Continuously serving Kosciusko County since 1854
Instead of presenting monthly costs to operate the building, monthly costs for administration expenses and an example of a Midwest Living advertisement, the Convention and Visitors Bureau sent their lawyer to the October meeting of the Kosciusko County Convention, Recreation and Visitor Commission, a lawyer who charged the commission with default of contract with the bureau.
"The CVB board sees a contract dispute," said attorney Jay Rigdon Monday. "You're not paying us under the contract terms, there's no question of that."
Commission president Deb Wiggins presented members a three-page letter from Rigdon, the CVB's attorney, to Tom Earhart, the commission's lawyer.
The Rigdon letter reads "that failure to make any payment under the contract is a clear indication that the Commission does not wish to have the Bureau's services in the future."
Commission member John Elliott advised Rigdon the bureau still has funds, tax dollars that haven't been spent.
The commission makes funding recommendations to the Kosciusko County council; the council then "pays the bills."
Rigdon suggested Brian Hoffer of the Northern Indiana Tourism Development Commission be used as mediator between the two groups.
Rigdon's letter reads "presumably the mediation process can deal with those issues more effectively than the manner in which they have been dealt with in a public forum to date."
Commission member Joy McCarthy-Session asked if mediation was being offered instead of a lawsuit.
Rigdon said no litigation is pending. He then suggested the commission call an executive session to discuss mediation.
Executive sessions can only be called, among other specific reasons, to initiate litigation or to discuss litigation that is either pending or has been threatened specifically in writing (IC 5-14-1.5-6.1).
The commissioners said they would not be comfortable using Hoffer as a go-between.
Prior to Rigdon's comments, commissioners approved ending the current contract with the CVB Dec. 31.
The commission also approved funding the bureau $73,828.22, less their current cash balance, to pay for operations through the end of the year. Commission member Faye Medlock voted nay.
"The contract says the commission would administer grants," she said. "All other funds go to the CVB for their use."
"We will extend an invitation to the CVB board and all other nonprofits to submit their 2005 grant requests," said Wiggins.
"We would be remiss in honoring a contract to turn over all monies to CVB Inc. Massive amounts of tax dollars were amassed," said commisison member Jan Carter.
Wiggins said the bureau director (Linda Arnold) was advised to visit local town councils about their tourism needs and that hasn't been done. Documents requested by the commission, such as how the CVB came to own the Visitors Center, haven't been produced.
The commission established a list of potential task force members for a long-range tourism development plan. The Warsaw/Kosciusko County Chamber of Commerce will facilitate the task force for an amount not to exceed $5,000.
In addition to commission members, there will be three lodging representatives; and representatives from Grace College, each town, Warsaw, a restaurant, county council, county commissioners, an association; an industry, a festival, retail, agriculture and the media.
Medlock asked why the bureau isn't doing the work. "The bureau is in place and we're not utilizing it," she said.
John Elliott said, "They've been asked to do it and haven't done it in the past. They've been directed by the county council to do things differently and they haven't."
Medlock asked that a CVB board representative and the director be added to the task force list. A CVB board representative was approved at a vote of 4 to 1, with Medlock voting nay. McCarthy-Sessing abstained from the vote.
The board also:
• Approved a grant of $2,500 for the Healthcare Foundation of Kosciusko County's 2004 Festival of Trees.
New director Tracie Smith said visitors to the event number in the several hundreds. She asked for funds for advertising in local and area newspapers and on radio stations.
Smith was asked by Elliott if she had considered packaging this event with others in the community, with restaurants, and with Wagon Wheel Theatre shows, for example. Smith said no, but it was food for thought for next year.
Smith said a system to count visitors would be in place for the Nov. 17 through 21 Festival of Trees.
• Reviewed a single event fund application that includes a budget form and follow-up report form.
• Read a letter of resignation by member Nancy Gast. Gast is a county council appointee.
• Appointed Elliott commission secretary to replace the office left by Gast.
• Heard follow-up grant reports have not been received from the Kosciusko County Right to Life's Pro-Life Music Festival and the Boys and Girls Club's Cruisin' Hoosier Car Show.
KCCRVC members are Jan Carter, John Elliott, Faye Medlock, Joy McCarthy-Session, Jon Sroufe and Deb Wiggins.
