Menna Supko & Nelson LLC Wins Turnpike Bid Protest

Forces Rescission of Pre-Qualification Previously Granted By Authority In
Relation To Extra Heavy Duty Towing and Recovery Services Contract

On February 23, 2011, Menna Supko & Nelson LLC attorneys Brian M. Nelson and Michael P. Supko, Jr. won a bid protest before the New Jersey Turnpike Authority (“the Authority”) on behalf of our client, B&L Towing & Recovery of Carteret, which had bid on a highly valuable contract to provide extra heavy duty towing and recovery services on one of the busiest sections of the New Jersey Turnpike.
 
There is a very difficult burden to overcome in such proceedings.  Not only must the Authority essentially admit error in accepting unqualified contractors or bids, but the law provides the Authority extraordinary discretion in making determinations interpreting its own bid specifications and needs.  Nevertheless, through a hearing conducted by the Authority in which its own witnesses testified against our client’s position, we were able to demonstrate that the Authority overlooked important written interpretations of its own specifications resulting in a determination that our client’s primary competitor was not qualified to bid.
 
The New Jersey Turnpike is one of the most heavily travelled roadways in the nation upon which millions of dollars in interstate commerce takes place every day.  To keep things moving when accidents occur, the Authority privately contracts for extra heavy duty towing and recovery services that must be provided on a 24/7/365 basis by only the most experienced contractors with millions of dollars of specialized equipment that can quickly and safely remove large tractor-trailers and their loads from the roadway.  Accordingly, the Authority drafts highly detailed pre-qualification and bid specifications to ensure that only the most highly qualified contractors with the proper equipment are pre-qualified to bid on such contracts.
 
Like many pre-qualification or bidding proceedings, there is a period for written questions to be submitted with written answers being provided by the contracting entity that become part of its specifications.  Frequently this valuable process is overlooked by both bidders and contracting entities, which can use it to their competitive advantage to clarify vague or ambiguous specifications.  While contracting entities have significant discretion, they must still play by the rules they are subject to and the specifications they establish. Further, all too often government entities and private bidders fail to conduct adequate due diligence regarding the growing body of laws and regulations governing public bidding processes. Specifications are also frequently overlooked and merely copied from other entities without a complete understanding of the terms and conditions contained therein that reduce competitiveness or cause other problems, outdated or inapplicable forms are used, and most State and local pay-to-play regulations continue to be misunderstood.
 
New Jersey has hundreds of public entities, authorities and commissions that have been subjected to increased scrutiny recently by the State Comptroller, which has through numerous reports now, highlighted poor or improper bidding practices by many governmental entities.
 

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Wall Committeeman George Newberry enters Freeholder race

WALL TOWNSHIP – Wall Township Committeeman and former Mayor George K. Newberry announced that he is seeking the Republican nomination for Monmouth County Freeholder. 

“Being born and growing up in Monmouth County, I know first-hand what a tremendous jewel Monmouth County is. It is with that value in my heart for this County that I announce my candidacy for Freeholder,” he says.

“I believe I demonstrated as Mayor and as a Wall Township Committee member that I have the experience, knowledge and values to be an effective member of our Freeholder team, and I ask for the support of my party to place my name on the ballot,” he adds.

Newberry says that thanks to many decades of Republican leadership, Monmouth County is envied for having a high bond rating, low county taxes and the finest parks, recreational programs and library services.  He says he plans to continue on the strong foundation laid by previous administrations and use his many years of business experience overseeing multi-million dollar budgets and large commercial projects as a member of the Freeholder Board.

“Today’s tough economic times call for vision and experience in controlling spending and waste. In continually controlling costs the Freeholder Board must keep in their vision what Monmouth County has become and make sure the high level of regard many have for Monmouth will remain. I promised the people of Wall and will promise the residents and businesses of Monmouth County that as I work toward efficiencies in budgets and they look in the future at the town they know and the County they love those places will be no less than what they envision them to be today. As a senior project manager for a large contracting company, I have hands-on experience negotiating contracts, budgeting, managing a large staff and making a dollar go further,” he says.

Living in Wall Township and working for 25 years in the Bay Shore area, as well as assisting his Father, who until his recent passing, lived in Cream Ridge, has given Newberry a bird’s eye view of the County on a daily basis for many years.

Newberry, age 55, traces his heritage back at least five generations in Monmouth County. He has been married to his wife Jeanne, formerly of Rumson, for 35 years. They have a son, Bill, and daughter, Beth. 

Mr. Newberry has been a member of the Wall Fire Company #1 since 1988 and served as Chief for five years.  A member of Wall Kiwanis, he was named VFW Citizen of Merit in 1996 and Wall Township Citizen of the Year in 2005.  He was the second gentleman to serve as president of his local PTA in his 120 year old elementary school and is a participant of the Ocean Grove Camp Meeting Association as well as St. Paul’s United Methodist Church, Ocean Grove. He has volunteered with The National Park service in West Orange and served as a member on the Wall Township planning board as well as rent stabilization board. Newberry has been a member of IBEW Local 400 electrical workers union since 1977.

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Middletown Mayor Addresses Library Concerns

Middletown Mayor Tony Fiore sent the following message to the approximately 6000 Middletown residents who have subscribed to the township’s website and electronic communication program.  The Mayor’s message about the library is also posted on the Middletown website.

Dear Township Residents:

I felt it was necessary for me to respond to the recent flurry of comments and emails regarding the Middletown Township Library. It is unfortunate that some have chosen to engage in the spread of completely false information with regard to the Township Committee’s request of the Middletown Library Board. So let me set the record straight.

First let me make it very clear that neither I nor any member of the Township Committee has ever suggested or proposed closing any library facility in the Township. We would simply not do such a thing.

The situation the Township finds itself in is not unlike that being faced by towns throughout New Jersey. With revenues sharply down due to the economic downturn we remain in and with state-mandated costs ever on the rise, we are now faced with an extraordinary fiscal challenge. This includes the potential for the layoff of a number of employees and even possibly police. Be assured that we do all we can to avoid layoffs and we take the matter very seriously.

The Library budget is different from the Township budget in that state law specifies how much must be allocated to the library each year, whether it is needed to operate the library or not. The result of this is that the library now has a surplus of $1.2 million. While some portion of this surplus is needed for ongoing support of library programs and initiatives, the vast majority is not needed for continued operations. I personally met about two weeks ago with the Library Director and the Board Chairman and asked that they bring back to the library board a request to transfer approximately $700,000.00 – $800,000.00 of their surplus to the Township’s budget. This would be used to offset layoffs and to help fund the continuation of many vital Township services and help to offset the impact of over $4 million in tax appeals.

The Township Committee is fully aware that the library board cannot be forced to do this. However we are asking that they work with us in a unified effort to help all of the residents and taxpayers of the Township. I would note that the Township Sewerage Authority dedicated a portion of its surplus to the Township last year and we anticipate them doing the same again this year.

Many people have expressed concern that the Township Committee is seeking to transfer operation of the library to the Monmouth County Library System. Let me be clear that the Township Committee has taken no action to do this. Such a move would be an absolute last resort, but without the transfer of some of the library surplus it may become a fiscal necessity. Not an option, a necessity. Should this action have to occur, the library would not close, it would simply move under the umbrella of the county and the staff would become county employees rather than be Township employees. Again, we do not want to make this move. We would like to see our library continue as the great Township facility it is. Our hope is that we can work with the Library Board as a team with the best interests of the Township as the goal.

Sincerely,
Anthony P. Fiore, Mayor

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Governor Christie Releases Recommendations for New Capital Program for SDA Districts

Trenton, NJ – Governor Chris Christie today announced a complete revamping of the Schools Development Authority construction program and the first-ever statewide prioritization of SDA school construction projects to bring accountability to the spending of hundreds of millions of taxpayer dollars annually for school improvements and expansion. The new program embodies the fundamental reforms taken at the SDA since Governor Christie took office.  The recommendations will be presented to the SDA Board of Directors in the coming weeks for their review and approval.

The new approach is the result of a comprehensive review conducted over a six-month period by an internal working group consisting of SDA and Department of Education officials and reflects a wholesale strategy shift from the SDA’s earlier 2008 Capital Plan.  The changes reflect a commitment to the efficient and proper use of public funds, an objective prioritization of statewide educational needs and the advancement of sound design and construction principles.  For the first time ever, the reforms will allow the Authority to responsibly advance each project in the most efficient, cost-conscious manner – unlike the wasteful, hands-off-the-steering-wheel approach of the prior program. 

“We all know that the prior program was associated with the absolute worst kind of government waste, mismanagement and lack of supervision, where much was promised, too much was spent, but too little was returned,” Governor Christie said.  “I could not responsibly or in good conscience let that history repeat itself at this agency.   We will move forward smartly and deliberatively to deliver value to the school districts and to our taxpayers.”

“The completion of the Capital Plan Review marks a new day for school construction in New Jersey,” said CEO Marc Larkins. “With a statewide prioritization in place, new project delivery processes planned, and a full understanding of the SDA’s capacity, the Authority is poised to move forward with an efficient, responsible school construction program that will address the needs of our students and communities statewide.”

Highlights of the 2011 Plan include:

·         A carefully considered, objectively prioritized Capital Program rather than merely a list of 52 projects

·         An annual selection of projects to be undertaken – starting with 10 in 2011

·         A strategic approach to standardization in school projects, allowing for design replication on multiple projects,  resulting in estimated savings of nearly $4 million per project over less efficient prior project delivery methods

·         Allocation of $100 million for the advancement of additional emergent projects in the SDA Districts

·         A statewide Prioritization Plan to be reviewed annually, providing a framework for project advancement so that only those projects most needed and most efficient will proceed into construction

The new approach and reforms represent a shift away from design excess, costly change orders and mismanagement, and will allow the SDA to responsibly advance each project in the most efficient manner.  The present review evaluated all projects using the same factors, where prior reviews showed a bias in favor of certain types of projects, including, for example, early childhood centers. 

The comprehensive review resulted in the recommendation to advance the following 10 projects in 2011, representing a state investment of almost $584 million:

·         Bridgeton – Cherry Street Elementary School 

·         Elizabeth – Academic Magnet High School

·         Long Branch – Catrambone Elementary School

·         Jersey City – PS 20 Elementary School 

·         Jersey City – Elementary School 3

·         New Brunswick – A. Chester Redshaw Elementary School 

·         Newark – Oliver Street Elementary School 

·         Paterson – Marshall & Hazel Elementary School

·         Paterson – PS Number 16 Elementary School

·         West New York – Harry L. Bain Elementary School

The SDA review yielded a consistent and fair analysis of projects statewide with all districts and all projects rated for the same factors.  For the first time, the SDA considered total project cost, cost per student and efficiency of construction.  Using the same uniform process and selection criteria, the SDA will identify the next group of school construction projects for 2012.

Governor Christie directed a comprehensive review of the SDA early in his administration. In addition, the State Auditor heavily criticized the SDA’s 2008 Capital Plan in June 2010.  Among the criticisms raised by the State Auditor was the requirement that every SDA District receive a project and that certain projects included in the 2008 Plan had never been properly evaluated.

Since Governor Christie vetoed a change order proposed by the SDA in January of 2010 and Larkins was named CEO in March of last year, the agency has seen sweeping reforms.  The highlights of the reforms are improvements in handling change orders, with a renewed emphasis on protecting state resources, and a structural overhaul of the agency.  The new change order process affords more Board oversight of agency operations, and the new organizational structure moves away from a departmental model to a “team-based” approach.  The SDA has also reduced staffing by almost 20% and made other operational changes, reducing the organization’s budget by more than $4 million per year.

With the completion of the Capital Program and the organizational structure needed to support the program in place, the SDA will continue to implement strategies to execute projects more efficiently.  Through the annual advancement framework, the Authority will promote design standardization leading to design replication on multiple projects. In addition, the SDA will continue to identify alternate methods of project delivery including design-build, which allows for overlapping of design and construction schedules leading to faster project delivery.

Beginning in March last year, with Larkins’ appointment as CEO, the  SDA has undergone a sweeping reorganization.  The new structure moves away from a departmental model for the delivery of school projects to a “team-based” approach. This structure provides for greater continuity, better communication and supervision throughout the life cycle of a project. In short, the Authority can now deliver projects more efficiently and with the strictest adherence to cost controls.

The Authority fully funds and manages new construction and modernization of school facilities projects in SDA Districts. Other SDA District projects for which the Authority is responsible are renovations and repairs deemed emergent by the DOE due to health and safety reasons.  

The SDA also makes grants available to the 574 Regular Operating Districts (RODs) throughout New Jersey for projects approved by the DOE.  These grants fund at least 40 percent of eligible project costs, with the remaining share coming from local communities, contingent on budget or voter approval.  The SDA portfolio contains more than 1,000 active ROD grants, 388 of which have been advanced since May of 2010, and total more than $126 million.

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Residents Hate Wind Turbines. Politicians Keep Forcing Them Onto the People

By Chris Fotache, Right In Jersey

On Feb 8th, Gov. Chris Christie both vetoed the liquified natural gas project off the coast of New Jersey, and enacted a law to allow wind turbines on Atlantic City piers.

I’m not even gonna go into killing the LNG project, and the savings in heating costs that he refused. But why is he so adamant to get more wind turbines at the Jersey Shore? Residents have recently strongly opposed windmills in Union Beach and in Sea Girt, this last one prompting legislation to restrict building of turbines near residential areas.

It’s very trendy to advocate wind turbines to save the planet, when it’s not in your neighborhood. But what happens when wind mills COME to your backyard? Michele Francese lives in Ocean Gate, NJ, near one of the first New Jersey wind turbines. Here’s what she tells us:

I live directly across from a wind turbine in Ocean Gate. It has completely destroyed the quality of life that we once enjoyed in our quiet little town. Not only is the noise deafening at times, the reflection in our windows makes you feel like you have a disco ball spinning from your ceiling. I’m all for green energy, but more studies must be done before any more are located in residential neighborhoods. Unfortunately, another one is being constructed as we speak in Ocean Gate. I’m very disappointed that what could have been a positive thing has become an albatross around my neck. The concept is great but the result has failed terribly.

Andrew Walden just wrote a great article for the American Thinker, titled Wind Energy’s Ghost. There, he discusses all the failed wind project throughout the US, including the abandoned farms in Hawaii and California. Most of them have been abandoned. Hundreds of wind turbines lay unused because keeping them up cost more than the energy they produced. Wind turbines have to run all the time to keep the oil running, so if they get wind 20% of the day (which would be a very big number), they actually have to use energy from the power grid the rest of the 80%.

Ben Lieberman, a senior policy analyst focusing on energy and the environment asked the key question:

If wind power made sense, why would it need a government subsidy in the first place? It’s a bubble which bursts as soon as the government subsidies end.

Walden describes the reality of the wind industry:

The new paradigm created by the generation of 1968 is more political and less economy. Without government intervention, utilities normally avoid wind energy. Wind’s erratic power feed destabilizes power grids and forces engineers to stand by, always ready to fire up traditional generators.

So as all evidence points to wind turbines being non efficient and destined for failure, while residents near such windmills complain about lost property value and decreased quality of life, why do politicians keep pushing these bad policies?

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NATURAL GAS VETO BAD FOR BUSINESS AND CONSUMERS

By Michael Laffey

On Tuesday February 8 it was reported in the Asbury Park Press, http://www.app.com/apps/pbcs.dll/article?AID=2011110208042 , that the Governor vetoed   a proposal to build a liquefied natural gas port facility 17 miles off the coast of Asbury Park. This decision is bad for New Jersey business and consumers and the Governor should be urged to reconsider this decision.

Natural gas in its liquid form is not stored under pressure and is not flammable or explosive. When exposed to the environment it quickly evaporates. It therefore cannot result in a slick if it is spilled. The vapors when mixed with air are not explosive in an unconfined area.

Natural gas:

• creates less carbon dioxide per BTU than any other carbon based fuel
• is easily transportable
• burns without soot or sulfur dioxide
• is the  very plentiful and therefore very inexpensive compared to other fuels
• does not pollute soil or groundwater if released

These facilities operate all over the world.  This is not a new or unproven concept. Massachusetts already has two of these facilities.  The building of this facility would have created no environmental or safety risk to New Jersey and does not constitute a risk to our tourism industry. 

Building of this facility would create good paying jobs for New Jersey residents. It would lower energy costs for consumers and businesses.  The Governor wants to attract business to New Jersey and create jobs and this project would do both

This reason this proposal was opposed by environmental groups was because it involves fossil fuels. The unrealistic goal of those opposing the facility is to put fossil fuels out of business.  They do not want anything built that would provide low cost fuel to consumers because then expensive inefficient alternative energy sources can not compete.

No matter what your position is on global warming and fossil fuels the fact is that fossil fuels are not going to be replaced by solar and wind power anytime soon. A proper weighing of the economic benefit versus risk of this project leaves no doubt that it should be allowed to move forward.

As a counter to these misguided environmental lobbyists the Governor needs to hear from the people who would get jobs from this project and the businesses and consumers who would benefit from lower energy costs.  We need to urge the Governor to reverse his position. He needs to hear from the people who would benefit from this project rather then the misguided special interest groups who currently have his ear.

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Oceanport Task Force Comments on Legislation Aimed at Horseracing and the Future of Monmouth Park Racetrack

Press Release

We appreciate the efforts of the Legislature and in particular the Monmouth County delegation, on behalf of protecting horse racing.

Horse racing is an important and vital cog in not only Oceanport’s economy and the economy of Monmouth County but the entire State of New Jersey as well.  Horse racing contributes 7,000 jobs, $110 million in federal, state and local taxes, and 57,000 acres of working agricultural landscape and open space to our “Garden State.”  

Our own Oceanport Task Force on Monmouth Park has continued to maintain the position that VLT’s, slot machines, or an all out gaming casino in the Meadowlands is the only way to protect horse racing in New Jersey. All the surrounding states of New York, Pennsylvania, Delaware and Maryland now have some form of gaming at their race tracks. This uneven playing field enables our competitors to lure New Jersey horseman out of State with larger purses and better quality horse racing.  

In addition to A-2926 authorizing “exchange wagering,” and the enactment of S-2229 to permit racetrack permit holders to provide a single pari-mutuel pool for every horse race; We applaud the Governor’s signing of the bipartisan bill, S-11, approved in the New Jersey Senate and Assembly, that would enable horse racing to not only survive, but to thrive.  The bill includes a $ 30 million allocation to horse racing, to be phased over a 3 year period; $15 million in 2011, $10 million in 2012 and $5 million in 2013.

Last year Monmouth Park’s “Elite Summer Meet” raced 71 days. Purses almost tripled-about $20 million came from a now expired casino purse supplement-and total pari-mutuel handle increased $123 million on the year. This was a significant return on the investment made toward the purses. As of Jan. 24 no action had been taken on the status of Monmouth Park’s 2011 racing schedule. By law, the New Jersey Racing Commission awarded Monmouth 141 Thoroughbred dates.

The Governor’s announcement this week that the New Jersey Sports and Exposition Authority would issue in the near future a Request for Proposals for the sale of Monmouth Park, including assignment of additional off-track wagering operations comes as no surprise to the Oceanport Task Force. Representatives have maintained an open dialogue with the Hanson Commission, the NJSEA, the Thoroughbred Horsemen and others that will likely play a key role in preserving horseracing at Monmouth Park. 

The Oceanport Task Force on Monmouth Park

Chair  Michael J. Mahon, Mayor   Co.-Chair Gerald Briscione, Former Council Member

Sen. John O. Bennett

Sen. S. Thomas Gagliano

Hon. Caroline Casagrande, Assemblywoman

Hon. Lillian Burry, Freeholder

Hon. Clem Sommers, Former Mayor & Freeholder

Hon. Joseph Irace, Council Member

Mr. Peter Geronimo, IBEW 400 Business Manager

Mr. Alfred DeSantis, Public Member

Mr. David Gruskos, Owner and Member NJTHA

Mr. Bernard Dowd, Veterinarian and Member NJTHA

Mr. Bert Lynch, Public Member

Mr. Joseph Marinaro, Public Member

Mr. James Ryerson, Trainer and Member NJTHA

Mr. Robert Kelly, Public Member

Mr. William Finley, Turf Writer

Mr. Thomas Galligan, Public Member

Contributing:

Mr. Dennis Dowd, Former NJSEA and Monmouth Park Race Official

Mr. Jerold Zaro, Former NJSEA Commissioner

Mr. John Forbes, President NJ Thoroughbred Horsemen’s Association

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Beck, O’Scanlon, Casagrande Praise Governor’s Action on Wagering Bills

Trenton— Senator Jennifer Beck and Assemblymen Declan O’Scanlon and Caroline Casagrande (all R- Monmouth/Middlesex) today said that Governor Christie’s actions on off-track, exchange wagering, and pari-mutuel betting legislation will strengthen New Jersey’s horse racing industry. Governor Christie signed A-2926 and A-3200, which establishes a system of exchange wagering for in-state and out of state races and single pool betting, respectively. The Governor offered a conditional veto recommending minor changes to A-1705, which expands off-track and account wagering.

Senator Jennifer Beck

“Horse racing is vital part of our regional economy and helps preserve significant amounts of open space in our state. Exchange wagering and pari-mutuel betting will help the industry adapt to a changing market and consumer preferences and lend a much needed boost to the racing industry’s revenues. The Governor has also offered sensible revisions in his conditional veto of the off track wagering bill that I believe can and should be swiftly adopted by the Legislature.”

Assemblyman Declan O’Scanlon

“I have always believed that revitalizing Atlantic City and saving the horse racing industry do not have to be mutually exclusive endeavors. I am very pleased that the Governor has signed two bills that will help horse racing survive through innovative and creative betting instruments. I also want to thank him for working with and listening to racing advocates such as myself as he plots an improved course for the gaming industry as a whole in New Jersey.”

Assemblywoman Caroline Casagrande

“The most effective type of aid horse racing can receive is that which helps the industry stand on its own two feet. Exchange and single pool pari-mutuel betting are a step in the direction of doing just that. Off track betting is also a critical component of the equation for a stronger horse racing industry, and I call on my colleagues to swiftly take up the changes recommended in the Governor’s conditional veto which are neither unreasonable nor a threat to the overall objective of the bill.”

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If ObamaCare is so great, why does the White House keep exempting its best friends from it?

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SOTU = The Old Razzle Dazzle. “When you’re in trouble go into your dance.”

By Diane Gooch

“Give ’em the old razzle dazzle” goes the refrain to one of the most entertaining and memorable scenes from the play “Chicago.” It seems President Obama drew inspiration from the production named after the city in which he began his political career.

Unlike many who have derided his performance as “flat,” I found it to be reasonably dynamic. It was passionately delivered and vague enough to be inoffensive. The bipartisan applause lines and sprinkle of humor were injected to create the impression that the president was humble and not asking for anything illogical. Just the good old post-partisan and centrist Obama from the campaign days. As the song “Razzle Dazzle” continues, “when you’re in trouble go into your dance.”

At points, I felt as if the President had become a subscriber to our paper and was reading my editorials. A few “Did he really say that?” moments include his calls to: eliminate the 1099 penalty from the health care law, cut the corporate tax rate, reduce frivolous lawsuits, simplify the tax code, and scale back burdensome and archaic regulations on business. If this was his State of the Union two years ago, it may have been remotely believable.

It didn’t take long to realize that the speech was to serve mostly as a distraction from the reality of the president’s agenda for the past two years, and his designs to do more of the same in the next two: more spending, bigger government and completely ignore entitlement reform.

During a meeting with business executives I attended last year, the consensus in the room was that President Obama was smart to jam and ram through the most unpopular and controversial aspects of his agenda in his first two years in order to focus on getting re-elected over the next two. While most opposed the policies, they recognized the virtues of the tactics. The “ram it through” strategy was made even more appealing considering the overwhelming majorities the president’s political party held in Congress.

But that strategy has consequences when the agenda does not represent the “will of the governed,” and primary among the casualties is the president’s desire to be viewed as either a centrist or post-partisan. Unfortunately for Mr. Obama, his speech was undermined by the lack of his own credibility on the most critical issues he mentioned; job creation, deficit reduction and tax reform. That tension showed up in the speech itself. Even liberal columnist Paul Krugman commented in the New York Times on the speech: “We’re going to invest in the future — but we’re also going to freeze domestic spending. …I have no idea what the vision here was.”

Anticipating Republican charges that “investments” he promoted in his address were merely code for new federal spending we can’t afford, the president fashioned a pithy defense: “To borrow an analogy, cutting the deficit by cutting investments in areas like education, areas like innovation — that’s like trying to reduce the weight of an overloaded aircraft by removing its engine,” Mr. Obama said in a December speech at a community college in North Carolina. “It’s not a good idea.”

But in this defense lays the principle difference between Republicans and Democrats. The president and his Party believe the “engine” is the government and its bureaucracy, while Republicans believe the driving force comes from private enterprise and the American entrepreneur.

The unemployment problem facing our nation has made a sustainable and meaningful economic recovery very difficult. However, identifying the greatest impediment to resolving it is far clearer; it’s the uncertainty created by new government policies and burdensome regulations. In a two year period, private industry has endured the prospect of new health care mandates, attempts to regulate energy usage through a carbon tax, counter-intuitive financial regulations and the probability of the largest tax increase in American history in two short years.

Is it a wonder that corporate America is sitting on nearly $2 trillion in earnings, rather than investing in their own expansion? Without knowing what to expect over the next two years, the risk takers and job creators have had to assume a more defensive posture, relegating them unable to do what our economic system and workforce needs them to do, which is to grow and create jobs.

Rhetoric cannot replace a record of real achievement. After two years of “razzle dazzle,” the American people must demand more from this president.

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