Black Hawk wants attorney’s fees paid

Lynn Volkens

04/03/2008 - The Black Hawk City Council meeting on March 26^th was a full house with Mayor David Spellman and Aldermen Linda Armbright, Paul Bennett, Diane Cales, Dick Cottrell, Kathy Doles and Tom Kerr present. The gallery was also well populated, including Denver television Channel 7 investigative reporter, Tony Kovaleski.

Bus Barn Bills

  Council Bill 8, approving the Intergovernmental Agreement (IGA) between the City and the Black Hawk Transportation Authority (BHTA) was also up for public hearing and also received no input. The Aldermen approved the IGA which stipulates the financial responsibilities for the soon to be built City-owned bus barn. BHTA will use the barn for their operations. In 2007, BHTA paid $700,000 toward construction. The City has paid $681,439 toward the barn since the beginning of the year. The Aldermen have stipulated the City will pay no more than $3,385,428 of the actual cost of the barn. BHTA is to reimburse Black Hawk $1,706,130 over the next ten years. BHTA expects to garner $568,000 in federal grant funding from 2008- 2012. The additional $1,138,130 will be funded by the Authority from gaming device fees and other revenues.

Rules for Watchers

  The Aldermen passed Council Bill 9, creating a new section (2-7) of the Municipal Code to establish requirements for appointing poll watchers in municipal elections. The Code now allows each candidate, or interested party in the case of a ballot issue, to appoint one person to act as a poll watcher in his or her behalf. The candidate must certify the name of each appointed poll watcher by close of business of the Friday preceding an election. Appointed poll watchers must be registered electors of Colorado and are required to take an oath affirming that. Poll watchers must also swear they will not reveal to anyone the result of counting votes until polls have closed. Poll watchers may be present for the receiving, bundling and provisional processing of ballots. They are allowed to maintain a list of eligible electors who have voted and challenge eligibility of the same. Candidates are not allowed to be poll watchers, nor are members of their immediate families. City Attorney Corey Hoffmann said the Black Hawk code is based on the Secretary of State’s requirements for poll watchers. This item was up for public hearing; but no one came forward to speak either for or against it.

Emergency Grants

  Community Planning and Development Director Steve Ferris, presented several emergency grant projects for Aldermen’s approval and was not disappointed. All had been previously recommended for approval by the City’s Historic Architectural Review Commission (HARC). The first, a request for $1,850, reimbursed Judy Masi of 220 Chase Street, to thaw a water line from the main to the residence. Masi was required to provide a copy of the contractor’s invoice.  $1,635 was granted to Rene Wiley of 235 Chase Street to install soffit vents for the attic as part of mold mitigation work. Wiley was granted $4,832 in November 2007 to repair damage caused by a leaky roof.  At 250 Chase Street, a plugged sewer line caused a back up that damaged Hal and Karen Midcap’s heater. Costs to unplug the line and repair the heater ran $3,792.  The Midcap’s homeowner’s insurance had not responded to coverage queries. The Aldermen agreed to fund the repair but asked that another attempt be made to confirm with the insurance company whether the repair was covered or not.

Going Up… Safely

  Black Hawk has a combined total of 88 elevators and escalators and each must undergo a safety inspection twice a year. Black Hawk contracts with the Denver Regional Council of Governments (DRCOG) to conduct the tests at a rate of $130 per unit or $11,440 per year. Ferris explained a supplement was needed to the agreement per Senate Bill 07-123. That bill provides that a local government may regulate the elevators and escalators within its jurisdiction if it has standards which meet those required under SB 123. Black Hawk must insure that DRCOG complies with SB 123 and submit a Memorandum of Agreement to the director of the Division of Oil and Public Safety (Department of Labor and Employment) for approval by May 1^st. City Manager Richard Lessner advised the SB 123 requirements be written into the City’s IGA with DRCOG. Aldermen agreed and directed Ferris to move forward with the MOU to accomplish the inspections.

Power Plant Purchase

  The Aldermen approved the MOU with Lake George Hydro LLC, to purchase the Jerry B. Buckley Hydro Power Plant at Georgetown Lake. The proposed purchase price is $232,000 with a 5% contingency of $12,500 bringing the total to $244,500. Black Hawk had not budgeted for this purchase so will fund it from money allocated for the Bobtail Street project. That project is being postponed. City staff is currently evaluating an option to eliminate the power plant and install a second gate process that will more accurately control and account for water storage and discharge. The power plant uses a siphon and pipeline to discharge water mainly from April through October. State Water Engineers also favor eliminating the siphon.

Dory Hill Water Project

  Velocity Constructors, Incorporated, was awarded the contract to build a tank and vortex separator unit at the City’s Dory Hill water treatment plant. The City collects water from springs and wells along Four Mile Gulch and pumps water from North Clear Creek to the Dory Hill reservoir. The existing treatment plant is unable to handle the turbidity created by spring run off and summer rainstorms. The tank and vortex separator are designed to clean up the raw water so that it is usable even during the turbid times. Black Hawk’s total construction budget for the program was approved by Aldermen at $1,242,029.

Light Pole Decor

  Black Hawk’s 140 light poles will soon sport new banners. The Aldermen approved the purchase ($15,960) for 600 seasonal banners depicting scenery or events typical of Black Hawk. In addition to Motherlode, patriotic and holiday-themed banners, visitors will likely see pictures of humming birds and chipmunks announcing, “Black Hawk Welcomes You.” Some of the banners will inform readers the City was, “Established 1859.”

Mountain City Directory

  Mountain City will soon have its own pictoral directory sign of the City departments and private businesses housed in historic “residences” there. The Aldermen directed Tom Isbester, Public Works Director, to install the sign at the Mountain City entrance on Gregory Street.

Historic Preservation Grant

  Alderman Doles declared a conflict of interest and left the room while her colleagues discussed the Preservation Easement for her home on Marchant Street. Alderman Cottrell, acknowledging there had been “a lot of criticism” about the amount requested, admitted he may have contributed to the brew when he called the bid “obscene” at the January 23^rd meeting. He retracted that statement, declaring he had done his due diligence and found the project acceptable. The estimated work, at $475,950, includes rebuilding a retaining wall behind the home, drainage, extensive rehabilitation to the exterior and foundation, and an easement that will widen the street in front of the home, alleviating what is commonly referred to as the “pinchpoint.” Doles will give up approximately 180 square feet of her front yard for the easement and the rock wall streetside will need to be rebuilt. When all is said and done, the Doles will have contributed about $64,000 out of pocket, said Cottrell. They will benefit from the beauty of the house, he commented, but the City will be the primary owner of  “everything but the interior,” he explained. Cottrell said he’d looked at other projects funded through the preservation grants and found one at $318,000 and another at $253,000 “that still needs $150,000 to finish.” Mayor Spellman noted the City would gain easement for utilities and relieving the pinchpoint “benefits the entire neighborhood.” With Doles recused, the remaining Aldermen voted unanimously to approve the funding.

Citizen Appreciation Dinner

  Alderman Doles requested the Council reconsider a date for the annual Citizen Appreciation Dinner. The date had been set for a Friday evening – one of the busiest nights for casinos, she noted. “It would be better on a Monday or Tuesday,” she commented, when casino staff isn’t so burdened. The Council agreed and came to consensus to hold the dinner on Monday, May 12^th.

MMRR Quarry Hearing

  City Attorney Corey Hoffmann put the Council on notice: Gilpin County Commissioners will conduct a public hearing on the proposed MMRR Quarry, April 15^th at the Gilpin County Courthouse in Central City, beginning at 10:00 a.m. “It will probably go all day,” he told them. The City is opposed.

Motion to Dismiss…

  Following the regular meeting, the Aldermen met in Executive Session to confer with Hoffmann about legal issues related to the City’s grant program, the MMRR Quarry, and pending litigation. After reconvening to public session the Council directed Attorney Hoffmann to file a Motion to Dismiss in response to an injunction filed by Council candidates Terrance Ballowe, John Boyer, Ken Hamko and Mayoral candidate, Tom Tyslan along with Pattie Boyer and Judith Disch-Jasper, against the City for improper procedure in adopting an ordinance. Hoffmann was also instructed to seek compensation for attorney’s fees.