In January of this year, Black Hawk’s City Council passed an ordinance banning bicycles from the three streets of its business district (neither children nor other cyclists are banned from residential areas) and posted signs with the familiar red circle and bar, in this case over a bicycle, announcing the prohibition on the affected streets. That includes about a quarter mile of Gregory Street, the cyclists favored route from the Central City Parkway to Highway 119. Cyclists can still use that route, but must dismount and walk their bicycles about four blocks through town due to a narrow stretch of road. For five months, most cyclists failed to do that, but were issued only warning citations from Black Hawk police. Beginning in June, however, police began ticketing those cyclists who ignored, or said they didn’t see, the signs. Black Hawk Police Chief Steve Cole said nine tickets had been issued to date. That means a minimum $68 ticket for the violator, plus an $18 surcharge. If the cyclist wants to appear in court, add $25 for court costs. Facing the fine, and denied the ability to ride that piece of road, cyclists notified Denver television stations and the Denver Post, putting Black Hawk’s ban in the public eye.

Dan Grunig of the cycling advocacy group, Bicycle Colorado, attended the June 9^th Black Hawk Council meeting and asked for a repeal of the ban. He has said that cyclists fear the precedent Black Hawk is setting, that other Colorado cities may follow suit. That’s a real concern. Black Hawk City Manager Mike Copp said he’d been contacted by four other Colorado municipalities who are interested in banning bicycles from some of their streets. Jefferson County has considered asking legislators to make “counties” the authorities to decide which roads in their jurisdictions will be available to cyclists. Online public comments, following the media stories, run heavily against cyclists, not just in Black Hawk, but on many metro-area streets and Colorado roads. In fact, there are many city streets and roads in Colorado that already ban bicyclists. Black Hawk is not alone, nor are they first to ban cyclists, even in Gilpin County.

It was back in 2005 when Central City aldermen banned bicyclists from the Central City Parkway. Grunig appeared at their meeting shortly after that, pressing for a repeal. Central’s council complied. Despite opposition from their own Business Improvement District (who paid for the Parkway) the council repealed the ban, allowing cyclists to ride the Parkway – except for the last mile which culminates in Nevada Street. That street’s too narrow, they said, and carries too much traffic for it to be safe for cyclists. They created a trailhead exit from the Parkway and a trail bringing the cyclists into Central via Lake Gulch and Virginia Canyon Roads to Spring Street. Grunig has pointed out there had been no accidents with cyclists on Black Hawk streets, however both cities saw risks they are unwilling to take. Black Hawk, responding to complaints from motorists and observations by their staff, ordered a traffic study for their streets. Completed by Stolfus & Associates last October, that study said Main and Gregory Streets were poorly equipped to accommodate cyclists. Further, the traffic on those streets, often large buses and delivery trucks, is “frequently adverse” to cyclists. There isn’t just the concern of a cyclist being struck, said Copp, but also of other motorists as vehicles swing out to get around a cyclist. What’s more, he added, now the city is aware of the safety issues and potential for injuries, they must address them or risk problems with the city’s liability insurance provider. “We’re doing what we believe is best for our residents, our businesses and our patrons,” said Copp.

In Black Hawk, that means doing what’s best for the casinos. The industry benefits not only the residents of Black Hawk, but Gilpin County relies heavily on Black Hawk’s gaming revenues – as does the state. Copp said Black Hawk drew around 50,000 visitors to the area last weekend. It isn’t uncommon to draw 30,000 on other weekends. They come to Black Hawk, mainly, to gamble. Black Hawk casinos have contributed over $1 billion to the state’s coffers, via gaming taxes, since the inception of gaming. They will add approximately $90 million for this fiscal year alone ($81,604,000 fiscal year-to-date). Black Hawk casinos generated more than 84% of all of the state’s gaming revenues for the 2009-2010 fiscal year. 22% of that revenue will be directed back and split by the two gaming counties and three gaming cities in Colorado. The bulk, 78%, goes to the state, much of it funding road improvements enjoyed by motorists and cyclists alike. However, cyclists do not contribute to highway funds as motor vehicle owners do through licensing and registration fees. Many motorists object to paying for cyclists’ recreation, which they point out, is what most cyclists are doing as they ride through Black Hawk. Few are commuting as cyclists do in Boulder, Denver or other cities worldwide. (Colorado cyclists have gone global with their complaint against Black Hawk, via the internet, and British media picked up the story. American motorists point out that a train system provides relief for European commuters.) Local motorists particularly object to safety issues caused by cyclists riding the narrow, curving, shoulder-less highways they drive out of necessity. Residents driving Coal Creek Canyon have met with Gilpin County Commissioners to register complaints of cyclist’s behavior and ask for help. Gilpinites driving Golden Gate Canyon have been vocal in their support of Black Hawk’s ban, said Copp. He has received no negative comments from Gilpinites and plenty of support from mountain residents who favor not only Black Hawk’s, but additional bicycling bans.

Grunig’s group is now working on a legal challenge to Black Hawk’s ban, but with other cities and also counties looking at ways to limit cycling within their jurisdictions, the issue is bigger than Black Hawk. “Perhaps the issue should be put to the state’s voters,” Copp suggested.

Central City, riding the tail of publicity Black Hawk’s bicycle ban has drawn to the area, hurriedly put together a bicycle rally for July 3^rd, inviting members of at least six Colorado bicycling groups to visit their city.  Officials for Central said they wanted to let cyclists know Black Hawk’s ban didn’t extend to the Central City Parkway or Main Street, and that Central is bike-friendly. Since the city currently has no place for cyclists to park their bikes, a temporary bike rack was brought in. Annie Oakley’s Emporium and Prospectors Run offered free food items and beverages to cyclists. Johnny Z’s and Fortune Valley casinos offered coupons and discounted meals. Central City Mayor Ron Slinger said the event was simply to encourage cyclists to visit their community. A promotional notice sent to cycling groups via email stated cycling was “legal” in Central (later changed to “fresh”). But that notice soon morphed into an online message for cyclists to come to Central to “protest” Black Hawk’s ban.

Black Hawk officials found out about the event indirectly, from a consultant who happens to be a cyclist. “My council is not happy,” said Black Hawk City Manager, Mike Copp. Black Hawk Mayor David Spellman questioned the timing of the unscheduled event, coming not only when Black Hawk is being publicly criticized by cycling enthusiasts, but also on the busiest day of the year for his city. He said it looked to him like Central was offering an incentive to boycott Black Hawk. “How does this improve the financial situation of the community?” he asked. Cyclists spend very few dollars in the gaming communities, generally just riding on through, but gaming revenues fund the majority of city and county services. The elected officials of Black Hawk, Central City and Gilpin County have tried to put historic rivalries behind them, collaborating to make the area a destination for visitors with various interests: gambling, history, opera, art, mining, numerous outdoor activities and more. Many organizations associated with the non-gambling interests depend on the casinos for funding. Anything that hurts that industry will hurt them all.

Central’s public relations consultant, Meghan Dougherty, said someone had added the “protest” angle to the bike rally announcement after her marketing coordinator sent it out.  Slinger also said the event was not meant to be offensive to Black Hawk. “I let Meghan (Dougherty) know flat out, it’s not supposed to be a protest,” he said, but also acknowledged the city couldn’t control the cycling community. Black Hawk officials remained unconvinced. They had found a promotion of the event on Central City’s Facebook site pointing out the Black Hawk ban and ticketing of violators, along with an invitation to cycle in Central instead. Their own (Black Hawk) city Facebook site was “pirated,” just two days before Central’s bike rally. Someone removed city information and replaced it with negative comments about the ban. The site has since been remedied and Black Hawk is now investigating the illegal takeover with the site administrator. They will pursue any legal action they can, Copp said.

There was no invasion of cyclists in either Central City or Black Hawk on Saturday. Although no one was keeping official count, Dougherty said that hot dog vendors brought in to serve the cyclists reported they had served “a few.” The cyclists were well received in Central and, one mile down the hill, Black Hawk streets and sidewalks were crowded with folks who had come to that city to have fun their way, in Black Hawk’s casinos. Police spotted seven cyclists walking their bikes past the gazebo as they passed through town- no more than usual. “Just a typical day in Black Hawk,” said Police Chief, Steve Cole.

Two Arvada men have been fined more than $35,000 after their conviction on multiple charges for the poaching of a trophy bighorn ram above Georgetown in 2008.Henry Butler, Jr., age 57, and his son, Brandon Butler, age 30, were sentenced two weeks ago in the 5th Judicial District Court in Georgetown for illegally killing the ram on September 28, 2008.  In addition to their sentences, they face a lengthy suspension of their right to hunt and fish in most of the United States.

The case resulted from a tip called in by a hunter who was scouting the area for a later hunt.

“Bighorn sheep are Colorado’s state animal and a cherished part of our wildlife heritage,” said Area Wildlife Manager Reid DeWalt, who supervised the case. “We rely on the public to stand up for Colorado’s wildlife when they see people abusing it.”  Bighorn sheep licenses are so highly prized that hunters can wait decades to successfully draw a tag. Ironically, Brandon Butler did have a valid sheep tag that would have allowed him to legally harvest the trophy ram.

After receiving the phone tip, DOW investigators responded quickly to an area north of Empire along the continental divide off Breckenridge Peak. There, they observed the Butlers walking away from the kill site above tree-line, one with a bighorn sheep head strapped to the top of a backpack, the other carrying a rifle.  Later that night, officers encountered the two men on an ATV, but without the rifle or the ram’s head in their possession.  Investigators subsequently discovered that both items had been placed in a truck parked near the Empire dump.

Under questioning, the men admitted that Henry Butler, 57, had illegally shot the ram just below Breckenridge Peak after Brandon, having tired of a difficult and challenging hunt used a cell phone to illegally guide his father to a position where he could see the band of sheep. The elder Butler did not care to see the tag “wasted” by remaining unfilled.

“Poachers are criminals,” said Steve Yamashita, DOW’s Northeast Regional Manager. “They give true sportsmen and women a bad name.”

Hunting licenses are not transferrable in Colorado; only the license holder may legally harvest an animal. In addition, meat from the animal must be cared for and brought out of the field for consumption.  It is a felony in Colorado to kill an animal and only take the trophy parts from the carcass.

Henry Butler fought the charges, but in April was convicted at trial on a felony charge of willful destruction of wildlife. He was also convicted on misdemeanor charges of hunting without a license, illegal possession of wildlife, transfer of a license, waste of wildlife and the use of electronic equipment in the commission of a wildlife crime.

Butler was sentenced to a 90 days suspended jail sentence, fined more than $8,500 and assessed a $25,000 “Samson surcharge” for killing a trophy-class big game animal.

Brandon Butler accepted a plea bargain resulting in his conviction on illegal transfer of a license, illegal possession of wildlife and waste of wildlife. In addition to the fines, he agreed to make a $2,000 charitable contribution and to the forfeiture of a rifle and ATV.

Later this year, DOW will recommend that the Colorado Wildlife Commission impose lengthy suspensions of the Butlers’ right to hunt and fish in Colorado and the 33 other states who participate in the Interstate Wildlife Violator Compact.

For more information about wildlife crimes, visit the Colorado Division of Wildlife website at: http://wildlife.state.co.us/RulesRegs/LawEnforcement/OperationGameThief/OperationGameThief2.htm and learn how to protect our most precious natural resource, our Colorado wildlife.

Gilpin County Commissioners Buddy Schmalz, Jeanne Nicholson and Forrest Whitman renewed the contract with Jefferson County Public Health, revisited the County’s zoning regulations, reviewed Colorado Department of Transportation’s plan to widen Highway 119, as well as the Colorado Department of Public Health and Environment’s mine reclamation work, plus several other issues for the good of the order at their June 29, 2010 meeting.

Silver Sneakers

Kathi Lambert of the Parks and Recreation Department was told to pursue bringing the Silver Sneakers program to Gilpin’s senior population, once the County’s attorney reviews the contractual requirements. Silver Sneakers is a fitness program for seniors, funded through individual insurance plans and Medicare. A reimbursement rate of $3 per visit means Gilpin County will receive up to $30 per month for each senior citizen who uses the Community Center, whether that’s for a fitness class, walking the track or trail or using the cardio and weight equipment (but not swimming). Healthways, the managing company, guarantees the County a minimum of $250 per month, until the program is self-sustaining (50 members), to cover the cost of two program instructors, regardless how many seniors visit. Another $250 is paid annually for equipment replacement and/or marketing the program. Equipment and music is provided by Healthways at no cost to the County. Healthways will also pay the County $200 per month for program administration. Bringing in the program could net the County additional annual revenue of at least $5,650. Commissioner Nicholson suggested that revenue, after paying any program costs, be put into a scholarship fund for seniors whose insurance doesn’t cover the program.

Parks and Recreation staff presented a new promotional DVD they’ve created for use at the Community Center.

Gilpin County/JeffCo Public Health

Commissioners, acting as the Board of Health, renewed the arrangement with Jefferson County Public Health (JCPH) to provide community health and environmental health services to Gilpin County. Commissioners signed a contract good through June 30, 2011. Commissioner Schmalz said the JeffCo arrangement has worked very well, although there was “some uncertainty” when it started.

Ann Marie Bailey is employed by JCPH as Gilpin’s Public Health Coordinator. Gilpin County reimburses JCPH for Bailey’s salary and benefits plus 15% to cover administrative costs. Nurse home visits to high risk families and children with special needs are billed to Gilpin at the rate of $65 per hour. Bailey is charged with identifying priority public health problems and solutions, directing, monitoring and evaluating public health programs, investigating and controlling certain communicable diseases, policy and budget recommendations, reporting and more. Per the contract, Bailey maintains a Gilpin office (located in the Public Health building near the fairgrounds).

Craig Sanders, also employed by JCPH, has been handling Gilpin’s environmental health services (individual Sewage Disposal Systems, well tests, food establishment, child care facility, school, body art studio and swimming pool inspections plus administration, program and policy development, etc.). Gilpin pays JCPH at an hourly rate of $65 for environmental health services.

CSFS 2010 Grant

When Commissioners decided to fund the study and creation of a Community Wildfire Protection Plan, one reason was that having a CWPP in place opened up grant funding opportunities. Now, Gilpin has been granted $48,466 from the Colorado State Forest Service (CSFS) for fire mitigation work around County facilities. The County must contribute matching cash plus an in-kind (office accommodations) valued at $7,920. County Manager Baker noted Commissioners had planned for that match in this year’s budget. Fire mitigation work will be done at the Justice Center/ Community Center complex, the Road and Bridge building, and the Library. These areas are considered Wildland Urban Interface (WUI) areas adjacent to critical need or otherwise highly valued facilities. Commissioner Nicholson commented the County had invested a lot of money for these structures and it would be irresponsible not to act to protect them. The work covers 52 acres and is to be completed by September 1, 2011. Some of the funding will be used to hire a half-time CWPP Implementation Coordinator. Most of the work will be done next year.

Zoning Revisions

Community Planner Ray Rears distributed a copy of the County’s current Zoning Code with proposed revisions to hearing notification procedures, circumstances in which Administrative Variance Fees will be reduced-or doubled; Use-by-Right for areas zoned Heavy Commercial and Use-by-Right for all zones regarding utilities and communications, and regarding changes to an established cemetery or grave yard; screening requirements when there are more than 4 operable and/or 1 inoperable vehicles in residentially zoned areas; definitions; light emissions; buffers and screens; wetlands setbacks; re-vegetation requirements; and exemptions from building fees for green-built, alternative energy and fire proofing/prevention utilizations in building. The code addressing the number of animals allowed was clarified and is broken out by the specific animal and acreage. Rears will hone some of the revisions and Commissioners will look at them again at a future meeting prior to approving them.

Superfund Site Update

Jim Lewis and Steve Laudeman told Commissioners their CDPHE project, with input from the Environmental Protection Agency, will soon address mining reclamation work in the Virginia Canyon area and along the main stem of North Clear Creek, plus a potential Chase Gulch project in Black Hawk. Waste rock is being removed from these areas and relocated at a repository site near Virginia Canyon (Pewabic Mountain). The project is being coordinated with the Highway 119 widening project that CDOT will do south of Black Hawk. Approximately 10,000 cubic yards of waste rock will be moved to the repository and then another estimated 10,000 cubic yards of fill rock from the Highway 119 construction area will be deposited on top. The proposed haul route bypasses Black Hawk and Central City by using Miners Mesa Road to Lake Gulch Road to Missouri Flats Road (or alternatively Virginia Canyon Road). It’s not yet known how many truck trips per day the project will require. The Virginia Canyon area will be dealt with this summer, followed by the North Clear Creek project in Summer 2011. The Chase Gulch project, if done, would likely occur in Fall 2010.

Highway 119 Project

Russell Cox and Kevin Brown updated Commissioners on their CDOT project, the widening of Highway 119 below Black Hawk. Blasting should start this fall, said Cox, with the main construction starting next spring. This project includes widening the highway to four lanes, curve straightening, creating a multi-use creekside trail, stabilizing and restoring the creek (with fish habitat) and addressing flood risks in the box canyon behind the sanitation facility. The project is being done in phases from the Forks of Creek area up to Black Hawk. The turn lane at Douglas Mountain will be addressed in this phase. A future phase includes, when funding is available, a wildlife bridge at the southern end. The entire project budget is estimated at $45 million. Eventually, the trail will also run the length of this stretch of 119 and will include historical markers with informational input from County Manager Baker.

Gasification Project

A proposed bio mass system at the Community Center, which would not only heat County facilities but provide electricity through a gasification process, has been put on the back burner by Commissioners, as “premature.” More information should be gathered, they said, before they consider the next step – a feasibility study for Gilpin’s location. The County is currently working on a performance contract study to determine a procedure that requires contractors to guarantee their end result will work in Gilpin. If it doesn’t they forfeit their pay. The gasification project is to be evaluated for that process as well.

DOLA Grant Applications

With the July 1 deadline looming for the 2010-2011 Department of Local Affairs (DOLA) Gaming Impact Fund grant applications, Commissioners authorized Eagles Nest Child Care Center, Mountain Family Health Center and Jefferson Center for Mental Health as approved applicants, although they hadn’t yet seen the actual applications. They review and prioritize those at a later date but gave their authorization to enable the applicants to meet the deadline.

Connector Stop at Roy’s

At the request of County residents, Commissioner Whitman asked that a bus stop be considered at Roy’s Last Stop. Commissioners directed Baker to contact SRS, the contractor providing the bus service and see what they can do.

Budget Concerns

Commissioners, wanting to see just how Proposition 101 and Amendments 60 and 61 would impact the County, decided to review the budget with those revenue cuts in mind. If those measures pass, Commissioners will need to make enough cuts to get all the way through the year without using the Tax Anticipation Loan they have relied on in past years. Lobbyists, Colorado Counties, Incorporated (CCI), has requested Gilpin share the results with other counties.

Attorney’s Update

County Attorney Jim Petrock told Commissioners Sheriff Bruce Hartman’s challenge of sheriff candidate Jerry Yocom’s ballot certification had been denied by Judge Fred Rodgers last week.

A new complaint from Philip Wolf has been entered against the County and Petrock, personally, in United States District Court stemming from Commissioners 2008 denial of use of his land as a rock quarry. Petrock said he would be getting input from County Technical Services, Incorporated and that a request order would be filed with the court asking that Wolf be restricted from filing more such cases. Petrock said the number of times Wolf has sent paperwork for such cases to the County has numbered “well into the double digits,” although Wolf hasn’t followed through on all of them. Commissioner Schmalz said the cases had become a waste of taxpayer dollars.

Public Comment

A Central City resident volunteered her help in researching a legal or legislative solution regarding the ATV and dirt bike riders who fill the areas around Central City cemeteries with their parked trucks and trailers every weekend. She had pictures to show people camping there, too. She told Commissioners the matter couldn’t be ignored and if the laws are unclear about that area, it needs to be straightened out.

A mid-County resident told Commissioners there needs to be a cost efficiency study for all of the County’s departments as some departments are overstaffed and some are understaffed. She advised Commissioners that department managers are very subjective in reporting and the study should be done by an objective party. Make it a priority, she urged. She also recommended the County not fill vacated employee positions unless absolutely necessary.

Heads Up

There is no Gilpin County Commissioner meeting next week. Commissioners meet next on July 13, 2010.

Gilpin County Commissioners Buddy Schmalz, Jeanne Nicholson and Forrest Whitman dealt with the regular business of the County at their meeting of June 22^nd, and then moved into a work session to explore how (or if) the County will handle regulations on medical marijuana dispensaries and cultivation.

County Fair in August

Commissioners, acting as the Liquor Licensing Authority, approved a Special Events Permit for the annual County Fair on August 21^st and 22^nd. No one spoke either for or against the permit at the public hearing.

Serving Children

Services for Gilpin children with traumatic brain injuries are provided via a partnership with the Colorado Department of Public Health and Environment with reimbursement funding of up to $1,200 per referral, per year. Commissioners signed a Memorandum of Understanding (MOU) which specifies the coordination of those services, also including administration, record-keeping and reporting. The MOU term is July 1, 2010 to June 30, 2011. Currently, there are no children in this program and Commissioner Nicholson said she couldn’t remember when there were, thankfully, but the funding is there to help if it’s needed.

Clerk and Recorder’s Report

The May report from Clerk and Recorder Jessica Kays shows revenues of $142,733. Of that, the Clerk retained $15,814 and disbursed $54,926 to the County Treasurer; $65,574 to the State; $6,298 to Central City; and $122 to Black Hawk. The Motor Vehicle Late Fee revenue was $6,650; the Uninsured Motorist Fee revenue was $930.54; and revenue for the eRecording fund was $163. The revenues for May 2010 are up by $24,676 from those of May 2009.

Kays had final figures for the Kingdom of Gilpin benefit barbecue held last month. Through generous donations and people volunteering their time and talents, the event’s expenses were only $200 resulting in a donation of $4,344 for the County’s Food Bank.

“Connector” Contract

Commissioners renewed the contract with Seniors’ Resource Center, Inc. (SRC) to operate the Connector shuttle bus service. The Evergreen company began operating the service when the County took it over from Black Hawk Transportation Authority last July. This contract commences July 1, 2010 and continues through December 31, 2010. The County will pay SRC at the rate of $33.75 per hour, up to $74,993 for the next six months of service. If SRC’s reserve bus is needed, Gilpin pays for that at the rate of 65 cents per mile, however the County will soon have the new shuttle in service, too, so doesn’t expect to need SRC’s often. Commissioners paid $149,985 (plus the 65 cent-per-mile charge for the reserve bus) for the previous 12 months of service. The shuttle is free to riders, funded by taxpayers via grant money.

Monthly Departmental Reports

The Sheriff’s Office Detentions Division May report showed 66 new bookings for the month (52 male). The average population of the jail for that month was 32 inmates. The Sheriff’s Office was responsible for 30 of the new bookings; Black Hawk Police Department, 13; Central City Police Department, 9; Colorado State Patrol, 8; and the Division of Gaming, 6. Of those arrested, seven were Gilpin residents. 56 of the bookings were gaming-related. Commissioners will soon schedule their annual visit to the jail, as required by statute.

Medical Marijuana Work Session

Following their regular meeting, Commissioners met with Tony Petersen, the County’s Director of Community Development, to discuss how the County will regulate medical marijuana dispensaries and cultivation within Gilpin, or if they will leave that up to the State. There are several options. The County could take no action, defaulting to the State. They could also prohibit these enterprises in totality. Commissioners could opt to leave the licensing up to the State and use only County land use regulations for local control. Should Commissioners choose any of these three options, the County would receive no revenue from licensing these businesses.

The County would collect revenue if Commissioners choose to establish the County as the licensing authority for medical marijuana businesses. They could do that separate from the land use (zoning) regulations or could create regulations that combine both licensing and zoning requirements. In these cases, the medical marijuana enterprises could be approved administratively, rather than coming before Commissioners (unless there are extenuating circumstances.)

Commissioners decided they want to keep local licensing control and directed Petersen to research the different ways they can do that. They also requested a copy of the amendment to the Colorado Constitution regarding the medical marijuana businesses. They directed County Manager Roger Baker to draft a resolution so they can put the matter to voters at November’s election, if they choose to do that. The deadline is nearing to get the measure on the ballot but Baker’s resolution is simply a preparatory action; Commissioners may decide not to go that route. The current moratorium on the businesses will expire on August 12^th. Commissioners directed Baker to create a resolution to extend that moratorium, as allowed by the State, until July 2011. In the meantime they will be looking for data on environmental impacts of the cultivation businesses, particularly how much and where water can be used. Commissioner Nicholson pointed out that there is a lack of hard data regarding various environmental and public health issues.

Commissioners plan to schedule public hearings so proponents and opponents both can have their say prior to Commissioners making a decision.

Head’s Up

Gilpin County Commissioners meet next on June 29, 2010.

Nederland Board of Trustees Meeting

The Town of Nederland held its regular Board of Trustees (BOT) Meeting on Tuesday, June 15, at 7:00 p.m. in the multi-purpose room of the Nederland Community Center.

Attending the meeting were Mayor Sumaya Abu-Haidar, Mayor Pro-Tem Joe Gierlach, and Trustees Robert Joseph, Keith Nowicki, Chris Perret, and Marci Wheelock.  Town Attorney Carmen Beery, Clerk Teresa Myers, and Treasurer Eva Forberger were also in attendance. Trustee Mueller arrived later.

The Warrants section of the Consent Agenda and the Regular Meeting Minutes of June 1, 2010, with a minor line item correction were unanimously approved.

Sidewalk Completion, Solar Homes Tour and July 4th Parade

Tim Underwood, Public Works Director, was present to discuss the progress of the Wastewater Treatment Plant. He also commented on the Town’s sidewalks being nearly completed with a set completion date of June 24. The Town Clean-Up was a very successful event, collecting about 300 cubic yards of trash.

In his Community Center Foundation report, Trustee Gierlach remarked that the Community Center will be included on the Boulder County Solar and Green Homes Tour as the Center is an outstanding “green” building.

Trustee Wheelock will be coordinating the annual Fourth of July Parade through downtown which will begin at noon that Sunday.

In her Mayor’s Report, Abu-Haidar commented that the Town received approximately 60 applications for the currently vacant position of Town Administrator. After further vetting, the top two candidates’ names will be made public. Finalist interviews will take place in mid-July. Her further comments included collaboration with the Boulder County Commissioners in locating and establishing a safe shooting range.

Copier Lease and PROSAB Appointments

Action Item One was a decision on the four bids received for a Town Hall copier lease agreement to begin in July. The Town’s current budget allots $500 a month for a copier. Canon’s lease agreement was unanimously approved at the cost of $200 for the installation of a fax line and $200 a month for 5000 copies or impressions.

For Action Item Two Trustee Nowicki presented the names of individuals recommended for appointment by the Parks, Recreation and Open Space Advisory Board (PROSAB) to their board: William Alan Brewer, Ben Dereume, Scott Hammers, and Starr Jamison. Each appointment is for a term of three years and BOT unanimously approved the appointments.

MMD (Medical Marijuana Dispensary) Local Compliance and Licensing

Discussion Agenda Item One was a “Discussion on Town-issued Letter for MMD State Licensing Compliance,” meant to provide staff with instruction on how the Board would like to move forward.

Mayor Abu-Haidar requested that Town Attorney Beery present a background on the issue. Beery researched the issue with the Colorado Municipal League (CML) and concluded that local compliance was the first step in establishing a MMD business.

Local compliance in Nederland means that an existing medical marijuana dispensary must apply for a business license by Thursday, July 1.

Other legal requirements must also be met for a MMD to remain in business: a state license must be obtained by August 1, 2010; and verification that a dispensary or medical marijuana center grows 70% of its own product must be met by September 1, 2010. Those are the current requirements for a MMD to continue in existence and remain lawful through July 1, 2011.

Beery referred to a draft letter by the Town verifying compliance with Nederland’s Municipal Code to be sent out to local dispensary owners. Town Clerk Meyers will also send out business license reminders. Meyers stated that three of the seven Town dispensaries had already completed their business license forms.

Seventeen people from the standing-room-only crowd at the meeting had signed up to offer comments on the licensing issue, thanking Nederland for acting quickly to keep the industry in town. It was repeatedly stated that the MMD business had “revitalized Ned” and it was supported as “the best economic stimulus” for the town.

A short discussion followed about zoning and also whether a home-based grower could get a license. Another question raised concerned possibly combining licenses if the grow and dispensary locations were different. Town Clerk Meyers responded that two licenses would be required in that situation, as a business license was not transferrable from either location to location or person to person.

Wastewater Treatment Plant Loan

After a short recess by the Board, Item Two, “Discussion of Construction Loan Bids/Vendors to choose direction (vendor) to work with and seek USDA approval,” was opened regarding the Wastewater Treatment Plant (WTP). Interim financing for the facility loan of approximately $4,000,000 for construction was a requirement of the existing WTP’s USDA loan.

Treasurer Forberger explained that of the four bids received, including origination loan fees and interest, Mutual of Omaha Bank submitted the lowest bid, approximately $1,500 less in cost than the next lowest bidder, Wells Fargo Securities, LLC. A spokesman for Wells Fargo, a local business, requested that the Board consider the past business they have given the town and also keep the financing in town. The Board tabled the item for further discussion.

Water Meter Reading System

Next on the agenda was Item Three, “Discussion of various options for installing and retrofitting all Town Water Meters and radio transponders to provide drive-by meter reading system.”

In 2009 the Town of Nederland received a DOLA grant of $600,000 for expanding the existing water treatment plant by adding pretreatment and microfiltration systems, and water meter installations. In late 2009 the Town entered into a service contract with TEC to prepare documentation to bid out the water meter automation project. Only one bid by Velocity was received for the project.

Staff explored alternatives for the project and after contacting other potential bidders, recommended a combination scenario in hiring an established project-management company, while using local companies for the actual installation and retrofit of the water meters.

Director Underwood displayed a water meter manufactured by a Boulder-based company that could be purchased and conceivably installed by August. The water meter is compatible with all output, is designed in a propeller style which keeps it from freezing, and comes with free software.

The Board decided to move forward in further investigating a combination scenario for the water meter project.

DDA Parking Study and Community Center Drain Repair

Item Four was a discussion on the “DDA Commissioned Downtown Parking Study.” The Nederland Downtown Development Authority (DDA) commissioned a parking study to improve parking scenarios in the downtown area.

After a lengthy discussion of the study information, it was decided that a work session was needed for further clarification of the data before putting together an action plan.

Item Five was “Discussion of contract with Church OWC to repair perimeter drain at Community Center.” In May the Community Center’s weight room was flooded, apparently due to high ground-water conditions. Director Underwood requested that the Board provide direction on implementing a fix for the unbudgeted repair. It was decided that further investigation needed to be done before approving either a short- or long-term repair.

Treasurer Forberger brought up a last agenda item regarding additional money requested by Loris and Associates for management of the sidewalk project. BOT previously approved $60,000 to Loris in providing a fixed amount for the project management. It was noted that a formal contract was never drawn up for these services.

Mayor Abu-Haidar requested that the issue be listed as a discussion item on the next agenda.

Executive Session and Adjournment

The Board then entered into an executive session to confer with the Town Attorney and Staff regarding “receiving legal advice concerning CDPHE permit compliance.” The meeting was scheduled to adjourn around 10:30 p.m.

The next scheduled BOT meeting will be on Tuesday, July 6, at 7:00 p.m. at the Nederland Community Center. Please check the town’s website, www.town.nederland.co.us, for more information and to verify the meeting date.

Plans to improve City water system

Black Hawk City Council met for their regular business meeting on June 9, 2010. Mayor David Spellman and Aldermen Linda Armbright, Paul Bennett, Diane Cales, Tom Kerr, Jim Johnson and Greg Moates were present. They began by recognizing local student essay writers and followed with three public hearings, the first two having to do with the City’s self-collection of sales tax (Council Bills 12 and 13). The third hearing, for Council Bill 14, dealt with medical marijuana. No one from the public came forward to speak either for or against any of the bills.

Student Authors

The Colorado Municipal League (CML) sponsors an annual essay contest which Black Hawk forwarded to Gilpin County RE-1 School District. This year’s theme was, “If I Were Mayor…” Seventh grade language arts teacher Jennifer Gillette submitted essays from four students, Delainey Lepro, Alyssa Chareunsoule, Ivan Pedroza and Nina Halsted. Council members enjoyed reading the essays just prior to their meeting. The essays are now in the hands of CML judges. Chareunsoule and Halsted attended the Council meeting with Gillette and Superintendent Tina Goar. The students introduced themselves to the Mayor and Aldermen, who responded with congratulations for entering the contest. “We’re very proud of you,” the Mayor told them.

Sales Tax Exemptions

The Aldermen approved Council Bill 12, an amended version of Chapter 4, Article IV, of the Municipal Code. This is the ordinance establishing sales tax exemptions for cigarettes, prescription drugs, hotel/ lodging room for occupants who are permanent residents of the establishment they’re staying in, trailers and several other items related to construction, railroads, manufacturing, etc., and for occasional sales by charitable organizations or sales to various governmental agencies. (These are examples only; the comprehensive list of exemptions can be obtained at City Hall). An addition to this amended version is an exemption of sales tax, for Black Hawk residents, on their utilities – electricity and natural gas, mainly. Mayor Spellman commented that the exemption demonstrates the City’s ongoing efforts to benefit residents.

Pay On Time or Pay More Later

Council Bill 13, unanimously approved, is an ordinance establishing uniform penalty provisions for failure to pay city taxes. The penalty adds ten percent of the tax deficiency or a minimum of $15 to a violator’s bill. Unpaid city taxes will accrue monthly interest at a rate of 1.5%. The ordinance also provides for casinos to consolidate tax payments and device fees into one monthly payment. Finance Director Lance Hillis received kudos from the Council for streamlining this process which benefits the City and the casinos.

Medical Marijuana Repeal-Wait-And Reenactment

In approving Council Bill 14, the Aldermen repealed the City’s “Medical Marijuana Code” and then reenacted it. The action was necessary to make the City’s ordinance compliant with legislation recently signed into law by Governor Ritter. To that end, the new ordinance allows medical marijuana dispensaries that were permitted prior to July 1, 2010, (or have a permit in progress prior to that date) to operate until July 1, 2011. After that they will be subjected to the City’s license and the State’s. Dispensary operators must certify that they cultivate at least 70% of their own product. There is an optional cultivation license, said the City’s attorney, Corey Hoffmann, but confidentiality applies to those.

Car Sales

Black Hawk had two used vehicles offered for sale to the highest bidder. Syed Ali won the 2001 Chevy Impala with a bid of $1,835 and the 2000 Chevy Impala with a bid of $1,335. A 2006 Polaris 6X6, used for snow removal, will be put up for bid shortly

City Sells Water Shares

Back in 1998, the City began investing in the Farmers Reservoir and Irrigation Company (FRICO) by purchasing shares of stock for Standley Lake Division water (with all of the water rights, ditch rights, storage rights, etc.). After several years, the City ended up owning a total of 11.61 shares – which the City of Westminster has now offered to buy at $200,000 per share, totaling $2,322,000 for all. The Aldermen were all smiles as they approved the sale. Mayor Spellman explained they had paid an average of $46,452 per share, investing a total of $539,310 simply as a strategy for future profit. In ten years, that’s a profit of $1,782,690. Black Hawk will now use that money to pay for improvements to their own water system.

Public Comment

Dan Grunig, of Denver, representing the group, Bicycle Colorado, asked the Council to remove the ban on bicycling through their city, especially on Gregory Street.

Danielle Dascelos, of Arvada, representing the 2010 Gilpin County Film Festival, thanked the Council for their support of sponsoring last year’s festival and said the group continues to promote Black Hawk. She asked for no more money, but invited Black Hawk to send a representative to introduce the film festival on July 31^st. The event occurs at the Central City Opera House and venues nearby.

Heads Up

There is no Black Hawk Council meeting on June 23^rd as the Aldermen will be attending a CML conference. This Council meets next on July 14, 2010.

There were a couple of election-related issues discussed at Tuesday’s meeting of the Gilpin County Commissioners, which in and of themselves weren’t terribly momentous, but served as a reminder that momentous events lie ahead.

County Attorney Petrock mentioned during his report that there is an election challenge to one of the Sheriff’s candidates that will probably be heard at District Court this week. The Clerk & Recorder is responsible for certifying candidates according to state statutes, but as with all statutes enacted by the Colorado General Assembly, there is always some gray area that requires interpretation.

Once those administrative issues are resolved, it will be on to the primary election campaign. A number of candidate forums are scheduled by various bodies, to be held in various venues around the County. Although the County itself doesn’t have anything much to do with those, we’re still very glad they are being held; it’s important that people get to know as much as they can about the various candidates before they make their decisions.

And those decisions are coming up very quickly indeed; one of the other matters on the Commissioners’ agenda was a resolution that would allow early voting for the primary election. The election itself is August 10^th (so the Commissioners won’t be meeting that day), with early voting at the Courthouse in Central City the week prior. Of course, a lot of Gilpin County residents have opted for mail-in ballots as well, and those will be mailed out in the same time frame.

But for the first time, as a result of the resolution passed at Tuesday’s meeting, early voting will be offered at the Community Center, on Saturday, July 31^st, from 9 to 3:30. The same technology that allows us to use Vote Centers – any voter from any precinct can vote at any site – allows our Clerk & Recorder’s office to conduct early voting at the Community Center as easily as at any other County facility, even the Old Courthouse here in Central City.

A similar resolution authorized early voting at the Community Center on October 23^rd, just before the general election November 2^nd.

Having early voting at the Community Center – and on a Saturday – is  just another way the Clerk & Recorder’s office is working to maximize voter turnout, while still guaranteeing the integrity of the electoral process.

And the electoral process is really all the County can be involved in – the political side of the process is something quite different. Still, it obviously affects all the County employees; frankly, it’s a pretty nervous time for us all.

While we all recognize that we work for the citizens of Gilpin County, there’s always some candidates who talk about doing away with this department head or that – or sometimes even whole departments!

These are all (well, most of them) legitimate and fair points for discussion; while the County functions as a political subdivision of the state, and most of our functions are largely mandated (though not always funded) by the state, there is always a lot of flexibility in how those functions are carried out.

So the County – and particularly the Clerk & Recorder’s office – will make it as easy as possible to vote. It’s up to the citizens as to who – and what – they vote for.

Arizona is trying hard to keep immigrants from Mexico out. They’ve passed laws, one sheriff has set up camps, and so on. It’s all getting a lot of national attention. The history of the west (west of the 100^th meridian that is) should warn Arizona that attempts to keep out immigrants have all failed. Consider the last big wave of immigration. From the point of view of Mexico or the Mormons in the 1840s and 50s, all of those immigrants moving from east of the Mississippi were illegals. The Mexicans and the Mormons all tried to stop the tide, but to no avail.

The Mormon empire called “Deseret” had initial success in keeping out the “gentiles.” Mexico had halted the U. S. immigrants at the Red River and the Arkansas River for a time. But, the Texans just kept coming into Mexican territory. It was only a matter of time until Texas would be lost. Once the gold rush hit there was no keeping the miners out of Colorado either. “Gentiles” (non-Mormons) kept filtering into Deseret too. We’ve had a mixing pot of peoples here in the west for at least a couple of centuries. That western mixing pot is as American as green chili. All the attempts at keeping the “others” out have failed. I’d be surprised if Arizona had any better luck stopping the immigrants than did Mexico or Mormon leader Brigham Young, who was for a time the unchallenged ruler of much of the west.

Mexico Tried Hard To Stop The Immigrant Tide

When the famously controversial General Wilkinson sent Zebulon Pike out our way in 1806, the U. S. had very little idea of what was here. President Thomas Jefferson knew he’d bought quite a bit of real estate from France in 1802, but not exactly where it was. He knew his Louisiana Purchase butted up against the traditional lands of the Spanish Crown. Most of all, Thomas Jefferson knew a lot about the restless nature of the Americans. Once word got out about the West, the immigration was bound to begin. Pike’s reports spurred that emigrant tide, and so did those of Lewis and Clark.

Jefferson was somewhat threatened by the prospect of western movement, perhaps not as much as the Mexicans were, but still worried. He knew that there was a plot afoot to develop a separate nation out here with Aaron Burr as king. President Jefferson had some idea that General Wilkinson was more than just the biggest of the U. S. Army generals. Jefferson surely knew that Wilkinson was in league with Aaron Burr and shared Burr’s idea of setting up an independent country in the west. Jefferson also must have known that Burr wanted to grab some of that Mexican land as part of his new empire. Mexican land was so temptingly sitting here just on the other side of the Arkansas River and in Texas, and who knew where else. But Jefferson had many big fish to fry. He did eventually get Burr tried for sedition, but trying to stop the western expansion was never front and center for him.

Zeb Pike, Lewis and Clark, and Other Travel Writers

Mexico was afraid that soon there would be hordes of Gringo illegal immigrants moving west. It was happening in Texas after all. In fact they sent out an armed force to stop Lewis and Clark from exploring. That little armed column of Mexicans never got anywhere near Lewis and Clark, but the attempt was made. What would have happened if those two famous travel writers hadn’t made their journey and popularized the West?

Harpers Magazine sold out when the accounts of the western explorers were first printed. Very soon after, settlers and adventurers were on their way west. Once Zebulon Pike reported on the gold finds in Bayou Salado (today’s South Park) the gold miners were bound to come here too. Of course all of this immigration took time and the immigrant story is complex. Nevertheless, the urge to move into the new land was not different for those settlers than for the Mexicans moving to Arizona today. Many people want a new chance in a new land. The sitting government can try to keep people from moving, but here in the west it hasn’t worked so far. Heck, governments haven’t even been able to keep people from marrying each other.

Colorado Miscegenation

Mexico lost half of its land to the U.S. under the great annexation called the Mexican War. But, Mexico did manage to bargain in the peace Treaty of Guadalupe Hidalgo for some rights and customs. One of those customs was inter-marriage across racial and cultural lines. Few Mexicans did not carry some “Indian blood” and vice versa. So, Mexico never had a miscegenation law. Miscegenation laws were in place in most U.S. States and “whites” marrying “blacks” or “other races” could be fined and their marriages annulled. Therein lies a story.

I once heard some senior lawyers discuss that odd fact in our court house. Since former Mexican territory included everything west of the Arkansas River, the Colorado miscegenation law didn’t apply to about four fifths of the state. Only once was the Colorado miscegenation law invoked. Shortly after World War II, a mixed race couple was kicked out of their Denver apartment and the landlord invoked the miscegenation law. They fought in court and the judge ruled that since they had been legally married in Pueblo, Colorado (former Mexican territory and on the Mexican side of the Arkansas River) the law did not apply. Fortunately that miscegenation law was repealed shortly thereafter in one of those general legal house cleanings we have from time to time. Not only has it been hard to hold off  immigration in the west, it has been hard to hold off people marrying “immigrants” too.

The Mormons Put Up A Tougher Fight

Once Brigham Young had set out his bold plan for the land of Deseret here in the west, he fought hard to keep control of the fiefdom. He colonized Las Vegas and southern Idaho right from the start. He saw the iron mines and the coal and the shipping possibilities from Los Angeles. He was an excellent planner with a big design for a new nation of the saints. Deseret was going to be a rich country, but absolutely only for the elect. While he allowed a few “gentiles” to live there, mostly he forbade immigration.

Those who defied his rule were dealt with much more directly than anything Arizona has tried yet. Although there are rumors that the “minutemen” who patrol the Arizona border have shot at Mexicans, so far such incidents must be rare. Not so in Deseret. Young simply sent out his “avenging angels” to kill those who wouldn’t swear allegiance. The “avenging angels” hunted down the “illegals” on the list mercilessly. I’ve been reading a biography of one of those “angels,” Port Rockwell. (“Orin Porter Rockwell, Man of God/Son of Thunder” by Harold Schindler) Rockwell, along with Effie Hanks and Dan Hickman, killed quite a few who defied the prophet. That system worked well for a time, and no one entered Deseret or tried to set up there without permission.

By 1857 or so, the tight rule of Brigham Young was all but over. Brigham Young was indicted for ordering murders and later for treason. He resigned as governor of Utah in 1858 with President Buchannan’s federal troops literally at the door. The Mormon kingdom of Deseret was opened for immigration from then on.

Will Western History Repeat Itself?

Will Arizona have success in kicking Mexicans out of the cactus state? Even a quick reading of western history shows that many a government has tried to keep out those people thought to be “outsiders.” It hasn’t worked so far in the west, but for all of us armchair historians, it will be fascinating to watch.