Central City citizens turn out in force for Amendment 64 legislation
By David Josselyn
Call to Order
The Central City Council was called to order by Mayor Ron Engels at 7:04pm on Tuesday, February 19h. All council members were present.
Consent Agenda
Items on the consent agenda included the Regular Bills lists of February 7th and 14th and the City Council minutes of February 5th. Alderman Bob Spain moved to approve the consent agenda and Alderman Shirley Voorhies (more…)
Marijuana moratorium, land purchase, standing up for local government
By Lynn Volkens
Black Hawk Mayor David Spellman and City Council members Linda Armbright, Paul Bennett, Diane Cales, Jim Johnson, Greg Moates, and Benito Torres began their meeting of February 13, 2013 by recognizing the lifesaving (more…)
Gregory Street back on two-wheeling route
By Lynn Volkens
Bicyclists riding between Black Hawk and Central City can again sidle up to tour buses, shuttle buses, gaming and local traffic on a .4 mile stretch of Gregory Street that they’ve been banned from riding since 2010. Last week the Colorado Supreme Court overturned both the trial and district court rulings which had upheld the ban, and ruled instead that Black Hawk’s ordinance enacting the ban violated state law. Justice Gregory Hobbs, in delivering the opinion of the court, wrote that state law pre-empted Black Hawk’s municipal law because the municipal ordinance conflicted with specific statutory provision (Colorado Revised Statute 42-4-109 (11) ) “in a matter of mixed state and local concern.” The court found that Black Hawk could not ban bicycles from Gregory Street as it is the only route connecting Central City to Highway 119 and from there to other destinations such as Nederland. Further, Black Hawk was in violation of state law because no alternate route for the cyclists was provided within 450 feet of the banned route, as is required by statute. Because the matter went beyond local impact, the court also found that Black Hawk’s authority as a home-rule city did not apply.
For Black Hawk officials, the matter came down to one of safety and local authority. In 2009, acting on their authority as a home-rule city, the city council passed an ordinance authorizing them to ban bicycles, as well as other on-motorized vehicles, from any city street if it was found their use on those streets was incompatible with safety and the normal movement of traffic. City officials determined that streets in the commercial areas of Black Hawk, Gregory Street being the one with the most impact, were not suited to bicycle traffic because of narrowness and the heavy commercial use of these streets by large buses and delivery trucks. The .4 mile stretch of Gregory Street posted “No Bicycles” is a two-lane road with no room for shoulders. The incompatibility of simultaneous bicycle and commercial traffic was supported by an engineering and traffic study. Black Hawk’s ban, enacted in 2010, forced bicyclists to dismount and walk that stretch along the city’s sidewalks. That year, several cyclists chose to ignore the law and were ticketed by Black Hawk police. Three of them, Jamie Webb, Jeffrey Hermanson, and Michaleen Jeronimus fought the charges, unsuccessfully, through municipal court. They appealed to the district court, again unsuccessfully. These lower courts recognized the engineering and traffic study as a rational basis to promulgate the bicycle ban, and both courts determined that Black Hawk had the authority as a home-rule city to enact it. Then, with pro-bono legal counseling and support provided by Bicycle Colorado, a cycling advocacy group, the ticketed parties took their appeal to the Colorado Supreme Court.
The Colorado Supreme Court takes up a limited number of cases, hearing only one in fourteen cases, according to their website. The seven justices took up this case, Webb v. Black Hawk, in August, 2011 and then heard oral arguments from each party’s attorneys on November 8, 2011. Each attorney was allotted 30 minutes to make his case. The recording of those arguments show Justice Hobbs repeatedly interrupting Black Hawk attorney, Corey Hoffmann, while the opposing attorney, Paul Schwartz makes his argument smoothly. At one point, Hobbs appeared to make Schwartz’s argument for him, saying Black Hawk was making their decision to ban bicycles based on economic reasons rather than safety and topography. As the court routinely takes one to nine months to announce a decision, Black Hawk had not anticipated the ruling for several more months. David Spellman, mayor of Black Hawk, said it seemed to be an emotional ruling. Meanwhile, Bicycle Colorado claimed victory. Hobbs had written “Bicycling has long been a favorite recreational pastime of Colorado residents…” and cited several cycling events held in the state. Noting that “Bicycling is also a popular method of transportation,” Hobbs went on to say that cities in Colorado “have worked hard to accommodate and promote bicycle commuting,” and that bicycling as a mode of transportation is strongly endorsed by the Colorado General Assembly and that statute requires transportation planning to accommodate the needs of bicyclists. Bicycles are included within the state’s definition of “vehicle” and are subject to the same traffic regulations as automobiles. As such the cyclist is also subject to all the duties and penalties applicable to drivers of other vehicles.
When the Supreme Court overturned the ruling of the lower courts, upholding Black Hawk’s ban, the decision was watched not only by bicyclist advocacy groups, but also by numerous other municipalities and governmental agencies throughout Colorado and beyond. Conflicts between drivers of motorized vehicles and bicyclists have been recorded in the mainstream media on a more heightened basis in the past year. Other governmental officials, including Gilpin and Jefferson County commissioners, have heard complaints and considered solutions specifically when dealing with bicyclists on narrow two-lane mountain highways. Cycling advocates were also aware of the controversy. At the time Black Hawk initiated its ban, Bicycle Colorado members expressed concerns that Black Hawk’s ban would set precedent; similar bans could spread to other cities with the undesirable result of further restricting their riding access. That fear was not ungrounded. In 2010, Black Hawk’s city manager reported he’d been contacted by officials of other municipalities asking how to do the same thing (bicycle bans) in their cities. These cities had adopted a “wait and see” attitude, said then Black Hawk City Manager Mike Copp, postponing enacting their own bans to see if Black Hawk’s would be challenged.
Mayor Spellman said Black Hawk is now taking a look at options, but has no plans to build an alternative bicycle route. The confines of Gregory Gulch, with steep canyon walls and a creek flowing through the flume beneath the street, would make it difficult and expensive to widen the .4 mile stretch of Gregory Street at the center of the ban. The geography is also not conducive to creating a bike path within the 450 feet required by law. “Black Hawk has absolutely no plans to make any special accommodations for bicycles,” Spellman said, following the Supreme Court’s announcement. The court’s ruling determined the limits of Black Hawk’s municipal authority, but did nothing to insure the safety of those traveling Gregory Gulch.
Deputy at school, meeting with Dory Lakes officials
By Lynn Volkens
Gilpin County Commissioners Buddy Schmalz, Connie McLain and Gail Watson met February 12, 2013. They took another look at a proposal to employ a full-time deputy at Gilpin County Re-1 School District, and they moved forward with the erection of a radio tower near the Justice Center on Dory Hill Road.
Personnel Policy Amendments
Following up on amendments recommended by Human Resources Director Susie Allen at their last meeting, Commissioners adopted Resolution 13-01, revising the document and changing the document title from “The Gilpin County Personnel Policies and Guidelines” to “The Gilpin County Employee Handbook.” The revisions, discussed at a work session on January 31, 2013, include allowing volunteer emergency responders (mainly firefighters) to continue to draw their County pay while responding to a very limited number of emergencies, as needed (natural disasters such as a wild land fire, and structure fires). Other revisions mentioned, and Allen said there were a lot of them, include marijuana prohibitions and the appeals process for employee disputes. The final Handbook is to be distributed to all employees and meetings will be held to discuss the revisions.
Treasurer’s and Public Trustee’s Reports
Gilpin County Treasurer Alynn Huffman presented her January report showing 0.53% of County Taxes collected as of January 31, 2013. At that time, the County’s coffers contained a grand total of $8,527,889 (compared to $8,028,669 at the same time last year). The breakdown of the ten funds making up that grand total are as follows: General Fund, $6,090,259; Department of Human Services, $779,727; Public Works, $589,896; Solid Waste, $169,365; Retirement, $159,265; Public Health Agency, $155,002; Library Fund, $68,250; Retirement Fund, $61,797; County Abatement, $505; and Capital Improvement Fund, $0.
Huffman also presented the 2012 Fourth Quarter Public Trustee Report showing the Trustee’s beginning balance on September 30, 2012 as $60,953; Income (sales, releases, interest) totaling $36,793; Disbursements (Clerk fees, advertising, redemption/refunds, Kuvera fee, eFees, Public Trustee fund) totaling $38,062; and an Ending Balance on December 31, 2012 of $59,684. Commissioners accepted the report and Huffman disbursed $9,399 I Public Trustee fees and interest collected for this period. She also issued a check to Commissioners of $8,822 from her operating account for deposit to the Public Trustee Salary Fund encompassed in the County’s General Fund, to cover the 2012 fourth quarter salaries and invoices. A third check, issued to the Gilpin County Public Trustee Reserve Account was in the amount of $577 and represented the balance of fees and interest collected which must be put into the Reserve to maintain the amount that was budgeted for 2012.
The Public Trustee 2012 annual report (January 1-December showed a Beginning Balance of $66,741; Income of $149,105; Disbursements at $156,162; and an Ending Balance of $59,684. In total, the Trustee disbursed the Public Trustee fees and interest collected for 2012 in the amount of $26,637; issued checks to the Commissioners in the amount of $26,976 for the Public Trustee Salary Fund and $339 to the Reserve Account.
Huffman provided a summary of foreclosures in Gilpin County for 2012 in its entirety. Foreclosures numbered 56 in 2012 (down from 86 in 2011). Releases were up: 458 in 2012 compared to 345 in 2011.
Pine Ridge Boundary Line Adjustment
Adjacent property owners of Pine Ridge Parcels E (Daniel Marks) and Parcel D (Laura Danley) have come to an agreement that will settle a setback encroachment at 34982 Pine Ridge Lane (off Camp Eden Road). The parties have been working on a resolution since last summer. They’ve agreed to a Boundary Line Adjustment (BLA) which will eliminate the need for the variance which Marks had originally requested. Community Planner Ray Rears brought Commissioners up to date on the matter and they approved BLA 12-02, which will be filed with the County Clerk and Recorder.
Mountain Family Health Centers Agreement
Commissioners approved an agreement for Mountain Family Health Centers (MFHC) to provide medical services for Gilpin County residents. Specifically, MFHC will provide flu shots for Gilpin County residents, on a first come-first served basis at a charge of $10 per resident. The County stipulates how many doses it will fund each year and MFHC purchases that number and administers them. Public Health Coordinator Ann Marie Bailey said she had authorized purchase of 200 vaccines for this flu season and that there are still some left. Due to poor attendance at flu “clinics” this year, Bailey said she was discontinuing the clinics and vaccines would be given at MFHC. MFHC also administers Hepatitis B vaccine to county employees, as required. Gilpin reimburses MFHC services at the rate of $35 per hour for the Registered Nurse; $20 per hour for the Medical Assistant; and $00.485 per mile for travel time. The agreement is effective January 1, 2013 until terminated. MFHC is currently looking for a doctor to staff the center in Black Hawk.
School Requests On-site Deputy
Gilpin County Undersheriff Jon Bayne presented a proposal to have a deputy stationed at Gilpin County School on days the school is in session. While at the school, the deputy would respond to calls to service at the school. There were 121 calls for service at the school in 2012 and the Sheriff’s Office reports 345 hours were spent at the school by a deputy doing school checks. While at the school, the deputy would be expected to maintain high visibility to aid in detection and prevention of dangerous incidents and crime at the school, and act as a liaison and resource for school personnel, parents and the Sheriff’s Office. The cost for a deputy, including base pay and benefits at 41%, would be $73,602. During summertime and school breaks, the deputy would be assigned to routine patrol and other duties at the Sheriff’s Office. The proposal shows there will be 151 days in the school year for 2013 and that there would be 57 days when the deputy would not have to be on site. Undersheriff Bayne provided a survey showing how neighboring counties are handling and funding duty school officers. Boulder Valley School District (BVSD) has one School Resource Officer (SRO) who stays mainly at one school, but does travel to others. Deputies do school checks as well. Boulder County funds the SRO. In St. Vrain Valley School District, the school district funds 1 ½ of two SROS and Boulder County funds the additional. Jefferson County Sheriff’s Office has nine deputies and one sergeant who are SRO’s for the schools in unincorporated areas only and who deal mainly with juvenile problems when not at the schools. JeffCo funds these SROS 100%. Neither Summit nor Grand County have SRO’s. Clear Creek County has one full-time salaried SRO for which the school district pays Clear Creek County $25,000.
Gilpin Commissioners told Bayne to continue with the current school coverage for the remainder of this school year. Commissioners plan to meet with Gilpin School Board members to discuss the school’s current safety plan, the need for an officer and how to fund that officer’s pay and benefits. Gilpin School’s Interim Superintendent, Morris Ververs, told Commissioners the school board has not committed to funding an officer. After meeting with the school board, Commissioners plan to hold a forum for the community regarding putting an officer on duty full-time at the school. Following those meetings, Commissioners hope to have a plan in place before school starts again in the fall. Commissioner Watson stressed that there are children in Gilpin County who attend Boulder Valley School District schools, and she wants to make sure whatever the County does is fair to that district as well.
Dory Hill Radio Tower
Steve Watson, the County’s Emergency Preparedness Director and Communications Supervisor, asked Commissioners to approve additional funding of $9,000 so that he could move forward with erection of a radio tower on the east side of the Justice Center on Dory Hill Road. Commissioners had budgeted $25,000 for the project, but the project cost will be $34,000. Watson said he needed immediate approval as a deadline to meet federal regulations had expired last Friday. Commissioner Watson objected to the last minute presentation, noting as a new commissioner, she was not up to speed on the tower project. She also expressed concerns that the tower job had not been put out for competitive bids. The proposed plan utilizes a tower Sheriff Hartman had acquired from an agency that was scrapping it a few years ago. That tower can be reinforced and rebuilt to serve Gilpin’s needs, thus keeping the cost to $34,000. The bulk of the cost is for the concrete pad to anchor the tower, which is proposed to be 140 feet high and will not require a flashing red light at the top. The main purpose of the tower will be to comply with federal regulations requiring that law enforcement stop using broadband frequencies by January 1, 2013 (Gilpin has a one year waiver). The tower will primarily improve communications for Gilpin law enforcement and allow them to communicate with agencies in nearby counties and the metropolitan area. It is hoped that a cell phone service provider will utilize the tower as well. Commissioners determined that they would be risking less than $10,000 and that, with a performance bond written into the contract, the risk was reduced of erecting a used tower that, for whatever reason, didn’t work. They voted unanimously to proceed with the used tower.
Departmental Reports
The Human Resources January report shows the County was employing a total of 176 people at the end of last month; 112 are full-time employees; 56 are part-time (6 with partial benefits); and 8 Property Tax Work off Program participants. Turnover in 2012 was 25%, up from 11.81 % in 2011 and 16% in 2010. Human Resources Director Susie Allen had compiled turnover statistics via Mountain States Employers Council (MSEC) for the years 2005-2011 which show that “Gilpin appears to have a consistently higher turnover rate than other Colorado governmental agencies.” The average length of service for all current full-time Gilpin County employees is 7 years and 9 months. Based on age-related information, Allen speculated that 24 employees (excluding Property Tax Work Off Program participants and elected officials) will retire over the next five years.
At the Parks and Recreation Department, the January report shows 1,076 individual County residents used the Community Center last month, comprising a total of 4,238 visits. Adding observers, non-residents and class attendees brings the number of individuals up to 1,376 and the corresponding total number of visits up to 5,321. Drop-In Admission fees raised $2,618 in revenues for January, and Membership fees brought in $6,268. Eighty-five children are participating in the youth basketball program, including quite a few from Nederland. There are now a dozen teams. The spring season of Adult COED Volleyball is beginning shortly.
The Sheriff’s Office/Detentions Division January report shows 79 total bookings for last month (61 male). The breakdown of agencies originating the arrests: Gilpin County Sheriff’s Office, 42; Black Hawk Police Department, 18; Central City police Department, 12; Colorado State Patrol, 5; and Division of Gaming, 2. Sixty-one of the arrests were gaming-related. Six arrestees were Gilpinites. The average daily population at the County Jail was 47 inmates.
Historic Preservation Commission Application
Commissioners appointed Mike Keeler to fill a vacancy on the County’s Historic Preservation Commission.
Executive Session
County Attorney Jim Petrock requested an Executive Session to discuss the Limited Gaming law with Commissioners.
Dory Lakes Work Session
Dave Hunter and Mike Lobato introduced themselves to Commissioners as the new president and vice president, respectively, of the Dory Lakes Property Owners Association (DLPOA). That board is currently seeking one more member. County Manager Roger Baker and County Attorney Petrock brought the DLPOA officials up to speed on the water storage arrangement, and history, that the County has with DLPOA. Hunter said his top priority is revitalizing the playground/park area in the middle of the subdivision. Commissioner Schmalz commented that there might be a way to work together with the County on that project, at least in restoring the baseball field, as the County needs another place for Little Leaguers and others to practice.
Heads Up
Gilpin County Commissioners meet next on February 26, 2013.
Council now eligible for city employee insurance
By David Josselyn
Call to Order
The Central City Council was called to order by Mayor Ron Engels at 7:12 pm on Tuesday, February 5th. All council members were present.
Consent Agenda
Items on the consent agenda included the Regular Bills lists of January 17, 24, and 31 and the City Council minutes of January 15. Council Member Glo Gaines raised an objection to the passage of regular bills on account of blank spots on debit card purchases. It was agreed that future purchases must include a description to be included on the regular bills list for approval. Passage of the consent agenda was approved unanimously.
Public Forum/Audience Participation
Central City resident Ricky Richards got up to address the council on the issue of Ordinance No. 13-02 regarding marijuana and marijuana accessories. Mr. Richards was informed by Mayor Engels that a public forum is scheduled to be held on February 19th and could address the issue at that time. The mayor also informed Mr. Richards that he was welcome to address the council tonight, but no decisions would be made until after the public hearing. Mr. Richards decided to wait until the public hearing and gave up the floor.
A Resolution for Central City Employee Insurance
Finance Director Shannon Flowers presented Resolution 13-04 to the council. Resolution 13-04 would allow council members to participate in the city’s employee insurance plans as long as they agreed to pay 100% of the premium costs. After brief discussion regarding a mandatory 30 day waiting period, Mayor Pro-Tem Bob Spain moved to adopt the resolution. Council Member Shirley Voorhies seconded the motion and the resolution was passed unanimously.
A Resolution for Posting Ordinances and Meetings
City Manager Alan Lanning presented Ordinance 13-01 which would limit posting of new ordinances and meetings of the Council to the post office and city hall. Council Member Kathy Heider supported the idea of posting in the post office since there are people that go to the post office every day, but do not go by City Hall on a regular basis. Council Member Gaines moved that the ordinance be adopted and Council Member Voorhies seconded the motion. The ordinance was passed unanimously
Marijuana put on the back burner
Two Ordinances on the agenda were opened, but postponed due to the absence of Deputy City Attorney Marcus McAskin. The ordinances, Nos. 13-02 and 13-03, are regarding marijuana, marijuana accessories, and the regulation of cultivation in residential structures. Mayor Pro-Tem Spain moved to open and continue the public hearing on these ordinances to February 19th. Both motions were seconded by Council Member Voorhies and unanimously passed.
High Praise for Publics Works’ update
Council Member Glo Gaines complimented Public Works Department Director Kent Kisselman and his updates as they looked like “newsletters and people like newsletters.” The Council Member asked if it were possible to distribute the updates in the same or similar format to the public via the monthly water bills. Mayor Engles inquired about the added cost and asked for an estimate before spending other people’s money.
Veterans from the U.S.S. Enterprise to visit Central City
Vice Chairman James Voorhies, a veteran of the U.S.S. Enterprise (CVN-65) addressed the council regarding the visit of the Navy Veterans Association Reunion this September. The reunion consists of veterans that served upon the longest serving combat vessel within the U. S. Navy, the U.S.S. Enterprise. The reunion is scheduled for September 4th-8th of this year and includes Colorado Springs, Golden, and Central City. While here, the veterans will be accommodated by The Reserve Casino. Vice Chairman Voorhies asked for a proclamation from the City of Central to offer to the servicemen and inquired if a banner could be hung welcoming the vets to Central City.
CDOT to help Central City?
Joe Behm, executive director of the Central City Business Improvement District, addressed the council regarding the pending closure of the eastbound off-ramp from I-70 at Hidden Valley. Mr. Behm suggested that the City is in the unique position of being able to make “lemonade out of some lemons” and ask the Colorado Department of Transportation for favors including the use of variable message signs advertising Central City and the Parkway.
No further items were discussed and the meeting adjourned at 7:35 pm.
Heads up
The next Central City Council Meeting is on Tuesday, February 19th.
Temperatures rising over pending off-ramp closure
By David Josselyn
Work Session begins with a petition to join coalition
I-70 Coalition Board Member Mary Jane Loevlie addressed the Central City Council during its work session, Tuesday, February 5th. The I-70 Coalition is a group whose mission is to enhance public accessibility and mobility in the I-70 Central Mountain Corridor and adjoining dependent counties and municipalities through the implementation of joint public and private transportation management efforts. The Coalition serves as an advocate for the interests of the communities along the I-70 corridor from Clear Creek to Garfield counties. “The main thing we have accomplished is CDOT listens to us,” emphasized Ms. Loevlie. She gave a brief history of the Coalition to the council and then made an appeal for Central City to join saying, “working together we can get things done, and we can get things done better.” One of the ways the I-70 Coalition has made an impact locally is that the mountain communities have agreed to put off their own pet projects in favor of the Twin Tunnels project, Mary Jane Loevlie stated. The Central City Council agreed to discuss joining the coalition.
Temperatures rise as CDOT makes an apology
Jim Bemelen, I-70 Mountain Corridor Manager and representative from CDOT, addressed the Council by beginning with an apology. He stated that no excuses can be made and he would take the responsibility. Bemelen was referring to the Twin Tunnels Project which will widen the eastbound lanes through the tunnel creating three lanes from Idaho Spring to Floyd Hill. During the project, the eastbound off-ramp from I-70 to Hidden Valley, the Central City Parkway, will be closed starting Monday, February 11th for about one month. City Manager Alan Lanning was informed of this closure less than seven days before the work session. The apology from Jim Bemelen was met with resistance from the members due to the short notice, inconvenience and financial impact the lane closure will have on the city. Manager Lanning estimates that there will be a loss of $195,000 in revenues and taxes for the City during the period of ramp closure. He also declared that this does not include the additional loss of future revenues from people who decide not to come back because of the hassle. Jim Bemelen, true to his word, made no excuses, but offered no solutions. Mayor Engels demanded that CDOT put together an explanation of why the closure is necessary and offer solutions for a work-around. The mayor requested this be done before Monday, February 11th, the day of the closure. Mr. Bemelen asked when would be a good time for the council to meet and Mayor Engels responded that they would open their schedules to be available to CDOT as soon as CDOT is ready with their presentation.
Meeting with County Commissioners takes priority
By Lynn Volkens
Timberline fire Protection District’s Board of Directors met the evening of January 30, 2013 to discuss their goals for this year and develop plans to accomplish them. President Rick Wenzel and Board members Jim Crawford, Kay Johnson, Paul Ondr and Chris Samuelson were present. As the intent of the meeting was to deal specifically with Board goals, the fire chief and administrators were not in attendance.
Ondr got the work session off to a start by stating that he had three items on his list of goals: Board Policy; Station Locations and Conditions (specifically the potential of a ninth station, to be located in Rollinsville, and the existing Station 1 near Pinecliffe); and TFPD’s Relationship with Gilpin County.
Wenzel’s two-item list concurred with Ondr’s: Board Policy/Procedure; and the proposed Station 9.
Johnson also wanted to address Board Policy. She added Systems Issues to the list, saying that she’d like to see a system of monitoring and tracking the maintenance on vehicles and other maintenance issues plus a system to insure that there is follow through on maintenance needs. Noting “This may be a Chief’s thing,” she said that people have to be able to track information from the Chief and see a resolution. Johnson raised concerns about how many firefighters are really responding, if it’s always the same people and, if so, why. She asked if the new trainees are being monitored and how long it takes them to move from trainee status to that of firefighter.
The first item Samuelson mentioned was Performance Goals, Improvement and Tracking. He said TFPD needs to be able to show the public the direct benefits to taxpayers of the investments made. He also asked about firefighters “graduating up” to various certifications. “Are we making it valuable and worthwhile for cadets?” he asked.
“We have fundamental communication problems all the way from the top down,” Crawford commented. Communicating Better with the Community was the first item on his list. TFPD’s next Board election will be in May of 2014 and Crawford said he hoped TFPD could generate some interest in it, as well as building community awareness of best practices in fire mitigation, safety and being proactive about personal healthcare. “The best quality service is if the trucks don’t have to go out the door,” he stated. Next on Crawford’s list was Review and Update the By-Laws; Define the Process of Electing Officers; and Funding Avenues. Regarding the last item, he said TFPD needs to determine “how much do we need and what for” and then consider funding opportunities, including payment for wild land deployments, grants, and initiating fees to have the Fire Marshal review plans for new commercial construction to make sure it complies with the current fire codes. Crawford pointed out that should TFPD want to pursue a mill levy (tax) increase, that process could take several years. Developing a fee schedule for responding to calls in no-man’s lands (stipulated as non- U.S. or Colorado Forest areas that are not paying for fire protection services) was also discussed.
Samuelson asked “What denotes a ‘good’ district from a ‘bad’ district?” The Board discussed National Fire Protection Association (NFPA) standards, response time, station location, and Insurance Services Operation (ISO) rating. Ondr suggested the Board could ask the chief to come up with some metrics to use as measurements. Samuelson countered that he’d like a third party to do that, stating “Asking the chief, ‘What (criteria) do you want or think we should meet?’ – we’d be shirking our duty.”
By 9 p.m., the Board members had combined and honed their lists to three areas they plan to address first: Governing Documents (Policy and By-Laws); Station Location; and TFPD’s Relationship with Gilpin County. They agreed to move forward immediately in building the relationship with the County. To that end, the Board planned to request a work session meeting with Gilpin County Commissioners.
The Timberline Fire Protection Board of Directors has scheduled their next regular meeting at 7 p.m. on Tuesday, February 19, 2013, at Station 7 (14908 Highway 119).
New owners of Fitzgerald’s, City Manager’s contract
By Lynn Volkens
Black Hawk City Council with Mayor David Spellman and Council members Linda Armbright, Paul Bennett, Diane Cales, Jim Johnson and Greg Moates met for their regularly scheduled business meeting on January 23, 2013. They dealt mainly with regulations needed regarding the recreational use of marijuana and medical marijuana within Black Hawk.
Home Grown Marijuana
The Council approved Council Bill 4, an ordinance amending the Municipal Code to address marijuana cultivated for personal use in residential structures. The new Article X of Chapter 18 states that any person who is 21 years of age or older that is cultivating marijuana plants for his/her own use, may possess, grow, process or transport no more than six marijuana plants with three or fewer being mature, provided those activities comply fully with the Colorado Constitution. The plants must be possessed, grown, or processed within the primary residence of the person who will be using the marijuana for his/her personal use and must not be perceptible from the exterior of that primary residence. That means no visual observation (including signs); no unusual odors or other olfactory stimulus; no light pollution; and no undue vehicular or foot traffic, including excessive parking within the residential zone. Within a single-family dwelling, the cultivation, production, growing and processing of marijuana plants must be within a secure, defined contiguous 150 square foot area of the primary residence of the person possessing, growing or processing the plants for personal use. Within a multi-family dwelling unit, that secure, defined contiguous area is limited to 100 square feet within the primary residence of the person possessing, growing or processing the plants for personal use. These areas are to be locked or partitioned off and access limited solely to the person who is growing or processing the plants for his/her own personal use. The plants cannot be possessed, grown or processed in any accessory structure. All other City requirements related to building and life/safety, water and sewer regulations must be met and the City, upon reasonable notice, may inspect he premises to assure compliance.
The Aldermen also approved Council Bill 5, an ordinance that amends the Municipal Code regarding medical marijuana grown and processed in residential structures when done by patients for their own use or by primary caregivers. This amendment adds Article IX to Chapter 18. In addition to mainly setting the same stipulations as CB 4, this bill also defines a primary caregiver, consistent with the Colorado Constitution, as “a natural person, other than the patient and the patient’s physician, who is 18 years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.” The bill goes further to state “In addition to other activities conducted on behalf of the patient, a primary caregiver, a patient or a group of patients cultivating marijuana plants for their own use may cultivate, possess, produce, use or transport marijuana or paraphernalia to administer marijuana for medicinal purposes, conditioned on compliance with the Colorado Constitution and Colorado statutes pertaining to the Colorado Medical Marijuana Code and Medical Marijuana Program.”
Council Bill 6, deals with possession of marijuana. This ordinance, approved by the Council, amends the Municipal Code (Section 10-144) to define “marijuana” and “marijuana accessories.” It states that it is unlawful to possess drug paraphernalia (defined under Colorado Revised Statute 18-18-426) when the person in possession knows that the paraphernalia could be used in violation of this code. CB6 also limits possession and consumption of marijuana to two (2) ounces or less. Conviction of having more than two ounces will be punished by a fine of not more than $100. Allowances are made for persons who are 21 years old or older and for those who possess or use marijuana pursuant to the Dangerous Drugs Therapeutic Research Act.
The Aldermen further amended the Municipal Code (Chapter 10, Article VII) regarding the procuring of marijuana by or for a minor, by approving Council Bill 7. This ordinance states that it is unlawful for any person to provide marijuana to any person under the age of 21 years and that it is unlawful for any person under the age of 21 years to possess, attempt to purchase, purchase or obtain marijuana.
For the complete and specific language of these sometimes lengthy ordinances, please contact the City Clerk’s office.
Idling Motor Vehicles
The City had previously prohibited the idling of motor vehicles (ie. the engine is running while the motor vehicle is parked, stopped or standing) within the City limits for more than five minutes, except in certain stipulated situations. In passing Council Bill 9, The Aldermen repealed Section 8-8 of the Municipal Code, eliminating that prohibition.
2013 On-Call and Service Agreements
The Aldermen approved a list of 19 contractor or consulting companies whose services can be used as needed via On-Call & Service Agreements in 2013. Services include such needs as water rights/water quality, transit, planning and development, elevator/escalator inspection, trash services, architectural, environmental, appraisals, surveying, video photography for historic preservation, etc. The City has budgeted various amounts for each category of service, ranging from $20.53 per residence per month for trash removal to $400,000 for water rights and water quality issues.
City Manager’s Contract
The first amendment to City Manager Jack Lewis’s employment agreement was approved by adopting Resolution 4. The Council established his base salary, including market adjustments, to be 10% above the highest paid department head and that their intention for the future is that the City Manager’s salary be established at not less than 5% above the highest paid department head. Lewis was hired in October, 2011. Retroactive to January 1, 2013, his Salary was set at $149,051 annually. Black Hawk is in the process of rehabilitating the residence at 201 Chase Street to use as housing for the City Manager. Until those premises are completed, the City will pay the cost of the City Manager’s rental property within the City. The city Manager’s cell phone/personal digital assistant (PDA) technological allowance is set at 1% of his annual base salary. Black Hawk pays up to an additional 6% of the City Manager’s base salary for his retirement plan.
Liquor License Transfer
The Aldermen approved the transfer of liquor license ownership from Majestic Colorado Gaming LLC (Fitzgerald’s Black Hawk Casino) to Kings, Queens and Jacks LLC. The latter company has purchased 100% of Fitzgerald’s stock and will continue doing business under the Fitzgerald’s name.
Bus Sold
The University of Wyoming purchased one of the City’s old shuttle buses for $2,600.
Executive Session
Following the business meeting, the Council met with City Attorney Corey Hoffmann to receive advice related to legal questions and to discuss matters which may require negotiation. The Council took no further action.
Heads Up
Black Hawk City Council meets next on February 13, 2013.
New Commissioner Watson jumps right into the fray
By Lynn Volkens
Gilpin County Commissioners Buddy Schmalz, Connie McLain and Gail Watson considered an unusual septic system request, dealt with the usual annual renewals and appointments and conducted two work sessions, one of which relates to providing better internet service in Gilpin County. Commissioner Watson, the “newbie” of the board, had clearly done her homework. She arrived well-prepared, unhesitatingly asking informed and pointed questions throughout the meeting.
Missouri Flats Road ISDS
Commissioners approved a vault individual sewage disposal system (ISDS) for the 3.49 acre property of Jerome Hulderman located at 325 Missouri Flats Road in the Russell Gulch area. The vault will be supplied with water from a cistern and must have a device installed to warn when it nears capacity.
Clerk and Recorder’s Report
Gilpin County Clerk and Recorder Colleen Stewart shared her November 2012 report to the Treasurer with Commissioners. It showed revenues for that month of $130,480. Of that, $59,393 was disbursed to the State, $53,700 to the Gilpin County Treasurer, $4,222 to Central City, $87 to Black Hawk, $20 to the Domestic Abuse Fund, $20 to the Peace Officer Standards and Training (POST) Fund, $3 to the State Health Fund and the County Clerk retained $13,035. Motor Vehicle late registration fees raised $2,160 for the State and $590 for the County.
The report for December 2012 shows revenues for that month of $104,521. Of that, $46,802 was disbursed to the State, $46,356 to the County Treasurer, $6,275 to Central City, $50 to Black Hawk, $60 to the Domestic Abuse Fund, $16 to POST, $9 to the State Health Fund and the County Clerk retained $4,953. Included in the revenues was $2,295 for the State and $600 for the County generated from Motor Vehicle late registration fees.
Stewart included her annual revenue report showing the total revenue for her office, in 2012, was $1,703,095.
Treasurer’s Report
Gilpin County Treasurer Alynn Huffman’s December, 2012 report showed the County finishing the year with 99.71% of taxes collected. As of December 31st, County coffers contained a grand total of $10,146,369. Compare that to the 2011 grand total of $9,713,801.
The Treasurer also included her 2012 final semi-annual report, showing the financial activity of the County’s accounts from July 1 through December 31, 2012. Commissioners accepted the report.
Ambulance Licensing
Commissioners received a report from Gilpin Ambulance Authority (GAA) stating that the annual license inspection had been done for 2013 on the vehicles they use to help Gilpinites and visitors to the area. Medic Units 103, 108 and 109 were approved as Advanced Life Support units. Medic Units 102 and 106 were approved as Advanced Life Support Reserve Units. Medic 101 was approved as a Basic Life Support Unit-first Responder. Medic 101 is the specially equipped four-wheel drive pick-up truck that is used to access areas the larger ambulances cannot reach. It then transports patients to the nearest fully equipped ambulance. GAA work under the medical direction of Dr. Peter Vellman, M.D. from Centura Health at St. Anthony’s Hospital in Lakewood. Criteria used in GAA’s inspections is the same as that used for Adams, Arapahoe, Broomfield, Denver, Douglas, Elbert and Jefferson Counties. Commissioners accepted the report.
Highway Users Tax Fund
Commissioners also approved Public Works Director Curt Logsdon’s report of the County’s road miles that are eligible for funding via the Highway Users Tax Fund (HUTF). That report goes to the Colorado Department of Transportation (CDOT) which earmarks roads as “arterial” and “local” service roads and provides funding to be put toward the upkeep and repair of those roads. Paved and chip-sealed roads are favored over gravel/dirt roads, Logsdon noted. He said the County currently has 149.14 eligible road miles and that his department has been in the process of re-measuring the mileage to make sure it is accurate. He expects that study to be done by next year. HUTF funds come mainly from gasoline taxes and vehicle registration fees. The County expects to receive approximately $600,000 in HUTF funds for 2013.
Church Ditch Water Rights
Gilpin County owns three inches of Church ditch water rights, which the County is not currently using. As they have done for several years, Commissioners approved a lease of those water rights for downstream irrigator, Val McCurdy. McCurdy will pay rent for the water rights of $300 for use of the water during 2013.
Planning Commission By-Laws
A recent revision of the by-laws for the Gilpin County Planning Commission, an advisory committee that deals with land use matters, required, and received approval from the County Commissioners. The revisions mainly cleaned up language regarding compensation (mileage only), removed the stipulation requiring County Commissioners to appoint a Planning Commission secretary, and allowed for attendance and voting privileges by alternate Planning Commission members, as needed.
Historic Preservation Advisory Commission
Commissioners re-appointed current Historic Preservation Advisory Commission (HAC) members Bret Johnson and Linda Jones to new terms, ending December 31, 2016. They also appointed alternate member Herman Gaines, Jr. to full membership. The HAC is seeking another member to replace Gaines as alternate member.
RETAC Appointment
Christopher Williams, a Black Hawk firefighter and EMT-B with Gilpin Ambulance Authority, received the Commissioners’ approval as the County’s alternate representative on the Foothills Regional Emergency Medical and Trauma Advisory Council (RETAC) Board of Directors. Foothills RETAC includes Gilpin, Clear Creek, Grand, Jefferson and Boulder Counties. The RETAC recently awarded a grant to Gilpin, and the other member counties, of $5,000 each, to be used for basic Emergency Medical Services needs within the respective counties. In return, RETAC asks for documentation showing how the money was spent. Additional grants are also awarded on a competitive basis. There are eleven RETACs in the state, formed in 1997 to partner with emergency service providers with help in planning and advising on ways to best meet the community’s needs.
Shooting Range Funding Opportunity
At the request of Commissioner Watson, Commissioners Schmalz and McLain approved pursuit of $131,250 grant proposal to the Department of Parks and Wildlife to put toward creating a shooting range in Gilpin County. Currently the Sheriff’s Department and limited others are allowed to practice shoot on a remote property that is privately owned. Watson noted that, if the grant is approved, Gilpin County must commit $90,000 as a match, which would allow for purchase of a land parcel and the improvements needed to create the range. That money would come out of the 2014 budget, she noted. Commissioners McLain and Schmalz, both noting the County’s budget constraints, nevertheless agreed to approve the grant proposal. Commissioner Schmalz noted “This is an opportunity, not a commitment,” adding the caveat, “I’m not afraid to turn down a grant if we don’t have the money to match it.” A grant deadline of February 1st, had required the immediate decision.
911 Update
Commissioner Schmalz provided an update on recent activity of the County’s 911 Authority Board. He said they are looking at “the next generation 911” system – which could include texting and other electronic notification capability. That board has also gone back to its original by-laws, setting the membership to four members with representatives from Gilpin County, Central City, Black Hawk and Timberline Fire Protection District.
Executive Session
Following the business meeting, Commissioners met in Executive Session with County Attorney Petrock to discuss the Brannan litigation and two water court items. They took no further action.
Work Sessions
Commissioners spent the rest of the morning and early afternoon conducting two work sessions; the first had to do with Eagle-Net, the organization funded through the American Recovery and Reinvestment Act of 2009. Under that Act, Eagle-Net has $100.6 million to build infrastructure and make improvements needed to bring high speed broadband service to 170+ Colorado communities by August 2013. Eagle-Net does not provide direct service to private businesses or residences, but rather provides the means for private providers to hook into a hub and extend their own services from there. In Gilpin, the Gilpin County RE-1 School is the potential hub.
The second work session included discussion about several employee handbook and policy revisions, including a way to let volunteer emergency responders continue to draw their County pay while responding to a very limited number of emergencies, as needed (mainly natural disasters such as a wild land fire, and structure fires). The proposed revisions are scheduled to be approved at the next Commissioners’ meeting.
Heads Up
Gilpin County Commissioners meet next on February 12, 2013.
Issues addressed at Central City Council Meeting
By Wes Isenhart
In the first Central City Council meeting of 2013, the council said goodbye to outgoing members Rita Lee and Bob Giancola and welcomed as new members Gloria Gaines and Kathy Heider. The first meeting of the year featured a number of yearly appointments as well as the first reading of two ordinances regarding the regulation of marijuana cultivation for personal use in personal residences and the purchase of a new truck for the Water Department. Council also approved an Intergovernmental Agreement with Douglas County Commissioners for access to a metro-wide sex offender registration system called SOTAR. Mayor Ron Engels presided over the meeting with all old and new council members present along with all department heads and legal counsel.
Council Member Recognition and Swearing-in
The meeting started with two ceremonies. The first ceremony was a recognition and appreciation for the service and contributions of the two outgoing council members Bob Giancola who served on the council for five years and Rita Lee who served for a year. Mayor Engels presented both with plaques of appreciation and both expressed in their final remarks an appreciation for the opportunity to serve as council members and highlighted some of the accomplishments that occurred during their terms. The second ceremony was the swearing in of the two new council members Kathy Heider and Gloria Gaines who took the oath for the office of Alderman that was administered by Municipal Judge David Goss and then took their seats on the council.
Annual Appointments
Annual appointments were the first item of business by the new council and were all approved unanimously. These annual appointments included Bob Spain as the Mayor Pro-tem, the Weekly Register-Call as the legal publication for 2013, Ron Engels as the DRCOG Representative and the appointment of city manager Alan Lanning to be the Gilpin Ambulance Authority Representative with Finance Director Shannon Flowers as the alternate.
Ordinance and Resolution 13-01
The first ordinance of 2013 (13-01) which was unanimously approved on first reading concerned the posting of notices for regular and special meetings in public places. Ordinance 13-01 amends the Municipal Code to establish posting procedures and the public places designated for posting of meetings. In conjunction with Ordinance 13-01 was Resolution 13-01 which designated the two posting locations to be the Post Office and the front door of City Hall so as to be visible 24 hours a day. Washington Hall was removed as a posting location. Resolution 13-01 was approved unanimously.
Ordinances 13-02 and 13-03 Marijuana Regulations
In response to the passage of Amendment 64 legalizing marijuana which passed in Gilpin County by a thirty percent margin (65%-35%), Council unanimously approved on first reading Ordinances 13-02 and 13-03 which will regulate the cultivation of marijuana for personal use in residential structures and set a public hearing and second reading for February 5th. The purpose of Ordinances 13-02 and 13-03 are to address the personal possession of marijuana by conforming existing Municipal Code provisions to Amendment 64. Ordinance 13-02 defines marijuana and marijuana accessories to be consistent with Amendment 64, legalizes the possession of one ounce or less of marijuana by adults 21 years or older, prohibits the purchase or possession of marijuana for consumption by any person under 21 years of age and prohibits possession or consumption of any amount of marijuana in a public place.
Ordinance 13-03 amends zoning regulations that the City Council previously adopted concerning residential cultivation of medical marijuana to expand the limitations on the number and location of plants in a residence. The new zoning ordinances prohibit marijuana from being grown outside in a garden, in separate structures like a garage and not displayed in visible areas like the front window of a house. Marijuana plants will be limited to six per individual with no more than twelve plants per residence if there are multiple adults in a residence. Councilwoman Gaines inquired about rentals and townhomes. Attorney Michow said that the renters would be subject to the terms of their rental agreement and attached properties would be regulated so that there would be no cultivation in the common areas of a multi-family or attached residential building. Due to the scheduled absence of legal counsel at the next meeting, the public hearings on Ordinances 13-02 and 13-03 will be opened at the February 5th meeting and then continued to the February 19th for a final vote. These two ordinances only regulate the cultivation and possession of marijuana for personal use. Council will have to determine before July 1st whether they will license retail pot shops in the business district or impose a moratorium on them like they did with the casinos.
Resolution 13-02 Sex Offender Registration
Chief of Police Terry Krelle presented Resolution 13-02 to council regarding the approval of an Intergovernmental Agreement (IGA) with the Douglas County Commissioners for access to a sex offender registration system called SOTAR. Central City currently does not have a publicly searchable database to enter registered sex offenders. At any given time Central City has 1-8 registered sex offenders in residence in the city. Thirty two law enforcement agencies that contribute to the SOTAR database and DouglasCounty require an IGA from each agency that participates. Motion to approve Resolution 13-02 carried unanimously.
Resolution 13-03 Spending Authorization
Resolution 13-03 which establishes financial procedures for specific authorized check signatories and the use of credit or debit cards was presented by Finance Director Shannon Flowers. The authorization of check signatories and credit card users in an annual resolution and lists authorized city employees by name for bank purposes. Resolution 13-03 was approved unanimously.
New Water Department Pickup
Operations Director Kent Kisselman presented a motion to approve the purchase of a Ford F-150 truck for the Water Department in the amount of $34,668. Funding for this purchase will come out of the Water Funds Adopted 2013 Budget. The budgeted amount was $46,000. Director Kisselman said that the city received favorable discounts for the modified truck to get the below budget price. Motion to approve the purchase of the Ford F-150 truck for the Water Department carried unanimously.
Metered Water Bills Credit
During staff updates, Finance Directory Flowers told council that the first metered water bills went out in January. There was a billing mistake charging seniors and a two dollar credit will show up on their bills in February.
Council Comments
The two new council members took the opportunity during council comments to thank those who supported them in the election. Mayor Engels extended his welcome to the new members and said that he was looking forward to working with them. Councilwoman Voorhis reported that there had been a few complaints regarding how the roads had been plowed during the last snow storm.
Next Meeting
The next meeting of the Central City Council will be on February 5th at 7 p.m.
New employee pay plan, plus annual housekeeping matters
By Lynn Volkens
Black Hawk Mayor David Spellman and City Council members Linda Armbright, Paul Bennett, Diane Cales, Jim Johnson, Greg Moates and Benito Torres conducted their first Council meeting of 2013 on January 9th. They conducted several public hearings (with no public commenting) and then took care of the annual housekeeping issues. City Manager Jack Lewis called attention to Black Hawk’s new fire truck, which was recently put into service and which he said should serve the City for a long time (and doesn’t make the brake noise the old truck did, he gleefully noted).
New Employee
Sandra Slack was introduced to the Council. She was welcomed by the Mayor and each Alderman as she made her way around the table shaking hands. Slack is a Fleet Technician Aide in the Public Works Department.
BID Appointment
In approving Council Bill 1, the Aldermen passed an ordinance appointing Dan Roy to the Board of Directors for the Black Hawk Business Improvement District (BID). Roy is the new general manager at the Riviera Casino.
2013 Pay Plan
Council Bill 2, an ordinance adopting the City’s pay plan for this year, was unanimously approved. City Manager Jack Lewis said the Plan was the result of months of working on a new way to approach the matter. “I think we’ve come up with it,” he said, explaining that the new Plan moves away from merit and step increases. The City’s staff surveyed twelve municipalities to determine the going pay rate for positions similar to Black Hawk’s. Then they determined the average of those pay rates, and added 10% to come up with Black Hawk’s new Pay Plan. Lewis called the new Plan “a very strong compensation package.” He further explained that the City will complete a market survey of rates of pay during the first quarter of the year, annually. They’ll then determine the mid-point for the pay ranges and “see if anything’s moved” before recalculating Black Hawk’s pay plan for each new year. Lewis complimented the City’s department heads, noting there had been some “spirited discussions.” He lauded the market-driven system they had developed, credited the 10% above average rate as a means to attract employees from the metropolitan area, and said the new Plan had flexibility within the ranges of each position so that education and job experience can be considered when setting an employee’s pay rate. Lewis also credited the Council for being a group that is willing to try the new Plan. “Nothing’s perfect,” he told them, adding that if something with this pay plan isn’t working, they’ll change it. He is still working on the criteria for bonuses, he said.
Working with the Feds
The Aldermen approved an agreement for “federal advocacy between the Colorado Association of Transit Agencies (CASTA) and the City of Black Hawk. CASTA is a non-profit corporation which plays a role in the City obtaining grants such as those used to buy new shuttle buses. Numerous Colorado transit agencies who seek these grants have formed the Colorado Transit Coalition and CASTA acts as coordinator for that coalition-“a liaison between the various agencies,” said Tom Isbester, director of Black Hawk’s Public Works Department. The document before them, he explained to the Council, was simply the annual renewal of that agreement.
Designated Posting Place
In adopting Resolution 01-2013, the Council set Black Hawk City Hall as the designated public place where they will post all meeting notices. The designation of a set place is required by Colorado Open Meetings Law and is one of the actions taken at this time every year.
Parking Impact Fee Rebate
The Aldermen adopted Resolution 2-2013, rebating parking impact fees for the development of hotels and other amenities, specifically for the construction of a hotel consisting of fifty or more hotel rooms. For those projects, the rebate is 50% of the parking impact fees, provided the applicants for the rebate file with the City on or before March 31, 2014. Mayor Spellman described the rebate as “ultimately becoming part of our incentive program,” referring to the City’s history of encouraging and promoting gaming industry development as well as diversifying the City’s economy. The Aldermen chose to set the rebate on a temporary basis, so that should the City’s parking needs evolve in the future, they can re-evaluate whether or not, or how much, to rebate at that time.
Newspaper of Record
Mayor Spellman recused himself and Alderman Moates conducted the meeting for appointing the City’s Newspaper of Record. The Mayor is part owner of the Weekly Register-Call, the newspaper being considered as the one Black Hawk will use for placing all legal notices. The Council voted to appoint the Weekly Register-Call as Newspaper of Record for another year.
Mayor Spellman referred to a recent story in the Weekly Register-Call, which was about planned changes for the Rollinsville and Pinecliffe Post Offices. Rural delivery for many of the people residing in those areas of Gilpin County comes out of the Black Hawk Post Office. Spellman commented that the City’s decision to build the new Black Hawk Post Office, and provide delivery service from it, had paid off as a benefit to the community and that Black Hawk should be proud of a job well done.
Black Hawk’s Contributions to the Greater Community
Finance Director Lance Hillis provided a presentation showing Black Hawk’s property tax and gaming revenues and how the funds benefit the greater community. Of the commercial gaming properties, assessed for taxation purposes, Black Hawk and Central City casinos make up 67% of the total assessed value in Gilpin County. Black Hawk properties are 60% of that equation, resulting in projected 2013 property tax revenues of $2,117,971 for Gilpin County. (Property tax revenues from all commercial properties in the county is projected at $3,517,823). Additionally, the county is expecting to receive $9.6 million in state gaming tax revenue this year. Black Hawk casinos contribute 92% ($8,863,579) of that amount. The total of the two, $11,983,222 makes up approximately 65% of Gilpin County’s total annual revenue of $18,522,502. These combined revenues from Black Hawk’s casinos provide over 59% of the County’s budget.
In 2009, the Gilpin County RE-1 School District began receiving revenues generated from a dedicated 1.50% Black Hawk sales tax, called the Educational Enhancement Tax. Since then, Black Hawk’s tax has provided funding for the school in the amount of $2,399,217 and is expected to provide $690,000 for the school’s current fiscal year. The property tax revenue of $2,690,612 which is generated solely from Black Hawk properties for the school district, plus the revenue from the dedicated sales tax, make up 48% of the School District’s budget. “This city generates a great deal of revenue for the county and the school,” Mayor Spellman concluded.
A more detailed accounting of the revenue generated by Black Hawk, showing its progression since 2011, was provided by the City and is published elsewhere in this issue.
Executive Session
Following the business meeting, the Council met with City Attorney Corey Hoffmann in an executive session to discuss matters related to personnel, transaction(s) related to real, personal or other property, matters related to negotiation, and pending litigation. The Council took no further action.
Heads Up
Black Hawk City Council meets next on January 23, 2013.
Special award for “acts above and beyond the call of duty”
By Lynn Volkens
Members of the Central City Fire Department (CCFD) share a camaraderie that is built on training together and responding to emergency situations of all kinds in order to protect and help the Central City community. On January 10, 2013, Central City’s firefighters got to share that camaraderie in a more relaxed atmosphere, sans the heavy gear and helmets, sirens and adrenaline rush. It was CCFD’s Annual Service and Awards Dinner. The event was held close-to-home; right next door to the Central City Fire Station at Johnny Z’s Casino.
CCFD is a municipal fire department composed of an all-volunteer force headed by paid professional Fire Chief Gary Allen. It was his duty – make that his pleasure – to present the awards and recognize CCFD’s outstanding volunteers of 2012. Alexandra Mills had joined the department as a teenaged “Junior Firefighter,” and was recognized as CCFD’s newest Volunteer Firefighter. Jennifer Mracheck received the award for Most Training Hours. Royce McLain was promoted to Lieutenant.
Chief Allen explained that the coveted “Firefighter of the Year” award might be presented to an individual who is considered the best firefighter of the group, or could be awarded to the volunteer who attends the most events or puts in the most hours of firefighting service. The award may also be presented to recognize an individual who has overcome adversity in order to serve, or one who has completed a particularly challenging achievement – someone who has gone to lengths to better himself or herself for firefighting purposes. The “2012 Firefighter of the Year Award” went to Anthony Cole. “He has done a lot of those things,” Chief Allen said, “but he has also taken the initiative to better our department in other ways.” The Chief expressed appreciation for Cole’s dependability in covering calls, adding “He has taken our Training Division and helped pick it up a notch, which has allowed me to concentrate on other needs and duties.” Volunteer Firefighter Cole was also recognized for having put in the most incident hours in 2012.
Volunteer Firefighter Cody Allen received the “Medal of Honor,” a special recognition award for his quick action to save people, property (and pets) at a fire scene on October 8, 2012. Cody was on his way to work, Chief Allen explained, driving on Highway 119 at 6:22 a.m., when he spotted a residence on fire. He radioed Gilpin County Dispatch, getting fire trucks and firefighters en route without delay, then opened the door and entered the residence. He woke two sleeping adults and hustled them outside to safety, along with the family dog. He returned to the structure with bottled water he had in his truck, using it to help prevent the fire’s spread. “I strongly believe that Cody’s selfless act surely saved two individuals and the dog from certain death and, at a very minimum, from being distinctly overcome with smoke inhalation and becoming very sick,” said Chief Allen. The Chief expressed both pleasure and pride in presenting the special award for “acts above and beyond the call of duty.” Volunteer Firefighter Cody Allen is Chief Allen’s nephew – seems firefighting runs in the family.
Central City businesses also showed their appreciation to CCFD for the work of Chief Allen and CCFD volunteers in helping both residents and visitors to the city. Dostal Alley Brewpub and Casino, Century Casino, Easy Street Casino, moment for Me Salon, and Annie Oakley’s Emporium enhanced the evening with valuable door prizes. CCFD conveys thanks to these supportive businesses and special thanks to Johnny Z’s Casino for hosting the event.
CCFD always welcomes new volunteers. All training and gear is provided. Contact Chief Allen at 303-582-3473 for more information or visit the department’s website at https://www. centralcitycolorado.us/ government/departments/ fire-department/volunteers/html.
Central City Council Meeting
By Wes Isenhart
Finances, appointments, year end reports and farewells were the order of business as the currently composed Central City Council met for the last time on December 18th with Mayor Engels presiding. All council members were present except for Councilwoman Rita Lee. All department heads and legal council were attendance. Council unanimously approved three ordinances after public hearings and second readings. They unanimously approved three resolutions and received the new Master Water Plan. Volunteers for the Gilpin County Historical Society and Tommyknockers Festival gave year end reports on their activities to council. Mayor Engels new appointments to the Historical Preservation Commission and Planning Commission were also approved as stated by the mayor. Councilman Bob Giancola and Councilwoman Rita Lee whose terms were completed were thanked for their service to the city.
In quick succession the Council held public hearings and voted on Ordinances: 12-18, 12-19 and 12-20.
Ordinance 12-18: Procurements
Finance Director Shannon Flowers presented Ordinance 12-18 again which amends the city Municipal Code concerning revenue, finances and procurements. The section on Procurement of Goods and Services has been simplified with a chart that easily identifies what purchasing requirements shall be followed within certain budgetary ranges which will allow staff to obtain good pricing and potential cost savings when purchasing goods and services thereby saving the City money. Motion to adopt Ordinance 12-18 was approved unanimously without discussion.
Ordinance 12-19: Fire False Alarm Fees
Ordinance 12-19 which amends the Municipal Code to removes specific fees and/or charges from the Code itself and incorporates them into the new Comprehensive Fee Schedule. Director Flowers explained that this amendment specifically removed fees for false or avoidable fire alarms. Motion to adopt Ordinance 12-19 was approved unanimously without discussion. In conjunction with Ordinance 12-19, Council unanimously approved Resolution 12-12 which amends the new Comprehensive Fee Schedule to include fees for false or avoidable fire alarms.
Ordinance 12-20: PC and HPC Board Qualifications
Member qualifications for being on the Planning Commission and the Historic Preservation Commission were more clearly defined in Ordinance 12-20. Historical Preservation Director Greg Thompson presented the amendment to the Municipal Code which now allows an individual who is not a council member to serve on both commissions at the same time. Motion to adopt Ordinance 12-20 was approved unanimously without discussion.
PC and HPC Board Appointments
Following the vote on Ordinance 12-20, Mayor Ron Engels appointed Alex Thome and Margaret Grant to the Historic Preservation Commission (HPC) with Gina Fuerst as the alternate and thanked Perry Eppenger and John Friery for their interest in serving on the HPC. Mayor Engels also appointed Barbara Thielemann, Margaret Grant, and Herman Gaines to the Planning Commission and thanked John Friery for his interest. Council unanimously approved the appointments to both commissions as stated by the Mayor.
Resolutions 12-22 & 12-23 Contracts
Resolutions 12-22 & 12-23 renewing contracts with Code Consulting, LLC for professional services and One Way, Inc. for residential trash disposal services were unanimously approved. There are no changes to the contract for trash disposal services and the fees for trash disposal will remain the same.
Spelling Bee Support
In other business, Director Flowers asked for a $100 donation from the Education Fund to support the Gilpin Middle School Spelling Bee. Director Flowers explained that the Middle School would be using donations for small cash prizes for the spelling bee and also asked for volunteers to serve as judge. Council donated the same amount last year with Director Flowers serving as a judge. Council unanimously approved the request.
Gilpin Historical Society
Gilpin County Historical Society (GCHS) president Gloria Gaines gave a year end activities report to Council and thanked them for their continued support. Ms. Gaines said that the Historical Society will be using the shorter name Gilpin History going forward and that the Creepy Crawl and the Cemetery Crawl were both very successful this year. Tour numbers are up and the Washington Hall museum has been a boost to their exposure.
Tommyknocker Festival
Tommyknocker Festival volunteer Barbara Thielman also gave Council a report on the festival and thanked Council for their continued support.
New Master Water Plan
The final presentation of the night was the new Master Water Plan. Utilities Superintendent Griffith explained that the engineering firm Black & Veetch was contracted to do the Water Master Plan to assess the existing system and develop plans for future needs, and the capital investment necessary to complete them. The plan concluded that our system needs regulatory improvements at a projected cost of $700,000 for raw water diversion, transmission costs of $191-$396,000, and distribution upgrades of $1.6-4 million to be completed in the next 2-5 years. The next step is to develop a comprehensive capital improvements plan that will prioritize the water projects in terms of need and funding availability. During staff reports Operations Director Kisselman announced that Central City has been named the 2012 winner by American Public Works Association for the Water Meter Project. He thanked Shawn and the water department team for their excellent implementation. Mayor Engels stated the award is well deserved and thanked Shawn for spearheading this project.
Santa Cop and City Government
The meeting concluded with Councilwoman Shirley Voorhis thanking Police Chief Krelle for the new Santa Cop program and Councilman Bob Spain thanking Councilwoman Rita Lee and Councilman Bob Ginacola for their service and efforts to improve the effectiveness of the Central City government. Mayor Engels and Councilwoman Voorhies concurred.
Next Meeting
The next council meeting will be Tuesday January 15th at 7pm when new council members Gloria Gaines and Kathy Heider will be sworn in and take their seats on the council to start 2013.
Gail Watson and Buddy Schmalz, 2013 appointments
By Lynn Volkens
It was the changing of the guard at the Gilpin County Commissioners’ meeting on Tuesday, January 8, 2013. Newly elected District 3 Commissioner, Gail Watson, was sworn into office, as was Buddy Schmalz, who was re-elected to his second term as District 1 Commissioner. Judge Jack Berryhill of the First Judicial District Court administered the oaths of office to Watson and Schmalz. District 2 Commissioner, Connie McLain, plus a gallery full of friends, family and county staff members looked on. As the County is just getting back up to speed following the holidays, there was little business to conduct and no departmental reports.
Certificates of Election
Gilpin’s Clerk and Recorder, Colleen Stewart, presented Commissioners Schmalz and Watson with their official Certificates of Election.
2013 Commissioner Chairman
One of the Commissioners is appointed annually as Chair of the Board of County Commissioners (BOCC), to conduct their meetings and take the lead on other Commissioner business. Commissioner McLain had held the position throughout 2012. She passed the gavel to Commissioner Schmalz, who will be Chairman for 2013.
Annual Appointments
Colorado statute requires every Board of County Commissioners (BOCC) to designate authority to specific people to perform the duties of the office. Gilpin Commissioners appointed themselves (Schmalz, McLain and Watson) as “Commissioners to Convey” for purposes related to real estate transactions. They also appointed themselves as the Board of Adjustment and the Liquor Licensing Authority.
Roger Baker was officially appointed County Manager; Jim Petrock, County Attorney; Sharon Cate, Administrative Assistant to the BOCC; Clorinda Smith, Budget Officer; and Steven Watson, Emergency Preparedness Coordinator. The Depository Banks for the County were specified as Wells Fargo, Colorado Trust General, Colorado Trust CDT and C-Safe. The Weekly Register-Call was again appointed as the Newspaper of Record.
CCI Appointments
Colorado Counties, Incorporated (CCI), an organization which lobbies legislators on behalf of member counties, includes nine Steering Committees which cover various areas of interest. Participating counties have direct representation on these committees. Gilpin has traditionally divided that representation among the three Commissioners depending upon their individual areas of interest or expertise. For 2013, those committees with the corresponding appointed Gilpin Commissioner are:
Public Lands: Mclain
Agriculture, Wildlife and Rural Affairs: McLain
Land Use and Natural Resources: McLain
Health and Human Services: McLain
Tourism and Resorts: Schmalz
General Government: Schmalz
Taxation and Finance: Schmalz
Transportation and Telecommunications: Schmalz
Legislative Committee: Watson
CCI Mountain District: All three Commissioners
Commissioners also appointed County Manager Baker as their CCI Steering Committee Voting Proxy to fill in for them if needed.
Other Committees and Board Appointments
Besides the internal appointments and the CCI committees, there are 17 other committees and boards on which Gilpin Commissioners have a seat. These are listed below, with each designated Commissioner representative.
Recreational Sport Shooting Collaborative: Watson
Upper Clear Creek Watershed Association: Watson
Community Health Assessment Project: McLain
Human Services Advisory Board: Schmalz
Gilpin Ambulance Authority Board: Schmalz
Gilpin Ambulance Authority Alternate: Watson
Eagles’ Nest Board of Directors: Schmalz
Jefferson Center for Mental Health: McLain
911 Authority Board: Schmalz
Rollins Pass Restoration Association: Watson
Colorado Limited Gaming Control Commission: Schmalz
Public Forfeiture Funds Committee: Schmalz
Gilpin Water District: Watson
Worker’s Compensation Pool: Watson
Casualty and Property Pool: Watson
Rocky Mountain Rail Authority: Watson
South Platte River Authority: Watson
Denver Regional Council of Governments (DRCOG): McLain
Triad Early Childhood Council: Larry Grieco
Human Services/Foster Care
Commissioners discussed the Chafee Foster Care Independence Plan Memorandum (CFCIP) of Understanding (MOU) and then, acting as the Board of Human Services, voted to renew it for 2013. The MOU is an agreement between Gilpin, Clear Creek and Jefferson County for the latter to provide services for minors placed in foster care. For youth who are not expected to return to their biological parents, the Chafee Plan teaches them the independent living skills (budgeting, secondary and post-secondary education, job training, transitional housing, health and healthy lifestyle choices, etc.) that they will need to succeed once they “age out” of the foster care system at age 18. Chafee services extend up to age 21 for these young people, providing them with a caseworker who assists and mentors them through the process of learning to be self-sufficient. Youth participating in the program can earn cash incentives related to attendance in trainings, accomplishing educational and work goals, and volunteer hours.
Funding for the CFCIP is federal, disbursed through grants to the state and then to the county administering the program. The funding is disbursed to the three counties based on how many people are served. In Gilpin, there have been only a few recipients of this program’s services over a period of several years’ time. The total tri-county funding for 2013 is $174,269. Gilpin’s portion of that (0.75%) is $1,307. County Manager Baker pointed out the amount would not cover hiring someone to administer Gilpin’s participation in the services (if any) so the Gilpin portion of the funds is allotted for administration services that would be provided by Jefferson County, as needed.
Rollinsville and Pinecliffe Post Offices
During Public Comment, Cindy Thompson, retired Postmaster of the Rollinsville Post Office, told County Commissioners she is working to make sure delivery services to post office customers in the north-Gilpin area retain convenient package delivery. The U.S. Postal Service will be making changes at Gilpin County post offices at Rollinsville and Pinecliffe. It’s possible that the USPS will change their current plan, which would make it necessary for some residents in north-Gilpin to drive to Black Hawk to pick-up some packages, Thompson said. If the USPS alters the current plan nothing more will need to be done, she said. But if that doesn’t happen, she asked Commissioners for their support in working with the USPS to insure the best service for County residents.
A meeting for Postal Service representatives to meet with community members has been rescheduled from a previously published date and location. That meeting will now take place at 2 p.m. on January 30, 2013 at the Nederland Library. Thompson said people needing rides should watch the Rollinsville Post Office bulletin board for a sign-up sheet.
Heads Up
Gilpin County Commissioners meet next on January 29, 2013.
New insurance provider, Chief’s work agreement, AWOL website.
By Lynn Volkens
Timberline Fire Protection District (TFPD) held a special board meeting on January 6, 2013 with only one item on the agenda: to discuss and review an employee health care plan. Approximately half of the three-hour meeting time was spent in an unposted Executive Session to discuss personnel matters and the fire chief’s contract. Board president Rick Wenzel and members Kay Johnson, Paul Ondr and Chris Samuelson were present; Jim Crawford was absent.
New Healthcare Benefit Plan
TFPD Business Manager Jennifer Hinderman told the directors that TFPD employees are unhappy with the district’s current insurance provider, Anthem, mainly because the out-of-pocket expense for premiums has gotten too expensive and there is no dental or vision plan included. The 2013 rates show the chief’s out-of-pocket portion has gone from $206.78 per month to $312.61; the monthly out-of-pocket cost for the business manager and maintenance technician has gone from $62.04 to $85.54. The district’s total monthly contribution of $1,076.25 ($893.93 for the chief; $182.32 for the business manager and maintenance technician, together) remains unchanged. Hinderman had researched plans from numerous insurance providers and presented the Board with a summary of the plans from Public Sector Health Care Group (Cigna), Warner Pacific (Rocky Mountain Health Plan), CEBT (SDA) Pool (Self-Insured), and CTSI (SDA) Pool (Self-Insured). Public Sector, with four plans to choose from, was the provider that employees favored.
TFPD has budgeted $15,220 ($1,270 per month) for healthcare benefits in 2013. Employees who work over 24 hours per week are eligible for benefits. That is currently the chief, business manager, and maintenance technician. Chief Jennings told the directors they should consider costs for expanding the benefits to include four employees. After checking the figures, the directors determined they could add the bookkeeper position to Public Sector’s plans, thus providing healthcare benefits for four employees, and still remain within budget. Dental and vision plans could be included in that. Further TFPD could afford to pay more than the required 50% of the employee portion of the premium. Directors voted (with Ondr’s the only vote against) to change the district’s healthcare provider from Anthem to Public Sector (with Cigna as the network provider). They then voted (again, with Ondr voting “No”) to set the TFPD’s contribution to the employee out-of-pocket portion of the premium at 75%.
Chief’s Work Agreement
Chief Jennings originally called for an executive session to discuss “personnel,” stating that the directors should not even discuss the healthcare options until he had made them aware of its impact on an employee who was not present. The chief also pointed out that $10,800 of his $18,700 annual benefits package is comprised of his healthcare benefit – an amount that had been negotiated under his employment agreement. Changing that amount would mean renegotiating that agreement. The $10,800 is the bulk of the $15,220 total budget for all employees’ healthcare benefits in 2013. The Directors reviewed the insurance material Hinderman had provided, and then decided to meet with the chief in an executive session to hear his concerns. When the Board reconvened to public session, Wenzel announced that they had been discussing the Chief’s compensation package, reached no conclusion, and would discuss it further at a later date. The Board moved on to pass the two motions authorizing the healthcare benefit changes outlined above.
Website
Http://Timberlinefire.org, the District’s website, has been down since November, depriving citizens of easy access to information such as Board meeting schedules, meeting agendas and minutes, information about burn permits, departmental documents and, of course, the District’s budgets. Jennings said the problem lies with the volunteers who had been maintaining the website up to November. After a meeting in August when numerous citizens told Board members that they wanted more transparency from Timberline, including information that was accurate and up-to-date on the website, Jennings set about having the website managed by a contracted firm in Nederland. He said he is ready to proceed, but there is now a problem regarding use of the domain name. Jennings could offer no timeline for when the website might be back.
Heads Up
TFPD’s Board of Directors meets next at 7 p.m. on Monday, January 14, 2013 at Station 7 (next to Taggert’s).
Options range from reducing hours to closure
By Lynn Volkens
The Post Offices at Central City, Rollinsville, Pinecliffe, Coal Creek and Ward are among the 184 Colorado Post Offices that the United States Postal Service (USPS) is considering for reduced hours of operation or potential closing. According to the Post Office Structure Plan (POStPlan) “realigning” hours of retail operation may be the solution to avoid complete closure of some 13,000 small rural post offices across the United States.
As part of the USPS evaluation process, surveys are being sent to postal customers who have Post Office boxes or receive rural delivery in the zip code area of the Post Offices being considered. In the case of the Rollinsville Post Office, (zip code 80474) the survey asks for input on four options:
1) Keeping the Post Office open, but reducing the window hours to four per day Monday through Friday with the Saturday hours remaining unchanged.
2) Conduct a discontinuance study for the Post Office in question, and provide delivery through a rural carrier. (A discontinuance study is the USPS procedure for evaluating the feasibility of continued Post Office services. Several factors are looked at, including insufficient customer demand.)
3) Conduct a discontinuance study, and find a suitable alternative location to be operated by a contractor. These are usually inside an already established local place of business, but cannot be in any establishment which sells alcoholic beverages.
4) Conduct a discontinuance study, and provide Post Office box service via another nearby post office, relocating the Post Office box deliveries from the current Post Office to the nearby one.
Box holders and rural delivery customers of the Rollinsville Post Office should receive their surveys by January 9, 2013. After that date additional survey forms will be available at the counter. The USPS will review completed surveys that are returned. Then Rollinsville Post Office customers are invited to a community meeting where they may ask questions or add further input. That meeting has been scheduled at 4 p.m. on Wednesday, January 30, 2013 at Roy’s Last Shot in mid-Gilpin County. The USPS has not yet posted the dates when surveys will be distributed and meetings held for the Central City, Pinecliffe, Coal Creek and Ward Post Offices.
If the USPS decides to implement the first option, keeping the Post Office open but reducing hours, the proposed changes, per the USPS website, would be for the Pinecliffe, Ward and Coal Creek post offices to decrease window service hours the same as proposed for Rollinsville – from eight hours per day to four hours per day during the week, and keep Saturday hours as they stand now. For the Central City Post Office, window service would be reduced from eight hours to six hours per day during the week, maintaining current Saturday hours. Six-hour per day offices will be staffed by a part-time Postmaster. Post Offices reduced to four (or two) hours per day will be staffed by a non-career “relief” Postmaster. In all cases, customers would still have access to their Post Office boxes 24 hours every day.
If the Rollinsville, Pinecliffe, Ward and Coal Creek Post Offices are reduced to the four-hour per day schedule, the Postmasters of those offices will continue in their current full or part-time positions until sometime in 2014. After that, Postmasters of six-hour per day offices will be demoted to the position of part-time Postmaster with a salary adjustment equivalent to the appropriate hourly pay. Postmasters of the offices which are reduced to four-hour days, will not automatically become the part-time non-career Postmaster of that office, but may have the opportunity to retire or resign from the full-time position and then be reemployed in the part-time non-career position. There are numerous conditions detailed on the USPS website, regarding personnel options, including opportunities for early retirement.
According to their website, the USPS reaches 151 million Post Office boxes, residences and businesses, from 32,000 retail locations. It was ranked by Oxford Strategic Consulting as number one among postal services in the world’s twenty wealthiest countries. Yet, the USPS closed out their fiscal year 2012 with a net loss of $15.9 billion (compared to $5.1 billion net loss at the end of fiscal year 2011). The main financial impediment facing the USPS is not fewer customers, although First Class Mail has seen a 3.9% drop (electronic bill paying affected First Class Mail, but that decline is now slowing); and Standard Mail dropped by 4.3% (but appears to recovering). Package service increased by 8.7% ($926 million). According to Postmaster General, Patrick Donahoe, improved productivity has produced cost savings for 13 straight quarters. The postal service has reduced controllable expenses, but is hampered by a major uncontrollable expense – 2006 legislation which mandated that the USPS “pre”- fund 75 years’ worth of healthcare benefits, for future workers, over a ten year period; that’s $5.5 billion per year. The 2012 net loss ($15.9 billion) includes payments to the future retiree healthcare benefits “pre” fund of $11.1 billion and accounts for approximately 70% of the USPS losses.
The USPS receives no tax dollars and relies on the sale of postal products and services. It generates annual revenues of around $65 billion. Donahoe called for legislative changes that would allow the USPS to determine frequency of delivery, sell non-postal products and services, streamline governance so that pricing and product decisions would be made more quickly, require labor negotiators to consider the financial condition of the USPS when rendering decisions, and resolve the overfunding of the Federal Employees Retirement System. Meanwhile, the USPS is looking to further reduce the expenses they can control by closing or relocating Post Offices, or reducing window service hours to the times most used by customers. The national list of Post Offices being considered for these changes includes some Post Offices (urban, suburban and rural) in all fifty states. View that list at https://about.usps.com.