195 Clear Creek Street

The City of Black Hawk, in its efforts to preserve the historic homes which remain of its residential area, completed another rehabilitation project shortly before the end of 2011. The completion of the preservation project at 195 Clear Creek Street, currently a rental property owned by John Thilmont and Mary Sutton, (JT Enterprises) was celebrated in December with an Open House hosted by White Construction Group.

Gilpin County Assessor records show the house dates back to 1888. Prior to rehabilitation, the two-story wood-sided home consisted of a kitchen/dining area, living room, downstairs bathroom and bedroom downstairs, with a stairway opening onto the second floor and one bedroom beyond that, all in a total area of 1279 square feet. The wood framing, wood siding and trim of the home was in poor condition, as were the wood-framed windows. A stairway incorporated into the rock retaining wall at the front of the home needed to be rebuilt for safety purposes. The rock wall also needed repair and the ornamental steel fence atop the wall was in poor shape. Drainage problems from the steep hillside behind the home also needed to be addressed. Last spring, White Construction, working from design plans by PEH Architects, began the work of bringing the home up to modern habitable standards.

Paul Pappert, of White Construction, was on hand at the open house, pleased to show off the new look of the home’s restored exterior as well as the interior changes and updates. In order to spare the newly restored hardwood floors of the living room, visitors entered the home via the back door into the kitchen. There, where the tiled floor was able to withstand tracked in dirt and scratching, folks slipped paper booties over their shoes before proceeding to tour the home. Pappert served as tour guide, answering all manner of questions about the project. Leveling work for the foundation of the home was a big challenge, Pappert said. The bedrock proved stubborn, melting the tips of the 90 pound jackhammers and disintegrating carbide blades. Materials were carefully examined for reusability. Any deteriorated framing lumber was replaced, as was wooden siding that had rotted. The roof was stripped to the planking, re-sheathed and re-shingled with asphalt shingles made to look like the wood shingles the home likely had originally. Windows were replaced with more weather-resistant metal-clad wooden ones. All plumbing, heating and electrical systems were replaced. The exterior was repainted in the same white/with red trim as before the restoration. The ornamental fence was repaired to top the rock retaining wall and a railing was added to the exterior steps. White relocated and buried the gas and electric lines behind the rock wall.

Inside, the kitchen, which had been in particularly poor condition, was completely remodeled with careful preservation of the multi-paned built-in cupboards along one wall. Off the kitchen, a cold-storage/cellar area, incorporating the natural stone wall of the hillside, provides access to the side yard. The downstairs bathroom was remodeled. All flooring was restored. With fresh paint on walls and trim, and sunlight pouring through the front bay window, visitors commented on the cheery “feel” of the first floor. The home has only a partial second floor, located in the mid-section of the structure. The stairway to access that floor was moved and the area at the top of the stairs reconfigured to add an upstairs bathroom and a small sitting area or “study” leading into the bedroom. No square footage was added during the rehabilitation, but the reconfiguration and upgrading made for better function and livability (as well as meeting current safety codes.) Today’s occupants will no doubt appreciate the improvements. The “ghost” at 195 Clear Creek Street certainly didn’t object to the work. Pappert said he and numerous workmen experienced repeated incidents throughout the construction, when they smelled “her” perfume. “No lie,” Pappert insisted, adding that no one was really bothered by the strange occurrence, because “Who can object when it’s one (a ghost) that smells so good?”

The 195 Clear Creek Street rehabilitation was a joint project with a similar project at 161 Marchant Street (also a rental property owned by Thilmont and Sutton). White Construction consolidated costs to do both projects, completing the Marchant Street home just a few months prior to the Clear Creek Street project. The budget for both restorations was $724,150 plus $30,000 to relocate the utility lines and $30,000 for materials, testing, inspections and permits. Funding for the projects was done through Black Hawk’s Historic Preservation Grant program, made possible by disbursements from gaming revenues.

Homes that date back more than 120 years, such as the one at 195 Clear Creek Street, have seen a lot of living. Linda Armbright, current Black Hawk City Council member, recalled the ties the home has to her family. Her grandparents, Harry and Mary Blake, lived there. The house was too small for Harry and Mary’s five children (the “Blake boys”) so they expanded the family domicile to include the home next door, although Armbright said she didn’t realize that at the time because she was so young. Much of 195 Clear Creek Street looks the same after the rehabilitation, she said, “just nicer.” She recalled the family get-togethers in the little home, “I don’t know how we did that,” Armbright said, wondering at how small the house is and how her grandmother (“She was Italian, you know,”),  managed to cook for all of them in “that kitchen with the old green sink and just a table – there were never any counters.” In many ways life was different for the city’s families back then.  In a community as small as Black Hawk’s, the roots of the family trees are tied to these homes, and those roots are deep, multiplied by generations. With its rehabilitation program, the City hopes to preserve the old homes for many generations to come. There are fewer than 100 historic residences in Black Hawk. More than 30 have been rehabilitated over the past decade or so, and several more await preservation as funding becomes available.

New streetscape, equipment, expanded shuttle service, bonuses, and marketing

Central City Mayor Ron Engels and Aldermen Bob Giancola, Rita Lee, Bob Spain, and Shirley Voorhies wrapped up 2011 by preparing for 2012 and approving several financial agreements to cover future services. They also were introduced to Greg Thompson, the City’s new Community Development Director. Thompson had started his Central City employment just two days earlier.

Paying the Bills

The Council approved the Regular Bill lists of December 8 and 15, totaling $686,303. Included in the lists were expenditures of $255,957 (Streetscape payment #3); $2,885 (historic preservation grant for 229 Eureka); $14,342 (general legal counsel and litigation); and $11,028 in water-related expenditures. As of December 15^th, the City’s cash-on-hand totaled $1,495,255.

Liquor Licenses Renewed

  Acting as the Liquor License Authority, the Aldermen renewed the annual liquor licenses for the Elks Lodge and the Opera House Association.

HVAC Lease-Purchase

  There was no public comment during the public hearing held for Ordinance 11-15, which was up for second hearing. The Aldermen approved the ordinance. It specifies the lease-purchase agreement related to Heating, Ventilation and Air Conditioning (HVAC) equipment which will be installed at City Hall and at the Visitors Center. Additional equipment will be purchased under this agreement for lighting on the Parkway. The City will borrow $489,773 from Colorado Business Bank to acquire the equipment. The interest rate for the loan is 3.30% which will total $95,573 if the loan runs for the full ten-year term.  The Aldermen have budgeted $65,000 from the Historic Preservation Fund to cover the 2012 payment ($61,865) and plan to appropriate approximately $57,702 of the same fund for the subsequent annual payments.

Device Fee Change

  Representatives from Famous Bonanza and Easy Street, Johnny Z’s, the Century and Fortune Valley casinos  (the latter with reservations)spoke in favor of Ordinance 11-16 which tacks on $5 to the monthly transportation device fee for Central City casinos. The new levy will raise that fee from $22.08 to $27.08 per device, per month. The City will contribute $50,000 to the amount raised by the additional fee and the funds will be used to create a combined marketing budget of about $170,000. The funding will be remitted to the Business Improvement District (BID) and used for joint advertising and marketing efforts. Fortune Valley, with the most devices of any one casino, will bear the brunt of the fees. Their representative noted that Fortune Valley wasn’t happy about the way the fees are being divided, particularly since Fortune Valley is not positioned on Main Street and is unable to take advantage of the new Streetscape. However, he said, in the interest of progress, Fortune Valley will not oppose the fee change. Following the public hearing, the Council approved the ordinance. The revised fee is effective immediately and will remain in effect for one year, with the option to renew annually.

Council Rules of Procedure

  The public remained silent during the public hearing for Ordinance 11-17 which revises the Municipal Code (Section 2-79) regarding the Council’s Rules of Procedure. After Mayor Engels closed the public hearing, the Council approved the ordinance. It deals with meeting procedure and personal conduct of Council members related to meetings and other settings. City Attorney Linda Michow explained that the main difference was the elimination of language that calls for the removal from Council of a member for failure to comply with the Rules of Procedure. A Council member may still be sanctioned by written or verbal reprimand, formal written censure or removal from a Council-appointed position or membership on any board or commission; however the member cannot be removed from the Council.

New Street Sweeper

  In approving Ordinance 11-18, the Aldermen approved a lease-purchase agreement to buy a new Tymco Model 435 Regenerative Air street sweeper. The total amount being financed is $109,825. The term of the agreement with Tymco is four years at an annual interest rate of 3.29%. Annual payments will be $28,957. If the loan is not paid off early, the interest will amount to $6,001. No one spoke either for or against the purchase during the public hearing dedicated to it.

Shuttle Service

  The Council amended and renewed the agreement with Colorado Coach to provide shuttle service between casinos in Central City and to Black Hawk for another year. The cost for basic service in 2012 will be $404,145. That amount is approximately $100,000 more than paid in 2011 as the City plans to expand the hours and route of the service. The Council allocated $415,000 in the 2012 budget to cover basic service plus wrapping the buses and marketing. One change in the agreement is that the BID will be managing the service next year, rather than the City.

Historical Society Lease

  Also renewed was the lease agreement with the Gilpin County Historical Society for their use of Washington Hall. The original six month lease, agreed to in April, 2011, has been extended to a full year, running from January 1 to December 31, 2012. The Historical Society pays the City $1 (with a $10 penalty per day for late payment) plus in-kind services of operating a public museum in the space six days per week (including holidays that fall on Monday) and keeping the premises in good order. The exhibit on display since last April is themed “Law & Justice” and relates to the structure’s history. The Historical Society also uses the space as headquarters for providing tours of the Opera House and Teller House. The Council formalized this agreement by adopting it via Resolution 11-39.

Building Inspection Service

The Aldermen adopted Resolution 11-40, approving an agreement with Colorado Code Consulting, Incorporated to provide building code, building inspection/ plan review, and elevator inspection service for 2012. There is no cost to the City as fees for the services are passed through to property owners. Colorado Code has a fee schedule with hourly rates or project percentage rates that vary depending on the type of service, the frequency of service and the type (residential or commercial) of project.

Trash Collection Service

  Resolution 11-41, also adopted, provides for another year of city wide trash collection service. The City has budgeted up to $50,000 for the service; the projected cost of service for 2012 is $42,500. That’s based on a fee of $18.35 per home, up to 75 homes and a discount to $17.35 per home if the number of homes exceeds 75. One Way, Incorporated provides the service. Mayor Engels pointed out that trash collection is free for Central City residents. “Just call City Hall and we’ll get you on the route,” he advised, adding, “There’s no need for residents to use commercial dumpsters.”  Homeowners must provide their own trash containers. One Way also provides curbside collection of recyclables.

Spelling Bee Funding

  Gilpin County RE-1 School District asked the Council to consider making a donation (any amount would be appreciated) for the Middle School Spelling Bee prizes. The Bee will be held on February 9, 2012. The Finance Director, an alumnus of the school reckoned there might be a hundred spellers participating. The school has traditionally given cash prizes of varying amounts to the winners. The Council decided to donate $100 from the City’s Public Education Fund. Council member Lee amended the original motion from $100 to $250; however her motion died for lack of a second. The school also sought judges for the Bee. Finance Director Shannon Flowers volunteered.

2011 Audit

  With the Council’s approval, John Cutler & Associates will again be the firm performing the City’s annual audit. The firm was originally approved to do the 2010 audit and at that time, submitted a bid for three years of audits and was selected as the lowest most qualified respondent to the City’s request for proposals at that time. The cost to perform the 2011 audit, at no more than $19,000 reflects a $900 decrease from the cost of the 2010 audit.

Staff Bonuses

  In a split vote with Mayor Engels breaking the tie, the Council approved bonuses for City staff. Aldermen Giancola and Lee voted against, Lee stating that it isn’t wise to do bonuses at this time and that if the City does get extra money in 2012, it could be spent on sidewalks, grants, or to reduce water bills. “You’re working hard,” she said to City staff attending the meeting, “but a lot of my friends and family are working hard, too, and there are a lot of people without jobs.” Giancola said he didn’t want to be a Scrooge, but advised the City be prudent and conserve resources. Suggested bonuses range from $50 to $200 with a total fiscal impact not to exceed $3,000. $2,400 of the bonus money will be taken from the City Manager’s discretionary fund. Lanning excluded himself from receiving a bonus.

Judge Retires

  After 32 years of service as Central’s Municipal Court Judge, Judge Fred Rodgers has tendered his resignation, the Mayor announced, and suggested giving the judge a parting gift. The Council approved unanimously.

From Departmental Reports

  Public Works: The Streetscape project was substantially completed as of December 24^th and the City tentatively plans to have some kind of ribbon-cutting ceremony, possibly in conjunction with the BID, in spring 2012.  The search is on for a Streets & Facilities Manager in the Public Works Department. The new snow plow truck has arrived and is ready for service. Public Works staff recycled over $2,500 in steel.

Fire Department:  From mid-November to mid-December, the department handled 33 calls, a third being medical calls. There were a couple of elevator rescues and over the November 12-13 weekend, the department responded to four power line-related tree and/or grass fires. Breakdowns and repairs for three of the department’s vehicles necessitated taking them to the metro area during this time period.

Public Comment

  Barbara Thielemann, one of the organizers of Tommyknocker weekend, thanked the City and a long list of other participants for their part in making the annual festival a success.

Gloria Gaines, who chairs the Historic Preservation Commission and is President of the Gilpin County Historical Society, welcomed Thompson and thanked City staff and Council for their help and support of both organizations. She also asked Council members to speak up, speak plainly and to speak into their microphones.

Heads Up

  Central City Council meets next on January 17, 2012. A goal setting work session has been scheduled for January 19, 2012 at 6 p.m.

Already assessing ways to save tax dollars

The final meeting of the year for Timberline Fire Protection District’s Board of Directors, and the first board meeting for Timberline’s new Fire Chief, Chris Jennings, occurred December 13, 2011. President Rick Wenzel and Board members Roger Durham, John Etzkorn and John Rittenhouse attended in person; Jim Crawford attended via conference call from Maryland.

Chief’s Report

  Chief Jennings, the district’s first full-time paid fire chief, reported for work the first week of December. He said he had spent most of that week getting oriented and establishing his presence in the area. To that end, he had met with fire department officials of Black Hawk, Nederland and Central City fire departments as well as personnel from all of the police departments and officials of Gilpin Ambulance Authority. From those meetings and discussions, he said he’d found that there are accountability issues with radio communications and that a solidified procedure for arriving on scene and assigning tasks is needed. Only the Black Hawk department had a procedure in place that met Jennings’ requirements.

Jennings had toured Timberline’s stations and conducted impromptu inspections of some of the apparatus. He said he had concerns about maintenance and whether the equipment met the real requirements of the district. He had met with Timberline’s officers and said they are putting together a document listing their concerns and suggesting ways to address them. He is devising a process to route maintenance requests through one source for better tracking. In meeting with Timberline’s volunteers, Jennings said he’d found, “There’s a tremendous amount of skills in the firefighters that we can pull into the department.”

The new vehicle, Quick Response 7, is now in service and more medical supplies for the truck’s inventory are on the way, possibly grant funded. Jennings said there had been discussion with Black Hawk, Central City, and Nederland officials about trying to consolidate an approach to more county response as that will afford better grant opportunities.

Jennings had offered his recommendations for specifications on the new Tanker that Timberline has on order. He suggested adding changes to the pump panel door, cross lays and engineering for front bumper discharge capability so a monitor can be added later allowing a single operator “to drive along and lay down a good line of water along the roadside.” The front bumper discharge will also alleviate problems of running hose when dealing with a constricted driveway. The tanker will be used for wild land fires and structure fires. Durham said he liked the idea of being able to do a back burn with this truck. Jennings praised the flexibility of the modified truck. He said he’d be looking at reducing the district’s fleet, possibly eliminating some apparatus which will save the district in pump test, maintenance and other costs. The Board authorized additional expenditures of $15,000 and Jennings was directed to contact the vendor and re-do the bid specifications. That bumped the purchase price of the truck from $296,000 to approximately $317,000 with a $5,000 contingency fund.

The Board has also tasked Jennings with determining the administrative needs of the district. He said he is addressing efficiency issues in the day-to-day operations of the district office, including document storage and the email and communication system. The phone system purchased and installed last spring has been problematic and Jennings said he is looking at options.

Health Insurance

  The vote was split in approving an increase in the district-paid portion of health insurance premiums. The Board felt the district needed to offer health insurance as a benefit to attract the best candidates for the Chief position and in order to acquire more affordable group insurance rates, the district needed have at least two employees participating in the insurance plan. In addition to the chief, the district bookkeeper opted into the program. However the insurance will come at a higher cost than the Board had agreed to, approximately $144 per month for the chief and $57 for the bookkeeper. The Board had agreed to a total monthly premium of $125 and was now looking at $201. Rittenhouse asked how that increase happened when the Board didn’t approve it. Wenzel said “I assumed we did – it was a mistake.” When Rittenhouse asked for a reason to increase the district’s payment, Wenzel told him the bookkeeper said he would drop the insurance if he was expected to pay the increase in his premium; then the district would have no insurance plan for the Chief. Rittenhouse pointed out that the Chief’s contract stated the lower rate and if the district agreed to pay more, asked, “What concessions will we get from the Chief? We’re increasing the value of his contract and we shouldn’t do it capriciously and get nothing in return.” Rittenhouse and Durham argued that the chief’s contract was binding; they could not just change it with a motion but should renegotiate the contract. Etzkorn countered the district made the insurance decision on the best information they had at the time, “We didn’t know we couldn’t get the rate we thought we could,” he said, adding he saw no reason to renegotiate the contract and the district could pay the insurance bill. Rittenhouse had taken the position that the district should have “done our homework properly in the first place.” He and Durham voted against increasing the district’s bite of the insurance bill without renegotiating the contract. Wenzel, Etzkorn and Crawford voted in favor.

Vacation Time

  As a matter of housekeeping, the Board voted to begin the chief’s vacation accrual immediately so that after one month of employment he is eligible for 80 hours of vacation time with future accruals at the same rate for subsequent years. His contract is to be changed to reflect that, “when we change the contract to adjust for the health insurance,” Rittenhouse moved.

Budget

  After making final adjustments to the proposed 2012 Budget, the Board approved it. Among the changes: the expenditures from the Capital Replacement Fund were increased from $626,412 to $641,412; the General Fund health insurance expenditures were increased by $3,100; and the $6,600 allowance for cleaning the stations was eliminated at Durham’s request and Jennings supportive statement that cleaning should be the station lieutenants’ responsibility. When all is said and done, the General Fund will finish 2012 with a deficit of approximately $225,000; and the Capital Reserve Fund with a deficit of approximately $250,000. Revenue projections include assumptions of $25,000 in grants and $10,000 in miscellaneous contributions. There was a question about pension funding and Jennings was directed to confirm that all necessary funding from the pension fund of the old Colorado Sierra Fire Protection District had been transferred to the Timberline pension fund.

The Board appropriated the following revenues: $3,622 (Boulder County Water Supply Fund); $1,009,241 (General Fund); $1,500,344 (Pension Fund); and $883,290 (Capital Replacement Fund). The total of the appropriations is $3,396,497. They certified Timberline’s mill levy at 8.342 mills.

Election 2012

  Three seats on Timberline’s Board will be up for election next April. Durham and Crawford’s seats are held over. The directors awarded the contract for Timberline’s Designated Election Officer, the person responsible for running the election, to Micki Wadhams who is a paralegal of the law firm Collins, Cockrel & Cole. Election costs are not to exceed $5,000.

Central City Inclusion Proposition

  Jennings is researching different aspects of the merger proposal brought to Timberline’s directors by Central City Mayor Ron Engels and City Manager Alan Lanning. Jennings said he was looking only at the area covered by Central City Fire Department and had excluded no man’s lands surrounding Central City. Central is willing to provide financial support of $150,000 for the first five years, Jennings said. The mill levy would raise approximately $375,000 in revenues. Jennings said the big issues are the impact on Timberline’s operations. He noted that merging would provide an opportunity to consolidate training and standardize procedures. Central has an excellent structure truck, he said, and a brush truck plus other equipment. He conceded some firefighters would probably leave if Central’s department merges with Timberline’s, but that over time and with recruitment, that will likely work out. Centralized administration would improve productivity and cost savings, Jennings said, and there are additional grant opportunities in covering the Central City area (mineral and energy funds because of mining sites). Jennings said he is really looking at the operations side before he can make a recommendation, but that as Timberline’s department is primed for procedural changes now, the timing might be right to take on the Central City area. “I’m hearing that like it or not, Central City will probably become a district in the next few years.” Jennings was cognizant of firefighter loyalty and the identity of Central’s department. He suggested the organization might be Timberline Fire Protection District – Central City Division and that the current Central City Fire Chief would have to be maintained. Pension would need to be addressed. Jennings said Lanning is “ready to go – he has the money to eliminate the pension discrepancies.” Etzkorn noted that Timberline’s pension payments would have to go up to match Central’s. Faced with losing Department of Local Affairs (DOLA) grant opportunities if Central City becomes part of Timberline, Jennings said he would go directly to the casinos for funding. Besides these issues, there is much more to investigate – station location, Parkway coverage, actuarial figures, etc.  The Board plans to discuss the matter fully in a work session, tentatively scheduled in March 2012. Board members are to compose their own lists of questions which can be consolidated into one list for that work session. For now, “Our chief should be strictly operations focused – there’s enough to do within our own department,” Etzkorn advised.

Heads Up

  Timberline’s Board of Directors’ next business meeting is scheduled for January 18, 2012. They discussed, but have not yet scheduled a work session to discuss the administrative job descriptions. Wenzel suggested that work session occur in January with a special meeting scheduled in February for any immediate action needed.

2012 Pay Plan, Holiday Schedule, Employee Benefits

Black Hawk Mayor David Spellman and Aldermen Linda Armbright, Paul Bennett, Diane Cales, Jim Johnson, Tom Kerr and Greg Moates met for their final City Council meeting of 2011 on December 14, 2011. Public hearings were held for two ordinances (Council Bills 22 and 23) and two Resolutions (37 and 38) prior to action, however there was no public comment supporting or opposing any of them. The Council dealt with Certificates of Appropriateness for two casinos, a couple of residential emergency preservation grants, one water project and plans to purchase a new backhoe, as well as a new bus.

2012 Pay Plan

  With the Council’s approval, salary ranges for Black Hawk employees were increased across the board with a 2% Cost of Living Adjustment (COLA) for 2012. The minimum annual salary (Grade 95) begins at $27,291 ($13.12 per hour) and reaches a maximum of $122,402 (Grade 211) before reaching the Executive Level. The executive range (Grades 301-309) begin at $70,976 and end with a maximum of $141,875. The firefighters and police officers have their own pay scales. Firefighters begin at $51,460 with a maximum of $69,623. Police officers begin at $54,033 and max out at $73,104. Seasonal workers are paid hourly at a range of $10.87 to $14.71.

BID Appointments

  The Aldermen appointed Brian Cloud and Steve Lambert to the Board of Directors for the Business Improvement District (BID).

231 Dubois Street

  Approval of a Certificate of Appropriateness for homeowners Leon and Olivia Pohl to construct a shed at their Dubois Street property was continued from the November 9^th meeting. At that time the Pohls had proposed building a 16 x 12’ storage shed. They had revised their plan to downsize the shed to 12 x 12.’ The Aldermen adopted Resolution 37-2011, approving the Certificate. Regulations allow construction of additional structures on residential property with square footage of up to 35% of the square footage of the primary structure. City staff determined the footprint of that structure, the residence, to be 1,205 square feet making the area allowed for additional structures a total of 422 square feet. Two sheds already exist on the property. Adding the third will bring the total square footage for additional structures on this property to 387 square feet.

Red Dolly Sign

  The Aldermen adopted Resolution 38-2011, approving a Certificate of Appropriateness for a new LED sign at the Red Dolly Casino. That sign will be approximately 6’ x 12’ located on the east side of the building.

271 Church Street Boiler

  The smell of gas and a subsequent inspection by the Black Hawk Fire Department alerted the residents of the home at 271 Church Street of a malfunctioning boiler. The boiler was shut down and the gas cleared from the building, and then the tenants were allowed to reoccupy the home. The property owner, Jeannie Larkins, at the recommendation of the repairman who inspected the system the day after the leak, replaced the boiler and indirect hot water system at a cost of $8,876. She applied for reimbursement under the City’s Emergency Preservation Grant Program. The Aldermen concluded that the faulty system dated back to 1997 so met the requirement of being ten years or older. Larkins had also met all the reporting, permit, contractor, repair and documentation requirements of the program. The Aldermen awarded the full reimbursement.

130 Chase Street Tree Removal

  The windstorm that toppled trees throughout the area on November 12, 2011 uprooted a 120’ Blue Spruce at John Anderson’s 130 Chase Street home (landing it across the neighbor’s front yard), topped two other trees of similar size and damaged a fourth. Anderson requested Emergency Grant funding of $4,000 as reimbursement for the cost of removing the four downed or damaged trees. State Farm, Anderson’s homeowner’s insurance provider covers $500 of the expense, after Anderson pays the $500 deductible. The Aldermen approved reimbursement of $3,500. State Farm will cover repairs to the utility lines, electrical service panel and wire fence that were damaged when the first tree fell.

City Tax/Fee Waiver

  Hotel developers will get a financial break from the City with the Council’s approval to “…forever waive and forego the payment of any use tax otherwise due and payable, and the payment of police and fire impact fees that would otherwise be due and payable for the construction of any hotel project within the City consisting of at least 50 hotel rooms…” The waiver excludes any square footage of construction projects that is related to gaming or restaurant use.  In order to qualify for the waiver, completed land use applications must be received by the City on or before December 31, 2012 and construction of the hotel project must commence on or before December 31, 2013. The tax/fee waiver is part of the City’s efforts to diversify its economy and entice developers of hotels and other amenities to locate projects in Black Hawk.  The Council formalized the tax/fee waiver by adopting it with Resolution 39-2011.

Employee “Cafeteria” Health Plan

  Upon the recommendation of City staff, the Aldermen selected Discovery Benefits as the provider for the City’s Section 125 Cafeteria Plan, pre-tax Flex Spending Accounts (FSA) for Medical/Dependent Daycare expenses. AFLAC had been the former provider. Approximately five Black Hawk employees participate in this plan. The majority of the City’s employees have opted for a Health Savings Account plan. Discovery Benefits offers a three year rate guarantee with the cost estimate for annual administration of the plan to be $500.

Workers’ Compensation Provider

  The Aldermen chose Pinnacol Assurance as the City’s 2012 provider of Workers’ Compensation insurance at a cost of $108,365. That rate represents a savings of nearly $20,000 over the 2011 policy, despite a slight increase to the City’s payroll in 2012. Administrative Assistant Melissa Greiner told the Council the City now receives the best rate offered by Pinnacol because of a good safety record and reduced claims. Black Hawk’s policy is to file every claim and to file within 24 hours of the incident warranting the claim.

New Backhoe

  The Aldermen approved an expenditure of $70,818 for the purchase of a CAT 420E rubber tired backhoe from Wagner Equipment. That City received a trade allowance of $19,000 for their 1994 John Deere 410 backhoe as part of the deal. By purchasing the new model at this time, the City can obtain a tier 3 engine before stricter emission controls take effect. The backhoe will be used by the Public Works fleet, street and water departments. The City is also shopping for new street-sweeping equipment.

Bus Purchase Assistance

  By contracting for cooperative purchasing with the Houston-Galveston Area Council, Black Hawk can take advantage of the larger agency’s purchasing power to acquire a new shuttle bus. The Houston-Galveston Council is already approved by the Federal Trade Administration (FDA) and the Colorado Department of Transportation (CDOT) and will act as Black Hawk’s purchasing agent. The contract term ends December 31, 2011 with automatic annual renewal for following years (based on the fiscal year). The contract does not specify any amount Black Hawk is to pay for the purchasing service. The Aldermen approved the contract via Resolution 40-2011.

Conduit via Flume

  The Aldermen adopted Resolution 41-2011, approving a license for Edward Smith to run conduit through the City’s flume from his property on Main Street (Wildcard Casino) to his properties on Gregory Street (Sasquatch Casino and Black Hawk Station Casino). The conduit will enable the electronic transfer of data between the properties.

Hidden Valley Water Plant Construction

  American Civil Constructors and WHPacific were the contractors selected by the Aldermen to do the construction and engineering work, respectively, at the hidden Valley Water Treatment Plant. The work will replace the infiltration system and increase the flow capacity from 400 gallons to 800 gallons per minute. Various attempts to improve the current infiltration system, which dates to 1998, have not been able to keep pace with the required flow to the plant. The new design should provide a reliable intake to the plant, allows for a second filter train to be installed, can be backwashed with both water and air, uses stream flow to scour sediment from the surface of the system and is expected to last “well into the future.” The Aldermen approved a total project budget of $942,033.

2012 Holiday Schedule

  The Council approved the following paid holidays for Black Hawk employees: January 2 (New Year’s Day); January 16 (Martin Luther King, Jr. Day); February 20 (President’s Day); May 28 (Memorial Day); July 4 (Independence Day); September 3 (Labor Day); October 8 (Columbus Day); November 12 (Veterans Day); November 22 and 23 (Thanksgiving); December 24 and 25 (Christmas); and December 31 (New Year’s Eve).

City Manager’s Update

  City Manager Jack Lewis informed the Council that the chiropractor who currently rents space in Black Hawk’s commercial building has given notice. At the other end of town, the Riviera’s new owners had held their first internal meeting and that process is moving ahead, Lewis said.

Attorney’s Update

  City Attorney Corey Hoffmann told the Aldermen that the Brannan Sand and Gravel litigation is scheduled to be heard in the Court of Appeals in February and that Black Hawk, Gilpin County and a private property owner are defending the County’s 2008 decision to deny Brannan a special use permit for a gravel quarry.

Public Comment

  A Black Hawk resident told the Aldermen he hoped they would not back down when it came to protecting Black Hawk’s allocation of Historic Preservation Funding; that each of Colorado’s gaming cities had made decisions at the beginning of gaming and that Black Hawk had made the industry a priority for their city, not only for historic preservation but to make gaming something that would contribute significantly to the health of the community. “There are more (historic preservation) needs in other cities because of the decisions they made at that time and the solution cannot be to punish the one city that made the right decision.” He pointed out that Black Hawk residents also had more sirens in the night and more crime in their city than the other cities.

Gilpin County residents Pete and Jessica Dionne introduced themselves to the Council and said they are considering buying the Mountain Mocha Coffee Shop located in Black Hawk’s commercial building. They will lease the commercial space from Black Hawk and have presented a business plan for the Council. Mayor Spellman said the Council would discuss the proposal and lease arrangement in an executive session.

Executive Session

  The Aldermen met with their attorney in Executive Session following the business meeting to discuss pending legislation and pending litigation. Following the executive session, the Council directed their manager to write a letter to Central City and Gilpin County officials letting them know that Black Hawk has no interest in participating in the consolidation of emergency services (such as fire protection services) other than those of Gilpin Ambulance Authority.

Heads Up

  Black Hawk City Council meets next on January 11, 2012.

Board of Trustees Meeting

The Nederland Board of Trustees (BOT) met at 7:00 p.m. on Tuesday, December 6, 2011, at the Nederland Community Center. Members present were: Mayor Joe Gierlach, and Trustees Janette Taylor, Randy Lee, Chris Perret, Peter Fiori, and Annette Croughwell. Mayor pro tem Kevin Mueller was absent. Also in attendance were: Alicia Reis (Town Administrator), Teresa Myers (Town Clerk), Carmen Beery (Town Attorney), Eva Forberger (Town Treasurer), and Jason Morrison (Public Works Manager).

Before beginning the meeting, the Board and attending public observed fifteen seconds of silence in memory of Mike (Michigan Mike) Torpie, who died recently.

Consent Agenda

  December 6, 2011 accounts payable, and November 15, 2011 meeting minutes were approved. A grant application for Statewide Internet Portal Authority (SIPA) was approved. The grant’s purpose is to improve mobile functionality of the Town’s website. Other items approved were a GreenPlay agreement pertinent to the Parks/Recreation Master Plan update; an amendment of the 2011 COP agreement with Boulder County; and 2012 lease renewals for Town properties. The police department lease was discussed. Prior to approval, with opinions that the shopping center space should be donated by the center’s owner, or the police department should be moved to the west wing of the Community Center. Two additional resolutions, Resolution 2011-24, adopting the Town 2012 Holiday schedule, and Resolution 2011-25, adopting the Town Official Notice Posting Sites, also were approved.

Public Comment on Non-Agenda Items

  Kristin Freland informed the Board that NedFest, an event previously operated by Mike Torpie, now deceased, would be continued as an effort of a non-profit entity being formed. Dawn Baumhover, Community Center Coordinator, offered information on a Clothes Closet soon to commence being held on Saturdays at the Community Center; it would be a clothes exchange conducted to benefit low-income people in the Nederland area. Eldora Mountain Resort will be donating items from its lost and found department to the Clothes Closet.

Informational Items

  Alisha Reid introduced the topic of a Citizens Commendation Award, from the Boulder County Sheriff to the Boulder County Mountain Communities Preparedness Group, explaining that it was awarded to those who have worked diligently on emergency preparedness in local mountain communities.
Action Items

  Ordinance 699, adopting a summary of revenues and expenditures for the 2012 budget was unanimously approved.

Ordinance 700, adopting the 2012 budget appropriations, was unanimously approved.

Ordinance 701, adopting the 2011 supplemental budget, was unanimously approved.

Resolution 2011-26, adopting the mill levy for the Town, was unanimously approved.

Resolution 2011-27, adopting the mill levy for the DDA, was unanimously approved. Alisha Reis explained that the DDA boundaries are being reviewed by the Town’s lawyers.

Resolution 2011-28, adopting the 2012 fee schedule, was unanimously approved. The $5.00 fee for dog licenses is being waived for 2012 to encourage residents to obtain dog licenses.

Resolution 2011-29, adopting the 2012 water/sewer rates, was unanimously approved. The rate increase for 2012 was 1/3 lower than had been previously anticipated, because a better loan rate had been obtained on the new wastewater treatment plant.

Resolution 2011-30, regarding the disposition of public lands policy, was unanimously approved, with an amendment including property tax as a consideration of a benefit to the Town. It was explained that while most municipalities simply vacate unused rights-of-way, it also is lawful to demand some compensation to cover the loss of the land.

Permission to permit discharge of water to prevent freezing of service lines or water mains was unanimously approved. There will be no additional charge to Town residents, and water will not be discharged onto the roads.

Appointment of Jeramy Kindle to the DDA was unanimously approved. State statute requires the Board to fill the vacancy within 30 days, and since that time frame had already passed, the Board was intent on fulfilling that obligation as quickly as possible.

Discussion Items

  The new snow removal policy was reviewed by Public Works Manager Jason Morrison. Prioritizing of routes, handling of parked cars along emergency routes during snowstorms, and possible extension of service to elderly and disabled people were reviewed and discussed among Board members. Owners of parked cars along emergency routes will receive one warning, and then their cars will be towed if not moved. It is planned to keep Lower Navajo Trail open this winter, with a new culvert installation to facilitate that effort.  Commitment to extra service, such as driveway entrance clear-out for the elderly and disabled, is not fiscally feasible, and possibly might be addressed with assistance from volunteers. Staff was directed by the Board to determine need and demand for that extra snow removal effort. Paul Turnburke mentioned that maintenance of previously DDA-maintained sidewalks will be taken over by Public Works personnel, and DDA funds will cover the maintenance expense.

Other Business

  Trustee Fiori requested replacement of a stolen microphone and a blown amplifier for the BOT audio equipment, and was directed to coordinate with Town staff to replace those items, and address security issues. Trustee Perret questioned the lack of hot water during the recent community Thanksgiving dinner at the Community Center, and was directed to coordinate with Mayor pro tem Mueller to address the problem.

Adjournment

  The meeting was adjourned at 9:52 p.m.

The next Board of Trustees meeting will be held at 7:00 p.m. on January 3, 2012, at the Nederland Community Center, 750 Highway 72, Nederland, CO.

Black Hawk Mayor David Spellman, City Manager Jack Lewis and City Attorney Corey Hoffmann paid a visit to the Board of Education at Gilpin County RE-1 Schools at the regular School Board meeting of December 5, 2011. The three Black Hawk officials said they wanted school officials to be aware of a potential threat to the revenue stream the school currently receives from Black Hawk. In January 2009, Black Hawk began disbursing the proceeds from their “Educational Enhancement Tax, a 1.5% dedicated sales tax, directly to the school. To date, the school district has received $1,624,258. In the ordinance establishing the tax, Black Hawk officials stipulated that the funding must be used to directly benefit the students in the classrooms of Gilpin RE-1, and is not to be used for administration. The school has used the money appropriately; the threat to the school’s revenue stream is from the two other Colorado gaming towns, Central City and Cripple Creek.

In November, 2011, officials of Central City contacted officials of Cripple Creek inquiring if that municipality would be interested in changing the way the state distributes historic preservation funds. (Black Hawk officials were not contacted.)  Historic preservation funds are derived from gaming tax revenues and distributed annually. Colorado keeps 50% of the revenues for the state’s general fund. The state distributes 12% of the revenues to the gaming counties, Gilpin and Teller. 10% of the revenues is distributed to the three gaming towns. The Colorado Historical Society receives 28% of the revenues, the “historic preservation funding.” The state historical society retains 80% of that 28% portion and the remaining 20% must be disbursed to the gaming towns for local historic preservation projects. Per Colorado’s constitution and as with gaming tax revenues, each gaming city’s portion of historic preservation funding is to be allocated in proportion to the percentage of gaming revenue generated in the respective cities. Black Hawk casinos have historically generated the bulk of the gaming tax revenue each year (76% in fiscal year 2010-11). Central City casinos generated approximately 11% of gaming tax revenue for the same period and Cripple Creek, about 13%.  Consequently, Black Hawk is the municipality receiving the bulk of the historic reservation funding.  For the 2010-11 fiscal year, Black Hawk’s share of the historic preservation funding was $3,557,150. Should Black Hawk lose that funding, “It would be a heavy financial hit,” Spellman said.

Central City Mayor Ron Engels has said his city would like to receive a greater amount of “some portions” of that (historic preservation) funding.  Engels said that gaming is different after 20 years, referencing the Amendment 50 changes made to allow 24 hour gaming, expanded games and higher limits. The way in which historic preservation funding is allocated is another aspect that should change, he said; the core value of using the funding for historic preservation remains, but “A change in distribution would allow the historic preservation money to flow more easily to where the need is greatest.”  Changing from the current “revenue-proportionate” formula of distribution would require a constitutional amendment.  Engels stressed that at this stage everything is “very premature”- there are only ideas and conversations. Word of those conversations has reached state legislators.

Senator Jeanne Nicholson said she was aware of a proposal to distribute the historic preservation funds for the municipalities in a different way than is currently done, but that she had not talked to any of the municipal representatives directly. Representative Claire Levy said Central City officials had contacted her this fall to talk about the feasibility of changing the formula and that amending the constitution requires a 2/3 vote in both the House and Senate, so the effort would need bi-partisan support to succeed. If that happens, the distribution question could be put to voters, statewide, on the November 2012 ballot. Levy said she is willing to sponsor the resolution for the legislature, if there’s a way to allocate the funds so they can be used where the need is greatest. “I believe any change would have to retain the funds in the three gaming communities, and continue to designate those funds for historic restoration and preservation,” she stated via email.  At least three alternative “formulas” have been suggested to date: a competitive grant program; population-based award formula; and a formula based on the inventory of each city’s buildings. Alan Lanning, Central City Manager, explained Central City’s reason for seeking more funding: “There is a lot of work left in Central City and Cripple Creek and funds awarded could be based on need.” He said he was asked to come up with a formula, adding that the competitive grant alternative would be his choice.

It was in May, 2009 that Black Hawk and Gilpin School officials met for a historical ceremony-the presentation of the first check, payable to the school district, for $54,916 representing the revenue generated by the Education Enhancement tax for the first two months of that year. The amount now averages more than $400,000 annually.  Representative Claire Levy was also at the ceremony, commending the community leaders for coming together. Prophetically, Mayor Spellman warned Levy that if the state attempted to change the gaming fund allocation “You’ll have ample opportunity to stand up for this educational enhancement effort.”  At Monday night’s Board of Education meeting, Spellman emphasized that “everyone knew the rules going in,” that written right into the ballot question which approved the education enhancement tax was the condition that the tax would terminate if “A constitutional amendment or other mechanism applicable to the city is adopted that amends the constitutional allocation of gaming funds to the city received pursuant to Article XVIII Section 9 (5) (B), and results in a decrease in the funds allocated to the city as a result of limited gaming.” He told the Board members that it would not be a matter of coming to the Black Hawk Council and asking for the funding to be continued, that the revenue stream was approved by voters based on Black Hawk being financially healthy and that termination would be automatic, per the voters of his city. If Central City and Cripple Creek attempt to change the allocation, “It’s not going to be enough for Representative Levy to just not support it. She and Senator (Jeanne) Nicholson will have to actively oppose it.”

Mayor Engels said Central City had not discussed replacing the school’s lost revenue if the distribution formula is changed and Central began receiving more historical preservation funding. That funding can be used only for historical preservation projects. Central could do a sales tax, similar to Black Hawk’s, he said, but it wouldn’t generate as much funding for the school. Gilpin County could do something similar as well, or the school could ask voters for a tax increase to make up the loss. However, Engels said the easy thing to do would be for Black Hawk to change their legislation, “It would be a very easy thing to do, if Black Hawk had as their base interest the children of Gilpin County.” Black Hawk officials believe they are supporting the local children. When issuing that first check to the school, Black Hawk’s mayor had pointed out that the education enhancement tax was “one of the ways that Black Hawk continues to demonstrate support for students of the Gilpin School District.” Black Hawk had purchased computers, band instruments, books and classroom supplies. They had funded $70,000 in educational field trips, music competition trips, and even some individual trips for students participating in certain programs. From 1994 to 2008, when Black Hawk began its scholarship program, Black Hawk had helped fund college or vocational school tuition for 81 Gilpin graduates, a total of $400,000. Beginning in 2008, the scholarship amount was increased from $1,000 to $1,500 per student, per year and that program continues today.

Mayor Spellman and Black Hawk officials have taken numerous legislators on tours of their city to point out how they have used their historic preservation funding and also the work they have done to issue bonds and fund millions of dollars of infrastructure needed to accommodate casinos; the deliberately set lower device fees and other incentives they offered  and continue to offer to entice casinos to locate in their town and retain those they have. With more casinos than either Central City or Cripple Creek, all generating ¾ of the state’s gaming revenue, there’s no argument that Black Hawk has succeeded.  Mayor Engels complimented Black Hawk on their success, but when asked as Black Hawk has done the work, made the investment in their city and produced the revenue results, why should the other two gaming cities, who have not made the same efforts, reap Black Hawk’s historic preservation funding rewards – he maintained that a competitive grant formula would put the use of historic preservation funding “to the best and highest purpose where the need is greatest.”  Central City would like more funding for needs in their city, the oldest court house in Colorado, Washington Hall, has a crumbling foundation, he said.

If Central City and Cripple Creek are successful in getting a referendum before the legislators, it will take the entire legislation to move it forward and get it on the ballot next fall, Mayor Spellman told the School Board members. Will they do that just to distribute more historic preservation funding to two Colorado gaming cities? Spellman said he found it hard to believe they would, but he recalled the 2008 ceremony when he’d told district officials that, should an attempt be made, they would have to “Roll up your sleeves, get your hands dirty and do some heavy lifting-if you want to keep this revenue stream.” Now is that time, he told the School Board members. Board of Education President Craig Holmes expressed appreciation for Black Hawk’s support and said his board would have to digest the revelation and discuss a plan of action.

Since the school’s funding stream is tied to the success of Black Hawk, it could become even more lucrative Spellman foretold, “This stream will only increase as Black Hawk reveals future new developments.”  The Black Hawk-Central City Sanitation District recently sold the site of their old plant, south of the Riviera Casino. A few years from now, a new casino hotel tower is expected to rival Ameristar’s. However, as it stands now, a successful attempt to change the funding distribution, although a gain for Central City and Cripple Creek, could result in a total loss of current and future Black Hawk funding for the school.

The Board of Directors of the Black Hawk/ Central City Sanitation District, David Spellman, Buddy Schmalz, Tom Kerr, Diane Cales, and Jeff Aiken, are pleased to announce a 21% reduction in sanitary sewer user fees for District customers. The current rate of $20.20 will be reduced to $16.00 per single family equivalent effective January 1, 2012. This will be a savings of over $744,000 to its customers including the casinos, the District’s largest users.

According to Board President, David Spellman, “At a time when other utility providers are increasing their rates, prudent management of funds and strategic planning has enabled the District to take the sale proceeds from the old treatment plant site, as well as existing fund balances, to pay down the capital improvement loan and offer a reduced rate to the District customers.”

The District borrowed $24,000,000 to build the new wastewater treatment plant in 2002 with a payoff date in 2022. Utilizing the proceeds of the recent sale of the old treatment plant site and additional funds, the District will reduce the debt to approximately $2.9M. The remaining debt will be paid in 2015 with a savings of over $5,000,000.

Spellman said, “The District will still maintain a healthy fund balance to ensure any required treatment plant upgrades and any future sewer line replacements will be accomplished successfully without any rate increases to District customers.”

For further information please contact District Administrator, Lynn M. Hillary, at 303-582-3422.

I’ll readily admit to having an ongoing love affair with Black Hawk and Central City. Both have been such a huge part of my life from the very first moment I saw them. I very fondly remember begging Susanne Staruk to hire me for a job at the old Glory Hole Saloon. I remember drinking the evening away with friends at Crook’s Palace, until the bartender would wise up and toss us all out. The party, of course, would simply move to another accommodating establishment much to the chagrin of those we were about to rowdily invade.

When signatures were being gathered to get Amendment 4 on the ballot, I talked up the prospects of gaming to everyone who crossed my path while I stood at the Glory Hole door. I like to feel that I, along with so many others, did our part for the future prosperity of Black Hawk and Central City. We knew that gaming would offer year-round employment and business opportunities. Twenty years later those opportunities still exist, only on a much different and larger scale.

During the gaming transition it was incredible to see the changes that were taking place right before our very eyes. It’s not often that anyone can witness the rapid force of change on a level that took place the year prior to “Opening Day.” At times it seemed as if the entirety of Black Hawk was under reconstruction or rehabilitation all at the same time.

Opening Day came and went, new people arrived and moved on, openings and closings occurred, property changed hands with the speed of a Monopoly board game and gaming itself eventually settled down into what we see today. As with any new industry some mistakes were made during those very early years, sometimes it seemed that the “learning curve” was really a 90 degree angle. But more importantly a tremendous amount of positive things came along with the few disappointments. The three gaming host communities had been given the chance of rebirth, restoration and rehabilitation, some took it but others did not. The City of Black Hawk was one that took those chances and challenges, thriving in the process.

Much has been made of and said about Black Hawk and gaming. Quite a bit of that has been negative and offered up by those that have either forgotten what existed and/or didn’t exist in Black Hawk before gaming. There are those that mistakenly say history was bulldozed and destroyed, forgetting that the existing trailer park was never quite “historic.” Some forget that the Gilpin Hotel had become a burned out shell that was in danger of total collapse. Or that the very few remaining historic business properties and extremely deteriorated residences had become little more than archeological digs, or so neglected they were fire traps just waiting for disaster to happen. Also forgotten was that Black Hawk’sMain Streetwas a dirt road that was rutted out when wet, pot holed and dusty when dry, and impossible to deal with when frozen. At the time, some 75% of Black Hawk’s “historic stock” was all located within the small residential areas. Time had been exceptionally cruel and the little that did remain wasn’t going to last for very much longer. The revenue stream from our newly implemented industry was about to change all that with the decay, neglect and ruin soon to be polished away.

When gaming first began, Black Hawk had an annual budget of just around $125,000. And that was after checking all the couch cushions for lost change just to keep the City
operational. One joke at the time was that the City’s assets included a car that wouldn’t start, a set of keys that no one was sure what they went to, and a flashlight that only had one battery.

During the past 20 years Black Hawk has stayed focused on building and encouraging our singular industry. The ultimate goal is for Black Hawk to be a destination resort community, synonymous with places such as Aspen, Vail, and Steamboat Springs – places easily recognized as being “Colorado.” That goal becomes more certain with each passing year. Presently, Black Hawk has about 74% of the gaming market share and is providing the bulk of all gaming taxes paid to the state.Coloradogaming itself is now a $2.2 billion dollar annual GNP forColorado, producing some 27,000 direct jobs with each of those creating an additional 1.5 non-direct jobs. Within 20 years Black Hawk has risen to the top of the market and became its own economic engine providingColoradowith a sustained and growing revenue stream that will only increase in the future.

In this first 20 years Black Hawk has embarked upon a city-wide revitalization project that continues to this day. Our infrastructure, water and gas lines have been upgraded, electric lines placed underground, and unsightly telephone poles being removed. Residential streets have been paved and new streetlights added. The Post Office, Credit Union, and Sanitation District office also have a new home in a redeveloped commercial area. And our Historic Preservation Grant Program is restoring and rehabilitating all of our historic structures, making it possible for them to last another 100 years and keep our history alive and continuing. Some structures that had decayed over the decades to the point of being barely worth kindling were purchased, moved toMountainCityand restored, also preserving them for the future. Our City’s continuing projects include the revitalization ofGregory Street(beginning in 2012) that will see it transform into a new commercial district, using existing historic properties that will bring additional non-gaming businesses, jobs and opportunities to Black Hawk.

The City of Black Hawk has not dodged its civic duties and responsibilities either. As it became more and more difficult for our Gilpin County RE-1 Schools to continue with ever limited funding, the probability existed that our school district might have to be absorbed by other entities. If that were to happen, local property taxes would have skyrocketed and made it difficult for averageGilpinCountyresidents to continue to be able to afford to live here and would have put a huge damper on any future growth. The City of Black Hawk had a different idea that would help keep those property taxes low and asked city voters to approve a 1.5% Educational Enhancement Sales Tax that to date has provided over $1.6 million dollars in additional and continuing funding for the school district. This also insures that our local children receive the best education possible prior to college. One hope would be that those children will at some point return toGilpinCountyand our communities, possibly taking advantage of the employment opportunities provided by our industry. It is always amazing to speak with industry leaders and managers and learn how so many began their careers parking cars or working in the restaurants as they climbed the company ladder.

At 20 years it’s easy to look back and question some of the early day decisions, but the economic progress and the benefits our industry has brought to Black Hawk and our residents are impossible to ignore. While other places and people may not fully appreciate what has been done, none can say it hasn’t been a worthwhile endeavor. If the past 20 years are any indication of how the next 20 years will go, I would venture to say “we haven’t seen anything yet!”

About the author

Greg Moates is a long-time resident of Black Hawk, serves on the Black Hawk Board of Aldermen, and also serves on the Gilpin County Ambulance Board.

Council addresses parking and search for Planning Director

Central City Council once again had a full house at the Council table at their meeting November 15, 2011. Rita Lee was sworn into office, having been elected last week to fill the seat vacated when Tom Reilly resigned.  The Council began with a work session at 6 p.m. to discuss Council Rules of Procedure with City Attorney Linda Michow. They began their business meeting at 7 p.m.

Paying the Bills

The Council approved the Regular Bill lists of November 3 and 10, totaling $177,790. Water-related expenditures totaled $48,431, the bulk of that being $44,739 for a new pump and controls. Legal services cost the City $10,343; November ambulance service, $12,750; the historic preservation grant at 111 Eureka, $8,658; Salt/Sand mixture, $11,459; and November mileage and October overage for the City Manager, $365. As of November 10, 2011, the City’s cash-on-hand totaled $2,302,372.

HPC Request

  Gloria Gaines, who chairs the City’s Historic Preservation Commission (HPC), read a letter into the record. Speaking for the HPC, she thanked the Council for the opportunity to speak about the city and its way of “doing business.” She expressed the HPC’s hope that the Council and HPC could work together to help educate constituents about HPC’s purpose and limitations.

Gaines pointed out that the City’s historic designation was not an action of the HPC; Central City was named a National Historic Landmark in 1966 by the National Register of Historic Places. HPC is charged to maintain historic authenticity within the Historic Landmark. The City first adopted a historic preservation ordinance in 1981, and again in 1991 to clarify and establish criteria. The City then adopted guidelines created by members, at that time, of the HPC, Planning Commission, City Council, an outside consulting firm, and the City Manager. There are also state and national guidelines which were considered when the City’s guidelines were drafted. The resulting guidelines are in place today and anyone purchasing property or opening a business in Central falls under the jurisdiction of the ordinances and guidelines, Gaines explained.  She noted that adhering to the guidelines gives constituents the opportunity to qualify for tax credits and grants. Newer and bigger is not always best, Gaines said, but added that the HPC is not blind to the needs of businesses in Central City. She referenced changes to the district guidelines that had been made in October this year, for areas outside the main historic district, and their positive effects on Prospectors Run Homeowners’ Association and residents wanting more flexibility for awnings. The HPC has recently adopted written rules for procedure regarding their meetings, she said, and HPC is working toward additional ways to educate constituents about historic preservation. They hope to begin further guideline revisions as some are “not only outdated, but are obsolete.” The intent of HPC is to help, she said not inhibit. “Despite the often skewed and grossly unjust perspective by many, HPC decisions are not based on personal preference or opinion,” she concluded, adding an invitation to “Come, let your voice be heard in front of the HPC itself.” The public is welcome at HPC meetings, and Gaines specifically asked Council members to attend.

Gaines asked the Council to set a date for a joint work session. Once the Council and HPC come to agreement, the HPC asked to receive “Council affirmation in the form of resolution regarding HPC actions moving forward.”  The work session has tentatively been scheduled for December 8, 2011.

New Cingular Wireless Agreement

  At the request of Finance Director Shannon Flowers, the Council approved an Agreement of Settlement with New Cingular Wireless. Due to an oversight, the wireless provider had been charging city sales tax to customers who do not live within City limits. Now New Cingular must refund that money. As they had passed along that sales tax revenue to the City, Central must now refund it back to New Cingular. The wireless provider requested a refund of $4,143. However, the City’s liability is limited by ordinance to three years’ worth which works out to be $3,150. The Council agreed to pay that amount and approved an Agreement of Settlement, to avoid further liability in any potential class action lawsuit.

City Manager Update

  City Manager Alan Lanning told the Council that the City had received thirty applications for the Community Development Director position. (The application period closed on November 18^th.) He said he was impressed with the quality of the applicants and hoped to conduct interviews the first week of December. The job description for the position has been expanded to include Historic Preservation Officer duties and Special Projects. Lanning said the plan is to have the new Director on board right after the first of the year.

  The BBC Research and Consulting, Incorporated parking needs feasibility study, which the Council authorized in September, has experienced problems and may need to start over in order to obtain reliable data, Lanning said. That study is to determine how many parking spaces are needed for the downtown area, the location for parking, the economic benefits of a parking garage and the financing options to provide the parking. The total project cost, including traffic counts and architectural scope, is $60,000. That cost will be paid by members of the Central City Business Improvement District (CCBID) with the City then reimbursing those members (CC Tollgate LLC, G.F. Gaming Corp., David Richardson, 132 Lawrence Street LLC, and Ron Goltra) if project financing is secured within three years of the study completion.

Departmental Reports

  City Clerk, Reba Bechtel’s bi-weekly report showed the City had new applications for business and contractor licenses in process.

Fire Chief, Gary Allen’s report for the time period of October 27 to November 9, shows six medical calls; one structure fire (Mutual Aid to Clear Creek); four motor vehicle accidents (one as Mutual Aid to Black Hawk); one vehicle fire (Mutual Aid to Clear Creek); one wild land smoke investigation; two water leaks; and one fire alarm.

Main Street Project Update: Public Works Director Kent Kisselman said contractors had made “good progress” in the past week, and that the utilities were now underground, and that brick paving and electrical work was in progress. New concrete is being placed every day and the herring bone pavers will be put in up to Doc Holliday’s on the west side while the contractor prepares the east side. The new clock has been installed and the temporary street lights will soon be replaced with the permanent ones. Kisselman said contractors may need an additional 8-10 days to complete the project and that the completion date is now looking to be around the first part of December. Alderman Lee asked if a dip in the street surface, which is of concern to drivers, could be filled and Kisselman said that could be done.

Finance Director Shannon Flowers had filed the State Sales Tax Return for the Visitors Center. She continues to work with Colorado Business Bank and the City Attorney on financing for the Ennovate energy savings project.  In conjunction with the City Manager, she had participated in a conference call with staff of the City of Cripple Creek regarding historic funds allocation legislation.

Historic Preservation Funds Disbursement

At the meeting of November 1, 2011, it was mentioned that the City was looking into a legislative action that would change the way the state disburses historic preservation funds.  Currently the Colorado State Historical Society receives 28% of the annual gaming tax revenue and must, by law, distribute 20% of that share to the gaming cities (Black Hawk, Central City and Cripple Creek) in the same proportion as the gaming revenues generated by each city. Asked what it is about the current disbursement that Central City would like to change, Mayor Engels responded that the City still had too many questions to know. Asked if there was any sort of timeline for pursuing a change, Mayor Engels referred to the schedule for the state legislature-January through May, next year. Asked if the City’s purpose in pursuing a change in the disbursement was for Central City to receive a greater portion of the historic preservation funding, Mayor Engels said the City would like to receive more of “some portions” of the funding.

Executive Session

  Following the business meeting, the Council entered Executive Session with City Attorney Michow to discuss four topics: the appointment of a Municipal Judge, pending litigation (Culpepper), water damage along Main Street, and compliance with Prospectors Run Homeowners’ Association covenants, conditions and restrictions.

Heads Up

  Central City Council meets next on December 6, 2011. City Manager Lanning warned that meeting will be a long one as there will be discussion about bus service and a device fee for marketing.

Gilpin County Commissioners Forrest Whitman, Connie McLain and Buddy Schmalz met Tuesday morning, November 15, 2011. They moved forward with the Slash Burn Permit System which is to be implemented beginning in 2012 per Colorado statute. The statute was sponsored by Senator Jeanne Nicholson (former Gilpin Commissioner) and was the subject of a field trip and work session in September. They also considered a funding request from the District Attorney and another, from a local group working with veterans.

Waiver Request

  Kim Savage, of Rocky Mountain Empowerment Center, requested a waiver of the facilities use fee regarding the Exhibit Barn. The group plans to hold a flea market type event at the Exhibit Barn on December 10^th and 11^th to coincide with the similar event at the Community Center. Proceeds from the Rocky Mountain Empowerment event will go to help war veterans with free trauma therapy as well as other operational needs for the group. Commissioners agreed to waive the usual fees to use the facility, a $1,000 damage deposit and $250 in utility costs. Savage said the group’s own vendors will take up approximately half of the space, but there will be room for approximately 15 more “booths” and the group will charge $30 per space for other vendors to set up shop.

Treasurer’s Report

  Gilpin County Treasurer Alynn Huffman’s October report showed 98.97% of County taxes had been collected as of October 31, 2011. 98.43% of Special District taxes had been collected, as well. The County coffers held a grand total of $11,385,421 (compared to $12,685,971 at the same time last year).

Burn Permit

Per Senate Bill 110, Colorado requires Gilpin, and other forested Colorado counties, to adopt an open burn permit system specifically related to slash. Gilpin Commissioners approved, on first reading, Ordinance 11-01 creating the County’s Slash Burn Permit System. Permits to burn slash fall under the Sheriff’s authority, however issuing the permits will be delegated to the fire district having jurisdiction over the burn site. Permits to burn slash on “no man’s land” or areas falling outside a fire district boundary, revert to the Sheriff’s Office. Slash piles must meet size and location requirements and burning may be done only when there is at least four inches of snow on the ground. Burning while snow is falling is encouraged. There is a limit to how many piles may be burned by one party at the same time and a method of rapid extinguishment must be available should winds develop or the temperature rises enough to melt the snow cover. No burning of tree stumps, trash, construction debris, etc. is allowed with the slash burn. All slash fires must be extinguished and mopped up prior to sunset –no burns are to occur between sunset and sunrise.  Persons who fail to obtain a permit prior to burning slash could be convicted of a Class 2 Petty Offense. Those found guilty could be fined $500 for a first offense and $1,000 for each subsequent offense.  Commissioners tentatively set the permit fee at $50 but may amend that at the second reading, before the ordinance is adopted.

To read the entire ordinance, contact the County Planning Department. A public hearing for the Slash Burn Permit System has been scheduled for December 6, 2011.

Clerk and Recorder’s Report

  Gilpin County Clerk and Recorder Colleen Stewart submitted her September and October reports. In September the Clerk’s department had taken in revenues of $159,399. Of that, the Clerk retained $13,932 and disbursed $77,709 to the State; $63,425 to the County Treasurer; $4,141 to Central City; $51 to Black Hawk; $100 to the Domestic Abuse Fund; and $15 to the State health fund. For October, the revenues totaled $141,367. The Clerk retained $14,446 and disbursed $70,490 to the State; $50,939 to the County Treasurer; $5,343 to Central City; $104 to Black Hawk; $20 to the Domestic Abuse Fund; and $3 to the State Health Fund.

Central City Dispatch IGA

  Commissioners approved an Intergovernmental Agreement (IGA) to provide dispatch services for Central City through 2012. Central City is to pay the County $30,000 and the County is to provide dispatch service for fire, ambulance, air ambulance, Colorado State Patrol, victim services, coroner, police, search and rescue, wrecker service, etc.

Mid County Liquors License

  Mid County liquors owner John Dunham requested and received renewal of his liquor license for 2012. Cost of the license, including state and county fees, totaled $412.50. Mid County Liquors is located along Highway 119 near Roy’s Last Shot restaurant.

Monthly Departmental Reports

  The Human Resources October report shows the County currently employing 188 people with 100 of those full-time (32-40 hours per week). That total includes 21 Property Tax Work Off Program employees. Two people left the County’s employ during October and three people were hired. 24 people had applied for the Tax Work Off positions, including 4 people who are new to the program. Applications will continue to be taken until November 30^th. Director Susie Allen had recently completed a proposal for an updated County employee Pay Plan, based on the results of a salary survey comparing Gilpin’s pay scale to other similar agencies. The department was experiencing problems with the server for its computer system and was awaiting the server’s replacement.

The Sheriff’s Office Detentions Division October report noted 75 bookings for that month (59 male). Gilpin County Sheriff’s Office had arrested 42; Black Hawk Police Department, 15; Colorado State Patrol, 8; Division of Gaming, 6; and Central City Police Department, 4. Of those arrested, eight were Gilpin County residents. Eleven of the arrests were Domestic/Victim-related. There were nine DUI arrests. Gaming-related arrests numbered 47. During October, the average daily population at the jail was 41 inmates. The number of monthly arrests appears to be on the rise. The average in 2010 was 75 arrests per month; for 2011, to date, that average is 84.

The CSU Extension Office report for the months of August-October, notes that weed season is officially over for the year. Spraying had occurred over 243 acres and Gilpin partnered with Clear Creek County to treat the rights-of-way along County roads and with the Colorado Department of Transportation to treat weeds on their rights-of-way. Black Hawk and Central City also participated in the program for treatment of their areas. Agent Irene Shonle had assisted the County and Colorado State Forest Service in developing a Slash Burn Permit System. An Extension class on home canning had proven particularly popular.

At the Parks and Recreation Department, the October report shows 1, 108 people had visited the Community Center (a total of 4,475 visits). Of the visitors, 3,196 were Gilpinites. Drop-In Admission raised $1,836 in revenue; memberships raised $1,249. The soccer season has ended and the volleyball season is underway. Swimming lessons are ongoing and the department is considering adding a scuba class and, possibly, a kayaking class. The department has expanded its building use policy to allow for more meetings, parties and celebrations. The Center may have new hours, beginning in January and is also planning an open house event in January. The department is looking at various new ways of “opening our doors wide to bring the Community into the Community Center.”

The Gilpin County Public Library October report shows 1,324 visits during the 21 days the library was open. 2,381 items were circulated in October. DVD movies continue to be the most popular items with 672 checked out, followed by 548 children’s materials of all kinds. The new reading and discussion series will get underway in January with a Civil War theme.  The Library plans to start offering e-books once that new system has been honed-perhaps in December.

Correspondence

  Gilpin Historical Society President, Martie Fast, sent a letter of thanks for use of the courthouse during the Creepy Crawls. The jail cells in the basement were particularly creepy for the Society’s October tours. Fast’s letter said the attendance for the five nights of guided ghost tours was 1,487.Visitors toured in groups of 40 people and kept the Society’s staff very busy. They also outgrew the space of the jail cells so expanded to the first floor hallway, and then outgrowing that space as well, they ended up using the Commissioners’ meeting room for the final two nights. The Society took pains to replace everything as it was, even video-taping the room ahead of time to make sure they put it back together correctly.

Funding Request

District Attorney Scott Storey’s office provided a breakdown of the percentage of employee salary and benefits dedicated to handling Gilpin County cases. Gilpin’s percentage of the workload of Storey’s office is 1.0076%. The remaining workload, 98.9923% is for Jefferson County. Using the formula required by Colorado statute, (C.R.S. 20-1-302) Gilpin’s portion of the cost is $191,919. This year the District Attorney was also awarded $342,400 from the Department of Local Affairs/Limited Gaming Impact Fund. However, he had requested $421,617. To make some of the shortfall in the DOLA grant, Storey asked Commissioners for $58,373 more than the $191,919 Commissioners had already budgeted. They agreed to consider it and will look at how that request will affect an already tight budget before making a decision.

Attorney Update

  County Attorney Jim Petrock told Commissioners that County-owned property on Chase Street in Black Hawk has now been listed for sale at an asking price of $115,000. The property was acquired partially through a quiet title action and partially through a tax lien.

Public Comment

  Black Hawk resident, Steve Meehan, gave Commissioners a petition with around 225 signatures asking the County to continue operating the Connector bus shuttle. Commissioners, in turn, asked Meehan if he was aware of all of the County’s current budget issues and those concerning that service. He said he was not, but said he hoped Commissioners would push the State to continue the bus service.