Resolution #14-28: Resolution of the Vernon Township Municipal Utilities Authority Regarding a Mountain Creek 2013 Payment Plan

Date of Adoption: July 17, 2014

WHEREAS, there is an open payment due for the “restaurant space” in the Appalachian Hotel;

WHEREAS, in 2014, Mountain Creek requested an inspection of the space;

WHEREAS, the VTMUA Engineer inspected the space and concluded that, although the space has approvals for use as a restaurant, it has no improvements related to a restaurant and it should be billed at the retail EDU rate;

WHEREAS, the Engineer’s recommendation of the application of the retail EDU rate was approved for this space retroactive to January 1, 2014;

WHEREAS, Mountain Creek had requested that the modification of the billing rate be retroactive to 2013;

WHEREAS, the VTMUA has declined to act favorably upon the request for additional retroactive application due to the fact that this issue was not fully raised until 2014;

WHEREAS, this has created a unique situation;

WHEREAS, the parties have negotiated in good faith;

WHEREAS, Mountain Creek has agreed to pay the 2013 charge provided that they can make payments between now and the end of the year;

WHEREAS, the VTMUA Commissioners are in agreement to resolve this dispute on a unique issue;

NOW THEREFORE IT BE RESOLVED by the Commissioners of the Vernon Township Municipal Utilities Authority that the Executive Director is directed and has the authority to negotiate a payment schedule with Mountain Creek for the 2013 arrears related to the “restaurant space” in the Appalachian Hotel provided that the balance is paid in full prior to December 31, 2014.