By: Diane Benjamin
I’ve been writing about the Coliseum since early 2014. My lawsuit against the City of Bloomington was the last resort to getting somebody’s attention! I would not have this information without the lawsuit.
Earlier this week I received part of the information I sued for: three years of concession sales information. I received it from City Attorney Jeff Jurgens along with a note saying CIAM agreed to the release. This is the information the City plans to put on-line. Without an explanation, citizens won’t have a clue what they are looking at. Here is what I received:
Jurgens told me these were printed at the Coliseum by the current management. The Micros (Point of Sale) system is owned by the City. Jeff Jurgens assures me this information is accurate, John Butler also reviewed it and approved. Contained in each report is a list of total sales per stand. The lists are labeled net, so I assume that means sales tax isn’t included. “Stand” means the location in the Coliseum where the concession sale took place.
With this information its easy to apply the percentages listed in the CIAM Management Agreement. Simple multiplication tells what CIAM should have paid in commissions to the Coliseum Fund (the City). Once I determined how much should have been paid, I could compare it to what WAS paid.
These are the CIAM filed reports from the City website: http://www.cityblm.org/index.aspx?page=21&parent=6548 2015 has a final 4th Quarter report, but I have never been able to open it.
FY2013 Year End Coliseum Report-1 See Page 11
FY2014 4Qr Coliseum Report-1 See Page 4
Coliseum 4th Quarter FY2015 See Page 8
The Coliseum contract calls for a 15% Commission from Suite sales and 32% everywhere else up to $1 million in sales, 34% up to $1.2 Million etc. TWO of the three years went over $1.2 million, so the commission should have been 38%. From the Management Contract:
Ready? Still sitting down?
Click the pic below to enlarge. I took each stand and listed the reported sales. Then I applied the applicable percentage to arrive at what the contract says should have been paid.
Now, add all the amounts in yellow – that column is the difference between what I calculated as owed and what BMI Concessions reportedly paid:
208,205.52 + 59,998.79 + 179,113.46 = $447,317.77
THAT’S JUST THREE YEARS!
The years are out-of-order because I received 2014 and 2015 before 2013.
John Butler and his attorneys are free to protest percentages. I have no problem revising the spreadsheet if they can show me in the contract where I am wrong. Even with potential revisions, it’s will still be a lot of money.
Catering is not part of this calculation unless it is was buried somewhere in the pages I received. Again, the amount above is subject to change if more information is forthcoming.
One more note:
City Manager David Hales never checked concession reports. During lawsuit settlement talks, with Judge Foley present, both the CIAM lawyers and George Boyle (city lawyer) claimed the City never asked – both parties were happy with what was being paid. I believe I noticed the Judge rolling her eyes.
Jeff Jurgens has assured me that auditors are looking at the same information I have.
John Butler or his lawyers are free to tell me what numbers they don’t agree with and I will post changes, after they show me where the contract states something different. I’m just using the information I received and the Management Contract received by FOIA.
The City is also free to call and correct anything they object to. Of course, they have to prove it too.
There will be one follow-up story next.