BOT Pursues Local Issues

By Pam North

The Nederland Board of Trustees (BOT) convened at 7:04 p.m. on Tuesday, October 2, 2012. All members were present : Mayor Joe Gierlach, Mayor pro tem Kevin Mueller, and Trustees Peter Fiori, Annette  Croughwell, Randy Lee, Chris Perret, and Ledge Long. Also in attendance were Alisha Reis (Town Administrator), Teresa Myers (Town Clerk), Eva Forberger (Town Treasurer), Carmen Beery (Town Attorney), and Jason Morrison (Public Works Manager).
Consent Agenda: October 2, 2012 Accounts Payable, and September 18, 2012 Meeting Minutes were approved. Also approved was the the Big Springs Drive Erosion Project. Summer rainstorms in 2011 and 2012 that produced heavy surface runoff and erosion have created problems for down-gradient property owners, and a guardrail/retaining wall was judged to be the most cost-effective way to address the problem.
Public Opinion on Non-Agenda Items: Donna KirKpatrick mentioned the NDDA (Nederland Downtown Development Authority) plan for holiday decorating for the upcoming holiday season. It will utilize donated lights and decorations, and she encouraged everyone to recycle their unneeded items to add to the holiday ambience of the Town.
Informational Items:  An update on the NedCompost project was given by Dianne Fleming and Jesse Seavers. The NedCompost program operates on a service payment model that is designed in a way to maintain the operation of the organization in a sustainable fashion, and the revenue from the service payments allows customers to receive waste food collection and sale of finished compost.
Action Items: Consideration of  Proposal for 2013 Boulder County Economic Development Grant (NedWEB program). Board members discussed various aspects of the program. In the past, previous grant disbursements were focused on special events, almost entirely channeled into already busy commerce periods, and were criticized by some as being overly reliant on tourist commerce and under-performing in terms of demonstrating tangible results measured by sales tax revenue. It was determined that the current list of recipients needed expansion, along with proposals supporting projects or programs that otherwise would not survive (such as less financially secure non-profit groups or programs). The NedWEB would continue the evolution of new proposals for economic development funds, would require minimal Town investment, and would generate a modest rise in sales tax revenue depending on which businesses are tapped by consumers for participation in the program. The proposal was approved unanimously.
Consideration of Aspen Grove Community Preschool SRU (Special Review Use):  The Aspen Grove Community Preschool SRU, previously voted down at the September 4th meeting, was approved for reconsideration at the October 2, 2012 meeting, to permit the applicants to investigate options and solutions regarding parking and roadway access, The proposal for the Aspen Grove Community Preschool (formerly known as Over the Rainbow) was again debated. Public comment included concerns regarding traffic flow and parking; impact on neighbors; enrollment limits, snow removal; safety of children (sloping property topography and proximity to a nearby creek); and enforcement of existing speed limits. Possible negotiation to convert the road from a private one to public use was suggested. The SRU was approved, with conditions previously outlined by the Planning Commission, by a vote of 4 to 3, with Trustees Croughwell, Perret, and Fiori voting against,
Consideration of Resolution 2012-28, concerning an encroachment permit for 8 W. Boulder Street: The Boulder Street at Hwy 19 corner has a wall that was built by Ron Mitchell to stabilize the structure he owns at that address. The wall encroaches both town and state highway property, and Mitchell was seeking a permit for that encroachment. Various town residents spoke both for and against the wall, citing points such as the safety of pedestrians, cyclists and automobiles entering the traffic crossing there; limitation of visibility for oncoming highway traffic; setting a precedent for allowing encroachments; the attractive elements of the retaining wall; the extent and height of the encroachment. The resolution was approved, with the condition of an indemnification agreement executed within 60 days and the applicant paying attorney fees, by a vote of 6 to 1, with Trustee Perret voting against.
Consideration of Contract between the Town and Huitt-Zollars, Inc. for Ned Peds Design: The Denver-based firm of Huitt-Zollars, Inc. submitted a fee proposal for design work for the NedPeds multi-use pathway project, connecting the RTD Park-N-Ride with the Post Office and other facilities along the way. The proposal includes all aspects of design on the main route, as well as environmental right-of-way and other analysis required to meet CDOT (Colorado Department of Transportation) regulations that govern the project. The total cost of the not-to-exceed contract is $140,000, to be paid through DRCOG (Denver Regional Council of Governments) federal funds and the NDDA (Nederland Downtown Development Authority) from its TIF (TaxIncrement Financing) proceeds. The contract was unanimously approved.
Consideration of Intergovernmental Agreement (IGA) between the Town and the NDDA to govern how the CDOT (Colorado Department of Transportation) NedPeds funding will be managed. The Nederland Downtown Development Authority has initiated a pedestrian walkway project
that would go along 2nd street from the RTD parking lot to the post office  (NedPeds). The Ned Peds project is paid for from a grant by DRCOG processed through CDOT, the NDDA’s TIF funds, and Boulder County. The IGA that  the Town signed with CDOT requires an IGA between the Town, acting as the local  agency, and the NDDA. This IGA will outline the responsibilities of the Town and the
NDDA in terms of the costs and duties associated with the NedPeds project. This agenda item was tabled for a future meeting.
Consideration of Resolution 2012-29, allowing the DDA to borrow funds from the Town, to be paid back from TIF funds, to fund the NedPeds design. This agenda item was tabled for a future meeting.
Consideration of  CML (Colorado Municipal League) policy position concerning municipal fines: This agenda item was tabled for a future meeting.
Consideration of mew information bearing on Oktoberfest 2013 Special Event Permit:
The Board again discussed this proposed event. Local residents spoke out both for and against the cycling event, citing various aspects such as economic stimulus for the Town; the event’s family orientation and reasonable cost; adding a local non-profit component to the event; changing the cycling route; requiring additional permits; low impact; lack of communication of promoters with residents on bike route; adding conditions to the event. The Board voted to continue the matter until the next meeting.
Other Business: None.
Adjournment –  The meeting was adjourned at 10:59 p.m. The next BOT meeting will take place  on October 16, 2012, at 7:00 p.m. at the Nederland Community Center, 750 Highway 72, Nederland, CO.