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Monday
Mar192012

ISSUE #77: FlagrANT Foolishness

"Foolishness is indeed the sister of wickedness." -- Sophocles

"People do not wish to appear foolish; to avoid the appearance of foolishness, they are willing to remain actually fools."  -- Alice Walker 

MICK'S ALL-OUT WAR ON "THE RICH"

He's gonna be a handful for the next 15 months, that's for sure. Lame duck mayor Mick is doggedly working through his "bucket list" of punitive restrictions to secure his legacy. Yes, as the clock ticks down on the term-limited career politician, he is on the brink of becoming an emotional wreck, desperately pushing massive spending projects and lashing out at those whose politics, fortunes and lifestyles differ from his own. His Nastiness is specifically on the warpath against those who desire private residential property in the downtown core.

At the February 27 council meeting, Mick went off on a typical diatribe, this time convincing no one (except for maybe the sycophants at the council table) that 3rd floor penthouse additions to (questionably) historic buildings DO NOT economically finance the redevelopment of the entire property. Yeah, right.  He promised to end such "undesirable behavior" by changing the land use code and  removing "the incentive for doing what you don't want done."  That is, what HE doesn't want done.

Sadly, it's likely to happen. Local architecture firms are working around the clock on re-development plans for downtown buildings whose owners want to get their plans approved before the likely draconian changes to the land use code occur in early April. Property owners, developers and realtors beware.

TORRE'S BIG "NON-EMERGENCY"

Signaling his undying support for Mick's punitive plans to stifle free market development, Torre recently proposed an Emergency Ordinance that would have IMMEDIATELY capped downtown building heights at 32 feet and would have BANNED new free-market condos from the downtown core. (The current land use code allows for buildings as high as 42 feet with 10 additional feet allowed for mechanical stuff and stairwell enclosures.) Wonders never cease: Adam and Derek somehow were not convinced that an emergency ordinance was the way to go, and the ordinance failed in a 3-2 vote. (An emergency ordinance needs 4 votes to advance.) It would have been nice if these two had simply cited Aspen's Home Rule Charter (Article IV, Section 4.11) on emergency ordinances. Or, god forbid, ask the city attorney for the definition: "Emergency Ordinances for the preservation of public property, health, peace or safety shall be approved only by the unanimous vote of council members present or a vote of four (4) council members, whichever is less." So, tell me, where is this "public property" in Mick's and Torre's problem(s) with this issue? Health? Peace? Safety? It was all a sham, and they hoped Adam and Derek would be unknowlingly and unwittingly goaded into voting for it. But just when it looked like we have some thinkers after all, Adam stated, "We have a third-floor problem in this community." What???

Again, safe for now, but it's a very short "now."  A 3-2 vote will be a "win" for the bad guys come April when they present it again through proper channels.  We'll have to come up with a good moniker for the legislation.  Something like: SMT for Scr*wed My Town, or TSM for Terrible Socialist Method -- the 3 letters representing Torre, Steve and Mick who are the drivers of such ridiculous and punitive (and inevitable) legislation.  (It's right up there with banning residents for race, religion or sexual orientation.  This time though, it's just because the people they wish to ban actually HAVE money!)

AN UP-DOWN VOTE ON THE HYDRO PLANT IN NOVEMBER!

Victory! As predicted, council opted to ignore the recent petition's demand for a spring special election, but they did rescind Ordinance 30. Best of all, they have committed to an up/down vote on the hydro plant in November. THIS is GREAT news. That is, aside from the fact that the city clerk will write the ballot language. (No doubt this will be a convoluted mess of yes-means-no and no-means-yes gobbledy-gook, intended to confuse the voters.) But I am especially pleased that the city CANNOT BY LAW expend public funds in its advocacy of the issue. They'll call in the "surrogates" to tout the disastrous project, but the project's opposition is certain to organize (soon) and begin fundraising and campaigning. It's nice when the local environmentalists, fiscal hawks, national environmental organizations, neighbors, good public policy advocates and 953 citizens agree on one thing: the hydro plant must be stopped!  More to follow.

AACP ADOPTED DESPITE BEING BEYOND BAD

Four years and over $500K of your money later, the latest shameful chapter of bad leadership and even worse legislation continues with council's recent approval of the long overdue Aspen Area Community Plan (AACP). While not a "regulatory" document per se, this decade's version presents "aspirational goals" for the community that allegedly reflect the desires of the community itself. (Never mind that much of the data collected by the planning and zoning folks who crafted the missive was tossed out when it didn't match THEIR goals for the community.) The final document is sure to keep the city's 300 employees gainfully employed while they strive to create programs that address the fulfillment of such "aspirations" as "providing accessible and affordable health and dental care for residents" and "possible amendments to the city and county codes to include review criteria for self-reliance, health and safety issues" (in other words, the creation of a fee or other methods to off-set the health-related effects of development). No, I am NOT making this up! These, and other such "philosophies," will provide decision-making "guidance" for the remainder of the decade. Good grief.

Just how did this thing pass? In a UNANIMOUS vote, the 103-page document was passed despite a lack of support by council. Huh? (Good question.) Yep, the guys were just worn down by the process. Adam Frisch notably told the Aspen Daily News, "Every time I see the word 'jobs' in here, something negative is associated with that, and I think that's horrible." Ya think? Then why on earth did you vote to approve it, Adam?

Even the city planner who spear-headed the AACP process told council, "Nobody is 100% happy with it, including staff, including the planning commissions, including you, but I think that it's a good reflection of the community discussion, the community dialog that we had on these very important issues." The Red Ant is simply aghast.

(While everything in the AACP is advisory, actual policy changes can be enacted separately by a majority vote of council. Fun times ahead....)

BURLINGAME 2: THE NIGHTMARE BEGINS

It just sickens me to write this. The city apparently had an extra $9M lying around in the housing fund so they decided to spend it on "infrastructure" for Burlingame phase 2. Here it comes. The deciding factor to move forward? 67 people have qualified with APCHA and have mortgage pre-approvals. Yep, 67 people. No commitments, no down payments, no non-refundable deposits. How this community will pay for the $100M project is beyond me and the city is staying mum.

I've acquired the list of those 67 names. It will be interesting to see how many (if any) of these folks actually close on a unit at Burlingame 2 once it's built! A quick glance at the list identifies numerous folks who already live in subsidized housing elsewhere. That's the game - when the community kicks down for new units, those in the system just move into the new places. The whole thing is a complete joke. There are currently numerous units at Burlingame for sale, not to mention throughout the APCHA portfolio - enough to fill 2/3 page in the Wednesday paper every week! Even the Burlingame 1 condo association president spoke out against the city's construction "green light," pointing out that the unsold units in the first phase indicate a lack of demand for more housing there. Council didn't care. Torre even went so far as to suggest that we raise the subsidy to fill the new units! Those who ignore history are destined to repeat it.

** THE "YOU CAN'T MAKE IT UP" FILE

The tax man commeth.  In November.  Tin cups are rattling throughout the town: 

  • Our 21-year-old library is hoping to put a $5M general obligation bond on the ballot for a 7,000 sf expansion; they've been talking about it for years and the county has already spent over $500K on plans and consultants.  Most of the new space will be public meeting rooms, and the children's area will be "revamped." Apparently our local "book warehouse" needs to be more of a "community hub," according to the librarian and a fancy international library consultant.  The library currently has an existing $5.3M endowment, but the consultant says that's not enough.  The planned $10+M project needs more money -- from your property taxes.  Really? How about an old-fashioned capital campaign?
  • The Aspen School District expects a $700K deficit next year and twice that in years to come.  That is not good.  But is a 0.5% sales tax, expected to raise $2.5M annually for the schools, the best answer?  Looking at all the money that city hall has stashed in various superflous "funds," wouldn't you think that as a community we could look at re-allocating some existing taxes (or other revenue streams to the city) to our schools?  How about the 1.5% Real Estate Transfer Tax (RETT)?  We certainly don't need any more subsidized housing and the Wheeler has a gold mine in its endowment -- how about re-allocating the RETT money (or at least some of it) to the Aspen School District for 5 or 10 years?  We could set it up so that it grandfathers back to its original purpose unless made permanent.  Now THERE'S some money that would REALLY help our schools -- and it's money that would not be missed!  Let's get smart about this, folks! THAT's one issue I'd like to see on the November ballot!!!
  • Council is looking at numerous spendy projects that may or may not necessitate new taxes.  It's still early and unclear.  Heads up for: a Rubey Park (bus station) "overhaul" so that it becomes a "better place to hang out," a "friendly walking corridor" that links the library to Rubey Park, and yes, the Main Street median concept raises its ugly head again.

 Like I said, you can't make this stuff up!

GET YOUR $50 FOOD TAX REFUND - DON'T FORGET!

HERE's the form. Simply fill it out and send it in by April 16!

Just think, when you get that $50 refund check in the mail, you can turn around and make a donation. Me? I'm giving my $50 food tax refund to local stream-protection non-profit Saving Our Streams.

It's a win-win: a tax-deductible donation for me and a contribution to the group that is fighting to protect the Aspen-area streams that are threatened by the city's ill-conceived hydro plant.

 Saving Our Streams    PO Box 4135   Aspen, CO 81612  www.SavingOurStreams.com

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