Gilpin foreclosures continue to rise

Lynn Volkens

05/22/2008 - Gilpin Commissioners Forrest Whitman and Ron Slinger conducted County business on Tuesday morning, sans Commissioner Jeanne Nicholson, who is taking some vacation time. Commissioner Whitman chaired the meeting. Several Gilpinites addressed Commissioners during public comment time.

Gilpinites Weigh In

  A Gilpin woman asked Commissioners if there were studies underway on the County’s recycling program, the wildfire protection plan and a solar system for heating the swimming pools at the Community Center. She had perused the minutes of past meetings and did not find authorization of such studies, she said. She wanted to know how the studies, if they existed, were being funded and when they were due for completion. Commissioners said they had given direction to the County Manager to look into the matters and he would report back with his progress.

  A Gilpin man asked if Commissioners had signed a contract with Neenan Company for construction of the parking garage/evidence room expansion at the Justice Center. He had been doing his own research and was told by the building companies he’d called that Neenan’s price was approximately three times higher than the standard. He offered the name of a contact at one of the firms he’d called and said Commissioners might want to talk to him. “You might save some money. You might show true fiscal responsibility,” he told Commissioners. Commissioner Slinger said Neenan had been selected to do the building design and the contract for construction is being negotiated. Commissioner Whitman wondered aloud why none of the firms mentioned by the Gilpin man had responded to the County’s Requests for Qualifications (RFQ’s) during the bid process.

  A Dory Lakes Subdivision resident asked Commissioners if the County was still drawing water from Dory Lake. Commissioners were given a letter, he said, asking them to respond to violations of the 1996 lease. He wanted to know if they had yet responded. Commissioners didn’t answer but County Attorney Jim Petrock, took notes.  

Treasurer’s Report

  Gilpin County coffers held a grand total of $10,991,173 at the end of April. County Treasurer Alynn Huffman told Commissioners 47.81% of Gilpin taxes had been collected at that time, compared to 61.01% at the end of April last year. Huffman has collected 45.62% of special district taxes (school and fire districts), down from 61.14% at this time last year. The reason for the big dip, said Huffman, was because two casinos paid their full taxes (approximately $6 million) a couple of hours after the cash drawer had been closed out at the end of April, so didn’t get on the report. Expect a big jump in the figures next month, she told Commissioners.

  In her role as Public Trustee, Huffman disburses the fees collected as Trustee. They amounted to $5,678 for the first quarter of 2008. $4,971 was deposited to the Public Trustee Salary Fund and $708 was deposited to the Public Trustee Reserve Account.

  Huffman also tracks Gilpin County foreclosures. In the first three months of this year, she has recorded 24 personal and 0 commercial foreclosures. In 2007, there were a total of 58 (57 personal, 1 commercial). Commissioner Slinger commented on the sadness of the situation and asked if the rise in Gilpin foreclosures was typical of the state. Huffman assured him the number of foreclosures is rising all over as a result of interest only and adjustable rate mortgages with resulting higher payments just beginning to come in. She reported eight more Gilpin foreclosures, including one commercial foreclosure since the first quarter ended on March 30^th.

  There’s a house stealing racket on the rise, Huffman warns Gilpinites. Con artists pick a house, do their research on the ownership, assume the owner’s identity, and create forms to transfer the property, forge the owner’s signature using fake IDs, and file the deeds with the proper authorities. The house is now theirs to sell, and is sometimes sold without the real owner aware of it. According to an FBI article obtained by Huffman, the process isn’t easily prevented. It’s a good idea to periodically check all information pertaining to your house through your county’s deeds office. Any unfamiliar paperwork should be investigated, as should any new payment books or other information that arrives in the mail from a mortgage company different from the real owner’s. Even if the name on the envelope is different, the article warns, don’t throw it out. Always follow up with the company that sent it. Huffman said there had been no cases yet in Gilpin but wanted to get the word out about the mortgage fraud scheme.

Wheelers’ Subdivision Limited Use ISDS

  Loren and Patricia Anderson applied for a septic system permit in January, 2008. That permit was denied because the proposed septic system would have been too close to the well. Instead, the Andersons will install a composting toilet in the basement of the cabin at 142 Meadow Way with a 1,500 gallon grey water treatment system that meets Gilpin’s Individual Sewage Disposal System regulations. Use of the cabin is restricted to 90 days of visits by four or fewer people per visit, or 30 days of visits by no more than nine people per visit. That is consistent with their current use of the cabin, said Public Health Director Jen Lavely. The Andersons, who live in Berthoud, are required to keep a record of visitation dates, duration and number of people per visit. That record will be reviewed by County staff prior to the yearly renewal of the ISDS permit. Commissioners, acting as the Board of Health, approved the limited use permit.

Clerk and Recorder’s Report

  Gilpin Clerk and Recorder Jessica Lovingier presented her report for April 2008. The County took in $121,624 during that month, the bulk of it in ownership taxes ($71,233) and license and permit fees ($31,554). The Clerk disbursed $31, 360 to the State, $75,934 to the County Treasurer and $2,965 to Central City. $11,365 was retained in the Clerk’s department.

  Lovingier is also responsible for election operations. Under her supervision, the Clerk’s department is helping other Colorado counties program ballots for the November election. Lovingier has contracted with RKM Technologies, Incorporated  to prepare Mobile Ballot Boxes (MBB’s) using Gilpin’s election software. Gilpin is to pay RKM $5,000 ($1,500 for the Primary Election and $3,500 for the General Election) for each MBB prepared. Summit County is the first county to contract with Gilpin for these services. Lovingier said Gilpin may be helping eight other counties with the MBB’s this year. They will reimburse Gilpin for expenses, plus pay $500 for Gilpin’s administration. Even covering RKM’s costs, Gilpin’s costs and the administration fee, the other counties will pay a total of $8,500, instead of the $15,000 charged by private programmers.

  During public comment, a Gilpin woman said it didn’t make sense for a county as small as Gilpin to take on “this nightmare.” She asked Commissioners what liability the County had in the situation and was referred to the County Clerk. “Can she do whatever she wants?” the woman asked Commissioners, referring to Lovingier. Commissioner Slinger answered that Commissioners had to sign the contracts, (Commissioners approved both the RKM contract and the master contract to be used with other counties) in order for Lovingier to proceed with the arrangement. “It falls back to the pilot program and being a leader in the election process,” said Commissioner Slinger.

Boundary Line Eliminations

  Gilpin’s Boundary Line Elimination (BLE) program is designed to reduce the number of developable lots in the County, thereby helping to preserve its rural character and protect water quality. The County pays property owners a bounty of $500 for each BLE accomplished. The BLE permanently combines the adjoining lots. The program began in 1987 and has reduced the number of developable lots in Gilpin by 1,453. The program reached its height in 1999, with 54 BLE’s accomplished. Last year’s BLE’s totaled 22. At this meeting, Commissioners approved the first two BLE’s for 2008.

  BLE 08-01 combined a 13.47-acre parcel with a 3.11-acre parcel into one 16.58-acre parcel. The property, just downhill of the hairpins on Highway 46, is owned by Commissioner Nicholson and Craig Nicholson. They earned $500 for their BLE.

  BLE 08-05 combined a 1.85-acre lot with a 0.55-acre lot in Mountain Meadows Tracts. That property is owned by Westminster residents, Donald Shantz, Jr. and Patricia Gilmour. They also earned a $500 BLE bounty.

Dory Hill Spirits Liquor License

  Acting as the Liquor Authority, Commissioners approved renewal of the liquor license for Dory Hill Spirits, located at the Dory Hill Campground on Highway 46. Gilpin County Sheriff’s records are checked prior to liquor license renewals. There was nothing from the Sheriff to prevent the renewal for the applicant, Kathleen Condreay. She paid $312.50 for the one year license.

Assessor’s Report

  Gilpin County Assessor Anne Shafer reported the 2008 Real Property Notices of Valuation had been sent to property owners on May 1^st. Property owners have through June 2^nd to protest their values to the Assessor’s office. Notices of Determination for those who protest their Real Property valuations will be sent on June 30^th. Property owners have until July 30^th to protest the Determinations with the County Board of Equalization. 

  Rocky Mountain Valuation Services visited the Assessor’s office in April, to perform the annual audit.

Monthly Departmental Reports

  Human Resources Director Susie Allen reported 1,416 hits on the County’s employment web page during April. The County hired one full-time employee and three property tax work off program employees last month. One part-time employee left the County’s emply last month. As of April, the County employee count stood at 109 full-time, 68 part-time and 11 property tax work off program employees.

  The Human Services March 2008 report showed Gilpinites had benefited from $749,665 in programs funded jointly by federal, state and county sources, during the last funding cycle. $104,289 was spent in March alone, the month of this report. Services include child care, food assistance, protective services, help with heating costs, counseling for mental health, substance abuse help, etc. During March, Human Services was assisting on cases involving 24 Gilpin families and had referrals for five more. 

  Programs funded solely by Gilpin County served 151 individual Gilpinites with programs like Meals on Wheels, transportation, and the food bank.

Wolf Saga Continues

  County Attorney Jim Petrock, told Commissioners he had received “a most peculiar request” from Gilpin resident, Philip Wolf. He’s asking for the County to send him a bill for everything he owes, Petrock said. Wolf has refused to recognize the County’s governmental authority and has not paid property taxes on the land he wants to sell to the Brannan Sand and Gravel, the Denver company that wants to put in a gravel quarry in the Douglas Mountain area. Petrock speculated that land transaction is spurring Wolf’s action. Records are now being accumulated from the Clerk and Recorder, the Treasurer, and the County and District Courts to determine the amount of unpaid taxes, penalties for zoning violations (accumulating at $100 per day for more than three years), attorney fees and all other debts owed Gilpin County. Petrock said Wolf had sent a copy of payments he’d made via a 1040 voucher to the U.S. Treasury in the exact amount of past due taxes owed Gilpin County on the proposed quarry property, however Petrock said he didn’t know if that “payment” had been fabricated. Perhaps, Petrock theorized, Wolf doesn’t make a distinction between the U.S. Treasurer and the Gilpin Treasurer. Commissioner Slinger chimed in, “I’m sure the U.S. government appreciates it, but the citizens of Gilpin County would like their money.”

Executive Session

  Following the public meeting, Commissioners met with Attorney Petrock for an executive session to discuss water rights. They took no further action.

  There is no Commissioner meeting next Tuesday. Gilpin Commissioners meet next on June 2^nd.