street,

$69,000

MurphysboroBruce Martin, 1919 Walnut Street, $9,500Darrell Eastwood, 2401 Illinois Avenue, $10,296Cathy Norton, 502 Murphy Street, $800Eric Reeves, 2143 Edith Street, $1,500Dave and Vicky Ardrey, 2003 Walnut, $6,000Jacob and Suzette Povolish, 1022 Steven Lane,

$5,735Jacob and Suzette Povolish,2024 Hortense,$5,000

Bizzell, Robert, 2021 Walnut Street, $30Mark Phoenix, 14 Louis Wides Drive, $150,000Jennifer Flynn, 2128 Elm Street, $23,000Vicki Ardrey, 2234 Dewey Street, $138

Bankruptcies

Chapter 7Edith Alonzo, 673 Berkley Road, CarbondaleLewis Beggs, 43 Marys Lane, MetropolisCarl Broskie, 101 W. Ninth St., West FrankfortJennifer Arning, 12525 Cypress Road, RichviewMichael Allen, 606 N. Adams St., West FrankfortRebecca Eickmeyer, 806 N. Walnut St., SesserJason Alexander, 513 S. 25th St., HerrinTiffany Hicks, P.O. Box 423, Carrier MillsStephen Shea, 1025 W. Robinson St., HarrisburgJami Mathis, 301 S. Maple St., Du QuoinJoshua Jones and Karyn Jones, 7610 Otten Road,

EvansvilleBruce McCall and Cynthia McCall, 510 W. Barnett

St., HarrisburgRobert Ackley, P.O. Box 166, New HavenRebecca Houston, 2027 Jackson St., MurphysboroDarian Godwin and Scarlet Godwin, 5674 Arctic Fox

Drive, CartervilleRandall Carmickle and Cynthia Carmickle, 2814

Jones St., EldoradoPaul Taylor and Mildred Taylor, 1609 W. Adams St.,

HerrinDorothy Jones, 4490 Gilead Church Road, SimpsonDaniel Goins and Shawnenia Goins, P.O. Box 202,

GorevilleAngela Drumheller, 1003 Strawberry Drive, West

FrankfortRodney Zettler and Carolyn Zettler, 805 E. Florence

St., SesserThomas Gregory, 25 Emery Lane, New BurnsideDale McCormick and Donna McCormick, 615 E.

Buena Vista St., ChesterDavid Minor and Amber Minor, 217 E. Second

Street, InaChad Reeder and Rachel Reeder, P.O. Box 195, PercyCharles Houseworth and Linda Houseworth, 2511

S. Illinois Ave., CarbondaleHarry Tippy and Dianna Tippy, 13051 N. Shoreland

Drive, MarionPaul Pyle and Dee Pyle, 1429 S. Ledford St.,

HarrisburgJona Rush, 415 Wilson St., BentonAudrey Rudloff, 47 Park Estates, SpartaEvelyn Burnett, 1908 Simmons St., MetropolisBilly Boyster, 503 W. Main St., SpartaTjuaina Westley, 307 S. Birchlane Drive, CarbondaleCarl Lewis, 105 S. Oak St., SpartaThomas Keener and Lisa Keener, 16763 Mount Zion

Road, BentonTomara Gholson, 12182 Cedar Grove Road, MarionAngela Hall, 211 N. McDyby St., BucknerCharles Gilmore, 171 Hickory Ridge Road, PomonaSteven Kent and Jessica Kent, 201 N. Plum St., De

SotoKatrina Phillips, 1216 A. N. Van Buren St., MarionCarol Wahl, 2403 E. Main St., West Frankfort

Stephen Moore and Angela Moore, 103 CinnamonLane, Murphysboro

Brad Mann, 749 W. Broadway St., RichviewBryan Russell, 12573 Jochum Lane, PittsburgDebra Gosnell, 621 S. Seventh St., HerrinLee Bayless, 8289 Bolen Store Road, ThompsonvilleMelba Easterly, 1002 S. 24th St., MurphysboroJennilee Schroeder, 206 N. Fourth St., GrayvilleRobert Butler and Brenda Butler, Route 1, Box 280,

BrookportHelen Curry, 896 Airport Road, MetropolisBetty Fleshner, P.O. Box 185, New HavenBrooke Darden, 400 Orange St., Mount VernonGraham Tamplin, 606 Nora Lane, Mount VernonBrent Dozier, R.R. 5 Box 141, FairfieldKim Burmester, 413 E. Pine St., Red BudDonna Copple, 4456 Gilia Road, CutlerAndrew Brown and Josie Brown,P.O. Box 35,EddyvilleChristina Pereida, 403 N. Main St., ZeiglerBertha Acree, 1100 S. Liberty St., MarionRobert Shabazz, P.O. Box 897, MarionLewellyn Hughes, P.O. Box 11, MoundsFrederick Sappington and Patricia Sappington, P.O.

Box 368, MarionDarrell Ward, 1500 Feazel Road, HarrisburgRayla Griffith, 210 N. Hancock St., McLeansboroMichael Rasberry, 1440 Belknap Road, BelknapSabrina Wilburn, P.O. Box 219, JonesboroCrystal Frizzell, 719 N. Illinois Ave., West FrankfortSteven Brannan and Carrie Brannan, 54 S.

Thompsonville Road, ThompsonvilleTravis Roosevelt, 130 W. Walnut St., AlbionGregory Smolley, 15001 White Swan Lane,

WoodlawnSteven Kelley and Linda Kelley, P.O. Box 82, BentonKevin Travelstead, 382 Kelly Lane, GorevilleShannon Wilson and Christy Wilson, 2526 College

St., Mount VernonJudy Levan, 779 Lower Chute Road, Grand TowerRick Campbell, 1146 CR 2210 N., CarmiRaymond Gorman, 1016 S. Granger St., HarrisburgRay Farris and Doris Farris, 104 NW Seventh St.,

FairfieldRicky Smith and Tracy Smith, 13296 E. Idlewood

Road, Mount VernonDaniel Wilson and Jennifer Wilson, 15 N. Highland

Place, Mount VernonDanette Beers, 810 Maple St., ZeiglerJames Galiher, 1806 Forest Ave., Mount VernonChristain Eisenhauer, 2461 S. Illinois Ave.,

Carbondale

Chapter 13Karen Miles, P.O. Box 583, CoultervilleTerry Conner and Lucinda Conner, 912 Country

Road, PinckneyvilleMelvin Dysart, 401 W. Kennicott, CarbondaleJames Rendleman, 6360 Old Illinois 13, CarbondaleJeff Williams and Julia Williams, 25512 Greg Hollow

Road, ThebesMarilyn Morris, 1702 E. Picket Lane, MarionDanny Wright and Debra Wright, 536 Fairfield Road,

Mount VernonDeborah Bell, P.O. Box 93, Alto PassStanley Newby and Georgia Newby, 5 Trails End,

Chester

Herman Ray and Cynthia Ray, 21127 Merryman St.,Olive Branch

Kess Roberson, 1411 S. Mechanic St., MarionKeith Darter, 3045 Eden Park, HerrinJoshua Foster and Sara Foster, 535 Hiser Road,

MurphysboroPaula Huggins, 428 S. Front St., CobdenDwayne Corzine and Kandi Corzine, 814 Market St.,

MetropolisStephen Jordan, 21100 Old Delta Mine Road,

MarionRobert Wheat and Michelle Wheat, 52 E. Kaskaskia

St., ChesterTyrone Oliver, 2026 Jackson St., MurphysboroDavid Bloodworth and Shandale Bloodworth, 520 N.

Eighth St., HerrinMarilyn McRoberts, P.O. Box 312, HarrisburgMelissa Doody, 1370 Old U.S. 51 North, AnnaFrances Klink, 81 Our Lane, MurphysboroArvel Bradley and Linda Bradley, 800 N. Green St.,

AnnaJoey Williams and Rayna McGee Williams, 1506

Springs St., ChesterLawrence Compton and Bobbi Compton, 66 Squirrel

Lane, AvaAdam Sherwood and Tonia Sherwood, 290 Tollgate

Road, AnnaDonna Serafin, 104 E. Charles St., West FrankfortMary Jones, 6137 N. Illinois 37, BonnieRebecca Smith, 5500 Saline Mine Road,

ShawneetownLillard Warden and Frances Warden, 219 S. Third

St., Mound CityGary Webb, 400 Lou Ann Drive, HerrinCharles Tidwell and Carolyn Tidwell, P.O. Box 46, New

BurnsideLinda Wagoner, 195 Jones Road, HarrisburgForest Shearer and Holli Shearer, 204 W. Grand

Ave., PinckneyvilleJohn Wilson, P.O. Box 1093, MarionJerry Combs and Nancy Combs, 137 Budd Road,

Alto PassWalter Zeschke and Lisa Zeschke, 1290 Lake Road,

DongolaLarry Matheny and Kathryn Matheny, 2225 Ozark

Road, OzarkTracy Heern, 11218 Shadow Road, MarionRandall Demarest and Cheryl Demarest, P.O. Box

182, Norris CityRussell High and Dianna High, P.O. Box 236, De SotoJohn Spring and Kimberly Spring, P.O. Box 235,

Grand TowerRandy Muench and Lisa Muench, 308 S. Main St.,

Red BudPhilippe Sipes and Carman Sipes, 108 Robin Road,

BentonConrad Etherton and Melissa Etherton, 3204 Eagle

Drive, HerrinDarrell Shepard and Deborah Shepard, 18708

County Line Road, JonesboroBrian Orella, 424 Nashville Road, CoultervilleMary Hoppes, 609 S. Sunny Slope St., West

FrankfortRuth Gurley, 807 W. Broadway St., Johnston CityVictor Whaley and Nikkole Whaley, 231 Illinois 13,

Coulterville

Business Fine PrintP E R M I T S | L I E N S | B A N K R U P T C I E S

Despite the fact the Internet has madetoday the “most connected time inhistory,” it has also become a period oftime when personal communication hashit a low, Baggett said.

“That’s all there is to life,” he said ofbuilding personal relationships.

Baggett last spoke to a CommunityLeaders Breakfast crowd in February 2007,drawing from hardships in his own life to

deliver an inspirational message.The author of more than a dozen books,

Baggett stressed the need for honesty andopen communication between leaders andtheir teams.

“First, you have to believe in yourself,and then you must believe in yourteammates and community. If not, you’redoomed for failure,” Baggett said.

Advance registration is required toattend the Community Leaders Breakfast.Reservations will be taken until Jan. 18.To register, call 618-351-5002 or registeronline at www.sbj.biz.

JANUARY 2010SOUTHERN BUSINESS JOURNAL18

Feirich / Mager / Green / RyanAttorneys at Law

Providing Business and Personal Legal Services to the Midwest

Located in the Westown Centre • 2001 West Main, Carbondale • (618) 529-3000Visit our web site at www.fmgr.com

Commercial TransactionsWorkers’ CompensationLabor NegotiationsEmployment MattersMunicipal Law

Administrative LawBanking LawReal Estate TransactionsProbate and Estate PlanningBusiness Organization

F M G R

OORRDDEERR NNOOWW RREESSEERRVVEE YYOOUURRSS TTOODDAAYY

BAGGETTFROM PAGE 3

Want to improve your financial life? Here are some things to think about

This is the year!Yes, you can make2010 the year youalter your financiallife for a betterfinancial future.Let’s look at somesteps you mightthink of taking withthe goal of financialfreedom in mind.

No, I’m not talking about thoseridiculously obvious steps the usualarticles recommend, like “write your goalsdown” and “set a budget.” Let’s go pastthe clichés and get into the real issues.

LLooookk aatt yyoouurr iinnccoommee ssoouurrccee,, yyoouurreexxppeennsseess aanndd yyoouurr ddeebbtt.. How do you earnincome? If you earn it from one source, isthere effectively a ceiling on it, or is therereal potential for your income to rise in thenext few years? Now look at your coreliving expenses, the ones you can’t avoid(such as a mortgage payment, carpayment, etc.). Can any core expenses bereduced? Investing aside, you positionyourself to gain ground financially whenincome rises, debt diminishes and

expenses stay (relatively) the same.MMaayybbee yyoouu sshhoouulldd ppaayy yyoouurr ddeebbtt ffiirrsstt,,

mmaayybbee nnoott.. If you are a business owner ora professional, for example, you’ll likelyalways have some debt. Your ultimate goalshould be to build wealth – and you canplan to build wealth and minimize debt atthe same time.

Some debt is “good” debt. A debt is“good” if it brings you income. If you buya rental property, you’re paying amortgage, but that’s considered a “good”debt because you’re getting passiveincome from the rent payments. Creditcards are “bad” debts.

If you’ll be carrying a debt for a while,put it to a test. Weigh the interest rate onthat specific debt against your potentialincome growth rate and your potentialinvestment returns over the term of thedebt. If the interest rate on that debt lookslike it will outpace your income growthand investment returns, then you reallyshould think about paying that debt downfast, because you can’t afford that interestrate.

Of course, paying off your debts, payingdown balances and restricting new debtsall work toward improving your FICOcredit score, another tool you can use inpursuit of financial freedom (we’re talking

“good” debts).IImmpplleemmeenntt oorr rreeffiinnee aann iinnvveessttmmeenntt

ssttrraatteeggyy.. You can’t refrain from investing,even when the bears are out. You’re notgoing to retire on the relatively smallelective deferrals from your paycheck;you’re going retire on the interest thatthose accumulated assets earn over time,plus the power of compounding. Investingcan also potentially bring you investmentand passive income. Consistent investing,this year and in years to come, has thepotential to help you improve yourfinancial life.

MMaannaaggee tthhee mmoonneeyy yyoouu mmaakkee oonn yyoouurrwwaayy ttoo ffiinnaanncciiaall ffrreeeeddoomm.. It’s amusing: allthese Internet gurus tell you they have amethod to make you “financially free” or“debt free,” but few tell you how tomanage the money you make. Their not-so-subtle message seems to be “succeedand live lavishly” – if you make itfinancially, you’ve earned the freedom toblow it all on cars, boats and luxuries. Howmany (former) sports or movie stars canyou think of who quickly blew throughtheir cash windfalls and are now poor, orat least not financially independent?

This is a classic nouveau riche mistake.If you simply accumulate unmanagedassets, you have money just sitting there

open to risk – inflation risk, market risk,even legal risks. Don’t forget taxes; whilenot technically a “risk,” they are a threat toyour money. The greater your wealth, themore long-range potential you have toaccomplish some profound things,provided your wealth is directed.

If you want to build more wealth thisyear or in the near future, don’t neglectthe risk management strategy that couldbe instrumental in helping you retain it.Your after-tax return matters even morethan your investment return, so riskmanagement should be an integral part ofyour overall financial picture.

RReeqquueesstt pprrooffeessssiioonnaall gguuiiddaannccee ffoorr tthheewweeaalltthh yyoouu aarree ggrroowwiinngg.. A good financialprofessional will really help to educate youabout the principles of wealth building, orwealth preservation if you should be sofortunate to have already accumulatedsignificant assets. You can draw on thatprofessional knowledge and guidance thisyear and for years to come.

— Scott McClatchey is a founder and LPLFinancial Adviser with Alliance InvestmentPlanning Group, a Carbondale-basedinvestment firm at 115 S. Washington St. Hecan be reached at 618-519-9344 orscott@allianceinvestmentplanning.com.

JANUARY 2010 SOUTHERN BUSINESS JOURNAL 19

Money Matters

McClatchey

BY SCOTT MCCLATCHEYSBJ CONTRIBUTOR

Mark Your CalendarJan. 6

Beginning Access 2007: 8:30 a.m. to 4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Jan. 7Beginning Excel 2007: 8:30 a.m. to

4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Intermediate Word 2007: 8:30 a.m. to4 p.m., Room F111, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Jan. 19Beginning Word 2007: 8:30 a.m. to

4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Jan. 20Intermediate Access 2007: 8:30 a.m.

to 4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Beginning Access 2003: 8:30 a.m. to 4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Time & Stress Management: 8:30 a.m.to 4 p.m., Room F110, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville. Cost is$90.

Jan. 21Intermediate Excel 2007: 8:30 a.m. to

4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Beginning Excel 2003: 8:30 a.m. to 4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Beginning & Intermediate AdobeAcrobat: 8:30 a.m. to 4 p.m., Room F111,John A. Logan College Center for Business& Industry, 700 College Road, Carterville.

Jan. 22Beginning QuickBooks 2009: 8:30 a.m.

to 4 p.m., Room F111, John A. LoganCollege Center for Business & Industry,

700 College Road, Carterville.

Jan. 27Intermediate Access 2003: 8:30 a.m.

to 4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

Jan. 28Advanced Excel 2007: 8:30 a.m. to

4 p.m., Room F112, John A. LoganCollege Center for Business & Industry,700 College Road, Carterville.

For more information on John A. Logan or to register for classes, call 618-985-2828,ext. 8510 or e-mail cbi@jalc.edu. Cost is $55

unless otherwise noted.