John Scarffe, Black Hawk.  The Black Hawk City Council approved working with a Seattle law firm on the pursuit of claims against pharmaceutical companies during a regular meeting at 3 p.m. on Wednesday, August 22, 2018, at 211 Church Street. The Council also approved ballot language for the November election regarding sales tax increases and a short-term rental ordinance.

City Attorney Corey Hoffmann introduced a resolution approving the Professional Services Agreement with Keller Rohrback, L.L.P. regarding the pursuit of claims for damages and injunctive relief against pharmaceutical companies or pharmaceutical distributers who manufacture, market and sell prescription opioids, and other related services as necessary.

Hoffmann told the Council this is a professional services agreement with a Seattle law firm that specializes in these kinds of claims due to the impact on municipalities, court systems and police departments with potential damages going forward. Black Hawk participated with several other communities that are signing up for this legislation.

The City has three options, file in Gilpin County, file with the District Court or with a multi-district legislation in Ohio, Hoffmann said. The firm proposed to be selected has the expertise to file locally with no cost to the city. It’s a contingency agreement, and no out of pocket to the city.

Alderman Paul Bennett said this needs to be done, and the Council approved the resolution. Finance Director Lance Hillis presented ballot language for the November 6 special election coordinated with Gilpin County.

“The City desires to conduct a special election on November 6, 2018, as part of the state’s general election, so that City voters may consider expanding the City’s use tax to match the scope of the City’s existing 6.00 percent sales tax.

“Ballot Question No. 1 – Use Tax: Shall the City Of Black Hawk taxes be increased by an estimated two million dollars ($2,000,000.00) annually in the first full fiscal year (2019) and by whatever additional amounts are collected annually thereafter by the levy of a use tax of six percent for the privilege of storing, using, distributing, or consuming in the city any articles of tangible personal property or any taxable services purchased, leased or rented from sources inside or outside the city on which a city sales tax has not been paid; shall all revenues derived from such use tax be used for general municipal and governmental purposes; and shall the City be authorized to collect, retain, and spend all such tax revenue and any investment earnings and interest thereon without limitation and without limiting the expenditure of any other revenues or funds?”

Hillis said this would be a use tax, which the City has a tax on motor vehicles. This would increase personal property to 6 percent. Mayor David Spellman said that now it is 4 percent, and the Council approved the special election and ballot language.

Hoffmann introduced an ordinance adding a new article to the Black Hawk Municipal Code, entitled Short Term Rental Properties. This article of the Black Hawk Municipal Code will establish licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use and occupancy of short-term rental properties in the City.

Hoffmann said this ordinance would address some concerns raised on assuring that short-term rentals exist and that the impact may not be any different than a single family home. The Council adopted an ordinance assuring parking on site, and this would be a license scheme for minimum safety standards and would comply with the criteria of the code, but can’t be used for any other kind of business.

The Council approved the ordinance, and also approved a related amendment to the 2018 City of Black Hawk Fee Schedule. Incorporated into the Fee Schedule are changes proposed by City staff to support Short Term Rental Properties.

Public Works Director Tom Isbestor introduced a resolution authorizing the execution of necessary agreements with XCEL Energy for the undergrounding of the primary electric, street light circuit and residential services along Chase Street in an amount not to exceed $435,178.00.

XCEL Energy has provided quotes for the primary electric undergrounding including the street light circuit and light fixtures for Chase Street, according to the request. XCEL also provided quotes for 17 separate residential services.

These quotes need to be executed to get the work scheduled. The quotes indicate that the lead time to construction will be at least five weeks, according to the request.

In addition to XCEL Energy’s work, the City will separately contract for electrical work from the meter to each service panel made necessary by this undergrounding work. The City will separately contract for paving upon completion of the work.

The Council expressed thanks and gratitude to Mr. Isbestor for his work on the project. Isbestor said the City should start the time clock, and work could start in five weeks. The Council approved the resolution.

Jim Ford introduced an ordinance regarding the City’s Watershed Protection District.

In 1986, the City established a Watershed Protection District to protect the raw water quality entering the City’s water system.

In 1988, the ordinance was amended to include protection from additional sources of pollution. Because of the expansion of the City of Black Hawk’s water system with the addition of the Hidden Valley Water Treatment Plant, the City’s Watershed Protection District has expanded, necessitating this revision to the map of the City’s Watershed Protection District.

This Ordinance will include the area protecting the Hidden Valley Water Treatment Plant intakes. Ford said that the ordinance expands the area that will be protected as watershed because the original ordinance didn’t have the Hidden Valley plant.

Hoffmann said this is state law authorized. It assures that if someone impacts the watershed within five miles, the City has the ability to enforce. The Council approved the ordinance.

Isbestor presented a resolution awarding the bid and contract between Black Hawk and Vance Brothers in the Amount of $89,809.32 for the Black Hawk Slurry Seal Project. Public Works budgeted $100,000 for asphalt maintenance in 2018, specifically to slurry seal sections of Main and Richman Streets, along with several city parking lots, to extend the life of the surface.

Two asphalt contractors submitted bids, and staff selected Vance Brothers. Isbestor said this is the annual maintenance project we’ve been putting off, working on parking lots. “We’re going to be tearing up Main Street by the Canyon.”

The Council approved the contract with Vance Brothers.

(Originally published in the September 6, 2018, print edition of The Mountain-Ear.)