Music Center Excess Revenue Distribution

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Jan 6, 2024. Ongoing Discussions – Clarification on Agreements

BCCF Community Foundation Agreement

Recorded By-Laws Maple Leaf Mgt Group

    • Current list of members (Dec 3, 2024). The current board make-up is five principal members and two at-large members.

      • Kevin Ault, Co-president, appointed by the CVC

      • Barry Herring, Co-president, member at-large, appointed by Maple Leaf Board of Directors
      • Jim Schultz, Secretary, appointed by the CVC

      • Bruce Gould, Vice President, appointed by the CVB Board

      • Jerry Pittman (commissioner appointment)

      • Darren Byrd (council appointment)

      • Diana Biddle, member at-large, appointed by Maple Leaf Board of Directors

Brown County Maple Leaf Management Group – Certificate and Articles of Incorporation: CertifiedCopiesAttachments

Brown County Maple Leaf Building Corporation Certificate and Articles of Incorporation – Brown County Maple Leaf Building Corp CertifiedCopiesAttachments

The administrative agreement between the county and the Maple Leaf (Music Center) Management Group identifies that “if permitted by law,” 75% of “excess revenue” from the Music Center will be given to the Brown County Community Foundation and 25% to the county.

    • The administrative agreement is between the Music Center Management Group, the Convention Visitors Commission (CVC), and the Music Center Bldg Corp.  The CVC and Bldg corporation consist of “appointed” officials. Of the 7 members of the Management Group, there are only “2” elected officials – one from the council (Darren Byrd) and one commissioner (Jerry Pittman),
    • The Music Center is a “county” asset. 

Informal discussions between the then president of the Management Group – Barry Herring, Councilman Darrent Byrd and Commissioner Jerry Pittman who also are members of the Management Group, agreed that the distribution would be changed to 50/50.

At the Nov 6, 2024 commissioner meeting, the Commissioners were going to vote to accept the 50/50 split.  John Eliott of the Community Foundation objected to the change and requested for the issue to be re-visited at the Nov 20, 2024 commissioner meeting.

    • Nov 20, 2024. Commissioner Meeting Notes.  Commissioners voted to table a vote on the distribution to 50/50 until next year.   Several citizens spoke in favor of keeping the current distribution ratio.
      • AUDIO of the Meeting 

      • 00:51:01 Brown County Community Foundation – John Elliott – discussion of the distribution of excess revenue from the Music Center. The vote to change the distribution percent from 75% to the foundation and 25% to the county to 50/50 was tabled until next year.

        • BCCF Statement 221120
        • No formal (documented) decision was made by the three boards allegedly required to support a change.
        • Several citizens spoke out in favor of retaining the current arrangement.
          • 01:08:28 Government Perspective – Tim Clark
    • Nov 6, 2024. Commissioner Meeting Notes, Excess Revenue Distribution, Amendment to Sign Ordinance. For the Record
      • Distribution – Excess Revenue from the Music Center.  The commissioners tabled the vote to approve a change from 75% to the Foundation and 25% to the County to a 50/50Split.  John Elliott from the Foundation requested that the commissioners reconsider their vote and will be placed on the Nov 20 meeting agenda to make the case that the county retain the 75/25 split.

Oct 29, 2024.  John Elliott: How should the $18 million managed by Brown County Community Foundation be used?

Apr 20, 2022. First Amendment to Administrative Agreement
BCMC First Amendment to Administration Agreement

    • Last year, an amendment to the music center’s administration agreement was approved to change how the $1 million capital improvement fund could be spent. Originally that fund was to be set aside for major building repairs and had to be at $1 million before profit from the music center could be split between the county and the Brown County Community Foundation.
    • The administration agreement states that once the capital improvement fund was at $1 million, remaining profits would be split 25/75 between the county (25%) and BCCF  with the foundation receiving 75 percent.  No money has been given to the county or the foundation yet under that agreement, which is separate from the payments made to the county in lieu of property taxes.
    • The amendment now allows the music center to also spend the $1 million capital improvement fund on operating losses from show cancellations or the venue having to close its doors again, like what happened when the pandemic first started here.
  • BCMC Administration Agreement 05.16.2018
    • The agreement is between the Management Corporation,  the Convention Visitors Commission (CVC) and the Maple Leaf Building Corporation.  The management Corporation is a 7 member board that includes a county council member (Darren Byrd) and Commissioner (Jerry Pittman).  The majority of members being “non-elected” officials.

bcmc admin agreement parties

bcmc admin 75

  • “... if permitted by law”?   Why would the “unelected” Directors of the Management Corporation have this power as opposed to the Commissioners, e.g., the “elected” officials.
  • Separate Fund Agreement?  

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