The Nederland Board of Trustees met on Tuesday, July 19, 2022, at 7 p.m. to hear a research study from CU Boulder students on the actions required to make Nederland a wildfire resilient community. The BOT were also presented with a CSU student’s dissertation studying the impacts of the COVID-19 pandemic on mountain communities.

The BOT approved many items on their Consent Agenda, such as a Boulder County Intergovernmental Agreement to allow Nederland control of the ballot box outside the Nederland Community Center from July 11, 2022, to August 31, 2022.

A construction agreement between the Town of Nederland and Edge Construction was brought before the BOT for final approval, having been signed by Mayor Pro Tem Tom Mahowald on Tuesday, July 14, 2022, so that work on the Big Springs Parking Project could begin quickly the week of July 18.

The Big Springs Parking Project involves raising a parking lot and adding a concrete retaining wall at the Black Forest building. Sidewalks and paved entrances to the building will also be created, tying into the walkway at the corner of Bridge Street. Parallel and perpendicular parking will also be added. A new storm pipe to run down the north side of Big Springs Drive will also be implemented to alleviate drainage issues that occur in the Village Shopping Center parking lot.

The BOT approved the construction agreement with Edge Construction.

The Town applied for and received $12,000 from the 2022 Boulder County Economic Vitality Grant to be used to support local businesses financially impacted by COVID-19. A contract with Boulder County must first be signed and approved in order for the BOT and Nederland Downtown Development Authority to begin working together to create a program through which to disperse the grant funds to businesses that apply.

The BOT approved the contract. Town staff are planning to develop and implement the program for the beginning of August, 2022, with a 30-day application process leading to the funding being awarded in September, 2022.

Principal Scientist and Owner of Alpine Environmental Consultants Ashley Bembenek has provided Nederland with a proposed Scope of Work for creating two maps necessary for drafting a watershed protection ordinance. The BOT approved Bembenek and Alpine Environmental Consultants moving forward with the job, a proposed 15 hours of work at an hourly rate of $125.

Sarah Jensen, Ellie Prain, and Kirin Riddell of CU Boulder are conducting a research study in collaboration with the Boulder Watershed Collective to update our Community Wildfire Protection Plan and identify action needed to turn Nederland into a wildfire resilient community. Jensen, Prain, and Riddell presented to the BOT information and progress on their research study. They also extended an invitation to Trustees to participate in their interviewing process.

The CU graduate students in the Masters of the Environment program are focused on community engagement and have so far conducted more than 15 semi-structured hour-and-a-half long interviews with community members and decision makers in Nederland. Prain noted that they had noticed common themes within five interviews and that Nederland residents were both aware of wildfire risk as well as ready to provide ideas towards actionable legislation for wildfire resilience. Jensen, Prain, and Riddell are also hosting community events and workshops in August to continue their community outreach.

Mayor Pro Tem Mahowald scheduled himself for an interview and suggested Jensen, Prain, and Riddell interview Big Springs residents for additional insight on the struggles involved in Nederland becoming a fully wildfire resilient community.

For more information on the study and how to participate, email Principal Investigator Ellie Prain at Elizabeth. Prain@colorado.edu, or Co-Principal Investigators Sarah Jensen and Kirin Riddell at Sarah.Jensen-1@colorado.edu and Kirin.Riddell@colorado.edu.

Colorado State University PhD candidate Julia Branstrator presented to the BOT her dissertation for the PhD program “Embodying Changes Through COVID-19: Exploring Western Gateway Resident Identities.” Branstrator wishes to explore the impact of the COVID-19 outbreak and pandemic on “intermountain western gateway communities” through the lenses of identity, creative expression, and technology use by conducting in-depth one-on-one interviews with residents.

Branstrator holds a Masters in Sustainable Technology and Innovation, an undergraduate degree in Hotels and Tourism Management, and is seeking her PhD in Human Dimensions of Natural Resources. She has conducted 38 casual one- to three-hour conversations with Nederland residents so far, ranging from artists to families, newcomers, and long- timers.

Branstrator’s study is not to prove a hypothesis but rather to analyze the social and environmental impact that local and national emergencies have on tourism- based economies and the surrounding community, with a focus on sustainability, technology, and the human condition.

For more information on the dissertation and how to participate you can email Branstrator at julia.branstrator@colostate.edu.

Marshal Jennifer Fine-Loven addressed the BOT about the current status of the Nederland Police Department (NPD). The NPD has suffered several officer resignations due to low salaries, lack of housing in the area, and extreme overtime hours as a result of a diminished force.

Beginning July 20, 2022 Marshal Fine- Loven will be the only full-time officer on the NPD. Officer Terrance Carroll currently works one shift a week and requires 12 to 16 weeks of training before being qualified to patrol solo. There are currently no qualified candidates in the hiring process, which Marshal Fine- Loven attributes to low salaries, which is partly to blame for NPD’s problem with officer retention.

Currently, the Boulder County Sheriff Office (BCSO) has filled three “extra duty requests” out of 18 that NPD had posted on June 23, 2022; the three shifts were only filled when offered at a double-time pay rate. As of July 13 the number of BCSO- covered shifts has jumped to 13, costing between $13,536 and $18,591. BCSO Officers covering a shift in Nederland are doing so in their free time.

Considering the costs of having BCSO fill shifts, and the fact that bad retention costs the department money since it takes four to five years to “break even” on the expense of training and equipping a new officer, Marshal Fine-Loven laid out two options. The BOT and the Town of Nederland could increase NPD’s budget enough to raise salaries, hire, train, and outfit six new officers, and provide updated equipment, vehicles, and potentially a new building. The second option would be for the Town of Nederland to contract out to BCSO to provide one full-time Sergeant and two Deputies, along with their more reliable vehicles and equipment.

Marshal Fine-Loven expressed a desire for the BOT and the Town of Nederland to support the NPD, citing quicker response times and a working knowledge of the community as benefits to doing so. Marshal Fine-Loven also presented the many positives to contracting with BCSO, such as the cost savings, and assured a smooth transition if the Town decides to go with that option.

The BOT heard from several members of the community, with most voicing their support for the NPD and for Fine-Loven, providing examples of their empathetic treatment of the homeless and of those with mental health complications. The BOT will continue to hear from the community and will discuss this matter further in future meetings.

Town Attorney Jennifer Madsen presented to the BOT a discussion about Nederland pursuing additional revenue sources such as instituting new taxes and raising existing taxes. Proposed tax increases must be submitted to the voters of Nederland for approval, as required by the Colorado Taxpayers Bill of Rights (TABOR).

Madsen provided many options for possible revenue sources, including increasing the Town’s 4% sales tax, instituting a Town marijuana tax, instituting an occupational tax for conducting business in Nederland, increasing the property tax, and increasing the occupational tax on short-term rentals. These options were proposed to the BOT for them to consider whether Town Staff should research any of the options further; no action was taken by the BOT.

If the proposed tax increases were to be approved by the BOT at a later meeting, the Town Clerk would have until July 29 to provide notice of Nederland’s participation in a coordinated election. The BOT would then have to approve the ballot language at their scheduled meeting on Tuesday, August 16, and the designated election official would have until September 9 to certify the ballot order and content for the November 2022 election.

Trustee Eric Coombs-Esmail desired that future BOT work sessions postpone the planned discussion about Annexation and instead be centered on this issue. The BOT urged Madsen and Town Accountant Rita Six to look into all options for proposed tax increases and provide the numbers showing the financial benefit for each percentage of increase.

The BOT wishes to hear more public engagement on this issue before moving forward and will further discuss the matter of raising or instituting taxes, and including the language on the November ballot, at their scheduled meetings on August 2 and August 16.

Town Administrator Miranda Fisher led the BOT in a discussion concerning how the Town of Nederland should utilize $192,659 from a second round of American Rescue Plan Act (ARPA) funds. Options for where to allocate some of the funding include public health and water, sewer, and broadband infrastructure.

A balance of $3,318 of the ARPA funds will be paid to The Mountain-Ear for full page ads and “Keep It Local” articles highlighting and promoting local businesses, as well as for an online marketing campaign, further bolstering businesses impacted by local and national emergencies.

One avenue for spending the funds would be to provide premium pay for essential workers who risk their health in servicing critical infrastructure sectors. Trustee Tania Corvalan had previously requested that Town staff work with the Nederland Fire Protection District to determine what a premium pay for essential workers payout would be for them.

Trustee Jonathan Baumhover and Trustee Coombs-Esmail questioned if a portion of the ARPA funds could be used to help fund the NPD, as outlined in the informational presentation made earlier by Marshal Fine-Loven. Trustee Baumhover hoped to see the BOT focus on infrastructure and services; Trustee Coombs-Esmail agreed and desired to see the BOT work together on a ranked priority list to help better direct Town Staff on such matters.

Trustee Corvalan urged the BOT to focus attention on Nederland’s non-profit businesses and organizations in regards to the ARPA funds. Trustee Corvalan stated that several of Nederland’s non- profit businesses stayed open during the pandemic to provide much needed services to residents and that they deserve recognition.

Though Trustee Baumhover did not disagree with the sentiment, he reiterated that non-profit organizations have access to grant money that other Town priorities do not, which includes the 2022 Boulder County Economic Vitality Grant, earlier in the meeting approved by the BOT. Trustee Coombs-Esmail suggested Trustee Corvalan create a proposal on which non-profit businesses should be eligible for the ARPA funds and how the funds would be dispersed to them.

Fisher suggested to the BOT that, considering the Town of Nederland has until 2025 to disburse the funds, they should postpone discussion of this matter until a 2023 Budget Discussion to be held in two months.

On May 17, 2022, the BOT, with the Colorado Attorney General, signed the Colorado Opioids Settlement Memorandum of Understanding. The agreement was a product of Colorado’s participation in nationwide litigation against pharmaceutical opioid manufacturers and distributors, and is aimed to create a method for disbursing money received from the nationwide opioid settlements.

The BOT must decide whether the Town of Nederland should opt in, therefore receiving the funds directly and becoming responsible for tracking the funds and reporting to the state; or to opt out, pooling the region’s funds to be distributed based on direction from the Boulder County Region Opioid Council.

With nearly every Boulder County municipality choosing to opt-out, which was also the recommended course of action by Town Staff, the BOT moved to approve to opt-out and pool the region’s settlement funds.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, August 2, 2022, at 7 p.m. and can now be attended online or in person at the Nederland Community Center. For more information go to: https:// townofnederland.colorado.gov/board-of- trustees.