“Whatever USA” contract change fires up Crested Butte town council

In the end, the Crested Butte Town Council wanted a small committee with representatives from Mt. Crested Butte to divvy up the half million dollars donated to the community from the Bud Light Whatever event last month. They suggested both town managers along with a council representative from both Crested Butte and Mt. Crested Butte be on the panel. The mayor may or may not be the town’s designated representative. The tension on the council started at the last meeting when several council members were perplexed about how a clause in the contract with the Whatever event organizers was changed between public hearings just 72 hours apart. That clause called for a joint committee between the two towns to decide how the money would be spent. Most of the Crested Butte council felt it was a decision for the town of Crested Butte to make and the contract they saw on Monday reflected that view. It came back differently at the Thursday public hearing but the change was not made obvious to the council. That upset several councilmembers and they voiced their frustration at the September 15 meeting. On Monday, councilmember David Owen asked to amend the minutes of the September 15 meeting to include a statement saying that “council was polled, and no member of the council could remember any direction to change this clause.” Owen said he went back to listen to the tape of the meeting to be sure that was correct, but the cassette tape of the meeting was blank in spots. That set up a discussion by the council about changing to a more modern and digital meeting recording procedure, which is now being employed. None of the other council members recalled a formal poll of the council, so Owen’s request was amended to say the council was asked about the change. This past Monday, Huckstep said that in the midst of the chaos before the event, he didn’t recall every detail but said he sent an email to town attorney John Belkin asking for the change to include Mt. Crested Butte in the contract section addressing the $500,000 gift. “The intent all along was to use that money for a joint project with us, Mt. Crested Butte and CBMR,” he said. Belkin told Owen he didn’t answer his questions directly at the September 15 meeting because he was “surprised” by the query. “Lawyers don’t like to be surprised,” he said. “I didn’t understand the issue. When you run as fast as we did with that thing between the two public meetings, some watermelons will fall off the truck. I didn’t realize you didn’t know.” “I can appreciate the staff working hard,” said Owen. “But this was a material change to a contract and to take that action based on an email from the mayor is not kosher. And for Huck to make that direction is usurping the authority of the council.” “I asked for the change,” said Huckstep. “I didn’t direct [the attorney] to make the change. Those are two very different things.” “An email from you to the attorney is direction,” countered Owen. “Changing the contract is a council function, not a mayor function.” “I don’t want to be under attack from you. I don’t trust your motivation,” said Huckstep. “You will try to spin my actions in the worst way possible.” “I felt it was important we had our own contract,” said councilperson Jim Schmidt. “Nothing against Mt. Crested Butte or CBMR. But when you [Huck] talked to me about a committee I didn’t support it and it never came to the full council. This is like when someone dies. Everyone loves each other until they start talking about the will and the money. We signed a contract and we’ll honor that. I just want to move on and work out what’s best for the community.” Initial verbal communications about the money between representatives of the two towns was centered on some of the cash being used to finish off the lower end of the Mt. Crested Butte Rec Path. That would involve some paving of the path that is located in the town of Crested Butte west of the lower bridge. The two councils also were heading toward using a larger portion of the money to upgrade the Nordic Center warming house/hockey changing facilities at Big Mine Park. Those discussions were not formalized and were held when the “gift” was expected to be $250,000. “The burden was on me and all of us to completely read the packet,” said councilman Glenn Michel. “Ideally those changes would be brought to our attention but things moved very rapidly at the time. That quickness breeds situations like this. We were pushed but we need to be able to give clear direction to the staff and proper time is needed. There’s no need to point fingers of who did what, when. When we do things at great speed, this type of thing is inevitable.” “Just so you know, I made revisions to the contract at light speed that Tuesday and Wednesday,” said Belkin. “Changes were also made that you weren’t aware of that significantly benefitted the town.” “Step back and look at this,” urged Huckstep. “Mistakes were going to be made. The Mt. Crested Butte and CBMR contracts reference $250,000 and a joint project. That’s the bottom line.” “Speed isn’t the issue,” responded Owen. “The issue is the role of the mayor and the role of the council. Direction needs to come from the council as a whole, not just one member. That’s the issue.” “After the last meeting, you took it upon yourself to call [Mt. Crested Butte mayor] Dave Clayton and [Mt. Crested Butte town manager] Joe Fitzpatrick on your own as one member of the council,” said Huckstep. “On your own. You are trying to take me to task and I don’t trust your motivation.” “My motivation is to make sure the town is governed like it should be,” said Owen. “In public and not via email.” “If we could unwind it, I would,” said Huckstep. “The people’s business should be done in public,” agreed Michel. “But what is it you want from this discussion?” “I’d ask for the mayor to resign over this,” responded Owen. “That’s what I would do.” “I’m not you,” said Huckstep. “Then we should censure the mayor to not have him act this way,” said Owen. “The same could then apply to you,” said Huckstep. “The contract change could have and should have been caught several times,” said Schmidt. “But David, you are going too far. If you two want to get personal, go for it but it is not constructive to the council.” Councilman Chris Ladoulis said the entire council should be part of such a conversation. Members Roland Mason and Shaun Matusewicz were absent from the meeting. “In a permitting situation we act as quasi-judicial judges,” said Owen. “You shouldn’t have had ex parte communication on your own with the attorney.” “I won’t stand for a do as I say/not as I do attack,” said Huckstep. “Look at how many emails you sent on your own about this issue after August 1. You sent a lot.” “We all treated this as a legislative matter and not a quasi-judicial issue,” said Michel. “That Huck made a suggestion was fine. That it wasn’t flagged was the problem,” said Schmidt. “This was a tough issue. I am deeply sorry about the lack of the red line,” said Belkin. “It’s a complex issue and we need to better communicate across the board,” suggested Ladoulis. “It’s more than communication,” said Owen. “It’s about procedure and process. You sir, are acting beyond your role. I want you to admit you made a mistake and then act within your role. That’s all I’m saying. I’m not trying to get rid of you.” “The council speaks with the majority. And here you are doing the same. I don’t trust your motivations or who is putting you up to this. The problem I have with you, is you are speaking as if you are the majority and you aren’t,” said Huckstep. As the venom flew between the two, the rest of the council made it clear they were through with the discussion and wanted to move on. And they did with little barbs tossed between Owen and Huckstep the rest of the meeting. It culminated in a loud Thanksgiving family-like dinner argument immediately after the pumpkin pie was served and the meeting was adjourned. The two yelled at each other until Owen stormed out of the town hall, slamming the door. The council will decide at the next meeting where they want to go with the appointments to the committee handling the $500,000 gift. Owen didn’t want Huckstep on the panel because of his past actions.