The Nederland Board of Trustees approved signing a Memorandum of Understanding (MOU) to join a settlement regarding opioid payments and agreed to an updated Rights of Nature resolution during a regular, virtual meeting on October 19, 2021, at 7 p.m. The Board also appointed residents to a Town Marshal search committee and discussed Building Code updates and the 2022 budget, including a request for new positions.

Colorado opioid settlement

Town Attorney Jennifer Madsen asked the Board to consider the Colorado Opioid Settlement Memorandum of Understanding (Colorado Opioid MOU) with the Colorado Attorney General. The Colorado Opioid MOU is a product of negotiation between the State, the Colorado Municipal League, and several Colorado cities and counties that participated in the nationwide opioid litigation.

The Colorado Opioid MOU will establish a distribution method for money received from the nationwide opioid settlements. Madsen recommended that the Board approve the authority of the Town Administrator to sign on to the Colorado Opioid MOU and participate in the state-negotiated settlement approving a resolution.

According to the latest data from the Centers for Disease Control and Prevention, the opioid epidemic has claimed the lives of nearly 400,000 people in the United States between 1999 and 2017. Through court actions filed around the country, the states and local governments sought to hold certain opioid manufacturers, distributors, or other supply chain entities legally liable for the epidemic.

Settlements have been reached with the three biggest opioid distributors and another opioid manufacturer. If the proposed settlements are fully adopted by states and local governments nationwide, the three distributors will pay a maximum of $21 billion over 18 years, with a total of approximately $26 billion in settlement proceeds payable to state and local governments.

Colorado Attorney General Phil Weiser has approved these settlement agreements, and Colorado is expected to receive a maximum of $400 million from these settlements. Madsen said that local governments have to sign the MOU, and the Town could receive a bigger impact from the 60 percent regional grant.

The Trustees agreed this was a nobrainer and approved signing the MOU.

Rights of Nature

Town Administrator Miranda Fisher introduced an amendment to the Rights of Nature resolution. When the resolution was first approved on July 6, 2021, the Board did not revise the resolution presented. The Board of Trustees felt that the resolution needed some edits.

The revised resolution better reflects the intent of the Board of Trustees and will replace the resolution passed on July 6, 2021. According to the resolution, Boulder Creek Watershed stretches from the continental divide to the St. Vrain River, encompassing several climate zones and 448 square miles of forested mountains, valleys, and grasslands. Boulder Creek and its tributaries are the lifeblood of this entire area.

Just as it sustains all of the living things in the Watershed, the Creek also sustains the Town and its people by providing the municipal water supply as a basic necessity for life, and also binding the community together, supplying a hub for cultural activities and gatherings.

“The Town Board hereby determines that it may best protect the health, safety, and welfare of its residents, which are inseparable from the welfare of the Creek and the Watershed, and can best contribute to the global movement to respect and promote the rights of nature, by recognizing and supporting these rights,” according to the resolution.

Mayor Kristopher Larsen said this was brought before the Board earlier this summer, and in a larger context it didn’t meet the needs of the Town, so they made modifications for the Town moving forward. Trustees said they were good revisions and shared community values.

Trustee Julian Taylor said it is an illconceived resolution. Rights of nature make human rights more difficult to apply, he felt. Nature is best defending the rights for humans, he said, so he would like to have this rescinded, but he would vote for it.

The Board passed a motion to approve the amended agreement.

Town Marshal Committee Search

At the October 5, 2021, meeting, the Board approved putting together a full application review committee that will narrow down the applicants who meet the minimum qualification to the top candidates for Town Marshal. This full application review committee will consist of Department Heads Miranda Fisher, Rita Six, Dawn Baumhover, and Chris Pelletier; Trustees Eric Coombs Esmail and Julian Taylor; with four community members selected by the Trustees.

Town staff had recommended having community members submit letters of interest. The Town received seven applications before the deadline, from Judi Anderson, Andrew Chandler, Katrina Harms, Tom Mahowald , Ronald Mitchell, Chris Perret, and Atashnaa Medicineshield Werner. They are looking to narrow it down to four.

Four of the applicants were available to address the Board: Atashnaa Medicineshield Werner, Judi Anderson, Tom Mahowald, and Ron Mitchell. Mayor Larsen brought it back to the Board and asked if any Trustees wanted to nominate someone.

The Board nominated Judi Anderson, Katrina Harms, Tom Mahowald, and Chris Perret, with four Trustees voting against Perret.

Building code updates

The Building Code Administrative Committee worked with Attorney Madsen and SAFEbuilt to develop the draft Ordinance 823 adopting the 2018 building codes. Fisher said tonight is the first reading for this ordinance, and the final will be presented at the November 16 meeting.

Madsen said two more notices of the public hearing must appear in the newspaper, so she recommended a November 16 public hearing with an effective date of January 1.

After much discussion, especially regarding the requirement for sprinkler systems, Mayor Larsen agreed that the codes should include solar ready homes and asked staff to bring this back to the next meeting.

2022 Budget

Staff presented the 2022 draft budget including summaries for the Government and Enterprise funds. Staff looked for direction from the Board regarding posting the draft budget on the website by October 25 and seeking feedback from the public.

At the 2022 budget work sessions, Town staff recommended that the Board consider new positions to add to Town staff in 2022. Following a robust discussion on October 7, Town staff recommended hiring a full-time Parks Manager to oversee a Parks Department at a salary range of $45,000 to $55,000; increasing the match for the Sustainability Coordinator to $15,000 for a total of $30,000 for the position, with Boulder County funding up to $15,000 with their Sustainability Grant; and then budgeting $30,000 for grant writing services, which would allow Town staff to contract with a grant writer for larger grants. They will continue to talk with Boulder County Sheriff’s Office and pursue grants to fund the Boulder County Co-Responder position,

Staff recommended posting this draft 2022 Budget for public review and feedback, and the Board agreed.

During the Consent Agenda, the Board agreed to move the next meeting to the Tuesday after the November 2 elections.

The next Nederland Board of Trustees meeting will be virtual on November 9, 2021. For more information, go to https://nederlandco.civicweb.net/ Portal/MeetingInformation.aspx?Org=Cal&Id=391.