JANUARY 2014
the
Entrepreneur issue
CENTER OF SECURITY
Security Pros leading area surveillance, securitY market
MANY
MARKETING OPTIONS FOR TODAY’S Entrepreneurs
ENTREPRENEURSHIP
NABC
CONTINUES TO FLOURISH
LEADING THE SUNNY SIDE Epperson SETTLES IN AS LEADER OF TOURISM BUREAU
= FAILURE
(BUT IT DOESN’T HAVE TO)
editor’s message
EDITOR
Daniel Suddeath
Much to enjoy, yet much to still improve PHOTOGRAPHY
It’s time to embark upon a new year, and while most people are talking about resolutions around this time, why not take a look back at what we have accomplished, and also what we failed to achieve. Without a doubt, there was plenty to be thankful for in 2013. Several new businesses opened in Southern Indiana, and others that have been staples of the community for years continued to enjoy success. River Ridge Commerce Center continued to bloom, and New Albany completed Grant Line Industrial Park West near Indiana University Southeast. It’s hard to discuss commerce in the region without acknowledging the elephant in the room – the Ohio River Bridges Project. Substantial progress was made on the project in 2013, and that was good or bad news depending on how you feel about the ORBP and the price tag that comes along with it. Some business owners believe tolling bridges will severely cut their bottom lines, and frankly the government and its hired agencies haven’t done enough to address those concerns. On the other hand, other businesses tout that expanded connectivity created by the ORBP will generate millions of dollars and thousands of jobs for Southern Indiana and the region. There will be several more years to gauge the project – specifically how it affects businesses, employees and consumers — but a good place to start would be more consideration of the impact of the ORBP on local communities. For example, bi-state authorities ruled there wouldn’t b a substantial effect on New Albany streets as a result of the ORBP. Considering the Sherman Minton Bridge won’t be tolled, how could anyone believe more motorists won’t use Interstate 64 to access Louisville? The flow of traffic will have a profound effect on New Albany businesses as well, specifically those located downtown. In 2013, the city began addressing some of those concerns when some officials suggested a street survey be conducted as a means to converting some downtown roads to two-way traffic. Many downtown business owners have stated switching streets including Spring Street to two-way instead of one-way traffic would be good for their establishments, especially with more traffic almost certainly to be headed that way within a few years. The study, and as a counterpart the conversion of one-way streets to two way, were held up in 2013, but there are still several business owners and elected officials pushing to have it revived in 2014. In fact, the New Albany Redevelopment Commission may take action on the street study in January. Transportation is a large issue that affects everyone. There are dozens of smaller, more personal issues that also have large impacts on businesses and consumers in our community. Hopefully in 2014 we can be more cognizant of the concerns of both customer and business owner, and we will have even more to celebrate this time next year.
Christopher Fryer
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Christopher Fryer is a staff photographer for the News and Tribune. He regularly contributes to Southern Indiana Business Source.
Southern Indiana Business Source | January 2014
facebook.com/ sibusinesssource Southern Indiana Business Source is published by the News and Tribune Publisher Bill Hanson
bill.hanson@newsandtribune.com
Editor Daniel Suddeath
daniel.suddeath@newsandtribune.com
advertising manager Mary Tuttle mary.tuttle@newsandtribune.com
CONTRIBUTORS Paul Sanders, Todd Logsdon, Timmothy Weatherholt, Blayr Barnard, Vern Eswine, Rob Eichenberger, Gary Banet, Jeff Wallace Design Brandi Jones Stephen Allen PHOTOGRAPHY Christopher Fryer Contact us Letters to the Editor:
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SOUTHERN INDIANA busiNESS SOURCE 221 Spring Street Jeffersonville, I N 47130
in this issue
on the
COVER
Owner and founder Chris Gilbert has wielded Security Pros into a regional powerhouse with accounts in 13 different states and contracts with national companies. See more on page 20.
20 labor laws FISHER & PHILLIPS, LLP Todd Logsdon Timothy Weatherholt
14 S outh e rn I n d iana B U S I N E S S S ourc e
partners
PHOTOS BY CHRISTOPHER FRYER
FEATURES: Leader of the Sunny Side Epperson settling in as leader of tourism bureau
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NABC continues to flourish Two restaurants and a well respected brewery
29
Community Development Recent news and updates Personnel & Promotions Who’s going where, and when Book Review by Paul Sanders Small Business Entrepreneurship = Failure Legal Affairs Intellectual Property Issues Marketing Many options for Entrepreneurs
Southern Indiana Business Source | January 2014
6 10 12 15 19 24 5
community development
Paco celebrates 60 years Employees and retirees pose for photographs with their friends and families during Paco Manufacturing’s employee appreciation party at 300 Spring in Jeffersonville in December. The party was also a celebration for the Clarksville company’s 60th year as a business. Photos by Christopher Fryer
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Southern Indiana Business Source | January 2014
Law firm named A-team Wyatt, Tarrant & Combs LLP had been named to the BTI Client Service A-Team 2014. The BTI Client Service A-Team is limited to law firms considered by clients to be the absolute best in driving client service excellence. According to BTI’s most recent research, clients recognize Wyatt as an unparalleled leader for providing value for the dollar. The BTI Client Service A-Team is the only law firm ranking based solely on objective, unbiased client feedback from corporate counsel. In-depth interviews with nearly 300 corporate counsel reveal Wyatt, Tarrant & Combs delivers a high level of client service compared to other law firms serving the world’s largest clients. Wyatt is a full-service regional law firm with approximately 200 lawyers and an office in New Albany. For more information about Wyatt, visit wyattfirm.com
Clark Memorial receives award Clark Memorial Hospital announced it has been named a 2013 Guardian of Excellence Award winner by Press Ganey Associates Inc. The award recognizes top-performing facilities that consistently achieved the 95th percentile of performance in physician engagement. According to Martin Padgett, president and CEO of Clark Memorial Hospital, the award represents an important recognition from the industry’s leader in measuring, understanding and improving the patient experience.
BODY SHOP & AUTO SERVICE Celebrating Decades Forty years of practicing law was a notable landmark in the careers of Bill Moyer (of counsel), left, and Mick Ward (partner), who were celebrated recently by Lorch Naville Ward LLC. Both were admitted to the Indiana Bar in October 1973 and continue their affiliation with the practice at 506 State St., whose New Albany roots date back to the 1920s. Also, Mary Anne Lindblom, center, was feted recently by Lorch Naville Ward LLC, to commemorate her 20 years of service as a legal assistant with the law practice. She has worked closely with partners Tim Naville, left, and Robert Hamilton. The practice concentrates in adoptions, bankruptcy, civil litigation, corporate/business, criminal law, family law, guardianships, personal injury, real estate, wills, trusts, estate planning/ administration, elder/Medicaid law, utilities, telecommunications, zoning, and mediation. Submitted photos
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Southern Indiana Business Source | January 2014
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community development
West Coast hearing aid company opens in Jeffersonville Hearing Aids by Zounds, a local Zounds franchise, announced the opening of its first location in Jeffersonville, IN at 3310 East 10th Street. Zounds Hearing is a Phoenix-based hearing aid company that has 30 locations including one in Louisville. Owner Dan Teague recently held a grand opening and ribbon cutting supported by 1si and the City of Jeffersonville. Teague opened the 1,200 square foot store in Ryan’s Crossings shopping center on November 4, 2013 and is supported by a staff of two: Mary Jude San Miguel, Director of Business Development and Hearing Conservation and Joan Saltz DiCola, Customer Service Specialist. About Zounds Hearing: One of the fastest growing hearing aid companies, Zounds Hearing designs, manufactures, and retails high-performance hearing aids for use with mild, moderate, severe and profound hearing impairments. Headquartered in Phoenix, Arizona, the company’s technology enables breakthroughs in product, performance, selection and value. Zounds utilizes internally developed research and 58 exclusive patents. The Jeffersonville office hours are Monday through Friday 9 a.m. – 5 p.m. For more information, please visit http://www.ZoundsHearing.com or call (812) 288-8280.
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Southern Indiana Business Source | January 2014
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personnel & promotions
Brooking awarded for industry achievement True Colors Tanning Salon announced that President Lisa Brooking has been awarded the International Smart Tan Industry Achievement Award for 2013. Since 1997, Smart Tan Magazine has recognized true innovators and difference-makers in the tanning community with the Smart Tan Award, presented at their annual convention which was held in Nashville, Tenn. This award recognizes the efforts that truly advance the indoor tanning community as a whole. When faced with legislation in her state that unfairly targeted those who believe in Smart Tanning, Brooking quickly became an active advocate for the entire industry. She made regular trips to Indianapolis to meet with elected officials and tirelessly attended many of their events. In addition, Brooking invited the legislators to visit her business. She educated them the same way she educates her clients — by showing them True Colors Tanning cares about every person who tans with them. She showed them skin typing, how to control exposure, discussed the salon’s dedication to its sanitation practices as well as teaching real-world sun care. Legislators were impressed by Brooking’s tenacity. True Colors Tanning is a 10-salon chain located in five counties in Southern Indiana with one location in Prospect, Ky. True Colors Tanning was established in 2003 with its first location in New Albany. Visit truecolorstanning.com for more information.
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Southern Indiana Business Source | January 2014
Koening named development officer at IUS Indiana University Southeast announced the hiring of Robert Koenig as a development officer for the campus. Koenig joined the Office of Development at IU Southeast Oct. 14. He will be responsible for working with donors on major gifts and annual gifts to the campus. A fundraising professional for more than a decade, Koenig most recently served as the president/program strategist for LTV Strategies in Louisville. In his career, Koenig has served organizations throughout the country as an annual fund manager and as an account manager for a fundraising agency. He has experience in a variety of nonprofit sectors including faith-based charities, food banking, animal welfare, conservation, literacy and health care. He received a bachelor’s degree in political science from Providence College in Providence, R.I., and holds the Certified Fund Raising Executive Professional designation. He joins a development team that recently completed a multiyear capital campaign which raised more than $12 million for IU Southeast.
LifeSpan Expands LifeSpan Resources has expanded its staff by welcoming Kristina Insignares, Mila Selimovic, Rebecca Donaldson and LaCarra Darnes as Care Managers. Jenne’ca Dale also joined the care management team as a part of her practicum for her studies toward her MSSW through the University of Louisville. LifeSpan Resources provides inhome services to 1,300 elderly and disabled clients in Clark, Floyd, Harrison and Scott counties. Each client has a care manager who meets with them regularly to ensure they are receiving the services necessary to remain independent, safe and healthy.
LSI Leadership Southern Indiana welcomes new Program Coordinator Lisa Bottorff. She is responsible for managing LSI’s programs and supporting the curriculum committee of the Board of Advisors. A 2004 graduate of the Discover program, she has served on various LSI committees over the years.
Goodwill of Southern Indiana: New Board of Directors announced Goodwill of Southern Indiana announced the newest members to the agency’s Board of Directors. Trey Lewis, Director of Career Development Center, Indiana University Southeast; Trace Wimsatt, Finance Director, Clark County Auto Auction; Willie Billingslea III, District Manager, Budget Services and Supply; and Bill Graham, Mayor of Scottsburg, Town of Scottsburg. Goodwill of Southern Indiana’s mission is to serve children, adults and the community through the power of donated goods. For more information, call 800-660-3355 or visit its website at goodwillsi.org
CCIM names 2014 members The CCIM Institute, one of the largest commercial real estate networks in the world, elected new members to its 2014 Board of Directors during the organization’s annual conference in Denver. The CCIM Institute confers the Certified Commercial Investment Member (CCIM) designation, commercial real estate’s global standard for professional achievement. Jim Baker, CCIM, owner of Baker Commercial Real Estate, was elected to serve as a member of the board through 2016. The board serves as the governing body for the Institute and convenes at the organization’s spring and fall business meetings. Baker recently served as the 2012 President of the Kentucky CCIM Chapter and is the 2013 Regional Vice President for Region 7 of the CCIM Institute. In addition, Jim is the Southeast Indiana representative for the Indiana Commercial Board of Realtors. Learn more about the CCIM Institute at ccim.com
Stites & Harbison, PLLC, ranked top 50 Law firm U.S. News & World Report and Best Lawyers have released their 2014 “Best Law Firms” rankings. Stites & Harbison, PLLC, places among the top 50 law firms surveyed in the total number of metropolitan rankings. The firm’s overall results include 107 metropolitan rankings, up from 89 in the 2013 release, from clients in Atlanta, Ga., Lexington and Louisville, Nashville, Tenn., and Washington, D.C., metro areas. This year, the firm also gained another National Tier 1 ranking to now include three: Litigation — Construction, Litigation — Real Estate, and Trademark Law. The national first-tier rankings will be featured in the first edition of the “Best Law Firms” Legal Issue; national and metropolitan first-tier rankings will be featured in the “Best Law Firms” General Counsel publication. The rankings are also available online at bestlawfirms.usnews. com. For more information, visit stites.com
submit your news Have community news? We’d like to hear it! Submit your information to newsroom@newsandtribune.com
Southern Indiana Business Source | September 2013
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book review Paul SANDERS
Paul Sanders is an award-winning writer who worked for the past 10 years in the training industry with best-selling authors including Stephen Covey, Ken Blanchard and Tom Peters. He is an adjunct professor who works with the Sullivan University Dale Carnegie Group.
Achieving entrepreneurial business success often begins with a series of questions: How do I define the business? Is the market large enough to support it? How can I reach the right customers? These two books provide valuable coaching for anyone who wants to get into the game and is seeking profits, satisfaction and real long-term success.
1
“The Expert’s Edge: Become the Go-To Authority People Turn to Every Time” by Ken Lizotte
Entrepreneurs struggle with intense competition, new technologies and rapid change in the marketplace. Often, despite adherence to best practices in sales and marketing, and exhaustive efforts by owners, new businesses fail. Ken Lizotte suggests there may a means to overcome this. Strategically, this means defining yourself not as a “specialist” or “professional,” but as a “thoughtleader.” Thoughtleaders are sought out for their expertise. Rather than constantly pursuing marketing and sales endeavors, thoughtleaders gain business through an ever-expanding base of customers that seeks them out. That is not to say that thoughtleaders don’t have to work hard or that thoughtleading as a business strategy doesn’t have its demands. Nonetheless, Lizotte refers to a program of proven ideas that can help transform the entre12
Southern Indiana Business Source | January 2014
preneur or professional into the thought leader.
“Five Pillars of Thoughtleading”: 1. Publish articles and write books 2. Speak regularly to groups and companies 3. Inspire with “fresh” thinking, via research 4. Attract ongoing media attention 5. Creatively leverage the Internet The author suggests Pillar One, writing and publishing, as the means for building thoughtleading muscle. The other Four Pillars fit Pillar One like the fingers in a glove. Thoughtleaders are in the public eye, but it is a narrower lens — the business public eye. He gives as examples Tom Peters, Stephen Covey, Malcolm Gladwell, Suze Orman, and Rosabeth Moss Kanter, among others. While the general public may recognize few of these names, they have sold millions of books and developed extensive followings. As the author points out, thoughtleaders have a longevity that lasts for decades. Thoughtleading has a
proven return on investment (ROI). Lizotte’s aim is to provide a business strategy, one that will overcome the competition. “The Expert’s Edge,” positions you in a different business reality than others, one uniquely built on your own talents and perspectives. This book is a great read for entrepreneurs, business owners and professionals — anyone striving to be more and contribute more.
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“Get Slightly Famous: Become a Celebrity in Your Field and Attract More Business with Less Effort” By Steven Van Yoder
Featured in dozens of publications ranging from Entrepreneur, Inc. to The Washington Post, Steven Van Yoder is a recognized expert on public relations, branding and thought
leadership marketing. In “Get Slightly Famous” he presents a deep understanding of the challenges facing business today. Whether an entrepreneur or working for a large corporation, if you think business is harder and more competitive, that’s because it is, Yoder says. His response to this is a toolbox of strategies to get you more business with less effort. Yoder goes beyond general principles, providing specific techniques to help any entrepreneur or professional in their development. “Get Slightly Famous” is not about the paparazzi-inciting fame of movie stars or top athletes. It’s how to become “just famous enough to make their names come to mind when people are looking for a particular product or service.” It’s the type of fame that allows entrepreneurs and others to develop more business without working so hard to get it. Yoder blueprints a process for the reader to follow. The starting point is targeting best prospects. This does not require surveys or focus groups, but may be as simple as asking potential customers the right questions. From
there, you can begin to develop a unique market niche and position your business as the best solution. Yoder stresses the importance of maintaining visibility, a cornerstone of staying slightly famous. Visibility must be combined with credibility. To build credibility, you become a “recognized” expert — an individual with in-depth knowledge about a specific subject. With this foundation, you can establish your brand and reputation. The Chapter “Aim for a Target” about the process of establishing a profitable market niche could help in avoiding the oft-made mistake of marketing too broadly. Marketing, Yoder says, must have a natural, sharp focus. “The more you specialize, the more of your market will see the value of your service because you speak directly to their unique situation,” he says. The book’s case studies and interviews with entrepreneurs and business leaders make for interesting reading. This is a valuable, insightful look at how to get established in today’s competitive marketplace.
Southern Indiana Business Source | January 2014
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labor laws FISHER & PHILLIPS, LLP
laborlawyers.com
Todd Logsdon is a partner in the Louisville office of Fisher & Phillips LLP, a national firm representing employers in labor and employment matters. He practices exclusively in the areas of labor and employment on behalf of employers, with an emphasis on discrimination, wage and hour, FMLA and OSHA issues. Contact Todd at tlogsdon@laborlawyers.com. Timothy Weatherholt is an associate in the Louisville office, practicing exclusively in the areas of labor and employment on behalf of employers, with an emphasis on discrimination, FMLA, ADAAA and wage and hour issues. Contact Tim at tweatherholt@laborlawyers.com
Seventh circuit makes it easier for discrimination claims to reach a jury
E
very employer knows the dangers of disparate treatment, but a recent case highlights the potential consequences of setting a bad precedent. When making disciplinary decisions, employers should think about how today’s decision may constrain them in similar future situations. In Perez v. Thorntons, Inc., Case No. 123669 (7th Cir. Sept. 30, 2013), the Seventh Circuit Court of Appeals, which hears appeals from Indiana federal district courts, found that a Hispanic female employee earned the right to a jury trial by showing a Caucasian male supervisor was treated more favorably under similar circumstances. Thorntons hired Perez as a customer service representative in 2005, and promoted her to retail store manager in 2008. In 2009, her regional manager conducted a routine review of the store’s video surveillance and discovered Perez had sold herself $127 worth of candy bars for just $12. Perez claimed her supervisor gave her permission to do this. She was fired for failure to “control cash and/or inventory.” A few months earlier, however, the store’s general manager, Don Koziol, used his personal credit card to “buy” a large quantity of beer and wine from the store at full price. When questioned about this, Koziol explained he had discovered beer and wine were missing from the store; Koziol suspected it had been stolen, but he did not know by whom. Koziol 14
said he had tried to cover up the missing inventory by making a dummy purchase on his own credit card, so he would have a chance to identify the culprits. He believed, if the theft went undetected, the thieves might return and he could catch them in the act. Koziol received a written reprimand and a warning for engaging in this cover and risking additional theft, but he kept his job. Perez brought a claim alleging gender and national origin discrimination under Title VII of the Civil Rights Act of 1964. Thorntons moved for summary judgment, and the district court granted its motion. The court disagreed with Perez that Koziol was a similarly situated employee because it found their violations were not similar. It noted that, unlike Koziol, who paid in full for the missing liquor merchandise and did not financially affect Thorntons, Perez’s cash overrides resulted in a loss of about $115 to the company. On appeal, the Seventh Circuit disagreed with this conclusion. Before discussing the merits, it noted that “the time has come to jettison the ‘ossified direct/indirect paradigm’ in favor of a simple analysis of whether a reasonable jury could infer prohibited discrimination.” For years, courts have analyzed direct and indirect evidence of discrimination differently, but this court, in keeping with a modern trend, chose to focus on the ultimate issue of whether a reasonable jury could infer
Southern Indiana Business Source | January 2014
prohibited discrimination. After considering the evidence, the court found the jury could infer prohibited discrimination and stated, “Perez and Koziol answered to the same decision makers, were measured by the same standards, and committed similar but not identical infractions, yet Perez, a Hispanic female, was fired, and Koziol, a non-Hispanic male, was not.” The court further found Perez could establish Thorntons’ reasons for terminating her were pretextual for similar reasons. Among other things, Thorntons argued that any inference of discrimination should have been negated because the same individual both hired and promoted Perez, before he terminated her. The court stated the “same actor” inference is a reasonable inference that may be argued to the jury, but it is not a conclusive presumption that applies as a matter of law. This opinion demonstrates that employers should think carefully about both setting precedent and departing from precedent if there are enough similarities between or among the incidents of misconduct. If Thorntons had also terminated Koziol, it is very likely that Perez would not have been able to present her case to the jury. By electing not to terminate Koziol, Thorntons put itself in a position to be susceptible to discrimination claims by members of a protected class, such as gender and national origin.
small business Blayr BARNARD
Blayr Barnard is the Regional Director of the Southeast Indiana Small Business Development Center, which is located in Suite 200 of the Elsby Building in New Albany at 117 E. Spring St.
Statistically,
Entrepreneurship = Failure (but it doesn’t have to) Let’s face it - statistically, you have a better chance of taking your retirement savings and betting it all on Black at Horseshoe. For my generation, that’s like putting $50,000 on a 70% chance of losing it all.
Seriously though, entrepreneurship is a hard gig. As I sat down to write this, I realized how fortunate I am to have worked with some of the most dedicated people in the world - entrepreneurs. They live, eat and breath their ideas and businesses. They wake up at 5 am to do paperwork so they can work all day in the store. They lock themselves in their offices and tear up after they have to fire someone even when they know they saved 5 other jobs by cutting the position. They get so excited when their loan is approved that they do cartwheels across the parking lot - literally. The statistics don’t have to stack up against you. Whether you are in business already and need some help or are looking at taking the plunge, these (entirely unscientific) observations from my work with entrepreneurs the last 12 years illustrate some of the pitfalls and how some Southern Indiana businesses dealt with them: 1) Competition - I hear all too often the phrase, “I don’t have
any competition because we are just that good/different.” Businesses thrive off of competition - it makes you leaner, stronger and more agile or... it kills the business. Look at Ian Hall’s The Exchange pub + kitchen in New Albany. He moved from a fairly light competition market on Grant Line Road to downtown New Albany packed with other eating establishments - and he’s thriving. He’s had to find how to differentiate himself among those competitors and get his message heard. He also gained enormous visibility with the move and is working with the other downtown restaurants to pull more people into the area. 2) Financing - Another favorite of mine for first time meeting openers: “I need $16 bazillion to expand this business.” Being realistic about your financing needs does two things - it keeps you from overstepping your ability to pay it back and gets you closer to securing the money in the first place. Look at Dr. Bill Ehringer from Energy Delivery Solutions
in Jeffersonville. Instead of moving his biotech firm into an enormous, expensive lab with huge rent payments, he bootstrapped the business and has grown into a space incrementally. He took the time to lay out the office space so that he could compartmentalize the future growth of the business. Now, construction is happening 20 feet down the hall, but you’d never know it from the busy work happening in his existing space and the structured lease payments. 3) Experience - While in Montana, I had a client who wanted to open a florist shop, but had never worked with flowers, retail stores or even designed an arrangement... she just loved flowers. Experience is key, and running a successful business is hard enough when you know the industry. If you are trying to learn marketing, sales, finance and human resources as you are also learning to actually create your product, the end is probably near. Dawn continued on page 17
Southern Indiana Business Source | January 2014
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feature
Leader of the
Sunny Side
Epperson settling in as leader of tourism bureau STORY & PHOTO BY DANIEL SUDDEATH
J
im Epperson compared directing a tourism bureau to managing a shopping mall. His job is to entice people to enter the proverbial door of a community and frequent the businesses that are located within it. Epperson was hired in August as Executive Director of the Clark-Floyd Counties Convention and Tourism Bureau, and he knows travel and leisure work hand-in-hand with business and commerce. “The more traditional economic development success we have the more business travel we’re going to get,” Epperson said. As the tourism bureau is funded through hotel lodging tax, it naturally behooves Epperson to find ways to encourage travelers to stay overnight in Southern Indiana. However he also realizes that the responsibility of the tourism bureau goes well beyond 16
generating revenue for the organization. The native son of New Albany chosen to lead the “Sunny Side” of Louisville believes Floyd and Clark Counties are in an advantageous position for fiscal growth, and he feels tourism is revered in the area by elected officials, business leaders and residents as a part of the greater equation. “It doesn’t seem like I have to convince people that tourism is important,” Epperson said. He took over for Jim Keith, who had served as executive director of the bureau for 32 years. Epperson was the Executive Director of the Harrison County Convention Center and Tourism Bureau prior to taking the post in Jeffersonville. Epperson credited Keith and the bureau of taking the lead in initiatives such as helping
Southern Indiana Business Source | January 2014
with the financing of projects such as the New Albany Riverfront Amphitheater, as he said 25 percent of the organization’s proceeds go toward developing new tourism product. “This organization is really one of the pioneers of our industry for taking funding responsibility for that,” Epperson said. But what will the future of tourism be in Southern Indiana? It’s unlikely that Southern Indiana will be able to compare with Louisville’s tourism offerings anytime soon, but does that really matter? Does Southern Indiana need a draw like an aquarium or major museum to garner more travelers? “You can make an argument that Louisville is our anchor,” Epperson said. Louisville has been one of the industry leaders over the past decade when it comes to
SUNNY SIDE continued from page 16 tourism, especially in the dining sector, Epperson said. “On this side of the river, we can definitely ride that culinary wave,” he said. There has been discussion in the past of a small convention center in either Floyd County or Clark County, but there are no plans in the works. While it wouldn’t compete at least in size with Louisville’s convention center, Epperson believes a smaller facility could provide a boost to local business and tourism in Southern Indiana. “I believe there’s potential to be successful with that kind of building,” he said. The tourism bureau focuses much of its advertising in cities that are a short drive to New Albany such as Indianapolis, Cincinnati and Nashville. “There’s a lot of things we do that local folks will never see,” Epperson said.
SMALL BUSINESS: Entrepreneur Failure continued from page 15 What he hopes the public will take note of is a revamped website and online marketing effort being launched by the bureau. As for dealing with public officials, Epperson said his initial goal is to prove that he is responsible and accountable. “So far everyone I’ve met with has been enthusiastic about the potential for tourism in this area,” he said. As the leader of a bi-county tourism bureau, Epperson said he realizes every day how important partnerships are. Regionalism is vital to the success of Southern Indiana, and that sense of community is certainly improving, he continued. “The timing is right, and I think we’re better off in our region and better off working with Louisville than certainly at any time in my life,” he said.
Justice of New Dawn Daycare in Sellersburg had worked in daycares for years in various roles before purchasing an existing business and turning it around. Her, and her husband Roger, tackled the business aspects together since Dawn knew all of the regulatory issues and child development aspects. 4) Support - I had a client a few weeks ago say, “My wife threatened to divorce me if I opened this business, but...” You need a support system in place from day one - period. Read back up about how entrepreneurs are up doing paperwork at 5am. If your family is not supportive and you haven’t built a supportive team of professionals to help you, then you will always be fighting fires from all sides instead of having a soft place to land when the company hits a speed bump. In 1985, Paul Staashelm bought the independently owned, Ace Hardware on Charlestown Road. His answer to support was to bring sons Jim and Gary into the business with him to make it a “helpful place” everyday. You can feel the family atmosphere when you walk into this neighborhood pillar. While family businesses always have their own challenges, this family will never regret the time they spent in a 9-5 job missing special family events and time together. Every single day, the ISBDC receives calls from people wanting to start a business or who have a business that is in trouble - some we can help... some we cannot... but we always try. There have been thousands of studies on why businesses fail and why they succeed - it isn’t for the faint of heart, but it is entirely rewarding. Even though I’ve worked with thousands of businesses over the years, it is always a thrill to see one succeed. Gain some experience, don’t ignore your competition, build your support network and take a long look at the finances to avoid being just another statistic.
Southern Indiana Business Source | January 2014
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Southern Indiana Business Source | January 2014
legal affairs Robert H. Eichenberger reichenberger@middletonlaw.com. Robert H. Eichenberger is a Registered Patent Attorney and a Director at Middleton Reutlinger. He is a member of the Firm’s Intellectual Property Practice Group and focuses on patent prosecution, licensing, and portfolio management. He can be reached at (502) 625-2720 or by email
Inventive ideas, like entrepreneurs, come in many forms and fields of endeavor. Regardless of how simple or complex the endeavor, several intellectual property (“IP”) and related legal issues are commonly faced by most entrepreneurs. Below are some IP issues that routinely arise for entrepreneurs, along with some suggestions for protecting your company’s innovations and brands.
Formation Documents
It is important to form an entity (whether a corporation or LLC) early and to focus on the formation documents of your new business endeavor from its inception. Besides the business plan, two legal documents are key: (1) accurate articles of incorporation or articles of organization and (2) a solid operating agreement or by-laws. Forming the entity as early as possible forces you to assess who has been involved in the endeavor. This can indicate who may have contributed to IP conception (and therefore ownership). Forming the entity prior to any significant funding event that establishes a value for the shares can also minimize the likelihood of later tax problems for founders who might have issued themselves stock with a lower basis, while issuing higher basis stock to investors. In addition to addressing the normal business issues (e.g., change-of-control provisions), the operating agreement should require the founders to assign all IP to the entity.
Confidentiality Agreements
Although morbid, the old adage that three people can keep a secret only when two of them are dead is apt. When an entity’s assets include early-stage patentable subject matter or trade secrets, the need for good confidentiality agreements (sometimes referred to as “nondisclosure” agreements) cannot be overstated. Most entrepreneurs need to discuss their ideas and inventions with others (potential development partners, investors, vendors, etc.) at various stages. Ideally, two rules should govern: (1) never disclose to anyone (a “receiving party”) without having them first sign a confidentiality agreement and (2) make sure the agreement adequately covers both nondisclosure and nonuse of the information for an
Intellectual Property Issues Facing Entrepreneurs adequate, yet reasonable, amount of time. In situations where a potential receiving party refuses to sign a confidentiality agreement, it is advisable to walk away or, at a minimum, take a hard look at what information you really need to disclose in order to meet your business objectives. In every case, you should evaluate the risks of disclosure versus the rewards. Copyrights
Copyrights protect original works of authorship fixed in a tangible medium of expression, including, for example, books, music, photographs, works of art, and software. Absent a written agreement otherwise, copyrights are owned by the author. Usually this is not a problem (e.g., the composer of a score of music is the owner of the copyrights therein). However, for entrepreneurs, this concept can pose difficulties. For example, the creator of a website is the copyright owner of the site. Therefore, if you hire someone to create your website, absent a work for hire agreement, you will not own the copyrights in your own website. Entrepreneurs need to ensure web developers include the necessary work for hire language in the contract. The same holds true for software development agreements (smart phone applications being the current trend). Generally, any person who contributes creative work for hire to your endeavor (advertisements, specifications, brochures, etc.) should assign in writing to the entity all rights in those works. Also, always mark all materials with a proper copyright notice: the word “Copyright” or the symbol “©” with the year of first publication, the owner’s name, followed by “All Rights Reserved”. continued on page 27
Southern Indiana Business Source | January 2014
19
cover story
20
Southern Indiana Business Source | January 2014
Seeing is believing Security Pros leading area surveillance, security market STORY BY DANIEL SUDDEATH PHOTOS BY CHRISTOPHER FRYER
Y
ou likely don’t realize it, but your actions are caught on security cameras at street intersections and from public buildings dozens of times a day. Welcome to the new age of security, as public safety officials can track down criminals by viewing surveillance from a computer screen. The technology in the industry changes quickly, and Jeffersonville-based Security Pros, LLC is capitalizing on those advancements and creating a niche in the surveillance world. The City of Jeffersonville has already taken advantage of Security Pros’ expertise, as the company provides surveillance services for Jeffersonville parks and police. Security Pros owner and founder Chris Gilbert said his team strives to be a force multiplier, or another wing of the police departments his company works with. And Gilbert certainly knows a thing or two about surveillance. He left a job working for one of the largest security firms in Washington, D.C. to eventually return home to Jeffersonville to launch Security Pros. continued on page 22
Southern Indiana Business Source | January 2014
21
cover story
The company opened in 2009 in a small suite off Court Avenue. In just more than 4 years, Gilbert has wielded Security Pros into a regional powerhouse with accounts in 13 different states and contracts with national companies. Due to contractual and safety reasons, Gilbert can’t divulge all of his clients, but his company has worked with security departments, park systems and commercial customers across the state as well as in West Virginia, Mississippi and California. And Security Pros isn’t a stagnant firm. Gilbert prides his business on its diversity and ability to adapt to the challenges and needs of the client. “Every single job is different, so every application is different,” Gilbert said. But he’s quick to acknowledge that “we’re not for everybody.” Security Pros doesn’t mass market or really advertise at all. They are a referral-based business, and Gilbert said he won’t take a job if he doesn’t believe his company can fulfill the needs of the client. Security Pros has invested in technology to provide crisp and clear video images for customers. Gone are the days, at least for Security Pros’ clients, of grainy clips and distorted images. With the click of a few buttons, Gilbert can call up images captured by a camera on Riverside Drive. The pictures are so clear you 22
can view a driver’s face through a car window. And what’s even better about Security Pros’ technology is the cops don’t necessarily have to be called if foul play is suspected. Security Pros has the capability of activating a speaker on some of their cameras to give voice commands from a remote location. So, for example, if they see a rambunctious teenager skateboarding on a park been they could activate the speaker and tell the youngster to scram. “We put the money into the technology instead of the cabling,” Gilbert said. And clients are putting their money into Security Pros. Gilbert is looking to expand the company with satellite offices in Nashville and Indianapolis, and Security Pros has already taken on a second suite at its Court Avenue location. Security Pros focuses on commercial, government and industrial clients, and they do more than just help with safety. Some customers are businesses that need employee monitoring to ensure productivity is high, or who just want their property surveyed. The surveillance business has changed and so have the means to correcting problems and addressing issues. “A lot of our solutions have gone from a passive nature to an active nature,” Gilbert said.
Southern Indiana Business Source | January 2014
But all the success Security Pros has enjoyed since 2009 didn’t come without a toll. Gilbert turned out offers from other national companies to manage their security to follow his dream. He recalled times when he couldn’t afford to take a client or a vendor out for lunch and had to settle for coffee instead. “You’ve got to keep going, regardless of the circumstances,” Gilbert said. There’s a responsibility that comes with being an entrepreneur, both to customers and employees, but Gilbert came back to Jeffersonville because he values his family first. He and wife Misty have three children, Eden, Else and Vivian, and his spare time is dedicated to them. “If I’m not here then I’m with them doing something in the evening,” Gilbert said. He credited local civic organizations and Jeffersonville for helping to foster his business. As a young entrepreneur, you don’t always no where to turn for help, Gilbert continued. When you’ve worked all day and you’re tired, it’s hard to find the energy or desire to attend a business networking event, but such programs are crucial for entrepreneurs, he said. “The programs are there, the cities are trying, again it falls back on the entrepreneur to take advantage of those programs to help them grow,” Gilbert said.
marketing
Google Analytics
SEO WEBSITE
MOBILE APPS
SOCIAL MEDIA
Many options Vern ESWINE Vern Eswine has been involved in leadership, marketing and business consulting for more than 30 years and is president of The Marketing Company, a branding firm located on Spring Street in New Albany.
24
B
for today’s entrepreneurs
ack in 1982, opening a business in a recession, most people thought I was nuts. The fact is, however, what else was I going to do? I had worked for several companies before bringing each to high growth rates and profitability only to find I still had no long term value. So, why not do it for myself? If I could take struggling companies and put them in a growth mode and make them profitable, why couldn’t I do that for me? That was over thirty-one years ago, and there are still days it is hard to believe we are not just still here but continuing to grow. Looking at the current economic climate, many entrepreneurs are finding themselves in the same or similar place I was then. They have worked in a company, helping it to grow, then been laid-off or let go for reasons that may not be within their control or they
Southern Indiana Business Source | January 2014
graduate and can’t find a job and find themselves asking, “Why not?” Why not start a company of my own? Today’s economy is spawning a great deal of new entrepreneurs in the market and allowing them to grow at a faster pace because of the marketing elements that are available in today’s technological world. Now, if an entrepreneur has an idea in consulting or problem solving, they can, with some effort, develop a blog and start generating interest into what they have to say. They may have a physical product that is homemade or produced in small quantities and they begin test marketing their offerings by going to networking events such as farmers markets or special events where their goods could be sold. Out of this they gain a following as well as, more knowledge of who will buy their product, what changes or adjustments need
to be made and so on. So in many cases, you don’t need have to open a store front. Your website is your office, your store front and your place of business. If this is the case then consider the following: Don’t go cheap. Many websites today are being produced in Wordpress or other templates and while they are easy and provide content management you will have issues down the road as you grow and want to further optimize your site. Consider how you can sell your goods or services. Make sure you have a merchant’s account that is safe and secure and that can offer you growth. Make sure it is easy for the customer to use in making their purchases. If you are a service business, make sure you set up an electronic invoice system that is safe and secure for both you and the customer. Put your first efforts into optimizing your site rather than Ad Words. Optimizing your organic search is the first step to learn what is working and what doesn’t. This also will help you develop a better Ad Words or Google Express campaign down the road. Of course, if timing is an issue and you need to get your name out quickly then Ad Words will do it, but only if you have the right words and phrases to drive people to your site. Remember when optimizing your site this is not a one-time thing. Consider this being updated
1 2 3
at least once per quarter to help maintain your position on the web. Set up Google Analytics early on and track your progress. This tool offers a lot of information if you will take the time to use it and make adjustments along the way. If you see your site is having a high Bounce Rate, be willing to adjust the Home Page or the Landing Page that you are directing your organic or Ad Words traffic. Make sure the landing page matches up to what words or phrases got them there and you should see a lower bounce rate. Finally, depending on the type of service or product you are offering, consider the importance of a Mobile App. Today’s phones are quickly becoming our carry-around computer and how we access and order everything. Another marketing tool that can be successful in the new entrepreneur’s tool box is social media. The problem with social media for most people is the same as when there is no plan or thought process developed, it becomes inconsistent. Social Media, much like all marketing efforts, works better when the effort is intentional and consistent and not sporadic, when I think of it or have time marketing. Remember to try to interest people with information, a passion or cause and not go after the straight sales. Look beyond Followers
4 5 6
and Likes to what action and dialog is taking place. Look at your analytics. Yes, social media offers analytics but most people are not aware it is there. Once you find it, use it. See what is working and if nothing it working be willing to try something new. Two more quick suggestions and yes, that may be a little more old school but still work. Take time to understand your sales cycles. You can get this by simply tracking your monthly gross revenue. After a few years in business, you will see the months that your customers say they want and need what you offer and the months that are slow, allowing you to plan accordingly. Last thing, set a path to regularly reach out to you current customers. Every other month, once a quarter; with an eblast, newsletter or special offer. Try to make an effort to stay in front and on the minds of the customers that have already purchased from you. It doesn’t do any business any good, long term, to spend all the time and effort in getting new customers just to see them leave through neglect. If you are considering starting a new business or have already started down that road, I hope this information as well as all of the articles this past year has been helpful in growing your business. All of us at The Marketing Company wish you and your family a very Merry Christmas and a Happy and Prosperous New Year!
Southern Indiana Business Source | January 2014
25
law talk Wyatt, Tarrant & Combs, LLP
wyattfirm.com
GARY BANET focuses his practice in estate planning, estate and trust administration, estate and trust litigation and guardianships. Jeff Wallace concentrates his practice in the areas of international, corporate, finance, venture capital, entertainment and real estate law and development.
So, is your
“Plan”
live FOREVER? to
Top 5
Reasons for an entrepreneur to have a buy-sell agreement
26
Family businesses comprise over 80 percent of all business enterprises in the United States. Many of these businesses were formed by an entrepreneur who raised initial operating capital for the venture from “friends and family”. Each of these so-called “familyowned businesses” face unique challenges that may threaten its continued success and sustainability, not to mention potential attacks upon ongoing family harmony. One of the most effective ways to insure the continued success of a family-owned business and minimize arguments at family picnics is for the owners to have a well drafted Buy-Sell Agreement. A Buy-Sell Agreement is simply an agreement between a company or individuals to buy and the owners to sell their ownership (typically stock) in the company when certain things happen (a so-called “triggering event”). Typical triggering events include the retirement, death or disability of an owner, divorce (or separation), termination of employment, creditor issues, non-permitted transfers (whether voluntary or involuntary), or an irreconcilable disagreement among owners about the business and operations of the company. For entrepreneurs and other owners of a family business, a well-designed and thoroughly thought-out
Southern Indiana Business Source | January 2014
Buy-Sell Agreement can protect the parties and help ensure that the owners understand their rights and obligations to the business and to each other. The two basic types of Buy-Sell Agreements are cross-purchase agreements and corporate redemption agreements. In a cross-purchase agreement, the remaining shareholders have an obligation to purchase the selling shareholder’s shares using their personal savings (or life insurance). In contrast, a corporate redemption agreement requires the company to purchase the selling shareholder’s shares from monies of the company. Cross-purchase agreements tend to be used in smaller companies where there are not too many shareholders; redemption agreements often work best where there are several shareholders. Each agreement has distinct advantages and disadvantages that need to be carefully considered before deciding which form is most appropriate. Regardless of form, a Buy-Sell Agreement should include provisions that address multiple issues, including rules for managing and controlling the business, how distributions will be made to the owners, restrictions on transfer of shares due to retirement, death, disability or incapacity, divorce (or separation), bank-
LAW TALK: Buy-sell agreements continued from page 26
LEGAL AFFAIRS: Intellectual property continued from page 19
ruptcy and similar “life events”, and how the dissolution of the business will be handled if the owners can no longer work together. Five important reasons a business should have a Buy-Sell Agreement: Facilitates Succession Planning upon the occurrence of a “Triggering Event”. Because of the obligation imposed upon an owner to sell his or her stock upon the occurrence of a triggering event, a Buy-Sell Agreement enables the remaining owners to effectively prevent unwanted individuals from becoming co-owners in the company. The provisions related to such triggering events may differ significantly in agreements where the business owners are family members and as opposed to where the business owners are unrelated. Ensures continued Harmony by Providing for Effective Dispute Resolution. Disputes are inevitable in every business. A Buy-Sell Agreement can help establish a dispute resolution process such as mediation, arbitration, selection of one or more independent “family advisors” or possible injunctive relief. Without such an agreement, ownership disputes could lead to lengthy litigation, drained financial and emotional resources, and result in the breakup of the business. Provides Ownership Liquidity at an Agreed Valuation. Properly drafted Buy-Sell Agreements address the purchase price of and payment for the shares upon the happening of a triggering event. By establishing a price or setting forth the required method of valuing the shares to be transferred, family members can avoid costly and often uncertain negotiations between the selling and purchasing parties. In addition, a Buy-Sell Agreement can establish the terms of payment, provide a method of funding for the payment of the purchase price and provide liquidity to the family of a deceased, disabled or terminated shareholder. Retains Ownership Value by Retaining Tax Advantages. One of the most important tax aspects of a family-owned business may be its status as a “pass-through” entity as a result of electing to be treated as an Subchapter S-Corporation for tax purposes. To preserve this favorable tax treatment, the stock in a S-Corp cannot be transferred to any person or entity that would cause termination of the so-called S Election. If the status as an S-Corp is terminated, the company will generally be precluded from electing similar treatment for five years. As a result, any profits distributed to shareholders during the interim period could result in a double tax and the pass-through of losses for shareholder-level reporting would not be allowed. A Buy-Sell Agreement typically restricts the ability of a shareholder to transfer shares outside of the current ownership group in a manner that would jeopardize the election to be treated as an S-Corp. Fixes Value for Estate Tax Purposes. With the repeal of the Indiana Inheritance Tax effective January 1, 2013, and the new American Tax Payer Relief Act of 2012 which made the $5,000,000 (adjusted for inflation) estate and gift tax exclusion permanent, fewer family-owned business are impacted by estate and inheritance taxes which may significantly affect the transfer of ownership. However, estate taxes should remain a major concern for many successful family-owned businesses. Properly considered language in a Buy-Sell Agreement can set the value of the ownership interest being transferred for federal estate tax purposes. With a fixed estate tax value, the family owners are better able to plan and prepare for potential estate taxes at the death of a shareholder, although there are numerous standards that a Buy-Sell Agreement must satisfy in order to establish the estate tax value. Probably one of the best arguments to be made for a business having a well-drafted Buy-Sell Agreement is to consider the economic and emotional consequences of not having one. With so much invested in making the business a success, it is imprudent to risk failure by ignoring the very basic assurances provided by through entering into such a document.
Trademarks
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A trademark (service mark) is a word, phrase, symbol, or design that identifies and distinguishes the source of goods (services) of one party from those of another. Generally, trademarks or service marks protect brand names and logos used on goods and services. Selecting a mark can be a difficult task, but doing it correctly can save an immense amount of expense and troubles down the road. The more unique and fanciful the mark, the less risk there is of inadvertently infringing another’s rights, and the more likely that federal trademark registration can be obtained. Spending money up front to clear a mark before investing in printing branding materials is wise. In the U.S., trademark rights automatically arise upon “first use” of the trademark, not just registration of the trademark with the U.S. Trademark Office. So, once chosen, use the mark properly in both form and substance. And, begin policing your marks against third parties that may begin using a similar mark on similar products.
Patents
A patent is a right granted by the government to an inventor for an invention. A patent holder has the right to prohibit others from making, using, selling, offering to sell, or importing their claimed invention. For an invention to be patentable under U.S. patent law, it must be both novel and non-obvious. Novelty is generally understood to mean no single prior art reference (e.g., a patent or technical paper) teaches or discloses each element of the invention for which patent protection is sought. Non-obviousness is generally understood to mean that two or more prior art references cannot be combined to produce the invention. For entrepreneurs, financial resources are usually limited in the early years of the entity. Thus, while it is desirable to create a patent portfolio providing comprehensive protection for your entire product area, this “patent everything” approach is rarely possible. A cost/benefit analysis is generally recommended to cost-effectively create strategic roadblocks for competitors. It is wise to evaluate the competitive landscape in light of your inventions in order to judiciously protect the more important aspects of your venture. Then, once your venture is safely in the black, you can re-evaluate your patent strategy and pursue additional roadblocks for your competition. Understanding these issues, and dealing with them early, can minimize a lot of problems. Early planning can also deter your competition, save you money in the future, and allow you to continue to build on the goodwill developed in your products and services.
Southern Indiana Business Source | January 2014
27
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F R I D AY, J UNE 7, 20 13
Commissioners eas e Bethany Road
“It’s not even on the
75 cents
fears
radar” the commissioners were happy BY MATT KOESTERS to dollars available oblige. matt.koesters@newsandtribune.c for the project “[The Bethany om Road project] until at least 2017, and Commis- ing room into a standing-roomJEFFERSONVILLE isn’t even on sioners President measure, this expansion Jack Coffman only venue. al citizens appeared — Sever- sioner Rick the radar,” Commis- said that will likeThree signed up ly cause Stephenson said. there are other projects before the for public sues,” a great deal of traffic isClark County Commissio About that take higher priority. comment to oppose Hoskins said, reading ners at liminary $400,000 worth of pretheir regular meeting the issue, from “If we don’t push while work it, it’s not go- Hoskins,another — Michelle a prepared statement. “If expandmake it clear that Thursday to would widen for a project that ing to happen,” ed with turning who lives near the Bethany Road, lanes ... this will want widening and they didn’t reroute part road John Perkins said. Commissioner in Charlestow straightenin n — appeared be- encourage cut-through traffic g the slope of it and flatten out work done on Bethany for The citizens — to increase Road, and all residents of fore the commissioners to address those from [Ind.] 62 to [County However, there will sight lines. areas near Bethany the subject on be no federal turned the meeting’s Road] 403 to get to and from Road — agenda. Sellersburg. The the commissioners’ widening is meet“Rather than being a preventive SEE ROAD, PAGE A6
TIME TO SPARE
COMMUNITY FOCUSED. COMMUNITY MINDED.
Big delay for Big Four
Opening date for Indiana bridge ramp pushed back to November
221 Spring Street, Jeffersonville 303 Scribner Drive, New Albany 812.283.6636 | newsandtribune.com
BY BRADEN LAMMERS
braden.lammers@newsandtribun e.com
JEFFERSONVILLE — Indiana’s Four Bridge likely won’t be completeramp to the Big November. and open until Jeffersonville City Engineer Andy tractor Gohmann Asphalt is still on Crouch said conits work by Aug. target to complete 31, However, lighting the date called for in the contract. installation on the until the construction ramp won’t start is finished, and pedestrians won’t bicyclists and lighting has been be able to access the bridge until the completed. “I can’t let people “I’ve got to get the on it at that point,” Crouch said. to November. Then lighting on it as well. That takes us we’ll let people on it. “If the lighting contractor can get started a ly, and they can get little earon it earlier, but it done early, then we can get people won’t be August.” The opening date ously been bumped for the Big Four Bridge had previchange in the lightingback to Aug. 31 as a result of the Indiana had delayed on the ramp. It is the third time the opening of would connect Jeffersonvil the ramp that le to Louisville’s front Park. Louisville’s Water— opened in February. ramp — and the bridge itself SEE BRIDGE, PAGE
A6
Above, Sarah Griffin high fives fellow competitor Joan Dohoney during Senior Games bowling at Hoosier on Wednesday morning. Strike and Spare Right, Charles Marking approaches the lane of Lanesville while participating the Senior Games in bowling competition Wednesday morning at the Hoosier Strike and Spare in New Albany. STAFF PHOTOS
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BY C.E. BRANHAM
New park planned
The Hi-Tops, from left, Remington Maxwell, Bayley Whitlow, Allyson Whitlow, Jessica Madill and Cunningham will play a farewell show Madison p.m. on the Jeffersonville Sunday, June 9 at 6 RiverStage. STAFF PHOTO BY
for Jeffersonville Hi-Tops to
C.E. BRANHAM
*Price based on annual subscription paid in bid advance. farewell Park and community garden to be installed at Allison Lane and Middle Road BY BRADEN LAMMERS
braden.lammers@newsandtribun e.com
JEFFERSONVILLE site of a gas station — The former at the corner of Middle Road and turned into a park Allison Lane will be and community garden in about six weeks. Jeffersonville Mayor Mike Moore announced the plan Brook Park on more to create Allison than 7 acres of a This rendering shows a layout for the Allison SEE PARK, PAGE A6 park is expected Brook Park in Jeffersonville to be completed
Final show Sunday at Jeff’s Riverstage
gathering girls, recruiting Madison Cunningha Jessica Madill and m, ley Whitlow. The BayHiTops were born. After nearly 10 years performing together, all-girl band is comingthe to
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BY DARIAN ESWINE
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It all started with movie “Freaky Friday.”the Third-graders Remington Maxwell and Allyson Whitlow decided wanted to have they just like the one a band movie, so they in the began
SEE BAND PAGE A6
feature
All about New Albany
New Albanian Brewing Co. continues to flourish STORY & PHOTOS BY DANIEL SUDDEATH
N
Roger Baylor is the co-owner of the New Albanian Brewing Co. The business has two locations in New Albany: The Bank Street Brewhouse and the Pizzeria and Public House.
ever one to mince words, or to let an opportunity to jab elected officials pass by, business owner, blogger and former New Albany City Council candidate Roger Baylor likened his baptism into entrepreneurship as to that of the city’s marketing vision. “It was around 1992, and much like the city of New Albany is now, I had no plan,” Baylor said. “I just kind of fell into this. Seriously.” Either by chance or strategy, Baylor and the other owners of the New Albanian Brewing Co. transformed a local pizzeria into two restaurants and a well respected brewery. Baylor joined the ownership team of what was Rich O’s BBQ in 1992, and began focusing on creating a premier beer brewing service. The restaurant was rebranded as Rich O’s Public House, and the 3312 Plaza Dr. location in New Albany continues the tradition today with savory pizza as well as craft beers. Evolution certainly applies to NABC. Between the Pizzeria and Public House and Bank Street Brewhouse, which opened in 2009, the company employs about 75 people. NABC beers are distributed and served in Indiana, Kentucky, Ohio and Florida. While it seems like just yesterday when the business launched for Baylor, he said he was recently informed NABC is now the continued on page 30
NABC continued from page 29 13th oldest microbrewery in Indiana. The surge in microbreweries lately has resulted in extra planning for Baylor and NABC. Will there be a large enough market to support a sizable number of local breweries, or will a bubble form? With its vaunted reputation in tact, Baylor is confident NABC will continue to meet expectations and hold its share in the microbrewery market place. But ask Baylor what makes him proud about the business and he refers to the fact NABC didn’t have to lay anyone off when the economy tanked a few years ago. He conceded that while he may be known for stirring up a debate about twoway streets or bridge tolls, he has a hard time giving up on people. “I’d be a lousy sports general manager because I would stick with the same people forever,” Baylor said. And the entrepreneur has stuck with New Albany, though he certainly has disagreed with elected officials and civic organizations over the years. NABC chose to expand to Bank Street to support the revitalization of downtown
30
New Albany, and Baylor said he just wants leaders to foster growth for what is the oldest part of the city. “We obviously have a development plan for [Grant Line Industrial Park West]. We obviously don’t have a development plan for downtown,” Baylor said. And for local entrepreneurs, civic support and involvement is critical and can be improved upon in New Albany, he continued. The Bank Street Brewhouse will celebrate its fifth anniversary in March, and Baylor said 2014 will be an important year for NABC. While he said he doesn’t know what all the improvements will be, there will be some changes at the Brewhouse next year. At the age of 53, and with the business continuing to grow, Baylor said he now has to plan for 10 years down the road. There’s a great responsibility that come with success, and Baylor said NABC owes it to its customers and employees to continue to strive for excellence. “It’s not just standing behind a bar anymore,” he said.
Southern Indiana Business Source | January 2014
The NABC Bank Street Brewhouse opened in 2009 at 415 Bank St. in downtown New Albany.