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Wednesday
Sep142011

ISSUE # 67: pANTs On Fire

 

"I'm upset that you lied to me; I'm upset that from now on I can't believe you." -- Friedrich Nietzsche 

 

"If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie.  It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State."  -- Joseph Goebbels

 

**SAVE THE DATE:  Sunday 9/11, 5 pm

Aspen photographer Andrea Booher was one of two official government photographers at the WTC site from September 12, 2001, until late November that year.  She has just completed a documentary for A&E on her experiences reconnecting with 10 first responders she met there amidst the rescue and recovery efforts.  The 90-minute documentary will be shown as a public event, free of charge, at the Wheeler on the 10th anniversary of 9/11 at 5 pm.  Andrea will additionally have a Q&A following the film.

SOMETHING'S BURNING

Eeeeew. What's that smell?  Could it be the acrid smoke from one of Aspen's medical marijuana dispensaries?  Nope. More like burning khakis. Smoldering jeans. Trousers a'flame.  Pants on fire.

The following recent examples of malfeasance at city hall are mere examples that yet again further illustrate a culture of lies and corruption in our local government.  Aspen's city hall has become a place where truth and transparency do not matter.  City staff has been conditioned to say or do whatever furthers council's agenda.  (Actually, Mick's agenda, but since no one on council stands up to him, they're all complicit.)  This behavior is all that's rewarded. 

 

LIES & THEFT IN THE PARKING DEPARTMENT

In their July 18 edition, the Aspen Daily News asserts to have notified the city that their solar-powered parking meters, designated to collect parking fees 10a-6p Monday through Saturday, continue to accept credit card payments after these hours.  The city, specifically parking director Tim Ware, claimed to know nothing about the problem.  "Nobody's called to complain so we didn't know," Ware told the Daily News.  He also claimed that there is no way to determine how much money has been collected by the city from these unnecessary payments.

 

Tim Ware is a LIAR.  It turns out that Ware and the parking department have known of this problem for 3 years and did nothing to fix it.  Local resident Jena Wright emailed Ware in 2008 specifically on this issue.  He responded, telling her that the issue would be remedied with the next software update later that year.  Once caught in this LIE, Ware, with his tail between his legs, stated, "The program hasn't had a major update in 3 years, which is when the problem was slated to be fixed but was forgotten about.  I didn't catch it.  It's my fault."  Yes indeed it is.  But that Ware LIED when first questioned is reprehensible, dontcha think?!  

 

The city still stands by its stated inability to determine how much money was collected fraudulently.  This is another LIE.  Anyone with a shred of know-how about credit card processing knows that each and every transaction is time and date stamped as a matter of course.  It would be exceedingly easy for the city to determine this amount.  My bet is that they absolutely know it but don't want you to.  It's just easier to LIE.

 

This is nothing more than the city KNOWINGLY turning a blind eye to a flaw in its software that enables it to collect money it is not due from out-of-towners who don't know the rules.  Hey, just let them pay a little more because they can afford it, and besides, they drove their evil cars into town anyway, right?

 

As you can imagine, Tim Ware reports to inept and lazy $170,000-a-year  city manager Steve Barwick, and the two were undoubtedly aware of this financial windfall all along. Barwick, known for his sketchy "off the books" financial deals, once again commits intentional financial fraud.  After all, it's easier to collect from unknowledgeable tourists than to collect the town's own receivables from unpaid parking tickets.  (This figure is cited by parking officials to be in the $250K range, but the former city finance director confirms it was already over $500K when he was there in 2005.)  Ware told the paper, "It's not as bad as you think."  REALLY? This is one more example of the pattern of malfeasance and poor management at city hall.  In fact, I'd call it corruption!  Why does Ware still have a job?  (Why does Barwick? This is simply the latest financial scandal that occurred on his watch!)

 

CITIZENS CRY FOUL

Local Wilbur Rutledge sent a series of humorous and pointed letters to the Aspen Daily News editor on this very issue.  This one is my favorite:  "Just when you thought it couldn't get any better, ticket head Ware gives another half-hearted apology and more excuses for straight-up lying about not knowing about the parking meters taking after-hours charges.  What is more of a priority than stopping what's under your watch from stealing?  To make things more hilarious, the city doesn't know how much it over-collected but the lead article on the same front page documents a local city budget surplus of almost a million freakin dollars.  And icing on the cake?  The last sentence of the article on Ware: '..at least we got Sundays and holidays right.'  Stop while you're behind, buddy."  --  July 25, 2011

 

Daily News columnist Sheldon Fingerman added, "How long have we had paid parking and how many times have you seen someone trying to feed the meters after hours and on Sunday?  And someone is just noticing this?  So, for years, those in power have been clueless, and all they had to do was walk around town and open their eyes.  More than once I've had to tell a tourist there was no need to feed the meter after hours."

 

It is yet to be seen what the city will do to re-program the meters and fix the problem now that they've been caught.  My bet is that they'll do absolutely nothing, at least until the busy and lucrative summer tourist season ends!

 

CARPOOL PASSES:  PARKING DEPT CAUGHT LYING YET AGAIN

Along the same LYING lines, this classic came to me from a down valley commuter who caught the city in yet another parking-related LIE.  It's a classic.  

In March of this year, the city abruptly stopped giving this driver and his family a carpool parking pass because they suddenly "didn't qualify."  (According to the ordinance - Sec 24.16.080 - the city issues daily High Occupancy Vehicle - HOV - parking passes to "vehicles with 3 or more occupants for use on the day of issue only.")  They were suddenly told that since their two high school-age children were not licensed drivers, they did not count as eligible passengers.  The following is a condensed version of the email exchange between the driver and several morons in the city's parking department.  Brace yourself -- it's a doozy!

 

Driver to city:  I do not understand the rules and how they are being applied. From my experience, they are not being applied as written.  After being told that our children are no longer eligible for carpools, I watched the attendant give a carpool pass to a woman alone in her car with an infant in the back seat.  I asked him about it and he said that the rules allow for a single adult in cases when there is a child under 3 in the vehicle.  I have never heard this rule and it is not disclosed either on the pass or on the city website.  Where did this rule come from and who approved it?  It makes no sense whatsoever from a carpool policy perspective to allow this so I question the veracity of what I was told. Furthermore, the passes themselves say that there must be "two (2) adults of driving eligible age" for a pass to be given.  There is nothing about infants on the pass or the city website.  There is nothing about requiring a driver's license of the second adult, only that they be of driver eligible age.  Obviously we would like to regain the right to get a pass with just one of us and one of our children in the car, but if not, that's fine, just please enforce the rules fairly and state clearly what they really are on the pass and the website because according to both, we are indeed eligible.

 

Parking Department to Driver: The intent of the carpool passes is to take another driver off the road, so driving age doesn't really do anything unless they have a driver's license.  As far as the driver with the infant, that was not in the original rules but as an afterthought agreed upon by the city manager's office (Barwick!!) to appease mothers with babies.  I think this is a difficult job to decide who qualifies for a permit but I always try to keep in mind the intent.

 

The Red Ant:  Who hired this moron?  It's the easiest job on earth.  Read the rules.  Issue passes or don't according to them.  Period.

 

Driver to City:  I am afraid that your response is not a legitimate defense of the manner in which these rules and laws are being administered.  As I read the code, it does not say anything about the age of the passengers.  How then can the city administratively modify a law approved by council and modify its intent by reducing from three to two the number of occupants necessary for a permit? The pass itself says "two or more adults of driving eligible age."  This is different from the law that says three people are required and makes no reference to their ages.  "Of driving age" therefore DOES have a lot to do with it.  Seems as though this restriction is directly contrary to the policy intent you stated which is to take potential cars off the road.  In the case of the mom with an infant, the infant is not going to drive itself into the city, so I am at a total loss to see how giving a pass to an individual driver with an infant in the car furthers the policy intent.  Finally, I don't understand why the city manager's office (Barwick!!) is administratively modifying the intent of the municipal code in a manner that restricts its intent without approval of the council.  The city manager should follow the law or get council to defer authority to him so that he can do the arbitrary things he wants.  I would appreciate either an explanation of where my assessment is wrong, or some other understanding of why the policy as currently implemented is proper, or the right to a HOV carpool pass under the terms of the current law.

 

Parking Dept to Driver:  It does bother me that I can't give people the answer they want to hear.  I'm dealing with guidelines and lots of abuse when it comes to free parking.  Everyone is looking for a way to park for free.  I get that.  You are right, the ordinance that states 3 or more people does not require an age, but when it was modified to only 2 people that is when it was decided that it would only apply to adults.  I personally would like to see it fair and consistent to everyone and have some meaning for its intent.  I will share your comments and get back to you next week with more on the carpool pass issue.

 

The Red Ant:  This idiot has a salary and benefits that you pay with your tax dollars!

 

Driver to city:  One more question.  You say the ordinance was "modified," so you mean the council amended the ordinance so the law is different?  If so, can you please send me that ordinance language?  Or do you mean the city manager's office (Barwick!!) changed their administrative rules for following the ordinance?  And again, if so, could you please send me a copy of those administrative rules?

 

Parking Dept to Driver:  You may now receive a carpool permit with your children.

 

The Red Ant:  Hmmm. Makes you wonder how many other honest folks are being gamed by the city and its arbitrary enforcement of the local parking laws.

 

WHEELING AND DEALING WITH THE WHEELER SUBSIDIES

I'm clearly in the mood today to be the aggregator of many city LIES, so I've included the links to two poignant letters to the editor on the subject of the Wheeler Opera House and the money we pay to keep its doors open.  In (very) short, the city would have you believe that the annual subsidy to run the place is in the $200K-$300K range.  This is of course what the papers report. But it's a BIG FAT LIE.  The annual shortfall is in the MILLIONS.  Please take a minute to read Mike Maple's thoughtful letter of July 26 entitled "Wheeler Subsidies Too High," and one that I wrote earlier this summer, "Wheeler Subsidies Are Outrageous."  

 

When Gram Slaton, executive director at The Wheeler says to council, "The best way to make money at the Wheeler is to shut the doors and turn out the lights," it's clear we have a very big problem.  A hard look at The Wheeler and its subsidies has thankfully made the list of Council's top ten priorities for the year.  The truth will now come out, and hopefully big changes will be made!

 

THE GEOTHERMAL EXPERIMENT:  THE CITY IS IN HOT WATER

In another attempt to "go green" with your tax dollars, the city is looking to tap into geothermal energy below the earth's crust right here in Aspen!  No kidding. The guys will be digging a 1000' well on city-owned land along the Roaring Fork River across from Heron Park, beginning in September.  The digging and drilling experiment is expected to last 45 days.  But don't worry, the city is happy to report that the homes closest to the mess are mostly owned by part-time residents!  Despite many questions (like WHY, to begin with), the city has already identified several other in-town drilling sites for future geothermal energy harnessing.

 

Their big hope is that the estimated 100 degree water temps below our surface can be somehow harnessed to provide energy to heat and cool local buildings, and the greenies at the city are elated.  They don't give a whit about the cost, but I do.  The city has already dedicated $150K to the project.  But $50K of that came as a grant from the Colorado Governor's office.  So THAT's free money, right?  HA.

 

(OK, technically this isn't a LIE per se at this stage, but this one has "WARNING" written all over it.  Need I mention the hydro plant to remind you of what happens - and the LIES that are told - when these guys get ginned up on a new green project?? Heads up.  Buyer beware.)

 

AN OFFICIAL COMMENT:  THE PLAN IS A BUNCH OF HOT AIR

An exasperated high level government official (who contacted The Red Ant and approved this reprint under condition of anonymity, for obvious reasons) wrote:

"Here is one more insane city project for you to expose: the geothermal test well that is planned for construction this September.  The city has already budgeted $200K (sic) for this and possibly one more test well to determine if there is enough hot water underground to heat part of or the entire city.  Oh yeah, $50K comes from a grant from the state.  Never mind that state money is our tax money too, and they are broke to begin with.  The first well will be located across Neale Street from Heron Park and right next to the Roaring Fork.  Will the hot water coming from the well, which possibly contains heavy metals, flow right into the river?  Where does the $150K (sic) come from? That's easy, the city water and electric funds.  But does a geothermal project benefit either of these enterprises?  Don't think so.  And most important of all, what if there is plenty of hot water under the city, how much would it cost to construct an infrastructure to harness this resource? 50 or 100 million dollars? Does anyone know?  And would we all have to rebuild the heating systems in each of our homes?  Sure.  So what is the point in going ahead with this test project if we can't afford the final system in the end?  It's another waste of money, risking huge environmental damage to solve the world's energy issues.  Oh really, Mick!"

 

THE RESIDENTIAL TAX: THE TRUTH OF THE MATTER

This same friend went on to write about the proposed 2% tax on private rentals.  (The city continues to LIE about this as well.  The purpose is not at all to "level the playing field" between the lodging community and private property owners who elect to rent their homes as they claim.)  "And I agree with you on the short term rental issue.  This is not just an issue of the city trying to control the property owners and get in their pockets.  It is a rezoning of the entire city's residential zones.  It adds approximately 10,000 bedrooms to the tourist lodging base while the council would not approve one hotel room.  The council is threatening to destroy our community.  The short term rental rezoning has huge unintended ramifications for Aspen.  Don't think it's been thought out at all. And it's so unnecessary."

 

In a guest column on the subject, Phil Verleger adds, "The imposition of the proposed tax will also force some to put their properties on the market. The supply of free market and deed restricted properties will increase. At the same time, buyers will adjust their expectations, offering less because they will fear they cannot capture that additional income from their properties. The consequence will be lower real estate prices. Those who own properties in Aspen will find that buyers are offering even less. Those that are just hanging on will be pushed to sell, accelerating the price decline. Revenues to the Wheeler fund from real estate transfer tax payments will drop. Aspen and Pitkin County will find that assessed valuations are even lower in 2013 than in 2011. Lower assessments mean lower tax revenues. Are you listening Mick?"

Local resident Jerry Bovino added in a recent letter to the editor, "I am not sure why they don't see the natural fall-out from a tax that would discourage homeowner rental, especially on smaller apartments. As regulation and taxation serve to limit the number of one bedroom and two bedroom units in the rental pool, the likely result is that hotels will be able to raise rates, not lower them. To my knowledge, the law of supply and demand hasn't been repealed."

 

The residenital rental tax will come before council this month.  Please continue to write and speak out against this ludicrous idea.  The unintended consequences are terrible!

 

THE LATEST ON HYDRO: A WATERSHED MOMENT

Imploring the city to "do the right thing" and withdraw its conduit exemption application, the Colorado director of American Rivers, Matt Rice, asserted in a recent letter to the editor that they "are not convinced the city is proceeding in the best interest of Castle and Maroon Creeks or the community.  We can no longer work with the city to design a public and open process for permitting the Castle Creek project."

 

In response, petulant city manager Barwick told the Aspen Daily News that Rice and other observers can make as much noise as they want; City Council will act when it is ready.  (Isn't he a gem?)  It seems the city is now backing down on its rhetoric of building the drain line from Thomas Reservior as an "emergency" (now that $3M has been spent on this LIE).  The "new emergency" justification for the hydro plant is to provide power for the Aspen Rec Center (ARC) in times of natural disasters, such as floods and tornadoes.  Supposedly we will all be able to camp out at the ARC when something terrible happens.  Right.

 

Thankfully, The Red Ant has word that a lawsuit against the city is pending.  This will hopefully put an end to the hydro plant once and for all.  (It will surely slam the brakes on the project!) Then we can cut our losses, make some personnel changes and move on.

A CULTURE OF LIES 

All of this adds up to a culture of deception, misinformation and lies. The city's (Barwick's!!) approach to management has filtered through the organization to the point where I don't think staff even considers whether something is truthful before they say it or use it to justify their actions. The only consideration is whether or not it furthers Mick's ends. Truth is not even secondary, it's non-existent.  If they think it will help them, they say it or use it.  And if it doesn't they ignore it.

Aspen's city hall has become a completely unprincipled, souless place. It's a direct result of lousy leadership.  In a small way, I actually feel sorry for Tim Ware because he is just following the direction of his bosses. Nothing else is rewarded.  Of course, that's his choice, so he deserves whatever he gets. Until the head of the beast is severed, this stuff is sure to continue.  No lie. 

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