The Black Hawk City Council (BHCC) held their regular meeting on Wednesday, April 10, 2024, in the Council Chambers. Before this meeting, the Council held an “Elected Officials Ethics Training” at 2 p.m.

The Council consists of:

David D. Spellman

Mayor June 1, 2006 to Present; Alderman August 27, 1993 to April 4, 2006; Alderman April 1, 1986 to July 1, 1992

Linda Armbright

Alderman April 26, 2006 to Present

Paul Bennett

Alderman April 14, 2004 to Present

Jim Johnson

Alderman April 28, 2010 to Present

Hal Midcap

Alderman April 1, 2014 to Present; Alderman July 12, 1995 to April 4, 2000

Greg Moates

Alderman April 21, 2008 to Present

Benito Torres

Alderman April 25, 2012 to Present

City Attorney Corey Hoffman, City Manager Stephen Cole, Deputy Clerk Michele Martin, and Clerk Melissa Greiner also attended the meeting.

Hoffman said the Council has participated in ethics training every two years for several reasons: it is a good reminder as to what is, and isn’t, ethical; and their insurer, Circa, wants to assure they get the training. He said, “These issues are related to your role as a Councilmember and how that role interlaces with your insurance coverage.” He continued to say, “The only time an individual councilmember could ever be outside insurance coverage, is if you are acting outside your scope.”

He gave examples of deviations and then discussed the three roles of the Council:

1. Legislative: passing laws that apply to everyone equally, no constraints.

2. Quasi-judicial: taking laws that have already been adopted and applying them to particular applications; i.e. liquor matters/land use.

3. Administrative: approving contracts; catch-all.

He said that #2 is the area most fraught with peril; council members are not acting as elected officials, but as judges. Conflicts of interest are very important during these activities.

He also said they have a City Manager form of government, meaning that the administrative operations of the City are delegated to the City Manager. This means that council members cannot give specific direction as individuals to staff. Direct reports must be made to the City Manager, City Attorney, and the Municipal Judge.

Hoffman said there are three areas that could taint the quasi-judicial body’s impartiality:

1. Ex-parte contacts: difficult, because Black Hawk is a small community where everyone knows everyone. Ex-parte communication can be defined as hearing evidence on behalf of only one party. Hoffman advised council members not to discuss council issues with anyone outside of the council meetings.

2. Conflict of Interest: Conflicts of interest were defined as a personal or financial interest in a matter. If there is a conflict of interest, the council member must physically recuse him or herself from that part of the meeting.

3. Pre-judgment: One example is having an “abhorrence to alcohol” and voting on a liquor license application. This is actually against Colorado law. Another example would be a council member making absolute statements of support or opposition on a matter at any time before a quasi-judicial decision.

Hoffman then said that open meetings can generate a lot of litigation in several ways:

1. Having meetings without notice: If there are three or more council members meeting in person, or electronically, the council must give the public 24 hours’ notice of the meeting.

2. Use of email: emails that have responses can only be between two council members at a time; daisy chain emails are illegal. Daisy chain emails occur when emails are forwarded to one recipient and then to another to share information. One-on-one discussions are fine, but if a third person is added, the act could be litigated.

3. Executive sessions: no decisions can be made during executive sessions. The only purposes of executive sessions include receiving legal advice, constructing negotiations, discussing property acquisitions, and dealing with personnel matters related to the City Manager, City Attorney, and Municipal Judge. Sessions are recorded but only a municipal judge can listen to them. Challenges to executive sessions must be prompt, since per law the recordings are only kept for 90 days.

Armbright asked, “Will we have to give up our dinners together?”

Hoffman replied, “No, one of the exceptions to the Open Meetings Law is for social events. It is incumbent upon you to not talk to City business. If you desire to talk City business at the dinner, you must have the City Clerk post the meeting.”

The ethics training ended at approximately 2:30 p.m., after which the regular meeting began.

Black Hawk Municipal Judge Ronald Carlson rang the bell that commenced the April 10 regular meeting.

Spellman began the meeting with a quote often attributed to Abraham Lincoln: “You can please some of the people all of the time, you can please all of the people some of the time, but you can’t please all of the people all of the time.”

He then continued to add, “In the City of Black Hawk, there are inherent benefits and opportunities all of the time for residents, property owners, city employees, and businesses. Simply stated, Black Hawk is an outstanding city to live, work, and conduct business.”

Spellman informed everyone that he will recuse himself during Resolution 35-2024, a Resolution Approving Expenditures in the Total Amount Not to Exceed $225,312.00 for the City’s Exterior Paint Program.

The judge then swore in Spellman, Bennet, Moates, and Torres, who repeated the oath to support the U.S. Constitution, the State of Colorado, and the charters and ordinances of the City of Black Hawk. These officers had remained on the Council since there had been no opposing candidates for those positions and the April election had been canceled.

Jennifer Wilcox, Communications Officer I, was introduced to the Council. Wilcox wrote that she is excited to be part of the Black Hawk First Responders community. She is in her last week of dispatch training.

Mayor and Board of Aldermen comments: Moates thanked Black Hawk Fire Department for their exceptional work and care for Black Hawk residents during the recent windstorm.

Resolution 32-2024, a Resolution Reappointing Ronald W. Carlson to be the City of Black Hawk Municipal Court Judge.

Without discussion, the Board unanimously approved the resolution. The Judge will serve a two-year term, which shall expire on May 1, 2026.

Carlson thanked the Council, saying “I really appreciate that I feel part of the Black Hawk family. It’s so refreshing and rewarding for me.”

Resolution 33-2024, a Resolution Approving a Change Order to the Design Services Contract with JVA, Inc. for Design Services for the Hidden Valley Water Treatment Plant (WTP) in the Amount Not to Exceed $52,000.

From the agenda packet:

“The Hidden Valley WTP was designed and constructed around 1998. The facilities were designed to ultimately double the capacity of the plant, with only half of the equipment being populated. Unfortunately, the regulations with regard to treatment have evolved and the basins constructed for future use no longer met current design standards.

“In January of 2022 the City executed an agreement with JVA for the design of the second train at the Hidden Valley Water Treatment Plant. In June of 2022 Change Order No. 1 was executed for modifications to the sludge handling process. In August of 2022, JVA on behalf of the City of Black Hawk submitted a Basis of Design report and 60% drawings for the Hidden Valley WTP to the Colorado Department of Public Health and Environment (CDPHE).

“CDPHE required additional information to support the required variance request that accompanied the application. That information requested included extensive water quality testing and various stages of the treatment process that would confirm if the treatment process would yield acceptable results to grant the variance of the current treatment standards.

“On March 11, 2024 CDPHE issued a permit to proceed with construction of the plant as it was originally designed. This change order is for the fees associated with the additional work needed to obtain the permit.”

Without discussion, the council unanimously approved the resolution.

Resolution 35-2024, a Resolution Approving Expenditures in the Total Amount Not to Exceed $225,312.00 for the City’s Exterior Paint Program.

Spellman recused himself and left the room.

The money is to be paid to Independent Painting for the 2024 Exterior Paint Program for the following properties: 140 Chase Street, 210 Chase Street, 241 Chase Street, 351 High Street, and 100 Marchant Street – Carriage House, 100 Marchant Street – Main House, 110 Marchant Street – House, 100 Marchant Street – Garage, 131 Marchant Street, and 141 Marchant Street.

Without discussion, the council unanimously approved the resolution.

Resolution 36-2024, a Resolution Amending the Policy Regarding Citizen Comments at City Council Meetings.

Greiner explained that the resolution would amend the approved policy governing the Public Comments at Black Hawk Council meetings, reducing the comment time from five minutes to three minutes.

Without discussion, the council unanimously approved the resolution.

Local Liquor Authority Consideration of a Request for a New Tavern Liquor License for Pinnacle MLS, LLC dba Ameristar Beer Garden at 100 Richman

Street, to Set the Boundaries of the Neighborhood and Set a Date for Public Hearing.

The Richman Beer Garden Concept describes the area as having food trucks, fire pits, bistro lighting, and cornhole boards.

Greiner said there is a meeting to set boundaries of the neighborhood scheduled for a public hearing on May 22, 2024.

Without further discussion, the council approved the resolution.

The City Attorney recommended a brief Executive Session to discuss legal issues relating to negotiations with other governmental entities and potential revisions to the Employee Handbook.

At 2:56 p.m. Bennet moved to go into Executive Session and the motion carried unanimously.

When the council returned at 3:20, Spellman said the meeting was adjourned.

The next regular meeting of the Black Hawk City Council is scheduled for April 24, 2024, at 3 p.m. in the Council Chambers located at 211 Church Street, Black Hawk, Colorado.