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10-06-14 Kucker response Ex Parte Communication cSc e /JGY"! 71-70 6/ Co C`i 1lq1)-- ett0LO /0,0011y I first want to thank staff. To a person they have made my life as a councilman pleasant and helped me to be, I hope,an effective councilman. jyt jig At the last council meeting Chris Jacobson spent 15 minutes haranging me, Markey, and Bill for supposed improper conversations with representatives of Related and i'`i' the Skico. Curiously, Mr. Jacobson said nothing about an extended conversation he had with Mike Kaplan, President of the Skico. Such a conversation would, undoubtedly, fall into the same category as any conversations Markey or I might have had. I'm sure that particular conversation just slipped Mr. Jacobson"s mind Additionally, Mr,Jacobson failed to mention what ethical standard I had violated. The only one I have found that comes anywhere near Mr.Jacobson's claims is section 2-94 of our municipal code. It provides and I quote: Sec.2-94. Ex parte communication. No elected official or an appointed official serving on a board or commission shall engage in any substantive communication concerning a matter pending before the Town with an appli- cant except at an open meeting. If an official determines, at the official's sole discretion, that such communication was substantive, then the official shall be disqualified with respect to any official act to which the substantive communi- sation. relates. (Ord. 13-1992 §2; Ord. 10-1997 The words I want you to remember are applicant, substantive communication and disqualified. I will come back to and deal with those provisions shortly. Now th t we know the ethical standard I'm supposed to have violated, let me set the stage. I believe Mr.Jacobson has a means and ends problem. He has continuously demonstrated he will use any means, fair or foul, to accomplish any end,right or wrong. His charge of my supposed unethical conduct is just the most recent case in point. First lets discuss Mr. Jacobsen's ends in the matter. His primary end was purely political. He wanted to defeat the resolution extending Relateds vested rights. I believe his ultimate goal was to have those rights reconsidered and perhaps changed. Such an outcome,would put Related,the Skico, and Sunrise in a very tenuous position.Absent vested rights they,their investors, and lenders would not have the political assurances they need and are entitled to,in order to move Base Village forward. As almost everyone who addressed us at the public hearing said, the most important goal for this town is to get Base Village moving. Mr.Jacobsen knew that the vote would be 3-2 in favor of extending the vested rights. That is why he made his allegations. He wanted me to disqualify(remember that word)myself. In a superb demonstration of his collegial attitude,Mr.Haber quickly suggested I do lust that.(do you think that was rehearsed?)Had I disqualified myself the vote would be 2-2 and the requested extension of the vested rights would have failed. That would have put Related.Skico and Sunrise in limbo with respect to vested rights,a result I don't think any person who cares about the economic well-being of this town wants. I didn't believe then and I don't believe 2 now that I had or have done anything unethical so I did not disqualify myself. J We have now seen Mr.Jacobson's ends and the consequence of those ends. I would now like to address the means Mr.Jacobson has employed to try and accomplish those ends. Mr.Jacobson accused me of having two conversations that violate section 2-94. The first was an alleged conversation with Joe Krabacher,counsel for Related. The second,a conversation with Don Shuster,who is employed by the Skico. Mr. Jacobson said he watched a replay of a council meeting in which Mr.Krabacher kept saying"we"in connection with an agreement. Mr.Jacobsen couldn't understand who the""we"referenced or what the agreement was about. He then,in his words, read between the lines and concluded that the"we"must have meant Mr.Krabacher and myself and the agreement was something that happened outside of a public council meeting. As Dwayne Romero,President of Related Colorado,wrote in a recent letter to the editor and I quote,"For the record,there were no ex partconversations between Related Colorado or our legal counsel and anyone on the Snowmass Village Council." To accuse me of having a conversation that never took place and reaching an agreement that never happened from reading between the lines is nothing short of bizarre,but it's a perfect example of the means Mr,Jacobson will resort to in order o accomplish his ends. With respect to the allegation that I had conversations with Don Shuster,I would make the following observations.As you remember from the section 2-94 quote I read earlier,it prohibits any substantive ex party communication with an applicant. As our town attorney pointed out numerous times during our last council meeting, the only applicant before/0 at the time,was Related. As I previously stated,Mr. Shuster is an employee of the Skico. I can also state that anything I said to Mr. Shuster I had previously said in public-at meeting. Therefore I don't believe anything I said to Mr.Shuster was substantive or different from what the public had already heard. l Well my fellow Snowmass Village voters,what do you do with a person who has the means and ends problems that Mr.Jacobson has and will be sitting on this council for two more years. You marginalize him,you make him ineffective so that he can do no harm. You do that first and foremost,by electing Markey Butler as Mayor. Don't get me wrong, I would urge you to elect Markey as mayor even if Mr.Jacobson~ wasn't on council. I believe she is far and away the most qualified candidate for the job. She has extensive experience in both the public and private worlds, a must for any Mayor. Through her service on the Planning Commission and this Council she has a broad and complete background and understanding of the major issues facing this town. She has also demonstrated her leadership ability by serving as executive director of Hospice of the Valley. Finally I believe she has the appropriate temperament to lead this council through what will most certainly be two challenging years. If, however,the foregoiig aren't enough good reasons to elect Markey as Mayor I have one more for you. If Markey is Mayor Jason Haber isn't. Make no mistake, Jason and Chris are two`peas in a pod. They have voted together on virtually every issue that has come before this council. Their goals are the same. I will give you three examples. They want to forestall the orderly development of Base Village,as their recent votes against extending Related's Vested rights demonstrates. They want Snowmass to be the greenest town in the world, regardless of cost or cost benefit. Finally,they want the rodeo either moved to Cozy Point or gone completely. So, if you want Base Village developed in an orderly fashion, if you want this town to have a rational Green policy and if you want to be sure the rodeo stays in Snowmass,- you will elect Markey as Mayor. . V. With that I bid you a fond farewell 4r-,-,ut) 4t- ro-?nu_..) \I icskivid 10- ---.. '„(,:ii--/,_ ,x t C lk np- of icJ ( �,,. '