ISSUE # 34 ... ASPEN COUNCIL PRIORITIES AS SEEN FROM THE ANT HILL

THE POWER DYNAMIC ON THE NEW CITY COUNCIL With nearly two months since taking office, the outlook on power and direction with the new City Council is varied, but, compared to the track record of the last 2 years, The Red Ant is cautiously optimistic -- the election broke Mick's previous perceived built-in voting block. Instead, new Councilman Derek Johnson, who won his seat by a long-shot, promises to be an objective and level-headed representative with pro-business and pro-jobs politics, likely more in line with those of Councilman Dwayne Romero. Torre returns after a 4-year hiatus, as a confident and independent thinker -- not one to blindly drink the Kool-Aid. And remember, Torre boldly challenged Mick in the 2007 Mayoral election. Early analysis reveals no pre-set alliances, which is ideal for good governance. Dwayne, Derek and Torre will surely together ensure a great cultural shift in council chambers --- the three of them will never engage in rudeness and incivility to members of the public! Councilman Steve Skadron will quickly embrace this positive change. The likelihood of a complete cultural change on Council is probably too much to ask for, but hope springs eternal with The Red Ant. Mick may choose to govern differently given the new make-up of the Council. Then again, he may not, as evidenced by his impatience and rudeness at two recent Council meetings. The Red Ant hopes that this new group of Council members will lead a CHANGE we can ALL believe in! CITY COUNCIL TO SET PRIORITIES THIS WEEK   The new Council will meet on July 31 and August 3 in public session to craft their priorities for the coming year. It is rare that manyAspen citizens engage their Council representativesin suggesting Council priorities, but The Red Ant encourages citizens to do so. (Read on--we've made it easy for you to do so.) As constituents, if we don't communicate where we want Council to focus, we shouldn't criticize what they choose as priorities. The Red Ant suggests the following 10 priorities for the new City Council. These are all concepts that we brought up during the recent campaign season:   1. HOLD THE LINE ON PROPERTY TAXES!  It is hard to find a property owner who is not distressed about their new valuation on which property taxes will be based in 2010. The property taxes to be paid do not necessarily go up proportionally with the new values, but The Red Ant is working with other interested citizens to devise a method for formally petitioning the various taxing authorities to collect no more property tax revenue than in prior years (for residential AND commercial properties).  Focusing on the City of Aspen, The Red Ant hopes that the City will lead the area taxing authorities in holding the line, if not, reducing property tax collections next year, despite the alleged temporary increase in property valuations. 2a. CREATE A NEW STRATEGIC PLANFOR AFFORDABLE HOUSING It's time for more transparency and a re-set of affordable housing (AH) strategies and priorities. The public needs to know how AH will be funded, built and managed, when the financial picture (the City's as well as the employees') has dramatically changed. Aspen's AH program is additionally experiencing dramatic unintended consequences: originally built for employees as a stepping stone into the free market, employees are retiring in their homes, as allowed, creating an unforeseen bottleneck for future employees in need of housing. Mayor Mick ardently stated Monday night that "affordable housing residents deserve what the people in free market housing get." For example, that is, the right of retirees in AH to rent their units out while they travel for up to 6 months of the year. We currently face a major public policy question about the direction and financing of our affordable/employee/workforce housing program, who it benefits, for how long and to what extent. Elizabeth raised this issue at a recent Council meeting, and thankfully all but Mayor Mick recognized the need to look into and evaluate the potential "unintended consequences" of making such a major and potentially expensive change in the AH program in the near future. With the RETT-based housing fund out of money and in debt, a new strategic plan is required to make our system more flexible, more progressive and more financially viable. We feel that there are numerous opportunities for private development of affordable, privately-managed rental and ownership housing. Without a new strategy, it seems to the Ant to be the classic case of unintended consequences on a collision course with harsh financial impacts. Acknowledging the problem now, and finding new solutions, will enable us to avoid a major crisis. And, perhaps most notably, the current system does not provide for effective compliance and oversight, and rampant rumors of City/County-subsidized pied-a-terres and part-time AH residences abound. Even City officials have quietly told The Red Ant of the frustration of qualified AH residents who watcha fewneighbors and employers scam the system. Housing officials told Council on Monday night that they don't have the full complement of compliance tools and authority they've requested to properly monitor the program. Who knows - if only qualified employees were to occupy our 2800 (rental and owned) AH units, we may be able to avoid the coming crisis! Without ready funds available for building more AH, The Red Ant hopes that the Council will focus City staff on developing, with expert help, new strategies for workforce housing development and compliance. 2b. INCLUDE SOLUTIONSTO AFFORDABLE HOUSING CAPITAL RESERVES ISSUES Many aging AH projects are without sufficient capital reserves to fund vital and significant repairs and upgrades. (A good example is Centennial's $3 million property repair estimate -- there is only about $280,000 in their HOA fund.) In the City's and APCHA's zeal to build and fill employee units, they overlooked the practical need for putting structure and organization in place that would make the developments financially self-sustaining through adequate HOA dues and reserve requirements. After decades of ignoring the ticking time bomb, the APCHA and the City are having a difficult time deflecting the financial and social responsibility created by the large long-standing gaps between resources of the HOAs and the impending capital improvement projects at the 84 HOAs regulated by the housing authority. Some savvy AH buyers have long avoided paying for costly maintenance (like roof replacements and structural repairs) by continually leveraging their status in the housing pool and regularly upgrading to newer AH projects, which the system allows. There are millions of dollars of impending repairs which many taxpayers feel should be the responsibility of the already-subsidized AH owners, while many owners feel these costs should be the responsibility of the City/APCHA from which they bought their unit, assuming that the buildings were sound. It's truly a thorny long-term problem that Council needs to face. (** Notably, in a recent Council work session, the Centennial $3m property repair project was discussed in earnest. One plausible solution appears to be a "special taxing district" that would acquire a loan for the HOA through a local bank at a low interest rate. The loan would be attached to the property and not the owners. The good news is that the local government won't have to provide financial assistance. Stay tuned.) The Red Ant commends Council for addressing this issue and looking at new and creative (and fair) financing options! Many other AH complexes will soon be facing similar challenges. Please continue to develop and enforce stronger HOA reserve requirements. 3. THE 2009/2010 BUDGET AND FISCAL RESPONSIBILITY We're more than half-way through the year. The rosy financial picture that many were hoping for does not appear to be on the 2009/10 horizon. And contrary to former Councilman Jack Johnson's Fall 2008 comments, Aspen is NOT immune to economic downturns. The Red Antcalls on Council to, in the words of Paul Menter, former City finance director,"Confront Aspen's air of fiscal invincibility." It's vital that Council take a HARD look at the budget for the remainder of THIS year and be nothing but realistic. It's difficult to adapt when adapt means cut, but the troublesome financialpicture is going to catch up withus. Don't just procrastinate until 2010and maintain the status quo. Deficit spending cannot be tolerated, regardless of what we have reserves. Be realistic, make changes, and be very conservative in planning for 2010. The Red Ant hopes that the Council will focus City staff on developing, with expert help, new strategies for workforce housing development and compliance. 4. RESOLVE THE POST-WWII HISTORIC PRESERVATION ISSUE (ORDINANCE 30/48 OVERHANG) The Historic Preservation Task Force has spent thousands of man-hours over the past 17 months discussing their Council-directed mission to recommend policy on the historic preservation of Aspen homes and buildings built primarily in the 60's and 70's. This is a contentious and complex subject, and the Task Force is nearing its final recommendations. It is time to let the list of Ord #48 property owners out of purgatory, and clarify for other owners of 1960's and 70's structures whether or not they will be safe from "Big Brother" legislation. As predicted, the Ord #48 "solution" (the "compromise" following Ord #30 that enables those on the list to "negotiate" with the City for permission to develop their "listed" properties) had the unintended (but forewarned) consequence of driving more development and demolition permits. Extending generous redevelopment incentives for the preservation of 60's and 70's properties surely needs the input of the Task Force and the public sooner rather than later. The Red Ant urges Council to take this up for RESOLUTION very soon, with a new appreciation for homeowners' property rights, a realistic look at the historic value and cost to the community of preserving 60's and 70's era properties, as well as a more conservative and more discriminating approach to granting development incentives for the preservation/redevelopment of post-WWII properties. 5. ADOPT A CITY-WIDE BUSINESS-FRIENDLY APPROACH With current commercial vacancies worse than those following 9/11, it's time to create incentives that encourage new and existing local businesses. The straight-forward solution is to cut the red-tape that impedes the process of leasing and opening businesses in the downtown core. With the seasonal aspect of our local economy, the building permit process and lag time is often a deal-breaker for potential lessees. We hear frustrating stories of bureaucratic delays over the smallest matters, holding up small businesses from beginning their operations for months on end. Commercial property taxes are ultimately borne by the business leasing the space, many of whom are struggling to stay afloat today. The recent increases in commercial property taxes have been nothing short of devastating to our small business community. This is not business-friendly, and neither are all of those empty storefronts! The Red Ant has heard enough of the derisive comments from the Council table about "greedy businesses," "faceless LLC's" and "heartless employers." We urge Mick to adopt a new positive attitude to promote and protect local businesses, not resent their efforts. If the culture in Council chambers becomes pro-local business, the culture of City staff will soon become aligned. 6.COMPLETE THE ASPEN AREA COMMUNITY PLAN (AACP) The Aspen Area Community Plan is a far more important document than it sounds to most citizens. It shapes policy and regulations for years to come in Council, P&Z and HPC. It affects business, taxes, personal property, development and all the critical elements of local public policy. The AACP is an informally written, (not legalize), and inspirational document, meant to provide guidance. Unfortunately, its use has been perverted by recent Councils that have chosen to use its guidelines as regulatory wild cards to create land use requirements or deny applications which otherwise complied with the land use code. Our land use code needs updating, with the input of the community, and is awaiting the AACP before that effort can begin. Here are some specific recommendations we have for Council: Urge P&Z to move forward with the AACP plan draft to get it back to the public for input. Include a "Governance" section in the plan as originally intended, but not addressed. Decide as a Council on the question of using the new AACP as a "regulatory document," which we believe is a bad idea, as itis certain to bring more future litigation due to its subjective nature. 7. TRAFFIC AND THE ENTRANCE TO ASPEN The 2007 election was focused on traffic and Entrance to Aspen issues. Mick campaigned on the "modified direct" solution and did nothing during his first term to move this forward, stating early in his first term that the public needed to coalesce around a solution and then he would get behind it. Always the first to tout his "transportation" expertise,Mick showed no leadership on this issue. Unfortunately, the recent 2009 election discouraged issues-based discussion due to the employment of IRV (instant run-off voting), which made it easy for candidates to avoid taking a stand on controversial local issues. It's hard to know how the current Councilmen feel about solutions to this critical issue. However, The Red Ant feels that now is time to move the process forward and get creative on the financing of the various entrance to Aspen solutions. Regardless of how Mick feels about cars in Aspen, it's a reality that people will continue to drive in and out of town for a wide variety of reasons. We urge Council to leverage their considerable political capital to create public support for a near-term actionable solution. 8. THE GREAT CIVILITY DEBATE In the absence of actual debates on "the issues" during the recent campaign, one topic that was consistently raised was that of "civility." It seems (and The Red Ant absolutely agrees) that Aspen residents are weary of the disrespect for and intimidation of citizens who attend Council meetings and dare to address Council during the public comment periods. Mick and former Councilman Jack Johnson (perhaps his now "former" status is a result?) were repeatedly criticized for their rudeness and impatience with citizens who presented opposing views or support for programs and projects not high on these leaders' personal agendas. Unfortunately we're not off to a great start with civility. Mick recently displayed his all-too-familiar sanctimonious style during the meeting to determine the management contract for Cozy Point Ranch. The Red Ant was dismayed when the Mayor derided several presenters, as if he were sitting as a disapproving judge, and inconsistently applied the time clock during public comment. In addition, Mick's habit of misconstruing, misquoting and misrepresenting when commenting on a citizen's public presentation to Council is uncalled for. (He does this once public comment is closedwhen he can have the last word.) Sadly, there is no practical process to rebut such mis-statements which often compromise or confuse the point made by a member of the public. On a positive note, however, we have seen nothing but professional, civil, encouraging and gentlemanly engagement with the public by every other member of Council and staff. City Council should make civility a priority, and Councilmen should call Mick out when he crosses the line. 9. COUNCIL MEETINGS THAT ENCOURAGE CITIZEN INVOLVEMENT Have you been to Council chambers in the basement of City Hall? Have you had to stand in the back of that stuffy room or in the hallway where you cannot hear the proceedings? Then you've seen the aircraft carrier-sized "Council table" that encompasses 50% of the room and creates a vast physical barrier that keeps Council far from the public. That barrier must go! A reduced-sized Council table (with movable extensions for big committee meetings) would open up the room's real estate and allow for more chairs for the public. This would immediately create a more welcoming, less intimidating environment. As Mick likes to espouse, Council is a body "of the people, by the people, for the people." It's time to welcome the people, provide them with chairs, give them reasonable proximity to their leadership and respectfully engage them. 10. PROVIDE GUIDANCE TO THE CITY MANAGER The City Manager, Steve Barwick, is Aspen's CEO. It is his job to run the business that is Aspen. While there is much debate locally as to whether or not government should be run like a business, the fact remains that per our City Charter, the City Manager/CEO has the responsibility to run the place, with the guidance of the elected City Council. Think of the latter as a board of directors. Not the other way around. The Red Ant recommends that Council acknowledge the City Manger's role in managing the City, its budget and its employees. It's time to create expectations for the senior executive of the City, and hold him accountable for the results. This absolutely includes addressing and correcting the controversial "P-Card" usage that enables over 280 City employees to hold purchasing cards that debit straight from the City's coffers with inadequate oversight. (Earlier this year, it was revealed that City employees had spent $250,000 on meals, including those at tony Aspen restaurants using their taxpayer-funded P-Cards!) That, of course, is only one of the many issues on his plate. Recommendations and solutions to address these issues should be expected from and initiated in Steve Barwick's office. LET COUNCIL KNOW WHERE YOU WANT THEM TO FOCUS WHETHER OR NOTyou agreewith The Red Ant's Top 10 Council Priorities, please join us in communicating with City Council as they deliberate the focus of time and resources. Click Here (http://www.aspencitizensgroup.com/letter.html) for a form letter that outlines these 10 issues, editable for YOUR priorities, with space at the end for you to add your personal comments. You may edit the letter to personalize it, suggest other priorities, or send any message you wish. When you push "SEND," your letter will be instantly delivered to the email inboxes of Mayor Mick Ireland and Councilmen Derek Johnson, Dwayne Romero, Torre and Steve Skadron.