NEDERLAND - On Wednesday, April 9, 2025, the Nederland Downtown Development Authority (NDDA) met to continue their discussion on drafting a Memorandum of Understanding (MOU) in collaboration with the Town of Nederland, and on updating their organization’s official bylaws, as the current iteration had never been approved by the Board of Trustees (BOT). 

The intention of the MOU is to address specific matters not covered by the bylaws, including clarification of the Town’s role in the financial management of the Authority, in administrative and project oversight, on the process for BOT approvals of NDDA matters, and on the best practices for collaboration between the two entities.

NDDA Vice Chair Scott Papich expressed concern over a provision written into the MOU Section II that requires the NDDA have their annual budget submitted to the Town by November 1. Papich requested that the date be pushed back to November 15, to which Town Administrator Jonathan Cain answered that the later date would cause stress due to the Town’s statutory requirements. 

Board member Steve Karowe expressed issue with the language in MOU Section III (b), which states: “The NDDA acknowledges that a significant source of its spending will be directed to infrastructure projects in order to halt or prevent deterioration of property values or structures within the downtown area.”

Karowe felt that the sentence was unnecessary and that it only served to highlight a long-running point of contention between the two entities. He noted that the only necessary language in that section of the MOU was that which dictates that no NDDA project may proceed on Town-owned property or in the public right-of-way without formal approval by the Board of Trustees.

Cain stated that, though he agreed fundamentally that the language could be changed, there needed to be a direct statement of “acquiescence” from the NDDA within the MOU, as the document was meant to address, in collaborative language, that the BOT holds statutory power. 

“I feel like the BOT more has a veto-power over things than a directing power of telling us what we need to be working on,” Karowe said. 

“They do have the power to tell you what you should be working on; that’s why they have the approval of the Plan of Development. That’s what one of the problems with the relationship has been,” Cain answered. “It’s been confusing, but that is what the truth is: the BOT has that approval power.” 

The NDDA’s proposed revisions to their bylaws include removing provisions that are no longer applicable; adding language on conflicts of interest, the Secretary role, committee responsibilities, and the competitive bidding process; ensuring cooperation during the audit process; and allowing the BOT liaison to the Authority to have full voting rights. 

During the BOT’s March 18 meeting, Cain and Trustees offered suggestions for language to be added to the Authority’s bylaws meant to better clarify the relationship between the BOT and the NDDA. 

These suggestions included: language specifically stating that the BOT has full discretion in appointing new members to the NDDA, with or without the recommendation of the Authority; defining the process of collaboration during the NDDA’s budgetary process, which Trustees must approve; requiring a yearly review of the Authority’s Plan of Development; and establishing oversight of the NDDA’s project planning process. 

Some Board members noted that the language added by the Town and the BOT regarding their position of authority over relieving NDDA members felt restrictive. 

The language in question, pertaining to Board member removal in Article 2.240 reads: “After notice and a public opportunity to be heard, the Board may request that a member(s) of the NDDA Board be removed for cause by the Town of Nederland Board of Trustees. A NDDA Board Member(s) may be removed by the Town Board for misfeasance, malfeasance, nonfeasance or any other violation of public trust or affront of the dignity of the Board.”

Cain and NDDA Executive Director Kate Masingale will make additional edits to the bylaws and to the MOU and, after running an edit of the draft by a “working group” of NDDA members, the new language will be brought to the Authority at their next meeting.

The NDDA was tasked with determining its process for allocating special event funding to those who apply in 2025. In the past the Authority has capped funding grants for special events at $1,000 per applicant, with funding for traffic control being allocated separately, and has scheduled the review of all applications to take place during a single meeting. 

The NDDA aims to release applications soon, so the Board can review and vote on them during their May meeting. The Authority currently has $10,000 budgeted for special event grants, and $20,000 for traffic control funding. 

Board members discussed the prospect of instituting a monetary cap on funding requests, and also expressed wanting to require more financial reporting from applicants.

After debating what the set cap amount should be, the Authority voted to approve a $1,000 cap on special event grant funding requests, which covers marketing and operations; and a $1,000 cap on traffic control grant funding requests. They also approved capping the dedicated funds for both grant types at $25,000, and established that the application processes for the grants will open in May and in August of 2025. 

The Authority also discussed the potential of collaborating with Town staff on operating and managing the Nederland Visitors Center, which would require funding from the Authority’s budget for special events.

According to the Agenda Information Memorandum (AIM) prepared by Masingale and BOT liaison Tania Corvalan, the recent loss of two Town of Nederland employees created the opportunity for a “staffing collaboration to support Plan of Development goals around event support as well as filling the Board Secretary role.”

Cain stated that he and Town staff are currently exploring options for how to manage the Visitors Center successfully, though more research is currently required to define how the new staff structure and collaborative process may work.

Cain, after gauging the Authority’s interest in working to restructure the Town’s business, will proceed with the necessary research and will return with a more comprehensive plan and detailed AIM for further discussion. 

The Authority discussed one final matter that involved their $50,000 budget for special events in 2025: the possibility of hosting a Fourth of July event.

During the Authority’s March meeting, Corvalan received suggestions from fellow board members to gather more data on the logistics of a Fourth of July laser, drone, or fireworks show.

Corvalan’s research yielded a local drone company’s offer to supply the drones for a 15-minute show, limited due to battery charge, at a cost of $12,500 for 100 drones, or $25,000 for 200.   

Corvalan stated that the drone providers do have contingency plans in the event of extreme weather, and that the drones do not go over 15 miles per hour. 

Some Board members felt it was important to create a new traditional event that the community can look forward to every year, though research being conducted in real time showed that a 100-drone show would not be ideal, and that 200 drones would look more impressive for the cost. 

Comparatively, a 200-drone show can often cost up to $50,000; however many members of the Authority felt that the $25,000 cost was still too high for a maximum 25-minute performance.

Additionally, for a 25-minute performance, not all 200 drones will be flown at the same time, as they will need to be staged to extend the duration of the event. Corvalan added that a sound system and music would need to be provided separately, and could cost up to $500.    

No motion was made to contract with a drone provider or to appoint any personnel to continue investigating the potential of a Fourth of July event. 

Board members also heard a presentation from Nick Aguilera, Landon Hillard, and Melissa Hunter from Boulder County in regard to the Nederland EcoPass Program’s unlimited RTD bus pass available to all employees in Nederland and of the Eldora ski area. 

The presentation featured data which showed the trending ridership of the NB Route, and indicated that over 230 employees of Nederland businesses utilize the EcoPass program, which saves them up to $200 each in personal transportation costs. 

For additional information about the EcoPass program call 303-299-2132 or visit: https://www.rtd-denver.com/fares-passes/pass-programs/ecopass .

Employees of Eldora and of Nederland businesses can apply for their free EcoPass in person at Nederland Town Hall, 45 West 1st Street. 

The Nederland Downtown Development Authority meets the second Wednesday of every month. Their next meeting is scheduled for Wednesday, May 14, 2025, at 6 p.m. and will be held online as well as in person at the Nederland Community Center. 

For more information go to: https://townofnederland.colorado.gov/downtown-development-authority.