The Gilpin County Commissioners (BoCC) called their regular meeting to order at 9 a.m. on Tuesday, April 9, 2024. In attendance were Commissioners Marie A. Mornis, Susan Berumen, and Sandy Hollingsworth; County Manager Ray Rears, Deputy Clerk Lyndsey Denton, and County Attorney Brad Benning.

Thirteen people signed up for public comment and the meeting hall hosted a full audience.

During public comment, Jessica Kays and several other residents spoke out against Resolution 24-54, Electioneering on County Owned Property Policy.

The policy was presented under the authority of Rears at the February 27 BoCC meeting. The resolution defines electioneering as “the posting, use, or distribution of political signs, clothing, literature, or other items, physical or digital, or the activity of persuading people, spoken or written, to vote for a particular party, candidate, issue, or ballot measure” in any County building without a temporary use permit.”

The full resolution can be found at https://gilpincounty. colorado.gov/sites/gilpincounty/ files/documents/02-27-2024%20 Regular%20Meeting% 20 Agenda%20Packet.pdf.

Kays said the resolution attacks the constitutional right to Freedom of Speech and the County government lacks a compelling interest in curtailing that fundamental right. She said enforcing a dress code on County property is absurd and blatantly unreasonable. She asked the Board to repeal the resolution in its entirety.

Lewis Weaver, Air Force veteran, asked the board to reconsider Resolution 24-54 since it violates the First Amendment.

Jane Sterling recommended that Resolution 24-54 be withdrawn and residents given a chance to vote on the matter. She said the resolution violates First Amendment rights in dictating what type of clothing or accessories a person can wear on County property.

Norma Jones said she feels Resolution 24-54 is a violation of her constitutional rights. She said she comes from a military family and she should be able to pull into the fairgrounds with certain stickers on her car.

Kathleen Balfour said that citizens should be allowed freedom of expression. She referred to a letter from a veteran about a dialogue between Eric Douglas and Donna Okray-Parman. The letter stressed that the First Amendment is not suspended at the gates of a government building.

Jack Vanson, veteran, asked the board to rescind Resolution 24-54 since it is a significant oppression of free speech rights. He said military personnel have sworn an oath to protect and defend the Constitution of the United States and the Bill of Rights. He stressed the importance of pursuing individual liberty and said the service of the 956 veterans who live in the county was to protect these rights.

Bruce Parman read a letter from a resident who was unable to attend, which said Resolution 24-54 is an abomination and an insult to any and all Americans. He added that he comes from a military family.

Donna Okray-Parman firmly requested the BoCC to rescind Resolution 24-54 before it becomes a bigger problem for the County. She said she has consulted with three attorneys and is giving notice to the Board that “we are prepared to seek a legal remedy to restore and preserve all of our constitutional rights in Gilpin County.” She said the resolution’s goal to limit the use of political signs, clothing, literature, etc., for the activity of persuading voting is absurd.

Brady Fowler, 24-year veteran, said that the oath he took does not have an end-date. He fears the slippery slope and dangerous ground in the thought process behind the resolution.

Regarding the other topic for discussion, Black Hawk’s offer to help fund Parks and Recreation, Eric Douglas responded to the nonnegotiable IGA offer from the City of Black Hawk to Gilpin County to provide one million dollars per year in funding for the Community Center. He does not believe the offer is in earnest since it names terms the County cannot possibly meet. His recommendation is to finish the negotiations as soon as possible.

Wes Isenhart commented, “If I had a million dollars to help my community, I would invest in early childcare services and our Community Wildfire Protection Plan (CWPP).” He said that the financing proposed for the Community Center from the City of Black Hawk has a lot of stipulations and political strings attached.

Phil Gibbs expressed his support for more negotiations with the City of Black Hawk since one million dollars per year is grossly inadequate relative to the attached conditions. He said the proposal would subordinate voters’ rights to determine future tax policy in exchange for an inadequate subsidy. He pleaded that the BoCC not sell voter rights.

Cecilia Wilson said that she does not wish to be ruled by the City of Black Hawk, who she said did not bother with an election this time around, and does not agree with their offer. She said she would like to be ruled by the commissioners she has elected.

No further public comment was made.

Proclamation for Child Abuse Awareness Month was presented by Janey Barker, Human Services Director.

Child/Adult Protective Services Manager Paige Sons approached the Board to read the proclamation, along with caseworkers Marie Cosby and Caitlan Mitchell. Sons asked the board to declare April as Child Abuse Awareness Month.

The proclamation recognizes April 2024 as Child Abuse Prevention Month in Gilpin County, Colorado, stressing the importance of supporting the well-being of children to prevent trauma and adverse childhood experiences. It emphasizes the significance of collaborative efforts among various sectors to provide resources, support systems, and prevention initiatives to ensure that all children and families remain healthy and thriving, emphasizing the importance of strengthening families as the most effective approach.

With no discussion, all were in favor of accepting the proclamation.

Proclamation for National County Government Month. Lyndsey Denton, Deputy Clerk to the Board, presented the proclamation, which acknowledges the essential role of counties in serving millions of Americans, providing diverse services from social welfare to law enforcement. It emphasizes the responsibility of county employees in ensuring the health, safety, and well-being of residents, declaring April 2024 as National County Government Month in Gilpin County, urging recognition and appreciation of County government employees and their contributions.

All were in favor.

Proclamation for Volunteer Week. Denton then presented another proclamation to the Board, acknowledging the significant impact of volunteerism in strengthening communities, and highlighting the diverse roles volunteers play in various organizations and departments within Gilpin County. It designates April 21-27, 2024, as National Volunteer Week, encouraging residents of all ages to participate in volunteer activities to empower both the giver and the recipient while recognizing the valuable contributions of volunteers.

Mornis asked why only one nonprofit, the Friends of the Community Center, would be listed in the fourth “Whereas” rather than all nonprofits in the county, and recommended removing it.

Hollingsworth disagreed and said they should leave the group in the declaration and said they could add another “Whereas” that would include all volunteers and nonprofits in the county.

Hollingsworth moved to approve the proclamation, Mornis seconded, and all were in favor.

Resolution 24-56, Approving Law Enforcement Academy Repayment Agreements. Sean Wheeler, Patrol Division Chief of the Gilpin County Sheriff’s Office, requested the BoCC to enter into and sign the Law Enforcement Academy Repayment Agreements for three Detention Officers.

The agreement stipulates that, should any of the Detention Officers terminate their employment within two years, they are obligated to reimburse the County for the cost of their training. The amount owed is reduced on a prorated share over the 24 months subsequent to the training.

Berumen said, “With this additional three [Detention Officers], this brings the program up to nine?” Wheeler responded in the affirmative, and added that there are also five applicants on the waiting list.

Mornis asked a few questions about the payback system. Wheeler responded. The agreement would carry a fiscal impact of $8,300 per agreement.

Without further discussion, the resolution was adopted unanimously.

Resolution 24-67, Adopting the New Position of Emergency Communications Dispatch Supervisor. Chanda Johnson, Human Resources Director, and Lyssa Gray, Emergency Communications Dispatch Director, addressed the commissioners on this resolution.

The Sheriff’s Office has completed a revision of the Emergency Communications Dispatch Supervisor job description. As a result, the Board’s final approval is requested in order to repost the position. The position was budgeted for in 2024.

The position would require overtime, given the demanding nature of a dispatch position, which may operate 365/24/7.

Hollingsworth moved to approve the resolution and all were in favor.

Parks & Recreation Youth Programs 2024 Progress Report was presented by Gabrielle Chisholm, Parks & Recreation Director and Jacob Rippy, Youth Programs Supervisor.

Chisholm said that grants are subsidizing most of the activities of the Eagles Teen Program, including the Substance Abuse Block Grant, but they are currently operating beyond staff capacity.

The Eagles Teen program is the only daily after school drop-in in the county for ages 12 through Grade 12. Chisholm shared some highlights with the Board about their activities, field trips, staffing, and funding.

She said expansion of the summer program is needed to meet the demand of Gilpin County residents. Additionally, the Recreation Generalist II position is still vacant.

She said there will be more discussion on available grants at the April 30 BoCC meeting.

There was some discussion on the LifeSkills programs and how they compare to the former D.A.R.E. program. Chisholm said the goal is to be proactive instead of reactive; youth are taught how to communicate and be kind to one another and to themselves.

Resolution 24-68, Authorizing the Submission and Acceptance of a Grant Application for the Childcare Stabilization Success Bonus 2024. This was also brought to the attention of the Board by Chisholm.

She noted that last year they received $13,000. This application is for providers who were approved for the Stimulus/Stabilization Grants in the past and are considered for a 2024 spring bonus. Gilpin County Parks & Recreation Youth Camps have received a total of approximately $66,720 in the past three years. After some discussion, Mornis moved to accept the resolution, Hollingsworth seconded, and all were in favor.

Rears asked if the grant would be used for staffing. Chisholm replied that it will mainly be used for materials.

County Technical Services, Inc. (CTSI) 5-Year Loss Analysis Presentation was brought to the commissioners by Dana Foley, Sr., Loss Control Representative for CTSI.

Foley said, as the County’s insurance provider, that claims related to vehicles are the most expensive, with 12 claims totaling $24k. He reported that Gilpin County’s claims management is doing well.

Hollingsworth said she is impressed with the training provided for County employees.

Mornis asked how much it would cost to insure a commercial kitchen, referring to the kitchen which will be built at the new Community Center Annex building. Foley said he would look into the matter.

County Attorney’s Report was presented by County Attorney Brad Benning.

Benning said he has been working with Gilpin County Public Works and CTSI on the Utility Truck damage estimate disputes and possible litigation.

Among other things, he has also been considering a new ordinance or revisions to an existing County Ordinance based on pending HB24-1371 requiring licensing of all massage business employees in the County and in cities if requested.

He said he has been working with County administration and hopes to explain to the public how the elections work and why they can do what they are doing with regard to electioneering on County-owned property.

Introduction to Gilpin County’s New Judge, Timothy Lane.

Lane, appointed last December by Governor Polis to Gilpin County Courts, said he is thrilled to be here and is thankful for the opportunity to introduce himself.

Lane is a Colorado native who grew up in Golden. He spent a lot of his legal career in the Jefferson County District Attorney’s Office and spent time in Gilpin in 2002 and 2003.

He said he has committed a lot of time to policy work, reform projects, and lobbying, working toward ensuring criminal laws are correctly written and effective.

Lane opined that he is pleased that not much has changed in the Gilpin County Courts in the past 20 years; and that he is excited to be back to work with individuals in the community.

Hollingsworth remarked on the small size of the jury pool. Lane pointed out that the population does not necessarily match up with the number of people in the pool. He is working on trying to get more court dates without imposing too much on the jury pool, which may mean calling fewer jurors in for each jury date.

County Manager’s Report. County Manager Ray Rears said there is a work session scheduled for April 15 at the Observatory, located at 19126 Highway 119, at 6 p.m. to discuss “all things Rollinsville” (Train, cistern/fire protection, parking, development, and infrastructure).

On April 16 there will be a regular work session at 9 a.m. at the Historic Courthouse to discuss:

• South Beaver Creek Road Improvement – Status

• Public Works Call Schedule / Plow Roadway Classification

• 2024 Budget Update / 2025 Budget Process Discussion

• Policies – Letters of Support and Contract Management

Also on April 16 at 5:30 p.m., there will be a tour of the Belvidere Theater in Central City to see the ongoing progress.

On Wednesday, May 8 at 6 p.m., there will be a town hall on Building Plan Review and Inspection Services at the Historic Courthouse. This is an opportunity to address concerns with the consultants.

Rears announced that the slash site is opening two weeks early.

He said County staff are waiting to hear about the proposal from the City of Black Hawk.

He added that the public comments given were very productive and he intends to clarify the electioneering policy, which he uniquely has the ability to approve. He has been working on a Q&A as to what the policy means and does not mean, but it has been delayed due to the recent emergency situation.

“Given the level of concern from the public, I think it’s best that I suspend the approval of the electioneering policy, since it was delegated to me, so I intend to suspend that publicly and will be releasing the electioneering Q&A and working through the specifics that are mentioned from public comment and input.”

He said they had no intention of enforcing the electioneering policy until more clarifying information is published, which he said will be forthcoming.

Rears asked for confirmation from the Board on whether they would like public participation during the April 15 work session. Hollingsworth said she understood the meeting to have community conversation.

Berumen said she understood the work session would be split into two sessions: one, as an informational work session; and two, a meeting for dialogue with interested citizens. She said that after the first meeting, interested parties can stay later to talk with the commissioners.

Public or Press Comment. Balfour said she is happy that the new judge has stepped up to be on the childcare board, gave thanks for the fair being held in July, and thanked them for opening slash two weeks early.

She said that the CTSI report contained constitutional violations. She asked about the IGA between Gilpin County and Nederland. She asked about conflicts of interest in those running for County Commissioner and the IT services from Jessica Kays.

Parman thanked Rears for his comments on the electioneering policy and asked them to remember the First Amendment right to wear or say anything as long as they are not hurting anyone or breaking any laws.

Board of County Commissioners Report and Notice of Public Meetings

Mornis shared that she had passed out a letter to the commissioners, Rears, and Benning, dated April 9, written by her, asking to rescind Resolution 24-54 at the next BoCC meeting on April 30. She said commissioners Hollingsworth and Mornis had recused themselves from voting on the issue since they both are up for re-election in 2024, and participation could mean a conflict of interest.

“It was my understanding that the vote taken was to transfer the implementation of the existing electioneering policy to County Manager Rears, not to approve any changes to the policy. The request to rescind is important because changing the policy during an election year raises the question whether there is any attempt to interfere in an election campaign process,” Mornis said. She requested the other commissioners rescind the resolution.

The commissioners spoke about recent meetings they have attended.

Hollingsworth responded to the public comments on the Black Hawk proposal. She said that anyone interested in what was presented can visit the County website or Facebook page. She said there were terms in the proposal that are not in their power to agree to. She said they are partnered with Black Hawk and Central City in other ways, such as the housing needs assessment and Public Health’s distribution of Narcan.

Berumen responded to Balfour’s comment regarding constitutional violations in the CTSI report. She said she is looking at a pool of information that did not relate to Gilpin County. She said that Black Hawk has been invited to the newly founded quarterly meetings with Central City, but has yet to attend.

Berumen reminded everyone of the upcoming meetings. Hollingsworth said Public Works needs funding for a culvert crew and asked if it can be added to a work session. Rears said he will speak to Public Works about some early budgeting.

The meeting adjourned at 12:07 p.m.

The next regular meeting of the Gilpin County Board of County Commissioners is scheduled for April 30, 2024, 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.