GILPIN COUNTY - The Gilpin County Board of County Commissioners’ meeting on November 12, 2024, featured the much-anticipated presentation of the Sexually Oriented Business (SOB) Impact Study conducted by Paradigm Public Affairs. This meeting will be the only BoCC meeting for November 2024.

All commissioners were present: Marie Mornis, Sandy Hollingsworth, and Chair Susan Berumen. County Manager Ray Rears, Attorney Todd Messenger, and Clerk Kimberly Kaufman were also in attendance.

The study addressed the potential secondary effects and financial implications of establishing an SOB within Central City, an area under scrutiny given its unique economic and legal context. The County hired Paradigm to conduct the study for $50,000 in June of 2024 in the wake of a possible SOB operating in Central.

The presentation by Dr. Tanya Settles outlined possible scenarios and recommendations for the County’s approach to SOB zoning regulations and their impact on public safety, community welfare, and economic development.

Sexually Oriented Business Impact Study: Key Findings

In a comprehensive presentation, Dr. Settles detailed the methodology and conclusions of the study, which analyzed potential crime rates, regulatory concerns, and the financial impact on Gilpin County’s public services. Settles said that while SOBs are protected under the First Amendment, local governments retain the authority to regulate their secondary effects, such as crime and traffic issues.

The study explored three scenarios: maintaining current zoning restrictions that confine SOBs to the Industrial Zone, loosening restrictions to allow SOBs in the central business districts, and a legal challenge that could revert zoning to previous standards. 

Under each scenario, Settles estimated an increase in calls for service, and recommended proactive adjustments to the County’s Intergovernmental Agreement (IGA) with Central City to ensure adequate law enforcement support.

Settles addressed the unique nature of Gilpin County, stating, “Empirical studies – the problem with them is that they occur in other places – and there’s no place like Gilpin County. There’s no place like Central City anywhere.” 

Dr. Settles noted a key finding of the study: it is unlikely that sexually oriented businesses (SOBs) will have a significant impact on law enforcement services in Central City for Fiscal Year 2025, and potentially beyond.

This is largely due to the current zoning decision, which restricts SOBs to the Industrial Zone, as well as pending federal litigation that could take years to resolve. Despite this, Dr. Settles acknowledged that Central City is proactively seeking diverse economic development opportunities. As these efforts succeed and new businesses emerge, the demand for public safety services is expected to increase accordingly.

Dr. Settles commended the dedication of local public servants throughout the assessment process. Although opinions on adult-themed businesses vary, she said that stakeholders appear focused on what is best for Central City and Gilpin County.

With this baseline understanding, Dr. Settles expressed optimism for a path forward that could include adult-themed business expansion while also balancing constitutional protections, community engagement, and public safety needs.

She sees a potential for Central City and Gilpin County to serve as a model for managing such economic development thoughtfully, fostering an environment where businesses can thrive, visitors feel welcome, and residents enjoy a safe community that honors the area’s unique history.

The presentation concluded with several recommendations, including a reassessment of zoning policies, increased community engagement to manage misinformation, and strategic adjustments to victim services funding.

The Board expressed interest in hosting listening sessions for public feedback, and affirmed the importance of gathering accurate information before any policy decisions. 

Sheriff Kevin Armstrong commended Black Hawk Police Chief Michelle Moriarty for her efforts in educating casino workers on human trafficking, an issue linked with the presence of adult-themed businesses.

Other items of business

Resolution 24-156, Law Enforcement Academy Repayment Agreements: The Board approved a resolution allowing the Sheriff’s Office to enter into repayment agreements for training costs of two Detention Officers. The agreement stipulates that if officers leave within two years of training, they must reimburse the County on a prorated basis.

This policy aims to safeguard the County’s investment in training while addressing the turnover challenges in law enforcement.

Resolution 24-148, Lease Agreement with Gilpin Mountain Kids Early Learning Center: In a bid to address the childcare shortage following the closure of Eagles Nest, the commissioners authorized a lease agreement with the nonprofit Gilpin Mountain Kids Early Learning Center.

The annual lease amount is set at $1, and the center will reimburse the County for insurance costs. The commissioners discussed water rights and potential alternative uses for the building before approving the resolution unanimously.

Resolution 24-147, Child Care Funding for Gilpin Mountain Kids: The Board approved the disbursement of $100,000 from the 2024 budget to support the early learning center’s startup costs.

The funds will be allocated toward hiring a director, making necessary repairs, and covering initial business expenses. Gilpin Mountain Kids is still awaiting federal approval of its 501(c)(3) status but is recognized as a nonprofit by the state.

Resolution 24-144, Lease Renewal with Gilpin Ambulance Authority: The new lease agreement with the Gilpin Ambulance Authority includes a 5% annual increase in rent and a provision for sharing internet costs at the Apex Emergency Services Building. Commissioners approved the resolution, acknowledging its alignment with similar agreements and the need to support emergency services.

Resolution 24-15,  Adoption of 2025 Comprehensive Fee Schedule: The Board approved the new fee schedule, which includes notable increases in building permit fees, septic use permits, and rates for the transfer station.

Parks and Recreation Director Gabrielle Chisholm noted that increased fees for non-residents using the Community Center could generate additional revenue. Mornis voiced opposition, suggesting that accepting the IGA offer from Black Hawk could alleviate the need for such increases.

Resolution 24-152, Contract for Multi-Function Copier Lease: The commissioners awarded a contract to All Copy Products, Inc. for the lease of copiers for County offices, authorizing the County Manager to finalize the agreement within budget constraints.

Resolution 24-146, Planning Commission Appointments: The Board reappointed three incumbents to the Planning Commission without requiring further interviews, a decision supported unanimously.

Resolution 24-150, Acceptance of Charge Ahead Colorado Grant: The Board formally accepted a $62,500 grant for the installation of electric vehicle chargers at the Gilpin County Public Library, with Mornis dissenting.

Mornis emphasized that she had voted against the resolution previously, saying she does not believe the County should have EV chargers along the highway or at the library. “Strangers and people stopping there when we have activities at the library, and I didn’t approve of it last time for those reasons.” The resolution was approved 2-1.

Public Comment

A resident shared his struggles with an uncompleted septic system expansion, inherited from previous owners, which may lead to foreclosure due to high repair costs. The commissioners listened but offered no immediate solutions.

County Manager’s report

Rears announced that the December 9 work session will be postponed until the first quarter of 2025.

The next regular meeting of the Gilpin County Commissioners is scheduled for December 10, 2024, at 9 a.m., held in person at the Historic Courthouse and accessible online via Zoom.