John Scarffe, Nederland. he Nederland Board of Trustees approved a deadline extension for Caribou Ridge during a regular on-line meeting at 7 p.m. on Tuesday, February 2, 2021. The Board also swore in the new Town Treasurer and agreed to dismiss a lawsuit against the Town.

Caribou Ridge Extension

Town Attorney Jennifer Madsen introduced a resolution to approve a second amendment for Caribou Ridge as an action item requiring a signature by the mayor, and the trustees needed to approve it.

In March 2018, the Board approved a Development Improvements Agreement with Cornerstone Homes Caribou Ridge, LLC., as the developer of the Caribou Ridge Planned Unit Development project at CR 128W and Ridge View Road, within the Town of Nederland, Boulder County, Colorado. The Developments Improvements Agreement established the obligation of the developer to construct and warrant the quality of public subdivision or development improvements, which were required as a condition of the approval of the project by the Town, according to the agenda information memorandum. 

The Development Improvements Agreement required that the developer complete improvements and maintenance items by January 31, 2019. The developer has not completed some of the Development Improvements Agreement, and now seeks an extension of time to complete the items. 

The developer sought and received extension to complete several items by December 31, 2020, and now seeks a second extension to install fencing around the water storage tank. At the end of 2019, the developer contacted the Town Staff regarding an extension of time of the Development Improvements Agreement because the developer had not completed the improvements by January 2019. 

The developer has explained that the improvements were started but not entirely completed by the deadlines because of limited funding for the subdivision due to sales inactivity and hardship. “Priority maintenance items such as fire mitigation and utilities repair maintenance took precedence,” according to the memo. 

The developer sought an extension to the Development Improvement Agreement in March 2020 and wanted an extension to complete a drinking water distribution system, a sanitary sewer collection system, a drinking water distribution system and install fencing around the water storage tank.

The developer has completed items one and two but requested additional time to complete item three and install fencing around the water storage tank. The agreement states that the Board of Trustees may agree to an extension of the construction schedule “due to unforeseeable cause or delay beyond the control and without the fault or negligence of the developer and specifies that delays beyond the control of the developer include “fires, floods, epidemics, abnormal weather conditions, strikes, freight embargoes or acts of God.” 

The developer seeks an extension on the deadline for the completion of the fence installation around the water storage tank improvements and represents that the fence improvements were initiated but not entirely completed due to material shortages and subcontractor unavailability created by the Covid-19 pandemic. 

The developer agreed to provide an update by June 30, 2021, regarding the status of the fence installation, and have that installation completed by September 30, 2021. The Town Administrator may reject the updates and may proceed with the task of completion of the improvements using the security pledged by the developer to complete the improvements. 

A developer representative said they were able to get most of the work done but had delays with material shortages on the fences that caused the delays.

After Mayor Pro-Tem Jonathan Baumhover recused himself as a subcontractor on the project, the Board approved the second amendment.

New Town Treasurer

Mayor Kristopher Larsen conducted the ceremony to swear in Town Treasurer Rita Six.

Town Administrator Karen Gerrity said it is a pleasure to do this tonight. 

Six started as treasurer in August and retired as accountant to take on the position of Town Treasurer. She has proven herself to be capable, and it is a delight to work with her. 

Rita Six became the Town’s Accountant effective August 10, 2020. After on-the-job training as the Town Accountant for six months, the intention was for her to transition into the Town Treasurer position, according to the memo. 

“This is the same track that our former Town Treasurer Jen Hagey took when she accepted the position four and a half years ago,” Rita has more than 25 years of accounting experience and lives in the Peak to Peak region. 

“She has worked with CPAs and CEOs handling financial reporting, accounts payable and receivable, payroll, benefits, filing tax returns and audit preparations. One of her former bosses said she was the best employee she ever had and that she relied heavily on Rita in all financial and administrative matters.” 

For the past six months, Rita has worked closely with the Town Administrator and department heads to develop the 2021 draft Budget documents, and she attended all the Board of Trustees work sessions, public meetings and the hearing for the adoption of the 2021 Budget.

Six is now working on the Budget Book which will be posted on the Colorado Department of Revenue’s website by the due of January 31 2021. She will share this document with the Trustees once it is submitted. 

Mayor Larsen and the Trustees thanked her for her work, and she was sworn in as the new treasurer. Six said: “I’m pretty excited to get this far, and I look forward to what’s coming next.”

Stinton Some R Home, LLC, et al. v. Town of Nederland

The Board approved dismissal without prejudice regarding ongoing litigation with Stinton Some R Home, LLC, et al. v. Town of Nederland. An area in Old Town on south Johnson street was identified as right of way, but the plaintiff has taken the position they are the property owners of south Johnson street. 

The Town said they own it and agreed to dismissal, which is not an admission of guilt. The Board moved it from a discussion item to an action item and agreed to dismissal without prejudice and directed the attorney to sign the paperwork.

The next meeting of the Nederland Board of Trustees will be on February 16, 2021. For more information, go to https://nederlandco.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=298.

(Originally published in the February 4, 2021, edition of The Mountain-Ear.)