The Gilpin County Board of County Commissioners (BoCC) called their regular meeting to order at 9 a.m. on Tuesday, December 12, 2023. In attendance were Commissioner Marie A. Mornis, Commissioner Susan Berumen, Commissioner Sandy Hollingsworth, County Manager Ray Rears, and County Attorney Brad Benning.

Public comment included remarks that the budget meetings should be more open and recorded. Alisa Witt introduced Marie Larson, the new Community Health Specialist, who started three weeks ago.

PUBLIC HEARING – Resolution 23-124, Adopting the 2024 Budget – Joe Allaire, Finance Director

Allaire is waiting for some final numbers in order to finalize the budget. One of the biggest expenses, he noted, is the Justice division.

At 9:13 Mornis opened the hearing to public comment. One resident shared concerns that the community disagrees with funding the rec center through the failed 1A ballot mill levy tax. The resident would like to see the Community Center open seven days a week and would like to see the County support it through the General Fund.

A resident said that for 17 years, the Rec Center was paid for out of the General Fund. He said that the budget proposal has increases in salaries, benefits, and parties, as well as spending on office renovations. He said this is not the sign of a poor county but that somehow this year the Rec Center is not funded.

Another resident said they attended the budget meeting on December 4 and that they would like to see the Rec Center open to the public on the days of the after-school program. An additional resident thanked the staff for the budget,

A further resident said they believed putting the Community Center to a vote was a good thing and that the County is doing the right thing by funding capital requirements. If casino revenue is the County’s funding source, it is not really a stable enough dedicated revenue to keep the rec center open seven days a week.

Arwen Ek, Director of Holistic Homestead, commented that vital community events are threatened by Parks and Recreation being stretched too far.

Another resident commented that the food pantry should have been put on the ballot and that the public ought to have some input on those things. That person believes that there is a lot of waste in the budget, like the food pantry buying fresh organic turkeys. They believe the rec center should be open seven days a week, but voted against the mill levy. They believe the commissioners should find the $600,000 to keep the rec center open out of the $14 million in the budget.

The public hearing was closed at 9:33 a.m.

Hollingsworth responded that the budget proposes that the rec center be open four days a week, not closed. She said some members of the public may have been looking at the first version of the budget, and that there have been many changes.

Berumen said the third draft of the budget is very conservative and shows that the casino revenue has decreased.

Mornis said that there have been increases in staffing that the Board will be looking at in 2024, and that they can hopefully reduce expenditures in the future.

Hollingsworth said the last board sought to reserve money for emergencies, six months’ operating costs, and acquisitions of things like water rights; and that the current board is working to set those funds aside.

Mornis said that the current board came up with the reserve numbers by talking to Teller County, which also has gaming.

This year’s 2024 budget includes $7 million in deferred maintenance.

Hollingsworth moved to continue the budget discussion at the second hearing to adopt the budget, on December 19 at 9 a.m., which will not involve public comment. Berumen seconded, and all were in favor.

Resolution 23-122, Adopting 2024 Minimum Wage Adjustments – Chanda Johnson, Human Resources Director.

The minimum wage of $14.42 is a state requirement. Berumen moved to approve and all were in favor.

The board then recessed as the Gilpin County Board of County Commissioners and convened as the Board of Adjustment.

PUBLIC HEARING – Board of Adjustment – Resolution BOA-23- 3, Setback Variance Request, TBD High Point Circle, Black Hawk, CO 80422 (Daniel Jaynes, Applicant) – James Shrout, Planner 1

The applicant, Daniel Jaynes, is seeking to vary from the Zoning District Specifications of the Gilpin County Zoning Regulations, to allow for the construction of a single-family dwelling with attached accessory structure with a setback of approximately 20 feet, less than the required setback of 30 feet from all property lines. The property has a peculiar topographic situation in which a variance is necessary to meet the County driveway specifications for access by emergency responders.

Public comment included a remark that the applicant should introduce himself to the neighbors. Shrout reported that another neighbor is in support of the variance.

Hollingsworth moved to accept the resolution, Berumen seconded, and all were in favor.

The board then adjourned as the Board of Adjustment and reconvened as the Board of Commissioners.

PUBLIC HEARING – Resolution 23-119, Granting a Special Use to Always Choose Adventures at 300 Swamp Angel Lane, Central City, CO 80427 – Rob Gutierrez, Community Development Director and James Shrout, Planner 1

The public hearing opened at 9:59 a.m.

The applicant, Chantelle Shoaee, is seeking a Special Use to allow for an educational campground focused on recreational education and training for the outdoors. The subject property is a parcel of approximately five acres located in southwest Gilpin County near the Clear Creek-Gilpin County line.

Gilpin County Zoning Regulations Section 2.2 Zoning Districts allows for both NAICS 611 educational and recreational services and NAICS 7212 recreational vehicle parks and recreational camp type uses. Activities for the education and recreation camp will occur both on site at the property and offsite at another suitable location for the proposed activity, such as paddleboarding.

On Monday, October 16, 2023, staff met with the Division of Reclamation, Mining and Safety at the subject property to discuss concerns about the open mine shaft and how to secure the open mine with a grate, to be funded by the Federal Government. During travel to the site, staff observed that considerable grading and improvement had been made to Swamp Angel Lane.

Photos of the improved road conditions were taken by staff. Additional road improvements have been made since the October 16 visit and were observed by staff during a site visit on October 25, 2023.

Shoaee said that the camp itself will help at-risk youth and those with chronic illness. They have removed hazardous materials from the property, repaired the road, and installed bear conflict receptacles. They anticipate twelve events in 2024, each with fewer than 40 attendees.

Public comment was closed at 10:11 a.m. Mornis asked about the scope of the road improvements and Shoaee responded that the road is much improved.

The commissioners expressed concern for continued road maintenance. Timberline will be doing a yearly check for accessibility and safety. ACA will be funding the road maintenance. Gilpin and Clear Creek emergency services will work together on any calls.

Shoaee said that neighbors who maintain the road are ready and willing to fix the road in the case of a spring washout and that they will build a drainage ditch when they can see which way the water will run.

Timberline will be performing fire mitigation this week, Shoaee reported, and there will only be one campfire on the 5-acre property, with appropriate safety precautions.

Hollingsworth asked which road would be the main access road. Shoaee responded that York Gulch will be the access road since it is more easily traveled.

Shrout plans on working with Timberline and property owners on preserving the mine while ensuring safety.

Berumen moved to adopt the resolution, Hollingsworth seconded, and all were in favor.

Resolution BLE-23-4, Approving a Boundary Line Elimination, 174 Woodbine Place (Richard and Vicki Babb, Applicants) – James Shrout, Planner 1

The applicants are seeking to eliminate the boundary lines between the four parcels they own in the South Pinecliffe Subdivision. There is currently a single family dwelling on one of the parcels. This Boundary Line Elimination (BLE) is subject to Section 5.5 (A)(2) of the Gilpin County Zoning Regulations for Subdivision Exemption, which states that any lot or parcel may be combined with an existing developed parcel.

Hollingsworth moved to approve, Berumen seconded, and all were in favor.

A letter was submitted by Sahari McCormick from State Clerks asking State Representatives to safeguard the election process. She said oversight is critical and she invited everyone to stand up for Colorado elections.

She requested the public to bring to her, the designated election official, any questions or concerns they may have.

Resolution 23-117, Approving a Memorandum of Understanding for the Collaboration and Coordination in Wildfire Risk Mitigation and Forest Health Projects within the Clear Creek Watershed – Jennifer Cook, CSU Extension Director

Resolution 23-117, which would authorize the County to enter into a memorandum of understanding (“MOU”) between the City of Golden, the City of Westminster, the City of Black Hawk, the City of Arvada, the City of Thornton, the Town of Empire, the County of Jefferson, the County of Clear Creek, Clear Creek Fire Authority, the County of Gilpin, the Colorado State Forest Service, and the United States Department of Agriculture, Forest Service for collaboration and coordination in wildfire risk mitigation and forest health projects within the Clear Creek watershed.

Berumen moved to adopt the resolution and all were in favor.

Resolution 23-120, Approving an Intergovernmental Agreement with La Plata County for Providing Social Services Programs to the Residents of La Plata County– Janey Barker, Human Services Director

La Plata County’s Department of Human Services wishes to engage the services of Gilpin County’s Department of Human Services to provide some, but not all, of the social services and programs serving the residents of La Plata County.

Specifically, La Plata County is requesting Gilpin County’s assistance with processing SNAP (Supplemental Nutrition Assistance Program) and MA (Medical Assistance) applications, redeterminations, and changes. In the spirit of fostering positive intercounty relations, Gilpin County Department of Human Services would like to provide assistance as long as it does not disrupt providing services to Gilpin residents.

La Plata would pay Gilpin County for all hours involved, including overtime and benefits.

Hollingsworth moved to approve the agreement, not to exceed $30,000, which would expire on December 31, 2024. All were in favor.

Resolution 23-121, Awarding a Contract to CSHQA for Architect and Engineering Services for a New Food Pantry Facility – Ryan Keenan, Facilities Director

Hollingsworth pointed out that this building may also possibly be used for Human Services offices and Senior Services.

Keenan reported that, if contracted, there is a budget item for $100,000 that this resolution would be tied to. Mornis inquired as to the timeline of completion. Keenan responded optimistically that it may be finished within a year.

Mornis commented that she had voted against the request for proposal as she does not think it is in the best interests of Gilpin County.

Berumen moved to approve the resolution, Hollingsworth seconded. Motion passed 2-1.

The Board then recessed as the Board of County Commissioners and convened as the Gilpin County Board of Health.

Board of Health – Resolution 23- 123, Adopting the Gilpin County Community Health Improvement Plan – Alisa Witt, Public Health Coordinator

Alisa Witt explained that the Colorado Department of Public Health and Environment requires each county to submit a five-year plan to the State. Witt recommended that the future Public Health Coordinator perform a quarterly evaluation and update of the Plan.

Witt said there will be a few more edits concerning regional versus local data and a caveat about skewed data due to the COVID-19 pandemic.

Hollingsworth moved to approve the resolution with a quarterly review, and all were in favor.

The board then adjourned as the Board of Health and reconvened as the Board of Commissioners.

Resolution 23-105, Authorizing the Execution of Facility Use Agreement with Gilpin County 4-H – Sarah Baciak, Paralegal

The storage room shall be used by 4-H for storage of personal property and equipment.

The term of this Agreement shall commence on January 1, 2024, and expire on December 31, 2026. At the option of the County, the term may be extended for additional one-year terms. Notwithstanding the term hereof, 4-H shall remove all personal property and equipment placed in the storage room for the duration of the Gilpin County Fair.

Rent shall be one dollar ($1.00) per year.

With a few minor edits to the lease, Berumen moved to approve and all were in favor.

Resolution 23-116, Authorizing the Execution of Information Technology

Professional Service Agreement with Teryx, Inc. – Sarah Baciak, Paralegal

The issue is to contract with Teryx Inc. for six months starting on January 1, 2024, and ending June 30, 2024, for Information Technology Professional Services. After June, an RFP will be issued to see if there are other vendors interested.

Rears explained that this is an extension of a current contract until another vendor is found.

Hollingsworth moved to approve the resolution with one text correction and all were in favor.

Resolution 23-115, Amending the Master Policy & Procedure Manual: Public Records Request Policy, P-9; Community Garden Policy, P-10; Signature Stamp Policy, P-11; Website Policy, P-12 – Sam Bower, Administrative Analyst

This resolution amends the Master Policy & Procedure Manual to include four new policies. Two of these policies, the Public Records Request Policy and the Community Garden Policy, had been previously adopted.

This resolution includes new versions of those policies placed into the Master Policy & Procedure Manual template. The remaining two policies are brand new; this includes the Website Policy and the Signature Stamp Policy.

Mornis asked when the policies need to be implemented. Hollingsworth said there are talks to extend the deadline past June 30, 2024.

Berumen moved to adopt the resolution and all were in favor.

Resolution 23-118, Adopting a Schedule of Public Meetings for the

Board Of County Commissioners for 2024 – Lyndsey Denton, Deputy Clerk to the Board

Denton commented that the April 23 meeting had been moved to April 20. Rears mentioned that the schedule does not include work sessions or special meetings. The schedule is as follows:

2024 BoCC Meeting Schedule

(2nd & 4th Tuesdays of each month, unless otherwise indicated)

January 9

January 23

February 13

February 27

March 12

March 26

April 9

April 20

May 14

May 28

June 11

June 25

July 9

July 23

July 30 (CBOE)

August 13

August 27

September 10

September 24

October 8

October 22

November 12 NO MEETING

December 10

December 17

All were in favor.

Gilpin County Senior Living Contingent Ground Lease Agreement – Brad Benning, County Attorney

Benning revised the draft Senior Living Lease and would like Commissioners to review and provide any feedback. If the Board approves the draft agreement, the next step would be to have Senior Living’s attorney review the agreement and negotiate terms.

State Senator Jeanne Nicholson has been leading the project and the lease process.

Hollingsworth said she appreciated the clear benchmarks in the lease agreements. Mornis asked for clarification regarding water rights. She asked if the County can receive those water rights if Senior Living fails.

Benning responded that the County is an active partner in the project and can seek to attain the rights if need be. He imagines that Senior Living will secure financing for their goals.

Rears suggested moving the final draft to the Board on January 9, 2024.

Hollingsworth moved to place the resolution on the January 9 agenda to allow time for the parties to review it. All were in favor.

Benning delivered the County Attorney’s report. He mentioned working on the County Roads Report. Hollingsworth asked if it would be public and Benning responded in the affirmative.

Mornis asked about community access to a reservoir in Paradise Valley, and Benning said she could meet with property owners.

Rears delivered the County Manager’s Report. Childcare has been a priority and a stakeholder group has been created with a deadline of January 31 to come up with ideas.

A childcare survey is available and closes at the end of the month. It can be found on the Gilpin County Parks and Recreation Facebook page at https://www.facebook.com/gilpincounty.org/posts/361036006421892/.

During the Commissioners’ Report, Mornis said Commissioner Berumen was on Channel 7 News concerning Eagles’ Nest. The footage can be accessed on the Channel 7 News website.

Hollingsworth said some of the opioid funding has been approved through Gateway to the Rockies.

During public comment, a resident said that the childcare survey does not allow her to fill it out since she does not meet some of the requirements, and she would like to leave comments as a professional in the field. The commissioners responded that there are paper copies available.

Meeting recessed to Executive Session at 12:16 p.m.

The next regular meeting of the Gilpin County Board of County Commissioners is scheduled for December 19 at 9 a.m. and will be held in person at the Historic Courthouse located at 203 Eureka Street in Central City and online via Zoom.