Jennifer Livingston, Nederland. The Nederland Board of Trustees meeting began at 7:00 p.m. at the Nederland Community Center on October 15, 2019, with updates from town staff. 

Karen Gerrity, the Town Administrator, recognized IT Consultant Randy Lee for his excellent service and for his advocacy with CenturyLink, which saved the town a substantial amount of money. 

Town Hall will be closed on the morning of October 24 for an all staff training, and will be notifying the public with more information. 

The Nederland Downtown Development Authority has approved an expenditure of $7,000 for civil engineers to analyze and provide alternatives to improve existing public parking on Big Springs Drive, Lakeview Drive, and Conger Street. Their special election is November 5, 2019. 

The Nederland Police Department (NPD) reported on a new program designed for people struggling with mental health or addiction issues, who commit low level crimes, and either have a history of recidivism or are likely to reoffend once jailed. The system recognizes that jail often reinforces or teaches antisocial behaviors whereas treatment and life skills education may actually help some offenders live better lives. 

The NDP also reported that it has been receiving numerous calls from Social Services to conduct welfare checks on local kids age 3-17, stating the “the ones requiring follow up take a lot of time.” The NPD had mentioned this issue a year ago as well. The BOT requested more information on the referral process, the volume of referrals and time required by the NPD. 

Trustee Gustafson requested the NPD to follow up with the Sheriff’s Office regarding several reports of drivers running lights in the canyon and requested any information that can be shared with the community on how the issue is being addressed.  

The Nederland Community Center (NCC) will be hosting the 9Health Fair on November 16, 2019, from 9:00 a.m. to 12:00 p.m. Area residents will have many low cost and no cost health screenings and referrals available for them. 

The Nederland Community Thanksgiving Dinner will be celebrated on October 17 from 12:00 p.m. to 3:00 p.m. Everyone is welcome to enjoy the traditional feast. Bring a dish to share if possible, as well as plate, fork, knife, and spoon. Please contact the NCC for more information and to volunteer. 

Public works presented concerns regarding a revenue deficiency from Planned Investment Fees (PIF) for multi-family developments that could create a situation where some users are essentially subsidizing others, and where revenue shortfalls inhibit Nederland’s ability to maintain and expand the water system. Not only is the current system unaccountable to actual use it also will not pay for itself as Nederland looks to increase density.

Currently, a flat rate per meter size is paid regardless of degree of use. So, a single mom building a two bedroom home would pay the same PIF as a brand new 4,000 square foot home, regardless of use. She would also pay the same amount as a business with kitchens and customers using toilets and washing hands all day. Moreover, rate payers in Nederland would likely see their rates go up if Public Works improvements were paid via debt financing, meaning the rate payer would essentially subsidize the increased demands of new development.  

Public Works suggests using a system that will account for use and generate the revenue required to maintain and build the system as needed. They provided examples: Black Hawk charges per square foot, Boulder assigns cost per bedroom, Estes Park goes per fixture, while Golden accounts for land use. It’s notable that the PIF for Idaho Springs is four times higher than that of Nederland. 

There was a rate study done in 2012 that is no longer accountable to Nederland’s needs. However, a new rate study will cost much more than the $20,000 budgeted for next year. Public Works is attempting to narrow the scope of the study but states it would not have results until 2021. Meanwhile Nederland continues to lose important revenues for its integral infrastructure. 

The BOT generally agreed that having a rate study is desirable for policy making yet the cost and time involved may require the BOT address the loss of revenue in the interim and revisit once such a study can be completed. Members were also interested in a mechanism by which existing homeowners may obtain a meter affordably. They look forward to more information and policy suggestions. 

Public Works moved forward with concreting sidewalks on East Street. The aggregate used in response to the public’s desire to use permeable surfacing and save money, failed. The consistent washout, especially in the areas of incline, creates safety issues for pedestrians, especially those with mobility issues or requiring adaptive equipment. Some people have reported to Public Works that they are actually walking in the street instead of the impassable sidewalks, creating further safety concerns. 

Public Works will continue to address steep areas and areas prone to erosion, recognizing that it is much more affordable for the town to do the work rather than to bid the work out. They may also test their polymer product, called Rhino Snot, on the crushed rock walkways. The product has been effective on local roads prone to washout, such as Navajo Trail. The BOT will put the issue of sidewalks on the agenda for an upcoming meeting and they requested Public Works to prepare a plan including expected expenditures.  

Recall petitions for Mayor Larsen, Mayor Pro Tem Gustafson and Trustee Dallas Masters have been deemed sufficient by Miranda Fisher, Nederland Town Clerk. There have since been seven petitions filed in protest to the recall petition. The filing of protest petitions requires a hearing which will be held on October 24, 2019, starting at 1 p.m. at the Nederland Community Center multi-purpose room. 

The BOT had previously named Karen Goldman, who has years of experience with elections and recall elections, to oversee the hearings. Kathleen Chippi and Mary Jarril have now filed a civil suit against Defendants Miranda Fisher, Town Clerk, and the Town of Nederland, requesting the Boulder D.A. to intervene in the process. Chippi testified that she does not believe the recall petition can be disputed, except on the validity of signatures. 

Regardless, Nederland will not see a recall election as such. Per Colorado State law the earliest the BOT could have scheduled a recall was during this October 15, 2019, meeting. However, Nederland is now within 180 days of the next regular election and therefore any recall will be held as a general election, which means there will be no special election. In fact, there will be no recall language at all on ballots come April 7, 2020. If Larson, Gustafson and Masters do seek reelection, only the question of their reelection will be on the ballot. It was stated that there will be no public comments by town staff or the BOT and staff regarding the civil suit or the recall. 

Trustee Jonathan Baumhover has been working with PROSAB to prepare the COGO grant packet for the joint application with Wild Bear. At the BOT meeting on October 1, Wild Bear and PROSAB were given the green light, with overwhelming public support, to move forward with the grant. They were again before the BOT during this meeting requiring approval on the final draft of the application. 

Trustee Masters and Trustee James Rawsthorne had not been present at the previous meeting, requiring other members of the BOT, as well as Wild Bear and PROSAB representatives to explain the concept, plan and project phases. Specifically, that the phased work for Guercio Field was drawn from the 2013 Master Plan, has been extensively and publicly vetted with input from all stakeholders, and phase one consists of steps that all agree on, and are reasonable for the volunteers of PROSAB to accomplish, with support from Public Works. 

Finally, the BOT was able to approve the draft with Trustee Masters as the only dissenting vote stating that he supports Wild Bear but would rather not move forward but instead have an entirely new professional public planning system. Wild Bear and PROSAB will submit their GOCO grant application in the next few days which, if awarded, will allow Wild Bear to continue work on the Nature Center and allow PROSAB to move forward with much needed improvements to Guercio Field. 

(Originally published in the October 24, 2019, print edition of The Mountain-Ear.)