The Gilpin County Commissioners approved an application to rezone property in Rollinsville during a regular meeting at 9 a.m. on October 4, 2022, at the courthouse in Central City and virtually. The Board also approved a variance request on Apex Valley Road, continued landmark designation for the Fritz Peak Observatory, and approved a cost of living adjustment for staff.

Director of Community Development Robert Gutierrez introduced an application for rezoning property at 155 Main Street in Rollinsville. The applicants, Mark and Lynn Slinger, own the property located at 155 Main St, which is currently zoned as C4 Heavy Commercial.

The Slingers would like to rezone the five south adjacent vacant parcels from RR, Resource Residential, to C4, Heavy Commercial. Staff recommended a “do-pass” recommendation. This proposed rezoning is consistent with the Comprehensive Plan as it is located within the small focus area of Rollinsville; which allows for and encourages the types of new development and redevelopment in areas predetermined for that purpose.

The proposed rezoning is consistent with the purposes of these standards and regulations as it will not create any non-conforming uses of the land. The proposed rezoning is compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, not detrimental to the future development of the area, and not detrimental to the health, safety or welfare of the inhabitants of the area and the county.

Applicant Mark Slinger said the neighboring property is all active C4 commercial property. He acquired the five lots along Main Street and would like to rezone so it can have an addition. “That’s our objective,” he said.

Board Chair Sandy Hollingsworth asked about vehicles from the auto space that are parking on the County Road. She asked if he could create parking spaces. Slinger said he should move any cars off County property.

Gutierrez said four vehicles on the property are inoperable. They should be removed.

The Board approved the rezone with the stipulation that the four vehicles be moved within 30 days.

Gutierrez introduced a Variance Request for 2580 Apex Valley Road for an On-site Wastewater Treatment System (OWTS). The building on the site is 17,000 square feet and was built in 1981.

Applicants Dan Genrich and Darcy O’Brien Genrich have applied for the variance from the Gilpin County Onsite- Waste Treatment System regulations. The applicants are seeking to vary from regulations to allow for full-time occupancy of the residence. which cannot accommodate an OWTS with Soil Treatment Area (STA).

One of the provisions of the County’s existing OWTS regulations is that vault systems are permitted for full- time use on properties where an OWTS with soil treatment area has failed but are not permitted for full-time use on properties with existing structures that cannot accommodate an OWTS with soil treatment area.

Staff members are aware of numerous properties throughout the County that were constructed more than thirty years ago that do not have OWTS with soil treatment area and cannot accommodate one due to limitations of the property in size, topography, or geology.

Properties with vault systems are considered limited occupancy dwellings, which does not permit occupancy for more than 120 days per year. “This is a significant restriction, one which the regulations do not appear to impose on properties using other alternatives from a traditional septic system such as chemical, composting, or incinerator toilets,” states the staff report.

The property at 2558 Apex Valley Road is too small to accommodate an OWTS with soil treatment area. The applicant has provided documents with this submittal to substantiate the limitations of the property for an OWTS with soil treatment area with technical justifications provided by a professional engineer.

The strict application of the terms of the Gilpin County OWTS Regulations will constitute an unnecessary hardship if applied to the property. Approval of this variance will not be injurious to the public health, safety or general welfare of the community because a properly maintained OWTS vault system will not generate any additional impacts on the surrounding area if the property is allowed to be used for full-time occupancy.

Staff recommended that approval of the variance be conditioned on the property owner maintaining a contract with a licensed OWTS contractor for pumping, inspection, and maintenance of the vault system as needed.

Hollingsworth said now the owners want it to be a short-term rental, so they will have to have an inspection done. Gutierrez said it will allow full-time use with the vault system and recommended approval. They will be required to have a maintenance contract to have the contents pumped regularly.

Commissioner Web Sill said that that was a good compromise, and Commissioner Linda Isenhart pointed out the letters of approval they have received from neighbors. The Board approved the variance request on a unanimous vote.

Gutierrez introduced a Landmark Designation for 19138 Highway 119, the Fritz Peak Observatory, and then asked for a continuance. He said the application came from the Timberline Fire District, and Chief Paul Ondr asked for more time to talk to his Board.

They want to build an addition, and the Historic Preservation Commission has approved it. The Board continued the public hearing until October 18.

County Manager Ray Rears introduced a Cost-of-Living Adjustment (COLA) and Thank You payment for staff. The County staff has identified a need to increase wages to ensure the County remains competitive in the labor market.

The Consumer Price Index in August rose 8.3 percent over the last 12 months, per U.S. Bureau of Labor Statistics. Staff is requesting a Cost-of-Living Adjustment (COLA) to adjust wages by 4 percent to 7 percent.

This excludes elected officials, Deputy Coroners, the library, contract employees, and those employees over their pay grade maximum. The proposed COLA adjustment would consist of four tiers ranging from 4 percent to 7 percent, with the lowest-paid one-quarter tier receiving the highest rate increase at 7 percent, and the highest-paid tier receiving 4 percent. Seven employees are already above their maximum pay and would receive a one- time lump sum “Thank You” instead of a COLA adjustment.

Those full-time employees who are eligible for the “Thank You” will receive a one-time payout of $1,250 and part- time employees will receive half that amount. Ten employees near the top of their range will receive a portion of their COLA up to the maximum in their paygrade, with the remaining portion prorated above their pay grade for a portion of the “Thank You.”

Staff is requesting this change to take effect retroactively to the pay period starting on October 1, 2022. Employees would then receive their first adjustment or one-time lump sum payment in their October 21 paycheck. The total cost would be $113,319.61 for 2022.

Sill said he would support this action this year and next year too. Hollingsworth said the County will be using the overage money the County received from gaming.

The Board approved the cost-of-living adjustment and Thank You payment.

Rears reported that gaming revenue has been quite successful this year, and numbers are favorable. Starting next year, the County will be debt free.

The Board will conduct a special meeting on Tuesday, October 11, 2022, at 9 a.m., at the Gilpin County Courthouse, and the next regular meeting will be Tuesday, October 18. For more information, go to https://gilpincounty. colorado.gov/public-meetings/board-of- county-commissioners-bocc-meetings.