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12-05-15 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES DECEMBER 5,2016 1.4:00 P.M.CALL TO ORDER AND ROLL CALL Mayor Pro Tern Sirkus called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 5,2016 at 4:05 p.m. A complete live recording of this meeting can be found at www.tosv.com under Town Council Meetings.This will be archived indefinitely allowing you to view at any time. COUNCIL MEMBERS PRESENT: Bob Sirkus,Alyssa Shenk, Bill Madsen,and Tom Goode. COUNCIL MEMBERS ABSENT: Markey Butler. STAFF PRESENT: Clint Kinney,Town Manager;John Dresser,Town Attorney;Travis Elliott,Assistant to the Town Manager;and Rhonda B.Coxon,Town Clerk PUBLIC PRESENT: Stephen Connor and other members of the public interested in today's Agenda items. 2. PROCLAMATIONS AND PRESENTATIONS A. Town Council Statement to the Community --Bob Sirkus, Mayor Pro Tern At this time, Mayor, Pro Tern read a statement to the Community in regards to the President Elect Trump's immigration policy.Copy of this statement is available on the Town's web site. 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally,the Town Council will not discuss the issue and will not take an official action under this section of the agenda. 12-05-16 TC Minutes Page 2 of 4 Pat Keefer, 90 Carriage Way Base Village, Snowmass Village, Colorado provide a statement in regards to Metro 1 and Metro 2 taxes. The full comment is available on the Town's web site. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. A. DRAFT AGENDAS AND WORK SESSION TOPICS B. RESOLUTION NO. 38, SERIES OF 2016 — A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE CERTIFYING DELINQUENT SOLID WASTE FEES TO THE PITKIN COUNTY TREASURER FOR PLACEMENT UPON THE TAX LIST FOR THE CURRENT YEAR, TO BE COLLECTED IN THE MANNER OTHER TAXES ARE COLLECTED PURSUANT TO SNOWMASS VILLAGE MUNICIPAL CODE SECTION 7-41(b) AND IN COMPLIANCE WITH THE LAWS OF THE STATE OF COLORADO FOR THE ASSESSMENT AND COLLECTION OF GENERAL TAXES --John Dresser, Town Attorney Alyssa Shenk made the motion to approve those items listed on today's agenda. Tom Goode seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Butler was absent. Voting Aye: Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. John Dresser Town Attorney suggested that the Town Council should amend the exhibit A removing number 12 from the list. Alyssa Shenk made the motion to amend Item B Exhibit A Resolution No. 38, Series of 2016 to remove number 12 of the Exhibit. Tom Goode seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Butler was absent. 12-05-16 TC Minutes Page 3 of 4 Voting Aye: Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. 5. PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings, the Council is required to act in a quasi-judicial capacity. When acting as a quasi-judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi-judicial must limit its consideration to matters which are placed into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. 6. POLICY/LEGISLATIVE PUBLIC HEARINGS A. PUBLIC HEARING — RESOLUTION NO. 35, SERIES OF 2016 — A RESOLUTION SETTING FORTH THE TOWN COUNCIL'S FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF LOT 2, SECOND AMENDED PLAT OF THE GENTRY LOT SPLIT SUBDIVISION INTO THE TOWN OF SNOWMASS VILLAGE BY LOIS B. POPE REVOCABLE TRUST DATED MARCH 29, 2007. (Continued from October 17, 2016 Town Council Meeting) --John Dresser, Town Attorney Mayor Pro Tern Sirkus opened the continued Public Hearing from October 17, 2016 at 4:29 p.m. for Resolution No. 25, Series of 2016 - regarding the Pope Annexation. At this time John Dresser, Town Attorney noted that the Town Clerk and himself have reviewed the Petition for Annexation and have determined that the Petition and the map are in substantial compliance with the provisions of the Municipal Annexation Act, as required by Section 31-12-107 of C.R.S. The next step is conduct a Public Hearing to receive comment for any interested person. When the Public Hearing is complete the Council may consider Resolution No. 35, Series 2016 to make findings and fact and determine a conclusion regarding the need for an election on the Petition for Annexation. Adoption of this Resolution, concluding no election is required, permits the Council to proceed to late consider an Ordinance annexing the Property into the Town. This Resolution is not the final action as to the Annexation. The Annexation will become effective after an Ordinance is adopted at second reading. Mayor Pro Tern Sirkus continued the Public Hearing to the Regular Meeting of the Snowmass Village Town Council on Tuesday, January 17, 2017 at 4:00 p.m. Steve Connor representing Lois Pope spoke to this process and agreed upon the continuation. 7. ADMINISTRATIVE REPORTS 12-05-16 TC Minutes Page 4 of 4 Mayor Pro Tern Sirkus asked for an update on the HR Director search and Clint Kinney, Town Manager provide a response. 8. TOWN COUNCIL REPORTS AND ACTIONS A) REPORTS/UPDATES Council Member Madsen asked for an update on the odor mitigation at the Viceroy. Clint Kinney, Town Manager explained the issue and the fix and stated it that has been inspected by the Town building department. Kinney explained that the owner of the property was required to hire a third-party water consultant to do a full evaluation and provide a solution. Council Member Goode asked for an update on the hiring of the new Building Official at the next Regular meeting of the Snowmass Village Town Council Meeting. 9. ADJOURNMENT At 5:54 p.m. Tom Goode made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, December 05, 2016. Alyssa Shenk seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Butler was absent. Voting Aye: Bob Sirkus, Alyssa Shenk, Bill Madsen, and Tom Goode. Voting Nay: None. This set of meeting minutes was approved by the Snowmass Village Town Council at their Regular Meeting on July 3, 2017. Sub i ted By, 7i)d( th4) Rhonda B. Coxon, CMC Town Clerk