The Black Hawk City Council approved an amendment regarding harassment code language and an agreement regarding opioids during a regular meeting at 3 p.m. on May 25, 2022, at 211 Church Street in Black Hawk. The Council also approved the City’s Exterior Paint Program, the design of the Public Works Detention Pond and Public Works Storage Yard, Water Department job descriptions, a new member of the Black Hawk Business Improvement District and read a proclamation for the 160th Anniversary of the Weekly Register-Call.

City Attorney Corey Hoffmann introduced an ordinance amending the Black Hawk Municipal Code Regarding Harassment. The amendment brings Black Hawk Code compatible with State law.

The Colorado Supreme Court’s recent decision in People v. Moreno, modified laws by striking language that it found created an impermissible restriction on free speech. Black Hawk Municipal Code contains substantially similar language, so the Code is amended to read as follows:

“Sec. 10-127 – Harassment (a) A person commits harassment if, with intent to harass, annoy or alarm another person, he or she: * * * (4) Initiates communication with a person in any medium, anonymously or otherwise, in a manner intended to threaten bodily injury or property damage, or makes any comment, request, suggestion or proposal in any medium which is obscene.”

The Council approved the amendment.

Hoffmann introduced an ordinance approving the Colorado Regional Opioid Intergovernmental Agreement, Region 10, with Clear Creek, Gilpin and Jefferson counties. Black Hawk was one of the original entities that instigated this. It is a statewide settlement and impacts Black Hawk, which is part of the region in which they are hoping to see improvements.

Last fall, the City of Black Hawk executed the Colorado Opioids Settlement Memorandum of Understanding, which set up a number of regions for purposes of opioid abatement. Representatives of counties and municipalities in Region 10 have been meeting to organize the region and have created an Intergovernmental Agreement to formalize regional governance. Region members and representatives to the State of Colorado need to be certified to receive abatement funds for the region, which will be available as early as July.

The Council approved the ordinance.

Cynthia L. Linker, Community Planning and Development director, introduced a resolution approving expenditures in the total amount not to exceed $78,227 for the City’s Exterior Paint Program. Painting a home’s exterior can be an overwhelming task and a sizable financial commitment for a property owner, according to the request for Council Action. The City of Black Hawk provides financial assistance to its residents through the Residential Exterior Paint Program.

On February 8, 2022, staff sent an email to 24 individual property owners notifying them they were eligible to participate in the City of Black Hawk Residential Paint Program for 2022. Applications were due by March 14, 2022.

Sixteen properties had no interest in participating; two properties; 187 Clear Creek Street and 121 Marchant Street, entered the 2022 Historic Restoration and Community Preservation Program; One property owner, after applying, elected to drop out to complete significant repairs identified on the site walk and reapply next year or wait for Historic Restoration and Community Preservation Program participation.

Five property owners want to participate in the program even if the City identified significant repairs. If the City Council approves their project, these applicants will sign the Grant Program Agreement. The total expenditure for the 2022 Exterior Paint Program is $78,227, which does not exceed the approved budget amount of $100,000, so staff recommended approval.

Linker said most of the houses had not been painted for eight years or longer. She will notify the five homeowners and plans to have the work done by September. The Council approved the paint program.

Public Works (PW) Director Tom Isbester introduced a resolution approving a first amendment to the professional services agreement with Baseline Engineering for the design of the Public Works Detention Pond and Public Works Storage Yard in the amount not to exceed $34,555. He said the project keeps growing behind Public Works. They will add drainage to the detention pond, add lights and survey the area. It might be paved late this year.

The PW Detention Pond modification design is progressing, but the recent addition of the newly created PW Storage Yard has added to the complications of the design. The newly created storage yard will add additional storm drainage to the detention system as well as require additional inlets and storm drains to collect the drainage.

The detention and storage areas also will require lighting and paving. Security fences and cameras may also be added. Surveying is required to establish grades and areas for the future paving.

Once the design is completed, pending any other scope changes, they should be able to put together a bid package and bid out the project. This change order accounts for some additional scope changes not yet identified.

The original budget included a $300,000 line item for the detention pond conversion construction. Once this design work is further along, a better estimate of construction costs can be generated.

Pending any other scope changes and with the massive increase in material costs, the City should not be surprised to be in the $750,000 order of magnitude for this project. The Council approved the resolution.

Isbester introduced a resolution approving the part-time job description for the City of Black Hawk Water Department. Jim Ford is retiring and will work remotely from Wyoming on water resources, and he presented a part-time job description. Ford provided ample notice that he was going to retire on June 1.

The Denver metropolitan area is currently ranked number two as the best place for civil engineers. As such, the current market for engineers has made it incredibly difficult to find a replacement and fill the position.

In seven months of various advertising, the City has received only two moderately qualified applicants, and they both turned down the position. The current water manager has graciously agreed to work remotely on a very part-time basis to assist the City with the many ongoing projects and operations issues.

The Council approved the resolution.

During his report, City Manager Steven Cole said he is changing the Water Manager Job Title Change to Water Resource Engineer. It changes the title only.

The Council approved an ordinance appointing a director, Michelle Shriver, with a unanimous recommendation, as the replacement for Craig Pleva at the Monarch Casino to the Board of the Black Hawk Business Improvement District. The Council also approved a resolution authorizing the Mayor to execute a Quitclaim Deed on behalf of the City to a Newly Registered Elector Qualified to Serve on the Silver Dollar Metropolitan District.

The Council issued a Pronouncement for the 160th Anniversary of the Weekly Register-Call. Mayor David Spellman read a proclamation and presented a plaque to owner Bob Sweeney.

“The mining camp, which would eventually become the City of Black Hawk, was established in May of 1859 part of the Gregory Diggings. The Gregory Diggings was the location of the first lode gold discovery in the Territory of Kansas, which on February 28, 1861, became part of the Territory of Colorado.

“In June of 1860, William L. Lee, Dr. Frederick H. Judd, and Mylo Lee founded the town of Black Hawk Point. In the Third Session of the Colorado Territorial Legislature, on March 11, 1864, Black Hawk Point was incorporated as the City of Black Hawk, establishing Black Hawk as the second incorporated city in the Territory of Colorado, with Denver being first.

“From Black Hawk’s inception and through the remaining years of the 19th Century and much of the 20th Century, it was only through newspapers that Black Hawk residents and visitors learned about important issues of the day. And as it has been from the incorporation of the City, it is through newspapers that the City of Black Hawk publishes its Legal Notices, thereby meeting the legal obligation to keep its citizenry informed.

“Through newspapers, the triumphs and the setbacks of the City have been reported, and it is through newspapers, the joys and sorrows of the day have been shared with the Black Hawk community.

It is now with due consideration that I, Mayor David D. Spellman, pronounce the following proclamation. The Weekly Register-Call can trace its publication lineage back to the Tri-Weekly Miner’s Register, first published on July 28, 1862. The Weekly Register-Call is the undisputed oldest newspaper published in Colorado and has been published continuously in Gilpin County, never missing an edition in its 160-year history.

Weekly Register-Call owner, who rang the traditional bell to open the meeting, said he is probably the oldest publisher for the oldest newspaper. He was on the City Council in Craig and owned a newspaper there.

They built four power plants at the time, and now they are going to shut them down. He said Black Hawk should have an emergency fund, because no one knows how they will get power. “I will carry the paper on, and my four kids will carry it on. Our postal permit is in Black Hawk and not Central City. It is my pleasure to be your publisher.”

The next Black Hawk City Council meeting will be at 211 Church Street in Black Hawk on Wednesday, June 8, 2022, at 3 p.m. For more information go to https://site.cityofblackhawk.org/.