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Improper Leadership
a. Dismissed overwhelming community opposition to Stanley purchase and eroded trust in local government.
i. Response: This is an opinion. Factually, this overwhelming opposition is based on a national online petition from the Community and Environmental Defense Services. This is NOT a local organization and the petition stated multiple implied purposes for the land purchase of which none were based on fact. The petition allowed for signatures of people not only outside of Grand Lake, but potentially outside the State of Colorado. The petition results were never shared with the Mayor or the Town Board. Support for the purchase is evidenced on January 25, 2021, during the vote call when multiple Trustees referred to their conversations with community members. This is on file as video minutes on YouTube at Grand Lake Town Board Meeting January 25, 2021.
b. Misused his position of power to pursue his agenda of relocating the Town Public Works Facility within a remote high density residential area.
i. Response: There is no evidence to substantiate that the mayor has an agenda regarding the relocation of the Town Public Works facility.
ii. Fact: Based on the existing deed for the Winter’s Park location, the facility cannot be torn down and replaced, or added to. This limits the options for relocating the Public Works facility. The Director of Public Works approached the Town Manager and informed him that the current location of the Public Works facility is no longer tenable due to its condition. The Town Manager brought it to the entire Town Board for a decision.
c. Refused to listen to community by not allowing questions during public meetings.
i. Response: Fact - It is standing policy that during all Town Board meetings there is time allotted for public comment, as is evidenced on all video minutes available via YouTube at Grand Lake Town Board Meetings.
ii. Per Town Board policy the public is encouraged to give their input at every Board Meeting during the Open Forum portion of the meeting. These forums are recorded and available on YouTube under Grand Lake Town Board Meetings. A Public Meeting was held regarding the Stanley Property purchase on January 19, 2021, as mentioned by Trustee Southway during the January 25, 2021, Town Board meeting, demonstrates this. Her acknowledgement of the public meeting was 2:26:31 on the video minutes recording of that meeting.
d. Inadequate guidance given to Town Trustees and Town Staff prior to important decisions.
i. There is no substantiation or evidence to support this statement. Town Board Members are given Workshop and Board Meeting packets by the Town Clerk, along with the upcoming agendas prior to every Town Board Meeting. These packets are available to the public also on the Town of Grand Lake Web page. The Town Manager gives guidance to the Town Board Trustees and manages the Town Staff.
Fiscally Irresponsible
a. Donation of Town owned property without public hearing or input from community (Space to Create).
i. Response: No town property has been donated to Space to Create as of this date. The Space to Create agreement specifies that the town involved must put in a portion of the cost of the project with either funding or property. Over time as a lease agreement, the property is returned to the town.
b. Purchase property outside of town without public hearing or input from the community.
i. Response: Any purchases of property by the town are discussed in public at Town Board Meetings. Since this does not specify a particular purchase, it is difficult to respond specifically. Using the Stanley Property purchase as an example, at the January 25, 2021, Town Board Meeting it was stated by Trustee Southway that she appreciated the public’s input at the January 19, 2021, Public Forum as part of the Board Meeting. Again, this is available on the video minutes of that meeting on YouTube at a time stamp of 2:26:31.
c. Committed Town Taxpayers to annual payments of $129,000+ through 2035.
i. Response: For over the past 15 years the town has been paying $22,000 a year for the Thomasson property lease, at a total cost to the town of $330,000, with no principal payment made. This is public record. The new annual payments allow the town acquisition of not only 21 acres of property, but also the acquisition of the Thomasson property. The continued lease will be offset by the purchase, so the actual annual payment increase will be $107,000 per year. The current Town Board determined, with input from Town Staff, that the current tax revenue situation would mitigate the overall impact of the increase in the existing payment, while obtaining actual assets for the town.
d. Grand Lake Center used as collateral for the Stanley Property purchase.
i. Response: It is common practice for a municipality to put up collateral against purchases, and there is nothing illegal or unethical in this practice. The cost of the Grand Lake Center purchase was $10. The current Town Board wisely used a $10 investment as collateral against a $1.5M loan.
Violation of the Colorado Open Records Act (CORA) and Open Meeting Laws
a. Failed to inform public about purchase of the Stanley Property prior to executive meetings.
i. Response: Fact – An executive meeting was held by the Town Board to discuss a purchase of land as specified in state statutes in September of 2020. This is common practice used for this purpose, as specified in state statute. A public meeting dedicated solely to the Stanley Property purchase was held on January 19, 2021, before the Town Board voted on the purchase at the Town Board meeting held on January 25, 2021. This meeting was referred to by Trustee Southway at the vote, at time stamp 2:26:31 on the video. The video minutes are available on YouTube at Grand Lake Town Board Meeting January 25, 2021, as evidence.
b. Refused to release minutes from executive session meetings.
i. Response: Fact – Per CRS 24-6-402: Minutes from executive session meetings are not required to be made available to the public for reasons of security or privacy.
c. Lack of open community meetings prior to decisions.
i. Response: Fact – It is standing policy that during all Town Board meetings there is time allotted for public comment, as is evidenced on all video minutes available via YouTube at Grand Lake Town Board Meetings.
ii. Community meetings were held for both the Space to Create Initiative on July 22, 2020, and August 4, 2020, at the Grand Lake Center, as well as a Public Forum via Zoom (due to COVID restrictions), for the Stanley property on January 19, 2021. At these public forums both Kathy and Tom Weydert spoke. Again, this last meeting was referred to at the Town Board Meeting of January 25, 2021, by Trustee Southway during the vote. The time stamp for her statement acknowledging the meeting was at 2:26:31 on the video.
Insufficiant financial and comprehensive planning
a. No financial or comprehensive plans for the development of the Stanley Property.
i. Response: The Town Board identified multiple long-term needs for the town. In order to address these needs they initiated a Land Banking approach that would give them the flexibility and assets to meet these needs sometime in the future. Land Banking is a common practice by municipalities where land is purchased as an asset that can be used in a number of ways. It can be developed, sold, or traded by the Town. This purchase is also addressing needs identified in the comprehensive plan of 2020.
b. Streetscape Project for Park Avenue.
i. Response: According to the Town Board minutes of February 23, 2015, this project was developed during Mayor Burke’s tenure. The Town Board at that time was responsible for the hiring of the engineering and construction firms that were responsible for many of the delays experienced. Under Mayor Peterson, new engineering and construction firms were engaged to complete the project. Under Mayor Peterson, Mayor Kudron was one of 6 trustees serving on the Town Board.
c. Initiated reduced parking fees for new development.
i. Response: According to the Town Board minutes of April 11, 2016, the reduction of parking fees for new development was during Mayor Burke’s tenure. While Mayor Burke and Trustee Lewis voted against it, trustees Sabo, Gasner, and Lazi voted for it. Therefore, the ordinance passed. Mayor Kudron was not on the Town Board at the time.
d. Grand Lake Center
i. Response: According to the Town Board minutes of February 9, 2015, the negotiations for the purchase of the Grand Lake Center took place under Mayor Burke’s administration. The purchase was completed on May 18, 2015. Mayor Kudron was not on the Town Board at the time.[3]
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