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02-03-14 Town Council PacketsSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 3, 2014 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON - AGENDA ITEMS (5- minute time limit) Item No. 4: COUNCIL UPDATES Item No. 5: RESOLUTION NO. 9. SERIES OF 2014 — APPOINTING BOARD MEMBER TO CITIZEN GRANT REVIEW BOARD (Time: 10 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution 9, Series of 2014. -- Rhonda Coxon ................... ...........................Page 3 Item No. 6: RESOLUTION NO. 06, 07, 10.11, 12, 13, 14. SERIES OF 2014 RESOLUTIONS OF APPRECIATION FOR MEMBERS WHO HAVE SERVED ON VARIOUS TOWN BOARDS Jim Kehoe Snowmass Arts Advisory Board Lee Mulcahy Snowmass Arts Advisory Board Gary Littell Environmental Advisory Board Don Crouch Planning Commission David Perry Marketing, Group Sales and Special Events Board John Henschel Marketing, Group Sales and Special Events Board Glenn Clements Part Time Residents Advisory Board (Time: 20 Minutes) ACTION REQUESTED OF COUNCIL: Approve Resolutions -- Rhonda Coxon /Mayor Boineau .........................Page 7 Item No. 7: RESOLUTION NO. 15. SERIES OF 2014 — RATIFICATION OF CONSULTING CONTRACT WITH SUITER AND ASSOICATES. LLC (Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Review resolution, motion to approve, amend, deny. - -John Dresser ....................... ...........................Page 15 Item No. 8: MANAGER'S REPORT (Time: 10 minutes) 02- 03 -14tc Agenda Page 2of2 - -Gary Suiter .......................... ...........................Page 22 Item No. 9: AGENDA FOR NEXT TOWN COUNCIL MEETING: • February 12, 2014 — Work Session • February 18, 2014- Regular Meeting ....................................... ..............................Page 23 Item No. 10: APPROVAL OF MEETING MINUTES FOR: • January 6, 2014 ..................................... ..............................Page 25 Item No. 11: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS • February • March • April .................................... ............................... Page 32 Item No. 12: ADJOURNMENT NOTE: Total time estimated for meetinq: Approx 1.5 hours (excludinq items 1 -3 and 9 —12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. O M' TO: Snowmass Village Town Council FROM: Rhonda B. Coxon, Town Clerk DATE: February 3, 2014 RESOLUTION N• 09 SERIES OF RESOLUTION APPOINTING MEMBER BOARD REVIEW 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL There were some open positions on this Board and we received an application from an interested party. 11. DISCUSSION Listed below are the boards and the applicants. CITIZENS GRANT REVIEW BOARD John Hornblower TC PACKET 02 -03 -14 3 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 09 SERIES OF 2014 WHEREAS, Section 8.3 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council; and WHEREAS, the terms of members on certain boards and commissions have expired and resignations have been submitted; and WHEREAS, vacancies have been publicly posted and published in accordance with the terms and conditions of the Home Rule Charter; and WHEREAS, the following citizen has submitted an application expressing a desire to be appointed: NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: That the following citizen is hereby appointed to serve as follows: Section One: Citizens Grant Review Board John Hornblower Appointments and Terms 1- 3 yr. term Expiring 1/17 INTRODUCED, READ AND ADOPTED as amended by the Town Council of the Town of Snowmass Village, Colorado, on the 3rd day of February 2014 with a motion made by Council Member and seconded by Council Member and by a vote of _ in favor to — opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: RHONDA B. COXON, Town Clerk TC PACKET 02 -03 -14 4 14 -15 Page 2 of 2 APPROVED AS TO FORM: JOHN C.DRESSER, JR., Town Attorney TC PACKET 02 -03 -14 TOWN of SNOWMASS VILLAGE Application for Boards /Commission Position _ Board of Appeals and Examiners _ Liquor Licensing Authority Financial Advisory Board _ Planning Commission Wizens Grant Review Board _ Snowmass Art Advisory Board _ Marketing, Group Sales and Special Events — Part Time Residents Advisory Board _ Environmental Advisory Board Name: J 4ar / / -no vl � n 4 /, j a,- Home Phone: i `r�z / '- v2i Email: t. ox1%4 W44-12 Physical Home: 7 S•n o w m tiss (G Address: city: �(b 00 Qry S k Cr e.e k QZ p/, ST. & ZIP: Permanent Residence?: Yes 9? / No ❑ Mailing Address: 8°A g ax G 1 If No, place of Permanent Residence Business Mailing Address: Office Phone: g )o c�-25_ 8, ZZv Employed With: V R- @US r n e XS /" o kQ-`'S Position: - /r• /k a,- .r y 004,r ► /ip.,�� Are you Registered to Vote in Snowmass Village: Yes i2o*� or No ❑ List the Experience or Education which may qualify you for this position: 2 yearf o 61 c u F'Pa'r r cr r . 9 M r ft"e !i1 ar V f v� �j' 4114 e (,QYta r 4- ® gar V 0-r ef �A� ./ -v�h t- CLVO'Q Cp n !yt S Why do you wish to be appointed to this position? v It 0/1 C'0 4, w v K, 4 y y4 s %,rr a-+ °Ke- n® u i A 4-urn S ., t(° o >--f--' I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties. Ap 1icant's ignature Date Return to: Town of Snowmass Village Box 5010 TC PACKET 02 -03 -14 6 I IT, 14 hL•7 ► 1.i TO: Snowmass Village Town Council FROM: Rhonda B. Coxon, Town Clerk DATE: February 3, 2014 SUBJECT: RESOLUTION NO. 06,07,10,11,12,13,14, SERIES OF2014 RESOLUTIONS OF APPRECIATION FOR SERVICE ON VARIOUS BOARD t IN THE TOWN OF I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL These people served on various boards and their terms have expired or they have resigned and the Town of Snowmass Village would like to thank them for their service. Jim Kehoe Snowmass Arts Advisory Board Lee Mulcahy Snowmass Arts Advisory Board Gary Littell Environmental Advisory Board Don Crouch Planning Commission David Perry Marketing, Group Sales and Special Events Board John Henschel Marketing, Group Sales and Special Events Board Glenn Clements Part Time Residents Advisory Board II. DISCUSSION TC PACKET 02 -03 -14 7 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 6 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO JIM KEHOE FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS ARTS ADVISORY BOARD. WHEREAS, Jim was appointed by the Town Council of Snowmass Village to serve as a Member of the Snowmass Arts Advisory Board on January 1St 2007 and continued serving through December 31, 2013; and WHEREAS, Jim's hard work and excellent attendance record have been an asset to the Snowmass Arts Advisory Board; and WHEREAS, the Town Council appreciates Jim's dedication as a Member of the Snowmass Arts Advisory Board; and WHEREAS, Jim's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Art's Advisory Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Jim for his contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd day of February, 2014 upon a motion made by Mayor Bill Boineau, seconded by Council Member Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk TC PACKET 02 -03 -14 8 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 7 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO LEE MULCAHY, PhD FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS ARTS ADVISORY BOARD. WHEREAS, Lee was appointed by the Town Council of Snowmass Village to serve as a Member of the Snowmass Arts Advisory Board on January 1St, 2010 and continued serving through December 31, 2013; and WHEREAS, Lee's hard work and excellent attendance record have been an asset to the Snowmass Arts Advisory Board; and WHEREAS, the Town Council appreciates Lee's dedication as a Member of the Snowmass Arts Advisory Board; and WHEREAS, Lee's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Art's Advisory Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Lee for his contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd day of February, 2014 upon a motion made by Mayor Bill Boineau, seconded by Council Member Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk TC PACKET 02 -03 -14 9 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 10 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO GARY LITTELL FOR HIS SERVICE AS A MEMBER OF THE ENVIRONMENTAL ADVISORY BOARD WHEREAS, Gary was appointed by the Town Council of Snowmass Village to serve as a Member of the Environmental Advisory Board in July of 2011 and continued serving through 2012; and WHEREAS, Gary's strategic insights & guidance, intelligent solutions and hard work have been a tremendous asset to the Environmental Advisory Board; and WHEREAS, the Town Council appreciates Gary's dedication and leadership as a founding Member of and ongoing advisor to the Environmental Advisory Board; and WHEREAS, Gary's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Environmental Advisory Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Gary Littell for his contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd day of February 2014 upon a motion made by Mayor Bill Boineau, seconded by Council Member Markey Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk TC PACKET 02 -03 -14 == 10 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 11 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO DON CROUCH FOR HIS SERVICE AS A MEMBER OF THE PLANNING COMMISSION WHEREAS, Don was appointed by the Town Council of Snowmass Village to serve as a Member of The Planning Commission January of 2002 and served consecutive terms through December of 2013, and WHEREAS, Don's strategic insights & guidance, intelligent solutions and hard work have been a tremendous asset to the Planning Commission; and WHEREAS, the Town Council appreciates Don's dedication and leadership as a Member of, and ongoing advisor to the Planning Commission; and WHEREAS, Don's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Planning Commission, and the entire Town Staff hereby express their sincere gratitude and appreciation to Don Crouch for his contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd day of February 2014 upon a motion made by Mayor Bill Boineau, seconded by Council Member Markey Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk TC PACKET 02 -03 -14 11 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 12 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO DAVID PERRY FOR HIS SERVICE AS A MEMBER OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD WHEREAS, David was appointed by the Town Council of Snowmass Village to serve as a Member of the Marketing, Groups Sales and Special Events Board in February of 2006 and continued serving through August of 2013, and WHEREAS, David's strategic insights & guidance, intelligent solutions and hard work have been a tremendous asset to the Marketing, Group Sales and Special Events Board; and WHEREAS, the Town Council appreciates David's dedication and leadership as a Member of, and ongoing advisor to the Marketing, Group Sales and Special Events Board and its ad -hoc project committees; and WHEREAS, David's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Marketing, Group Sales and Special Events Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to David Perry for his contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd day of February 2014 upon a motion made by Mayor Bill Boineau, seconded by Council Member Markey Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk TC PACKET 02 -03 -14 mmm 12 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 13 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO JOHN HENSCHEL FOR HIS SERVICE AS A MEMBER OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD WHEREAS, John was appointed by the Town Council of Snowmass Village to serve as a Member of the Marketing, Groups Sales and Special Events Board in January 2011 and continued serving through December 31, 2013; and WHEREAS, John's strategic insights & guidance, intelligent solutions and hard work have been a tremendous asset to the Marketing, Group Sales and Special Events Board; and WHEREAS, the Town Council appreciates John's dedication and leadership as a Member of, and ongoing advisor to the Marketing, Group Sales and Special Events Board and its ad -hoc project committees; and WHEREAS, John's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Marketing, Group Sales and Special Events Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to John Henschel for his contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd day of February 2014 upon a motion made by Mayor Bill Boineau, seconded by Council Member Markey Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk TC PACKET 02 -03 -14 EM 13 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 14 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO GLEN H. CLEMENTS FOR HIS SERVICE AS A MEMBER OF THE PART TIME RESIDENTS ADVISORY BOARD WHEREAS, Glen was appointed by the Town Council of Snowmass Village to serve as a Member of the Part Time Residents Advisory Board in December of 2012 and continued serving through December of 2013; and WHEREAS, Glen's strategic insights & guidance, intelligent solutions and hard work have been a tremendous asset to the Part Time Residents Advisory Board; and WHEREAS, the Town Council appreciates Glen's dedication and leadership as a Member of, and ongoing advisor to the Part Time Residents Advisory Board; and WHEREAS, Glen's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, The Part Time Residents Advisory Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Glen Clements for his contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd day of February 2014 upon a motion made by Mayor Bill Boineau, seconded by Council Member Markey Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk TC PACKET 02 -03 -14 mmm 14 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: February 3, 2014 SUBJECT: Resolution No. 15, Series of 2014 - Ratification of Consulting Contract with Suiter and Associates, LLC ACTION REQUESTED OF COUNCIL: Council is requested to ratify the consulting contract to provide interim management services negotiated with Suiter and Associates, LLC. BACKGROUND: In 2013 Council conducted a search for Town Manager, considered offering an employment contract to Gary Suiter to be Town Manager at the Council meeting on January 6, 2014 but continued consideration of such an offer to February 3, 2014, while requesting a proposal from Suiter and Associates, LLC to continue providing consulting services. On January 21, 2014, Council considered a proposal from Suiter and Associates, LLC and determined that rather than an offer of employment, a revised consulting services agreement with Suiter and Associates, LLC to provide interim management services was desirable with certain modifications to the proposal. Subsequent to the January 21, 2014 Council meeting, Suiter and Associates, LLC made the requested modifications resulting in a contract to provide interim management services for a period of three months at a rate of $17,250.00 per month between TOSV and Suiter and Associates, LLC. The monthly rate included in the contract is within the amount budgeted by TOSV for Town Manager salary and benefits. APPLICABLE REGULATIONS: CRS 24 -6 -402, Colorado Open Meetings Act. STAFF RECOMMENDATION: While not an offer of employment to a Chief Executive pursuant to the Open Meetings Act, retaining a consultant to provide interim management services could be considered formal action. Given that on January 6, 2014 consideration of an employment contract was continued to this meeting and that in the course of negotiating an employment contract Council determined a proposal to provide interim management services on a consulting basis was preferable, it is advisable to discuss and ratify the consulting contract at this meeting by approving Resolution No. 15. ATTACHMENTS: CRS 24 -6 -402 Consulting Agreement TC PACKET 02 -03 -14 15 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 15 SERIES OF 2014 RESOLUTION RATIFYING A C• - AND ASSOCIATES, TO PROVIDE CONSULTING SERVICE • - INTERIM MANAGEMENT j WHEREAS, the Town Council has negotiated a contract with Suiter and Associates, LLC to provide consulting service for interim management services; and WHEREAS, the Town has conducted a diligent and rigorous process to retain management; and WHEREAS, the Town Council has been duly advised regarding the terms and conditions of such a contract for interim management services; and WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: 1. Action. The Contract attached hereto as Exhibit "A" is hereby ratified by the Town Council. 2. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. TC PACKET 02 -03 -14 16 Reso 14 -15 Page 2 of 2 INTRODUCED, READ AND ADOPTED, by the Town Council of the Town of Snowmass Village, Colorado, on the 3rd day of February, 2014 upon a motion made by Council Member , seconded by Council Member , and by a vote of in favor to _ opposed. IN ATTEST: Rhonda B. Coxon, Town Clerk John C. Dresser, Jr., Town Attorney TC PACKET 02 -03 -14 17 Bill Boineau, Mayor i ': This AGREEMENT FOR PROFESSIONAL SERVICES is made this ZZ day of 34AkJal , 2014 between the Town of Snowmass Village, a municipal government operating under the laws of to State of Colorado (Town), and Suiter & Associates, LLC, a Colorado Limited Liability Company (Consultant). WITNESSETH: In consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: Scope of Agreement. Consultant agrees to perform for the Town the services detailed in Appendix A, hereby incorporated by reference. Consultant shall deliver all work in a form suitable for reproduction. The Town shall have a proprietary right of all completed work product. Consultant may make and retain such copies of completed work product, as Consultant desires. 2. Consideration. The Town agrees to pay the Consultant for the Scope of Work detailed in Appendix A in accordance with the Fee Schedule detailed in Appendix B, hereby incorporated by reference. 3. Term and Renewal. This Agreement shall be effective as of the date of its execution by both parties and shall extend to April 30, 2014, unless earlier terminated pursuant to Section 6 of this Agreement. This Agreement shall be automatically renewed for successive three -month periods, unless otherwise terminated pursuant to the provisions of Section 6. 4. Status. The Consultant is an independent contractor who shall provide the services of its principal, Gary Suiter, who shall be hired as and serve Town Manager as an employee and agent of the Town during the term of this Agreement; however, neither Consultant nor Gary Suiter shall have any claim under this Agreement against the Town for any employee benefit of any kind not specified in this agreement. Consultant shall comply with all federal, state and local laws and regulations. This Agreement shall not be construed as a partnership or joint venture between the parties. 5. Indemnity. To the extent permitted by law, each party to this Agreement shall hold harmless, indemnify and defend the other party, including the other parties employees, officers, agents, and assigns, from any claim, lawsuit, or awarded damages, to the extent such claims, lawsuit, or awarded damages arises from the action or inaction of that party's own officers, employees and agents. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the other parties would otherwise be entitled under Section 24 -6 -101, et seq., CRS, as amended. 6. Termination. The Town or the Consultant may terminate this Agreement at any time by giving a minimum fifteen (15) calendar day's written notice to the other party or immediately for cause. TC PACKET 02 -03 -14 18 Professional Services Agreement Town of Snowmass Village and Suiter & Associates Page 2 In the event this Agreement is terminated, Consultant shall be compensated for all work performed and expenses incurred up to the date of termination. 7. Agreement Administration and Notice. Any notices required to be given pursuant to this Agreement shall be delivered as follows: To the Town: Town Attorney and Town Council (attn.: Mayor) Town of Snowmass Village 130 Kearns Road P.O. Box 5010 Snowmass Village, Colorado 81615 To the Consultant: Mr. Gary Suiter, Principal Suiter & Associates, LLC 164 Goose Lane Carbondale, Colorado 81623 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties. The provisions of this Agreement may be amended at anytime by the mutual consent of both parties. The parties shall not be bound by any other agreements, either written or oral, except as set forth in this Agreement. 9. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Venue for any action instituted pursuant to this agreement shall lie in Pitkin County, Colorado. 10. Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof. 11. Attorneys Fees. Should this Agreement become the subject of litigation between the Town and Consultant, the prevailing party shall be entitled to recover all of actual costs in connection therewith, including but not limited to attorney's fees and expert witness fees. All rights concerning remedies and or attorneys fees shall survive any termination of this agreement. JThis Agreement is hereby executed this day of 440a r 2014. I , For the Town of Snowmass Village: For Suiter & Associates, LLC: 4 By: By: (Signature) Gary Suit r, Title: OA P. TC PACKET 02 -03 -14 19 Professional Services Agreement Town of Snowmass Village and Suiter & Associates Page 3 APPENDIX A Scope of Services A) The Consultant shall serve as Town Manager for the Town of Snowmass Village. The anticipated term of service is for three months, and shall be automatically renewed for successive three -month periods, unless either party terminates the agreement pursuant to Paragraph 6. Consultant shall devote a minimum of 138 hours per month (approximately 32 hours per week) to the execution to the duties required of the Town Manager. The Town shall make available a workspace, desk, computer and other office materials needed by the Consultant necessary for the performance of the duties of Town Manager. B) The Consultant shall exercise all the duties, powers, responsibilities and obligations of the Town Manager consistent with Town Charter, State Statutes and local ordinances and resolutions with the following exceptions: 1. The Consultant shall not attend regional or statewide meetings representing the Town unless specifically requested and authorized to do so by the Town Council. C) Specific work items to be performed and completed by the Town Manager are: Maintain a positive public perception of Snowmass Village Town Government through positive media relations, public and employee relations, and candid public dialogue. 2. Assist the Town Council with the development and implementation of their mission, goals and specific objectives. 3. Provide guidance and professional oversight of major construction and planning projects. 4. The Town Council may reasonably assign other duties at any time. D) Consultant shall attend all regular meetings of the Town Council unless the Mayor determines that the Consultant's attendance is not required or seven days advance notice is provided by the Consultant to the Mayor. E) Consultant shall provide regular written updates of activities and issues of interest to the Council. The Council members may individually contact the Consultant as needed for an informal update on issues of importance. F) The Town Council shall cause the Manager to be named as a Town official with the Town's official insurance carrier for liability and all other insurance coverage provided by the insurance carrier for appointed officials. TC PACKET 02 -03 -14 20 Professional Services Agreement Town of Snowmass Village and Suiter & Associates Page 4 APPENDIX B Fee Schedule Suiter & Associates Monthly Fee (for 138 hours per month) Hours over 138 per month Hours under 13 8 per month Expenses and Reimbursements Mileage Meals for consultant Meals for legitimate business purposes Copies, Postage, etc. Telephone/Fax Lodging (Authorized in advance by the Mayor) Air fare (Authorized in advance by the Mayor) $17, 250 per month $120.00 per hour Billed on a prorated basis Federal mileage rate Included in rate Reimbursed at cost Provided by the Town Included in rate Reimbursed at cost Reimbursed at cost Housing The Town will provide housing for the Consultant. The Town will pay for all utilities, except for cable and internet, and the Town and Consultant may enter into a separate lease agreement for such residence, to be occupied by Consultant during the term and renewals of this Agreement. TC PACKET 02 -03 -14 21 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: GARY SUITER, INTERIM TOWN MANAGER D. Community Development Director Search We have narrowed the field to 12 applicants and are conducting (Skype) interviews with key staff this week (Jan 22 and 23). This is a preliminary round of interviews, and we intend to narrow the field to 5 or 6 finalists, based upon the results of those interviews. We will then set up face -to -face interviews with staff and community panels. Thus far, we are pleased with the quality of the candidates resulting from this recruitment. 2013 Annual Report Our Annual Report publication for the Town has been printed and is ready for distribution. It will be mailed to P.O. boxes in the Village and provided at future Council meetings and Town - organized events. Discovery Center Cocktail Party Council is invited to a cocktail party at the Discovery Center on Thursday, February 131" from 5 -7 p.m. The Center's Paleontologist, Tom Temme, will be there and they plan to open one of the "jacketed" tusks. Let me know if you plan to attend and I will inform Sue Whittingham. Comp and Class Plan Marianne has been working diligently updating the town's job descriptions for the revised compensation and classification plan. This is an important process to ensure our salaries remain competitive with comparable resorts, as well as the private sector. This will be brought before Council later this spring, prior to the 2015 budget process. Accounting Software Rollout We are officially on the New World accounting system. Most everyone has been patient as we go through training and work out the details of the new system. We can already see the advantages and look forward to being more efficient and transparent. Event Notices - none *Response Requested 1.28.14 TC PACKET 02 -03 -14 22 SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION WEDNESDAY, FEBRUARY 12, 2014 • ,...• • . �. CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: DISCUSSION - COMPREHENSIVE PLAN CHAPTER.10 DISCUSSION (Time: 60 Minutes) - -Sloan Campi ............................ ...........................Page Item No. 3: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hou_r_s(excluding items 1 AND 3 ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. TC PACKET 02 -03 -14 23 1 st Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 18, 2014 CALL TO ORDER AT 4:00 P.M. Item No_ 1 - ROLL CALL Item No. 2: PUBLIC NON - AGENDA ITEMS (5- minute time limit) Item No. 4: COUNCIL UPDATES Item No.: MANAGER'S REPORT (Time: 10 minutes) - -Gary Suiter ................... ...........................Page Item No.: AGENDA FOR NEXT TOWN COUNCIL MEETING: • March 3, 2014 - Regular Meeting • March 12, 2014 - Work Session • March 17, 2014 - Regular Meeting ......... ............................... ...........................Page Item No.: APPROVAL OF MEETING MINUTES FOR: • Calendars for January, February and March ......... ............................... ...........................Page Item No.: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ......... ............................... ...........................Page Item No.: ADJOURNMENT NOTE: Total time estimated for meetingA_ pprox_ hours (excluding items 1- 3 and 9 -12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. TC PACKET 02 -03 -14 24 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 JANUARY 6, 2014 0 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town s Council on Monday, January 6, 2014 at 4:04 p.m. 9 10 Item No. 1 ROLL CALL 11 COUNCIL MEMBERS Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and PRESENT: Chris Jacobson. 12 COUNCIL MEMBERS All Council Members were present ABSENT: 13 STAFF PRESENT: Gary Suiter, Town Manager; John Dresser, Town Attorney; Anne Martens, Public Works Director; John Baker, Road Supervisor; Jim Wahlstrom, Senior Planner; Sloan Campi, Planner; Mark Kittle, Chief Building Official; Kelly Vaughn, Communications Director; Yan Baczkowski, Director of Tourism; Nick Reitter, Facilities Maintenance Superintendent; Rhonda B. Coxon, Town Clerk 14 PUBLIC PRESENT: Don Schuster, Bob Purvis, Michelle Bates, Tom Cardomone, Sally Sparhawk, Howard Gross, Rick Griffin, Patrick Keelty, Don Crouch, Bob Sirkus, Jill Berthard, Page Shuck, John Hornblower, Phil Sirianni, Craig Morzio, Gert VanMorsel and other members of the Public interested in today's Agenda items. 15 16 Item No. 2 STAFF RECOGNITION 2013 ENVIRONMENTAL AWARD 17 18 Nick Reitter and Mark Kittle were presented the annual staff environment award, and 19 were recognized by Council and the Environmental Advisory Board for their leadership 20 and commitment to reducing carbon emissions in Snowmass Village. Reitter was 21 lauded for his efforts to improve the efficiency of Town buildings and systems, while 22 Kittle was awarded for his role in the town's recent adoption of the green building code. 23 Awards were presented by Mayor Boineau. Sally Sparhawk, Chair of the Environmental 24 Advisory Board also provided comment. 25 26 Item No. 3 PUBLIC NON - AGENDA ITEMS 27 28 There were no Public -Non Agenda Items. 29 TC PACKET 02 -03 -14 25 01- 06 -14tc Minutes Page 2 of 7 30 Item No. 4 COUNCIL UPDATES 31 32 Council Member Butler extended condolences to John and Carol Dresser and extended 33 family for the loss of Carol's mom. 34 35 Mayor Boineau commented on an upcoming RFTA meeting with Council Member Butler 36 will attend in his absence. 37 38 Council Member Jacobson spoke to economic generation for Aspen by the Hockey 39 industry. 40 41 Council Member Kucker noted all is well with the Nordic Council. 42 43 Item No. 7 RESOLUTION NO. 2, SERIES OF 2014 - APPOINTING MUNICIPAL 44 JUDGE- A RESOLUTION APPOINTING. H. LAWSON WILLS AS MUNICIPAL JUDGE 45 SETTING THE TERM OF OFFICE AND COMPENSATION. 46 47 Town Clerk Rhonda Coxon noted that per Section 7.2 of the Home Rule Charter the 48 Town Council will appoint a Municipal Judge each year and may reappoint the 49 Municipal Judge subsequent terms. She noted Judge H. Lawson Wills was present and 50 would provide a brief report and answer questions of Council. 51 52 Fred Kucker made the motion to approve as amended to add "parking pass" Resolution 53 No. 2, Series of 2013 appointing H. Lawson Wills as the Town of Snowmass Village 54 Municipal Judge. Chris Jacobson seconded the motion. The motion was approved by a 55 vote of 5 in favor to 0 opposed. 56 57 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 58 Jacobson. 59 60 Voting Nay: None. 61 Item No. 5 SNOWMASS DISCOVERY PROGRESS REPORT 62 63 Tom Cardamone and John Rigney representing the Snowmass Discovery Board 64 presented an update and a report of the status of the this board and the work and 65 progress that has been made to date. They covered the status of the 501 C3 formation, 66 the work at the Discovery Center with scientists, the exposure to various groups, 67 emerging of "the story" by the scientists, mission statement, re- configuration of the 68 Board, adoption of a budget, John McCarter report, the need for an Executive Director 69 for 2 to 3 days a week and funding. 70 71 Consultants will help with strengthening the Board, help with process and identify the 72 elements that are most feasible and make sure that the feasible elements work. The 73 final plan is still be finalized and they are getting closer. Council asked where the TC PACKET 02 -03 -14 26 01 -06-14tc Minutes Page 3 of 7 74 funding is coming from. Rigney noted hopefully from stakeholders and partners, and 75 then gifts through the 501 C3 organization. 76 77 Item No. 6 RESOLUTION NO. 1, SERIES OF 2014 DESIGNATION OF PUBLIC 78 NOTICE BOARDS -CONSIDERATION OF A RESOLUTION DESIGNATING THE 79 LOCATION OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF 80 SNOWMASS VILLAGE 81 82 Town Clerk Rhonda Coxon stated that Section 24-6-401 C.R.S. declares that is it the 83 policy of the State of Colorado that the formation of public policy is public business and 84 may not be conducted in secret and that at the first meeting of the year the Council 85 officially designate the Public Notice board with is located within Town Hall outside the 86 Town Council Chambers, she noted that the Clerk's office also posts notices at the 87 Snowmass Center for public convenience. 88 89 Jason Haber made the motion to approve Resolution No. 1, Series of 2014 designating 90 the official Notice Board for the Town of Snowmass Village. Markey Butler seconded the 91 motion. 92 93 Voting Aye: None. 94 95 Voting Nay: None. 96 Item No. 8 RESOLUTION NO. 3, SERIES OF 2014 - APPOINTING MEMBERS TO 97 VARIOUS TOWN BOARDS 98 99 loo Town Clerk Rhonda Coxon stated that there were a total of 27 vacancies created by lol expiration of terms and some positions that were open from last year. She noted that 102 some of the applicants are present to answer any questions of Council. After brief 103 discussion with the applicants and a paper vote for the Planning Commission board 104 members the Council approved the Resolution. 105 106 Jason Haber made the motion to approve as amended by adding names to the 107 appropriate Boards and approve Resolution No. 3, Series of 2013. Fred Kucker 108 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 109 no Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 111 Jacobson. 112 113 Voting Nay: None. 114 Item No. 9 RESOLUTION NO. 5 SERIES OF 2014 - GRANT DISTRIBUTIONFOR 115 2014A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR TC PACKET 02-03-14 27 01- 06 -14tc Minutes Page 4of7 116 BUDGETED FOR GRANT CONTRACTS TO THE HEALTH AND HUMAN SERVICE 117 ORGANIZATIONS 118 119 Chairman of the Citizen Grant Review Board John Hornblower reviewed each grant that 120 was submitted and how it fit the criteria of Health and Human Services and served 121 Snowmass Village and the amount proposed. He noted there was only one grant 122 submission that the Board had difficulty with and the Board decided to leave the 123 application from Camp SMashBox program at the Snowmass Chapel. The Board was 3 124 in favor and 1 opposed to the $5,000 request. 125 126 Fred Kucker made the motion to approve Resolution No. 5, Series of 2014 approving 127 the Health and Human Services grant distribution for 2014. Jason Haber seconded 128 the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 129 130 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 131 Jacobson. 132 133 Voting Nay: None. 134 Item No. 10 RESOLUTION NO. 4, SERIES OF 2014 -DIRECTION IDENTIFYING 135 SPECIFIC COMPONENTS, AREAS OF THE CODE OR CORE ISSUES FOR THE 136 PLANNING COMMISSIONS REVIEW OF THE MAJOR PUD AMENDMENT 137 PRELIMINARY PLAN INVOLVING LOT 2 IN BASE VILLAGE 138 139 Senior Planner Jim Wahlstrom stated that following the presentation by the applicant at 140 the joint meeting with the Planning Commission on December 16, 2013, the procedures 141 in the code require Town Council to identify the project components /elements, areas of 142 the code or core issues that the Planning Commission should focus upon during the 143 formal review of the application. He also noted that pursuant to code section 16A -5 -340, 144 the question the Planning Commission and Town Council should consider in a detailed 145 manner during the review of a preliminary plan depending on the size and complexity of 146 the proposal. 147 148 Town Council took a break at this time. 149 15o Don Schuster and Mike Kaplan representing the applicant Aspen Skiing Company 151 provided a presentation. Town Attorney John Dresser reminded the Town Council this 152 not to begin a review of the application but to provide a list of concerns or items that the 153 Council would like the Planning Commission to review and then provide feedback on 154 the request for "Concurrent Review ". The Council provided issues for staff to bring to 155 the Planning Commission and Council Member Jacobson submitted a list of concerns 156 for the record. 157 158 Item No. 11 DIRECTION TO STAFF TO SUBMIT AN OFFER OF EMPLOYMENT TO 159 THE INTERIM TOWN MANAGER TC PACKET 02 -03 -14 28 01- 06 -14tc Minutes Page 5 of 7 160 161 At 7:15 p.m. the Council went into Executive Session. 162 163 Bill Boineau made the motion to enter closed session to discuss Item No. 11 on today's 164 agenda. Chris Jacobson seconded the motion. The motion was approved by a vote of 5 165 in favor to 0 opposed. 166 167 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 168 Jacobson. 169 170 Voting Nay: None. 171 Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 172 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to 173 specifically discuss three items: 174 175 a) Determining positions relative to matters that may be subject to 176 negotiations, developing strategy for negotiations, instructing 177 negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass 178 Village Municipal Code Section 2- 45(c)(5); and 179 180 b) Conferences with an attorney for the purposes of receiving legal 181 advice on specific legal questions pursuant to C.R.S. 24 -6- 182 402(4)(c) and Snowmass Village Municipal Code Section 2- 183 45(c)(2); 184 185 c) Personnel matters, except if the employee who is the subject of the 186 session has requested an open meeting, pursuant to C.R.S. 24 -6- 187 402(4)(f)(1) and Snowmass Village Municipal Code Section 2- 188 45(c)(6); 189 190 Provided, there is an affirmative vote of two - thirds of the quorum present 191 at this meeting to hold an Executive Session and for the purposes of 192 considering items (a) (b) and (c) above. Provided further, that no adoption 193 of any proposed policy, position, resolution, regulation, or formal action 194 shall occur at this Executive Session. 195 196 197 At 9:40 p.m. 198 199 Chris Jacobson made the motion to reconvene to the Regular Meeting. Fred Kucker 200 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 201 202 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris TC PACKET 02 -03 -14 29 01- 06 -14tc Minutes Page 6 of 7 203 Jacobson. 204 205 Voting Nay: None. 206 207 Item No. 12 MANAGER'S REPORT 208 209 Interim Town Manager Gary Suiter discussed the following topics with the Council: 210 211 1) Ice Skating Rink - Council Member Haber requested staff look at possible shading 212 and rink safety. 213 2) Community Development Director Search 214 3) 2013 Annual Report and Other Community Relations 215 4) Administrative Update 216 5) Strategic Planning Session 217 218 Alternate Wednesdays will be used for Work Sessions and meeting like the Strategic 219 Planning Session. 220 221 Item No. 13 AGENDA FOR NEXT TOWN COUNCIL MEETING * January 13, 2014- Work Session this meeting cancelled and Items moved to the next regular meeting. • January 21, 2014 - Regular Meeting • February 3, 2014 - Regular Meeting 222 223 Item No. 14 APPROVAL OF MEETING MINUTES FOR * October 21, 2013 * November 18, 2013 * December 2, 2013 224 Fred Kucker made the motion to approve the Regular Meeting minutes for 225 the Snowmass Village Town Council for Monday, October 21, 2013. Chris Jacobson 226 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 227 228 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 229 Jacobson. 230 231 Voting Nay: None. 232 Markey Butler made the motion to approve the Regular Meeting minutes for 233 the Snowmass Village Town Council for Monday, November 18, 2013. Fred Kucker 234 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 235 TC PACKET 02 -03 -14 30 01- 06 -14tc Minutes Page 7 of 7 236 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 237 Jacobson. 238 239 Voting Nay: None. 240 Bill Boineau made the motion to approve the Regular Meeting minutes for the 241 Snowmass Village Town Council for Monday, December 2, 2013. Markey Butler 242 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 243 244 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 245 Jacobson. 246 247 Voting Nay: None. 248 Item No. 15 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS • January • February • March 249 250 Council discussed Work Sessions and confirmed February 10 and March 12 the second 251 and fourth Wednesdays from 4:00 p.m. to 6:00 p.m. 252 253 Item No. 17 ADJOURNMENT 254 255 256 At 9:57 p.m. 257 258 Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village 259 Town Council on Monday, January 6, 2014. Chris Jacobson seconded the motion. The 260 motion was approved by a vote of 5 in favor to 0 opposed. 261 262 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 263 Jacobson. 264 265 Voting Nay: None. 266 Submitted By, 267 268 269 Rhonda B. Coxon, CMC 27o Town Clerk 271 TC PACKET 02 -03 -14 31 Sun Mon Tue Wed Thu Fri 2014 Sat 1 TC PACKET 02 -03 -14 2 3 4 5 6 7 8 Town Council Mardi Gras! Meeting Ash 4:00 m. Or FAT Wednesday Tuesday! 9 10 11 12 13 14 15 Town Council Work Session 4:00 p.m 16 17 18 19 20 21 22 Town Council EOTC Meeting Retreat 4:00 m. 1:00 — 5:00 p.m. Place TBD 23 24 25 26 27 28 29 TC PACKET 02 -03 -14 33 Sun Mon Tue 1 Wed 2 2014 Thu Fri 3 4 Sat 5 TC PACKET 02 -03 -14 34