ISSUE #80: ANT Alert - BOCC Primary Election

"I have come to the conclusion that politics is too serious a matter to be left to the politicians."

                         -- Charles de Gaulle 

ANOTHER ELECTION!

Yes, it's election time again!  In election-happy Aspen and Pitkin County, it seems we continually go to the polls.  This is actually a very good thing -- we're continually making changes!  Please mark down the date June 26 and plan to vote. As you've come to expect from The Red Ant, here's the scoop:

Three seats on the 5-seat Board of County Commissioners (BOCC) are up for grabs.  Well, sort of.  Technically, one is up for grabs and two are just up.  In District 3, Michael Owsley is running unopposed for his third stint on the board.  Same with George Newman, who hails from District 5.  He'll slide right in to his second term.  (You know how I feel about uncontested elections, but I digress....)

District 4 is another story.  Current BOCC member Jack Hatfield is out due to term limits and the race is on.  Not unlike the District 1 race 18 months ago (that Rob Ittner won), this race has 4 candidates running in a June 26 primary, with the top two vote-getters moving forward to a run-off on election day, November 6, 2012.

Regardless of where you live in the County, everyone can vote for the District 4 Commissioner seat.  There hasn't been much local press to-date about this election, and because those who receive mail-in ballots will be receiving these within a couple of days, The Red Ant felt it vitally important to provide a snap-shot of the race, including, of course, my endorsement.  (If you are not voting via mail-in ballot, please print this issue and take it with you to the polls!)

THE CANDIDATES
Many thanks to all four candidates who took the time to submit their platforms and candidate information to The Red Ant.  Please feel free to contact them directly with your specific questions.

 STEVE CHILD

This long-time local and lifelong rancher calls himself a pragmatic environmentalist and land steward who is patient and a good listener while also being both stubborn and gentle.  Childs cites 3 "core values" as filters through which his decisions will flow:
1)  Protection of the Environment:  Wilderness designation and protection, Protection of farm and ranch land, Protection of water resources, Clean air, Cooperation with federal and state agencies
2) Sustainability of Community and Business:  Managed growth, Quality development, Stable business environment, Fair and objective land use decisions, Cooperation with other local governments, Employee and senior housing, Support for health and human services
3)  Energy Policy to Counteract Global Climate Change:  Strive for carbon neutral development, Collaboration with other governments, businesses and non-profits to work toward a renewable energy economy, Strive to end burning of fossil fuels, Promote conservation measures and renewable energy sources, Adapt to changing climate

Regarding the Airport Master Plan, Steve feels the current terminal is inadequate and a new terminal will be less expensive than a remodel of the existing facility, preferably in the area east of the existing terminal.  We don't need an 80,000 sf facility, rather, build a smaller, single-story facility with no underground parking, and put any additional FBO operations on the east side of the airport to maintain the natural/scenic backdrop on the west side.  A Library Expansion would make our current facility more functional, but let's utilize carbon neutral heating and cooling systems there.  Veloci-RFTA and its CNG buses are a good stepping stone to a renewable energy-fueled fleet.  He favors the Wexner Land Exchange because it's good for the wildlife and those who enjoy recreation, but opposes the Saltonstall Ranch acquisition, preferring to see the land in the hands of someone who will continue to ranch it.            Contact: evets.child@juno.com

DARRYL GROB

An Army  combat veteran who served in the Central Highlands of Viet Nam (1969), Darryl Grob is a long-time local who held numerous positions with the Aspen Volunteer Fire Department for 32 years, including as captain, training officer, ass't fire chief and was elected as the department's first full-time fire chief in 1995.  In his career, he built 4 new fire stations in the 87 sq miles of the Aspen Fire Protection District, served on the Pitkin County Public Safety Council for 15 years, was appointed by the governor two times to the Colorado Division of Fire Safety advisory board, and served on the boards of Pitkin 911 and the Combined Communication Center, as well as the Aspen Historical Society.  He currently works for the City of Aspen as a wildfire mitigation project manager and volunteers with the PitkinCounty sheriff's office of emergency management.            Contact: darrylgaa@comcast.net

www. Grob4BOCC.com

JOHN WILKINSON

As a current Snowmass Village Town Councilman, Wilkinson has a track record of fiscally conservative decisions, cutting the town's budgets by approximately 15% in 2008 in anticipation of a dramatic downturn in both property and sales taxes.  This, plus several layoffs, kept the budgets balanced and prevented the use of reserve funds or the need for tax increases.  His priorities for the County include:               

1)  Live within our means by keeping the County budgets in line with the current tax base

2)  Complete RFTA's Bus Rapid Transit program (providing a mass transit system between Aspen and Glenwood Springs) by 2013

3)  Expand the library in order to repurpose the facility to accommodate the changing needs of our community, including public meeting rooms and early childhood reading programs

4)  Open Space and Trails:  As a past member of the Colorado Trails Committee and Snowmass Village trails committee, it is important to keeping working to preserve both open space and wildlife habitat.  

5)  Subsidized housing:  Rather than continuing to acquire and build new housing, create an incentive program to encourage "right-sizing" for empty-nesters

6)  Airport expansion:  We need a change to maximize efficiencies, but not a massive new building.

Contact: johnwilk@bikerider.com           www.Wilkinson4Pitkin.org                   

JOHN B. YOUNG

The former trails director, assistant airport manager and County road and bridge director was also the first town manager of Snowmass Village.  He successfully parlayed these experiences into a successful private land use consulting business, participating in public and private projects in ParkCity, Aspen, Snowmass Village, Vail, Crested Butte, Telluride, Carbondale, and currently, Tusayan (Grand Canyon), AZ.  

Young's priorities for PitkinCounty include:
1)  Land Use and Water:  Protect our resources from outside pressures.
2)  Airport and Tourism:  Tourism drives our economy and the airport is our gateway.  Our terminal needs an upgrade fitted for our size, not the region's.  
3)  Energy Independence:  Energy efficiency is essential to our way of life, but this does not mean "green energy at any cost."

4)  Public Safety:  In this dry year, protecting our citizens is of paramount importance.  Doubling our precautionary measures is necessary.

5)  Small Project Stimulus:  Energy efficient and small scale remodeling projects should be granted immediate priority in the planning and building offices in order to spur employment of our local construction workforce.

6)  Affordable Housing:  The system needs to be revisited so that our inventory matches our needs

Contact at jyoung@sopris.net

THE RED ANT ENDORSEMENT 
 My interest in this election is not on the "good guy" traits of the candidates. (For the record, they're all "good guys.")
 

I have looked at this race through one prism and one prism only:  Who is the candidate who can best compliment Rob Ittner on the BOCC?  We need another rational, pragmatic and thoughtful business professional who can quickly grasp the complex and diverse issues that come before the board, evaluate them for necessity, appropriateness, and cost vs benefit, and act with a critical eye toward fiscal responsibility.  This individual will be a good steward of the public's trust, patiently listen to and respectfully communicate with fellow commissioners and constituents alike, and be able to build consensus amidst the complicated challenges facing our unique community.
 

In short, that candidate is John Young.  
 

John's land use experience in both the public and private sectors ideally positions him to understand and immediately contribute to addressing the complex and pressing growth/development questions that face our community, such as the airport master plan (and potential expansion), the "West of Castle Creek Corridor" (gateway at Buttermilk), complex open space "land swaps," the future of our subsidized housing program, and decisions impacting the Roaring Fork watershed, to name just a few.  He has already faced numerous and varied land use issues in Pitkin County as well as in other communities, and would come to the table with a wealth of ideas and experiences, (like knowing how to navigate the bureaucracy) not to mention a track record of successful projects executed with fiscal restraint and responsibility.

Incidentally, John is no political neophyte.  He is currently serving his third elected term on the board of the Basalt and Rural Fire District, and was narrowly defeated by Jack Hatfield in 2008 when Hatfield was re-elected to the BOCC for his third and final term.  

2012 is John's year.  The Red Ant says, "Vote for John Young for BOCC!"

IMPORTANT VOTING INFORMATION: THINGS HAVE CHANGED!

Voter Registration Deadline: May 29 (Sorry, I can only do so much!)

Mail-in Ballots Sent Out: June 4

Last Day to Request a Mail-in Ballot: June 19

Last Day to Request a Mail-in Ballot and Pick it Up @ Clerk's Office: June 22

Postage on Mail-in Ballots:  65 cents!!

Mail-in Ballot Receipt Deadline: June 26 @ 7p (postmarks don't count)

Early Voting: June 18-22 from 8:30a-4:30p @ Plaza 1 (BOCC meeting room) 530 E. Main Street

Election Day: polls* are open from 7a-7p

* Polling Places:  The County's precinct boundaries and polling places have changed as a result of redistricting following the 2010 census!  The changes are not drastic but several precincts have new regular polling places for 2012 and future election cycles.

If your precinct or polling place has changed, the County will be mailing you a letter about this, but I'll fill you in as well:

Precinct 1: Rio Grande Meeting Room, 455 Rio Grande Place
Precinct 2: (NEW) Red Brick, 110 E. Hallam Street -- No longer St Mary's Church
Precinct 3: (NEW) Rio Grande Meeting Room, 455 Rio Grande Place
Precinct 4: (NEW) Red Brick, 110 E. Hallam Street -- No longer Crossroads Church
Precinct 5:  Health & Human Services Building, 0405 Castle Creek Rd
Precinct 6: Snowmass Village Town Hall, 130 Kearns Road
Precinct 7: Colorado Mountain College, ABC Campus, 255 Sage Way
Precinct 8: Old Snowmass Fire Station, 1909 Snowmass Creek Road
Precinct 9: St Peter's Episcopal Church, 200 Elk Run Dr, Basalt
Precinct 10: Church at Redstone, 213 Redstone Blvd

If you are unsure of your precinct, please go to www.GoVoteColorado.com and look it up.

VOTE!!  Remember how hard we worked to get Rob Ittner elected to the BOCC in 2010?  This is an equally important election!  Get thee to the polls!

THE "YOU CAN'T MAKE IT UP" FILE

How much did current BOCC member George Newman NOT want to wage a re-election campaign?  The Red Ant has learned that literally one minute after the candidate registration deadline, Newman phoned the clerk's office to see if he would actually have to campaign!  One minute.  Puh-lease.  This is exactly why The Red Ant loathes uncontested elections.  For elected roles such as a seat on the BOCC, even (especially!!!) incumbents should have to get out there and campaign every 4 years!!

ISSUE #79: ANTidisestablishmentarianism

"... as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others."  

-- Marianne Williamson, from the Aspen High School Class of 2012 Baccalaureate Service program, May 20, 2012

Part of taking a foreign vacation is cutting ties with home and getting away from it all, especially when crossing the international dateline and waking up 14 hours ahead of Aspen time. But springtime and off-season in Aspen predictably enable governmental nonsense and shenanigans at City Hall, and spring 2012 has been no different. But it was somewhat amusing, a wee bit frightening and certainly ironic, amidst Politburo member Bo Xilai's corruption scandal and political activist Chen Guangcheng's "asylum" mess, to be checking in on our very own People's Republic over the internet from China, the communist motherland. SPEAKING TRUTH TO POWER There's a notable new wave of public activism alight in our midst, and frankly, The Red Ant is elated. Citizens from Aspen and throughout the Roaring Fork Valley have organized, formed coalitions, and articulately expressed their views on a variety of perceived concerns, injustices and/or governmental over-reach to encouraging levels of publicity and outright success. This is a promising trend on many levels. An American's right to disagree with, speak out against and petition the government is a Constitutional right, protected by the 1st amendment. In the close quarters of our small community, this right has long been suppressed by intimidation and fear of all-too-real reprisals. The chutzpah of the following "activists" is to be commended, regardless of your stance on their missions. (And authors of letters to the editor are to be equally championed.) Speaking truth to power is necessary and highly valuable to our democracy. To those of you involved, welcome to the neighborhood. I've been looking forward to your arrival! Geothermal Drilling Project: Neighbors of the Prokter Open Space parking lot across from Herron Park have received yet another reprieve from the city's large and loud geothermal drilling experiment. It seems the California-based contractor could not get here in time to continue and complete drilling beyond the 1000 feet they reached last fall without finding water. The neighbors voiced concerns over an industrial drilling site in their front yards during high-season, forcing council to put a May 25 stop-work deadline on the experiment. Look for the drilling to commence in the fall, however. (Remember, this is Aspen, and it's green energy at any cost.) Friends of Rivers and Renewables (FORR): Local filmmaker and environmentalist Chelsea Congdon Brundige has teamed up with Public Council of the Rockies' Tim McFlynn to form Friends of Rivers and Renewables (FORR) on the heels of the heated debate surrounding the city's controversial hydro plant on Castle Creek. But the organization is not focused on one specific issue. Rather, its intent is to "change the culture of our relationship with water" by working with communities to "ensure that the projects (they) pursue are developed with minimal harm to local freshwater ecosystems." Initially, FORR plans to install a comprehensive system of gauges on Roaring Fork streams to measure water levels in order to better understand their health, according to McFlynn. While FORR does not plan to weigh in on Aspen's Castle Creek Energy Center, the organization believes a balance between smart hydropower and the protection of riparian habitats is indeed possible. It is, however, not sure if the city's hydro plant can achieve that goal. Airport Expansion: Cliff Runge, former manager of the airport's fixed-base operator, has formed a group named "Citizens for Responsible Airport Development" in response to the county's requirement (by the FAA) to update its master plan for the airport. The group's concerns are several proposed ideas for the plan including an enlarged passenger terminal, the development of the west side (Owl Creek Road) of the airport for private aviation operations, and a multi-level parking structure, among others. The discussion has gained traction due to the ongoing print advertising by Runge's group as well as the County, which is offering "behind the scenes" tours, austensibly to provide a framework for the master plan. Plastic Bag Ban Overturned at the Polls in Basalt: Earlier this year, Basalt's "Green Team," comprised of residents and elected officials, promoted a ban on both plastic and paper grocery bags. Basalt's council supported the effort with an ordinance to institute a 20-cent fee (tax?) on both types of bags, slated to go into effect on May 1. But citizen and bag-ban opponent Ron Chorbajian saw the decision as "government overreach." He organized a petition drive and collected the necessary signatures to get the issue onto the April 4 ballot. In the meantime, the council modified the ordinance to echo Aspen's bag ban (no plastic, 20-cent fee on paper), but Basalt voters rejected this at the polls. Chorbajian said "winning made him feel good about the democratic process." As it should Ron, as it should. Don't forget the "Hydro" Petition in Aspen: Locals Ward Hauenstein and Maurice Emmer beat crazy odds when their effort to collect 600 voter signatures yielded 953, all collected over a 2-week period during the busy Aspen holidays. The result was that, for fear of a special election, council rescinded the ordinance that re-zoned part of the Marolt Open Space for industrial (hydro plant) use. Sadly, yet realistically, all council has to do is pass another identical ordinance on a whim in the future to get that industrial zoning back. What DID occur was that council made a commitment to place a "hydro" question on the upcoming November ballot. Effort organizers are not convinced however that council will write an up/down binding question on whether to continue building and spending millions on the hydro plant. In my opinion, they'll simply ask a vague and advisory question, and ignore the result. The hydro chapter is far from over, but the petition effort spoke loudly. ANOTHER TAXPAYER-FUNDED BOONDOGGLE FOR MICK Mick's abuse of power and council's fear of stopping him has netted him yet another taxpayer-funded vacation. It worked last year, so he did it again. Mick just spent your tax dollars (amount t.b.d., it was just last week) on an off-season junket to California to see the Tour of California professional bike race in person. Technically, he really didn't ask; he simply announced his plans. That's how much control he has over the other 4 yes-men at the council table with him. His justification for the trip? Officials from the police and special events staffs went on a similar fact-finding trip last year for the USA Pro Cycling Challenge (which returns to Aspen for year #2 in August), but Mick wasn't there. "It's always best to check the facts out for yourself and go to the scene," Mick told the Daily News. Somehow his desire to know how other communities "pay for" similar events warranted a personal trip by our mayor. How about an email? The Red Ant recently received a note from a frustrated subscriber who pointed out that "the Tour of California is in May, after Aspen's (2012) plans are already set. And Mick's term ends next June, before the 2013 race in Colorado. Even if the race stops in Aspen next year, his term will be up (and he will be gone). How is the city going to benefit from Mick's newly acquired wisdom?" The answer: It won't. Are you kidding? ASPEN TAPS YOU FOR FILTERED WATER Our local greenies have gone "limousine" on us. Look for 3 new public "filtered-water" stations in town this summer. Installations at the municipal golf course, Francis Whitaker Park and Koch Lumber Park will join last year's stations at Wagner Park, Conner Park next to city hall and at the skate park near the Rio Grande Trail. The "Aspen Tap Program" is designed to "wean residents and visitors off water sold commercially in plastic bottles made from oil products," according to the city's environmental health department. This year's 3 installations come at a cost of $44,600. "Aspen Tap" is a pretty lame name for the program. After all, the stations don't provide "tap" water at all, rather filtered water for our persnickety greens. What ever happened to good old-fashioned drinking fountains? The funds for this folly come out of the city's "water department enterprise fund," yet another bucket of cash the city dips into to indulge its wacky ideas. This is the fund into which all water utility service fees are deposited and out of which all operating and capital improvement costs of the water are supposed to come. And it's also the source for the millions of dollars of cost-overruns incurred by the city on the ill-conceived and mismanaged construction of the yet-to-be-federally-approved hydro plant on Castle Creek. In 2012, the city plans to spend about $3M more than they take in. They've been burning cash from this fund for quite a while. At the end of 2008, the cash balance was $9.6M and in 2009 it was $9.9M. Since then, the balance has been sliding downward to $7.9M in 2010 and further to $6.8M last year. The budgeted balance for 2012 is $3.8M. We clearly have too much "funny money" in slush funds at city hall - an endless supply of slush from what they see as an endless supply of other people's money. And to think, they are looking at raising water rates yet again.

VELOCI-RFTA & THE NATURAL GAS HYPOCRISY Public transportation advocates (read: our local government) are caught between a rock and a hard place ("fracking" pun intended) in their attempts to balance their enthusiasm for environmentally friendly natural gas-powered buses in the Roaring Fork Transit Authority (RFTA) fleet with utter disdain for Compressed Natural Gas (CNG) drilling in general. In the Roaring Fork Valley, the green light is on for a revolution in local bus transportation. The $46.4 million "Veloci-RFTA" project broke ground recently, and by September 2013, will offer bus riders from South Glenwood Springs to Aspen a bevy of new conveniences, including warm, dry bus stations with WiFi, bathrooms and public art, electronic ticketing and real-time bus arrival information. The Federal Transportation Administration kicked in $25 million for the project, and a year ago, voters in Pitkin County (and other RFTA jurisdictions) approved bonds to cover the balance. Ugh. But the crazy part is, the 18 new buses will run on compressed natural gas (CNG). This has our local greenies in a tailspin. On one hand, CNG is far less expensive than diesel fuel and far better for the environment, but locally, there is a huge brou-ha-ha over CNG drilling leases in the Thompson Divide area near Carbondale. Greenies can be NIMBYs too; they want the benefits of a smaller carbon footprint by RFTA of course, but don't want the "cost" of nearby CNG drilling nor any indication of their support for CNG drilling anywhere. Leave it to Aspen's environmental initiatives manager to tell the RFTA board, "My concern is seeing environmental benefits erased in the name of cost savings." Typical. Note how she neglects to acknowledge the (significant and obvious) "environmental benefits" of switching from diesel fuel to CNG! Can't have it both ways, folks! Some would call it hypocrisy, but in Aspen, remember, it's always "green" at ANY cost! (Note: The CNG-powered buses have been ordered.) ASPEN SCHOOLS: A TAXING DILEMMA There's a quick way to "fix" the local school district's funding problems. And - surprise - it does not involve yet another tax for a change! (The Aspen School District has received voter approval for many bond measures and mill-levy increases in recent years. The community loves its schools but is sick of getting taxed and taxed again.) I have a solution. It will take some elbow grease, but collecting approximately 1500 signatures at the Saturday Market this summer is certainly not a tall order. There is no question that the school district faces future budget cuts and the Aspen Education Foundation (AEF) is actively looking at viable solutions to the inevitable financial shortfalls. To ask voters for a 0.35 percent sales tax increase on retail sales within the school district boundaries is simply taking the easy way out. And taxpayers might just reject another tax increase, regardless of the beneficiary, especially when they learn that there was better option presented. Instead, The Red Ant has presented and is championing a "reallocation" of one-third of the existing Real Estate Transfer Tax (RETT) revenue that currently goes to the Wheeler Opera House. Sitting on a nearly $30 million endowment built up by the RETT, the Wheeler has no upcoming development plans, and still receives $1.5+ million in operating subsidies (and counting) from the city every year. This won't change. To "relieve" the Wheeler of its RETT revenue for the next 5-10 years (at which point the reallocation would revert back unless extended by the voters) in favor of the Aspen schools is certainly a viable proposition. And voters will surely prefer the reallocation of an existing tax to a new one! I encourage the Aspen Education Foundation to actively pursue this route instead of a sales tax increase. My early indicators (through the grapevine) are extremely favorable in terms of voter approval. But there is one sticking point. AEF leaders met recently with mayor Mick and his sidekick Torre to see about putting such a measure on the November ballot. Both said no. (Ya think?) Mick of course expressed his support for an increased sales tax, however. But this is not the end. AEF must realize that with a little work and some boots on the ground, they can circulate a citizens' petition and get their "reallocation" measure on the November ballot. Let's hope they do. AEF: please don't simply take the "easy way" out and ask for a sales tax increase with such a solid solution close by!  Check with hydro petition leaders Ward Hauenstein and Maurice Emmer! It's really not that hard! COMPARED TO WHAT? A big shout-out to Aspen High School, recently ranked #1 in Colorado and 59th nationally by US News and World Report. This incredible recognition is for our local students, educators and frankly, the taxpayers who foot the bill. As columnist Roger Marolt recently noted, this award benefits property owners in Aspen as well, due to a "substantially large" non-linear relationship between real property owners and school quality. To quote Marolt, "Cha-ching!" But before we let such an accolade go to our heads, and perhaps lead us to justify and blindly support any and all new taxes to support the schools, there are some important thoughts on the newsmagazine's methodology for bestowing this honor. (I do not mean to diminish this recognition in any way, but want to acknowledge several determining criteria for this exceptional ranking.) Please take a moment to read this week's column by Paul Menter entitled "We're Number One." The former city finance director and father of two graduating seniors at Aspen High (congratulations Jordan and Alex!) thoughtfully examines the news weekly's three-step process that sent Aspen to the top of the class. In short, Aspen High, based on its 2010 CSAP test scores (step 1), ranks 17th in math and 12th in reading out of the 40 Colorado high schools considered in the ranking. Step 2 measured the performance of its "least advantaged" students, reported by Aspen as "N/A." The strength of Aspen's Advanced Placement (AP) and International Baccalaureate (IB) participation and passing rates served to generate a "college readiness" measure (step 3). This is clearly what put Aspen on top. Keep up the great work, Aspen. But rest not on your laurels. As Menter concludes, "In education, it's not about how a newsmagazine compares you to thousands of other schools, it's about how successful you are in helping students achieve individual academic success." MY RIDDICU-LIST: THE "YOU CAN'T MAKE IT UP" FILE The latest installment of complete buffoonery at City Hall was the transportation department's April 11 "free beginner cycling class." No, this class was not a primer on how to conserve gears for your ride to the Bells, nor was it a valuable lesson on how to change a tire. Rather, it was "an effort to inspire people to commute via bicycle," including a "refresher" on "rules of the road and basic cycling skills." Puh-lease.   I was airborne over the Pacific during this nutty event, so sadly, I cannot comment firsthand, but to have observed our municipal employees teaching the merits of "bunny hopping over curbs, balance and turning tight corners" to Aspen's biking-uninitiated in hopes of turning them into bicycle commuters would surely have been a sight. Ahh the lengths our government will go in their (mayoral-driven) efforts to eliminate cars in Aspen. IN THE BREEZE: LOCAL TOPICS BLOWING AROUND Galena Street: Will Mick's hatred of cars (and their owners) be the impetus for closing Galena Street to traffic and paving it over in red bricks just like the Cooper Street and Hyman Avenue malls? He's lobbying hard for it. 3rd Story Variances: The city's online "open city hall" feature on its website is a complete joke. Asking citizens to weigh in on what they would like to see as 3rd floor additions in the downtown core is a gratuitous exercise at best. Nobody at city hall cares. Mick has already said he wants to ban condos and free market residences, and limit third floors to tourist lodging, retail space and other "local serving" businesses. And as you know, what Mick wants, Mick gets. Don't waste your time. Airport Master Plan: Get informed. I've read the papers and the ads. I also took a "behind the scenes" tour. Trust me, I learned A LOT. No propaganda. I'll share my thoughts and opinions in an upcoming issue. Like everything else in this community, it helps to get personally informed. Go see what we have (it's pretty incredible). It will surely help frame what we need, and perhaps what we want. Take a tour. Call 429-2852.

ISSUE #78: Get Me An ANTacid!

"Government is not reason, nor eloquence.  It is force.  And like fire, it is a dangerous servant and a fearsome master."         -- George Washington

"The sheep are happier of themselves than under the care of wolves."      -- Thomas Jefferson

BIG BROTHER AND YOUR VACATION RENTALS  

Ever rent your Aspen home? Ever think about it? Well, think again. In the latest chapter of government over-reach and the war on private property, council just passed Ordinance 34 ostensibly because said ordinance "furthers and is necessary for the promotion of public health, safety and welfare." What?? The city will now regulate "vacation rentals," defined as "the short term occupancy of a residential dwelling unit by the general public for a fee." This "regulation" mandates that anyone who wishes to rent out his/her private property must now obtain an annual business license ($150) and apply for a vacation rental permit. A local owner representative (read: paid property manager) must be "on call" during the duration of each and every rental. Vacation rentals are also required to collect and remit all applicable sales and lodging taxes. And yes, the community development department will be conducting periodic audits to ensure compliance.

How did this come about? Allegedly, the requirement to pay these taxes has been on the books since the early 90's, although no one seems to have been made aware of it. And it seems that there are several "rogue" properties in town where renters disobey trash procedures, parking rules and are neighborhood nuisances. (There have been five, yes five, complaints over the past four years.) Staff originally proposed limiting the number of times a property could be rented, depending on its location. Councilman Adam Frisch hit the nail on the head, calling this "a solution in search of a problem," although he did in the end vote in favor of the ordinance. Go figure.

Instead of addressing how to deal with problem rentals, the answer was to regulate and monitor ALL rentals of ALL private properties. Staff and other city resources are not capable nor desirous of dealing with neighbor complaints about the behaviors of renters; early discussions speculate that the city will not "enforce private covenants" by dealing with scofflaws.  It's all about squeezing the local private property owner - simply because they can. Imagine the new city bureaucracy that will be needed to track down and monitor the hundreds of private vacation rentals each year! It will surely cost far more to administer than the $100,000 it is expected to bring in. 

The following is an articulate letter written to the paper by local resident Maurice Emmer on the subject. I whole-heartedly agree with his list of the unforeseen yet inevitable consequences of the ordinance:

Dear Editor:
According to the papers, Aspen City Council is considering new restrictions on short-term rentals within residential areas of Aspen. I think the promoters of any government regulation should have to satisfy a very high standard of compelling need for the regulation to advance an urgent public policy. Otherwise, we reach a place (we probably have surpassed that place) where people feel government is there to suppress rather than to protect them. I am unaware of any compelling need or public policy urgency in this case. Because I understand the basic, unavoidable laws of economics (i.e., human behavior); however, I can predict some of the inevitable consequences of such restrictions, including:

1. Real estate values in the residential areas of Aspen will be reduced marginally (the fewer potential uses for property, the lower the value), and values will increase marginally outside the city limits, especially in areas closest to town.

2. Restricting the supply of short-term rentals in Aspen will increase the prices of such rentals, driving some business outside the city limits and even to other resort destinations.

3. More homeowners in the residential areas of Aspen suddenly will find they have more "guests" from out of town rather than formal renters. (Additional legal restrictions invite additional scofflaws.)

4. The city will have to choose between (a) spending additional resources on rental police to enforce the restrictions, intruding further into people's personal business, or (b) ignoring rampant disregard for the law.

5. Future potential purchasers of property will have another negative factor to consider when weighing a purchase in Aspen vs. elsewhere.

If City Council believes the above inevitable consequences of rental restrictions are in the best interests of Aspen, they definitely should support the tightest restrictions they can possibly think of.

This, folks, is what happens when we elect a government comprised of 4/5 subsidized housing dwellers. (Only councilman Adam Frisch owns a free market home.) The four, desirous of leveling the playing field at every turn, cannot rent out their deed-restricted subsidized housing for extra cash, so they want to make it cumbersome for you to do it. It's only FAIR, right? Good grief.

DOWNTOWN DOWN-ZONED

Hate to say "I told ya so," but as predicted, council passed a two-story height limit for downtown construction in a special meeting on Monday night. The mayor ignored staff's suggestions and presented a package of amendments that HE preferred, stating that staff's recommendations did not go far enough. Also banned are single-family homes and duplexes, but condos will be considered if enough subsidized housing is provided to soften the deal. The mayor hates the free market, and deems re-development projects that include high-end residential on the third floor "penthouses on stilts" because these buildings "drive up real estate prices and out-compete more modest and desired restaurant and retail businesses."

When a senior SkiCo official commented that Mick's amendments were being expedited without thoughtful review, Mick came unhinged and snapped, "I'm not here to be cross-examined." And his lackeys Torre and Skadron went right along with him, both of them DYING for his endorsement in their 2013 mayoral bids.

The dummies just don't understand the economic realities: it's unrealistic to expect new mid-priced (tourist) retail, restaurants or lodging to be built in the downtown core because land values are simply too valuable for anything other than high-end rooms and businesses.

Ahh, but how funny. The law of unintended consequences is sharpening its teeth. Seems the rush is on for building permits before the new law takes effect early next month. We're about to see a crazy building boom (albeit short-term) as a result of these new restrictions. Development will abound, likely to include: a new building at the Bidwell Building site (Galena and Cooper), a penthouse atop Boogie's, a new building with penthouses to replace the Zocalito building on the Hyman Ave mall, a new building where the Gap currently stands, a 3-story residence behind Susie's on Hopkins Ave, and a third-floor penthouse atop the Aspen Athletic Club building as part of a voluntary historic designation deal. When these and the others that beat the clock are eventually completed, the boom days may be over for some time. This new land use code will make any new development in downtown Aspen economically prohibitive.

SUBSIDIZED HOUSING: ENFORCEMENT AT LAST?

Could it be the new presence of respected locals Bobbie Burkley and Rick Head on the housing board that brings a hint of sanity to the beleaguered organization? I certainly hope so! In recent weeks, two notable eviction issues have come before the board. A renter at Truscotte Place was bounced for non-compliance - she is unemployed and the housing rules mandate that residents work 29 hours a week (1500 hours/year). The second concerned a resident who owns her deed-restricted subsidized housing unit, and she has not worked in 4 years - the first two due to health issues and the subsequent two based on the difficulty of finding a job in this economy. This resident has been given until July to find qualifying employment or she will be forced to sell her unit.

Cries for "compassion" abound. A Sheriff's deputy went on record saying he is "ashamed to be associated with the county" now that APCHA is enforcing its own rules. Letters to the editor call for reprieves all around, given the economy. But the cable company doesn't wait, so surely that bill is being paid. Same with VISA. And the cell phone. Why should subsidized housing in Aspen be THE entity at the end of the list that is expected to bend/break its own rules?  

Notably in both cases, the residents both cried "witch hunt," citing "so many others" in the program who also violate the rules. The fact is, APCHA is rife with corruption and non-compliance. And we've got to start somewhere. Kudos to the APCHA board. The rules are the rules - thank you for enforcing them! There's plenty more work to do.... Keep it up!

But the best has been the recent outcry from the Aspen Homeless Shelter. They believe APCHA is "contributing to homelessness in the Aspen area." What??? Yep, the director there compared the "housing system to a college campus where one can't keep housing without staying in school." It's actually a very good analogy. But then he went on to characterize our subsidized housing program as "21^st century feudalism" where housing residents are treated "like chattel," ruminating whether Aspen is "a community for rich people and people willing to work 29 hours a week to serve them? Or is this a place that people can come to live." (Puh-lease!) Well, the answer is simple: BOTH. If you work, you can keep your housing and live here. Besides, Aspen is a service economy so many jobs are service industry jobs.  The government therefore provides subsidies to keep the housing costs well below what the market will bear.

Government-subsidized housing in Aspen is a PRIVILEGE, not a RIGHT.

An easy solution: The Red Ant has recently acquired a spreadsheet that outlines the subsidized housing inventory at each of the projects in the Aspen Pitkin County Housing Authority (APCHA) portfolio. I've been asking for this info for years. Interesting: there are 1429 "owned" units. The spreadsheet is vague at best, but it's a start. For example, Lone Pine condos, built in 1980, has 28 units.   Next, it would make sense to list those 28 units, with the owner of each and where he/she works. It is, after all, public information, just like voter registration. How easy would that be? Very. A simple new column or two on the existing spreadsheet, updated by APCHA each time a unit changes hands or a resident changes jobs, and posted on the county website. Think of the self-policing that would occur. It would be right there, for all to see. Nothing to hide? Nothing to worry about.

RIDDLE ME THIS: SUBSIDIZED HOUSING "MITIGATION?" REALLY?

Just a thought, but as our local governors continue to restrict free market development, they consistently DEMAND subsidized housing "mitigation" for each and every project. This, in the face of the lowest demand for subsidized housing in years and a system filled with non-complying residents. Call me crazy, but in an environment where there are far more subsidized housing dwellers than there are local jobs, why are we punishing property owners and developers, and why on earth are we building more and more government-subsidized housing? One would logically think that anyone who brings jobs to town (through construction, development of retail/restaurants/etc.) should be REWARDED for such behavior. But no. Not in Aspen. Somehow we still demand housing mitigation for more and more people who cannot find work here and cannot afford to eat/shop/live in what the Wall Street Journal deemed "The Most Expensive Town in America." (3/4/11)

MY RIDDICU-LIST: THE "YOU CAN'T MAKE IT UP" FILE

It was classic. In a March 12 council discussion of how to fund the purchase of some new mowing equipment for the golf course, it was noted that the golf course would be better off borrowing the needed funds from the city because the city would charge a lower interest rate than the open market. The buffoons on council began giggling at the thought that they could "make money" by charging interest, clearly not understanding that they are the ones who also PAY that interest. Yep, this is what happens when we elect perfect idiots to serve on city council. They actually think they can MAKE MONEY by charging themselves interest.

NOTABLE QUOTABLE

In defense of the city's recent commitment to move ahead with spending $9.2M (plus a $1.2M contingency that will surely also be spent) on the "infrastructure" for Burlingame 2 despite questionable need or demand, mayor Mick evoked Caesar in his hifalutin statement justifying the build-out of the huge government-subsidized housing project: "Good governments react to circumstances as they confront them. The really great ones, the great cities, anticipate those things and are prepared for the future." Puh-lease. In reality, Mick is more like Nero, who fiddled while Rome burned.

CORRECTION: AACP COST $1.37M, NOT $500K

The Red Ant is loathe to disseminate false information. As such, I must correct a recent report that the Aspen Area Community Plan (AACP) cost $500K. This is not true. The half-million dollar figure merely represented the costs of "existing conditions" reports ($228K), the initial public process ($225K), advertising and special tv taping ($22K), planning & zoning review meals ($4K), and a secondary public process ($23K). Omitted from the initial report were the estimated 15,000 hours of staff time spent on the AACP. According to a planning & zoning report received by The Red Ant, at a basic averaged amount of $58 per hour (includes salary and benefits for the various staff who worked on elements of the plan), that's $870K in staff resources.

Therefore, the $502K spent on studies and consultants plus the $870K in staff time brings the grand total cost of the AACP to at least $1.37M of YOUR MONEY.

MICK: A TAX SCOFFLAW!

Our mayor, a self-proclaimed and erstwhile "tax attorney" is afoul of the law. The Red Ant submitted the following letter to the editor of both papers, but neither would print it. They both need to protect their boy Mick.

To the Editor

The Aspen mayor's compensation is set by ordinance at $2325 per month, or $27,900 per year.

Mick's summer 2011 boondoggle to Europe, for which he requested and received $2418 in expense reimbursement, was not shorter than one week in length, nor was more than 75 percent of his time dedicated to official business purposes of the city of Aspen. It is unlikely that Mick could document to the satisfaction of the IRS that a personal vacation was not a primary consideration in the decision to travel. According to Title 26 of the Internal Revenue Code, the $2418 then constitutes taxable income to the mayor. It does not qualify as nontaxable reimbursement for business-related travel.

Since the mayor's controversial expense reimbursement request was granted by the city, it increased the mayor's 2011 taxable income from the legally authorized amount of $27,900 to $30,318. This fact arguably places the mayor and city council, and city manager Steve Barwick (who signed the check), in violation of the law for permitting compensation of an elected official in excess of the amount permitted by the city's municipal code.

The $2418 in income did not show up on the mayor's 2011 W-2. I checked.

Aspen's Sister Cities non-profit publicly confirms helping "arrange" Mick's trip and even threw in $500 in mad money. I would hope this group would eagerly provide the necessary documentation to demonstrate that this travel meets the IRS guidelines for its tax-exempt mission. Let's see it, because it serves no tax-exempt purpose for a 501c3 organization to pay a private citizen $500 to go on a European vacation, which, according to the Internal Revenue Code, is precisely what Mick's junket was.

In the interest of public trust, and given the opaque manner in which this issue was communicated to the community, taxpayers deserve complete transparency. Citizens also deserve to know what "gifts" the mayor mailed back to the U.S., as documented in his expense reimbursement request, and how said gifts benefit the city or the Sister Cities non-profit. Otherwise, those gifts may also constitute taxable income. 

Who on city council is brave enough to stand up to the mayor and demand that he comply with the tax code? My guess is no one. Holding elected officials accountable for how they spend public money, particularly at the intersection of personal benefit and public purpose, which is where the real issue resides, is paramount to ensuring trust in our governmental system.

Is it avoidance? Is it evasion? As Denis Healey once said, "The difference between tax avoidance and tax evasion is the thickness of the prison wall."

A RED ANT PILGRIMAGE TO THE PEOPLE'S REPUBLIC

No, I won't be submitting my travel receipts for reimbursement from the public coffers, but my upcoming trip to China will likely be more of a "Sister Cities" trip on behalf of the People's Republic of Aspen than any bike ride through Europe undertaken by our greedy lame duck mayor last summer.

Besides, I need a break -- I'm simply horrified by the direction we're headed.

Yes, this is a call, one year out, to eligible candidates for office. Eligible. As in knowledgeable. And God forbid, educated. And dare I say, business-minded? And let's get a few private property and/or business owners up there, just for kicks. Mick will be gone so the tenor of the meetings will change dramatically. It's clear that Torre is gearing up to run for mayor. Lord help us. But should he fail, he'll be off the table. Skadron too will run - he has nothing to lose, given that he'll still have 2 years left on council. But really, folks. I know this community is WAAAAY in to recycling, but can't we do better? This is indeed a call-out to grown-ups in our community. PLEASE step forward and serve. Mayor or council - the 1/5 vote is the same. Dwayne? Will you think about it? Mike Maple? Your life-long residency and intelligent contributions on so many local issues position you tremendously to lead. Ward Hauenstein? Maurice Emmer? Your leadership with the hydro plant petition showed the community how you can uniquely build consensus across diverse groups. Off the top of my head, those names came up. There are many others. Leaders AND listeners. The potential is there. We CAN do better. And the community deserves FAR better than what we've got. We're a year out. Time to start thinking. I certainly don't have to be involved in your campaign, but consider me a resource. If you are thinking of challenging any one of these guys, please let me help.

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 3^rd 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

ISSUE # 76 ... ReluctANT Minds

"Politicians are people who, when they see light at the end of the tunnel, go out and buy some more tunnel." -- Banker Sir John Quinton

"The actions of men are the best interpreters of their thoughts." -- John Locke

THE LITTLE ANNIE'S BROU-HA-HA  You've probably heard that Little Annie's and its next-door neighbor the Benton Building have been spared from the landfill. Considering the two are questionably historic (at best), this is indeed a victory for the sentimental "I wish it were still 1972" Historic Hysterics who want nothing to change downtown, ever. But why don't they recognize this victory? Why are they still complaining? It's simple. The very land use code that many of them helped design that provides incentives to owners of historic properties came back to bite them. In 2011, after a nearly 18-month fight to create a law that would enable the involuntary designation of private properties, the end result was instead a voluntary historical designation program called "Aspen Modern." The program enables private property owners of buildings on "the list" to negotiate with the City for "benefits" if they choose to voluntarily designate their property. Such "benefits" include variations from and exceptions to the land use code, economic benefits, fee waivers, and priority approvals, among others. When Aspen Core Ventures, owners of Annie's, Benton and the big empty parking lot at Hyman and Hunter, submitted their development plans for a mixed use building on the site, some (including mayor Mick) went wild. How could anyone tear down Annie's? Or the Benton building, where artist Tom Benton lived and worked (before it was changed numerous times and included many different businesses including O'Leary's Pub)? But the Historic Preservation Commission (HPC) did not consider either building historic so the fate was sealed. But life-long local and Aspen Core Ventures partner Nikos Hecht heard the outcry, and saw the opportunity that Aspen Modern provided. If he were to voluntarily historically designate Annie's and Benton, then his building proposal would be in a position to negotiate for benefits from the City. And that's exactly what he did. By sparing Annie's and Benton from the wrecking ball, Hecht is now able to build a larger penthouse on the building's third floor (one 6900sf unit as opposed to several 2500sf maximum-sized units) and a second unit on the second floor (2000sf). But the outcry abounds. Some think the penthouse itself was a concession by the city. Nope. The land use code allows for every inch (height/mass/scale) of the new building. But mayor Mick is incensed. He even called Hecht an "extortionist" and his proposal "blackmail" because he couldn't legally kill the project. Aspen Modern and the law of unintended consequences have created inevitable negotiations between the city and private property owners. These don't necessarily favor the city and certainly don't kill development. In the case above, it was a win-win for the developer because his building proposal with or without Annie's and Benton was completely within the code. It was through Hecht's generosity and subsequent negotiations with the city that the Historic Hysterics eeked out their own win when the city made concessions to keep Annie's and Benton standing. In addition, Hecht agreed to lease the Annie's building to an affordable restaurant tenant in perpetuity. Former Mayor Bill Stirling recognized the up-side of the deal, stating that the city has "something on the table that is very workable." So now what? Look for draconian changes to the land use code. I've mentioned before how mayor Mick is vehemently opposed to any more free-market housing in the downtown core. He went so far as to tell The Aspen Times, "I want to make downtown less attractive for luxury residential speculation."   Subsidized housing, fine. Free market housing, not so much. Council is inclined to agree. Councilman Adam Frisch speaks often about making changes to the land use code, recommending "shrinking the goalposts" and not moving them. Ok, sounds like good campaign rhetoric, but what will it really mean? Watch council pull a classic (and predictable) knee-jerk reaction and limit all downtown development to current height limits or to just two stories. It's likely. This will prevent the addition of within-current-code penthouse additions to tired (and debatably historic) buildings. Mick will be happy because no part-time residents will live in the core. Oh, but here comes the law of unintended consequences once again. The next questionably historic building will instead be fast-tracked to the landfill. It's that simple. Without room for negotiation, incentives for the owner, and/or the opportunity for the construction of an economic engine to fund the voluntary historic preservation of buildings, who in their right mind would keep them standing? Not a soul. It'll be a mess. And then we'll be back at square one. The Historic Hysterics have a choice: stay with Aspen Modern and recognize that "negotiation" means give something to get something, OR force a radical change in the land use code. If it's the latter, don't come crying when your next sentimental shack meets the bulldozer. MICK'S CLASS WARFARE WILL HAVE IMPACTS Another less-immediately apparent impact of Mick's ongoing vitriolic and punitive attitude toward development of private property could very well be a reduction of our competitiveness as a high-end, world class tourism destination. Aspen is tremendously unique as a destination because the town IS the resort. This can't be said of other ski resorts. Locals, part-time residents and visitors all converge (sleep, eat, recreate) in the same place --- Aspen. To say that certain people are no longer welcome to physically live in the downtown core WILL have repercussions. There are many other choices for those who wish to purchase private residential property downtown; they may very well stop coming. In turn, the town, its businesses and consequently the locals will feel the effects as the make-up of the community experiences incremental change. This, of course, is the intent of Mick's class warfare. But it's simply not good for Aspen. HYDRO HAPPENINGS It's official. The city clerk has confirmed that the 953 petition signatures turned in last month included at least the 594 required to force council to make a decision: rescind Ordinance 30 of 2011 that rezoned open space land for industrial use (for the Hydro Plant) or conduct a special election on the issue. Citizens are hoping for an election, primarily because many feel duped by the bond measure that passed in 2007. The horrific escalating costs and the environmental mess are the primary concerns of local voters who signed the petition. Mick is going berserk with the knowledge that SO many citizens loathe his pet political destiny project. Rather than addressing or even acknowledging the community's concerns, he has turned his efforts toward a witch hunt to root out the funding source(s) for some educational advertising that ran in both papers during the petition signature collection period. Local stream-protection non-profit Saving Our Streams (SOS) has proudly claimed responsibility for the ad buys, citing its shared desire for protecting Aspen-area streams with petition initiators Ward Hauenstein and Maurice Emmer. SOS' interest was in educating the public on the petition effort, but Mick is incensed since he does not know who the donors are to this private entity. His latest diatribe against the entity was that voters would be "suspicious" if SOS donors are not disclosed. Mick has additionally created a legal "goose chase" that only serves to utilize taxpayer funds (through legal costs) and cost the non-profit money. He has demanded that SOS register as an "issue committee" because the group spent more than $200. This is ludicrous because there is no "issue" on the table (or the ballot) at this time, and the non-profit does NOT have a major purpose of supporting a ballot question or issue. Obviously, Mick just wants to run up the group's legal bills because his argument "is incorrect as a matter of law," according to the group's Denver-based attorney. Meanwhile, for the past month, the City of Aspen has been purchasing (with taxpayer funds) print advertising in both papers that promotes the Hydro Plant! Yes, quarter and one-third page color ads. With YOUR money. But worst of all is the content of the PROPAGANDA (see bullets below) campaign called "Aspen Hydro Power - Smart, Clean, Local, Healthy" they are putting forth to mislead voters toward supporting the Hydro Plant, should the issue come to a vote. (IF/WHEN there is an election, it is ILLEGAL for the city to expend public funds to promote its stance in an issue, therefore they are just doing it early). The Castle Creek Energy Center (CCEC) will ... be the ONLY significant source of power that could be used in an emergency if the grid is down. Nice. The ad shows a picture of "Emergency Shelter at the ARC (rec center)" on CCEC power vs a dark square illustrating "Aspen in an Emergency without CCEC." Really? This argument is an insult to the intelligence of every Aspenite. This is the City's emergency plan? A small hydro plant that is designed to produce just 8% of current demand and is likely to be producing far less at the time of year such an emergency is most likely to occur, such as during a major winter storm event when the water levels are very low. Where is the City's REAL emergency plan?? Please tell me that Aspen has a better plan than sending everybody in town - residents, tourists, employees -dashing on over to the ARC in the middle of a 100-year snow storm event or other emergency? All 30,000 people during high season? Yeah, right. That's not an emergency plan, that's a scare tactic!! The useful life of solar panels and wind turbines is 20-25 years. Hydro is paid off after 25 years with at least 50 more years of hydro power for Aspen to use. For well-planned, economically-constructed and efficiently-maintained hydro facilities, this may be true. But for CCEC, this is flat-out nonsense. It has been shown by numerous sources, The Red Ant included, that the poorly planned and politically motivated hydro plant will operate at a loss for its entire lifetime. If you are aware of a 75-year-old hydro plant that has covered all of its costs over its entire lifetime, please forward the audited financials to The Red Ant. I would love to see the proof. There just may be a few examples where this has happened, but the history of hydro is that over decades, the cost to mitigate for its slow but steady environmental damage and unanticipated maintenance costs overwhelm any chance of breaking even. Ask the Bonneville Power Administration about that one. They operate some of the oldest and largest hydro projects in the nation, and they lose money every year. Why? Mitigation for environmental damage that was not recognized until decades after construction. Plus, given the city's track record in maintaining small hydro projects (back in the 90's they had to replace the turbine at the existing Maroon Creek facility after only a few years due to poor maintenance), this project's costs are going nowhere but straight up! Those who ignore history are doomed to repeat it. Aspen is ignoring not only history but its own incompetence. Aspen will continue to buy as much wind as possible but a utility portfolio cannot be made up only of wind (or solar) because when it isn't windy (or sunny), there is no power. There must be reliable back-up power which is coal or hydro. One is green (hydro), one isn't (coal). The City argues that wind-generated electricity is not available as "base load" power - that is, power necessary to provide base services on a 24-7-365 basis. Yet independent inquiries of MEAN (the Municipal Energy Authority of Nebraska), the City's provider of electricity through the power grid, have indicated that the City could purchase more wind power if they wanted to. Additionally, "green" energy is growing, with more wind and solar power being added to the grid annually, and the technologies for generating and delivering such energy are improving. So why does the City prioritize an overpriced, old technology solution that is likely to harm our local ecology while only generating a fraction of Aspen's power needs over the virtual certainty of less expensive options with no negative local impacts? So Council can take credit and get their names on the plaque of the new Castle Creek Energy Center, that's why. Aspen should take responsibility for its own energy production and contribute to lowering global carbon emissions. Really?? I beg to differ and bet dollars to doughnuts that the citizens of Aspen agree with me. Aspen should take responsibility for being a good environmental steward, but not at ANY cost (monetary, environmental, public policy). This project's "opportunity cost" - that is, the relative cost of current and future alternatives to achieve the same environmental result over the project's lifetime, is far too high to be justified in economic terms. The CCEC is an environmentally sound project that is emission free, local and offers unprecedented protection for Castle and Maroon Creeks basing energy production on water flows. No other water users on those rivers have offered such protection. Ever. This is a seemingly plausible argument that is factually inaccurate and misleading. In other words, it is sophistry. The Red Ant knows of no other Castle or Maroon Creek water users who are currently required by law to take action to protect Castle and Maroon Creeks. The City, on the other hand, very clearly attempted to mislead the Feds by applying for a "conduit exemption" that would have allowed them to sidestep much public review, and environmental disclosure and study necessary under a normal FERC permit application process. And now they have the nerve to claim they are the ones PROTECTING the streams?? Good grief! 66% ($6.9M) of the Hydro Plant is already paid for. $3.6M more to complete the project. Finishing the project is a local investment which builds wealth in the community. Puh-lease. Only Aspen's city hall would use its own incompetence as defense for continuing to build such a poorly planned capital project. To quote a recent letter to the editor from a Glenwood Springs resident, "Their argument is that even though they're running 70% over budget, they've already built or bought most of the plant. So if they've gone this far without really caring what many respected members of the community think, why stop now?" Classic. Besides, do they REALLY think anyone buys this nonsense? "Builds wealth in the community?" As if. You get the idea: This is propaganda at its VERY (and desperate) best! The cost of these misleading ads has exceeded $10,000 to-date. Next steps: My guess is that council will be too chicken to put the issue before the electorate. They'll rescind the ordinance, which sadly will not kill the hydro plant, yet. (They can re-zone later if/when they get federal approval.) Even though this will be a big middle finger to the Aspen voters, they'll do it anyway. They are in a hole and simply can't stop digging. But, if they were smart, they'd quickly throw the issue to the voters. When it gets voted down and the hydro plant gets shut down, they can just say, "It was the will of the voters." These guys HATE making decisions so a public vote would be the easy way out. To further illustrate the contempt the City has for the public process related to the Hydro Plant, they issued a victorious press release when the feds (FERC) recently approved their application for a "traditional licensing process" (TLP) for the Hydro Plant. Many respected entities and experts opposed this application, including the White River National Forest, American Rivers, the Western Rivers Institute, Trout Unlimited, Roaring Fork Conservancy, Public Counsel of the Rockies, and Aspenites Connie Harvey, Tillie Walton and Tom and Maureen Hirsch, who instead favored the more stringent "integrated licensing process" (ILP). Since when is an expedited application process that minimizes public input a victory? Only in Aspen's city hall. It is my guess that with the esteemed and diverse group of stakeholders who oppose the project, the licensing decision will be legally contested. Look for a rescind vs vote decision at the March 12 city council meeting. It will take four of the five votes to rescind the ordinance, so there is still a glimmer of hope for that election.  Keep your fingers crossed. IF YOU CAN'T STAND THE HEAT.... City attorney John Worcester resigned recently. Seems the legal issues that the City is currently facing grew too cumbersome for the long-time civil servant. The City faces a Colorado Supreme Court battle with Marilyn Marks over public access to the voted ballots from the 2009 municipal election, and Worcester has been a key proponent of keeping the ballots locked up, despite showing the ballots on GrassRoots TV on election night. It has long been wondered what is on those ballots that Worcester doesn't want shown to the public. Furthermore, the City is embroiled in a lawsuit with neighbors of the Hydro Plant who claim that the City abandoned its water rights for a Hydro Plant when they decommissioned an earlier plant on the site in 1958. And there's the looming question for the City of whether or not the Colorado Supreme Court will take on a case APCHA (the housing authority) has been fighting since 2008. The case involves a landlord who sued APCHA claiming that its affordable housing program that mandates below-market rents in his local buildings is unconstitutional. The case is expected to go before the Supreme Court this year. (If APCHA loses the case, it could potentially have a $100M consequence for the City of Aspen.) I simply loved Worcester's claim in his exit interview that he said he never "technically" lost a case in his 21 years in the city attorney's office. So, losing 3-0 at the court of appeals on the 2009 CORA/ballot lawsuit doesn't count as a loss? Or how about that inane 2004 lawsuit Worcester filed against Kinder Morgan alleging consumer protection violations because the company doesn't account for the impact of high altitude on the heating capacity of natural gas in its rates? That was another loss at the 9th district and in the court of appeals. I guess "loss" means different things to different people! I am personally glad to see Worcester go. He was instrumental in the dismissal and public humiliation of the 2009 Election Commission of which I was a member. Worcester's collaboration with former councilman Jack Johnson to obfuscate the real issue (the election commission refused to certify the 2009 election due to numerous irregularities) and instead vilify the members showed me firsthand what citizens of Aspen were up against when challenging the City on any legal front. Worcester's resignation does save me the completion of my formal complaint to OARC: the Office of the Attorney Regulation Council regarding Worcester's role in the 2009 election commission dismissal. Worcester was a classic perpetrator of SLAPP: Strategic Lawsuits Against Public Participation, intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense. His goals were accomplished when the defendant succumbs to fear, intimidation, legal costs and exhaustion. SLAPP also intimidates others from participating in the debate. With Worcester now gone, will the culture of "so sue us" end at city hall? Time will tell. But his replacement is assistant city attorney Jim True, who never met a conflict of interest he didn't embrace -- so don't hold your breath! That OARC complaint draft may just come in handy some day! MY RIDDICU-LIST: THE "YOU CAN'T MAKE IT UP" FILE My favorite statement from council on the subject of a special election on the Hydro Plant came from councilman Steve Skadron who complained about the $16K cost of a special election, "My preference would be a November vote rather than a special election; it's less expensive." Never mind by law the special election must be scheduled during a period of between 30 and 90 days following the March 12 meeting. And especially never mind the $10.5M project is $5M (and counting) over-budget. Puh-lease. Less expensive? Since when does Skadron care about money?? ST. ANTon RECAP My recent ski trip to Austria and Switzerland (St. Anton, Kitzbuhel and Gstaad) was great fun with fabulous skiing. They have more snow this season than they've had in 50 years! Doing our part to undo the PR damage mayor Mick did in Europe last summer on his unofficial and unauthorized (yet still reimbursed from the public coffers) goodwill tour, my friend Gail and I donned our Aspen best at après ski:

ISSUE # 75: Gone Skiing: St. ANTon

"Snow: A form of precipitation that usually occurs three weeks prior to and the morning of departure for your ski vacation."     -- Unknown 

HYDRO: SIGNATURES ARE IN!

It was incredible. Nearly 50 local citizens voluntarily circulated petitions and garnered 953 signatures that were turned in yesterday. While the effort does not necessarily stop the hydro plant in its tracks, this certainly IS a referendum on the hydro plant! Gone are Skadron's and Torre's claims that opposition to the hydro plant is from just a "vocal minority." And more importantly, gone is Mick's favorite claim that there is a referendum on the hydro plant since 77% of voters supported the hydro plant in 2007. That particular election attracted just 800 local voters, and yes, there was overwhelming support for a $5.5 million bond to build the hydro plant. But now, at $10.5 million in costs (and counting), more people signed the petition than turned out to vote (either way) in 2007! It's abundantly clear, there is widespread outrage against the hydro plant, its environmental impacts, its ballooning costs and the city's failed process of building yet another disaster!

Now it falls to council. They have two choices. They can simply repeal Ordinance 30 that rezoned open space land for industrial use. Or, they can put it to a vote. The latter is clearly the preferred choice, but will council have the guts to go there? By law, they must conduct the special election no less than 30 days and no more than 90 days from the clerk's verification of the signatures. (Mick had been whining about wanting to possibly conduct the vote in November, but think of all the damage the city could do in 9 months!? Besides, it's not a legal option to wait.)

Councilman Adam Frisch signed the petition, citing the escalating costs and the need for citizens to again weigh in on a project that is far different today than the one approved 4 years ago. Thankfully, one of our representatives sees the value of citizen input on the issue of this runaway train. Let's hope he puts his vote where his signature is - with the citizens!!

Kudos to locals Ward Howenstein and Maurice Emmer who led the heroic community petition effort. Howenstein said upon submitting the petitions to the city clerk, "While we believe that giving the citizens of Aspen a say in the hydro project was important, we are humbled and heartened by the overwhelming support and enthusiasm we have encountered from citizens, business leaders and organizations in the Aspen community who also believe the public deserves the right to vote on this important matter."

Stay tuned. This one is about to get good.

FEAR AND LOATHING

It's always interesting to learn who will and who won't sign a petition, and why. This one was unique in that it wasn't political. It was civic. All it asked was whether or not one felt that another vote is in order given the outrageous fiscal, environmental and public policy behavior by the local government concerning the hydro plant. As a petition circulator, I had some interesting responses. Some people are STILL very frightened of the city and what will happen to them when "Mick sees that I have signed."

One friend wanted to sign, but felt that his role on the board of an organization that gets money from the city would jeopardize those funds. Puh-lease! Others who have pending development approvals in the works were frightened that these would be jeopardized. A city employee praised the effort but feared for her job if she signed. And still others feared that their subsidized housing would be affected. This, in a democracy! Isn't that amazing? Or is it? What has happened to put this genuine fear into so many citizens? It is widely "known" that there are reprisals, but are there? Really? Please be in touch and tell me your story. I will not identify you in anything I write. I'm just very curious. Is this myth or is it reality?

NO "COLD BEDS" FOR MICK

He is on a roll. Mick recently proposed to council that the land use codes be changed to prohibit free market condos, townhomes and single family homes in the downtown core. He says it's to enhance our tourist-based economy. But I know better. HERE is a letter that I wrote to the editor last week. Class warfare is indeed alive and kicking in Aspen.

NO CARS FOR MICK EITHER

Clearly the cold weather is keeping mayor Mick at his desk, dreaming of new ways to thwart the free market, especially local businesses. Yesterday's paper outlined Mick's dream of paving part of Galena Street and eliminating parking altogether on Galena and Cooper. This would result in the loss of up to 80 downtown parking places. Mick, ever the economist, told the Aspen Daily News that bigger sidewalks and better lines of sight thanks to fewer parked cars could be a boon to businesses on Galena. Ya think?

The big picture is that Mick wants to link the soon-to-be-repaired parking garage to downtown retail. And estimated costs are projected at $4.4 million. (Here we go again!) We all know that Mick hates cars - and those who drive them - so fewer cars are somehow a win for him. It surely won't be a win for local businesses. The idea is to bring people to town. And no, I don't mean by bicycle.

I will report back on how council reacts to these ridiculous ideas. And I will name names. The madness must stop.

GET YOUR $50 FROM THE CITY

Free money. It's not too often one can write that in these parts! For Aspen residents who lived within the city limits for the entire year of 2011, you are entitled to a $50 food sales tax refund. This is the result of a sales tax referendum that was passed several years ago that imposed a 1% city sales tax. It was deemed that $50 was the approximate amount of sales tax that locals would pay annually on their grocery purchases. Here's your chance to get that money back (so it's not actually free). Don't miss the deadline. Print THIS form and mail it in by Monday, April 16.

ISSUE # 74: Ant Alert: Sign the Hydro Petition

  "The accomplice to the crime of corruption is frequently our own indifference."          -- Bess Myerson 

AN AUSPICIOUS START TO THE NEW YEAR!

A diverse group of citizens recently initiated a formal petition to repeal Ordinance 30 of 2011.  The ordinance, integrally related to the city's disastrous hydro plant project, re-zoned land in the Marolt Open Space subdivision for industrial use by the Castle Creek Energy Center and Hydro Plant.  At issue?  The city does not have federal approval to build the plant and will not for several years to come, if ever. 

This was a premature action and one in which City Council brazenly ignored all input except that from city staff before unanimously approving the land use change.

Led by Aspenites Ward Hauenstein and Maurice Emmer, an effort is underway to collect 600 signatures from REGISTERED CITY OF ASPEN VOTERS.  Upon reaching that threshold, city council will have two choices:  repeal the ordinance OR refer the issue to the electorate at a special election. 

I have recently volunteered to circulate a petition and collect signatures.  As you are well aware, The Red Ant is vehemently opposed to the city's management of the hydro plant project, primarily based on the fiscal picture.  We have seen a budget of $6.2M in 2007 balloon out of control to $10.5M in costs today, and this is certain to rise.  (HERE is a full-page ad I ran in the December 28 Aspen Daily News with cost details on the project.)  There are numerous serious environmental concerns as well.  Even the Daily News is in support of the petition effort, acknowledging that "the local press failed to do its job" educating the voters about the issue when it was approved in 2007.  Read their editorial HERE.

PLEASE sign the petition!  Just hit "reply" to this email and let me know when and where I can come to you for your signature.  There are 2 weeks left to collect the signatures and I would like to do my part!  See you soon!

Happy New Year!  May 2012 be the year we take our government back!

P.S. Voters in the County and elsewhere, please email your support for the effort to CitizensPetition81611@gmail.com  While these messages will not be counted in the "official" ordinance repeal process, your voices will be collected and heard as efforts continue to reign in this mess!  Thank you!

ISSUE #73: sANTa's Back: 2011

"Ring out the old, ring in the new

Ring happy bells, across  the snow.

The year is going, let him go

Ring out the false, ring in the true."

                  --- Alfred Lord Tennyson, 1850

'Twas winter in Aspen, it comes every year.

A long runway, more airlines and lots more to cheer!

We made it through '11 with some wins and some losses

But nothing's so bad as our corrupt city bosses.

To shine a bright light and cry-out upon news

The Red Ant is eager to email my views

I name names and wonder, what are they thinking?

The ethics, the corruption -- this boat is sinking!

The politics, they're nasty -- really, what's new?

Mick's leadership's lacking: so predicted, so true.

The boys they just sit there, scared to say boo

So the mayor steamrolls his agenda through.

We voted for Adam and got Skadron back

Independent thinkers -- still something we lack.

Torre's emotional, but he gets things done

But Derek, oh my, he is just dumb.

They don't do the reading; just sit there like fools

Their eyes? Glazed over like cold swimming pools.

Mick rants and he raves, and he yells at the folks

Council reacts like he's just telling jokes.

They ignore the public (who cares what we think?)

Steve Barwick and staff - they're tickled pink!

Council just looks to them for direction

All I can think of is the next election!

Grocery bags in plastic, they have been banned

The legislation was sloppy; the decision panned.

Now bring your own bag, or be prepared to pay

Paper bags will cost 20 cents every day.

The hydro plant faces its federal review

(An environmental study's the right thing to do.)

This slows things down, likely for years

Plus a lawsuit was filed, and the city has fears.

A decision in '58 to turn out the lights

Means the city abandoned its hydro plant rights.

The old plant was closed, pipes were ripped out

To rebuild the thing now is clearly in doubt!

We should stop now and just call it a loss

But the tab keeps on growing with Mick as the boss.

$10.5 million - today's estimated cost

It may never get built, and millions more will be lost.

Economic analyses - these were compiled

For taxpayers - wow, how we've been beguiled!

The experts, they say the project's a mess

But staff at the city will never confess.

They once again built -- with money from bonds

And when this was all gone, they just waved their wands.

Electrical rates -- these increased for us all

The costs keep on rising, the fall-out? Not small!

The "Sick of Mick" effort, while it didn't succeed

Showed disdain for the mayor, but nothing he'll heed.

Mick won his third term, thankfully his last

Let's hope that May '13 comes around fast!

Drug cartels reached our nice little town

Made clear when a major cocaine bust went down.

Several old locals were caught and were busted

The DEA made it happen; our Sheriff -- not trusted.

Occupy Aspen -- they came and they roared.

(Just 20 showed up and many looked bored.)

Of all who were there, I soon realized

Most live in housing -- yep, subsidized!

Marks won her appeal against the city

Their reaction was predictable: vengeful, not pretty.

They're hiding something from the '09 election

Courts say show ballots; city ignores the direction.

Now they appeal to the state's Supreme Court

Costing hundreds of thousands on unneeded tort.

So ironic to note that if the city should "win"

Honest elections will be over; not seen again.

It's likely they'll lose, they have a weak case

Mick vs Marilyn: looks personal on its face.

But the facts are important, no matter your side

It's abundantly clear the city's got something to hide.

Burlingame raises its big ugly head

The next phase is coming, or so it is said.

Never mind there aren't jobs nor demand for the places

The city's happy to build for imaginary faces.

They've been running an ad, begging for takers

Just sign on the list - who cares if they're fakers!?

The city just wants to break ground and dig

It's all about votes, folks, and Burlingame's BIG!

They're sneaking around, contracting to build

We don't even know if their coffers are filled.

Once again they have plans that ignore stuff like money

Want subsidized housing? Just sign up, honey!

Mick took a vacation (nothing wrong with that)

But charged us for expenses, that dirty rat!

City manager Barwick just cracked him a check

It's taxpayers' money - so what the heck!?

The bike racers came from over the Pass

In terms of spectators, we prepared for a mass.

But most were just locals, up on the hill

Restaurants went empty; no bellies to fill.

The city spent thousands, and took a big loss

What did you expect? Mick was the boss.

We're indulging Mick's fantasy (for tourism?) again

(The Red Ant personally thinks it's a sin.)

Little Annie's: a dive where we all like to eat

The menu's affordable, the façade western and sweet.

The building's in jeopardy, could be torn down

Can't we move Annie's elsewhere in town?

Below the earth's surface geo-thermal temps are hot

But drilling to harness these, a good idea? Not.

It's part of the "green" thing that pleases the city

The neighbors find the experiment noisy and gritty.

Weeks past the deadline, no water's been found

Maybe there's nothing in our under-ground!

No hot water, cold water, nothing's been hit

But the city keeps drilling; these guys just won't quit!

And then there's the Wheeler, our opera house prize

With a taxpayer subsidy - horrors, the size!

$3 mil a year for movies and shows

Nothing there makes money; that really blows.

Finally an approval for a lodge at 1A

Too bad in the process the Poma went away.

The city fought hard against new free market places

But settled when they got on-site worker housing spaces.

The Given, it's gone and the furor is done

CU sold the land and the impact was none.

Now on the site will be one private dwelling

The trees, they're all standing. The next fight? No telling.

Digging into our pockets whenever they can

The County concocted a spectacular plan:

Special non-profits now don't need to raise money

They've just upped our taxes! Don't laugh, it's not funny.

The city says rentals of your home or mine

Need to pay taxes or be guilty of crime.

They want a cut of our personal deals

Likely to spend it on staff parties and meals!

'12 is upon us and we'll be spending a lot

The city budget has 70 mil in its pot.

Capital expenditures increased the most

Fiscal responsibility? Nah! That thinking's toast.

The AACP threatens early next year

But the only answer we really need to hear:

Will it be regulatory or just serve as a guide?

If not the latter, the community's hands will be tied.

Planning & Zoning, they've been at it for years

Their draconian plans have justified fears.

Each draft in the process has met with jeers

They all prefer a return to The Quiet Years!

The Thrift Shop ladies (all volunteer)

Weeding through old stuff, garbage and gear

Made a silk purse from a sow's ear

And donated half a mil to the community this year!

Tony is back at the Hotel Jerome

The gem is again a great local home.

The J-Bar, The Library, The Antler Bar

The corner of Main & Mill: our historic star!

SkiCo stepped up and made some big changes

New lifts, new restaurants on our mountain ranges!

Better is best, and here skiing is GREAT --

The Crowns and the SkiCo -- what I call "first rate!"

Ever onward and upward in our cul-de-sac nest

We all love it in Aspen - it's simply the best!

The Red Ant's on the case; the fun never ends

Holiday blessings to you, your family and friends.