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05-23-02 Town Council MinutesSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MAY 23, 2002 CONTINUED FROM MAY 20, 2002 Mayor T. Michael Manchester called to order the continuation of the May 20, 2002 Regular Meeting of the Snowmass Village Town Council on Thursday, May 23, 2002 at 3:05 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: PUBLIC PRESENT: Brett Huske, Mary Harris and Madeleine Osberger Item No. 2: MARKETING TAX DISCUSSION Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue, Robert Purvis and Arnold Mordkin. All Council Members were present. Hunt Walker, Acting Town Manager and Public Works Director; Carey Shanks, Assistant to the Town Manager; Marianne Rakowski, Finance Director; Trudi Worline, Town Clerk Manchester explained that this Meeting was continued for a Council discussion and an effort to resolve issues related to conditions of sale of the Snowmass Conference Center to Snowmass Village Resort Association (SVRA). Hiram Champlin, Chairman of the Board of Directors for the SVRA was available by telephone and took part in the discussions. Council reviewed a letter dated May 17, 2002 from Champlin to Council outlining the conditions of sale in an effort to come to an agreement regarding a transfer of ownership of the Snowmass Conference Center. Mordkin stated that Council is requiring the SVRA to agree to forego any right to reinstate the Civic Assessment for five years, and thereafter could only reinstate the Civic Assessment on retail food and beverage and retail rental with a majority vote of the total SVRA membership. He explained that a breach of the Contract by SVRA would require that SVRA pay the damages pursuant to the Contract language, which would allow SVRA to raise funds for marketing if the Town Marketing Tax were to be repealed. After further discussion, all agreed to amend sub Paragraph 1. to state "After that period, it would require a majority vote of the total SVRA members to instate a new Civic Assessment for food, beverage and retail. Should the Marketing Tax fail to pass voter approval in November, 2002, or should it thereafter be repealed, the SVRA may reinstate the civic assessment without breaching the Contract. Champlin requested that language be added to the last paragraph to state that nothing in this Agreement is meant to cause the title to hinder the sale of the Conference Center and that the current Civic Assessment would continue to be collected until the date the Marketing Tax goes into affect. The last sentence in the last paragraph will be struck. The Finance Director stated that she is working with the Town Attorney to clear the title of an encumbrance of the original $6M bond. Manchester stated that Council has agreed to postpone the SVRA lease beyond July 1, 2002, although no later than the end of September, if the sale is delayed and it becomes necessary to do so. Manchester will make the agreed -upon changes to the letter and e -mail the document to Champlain for his review and approval. Members of the SVRA Executive Committee will meet to review and approve the language. Upon approval by Champlain and the other Executive Board members, the Town Attorney will then draft the contract language. NOTE: The following item was not listed on the Agenda for this Meeting. Item No. 2a: RESOLUTION NO. 31, SERIES OF 2002 CONSIDERATION OF A RESOLUTION APPOINTING T. MICHAEL SEGREST AS TOWN MANAGER, TOWN TREASURER AND APPROVING THE EMPLOYMENT AGREEMENT Mercatoris made a motion to approve Resolution No. 31, Series of 2002, seconded by Virtue. Manchester stated that copies of the Employment Agreement would be provided to the Town Clerk for the record. He stated that the Employment Agreement is from June 17, 2002 to July 1, 2005. Compensation is based on $105,000 per year plus benefits including normal benefits of the Town's Crossings home, vacation, retirement, car allowance and moving expenses. Segrest will provide homeowners insurance. Manchester outlined the terms for termination consistent with the Home Rule Charter. Council requested that Charter amendments have been identified for placement on the November election ballot. There being no further discussion, Resolution No. 31, Series of 2002 was approved by a vote of 5 in favor to 0 opposed. Manchester will FAX a copy of the signed Agreement to Segrest and requested that copies be provided to the Finance Director and the Town Clerk for the record. He stated that the Town would provide temporary housing for Segrest within the Village until the Crossings home is vacated and necessary repairs and maintenance have been completed. Item No. 3: ADJOURNMENT There being no further business, Mercatoris made a motion to adjourn the Meeting, seconded by Mordkin. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 9:50 a.m. APPROVAL OF MINUTES FOR THIS MEETING Minutes were approved as amended, at the June 10, 2002 Regular Town Council Meeting with a motion made by Council Member Mercatoris, seconded by Council Member Virtue, and upon a vote of 4 in favor to 0 opposed. Council Member Purvis was absent. Submitted By, Trudi Worline, Town Clerk