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

Mornis recused herself from a public liquor license hearing, since she is an officer of the organization requesting the temporary liquor license, though both Benning and Hollingsworth said it was not necessary.

The Public and Press Comment dwelt almost exclusively on the issue as to which local paper was to become the newspaper of record for the County. Jim Crawford spoke to the history of the Weekly Register Call (WRC) He said though mistakes were made in the past, he would like not to read two papers every week, and would like to see the WRC as the County’s only newspaper of record.

Donna Okray-Parman also commented on the newspaper of record, giving both papers compliments. She said that The Mountain-Ear seems to cover more of the north part of Gilpin County according to her research. She said she wished the people of the community had more input into the decision of the newspaper of record. She also asked the commissioners to comply with ADA concerning their entrances and parking, and that she and others have had trouble accessing the building due to the stairs and lack of parking.

Phil Gibbs also addressed the issue of the newspaper of record, pointing out that the WRC has had repeated errors in addition to a higher cost than The Mountain-Ear. He asked that the WRC review its business practices, both in terms of operations and expense.

Bob Sweeney of Parker introduced himself as the custodian of the WRC. He said that to be a newspaper in the county you have to have a license in the county. He asked that Barb Hardt present her postal permit in Gilpin County. He said the Board is ignoring the law and their decision to choose The Mountain- Ear goes against statute. He asked the Board not to hide their expenses and be transparent to the taxpayers.

Eric Douglas noted that the editor and most of the staff of The Mountain-Ear actually live in Gilpin County, unlike the WRC staff. He said that because of incompetence, empty legal threats, and personal insults issued from the WRC, he recommends The Mountain-Ear as the paper of record.

Barbara Hardt, Managing Editor of The Mountain-Ear, read from her letter to the commissioners: she said that although their pricing is lower than WRC’s, it comes down to services provided to Gilpin County. The Mountain-Ear has three offices, two in Gilpin and one in Nederland. She said the law considers The Mountain-Ear published in Gilpin County as well as Boulder County under 24-7-101 C.R.S., and The Mountain-Ear remains locally owned and operated since October of 1977. Fourteen of their paid contributors live in Gilpin County and she respectfully asked that Gilpin County keep The Mountain-Ear as the paper of record since they meet all the qualifications.

Public comment was closed at 9:21 a.m. after which the Board heard the next item on the agenda.

Resolution 24-01, Adopting the List of Official Appointments for 2024 – Ray Rears, County Manager

Rears explained the given chart and how it delineated who was appointed in the previous year and who is recommended for appointment in the current year. He said the Board can make whatever changes they like and the suggested appointments were only made to streamline the process.

Mornis noted that she has been reminded several times that there is no special power or authority as the chair of the board and that she believes every commissioner should have the opportunity of chairmanship. She recommended Berumen as the next chair.

Hollingsworth thanked Mornis for her work as the chair and co-nominated Berumen. There was some discussion as to when the office and seat of the chair are physically changed. Mornis seconded the motion to nominate Berumen as chair and the motion passed 3-0.

Taking the chair, Berumen thanked Mornis and Hollingsworth for their hard work and then opened the floor for nomination of Chair Pro-tem. Mornis nominated herself, Hollingsworth seconded, and all were in favor.

Rears presented the two requests to be the newspaper of record. He said The Mountain-Ear as the current newspaper of record has received no negative comments in 2023. He said the staff recommendation is to continue with The Mountain-Ear, and though cost savings is an incentive, it should not be the only determining factor.

He passed the floor to Benning to address any legal questions as to The Mountain-Ear’s eligibility to serve as the paper of record. Benning noted that the law has not changed. He said that the definition of a legal newspaper of record means maintaining an office in the county to gather news, sell advertising, or to conduct general business in addition to consecutively publishing papers each week. He said that the County has looked into many factors as to which paper should be the paper of the record, and both qualify. He said that this is a business decision.

Hollingsworth said that there were three reasons why she chose The Mountain-Ear last year. She cited WRC errors that delayed public hearings, government-submitted materials that were rewritten, and feedback from staff that working with two papers was challenging. Finally, she mentioned the cost difference, with the WRC’s cost being nearly four times the cost of The Mountain-Ear that year. She said the same reasons still exist to support The Mountain-Ear.

Hollingsworth said she appreciated the WRC but that it seems to report more in Clear Creek County.

Mornis cited that the WRC is the paper of record for the two municipalities in the county and that the County should support the WRC because of its historical importance.

Berumen cited staff comments on working with each paper, stating that The Mountain-Ear was easier to work with, easily corrected any mistakes, and that the budget was easier to keep in line.

Hollingsworth acknowledged WRC as a historical entity and that staff are welcome to put ads or articles in that paper and often do.

Hollingsworth moved to approve The Mountain-Ear as the official newspaper of record for Gilpin County and that it does meet statute. Berumen seconded the motion after hearing no second. Mornis voted nay. Motion passed two to one.

The appointments were accepted as edited, with Sheriff Armstrong filling in as the Emergency Manager. Mornis then read the official appointments and moved to accept them.

Hollingsworth seconded, and all were in favor of Resolution 24-01.

Proclamation for National Radon Action Month – Alisa Witt, Public Health Director

Witt reported that the EPA and the US Federal Government have proclaimed January as National Radon Action Month. The purpose here is to highlight to the public the importance of testing their home for radon and to get their home mitigated if necessary. Radon is the second-leading cause of lung cancer deaths in the United States and can only be detected through testing. Roughly sixty percent of Gilpin homes have tested above the recommended levels since 2005.

Hollingsworth moved to accept the Proclamation, Mornis seconded, and all were in favor. Witt mentioned that free radon test kits can be mailed to residents through a website that is listed as a QR code in an ad in The Mountain-Ear. Kits can also be picked up at the Public Health Office, the Gilpin Library, or the CSU Extension Office.

New Employee Introductions – Chanda Johnson, Human Resources Director

Johnson announced Alisa Witt as the new official Public Health Director. A new employee to Solid Waste was also introduced.

Resolution 24-17, Adopting the List of Committee & Board Appointments for 2024 – Samuel Bower, Administrative Analyst

TheBoard discussed the various appointments of government officials to certain committees and boards, such as Colorado County Incorporated (CCI) and Counties and Commissioners Acting Together (CCAT). Berumen asked if the commissioners had suggestions and the commissioners decided on the best appointments.

Hollingsworth moved to accept the resolution as discussed and the motion passed unanimously.

The Board then recessed as the Board of County Commissioners and convened as the Local Liquor Licensing Authority.

PUBLIC HEARING - Local Liquor Licensing Authority (LLLA) Approving a Special Event Liquor Permit for the Gilpin County Republican Central Committee – Sahari McCormick, Clerk & Recorder

Mornis excused herself from the hearing. The public hearing opened at 10:20 a.m. Staff recommended approval of the permit for the event to be held on February 10. There was no public comment. Hollingsworth asked if only beer would be served and the applicant replied in the affirmative. Motion passed 2-0. Public hearing was closed at 10:23 a.m.

Local Liquor Licensing Authority (LLLA) Approving a Liquor License Renewal for Z Stop Gas Station – Sahari McCormick, Clerk & Recorder

McCormick recommended approval for the license. Mornis moved to approve, Hollingsworth seconded, and all were in favor.

The Board adjourned as the Local Liquor Licensing Authority and reconvened as the Board of County Commissioners.

Clear Creek Economic Development Council (CCEDC) Updates and Rural Resilience Event Discussion – Lindsey Valdez, President CCEDC

Valdez was absent but Rears filled in. He explained that this event will be an opportunity for the County to have a voice in local economic development strategy and the opportunity for grants. The CCEDC is hosting a rural resilience mixer and leadership breakfast on February 8 and 9. Event presentations and discussions will include Gilpin County.

Hollingsworth plans to attend February 9. Berumen plans to attend on February 8.

Resolution 24-07, Authorizing the Gilpin County Sheriff to Submit a Grant Application to the Colorado Department of Homeland Security and Emergency Management for the Emergency Management Performance Grant-Local Emergency Management Support Program, and a Commitment to Accept Funds if Awarded by the Same – Sheriff Kevin Armstrong

Armstrong sought approval and needed a signature from the Chair to accept grant funding from Colorado Department of Homeland Security and Emergency Management (DHSEM) upon approval of the grant application. The grant can be used to offset personnel costs. The grant has been ongoing and Armstrong will prioritize local hires.

Rears suggested the board amend the figure of $30,602 to $55,000 and not to exceed a total fifty percent match of $110,000.

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

Resolution 24-18, Authorizing the Gilpin County Sheriff to Submit a Grant Application to the Colorado Department of Local Affairs for the Peace Officer Behavioral Health Support and Community Partnership Program, and a Commitment to Accept Funds if Awarded by the Same – Sheriff Kevin Armstrong

There was little discussion and the motion passed unanimously.

Resolution 24-06, Accepting the American Rescue Plan Act 6.1, State and Local Federal Recovery Funds Grant for Gilpin County Public Health Core Services – Alisa Witt, Public Health Director

The award stands to compensate for a shortfall in the general task order. She said that the funds are not restricted as long as they are used for Public Health.

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

Resolution 24-05, Awarding a Contract for a Medical Director for Gilpin County Public Health – Alisa Witt, Public Health Director

Witt said state statute requires that if the Director of Public Health is not a physician then a physician must be appointed as Medical Director. The purpose of this role is to advise the Director on public health issues from a clinical perspective. She said she has several candidates and has spoken to Dr. Mark Johnson who is somewhat retired but has agreed to fill in until a permanent medical director is found.

Rears said the Board would need to amend a line item in the budget not to exceed $8,000 per year for payment to the Medical Director in place. Hollingsworth asked what if Dr. Johnson has to serve for longer than the 1 to 3 months as projected and Witt assured her she would have a plan to allocate more funds.

Mornis moved to accept, Hollingsworth seconded, and all were in favor.

Resolution 24-08, Accepting the Department of Local Affairs (DOLA) Limiting Gaming Impact Funds – Joe Allaire, Finance Director

Allaire said the grant funds are available to county governments to help with the negative impacts of gaming, like gambling addiction and law enforcement costs. He said it is easy for Gilpin to document these negative impacts.

Hollingsworth moved to adopt the resolution in the amount of $2,233,783.30. Mornis seconded and all were in favor.

Resolution 24-09, Approving the Annual List of Take Home Vehicles for On-Call Employees and Positions– Joe Allaire, Finance Director

Per the employee handbook, pages 22-23, the Board of County Commissioners is required to annually review the employees and positions designated as being on-call and who, as a result, commutes in a County vehicle to/from home on a regular basis. An on-call employee is required to be available when contacted and is required to be called in to safely provide an urgent, professional service at a specific incident within 60 minutes or less, while not formally on duty.

Mornis moved to adopt the resolution with an intention of having a work session later this year. All were in favor.

Resolution 24-10, Appointing a Trustee to the Board of Trustees of the Gilpin County Public Library District – Michael Carlson, Library Director

Carlson asked the Board to approve the Library Board’s recommendation to reappoint Harv Mastalir to a new 5-year term.

All were in favor.

Resolution 24-11, Amending the Memorandum of Understanding with the Colorado Department of Early Childhood (CDEC) for the Colorado Child Care Assistance Program – Janey Barker, Human Resources Director

Barker was absent but David Josselyn spoke on the matter saying that this MOU must be re-affirmed annually. He said each county gets an allocation of money to help low-income families pay their childcare needs. He emphasized that these funds are not limited to childcare within Gilpin County but to help residents with childcare costs wherever they can find child care.

Mornis moved to approve the resolution. All were in favor.

Resolution 24-12, Approving the Highway Users Tax Fund (HUTF) Annual Certification Report for 2023 – John Combs, Public Works Director & Craig Connell, Right-of-Way Specialist

Hollingsworth said that she noticed the fund has increased significantly since she has been on the Board and that she is appreciative of any funding to offset the costs for roads.

Hollingsworth moved to approve and all were in favor.

Resolution 24-13, Canceling Taxes Determined to be Uncollectible – Mary Lorenz, Treasurer

Lorenz said there were two taxes that were not collectible. The property owners could not be reached.

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

Resolution 24-15, Authorizing the Execution of Agreement for Consulting Services with R. Jortberg Associates, LLC – April Nielsen, Assessor

Nielsen requested to approve the agreement for consulting services in the amount of $43,921.20 for one year of service.

Hollingsworth moved to approve and all were in favor.

Resolution 24-14, Appointing a Member to the Gilpin County Planning Commission – Rob Gutierrez, Community Development Director

Advertisement for a vacancy on the Gilpin County Planning Commission was conducted throughout October 2023 by Community Development staff. The Commission is recommending Sean Dow for appointment to the vacancy. In addition, the Commission is recommending re-appointment of three current members: Won Cho, Rea Wrobel Orthner, and Roxy Goss.

Hollingsworth said she was fine with the recommendation. Mornis moved to approve the resolution. All were in favor.

Resolution 24-04, Appointing a Voting Member to the Gilpin Advertising Panel (GAP) – Lyndsey Denton, Deputy Clerk to the Board / GAP Secretary

Denton presented the resolution as the GAP Secretary. The BoCC needs to appoint a member to a three-year term. The current member, John Bryan, has submitted his letter of interest to serve the GAP for another three years, term ending January 2027.

Hollingsworth moved to approve the resolution, specifically re-appointing John Bryan. All were in favor.

Colorado State Registrar of Historic Properties Designation for Russell Gulch Cemetery Discussion – James Shrout, Historic Preservation Liaison

Russell Gulch Cemetery will be considered by the Colorado Historic Preservation Review Board for nomination to the Colorado State Register of Historic Places on January 19, and Shrout asked for a letter of support from the BoCC.

The commissioners were all in agreement to submit a letter of support.

Resolution 24-02, Authorizing the Execution of Contingent Ground Lease Agreement with Gilpin County Senior Living – Brad Benning, County Attorney

Senator Jeanne Nicholson spoke about the offered lease and said their attorney and board will review it.

Mornis said things could change over a hundred years and did not want to restrict the lease terms to exclusively “senior living.” Benning assured her that the property can be used for other purposes dependent on the lease.

Mornis also noted that with the possibility of legal euthanasia for seniors that statistics could change for demand in the future.

Nicholson shared that many of the seniors in the area are very hardy and would not look to ending their own lives.

Hollingsworth moved to approve and motion was adopted 3-0.

Resolution 24-03, Imposing a Temporary Stay on the Processing of 1041 Permit Applications – Brad Benning, County Attorney

Mornis shared that she believes the County would have had more say in development in Central City if they had 1041 applications. Benning recommended a six-month stay.

Resolution was adopted 3-0.

Resolution 24-16, Awarding a Contract for Outside Legal Counsel for 1041 Regulations – Brad Benning, County Attorney

Benning recommended consultants who specialize in 1041 areas. All were in favor.

Rears said a special meeting is needed next Tuesday because they had to wait on the other taxing districts to set their mill levy, among other things.

The Board of County Commissioners Report and Notice of Public Meetings included dates for the next regular meeting and a special meeting on Tuesday, January 16 at 9 a.m.

Most County offices will be closed Monday, January 15, for Martin Luther King Jr. Day.

During Public Comment, Barbara Hardt thanked the board for putting their faith in The Mountain-Ear again.

Donna Okray-Parman thanked Mornis for her service on the board and congratulated Berumen on her chair appointment. She brought up the lack of parking and how she was currently illegally parked due to lack of access. Rears replied that if any accommodation is needed, to give the clerk 24 hours notice so they can provide it, as the Agenda points out.

Public comment was closed and Hollingsworth moved to adjourn the meeting into Executive Session. All were in favor and the meeting adjourned at 1:08 p.m.

The next regular meeting of the Gilpin County Board of County Commissioners is scheduled for January 23, 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.