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SPECIAL MEETING <br />its standards of <br />someone seeks to <br />loser would pay. <br />JULY 22, 1993 <br />operation. Mr. Nussbaum stated that anytime <br />go to litigation that party would know that the <br />Mr. Burkus also questioned why the Chairman of the Joint Committee <br />is selected by the Foundation. Mr. Nussbaum indicated that this <br />matter was the cause of much discussion. He advised Mr. Burkus <br />that the Board would have a right to suggest who should be <br />designated as Chairman. However, at this time, the designation is <br />the right of the Foundation. Mr. Nussbaum noted that this is <br />pursuant to the bylaws. Perhaps the bylaws can be changed in the <br />future to indicate that the designation could alternate from year <br />to year. Mr. Nussbaum noted however that this designation would <br />not be a detriment to the success of the Hall of Fame. <br />Mr. Sean Coleman, Member of the Century Center Board of Managers, <br />questioned the selection of the matters that required seven (7) <br />votes of the Joint Committee. Mr. Nussbaum stated that it was <br />felt that certain matters deserved votes by a super majority. He <br />noted that many matters will have to be dealt with by the Joint <br />Committee, Century Center Board of Managers and the Common <br />Council. <br />Mr. Ken Herceg, Member of the Century Center Board of Managers, <br />had a question regarding the twenty-five per cent (25%) of surplus <br />funds that will be available to the City after all Hall of Fame <br />expenses are met. Mr. Nussbaum explained that if the surplus <br />dollars equal $300,000 or more, the Foundation would receive <br />seventy-five per cent (75%) and the City, twenty-five per cent <br />(25%). If that amount is $300,000 or less, the Foundation would <br />receive ninety per cent (90%) and the city would receive ten per <br />cent (10%). Mr. Nussbaum reiterated that not one dollar will <br />leave the Hall of Fame until all expenses are paid. <br />Board of Public Works President John E. Leszczynski asked if the <br />amount of surplus funds received by the City could be used outside <br />of the Hall of Fame. Mr. Nussbaum stated that they can be and <br />this was a point of discussion at the time of the negotiations. <br />Another member of the Century Center Board of Managers had a <br />question concerning the $50,000 management fee annually due <br />January 1st after completion of the facility. His questions and <br />concerns regarding start up costs, any carry over funds and <br />whether or not they could keep an outside account, were addressed <br />and answered by Mr. Nussbaum. <br />Mr. Sean Coleman, Member of the Century Center Board of Managers, <br />inquired if the City used models from other Halls of Fame. Mr. <br />Nussbaum replied that they did from both the agreement side and <br />the operation side. Other Halls of Fame were looked at but what <br />makes this one different is that a municipality is doing the <br />project. <br />In conclusion, Mr. Nussbaum thanked his family and the families of <br />all other individuals involved in this project. <br />Mr. King advised that the Public Hearing being held today is not a <br />legal requirement but it was the request of the Board of Public <br />Works and the Century Center Board of Managers that the matter be <br />held in public in order to get the perspective of the public which <br />may be useful to Board members. Mr. King stated that individuals <br />wishing to address the Board in favor of this project would be <br />heard first followed by those opposed. At the end of this <br />discussion, time would be reserved for City officials to respond <br />to any comments made. <br />