John Scarffe, Nederland. The Nederland Board of Trustees approved two emergency ordinances that will allow businesses to reopen and expand to increase social distancing during a virtual, online meeting on Tuesday, June 2, 2020, at 7 p.m. The board also approved two grants to fund a fast charger station for electric vehicles at the Nederland Visitors’ Center.

Town Attorney Jennifer Madsen presented the two emergency ordinances, which must be approved by six of the seven members of the board. Ordinance 809 delegates authority to Town Clerk Miranda Fisher to approve temporary modifications of liquor licensed premises and grant temporary use permits and temporary license agreements. If approved, the ordinance is effective immediately. 

On March 15, 2020, Mayor Kristopher Larsen, as principal executive officer of the town, declared a local disaster, and the board consented to the declaration and proclamation. The town’s emergency declaration regarding COVID-19 is ongoing, according to the agenda information memorandum. 

On May 15, 2020, due to public health concerns raised by the presence of COVID-19 in the state, the Liquor Enforcement Division for the State of Colorado issued an emergency regulation establishing procedures for a licensee seeking to temporarily modify the licensed premises, including into outdoor areas contiguous or adjacent to the existing licensed premises. Per the Governor’s Executive Order and the Colorado Health Department Order on May 27, 2020, restaurants may open to provide outdoor and indoor dine-in service to customers. Outdoor dine-in service is preferred, according to the memo.

Many restaurants in Nederland have requested to expand dine-in service to patio areas or expand existing patio areas to comply with the orders. Currently, the procedure to allow for outdoor expansion of patios would require approval of a temporary modification of liquor licensed premises based on the physical space for liquor service, a special review use for outdoor sales, eating and drinking or other outdoor commercial activities. This is reviewed by the Planning Commission and then by the Board of Trustees, which has the final authority to approve the outdoor uses. 

This process for approvals can take one month to several months to approve and finalize, according to the memo. “To facilitate the business needs during periods of mandated social distancing, the board desires to authorize administrative review and approval of the licenses and permits to expediate the process for approval,” according to the memo. 

On May 21, 2020, Mayor Larsen issued an emergency declaration delegating authority to town staff to approve applications for temporary expansion of patios and modification of premises. The board must ratify and approve Mayor Larsen’s declaration. 

Draft Ordinance 809 provides that ratification and approval and delegates the board authority to Miranda Fisher, as the town clerk and deputy town administrator, to process and complete these approvals. The delegation, which expires once the emergency has ended, is to approve only temporary permits and uses.

Larsen said the declaration came about with town staff and Mayor Pro-Tem Jonathon Baumhover. He wanted to be sure the restaurants had a couple of weeks to get ready to open. 

Madsen said that 120 days is the initial time frame, which mirrors what the state did. The state said they will consider extensions, and if the state extends that, so that would the town. 

The board unanimously approved Ordinance 809, and then acted as the Liquor License Authority for immediate approval of temporary modification of premises during the COVID-19 emergency. Madsen said this is tied to issues regarding the modification of liquor license premises and a temporary modification to outdoor seating areas. 

Businesses and restaurants want to act quickly to get back open, so the concern is that the state would be inundated with applications. This will allow restaurants to expand and not wait for the state’s approval. 

The resolution provides that once the town clerk approves an application for a temporary modification of premises, all licensees within the town may initiate the modification pending the approval of the State of Colorado Liquor Enforcement Division. The town will not direct any law enforcement agency to investigate or prosecute any such establishment that has received town approval but is awaiting state approval. 

As part of this expansion process, the restaurants will need to submit a request for modification of the licensed premise to serve liquor. These applications are submitted to the town and the Liquor Enforcement Division of the Department of Revenue for processing.

Garrett McDaniel, sustainability coordinator with the Nederland Sustainable Advisory Board (SAB) requested approval in pursuing two grants to fund a Direct Current Fast Charger (DCFC) station for electric vehicles (EV) at the Nederland Visitor Center. As part of the Transportation Improvement Plan (TIP), the DCFC station will be installed at the Nederland Visitors’ Center and accessible to the public. 

The DCFC will provide charging speeds at 50-100 KW, which will be able to charge 80 percent of an electric vehicle’s battery in 20 to 30 minutes, according to the memo. The DCFC will be compatible with any electric vehicle. 

Currently, Nederland only has one public electric vehicle charging station located in the middle of the parking lot at the Visitor Center. “This project will move the existing station to the perimeter of the parking lot, next to the DCFC station, making it easier for EV drivers to find and access the station,” according to the memo. 

The existing station will be rewired from the Nederland Visitor Center building and will be connected to the new DCFC infrastructure. The town intends to pursue two grants to help fund the DCFC. 

Using funds from the Charge Ahead Colorado grant, the town will work with a local installer to install the DCFC station. Using funds from the Xcel EV Infrastructure Grant, the necessary infrastructure will be constructed to service the DCFC. 

Xcel Energy will install, own and maintain the EV charging infrastructure up to the charging station. The EV supply infrastructure provided by Xcel Energy includes new service panels, conduit and wiring up to the charger stub, according to the memo. 

A new transformer will likely be needed to support the required EV infrastructure and is not eligible for the Xcel EV Infrastructure grant. Xcel has stated that the transformer should not be a significant cost due to the credit Xcel offers as part of their standard new building process.

At this time, the town does not have an estimated cost for a new transformer because it will be determined as part of the Preliminary Infrastructure Design, which would occur after the Xcel EV Infrastructure grant is awarded. The benefits of installing a DCFC at the Nederland Visitor Center include increasing infrastructure in the Denver region to enable greater adoption of electric vehicles, reducing harmful air pollution and greenhouse gas emissions and increasing visitors to the Nederland downtown area. 

SAB has reviewed the TIP project and supports installing additional electric vehicle charging stations at the Visitor Center. For the Charge Ahead Colorado Grant, the town will apply for a $50,000 grant eligible for a 100kw DCFC. If the town is not awarded the $50,000, they will apply for the $30,000 grant eligible for a 62.5kw DCFC. 

A 20 percent match is required, which will come from the TIP funded by the Denver Regional Council of Governments (DRCOG) and has already been awarded to Nederland. The Charge Ahead Colorado Application is due on June 25, 2020. The Xcel EV Infrastructure Application is due in mid-July. 

Xcel awards grantees starting in mid-July 2020. Charge Ahead Colorado grant funding will remain available for about six months with a possible extension of up to three months. The DCFC installation is part of a larger TIP project. 

The EV chargers would be installed this year, while the remainder of the TIP project is still in the design phase. Customer pricing will be determined before submitting the Charge Ahead Colorado application. At this time, no fee structure has been determined.

Public Works Manager Chris Pelletier said the first grant covers equipment and installation, and the second would equip the station, which supports sustainability goals and economic benefits and would bring traffic to the Visitor Center. They will be relying on DRCOG to match the 20 percent and any additional costs. 

Trustee Alan Apt said this has been endorsed by SAB and the town and the state agree. The town has people who own electric vehicles, and he spoke to people today who would like the stations and would pay for them. 

“I think it’s something we’re trying to get, and I think it’s a great investment, making the town more walkable, bikeable and people charging their electric cars,” Apt said. Trustee Eric Coombs Esmail said he agrees, but this is not necessarily where he would like to see staff time spent. The board passed approval for the two grants, with Esmail voting against it. 

Norrie Boyd, Housing Division director, and Valerie Edmonds, with Boulder County Housing Authority Property Management, presented updates on the Tungsten Village, 333 Highway 72. The building offers 26 affordable homes with one to three bedrooms. It is right across from the transit center and residents will have an Ecopass to help with transportation costs. 

In January 2020, they put on the roof, and now in June they are working on the interior and site work into July with completion in early August 2020. They have been able to accept applications virtually, and so far, they have received many applications. The wait list began on June 3, 2020. Service animals are welcome. Visit www.TungstenVillage.org to access the application and view answers to frequently asked questions.

(Originally published in the June 11, 2020, print edition of The Mountain-Ear.)