HomeMy WebLinkAboutagenda.council.worksession.20100831MEMORANDUM
TO: Aspen Board of Health
FROM: Lee Cassin,
Public Health Agency and Environmental Health Director,
DATE OF MEMO: August 18, 2010
MEETING DATE: August 31, 2010
RE: Quarterly Board of Health Meeting
REQUEST OF BOARD OF HEALTH: No action is required. This is the quarterly Board of
Health update.
BACKGROUND: The Colorado Public Health Act of 2008 allows municipalities to form their
own Board of Health and Public Health Agency, which the City of Aspen did. This allows the
City to continue to hire its own staff and administer its programs in the areas of air quality, water
quality, recycling, nuisances, food service, global warming, and others, rather than ceding that
authority to a County or regional Board of Health. Dr. Morris Cohen serves as the City's Medical
Officer, as he has for many years, providing expertise and advice as needed.
Aspen and Pitkin County are somewhat unique in the state in that our "public health" services,
i.e. nursing, vaccinations, etc. are provided by the non -profit Community Health Services. That
agency is funded by the Healthy Communities Fund. The fund is managed by the. County sinceit.
is a county -wide tax, but the largest contributors to that fund are City of Aspen residents, because
the fund is a property tax based fund.
Garfield County provides vital records recording for the City of Aspen (as it has done for Pitkin
County for several years.)
DISCUSSION: This update includes the following:
Attachment A is several informational items provided by Dr. Cohen to address issues that have
gotten significant media coverage recently, including medical aspects of medical marijuana, West
Nile Virus update, and meningitis.
Attachment B is a preliminary report from Jannette Whitcomb on ozone levels in Aspen, based
on the first few months of (yet - unaudited) monitoring data. The EPA was expected to announce
Page 1 of 6
the new ozone standard under the Clean Air Act on August 31 but has now delayed that until the
fall.
Attachment C is a cnmmary from C7 Oliver of issues related to the topic of posting restaurant
inspection scores. We wanted to discuss this since it has been repeatedly been brought up by a
member of the public at several council meetings.
Liz Stark, Community Health Services Director, has compared service demands for the first six
months of 2010 compared to 2009. Adult Health demands were "up ", as a result of the large
numbers of H1N1 vaccines given in early 2010. Family Planning numbers are down, possibly
because some families have moved out of the area due to economic conditions, and also because
CHS limited family planning services in order to shift resources to H1N1 early in the year. The
Dental Initiative group continues its efforts and has developed a draft initial budget of about
$625,000 as a startup cost for remodeling, furnishings and equipment. In addition, there is a
projection for 3 -7 staff to provide the services over the next few years.
hi the next two years, we will be compiling existing data and studies (a "needs assessment') in
order to compare our local priorities with that information. Data could include everything from
air quality monitoring data, drinking water quality reports, radon levels, AACP citizen surveys,
Canary Action Plan goals, PM -10 Local Implementation goals, and existing studies like the
recent Child Care needs assessment. We will of course share all of our data and information with
the county for use in its wider needs assessment that will likely include dental care, substance
abuse, family violence, income support, and other issues.
FINANCLAL/BUDGET IMPACTS: No changes at this time, but significant requests are likely
in the future.
Page 2 of 6
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(IOP) in patients suffering from glaucoma, it is estimated that a patient would need to smoke about a dozen "joints" per day for efficacy.
While IOP may be successfully lowered and the risk for blindness reduced, the patient is likely to s er sr e , Including significant
coenitive immirmnnt No study has demonstrated that MJ can lower IOP as effectively as drugs already on the market.
> There is some evidence that smoked MJ relieves neumpathic pain related to HIV, but less evidence'that medical MJ is helpful in controlling
chronic/severe pain. Smoked MJ is also used to combat the wasting syndrome of AIDS and relieve nausea related to chemotherapy. While
several reports support its efticacy; patients with ese conditions are already p ysi y compromm an unnecessary exposure o poten-
tially dangerous substances should be avoided. MJ contains most of the hazardous substances found in tobacco smoke. It also inhibits T cell
functioning and runs the risk of further compromising an immune- suppressed patient.
Those supporting the legalization of MJ tend to portray this complex alkaloid mixture of more than 400 compounds as a reasonable
"natural" alternative to conventional drugs. But its organic nature does not preclude the need for scientific investigation. Despite legislation
across the states relaxing laws governing the possession or use of MJ, the scientific community remains concerned about its risks.
The medical literature is replete with evidence that MJ use can be complicated by abuse and dependence. en ercent of re az MJ users
become addicted to it compared with 15% with alcohol, 32% with nicod a and 26% for opiate The number of adults w
abuse disorders is trending upward anJ_ex_p_ec_t_ed to ouble by the year 020. There is concern that increasing access and availability to
another addictive substance will only aggravate this trend. Of MJ confiscated in the US, the potency (percentage of THC) has increased
dramatically since 1975, raising additional concerns about increased abuse potential.
The largest demographic of MJ users includes adolescent and pun adult mal Colorado ranks fifth in the nation for adolescent MJ use.
The younger children are when first exposed to MJ, the more likel they are to use cocaine and heroin and become dependent on drugs in
adulthood. MJ poses other mental health hazards. The risk for developing psychosis is increased by 40% for those who have used cannabis.
Good research shows that smoked MJ makes lion and disorders of attention worse. University of Colorado researcher Hon
Ho, MD and his associates conducted a large longitudinal s y o canna Is use 'in They discovered that smoked MJ is
associated with the subsequent development of depression, not the reverse. Slowed cognitive processing, impaired judgment and short-term
memory, impaired inhibitory control, loss of sustained concentration or vigilance, impaired visuospatial processing and perception are dose -
related side effects of smoked MJ. Heavy MJ use (daily for a month) is associated with residual neuropsychological effects even after a day of
supervised abstinence. It is unknown whether this is related to residual drug in the brain or frank neurotoxiclty.
MJ smoke contains many of the same carcinogens and co-carcinogens found in tobacco smoke. Because inhalation is deeper and more pro-
longed with MJ compared to tobacco, m ore tar- containing benzopyrene expos o ccur s. Both acute and chronic bronchitis are associated
with smoked MJ. Long -term cannabis use increases tTie risk for cancer as w as a _ and neck cancers. There exists scientific evidence
that long -term MJ smoking alters the reproductive system. MJ use also increases heart rate. According to Harvard University researchers, the
risk of a he amck is five times higher th an usual in the hour after smoking MJ.
Aside from the individual health risks associated with MJ use, it is important to consider the societal costs incurred when abusable, cognitive
impairing substances are made readily available to the public. Studies employing computer controlled driving simulators reveal that cannabis
acutely impairs driving- related skills in a dose - related fashion. The National Transportation Safety Board studied 182 fatal truck accidents
in 1990 and learned that just as many accidents were caused by drivers using MJ as were caused by drivers impaired with alcohol. MJ is also
implicated in a high percentage of workplace accidents. Drug use also contributes to crime. A large percentage of those arrested for crimes
test positive for MJ. Nationwide, 40% of adult males tested positive for MJ at the time of their arrest.
Amendment 20 was meant to provide legal access to MJ for those suffering from debilitating conditions refractory to conventional treat-
ments. A small scale enterprise was envisioned. Instead, storefront MJ dispensaries have sprouted like weeds (pun intended). Rumor has it
that there are more MJ dispensaries in meuo Denver than liquor stores and Starbucks coffee shops combined!
In reviewing medical MJ cards issued in Colorado, onl 3% belon to people with cancer and only 1 % for those with HIV /AIDS. Ninety
percent of medical MJ cards have been issued to individuals presenting wi eim a y s dition.
Of concern, 70% of medical MJ cards have been obtained by men, the majority being between the ages of 25 and 34 years, the demographic
most likely to have addictions. At the time of this writing, approximately 20,000 medical MJ cards have been issued and, according to the
Colorado Department of Public Health, a backlog of 50,000 existed. Either our state is experiencing an epidemic of severe pain in youthful
males or Amendment 20 is being exploited, making a mockery of responsible medicine. Attorney General John Suthers testified before the
Joint Judiciary Committees that while 800 physicians have signed for patients to receive medical MJ, 75% of patients received their recom-
mendation from one of only 15 physicians and of these physicians, at least five have had disciplinary actions taken against them. SB109 is
expected to cut down on the abuses reported by the Department of Public Health of some physicians making medical MJ recommendations
in the absence of adequate evaluation or continuity of care.
Any physician making recommendations for medical MJ must hold a valid, unrestricted license to practice medicine as well as a valid,
rontinw nn page 11
tontinwe6 fr m page 6
unrestricted DEA license. The physician must establish that a pa-
tient has a debilitating medical condition and would benefit from
medical MJ. The evaluating physician should review all pertinent
treatment records thoroughly, consult with other treatment pro-
viders involved in the patient's care, obtain a thorough history and
conduct a physical examination before rendering a diagnosis or
treatment recommendation. A bona fide doctor - patient relation-
ship is established in this scenario. Follow up care for monitoring
the effectiveness of medical MJ and changing recommendations
when indicated should occur. All of this constitutes the practice
of medicine, which means that the physician must abide by the
Medical Practice Act, including practicing within one's scope of
expertise, maintaining adequate malpractice coverage and engag-
ing in continuing education to maintain one's competency.
Physicians must consider carefully which patients are appropriate
for a medical MJ trial. While remaining sensitive to the population
Amendment 20 was intended to help, we must also abide by the
Hippocratic Oath and protect our patients from harm. Medical
MJ has not been studied the way other remedies offered to the
public are. MJ purchased from dispensaries has not been formally
investigated for safety and efficacy. No standardizations for thera-
peutic dosing have been established. The THC content in MJ can
range from 1 to 10%. Consequently, MJ is dispensed in unknown,
varying strengths. It is not monitored for purity. No testing for
the presence of contaminants (e.g., pesticides, herbicides or molds)
occurs. Importantly, unlike medications approved by the FDA, no
post - marketing surveillance will be conducted to track unforeseen
adverse side effects of MJ. It will not be subject to liability regula-
tions and will be exempt from quality control standards. Despite
being a Schedule I drug, MJ has bypassed the Colorado Prescrip-
tion Drug Monitoring Program. For all these reasons, physicians
recommending medical MJ to patients should provide careful in-
formed consent identifying the risks, benefits and alternative treat-
ments available. People requesting medical MJ should be screened
for their vulnerability to addiction and other mental illnesses.
Physicians making medical MJ recommendations should also con-
sider the liability of such a recommendation for patients work-
ing in safety- sensitive employment (for example, the healthcare
and transportation industries). Finally, it will be important for all
physicians to carefully examine their motives for recommending
medical MJ. It should be solely for the patient's benefit. Financia
incentives and personal political views should not influence treat
ment recommendations.
Of course, conflicts of interest, such as investments in dispensa
ties or financial kickbacks for referrals, are ethically and legall
proscribed.
What is unfolding in Colorado is less about compassionate car
for people with serious diseases and more about decriminalizing
MJ. Those protagonists for liberalized MJ rules have strategicalh
placed physicians smack in the middle of a political, not medical
debate. In the end, this tactical maneuver may prove to be a suc
cessful strategy for the complete legalization of MJ and other drugs
taking physicians out of the loop entirely. If not, state and federa
regulators will need to ramp up efforts to ensure that the public i
truly protected from indiscriminate dispensing practices and thos
physicians who interpret the law too loosely creating broad acre;
to a substance with high abuse potential. Stay tuned!
(For article references, pkate go to the CPHP wehrite at cphp.mg.)
DUlAxEl ;
West Nile
risk low but
still present
Buzz. Smack The sting of summer's most annoy-
ing pest is back-
Recent heavy rain and warmer - than-usual tem-
peratures have spurred the first flush of Front
Range mosquitoes - and it may gGt worse next
week
'With heavy rains like we saw last week, it sort of
acts like a double - edged sword: A lot of the breeding
mosquito larvae gets washed away, but it does leave ,
standing water behind," said Rob Kozar, an opera=
bons manager with Colorado Mosquito Control
"That, with higher temperatures, certainly does act
as good breeding grounds for mosquitoes."
Though West Nile virus has been confirmed in
Colorado in past seasons, some health .depart- '
ments monitoring for the mosquito - carried illness
"say they haven't detected - Culex piptens or Culex. .
tarsalis, the species that spread the disease.
City of Boulder monitors have been treating
adult mosquitoes collected have been the nuisance F 'j
insects, not the vector, or illness- spreading,species. . ..
In Iarimer County, counts have detected some of'tttl
the vector species, but none infected with West Nile Jp' Qj
health department spokeswoman Jane Vista said j�
"But this is the perfect time to start thinking
((FROM 1B
about ` wearing repellant,"
Viste said.
Doug Kelley,_ director of
Denver Animal and Vector
Care and Control, said test-
ing for West Nile does not of-
ficially begin until July L
Kelley -said people should
not become complacent,
even though the number of
West -Nile, cases has de-
creased in dolorado.
"There have been a lot of
people expo`se3 . to West
Nile;` so the riskislower,'bitt
it's still there and 'I don't
know it will ever go away,"
Kelley said. "People still
need to be careful and take
precautions so they don't be-
come a mosquito's neat
blood'meaV
and pathology at Colorado
State University, said CSU's
infectious- disease laboratory
has begun collecting mosqui-
to larvae and will start testing
next week
"West Nile is here to stay,"
Moore said. "If we have the
right temperature and condi-
tions, we could certainly see
another outbreak like we did
in 2063." ' -
Moore Said reports be has
received indicate less fre-
quent virus activity than in
the past; however, there has
been increased activity
among nuisance mosquitoes.
"Nuisance mosquitoes bite,
but they don't transmit any
disease, Moore 'said.
"They're just nasty little
things."
There are more than 30 spe-
cies' of mosquitoes in Colo-
rado. Few bite humans and
only. two transmit disease,
Moore said.
Aedes veians — what
Moore calls "barbecue mos-
quitoes" — are particularly
active in the evening and are
very aggressive.
"Their name means 'vex-
ing,'" Moore said, "and they
certainly are."
Bianca Davis: 3o3-954-i698 or
bsmith- davis @dmverpost.eom
14A)) NEWS FRIDAY, JUNE 18, 2010 • THE DENVER POST • DENVERPOST.COM
MENINGITIS Avoid 2 rinks not
- rrcc�ssary as bacteria - short -lives
MENINGITIS OUTBREAK _ ._„ _ .
Alert issued
for hockey
players
Brian Wormus,
29, a longtime
hockey player,
was probably in-
` fected during a
June 9 game in
Fort Collins. He
died Monday.
By Monte Wbaley
The Denver Post
PORT COLLINSi> Latimer Coun-
ty health officials are trying to find
hockey players who may have
been exposed to a potentially dead-
ly form of bacterial meningitis that
killed a father of two Monday.
The call for the hockey players
came Thursday, just as the county
deemed recent cases of meningo-
coccal meningitis an outbreak.
Three cases of meningococcal
meningitis have been confirmed in
the county, including one that
claimed the life of Brian Wormus,
29, a longtime hockey player who
was probably infected during a
June 9 game in Fort Collins.
The scope of potential exposure
to meningitis is causing concern
MENINGITIS n 14A
What to look fora Meningitis
symptoms and treatment. ))14A
((FROM lA
throughout the community,
said Adrienne LeBailly, direc-
tor of the Larimer County De-
partment of Health and Envi-
ronment.
"There are a lot of worried
people calling their doctor's of-
fice, calling their hockey
leagues with lots of questions,"
LeBailly said.
Wormus was asked to play as
a substitute goalie for a 7:15
p.m. showdown between the
Teamsters and Supermarket
teams at the Edora Pool Ice
Center in Fort Collins. He fell
ill Saturday, but by the time his
family sought medical atten-
tion for him, it was too late.
The type of meningococcal
infection that struck Wormus
can lead to a rapid death in
about to percent of cases,
health officials say.
'°This is a shock, an absolute
shock," Wormus' brother, Tim,
said Thursday. "If you were to
ask me to list 50 people that I
might thinkwould die before his
time, Brian would not be on it."
Another player in the June 9
game, who also played an 8 :45
to 1o:15 p.m. pickup game at the
Northern Colorado Ice Center
in Windsor on Saturday, is
now in critical condition with
the meningococcal infection
On Thursday, officials were
asking any players involved in
those two games who have not
been given the antibiotic Cipro
by the health department to
contact the county quickly.
"We would like to talk to
those folks," LeBailly said.
A request to contact the
health department was posted
at the Windsor rink Thursday.
Epidemiologist Kim Meyer -
Lee said no one should avoid
the Fort Collins or Windsor fa-
cilities because the bacteria that
cause the meningococcal infec-
tion don't survive very long in
the environment. "It's not a har-
dy organism," Meyer -Lee said.
Most likely, the players got it
through sharing water bottles
s.
5 -
� S
b
Brian Wormus is pictured with sons Braden, right, and Evan
Wormus, who died Monday, is believed to have contracted
meningitis at a June 9 hockey game. special to The Denver Post
About meningitis
What it is: Inflammation
of the membranes that
cover the brain and spinal
cord; can be caused by bac-
teria or a virus
Symptoms: High fever,
headache and a stiff neck,
developing over several
hours to two days
Treatment: Bacterial men-
ingitis can be treated with
antibiotics; viral meningi-
tis clears without specific
treatment
or after taking out their mouth
guards and shaking hands after
the game, LeBailly said.
Meningococcal infection is
spread through saliva and oth-
er excretions of the mouth and
nose.
On Wednesday night, the
health department gave antibi-
otics to members of both teams
that played June 9. But tracking
down players in the pickup
game in Windsor is tougher be-
cause it was not a league game
with a known roster, LeBailly
said. As many as 30 players
need to be contacted.
Since Memorial Day, four peo-
ple have gone to Poudre Valley
Hospital with symptoms of
meningococcal meningitis.
The first confirmed case in-
volved a 21- year -old male Colo-
rado State University student
who lives alone. Classes had
been out for two weeks, and his
contacts with family and
friends had been few.
"We hoped that this would
be an isolated case that occurs
once or twice a year in our
county," health department
spokeswoman Jane Viste said:
But on Monday, three pa-
tients with symptoms of menin-
gitis were brought to Poudre
Valley. Two were confirmed
— Wormus and the unnamed
hockey player who played with
Wormus on June 9 and again
on Saturday.
The third patient treated
Monday does not appear to
have meningococcal meningi-
tis but may have a case of viral
meningitis. That case is unrelat-
ed to the three other cases,
Viste said.
Tim Wormus said his broth-
er, the father of two young
sons, was not scheduled to play
in the June 9 game but when he
was called to play goalie, he
gladly accepted to help out his
friends on the team.
"He was a healthy, happy per-
son," Tim Wormus said. "This
is just absolutely stunning."
Monte Whaley: 720- 929 -0907
or mwhaley @denverpost.eom
OZONE MONITORING IN ASPEN, COLORADO
I nn tte Whitcomb
The goal for the City of Aspen's ozone monitoring program is to determine
whether ground level ozone is impacting the health of the community. Currently,
the National Ambient Air Quality Standard (NAAQS) for ozone is an 8 -hour
average of 75 ppb. EPA is proposing to strengthen the standard from 75 ppb to a
value in the range of 60 ppb to 70 ppb. Breathing ozone can trigger a variety of
health problems including chest pain, coughing, throat irritation, and congestion.
It can worsen bronchitis, emphysema, asthma and reduce exercise performance.
On December 31, 2009, the City of Aspen began monitoring ground level ozone in
response to the Forest Service's finding of the highest ozone level recorded on the
western slope on Aspen Mountain. Aspen has had ten days beginning on March 6,
2010 when the 8 -hour average for ozone was at or above 60 ppb. To date our
highest 8 -hour average is 66 ppb recorded on June 22, 2010. Determining the
sources of these levels in Aspen is the challenging aspect of monitoring ozone.
Monitoring ozone is more complex than monitoring PM 10 (particulate matter 10
microns or smaller). Ozone is a pollutant that forms in the air from other
chemicals .rather than being. directly emitted, such. as. from a tail pipe - For ozone to..
become a health issue it requires ther right mix of Nitrogen Oxides (NOx) and
Volatile Organics (VOC) then "cooked" by sunlight. The sources for NOx and
VOC are both natural and man-made, including gas drilling activities and regional
traffic.
Weather patterns play an important role in producing ozone. Wind can transport
precursor pollutants to Aspen from where they originate. There are also regional
weather events that can cause high levels of ozone, such as warm high pressure
systems or large scale air stagnation (an air mass is parked over the same area for
several days causing the pollution to build up). Also, natural events such as forest
fires can increase our ozone levels.
Page 3 of 6
With the EPA standard based on three years' worth of data, the Aspen
Fnvironmental Health Department has sufficient time to work with the Colorado
Department of Public Health and environment to study our local conditions and
sources and develop strategies for reducing ozone. The EPA has delayed
announcing its new standard until later this fall, at which time we will know how
close to the standard our levels are. Staff will continue to provide updates to City
Council and the public on our local ozone levels through a multi -media approach
using www aspenpitkin.com newsletters, public events, presentations and
radio /newspaper.
Page 4 of 6
Attachment C:
e er ra es m es auran mows
The idea of putting letter grades that reflect restaurant inspection scores has been
brought to council's attention several times in the past few years. We don't
currently use a letter grade based system in Aspen for a number of reasons. Our
restaurant inspections are performed in compliance with a contract between the
City of Aspen and the Colorado Department of Public Health and Environment.
Per that contract, we use a state provided inspection system that does not currently
have a grading system component. In addition to our current system not being
designed with a letter grade in mind there are a number of other reasons we don't
use a letter in the window:
• It creates an inspection atmosphere that discourages objective thinking and
standardized inspections. Think along the lines of "if you just don't write
that one non - critical item down I could be an A restaurant..."
It's not an apples to apples comparison. An establishment with 10
employees has 10 times the opportunities to make an employee mistake as
an establishment with one employee. Yet the one employee could make
more people sick.
• A `B" restaurant can in fact be a very clean and safe place to eat but the
public isn't encouraged to think that.way.. Even a "C" restaurant can-be
fine. With the letter system it becomes all about getting an "A ". That's
because a lower grade is apt to be a result of many small violations, which
may not cause anyone to get sick.
• Our state based inspection system, which we are required to use per our
contract, doesn't typically perform a full restaurant re- inspection unless
there are extenuating circumstances. A letter based system typically
requires this type of re- inspection to allow a restaurant to correct an
unsatisfactory grade within 10 days of the original inspection. We do not
have enough staff to perform these additional inspections.
A letter grade system encourages the restaurant to "teach to the test" instead
of thinking about food safety as a whole in the restaurant.
Page 5 of 6
• We don't have a points system tied to our inspections to establish a grade.
• We•aren't Los Angeles or NY -, we re not necessarily looking to follow
their lead on food service inspections. We feel that by focusing on being a
resource for restaurants and helping their employees understand how to
prevent foodborne illnesses, we provide much better public health
protection than would posting letter grades.
• Our current system has great results in terms food safety and minimizing
food borne outbreaks which is the goal of the program.
• In places like LA where inspections are graded and posted, there are very,
very few establishments with grades other than an "A ".
In summary, we do not have the ability to create a grading system at this time, we
believe it provides misleading information, and we think our focus on assisting
restaurants is a much more effective way to protect the public health.
Page 6 of 6
MEMORANDUM
TO: Mayor and City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer
Sara Adams, Senior Planner
RE: AspenModern
DATE: August 31, 2010
SUMMARY: The purpose of this worksession is to receive direction from City Council
on proposed code amendments to replace Ordinance #48, series of 2007. Hearings will
occur at the Historic Preservation Commission and Planning and Zoning Commission in
October, and City Council in early November.
Staff believes the extensive public process on this topic has been as comprehensive as
possible. Staff is proposing amendments to the Land Use Code that are intended to
reflect a broad range of input. While the proposed amendments may not please all
parties, staff believes they represent the many opinions and creative ideas that have
been generated during a difficult period that has been termed by some as "purgatory,"
and are a responsible way to conclude the debate.
Completion of code amendments is important from several perspectives. The topic of
postwar preservation has been significant in the community for at least 10 years.
Several City Councils have given direction leading up to this point, but have also
struggled with uncertain community sentiment. Current Council has identified policy
changes to the preservation program as a top goal for the last two years.
When the City established the Historic Preservation Commission in 1972, Aspen was
on the cutting edge of historic preservation in the United States. While postwar
preservation was a relatively new topic 10 years ago, it is a fairly common issue across
the country at this time, as evidenced by the National Trust for Historic Preservation's
TrustModern program presented in Aspen in July, and the current issue of Colorado
Preservation magazine, highlighting modernism across the state.
Following is a recap of recent discussions and accomplishments, followed by a proposal
for a new ordinance entitled AspenModern. Staff envisions a process for evaluation
and treatment of postwar resources which differs from current practices for Victorian
properties. Within AspenModern, fewer properties are top priorities for designation,
more reviews are "over the counter," and more, customized incentives are possible.
AspenModern may serve as a model for other communities struggling with similar
issues.
• A Historic Preservation Task Force was appointed, met with dedication for 19
months, and delivered a report with numerous recommendations to City Council.
• Of the 53 properties listed on Ordinance #48, in place since December 2007, 19
have pursued some type of review or building permit, while 34 remain in status
quo. Only one voluntary designation was completed, while four are pending.
Two properties have been demolished and one (The Given Institute) is
endangered.
• The City produced a professional documentary presenting the issues
surrounding postwar preservation in Aspen. This documentary was screened in
several locations and included a public survey.
• The City presented a well attended documentary on renowned modernist
architect John Lautner, who designed a home near the roundabout.
• The City commissioned two new historic context papers on Pan Abodes and
Modernism.
• Staff produced a new video highlighting information presented in the historic
context papers, paired with a survey. The results of the survey are attached to
this memo.
• The City was selected by the National Trust for Historic Preservation to host one
of four Modern Modules held across the country to showcase postwar
preservation. Aspen was the smallest community selected for this National
Endowment for the Arts sponsored program. The City is awaiting receipt of a
"coffee table" booklet on AspenModern being prepared by the National Trust for
Historic Preservation as part of a series that will also include the cities of Los
Angeles, Minneapolis and Boston.
Staff has sought to incorporate public feedback in a compromise solution to the major
issues regarding the preservation of postwar resources. The following are primary
examples (expressed in generalized terms) of ideas that helped to shape staffs
proposal.
Historic Preservation Task Force
The Task Force expressed that no changes should be made to the designation process
for Victorian era properties, which is consistent with this separate ordinance addressing
AspenModern.
The Task Force supported the idea that Aspen's postwar history is a story worth telling,
and that there are properties associated with that history that are worth preserving.
They supported the concept of using historic context papers, integrity scoring, and a
tiered system for evaluating the historic significance of Aspen's postwar properties and
they supported the idea of awarding the most incentives to the best examples. This is
the framework of the new ordinance.
K
The Task Force suggested that City owned properties be evaluated for designation
before all others. They recommended that the City offer free analysis to Ordinance #48
property owners, to help them understand their options, special considerations of their
buildings, etc. They recommended waivers of City review and development fees.
These benefits have been incorporated.
The Task Force was divided on several issues, which may or may not be satisfactorily
addressed by the Aspen Modern proposal. For instance, the group was highly divided
regarding the topic of voluntary vs. involuntary designation and did not vote in support of
Rustic, Wrightian and Modern Chalet as postwar styles worthy of preservation. (HPC
and Council later directed that academic research be produced nonetheless, to add to
the information available to make a final decision on this topic.) The Task Force spent
significant time discussing general concerns with the mass and scale of development in
the community. Their recommendations in that regard are being addressed through the
Community Plan, which is currently under review by the Planning and Zoning
Commission.
TrustModern
The panel discussion presented by the National Trust for Historic Preservation in July
2010 included speakers that were not directly associated with the City. These speakers
seemed to have common ground in expressing that there are postwar resources in the
City of Aspen worthy of preservation efforts.
The panel discussion was followed by a roundtable the following morning, involving
citizens from many different perspectives. Feedback which is being addressed in the
AspenModern proposal includes the point that local government and its review
processes can be an obstacle to property owners engaging in historic preservation.
The staff proposal includes good faith efforts by local government to provide property
owners with timely assistance, reduced costs, and professional expertise.
Council direction
There have been more than 14 worksessions with City Council focused on postwar
preservation since the last major overhaul of the preservation ordinance in 2002.
Council input throughout that time has included the scoring systems, demolition delay
tools, etc. Current Council has indicated support for identifying and protecting historic
resources from Aspen's 20 Century history.
Council has noted that aspects of Ordinance #48 may be worth retaining, but an
improved process is needed. A hybrid system, as presented in the AspenModern
concept, incorporating both voluntary and involuntary designation when necessary, was
met with interest from Council following the conclusion of the Task Force. Mayor
Ireland termed the top tier properties "super properties."
Several Councils have reinforced the importance of a compelling and consistent
message using a wide variety of tools and methods, including a website, video
presentations, newspaper, magazine and radio, brochures, community forums etc.
Staff believes that this communication has greatly improved in recent years, and that
3
recent feedback and support has generally been more positive. Aspen Magazine is
profiling postwar preservation in the upcoming Fall issue.
Staff wants to build productive and working relationships with property owners
so that participation in AspenModern is viewed as a privilege or honor. As such,
staff proposes moving forward as follows:
Step 1: Council confirms or amends the AspenModern proposal presented in this
memo.
Step 2: Staff sends letters to the property owners listed on Ordinance #48 explaining
the proposal, meetings dates for review, and contact information to set up 1:1 meetings
with Staff if desired.
Step 3: Council determines which styles of architecture are included in AspenModern.
This determination is scheduled for Council's October 12 agenda.
Step 4: Council hears First Reading of the AspenModern ordinance on November 8,
2010. In general, the ordinance models Aspen's existing landmark program with some
key exceptions, namely that the regulations and incentives applied to properties in the
program are tied to their classification /scoring. The purpose of classification is to
prioritize preservation efforts that have the most value to the community. Only the "best
of the best" examples (Class 1) may be subject to mandatory designation.
AspenModern resources which score below a certain threshold (below Class III) are not
eligible for designation.
Step 5: By early 2011, the scoring system is vetted by HPC and adopted by Council.
Step 6: By Spring 2011, all properties listed on Ordinance #48 that have not already
been landmarked are scored by Staff and classified as Class 1 -III or Not Eligible.
Professional input from a Third party is sought if directed by Council. Council
establishes a deadline for scoring to be completed. At that time, Ord. 48 is fully
replaced by the new ordinance.
Step 7: Affected property owners are delivered a binder summarizing the
AspenModern program.
Key Aspects of AspenModern
1. As an assurance to the community, no properties other than those listed on
Ordinance #48 will be classified in the AspenModern program for a period of 10
years from the adoption of AspenModern, unless requested by the owner.
2. Any properties which are examples of the architectural styles included in
AspenModern, but which were not listed on Ordinance #48 (because they are
outside the mountain to river boundary or because they are multi - family
properties) are eligible to volunteer for scoring, classification, and ultimately for
designation if the property owner desires. Staff estimates that there are
approximately 30 such properties that could be eligible to come in to the
AspenModern program this way. Between the Ordinance #48 properties and
these additional sites, approximately 80 properties could participate in
AspenModern, most of which are likely to be on a voluntary basis.
3. Any property of any classification that is reviewed and found not to meet the
designation criteria will be removed from the AspenModern program and cannot
be reconsidered for at least 10 years from the adoption of the ordinance, or at
least 2 years if re- evaluation is requested again by the property owner.
4. Owners of properties scored Class 1 can appeal the classification to the Historic
Preservation Commission, whose decision cannot be reconsidered for at least 10
years from the adoption of the ordinance.
5. The actual review process for landmark designation mirrors the current program
for the Victorians: City Council is the final review authority for designation after
receiving a recommendation from HPC.
6. Application for designation of all Class 1 properties owned by the City will be
made within one year from the adoption of AspenModern.
Council options at this time include revoking Ordinance #48 and taking no further action,
leaving Ordinance #48 in place and taking no further action, reviewing designation
eligibility only for City owned properties, or creating a new program that builds on past
work and recommendations, as is the intent of the proposed AspenModern ordinance.
Attachments:
AspenModern Matrix & Key Aspects of the Program
Results from recent online survey
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Historic Preservation Survey - Printable Report
Did you watch the video?
Responses
some
Page 1 of 3
Total
Number of Responses for this Item: 22
Do you feel enough Information was presented for you to form an opinion on the value of
preserving examples of Aspen's postwar buildings?
Responses
Total
Number of Responses for this Item: 22
Are the examples of Victorian era buildings still standing in town one of the things you appreciate
about living In Aspen? (Would you miss them if they were gone ?)
Responses
I don't lore
Total
Number of Responses for this Item: 22
Do you think the Victorian era buildings make Aspen a more attractive place to visit?
mhtml:fileJ /CADocuments and SettingAsamADesktopWistoric Preservation Survey - Print... 812612010
Historic Preservation Survey - Printable Report
Responses
no
Page 2 of 3
Total
Number of Responses for this Item: 22
Are the types of postwar era buildings shown in the video one of the things you appreciate about
living here? (Would you miss them if they were gone?)
Responees
I don't Ih
Number of Responses for this Item: 22
Do you think the postwar era buildings make Aspen a more attractive place to visit?
Responses
no
Number of Responses for this Item: 22
Do you feel that any of the following types of postwar era properties discussed in the film are
significant to Aspen's history? (Check one or more)
Total
Total
mhtmMiile:// Mocuments and SettingAsaraiMesktopUstoric Preservation Survey - Print... 8/26/2010
Historic Preservation Survey - Printable Report
Responses
chalet
modern (organic and bauhaus)
rustic
pan abode
modern chalet
none
Page 3 of 3
Total
Number of Responses for this Item: 22
Do you think that archives (documents and photographs) and artifacts (objects) alone are enough
information to represent Aspen to future generations?
Responses
no
Total
Number of Responses for this Item: 22
mhtml:file: / /C:\Documenta and Settings\saraa \Desktop\Historic Preservation Survey - Print... 8/26/2010