This is a view of the former Pan and Fork site in Basalt to the west. Urban Basalt River Park is to the left of the Roaring Fork River.

Aspen Times file

Who wears the black hat when it comes to the unsightly black fence in the heart of basalt? It depends on the perspective.

Basalt officials are upset with the Roaring Fork Community Development Corp., which has maintained the fence on property between Midland Avenue and the Rocky Mountain Institute for the past three years. A development group led by Tim Belinski has the option to purchase the property and has received city approval for a project. In addition, the city has a contract to purchase approximately 1 hectare of the property to expand a riverside park.

However, Belinski’s group will not complete the purchase until the Federal Emergency Management Agency revises their floodplain map and confirms that the property is open to development. The process can take months.

Meanwhile, basalt officials and some townspeople are becoming increasingly excited about the fence. Mayor Bill Kane reported to the rest of the council on Tuesday that he had reached out to several Roaring Fork CDC related parties over the past few days about the fence.

“You are not inclined to tear down the fence until the deal is closed,” said Kane. “The black fence will be with us for a while.”

Roaring Fork CDC President Michael McVoy said it was within the power of the city to take action that will result in the removal of the fence, at least on the property the city will buy.

“We have defined exactly what it takes,” said McVoy. “The reality is, the city controls when the fence falls.”

Roaring Fork CDC offered earlier this year to separate the city’s acquisition of real estate from the Belinski Group’s purchase of the remainder of the property. Unlike Belinski, the city doesn’t need a revision of the FEMA flood map to close the property.

McVoy said the city government was unable to take the necessary steps to complete the purchase. He received a letter from city staff this week stating that more time was needed to put together all of the information needed to get a final breakdown.

Kane said work should be completed within the next month to complete the plat so the town can be bought. He said subdivision of the property would only be possible after Belinski received his permit. That was in February. Kane admitted that he was disappointed that the process took so long.

McVoy said additional bureaucratic moves slowed the sale of the property. He said he is urging the city to apply to FEMA for the flop revision card in July 2019. Roaring Fork CDC, Belinski’s group and the city government agreed to split the fee for the process. The application was only submitted earlier this year. City officials previously said a development plan was required prior to application; McVoy denies that.

Once FEMA approves the card revision, which is expected each day, there is an appeal period of 120 days.

According to McVoy, private investors who helped Roaring Fork CDC acquire the property want to complete the sale – and thus the removal of the fence – as soon as possible. They are not paid back until the sale is complete.

Kane is optimistic that the part of the town’s sale can resume in a few weeks.

scondon@aspentimes.com