Altered SB101 awaits final hearing
Black Hawk preservation funding
Senate Bill 101 took another step forward after being heard March 10, 2009, by representatives of the House Committee on Local Government. SB101 is the legislation introduced by Senator Al White (District 8), and sponsored by Gilpin’s House Representative Claire Levy, requiring Black Hawk to create an independent historic preservation commission. If passed, the bill will require that of all Colorado cities, that are not Certified Local Governments (CLG) who want to receive money from the state historical fund. Black Hawk is the only gaming city currently receiving the funding that is not a CLG. White has called the city’s preservation spending into question.
At the hearing, Levy amended the bill to remove an amendment added previously by White. “This is an area that’s defective in the bill,” she said. That amendment would have authorized Gilpin County commissioners to appoint a preservation commission to make spending decisions for Black Hawk, if the municipality decided not to become a CLG. Gilpin Commissioner Jeanne Nicholson said she had told White, when he’d called her at home, that she would support the bill if commissioners had the appointing authority, but she was not speaking for the Board of Commissioners. She said she later changed her mind, and told Levy it would be better not to have Gilpin commissioners do that. The matter was never taken up at a public commissioners meeting, although Commissioners Forrest Whitman and Buddy Schmalz both said they could have supported it. “It would be better to keep the control local,” said Schmalz, conceding he wouldn’t like another entity coming in and telling the county how to spend its money.
Black Hawk City Attorney Corey Hoffmann said the city intends to seek CLG designation. Black Hawk obtained the designation in 1995 said Dan Corson, Intergovernmental Services Director of the state’s Office of Archaeology and Historical Preservation (State Historical Society). His research showed the city had not filed required annual reports and had been notified they were out of compliance in 1998. They had responded they did not have staffing to do it, said Corson, and asked to become “inactive.” Corson said there is no “inactive” status. Black Hawk was decertified in 1999.
Hoffmann said the city has no paper trail of the event. They can reapply.
Corson and Susan Collins, a Deputy Archaeologist, will review the application and recommend whether or not to recertify Black Hawk. Ultimately that decision rests with the other partner in the CLG program, the National Parks Service, but they rely heavily on the state agents’ findings. In order to become a CLG, a city must establish a preservation commission (with required levels of expertise), an ordinance, an active survey of local historic resources, and participate in the National Historic Register Process. Hoffmann said the city has or can do all of that, but stressed that Black Hawk should be held to the same standard as similar local governments, “such as Idaho Springs.”
Black Hawk has come under fire for spending its distribution from the historical fund to rehabilitate private homes. The council has also passed an ordinance authorizing use of the funds for public works and fire protection of the city’s infrastructure, but Hoffmann stressed they have not spent any preservation funding that way. Black Hawk has taken the stand that their spending is allowed by state statute (12-47.1-1201) which states…”twenty percent of the moneys in the state historical fund shall be used for the preservation and restoration of the cities of Central, Black Hawk and Cripple Creek.” It says “preservation and restoration,” not “historic” preservation and restoration, they note. Black Hawk officials say rehabilitating the city’s residences is essential to preserve and restore their community, that without modernized homes to live in, there won’t be any residents, hence no community. They object to a special commission taking away their local control based on constitutionality, as well. Article V, Section 35 prohibits the general assembly from delegating municipal powers to special commissions. Black Hawk residents can make changes via the elective process if they are unhappy. Legislation is another way, said Levy. SB101 keeps the eligibility of projects under local control through ordinances and a city-appointed commission, but it requires that commission to have expertise and is needed for transparency, she said.
Hoffmann provided a handout detailing the city’s policies and basis behind them. Additionally, Black Hawk had invited Levy, White and other legislators to visit and evaluate the results of the Black Hawk programs, themselves, prior to enacting legislation. Levy’s schedule was too busy, she said. White called it a “snipe hunt.” The legislators do not need to conduct any investigation prior to initiating legislation.
SB101 is back in the House awaiting final reading.