NEDERLAND - The Nederland Board of Trustees (BOT) discussed two major issues during their meeting on Tuesday, October 1, 2024, both regarding public health and safety. These include continuing the Boulder County Co-Responder program, and the proposal for a Secondhand Marijuana Smoke ordinance.
Trustees discussed budgetary considerations and alternatives concerning funding the Boulder County Co-Responder program through 2025, which would cost the Town an estimated $145,000.
The program is currently supported by the Peace Officer Behavioral Support and Community Partnership grant from the Department of Local Affairs, which is scheduled to end this November.
Lynette Anderson of the Co-Responder program provided data that detailed the operations and showcased the benefits of the program. The data also indicated that the program’s services were being utilized beyond Nederland’s borders in many areas of unincorporated Boulder County.
Anderson, who previously served in Lyons, stated that she has made connections with people in the community and with the Nederland Fire Department, Nederland Community Library, Nederland Food Pantry, and the Emergency Family Assistance Association.
Trustee Tania Corvalan asked Anderson about the logistics of her position as a Co-Responder. Anderson responded that she is posted at the former Nederland Police Department substation in the Caribou Village Shopping Center, where she answers calls in tandem with a badged first responder, though she is not dispatched by the same radio communications as Boulder County deputies.
Town Administrator Jonathan Cain indicated in the Agenda Information Memorandum (AIM) that the Town is “budgeting from a difficult fiscal position for 2025.” Therefore, several alternatives to funding the Co-Responder program were presented.
These alternatives include reallocating American Rescue Plan Act (ARPA) funds away from affordable housing initiatives, raising the Public Safety Tax, and pursuing a cost-share arrangement with Boulder County. Cain noted that he had inquired of BCSO if there were any cost-share opportunities available, but there were none.
Trustees approved having Cain return at a future meeting with a request for the estimated $20,000 to fund the Co-Responder position through the remainder of 2024. The BOT also permitted the reallocation of the ARPA funds in the event that the Town cannot afford on its own to fund the position.
The Board discussed a proposal from Mayor Billy Giblin and Trustee Luke Miller to adopt a Secondhand Marijuana Smoke Ordinance, to prevent “smoke and odor trespass” from impacting the “comfortable use and enjoyment” of one’s property.
The ordinance would be aimed at classifying secondhand smoke and related odors as a nuisance in residential areas. It is supported by data from the Colorado Department of Health and the City of Boulder Municipal Code indicating the issue as one of public health and safety.
The AIM includes a statement from the CDC that reads, “there is no safe level of exposure to secondhand smoke.” The statement continues to note secondhand marijuana smoke as hazardous, due to its containing cancer-causing toxins and the psychoactive compound THC.
Miller spoke about this matter from a personal standpoint, having reached out to BCSO, as well as to Co-Responder Anderson, to attempt to mediate his neighborly dispute. This personal matter led Miller to research what courses of action exist to protect against unwanted exposure to secondhand smoke.
He noted that there were people in the community who have experienced similar problems with secondhand smoke, including one who suffers from a cannabis allergy. Miller added that, though three letters of support were submitted from the public, others in favor of such an ordinance may not want to speak out in fear of receiving backlash from the community.
Trustee Tierney Maris asked how the secondhand smoke ordinance reflects any of the Board’s Strategic Goals for 2025, to which Miller responded that it is a matter of general public health and safety.
Maris also questioned whether BCSO or Town staff have received numerous complaints regarding secondhand smoke and/or odor. Cain remarked that the issue has been raised by the community. Also, response to odor complaints are marked on the reports that BCSO supplies to the Board, though the type of odor is not specified in those reports.
Corvalan asked several questions regarding the precedent the ordinance may set on banning odors. Miller clarified that the focus of the proposed ordinance is only on marijuana, tobacco, and vape smoke. Corvalan asked if there was a quantitative measurement of secondhand smoke and odor to be used to assure that the ordinance is not abused.
Miller agreed that all of Corvalan’s points should be considered and specified that he is looking for approval from the Board to approve Town staff researching the City of Boulder’s code and other similar ordinances from neighboring municipalities, before moving forward into drafting an ordinance.
Miller’s request failed to pass. Mayor Pro Tem Nichole Sterling adamantly stated that Town staff does not have the capacity to dedicate further research into the ordinance at this time. She did propose continuing the discussion in the first quarter of 2025, when the BOT will be considering becoming a Home Rule municipality.
The Board was presented with information concerning the Town’s requirement to comply with the Federal Emergency Management Agency’s National Flood Insurance Plan regulations. In order to be in compliance, certain floodplain management measures must be drafted and adopted by October 24, 2024.
Emergency Ordinance 867 is being drafted to make changes to Nederland Municipal Code pertaining to the addition of “statutory authority language and missing definitions.”
The Board is expected to adopt this emergency ordinance during their meeting on October 15. It was clarified that quorum is required in order for the emergency ordinance to pass. Failure to comply would result in the community losing access to flood insurance.
The BOT voted to appoint Caroline Gezon to the Alternate position on the Parks, Recreation, Open Space Advisory Board (PROSAB). Gezon’s interests include running, biking, and skiing, and she currently works as a public sector consultant; PROSAB voted to recommend Gezon for the position on September 19.
Trustees also approved the use of $24,000 to pave the entirety of West Spring Street. Streets Department Manager Joshua Davis stated that the funds could be reallocated from the department’s budgets for dust suppressant and road base.
The project is being expedited to address concerns of drainage and runoff from heavy rains that affects Blue Owl bookshop’s driveway, causing issues for their customers.
The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, October 15, 2024, at 7 p.m. and can be attended either online or in person at the Nederland Community Center.
For more information go to: https://townofnederland.colorado.gov/board-of-trustees.
