Town of Nederland TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 August 15, 2017, 7:00 P.M. AGENDA A. CALL TO ORDER – 7:00 PM B. ROLL CALL C. CONSENT AGENDA 1. Approval of August 1 and August 8, 2017 Warrants 2. Approval of DDA Warrants 3. Approval of August 1, 2017 Regular Meeting Minutes D. STAFF REPORTS 1. Jennifer Hogan, Town Treasurer 2. Chris Pelletier, Public Works Manager Mary Erwin, Town Accountant 3. Dawn Baumhover, Community Center Coordinator E. BOARD OF TRUSTEES REPORTS 1. Mayor’s Report 2. Trustees’ Reports F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes) G. INFORMATION ITEMS 1. Presentation of Audit Report from Town Treasurer 2. Presentation of Peak to Peak Housing and Human Services Task Force by consultant Rebecca Lawrence 3. Information on State Revolving Fund from Public Works Manager 4. Information on Town Road Assessment from Public Works Manager H. ACTION ITEMS 1. Consideration of Resolution 2017-XX to support 100% transition to renewable energy by 2030
135
Embed
AGENDA - Nederland Pack… · Town of Nederland TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 August 15, 2017,
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Town of Nederland
TOWN OF NEDERLAND
BOARD OF TRUSTEES
REGULAR BUSINESS MEETING
NEDERLAND COMMUNITY CENTER
750 Hwy 72 Nederland, CO 80466
August 15, 2017, 7:00 P.M.
AGENDA
A. CALL TO ORDER – 7:00 PM
B. ROLL CALL
C. CONSENT AGENDA
1. Approval of August 1 and August 8, 2017 Warrants
2. Approval of DDA Warrants
3. Approval of August 1, 2017 Regular Meeting Minutes
D. STAFF REPORTS
1. Jennifer Hogan, Town Treasurer
2. Chris Pelletier, Public Works Manager Mary Erwin, Town Accountant
3. Dawn Baumhover, Community Center Coordinator
E. BOARD OF TRUSTEES REPORTS
1. Mayor’s Report
2. Trustees’ Reports
F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes)
G. INFORMATION ITEMS
1. Presentation of Audit Report from Town Treasurer
2. Presentation of Peak to Peak Housing and Human Services Task Force by
consultant Rebecca Lawrence
3. Information on State Revolving Fund from Public Works Manager
4. Information on Town Road Assessment from Public Works Manager
H. ACTION ITEMS
1. Consideration of Resolution 2017-XX to support 100% transition to
renewable energy by 2030
Town of Nederland
2. Consideration of Ordinance XXX to change Municipal Code Chapter 10
re: legality of gravity knives and switchblades
3. Consideration of Resolution 2017-XX for the Nederland Downtown
Development Authority (DDA) for Debt Authorization on November 7,
2017 ballot
I. DISCUSSION ITEMS
1. Eldora Parking Proposal
J. OTHER BUSINESS
K. ADJOURNMENT
The Board of Trustees encourages citizen participation. Public hearings and the “unscheduled citizens” agenda
item allow an opportunity to address the Board. Discussion is limited to 3 minutes and please address your
comments to the Board. Thank you for your cooperation.
The Board of Trustees may take action on any item included on this agenda, regardless of the heading under
which such item appears. Discussion items may become action items if the Board determines that deferring
final action on an item to a subsequent meeting is unnecessary or unwarranted and that taking immediate
action does not compromise any third-party's rights.
The Board of Trustees meeting packets are prepared by Friday before the Tuesday meetings and are available
for inspection at Town Hall during normal business hours. The information is reviewed and studied by the
Board of Trustee members, eliminating lengthy discussions to gain basic understanding. Short discussion on
agenda items does not reflect lack of thought or analysis. The agendas are posted at Town Hall, the post office,
and on the Town's website on the Friday prior to the meeting. Copies of the agenda and meeting packet are
available at no cost via email from the Town Clerk or from the Town website at www.nederlandco.org.
$111.40Mary Johnson Parker, PO Box 1850, Nederland, CO, 80466
2017-07-21 $50.00 $0.0007/21/17 ($49,811.27)Park deposit refund - Mary Parker 07/21/17 10-00-2200$50.00 Deposits held in Escrow
$50.00Sky Terrain, PO Box 808, Boulder, CO, 80306
6232 $74.20 $24,000.0007/21/17 $2,082.67So. Rocky Mtn National Park & Indian Peaks Trail Map
07/21/17 10-13-5670$74.20 Supplies for Resale
Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 28/1/2017 4:44pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description6232 $74.20 $24,000.0007/21/17 $2,082.67Boulder Nederland Trail Map (10) 07/21/17 10-13-5670$74.20 Supplies for Resale
$148.404 Accurate Payroll Solutions, PO BOX 3195, Nederland, CO, 804667738 $157.14 $2,500.0007/17/17 $636.93Prep of Q payroll tax returns & direct deposit
fees08/01/17 10-12-5126$157.14 Payroll Service
$157.147 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565X07202 $16.16 $550.0007/12/17 $363.04cell phone bill 07/27/17 10-18-5234$16.16 Cell Phone827619565X07202 $16.16 $750.0007/12/17 $494.70cell phone bill 07/27/17 10-20-5234$16.16 Cell Phone
$1,046.6833 Interwest Safety Supply, PO BOX 31, Provo, UT, 8460319502 $5,236.33 $4,500.0004/12/17 ($2,055.54)sign order for season 05/02/17 10-20-5535$5,236.33 Minor Supplies (signs)20553 $333.16 $4,500.0005/22/17 ($2,055.54)work zone signs 06/11/17 10-20-5535$333.16 Minor Supplies (signs)
$5,569.4949 Safebuilt, 3755 Precision Drive, Suite 140, Loveland, CO, 805380033352-IN $4,655.48 $52,000.0006/30/17 $26,589.55permits & plan review 07/30/17 10-15-5121$4,655.48 Permitting and Plan Revi
$416.00208 Access Mobile Welding, PO BOX 1828, Nederland, CO, 80466191474 $375.00 $12,000.0007/19/17 $3,476.42repair welds on the hamm roller 07/19/17 10-20-5510$375.00 Equipment Maintenance
$375.00321 Occupational Health Centers of the SouthWest, PO Box 9008, Broomfield, CO, 80021-900812051555 $121.50 $750.0007/13/17 ($387.50)Drug Testing 07/23/17 10-20-5184$121.50 Drug Testing
$121.50
$16,935.31Total General Fund
Community Center Fund2 Indian Peaks Ace Hardware, PO BOX 1450, Nederland, CO, 804662017-06 $40.24 $1,500.0006/30/17 $250.44Ace Hardware 2017-06 07/15/17 20-25-5250$40.24 Janitorial Supplies2017-06 $13.93 $1,000.0006/30/17 $744.42Ace Hardware 2017-06 07/15/17 20-25-5530$13.93 Minor Supplies (infrastruc2017-06 $25.94 $500.0006/30/17 $336.91Ace Hardware 2017-06 07/15/17 20-25-5790$25.94 MISC
$80.117 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565X07202 $16.17 $3,000.0007/12/17 $1,470.82cell phone bill 07/27/17 20-25-5232$16.17 Phone
$16.1751 Cash, PO BOX 396, Nederland, CO, 804662017-07-17 $19.98 $1,500.0007/17/17 $250.44Petty Cash Reimb - Community Center 07/17/17 20-25-5250$19.98 Janitorial Supplies
Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 48/1/2017 4:44pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description2017-07-17 $1.59 $1,200.0007/17/17 $615.34Petty Cash Reimb - Community Center 07/17/17 20-25-5410$1.59 Office Supplies2017-07-17 $4.99 $1,200.0007/17/17 $615.34Petty Cash Reimb - Community Center 07/17/17 20-25-5410$4.99 Office Supplies2017-07-17 $3.79 $1,200.0007/17/17 $615.34Petty Cash Reimb - Community Center 07/17/17 20-25-5410$3.79 Office Supplies2017-07-17 $7.96 $1,000.0007/17/17 $744.42Petty Cash Reimb - Community Center 07/17/17 20-25-5530$7.96 Minor Supplies (infrastruc2017-07-17 $11.98 $500.0007/17/17 $336.91Petty Cash Reimb - Community Center 07/17/17 20-25-5790$11.98 MISC
Conservation Trust Fund36 Mary Q. Wingate Living Trust, 1409 Meeker Drive, Fort Collins, CO, 80524-43112017-07 $3,184.17 $12,832.0006/30/17 $6,503.54Wingate Land Purchase 07/10/17 30-30-7100$3,184.17 Loan Principal2017-07 $815.83 $3,168.0006/30/17 $1,496.46Wingate Land Purchase 07/10/17 30-30-7200$815.83 Loan Interest
$4,000.00
$4,000.00Total Conservation Trust Fund
Sewer Fund2 Indian Peaks Ace Hardware, PO BOX 1450, Nederland, CO, 804662017-06 $74.77 $1,500.0006/30/17 $1,279.66Ace Hardware 2017-06 07/15/17 40-45-5205$74.77 Building Maintenance2017-06 $40.97 $2,500.0006/30/17 $1,182.92Ace Hardware 2017-06 07/15/17 40-45-5530$40.97 Minor Supplies (infrastruc2017-06 $29.98 $2,500.0006/30/17 $1,368.47Ace Hardware 2017-06 07/15/17 40-45-5550$29.98 Safety Equipment
$145.72Anatum Field Solutions, 14845 SW Murray Scholls Drive, Suite 110 PMB 602, Beaverton, OR, 97007
0000584 $208.00 $4,000.0007/19/17 $2,434.86GPS Rental/Demo 07/19/17 40-45-5520$208.00 Minor Supplies (tools)
$208.00Positive Energy Incorporated, PO Box 652, Nederland, CO, 80466
Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 58/1/2017 4:44pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description442 $130.00 $9,000.0007/17/17 $1,712.39trouble shoot electrical 07/17/17 40-45-5510$130.00 Equipment Maintenance
$130.007 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565X07202 $16.16 $750.0007/12/17 $511.77cell phone bill 07/27/17 40-45-5234$16.16 Cell Phone
$16.1611 Boulder County, PO BOX 471, Boulder, CO, 8030615449 $206.08 $4,000.0007/14/17 $3,006.57June Fuel 08/13/17 40-45-5515$206.08 Fuel
$206.0854 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477554377775 $2,904.05 $42,000.0007/18/17 $17,877.7053-2859008-9 6/12-7/12 07/28/17 40-45-5230$2,904.05 Electric
$5,968.00432 Premier Silica LLC, PO Box 847932, Dallas, TX, 75284-7932153947 $2,174.00 $9,000.0007/06/17 $1,712.39replacement sand for sand filters 08/05/17 40-45-5510$2,174.00 Equipment Maintenance
$2,174.00433 Industrial Pipe Solutions Inc, 5641 Washington Street, Denver, CO, 802161110-121 $593.14 $8,000.0007/17/17 $7,360.013rd Street Camera Work 08/16/17 40-45-5190$593.14 Other
$593.14
$12,701.59Total Sewer Fund
Water Fund2 Indian Peaks Ace Hardware, PO BOX 1450, Nederland, CO, 804662017-06 $37.55 $4,000.0006/30/17 $2,898.69Ace Hardware 2017-06 07/15/17 50-45-5520$37.55 Minor Supplies (tools)2017-06 $28.52 $8,000.0006/30/17 $3,704.57Ace Hardware 2017-06 07/15/17 50-45-5530$28.52 Minor Supplies (infrastruc
Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 68/1/2017 4:44pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
$66.07Maura Coffin, c/o Faegre, 1470 Walnut St. Suite 300, Boulder, CO, 80302
2017-08-01 $179.66 $0.0008/01/17 ($84,527.21)Ref Trans #14870 08/01/17 50-00-1200$179.66 Accounts Receivable
$179.667 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565X07202 $16.16 $800.0007/12/17 $561.76cell phone bill 07/27/17 50-45-5234$16.16 Cell Phone
$126.5011 Boulder County, PO BOX 471, Boulder, CO, 8030615449 $206.08 $6,000.0007/14/17 $5,006.54June Fuel 08/13/17 50-45-5515$206.08 Fuel
$206.0830 Hach Company, 2207 Collections Center Drive, Chicago, IL, 6069310541831 $7,930.60 $18,500.0007/17/17 $10,113.67Yearly service contract for water plant state
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 78/1/2017 4:44pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description158 Western Radiant Systems, Inc., PO BOX 460698, Denver, CO, 802464442 $317.48 $0.0007/21/17 ($3,079.14)replacement heater for WP 08/20/17 50-45-6150$317.48 Building Improvements
$317.48175 CDPHE, 4300 Cherry Creek Drive, Mail Code ASD-AR-B1, Denver, CO, 80246-1530FGD2017252 $465.00 $2,000.0007/01/17 $914.20Drinking Water Fee July 2017-June 2018 07/11/17 50-45-5850$465.00 Annual Membership/Due
$465.00295 Zenner Performance, PO BOX 895, Banning, CA, 922200036819-IN $1,119.66 $500.0007/14/17 ($11,026.18)meters for resale 07/24/17 50-45-5670$1,119.66 Supplies for Resale
$1,119.66
$13,102.37Total Water Fund
Total Bills To Pay: $48,689.67
Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 18/8/2017 3:50pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
As of July 31, 2017, revenue was greater than YTD 2017 supplemental budget by $338,000. Grants Revenue was the majority of the additional revenue at $309,000 over due to receiving the DOLA grant reimbursement expected in 2016 and $130,000 for the FEMA flood reimbursement from 2013. Tax revenue accounted for $38,000 of the additional revenue. Public Works was $6,000 over due to receiving reimbursement for equipment and labor used to repair a broken pipe. Law Enforcement was $3,000 over due to receiving reimbursement from the FBI for the bomb/hazmat cleanup costs. Permits and Licensing was $2,000 over. Planning and Zoning was $11,000 under due fewer building permits and plan review fees than budgeted. Misc Revenue was $9,000 under do to a “timing difference” - the variance of when received versus budgeted.
Expenditures were less than the YTD 2017 supplemental budget by $32,000. One major contributing factor to being underbudget is a timing difference for payroll. A third payroll was budgeted for July but will not be incurred until August. Staff is paid every two weeks as opposed to twice a month resulting in two months of the year incurring three pay periods. This timing difference for payroll of $37,000 will net in August. Grant Expense was $7,000 over budget which included additional expenditures for the Town Shop expected in 2106 offset by budgeted expenditures for the sustainability grant not yet spent. Capital Expenditures was $36,000 over
Treasurer’sReport
budget. This included $21,000 for the Town Shop expected to be paid in 2016 and $15,000 for the NedPeds project. The remaining $38,000 difference, after excluding the salary timing difference, in total expenses was a combination of the individual departments being under budget with the exception of the Visitor Center which was $3,000 overbudget. The Police department was $15,000 under ($20k personnel, $7k equipment and supplies, and $12k over in professional services which is a “timing difference” – the full year of Boulder Co. Communications was paid but budgeted for monthly), Admin and Finance $10,000, Planning & Zoning was $7,000 due to fewer permit related expenses, Public Works $4,000, Clerks Office $3,000, and BOT $2,000 under budget.
The overall change in fund balance, revenue less expenses, was $277,000 as compared to a budget of $(93,000) largely due to the additional grant revenue over expenses of $302,000, tax revenue of $38,000.
Community Center Fund
As of July 31, 2017, revenue was $14,000 over the supplemental budget. Tax revenue accounted for $8,000 of the overage, fitness center revenue $4,000 and Rental Income $2,000.
Expenditures were $20,000 less than the supplemental budget due to saving in all areas of the budgeted expenses.
The change in fund balance, revenue less expenses, was $27,000 versus a budget of $(7,000).
Water Fund
As of July 31, 2017, revenue was $66,000 over the budgeted amount. This included operating revenue of $24,000, additional PIF fees of $32,000, $3,000 in sales tax and $7,000 for reimbursement for equipment and labor used to repair a broken pipe and billing adjustments.
Expenditures were $12,000 overbudget. Capital Improvements were overbudget $28,000 due to Town Shop spend budgeted in 2016 and Backwash Improvements expenses. Operating expenditures were slightly less than budget in all expense categories except $2,000 over in personnel (when adjusting for the payroll variance) and $1,000 in professional services resulting in a savings of $16,000.
Treasurer’sReport
The change in fund balance, revenue less expenses, was $45,000 versus a budget of $(10,000).
Sewer Fund
As of July 31, 2017, revenue was $13,000 overbudget. The operating revenue was $8,000 underbudget offset by additional PIF fess of $17,000 and $4,000 in sales tax.
Expenditures were $34,000 overbudget. Capital Improvements were overbudget $57,000 due to Town Shop spend budged in 2016, $12,000, and spend on the BioSolids project of $45,000. Operating expenditures were slightly less than budget in all expense categories resulting in a savings of $23,000.
The change in fund balance, revenue less expenses, was $(108,000) compared to budget of $(87,000). The primary difference is the additional BioSolids expenses.
DDA
As of July 31, 2017, the change in the DDA fund balance (revenue less expenses) including TIF was $69,000 compared to a budget of $(113,000). Excluding grant revenue and capital expenses, the revenue was $27,000 higher than budgeted due to $22,000 in taxes received over budget and $5,000 in additional funding. The expenses were slightly less than budget in all categories resulting in spend of $4,000 less than budget.
The budget included $295,000 in grant revenue and $436,000 in capital spend. This will wash with the resumed construction on the NedPeds project.
MEMORANDUM
To: Board of Trustees
From: Chris Pelletier,
Date: August 15, 2017
Re: Staff Report
Not a lot to report this month. The DOLA (Department Of Local Affairs) application requesting
funds for the Biosolids project has been submitted. Once the application is reviewed I will have
another conversation with Don Sandavol to discuss the next steps to ensure a successful
outcome. Also, JVA Inc. has begun the next step in design for the facility’s expansion. During
this phase we start to get quotes on different pieces of equipment from various contractors and
begin to get a picture of actual costs. The next step in moving this project forward is to begin
securing funding from SRF (State Revolving Fund). There will be a tight schedule of public
notice and supplying information as part of the application requirements for this funding.
The process of connecting town facilities to a fiber network has begun. Town Shop, Water
Treatment Facility, and Town Hall have been connected together and can now access, share, and
store information on the Town’s server. This is an important step in streamlining operations and
improving communication. We are working to connect the Waste Water Treatment Facility this
year which currently houses our GIS operations. This connection will allow access of GIS info
across all town facilities.
Staff now has a firm schedule for mitigating the asbestos at the old town public works facility.
This will be taking place at the end of the month. Once complete, Staff will be able to begin the
process of deconstructing the building and recycling as much as possible.
Water Rights Update:
As previously reported, the town’s conditional water rights is up for review in water court at the
end of September. Staff has been working with the Town’s water attorney, Vranesh and Raisch,
LLP Attorneys at Law, to supply enough information to successfully extend the town’s
conditional rights for another 6 years. The Town of Nederland has held its conditional water
rights since 1978. In Colorado, the phrase “First in time, first in right” briefly describes how
water is prioritized. Conditional water rights essentially means the town is holding its place in
line on the quest for Absolute Water Rights. Every 6 years since 1978, Nederland’s water rights
gets reviewed in water court to assess whether Nederland is taking the necessary steps to secure
Absolute Water Rights.
The Town’s current water right is called “Nederland Reservoir” and amounts to 100 acre feet.
The current decreed location is just downstream of the water plant. Nederland has a lease
agreement with the City of Boulder to store our water in Barker reservoir and then trade what we
use with what we store, this is called augmentation. There are several steps that must happen to
secure the town’s water rights. One step is that the Town’s decreed location must be moved
upstream to make them more usable. The Town’s water attorney have been approved to perform
this task. Once upstream, there must be a place to store them. JVA Inc. was contracted last year
to perform a reservoir feasibility study, this will help the town’s case in court to show that the
town is on the path to securing its rights to water. This study is currently being reviewed by the
Town’s water attorney and will be presented to the Board when it is completed. The purpose of
this study is to show that there is a place and that it is possible to store the Town’s decreed water
rights at a location upstream. This briefly summarizes for the BOT progress that is being made as
town continues down this path of securing water rights.
Operations:
Streets Staff have been focusing on drainage and grading
this past month. Considering all the rain we have been
getting, the roads have been holding up well. Staff continues
to focus on drainage and repairing culverts. In some cases
speed bumps are installed to serve two purposes, to reduce
speed and to divert water. More asphalt patches were done at
various locations around town and staff will schedule one
more day this year to address whatever is left. Other than
normal vehicle maintenance activities, road maintenance has
been the priority. Staff has also worked with the PD to
install signs to help with parking enforcement.
This month Utilities has been focusing on hydrant flushing
and data collection. Staff collects data such as distribution pressures and flows. Adjustments in
distribution pressure regulators are corrected to ensure proper fire flows exist. For the most part
Staff has focused on normal operations and state regulatory compliance.
MEMORANDUM
To: Board of Trustees
From: Dawn Baumhover
Community Center Manager
Date: 8/8/17
Re: Staff report
Budget 2018 preparation and building issues have dominated the past month at the
Community Center. We are grateful to have the new kitchen hood fan installed,
calibrated and finally working properly. The work was completed in time for the
Coming Home Days Pancake Breakfast held Saturday July 22nd. Unfortunately the
kitchen oven has required service once again. CC experienced numerous alarms on
the pumps in July. Every time the service contractor arrived they would be working
fine. A frustrating week was spent diagnosing the problem which was ultimately a
controls issue. Several other unrelated problems were discovered in the hunt and
were fixed or are pending. Public Works also did needed replacement of a backflow
pump.
In the midst of the mechanical mess, the State Boiler Inspector arrived to recertify
our equipment. He did so even though boiler #3 was offline awaiting parts and
diagnosis of unresolved issues in the system. Routine maintenance performed this
month includes testing of all emergency lights and replacing batteries if needed,
annual inspection of all fire extinguishers, and backflow test of the fire suppression
system. 5280 Fitness Repair has evaluated all Fitness Place equipment. Parts are
ordered and repairs should be completed within the month.
The CC dumpster has been a favorite destination for a local bear. Fortunately it is
equipped with a bear bar so the mess is not as bad as it could be. It does require
Western to right it on collection days. It is our hope that after two unsuccessful tries
a week apart, the bear will not attempt dining here in the future.
The Community Center is re-certified to receive participants from Boulder County
Workfare for the next 2 years. The agreement has been completed for the 2018 Voter
Polling Service Center (VSPC) with Boulder County Elections as well.
On a lighter note, the theater camp held by Corrie Beauvineau for 4th-7th graders
used the stage/auditorium last week for their dress rehearsal on Friday and their
performance of Macbeth on Saturday. It is a privilege to partner with Corrie and the
Backdoor Theater in hosting this theater experience for young people in our
community.
Folks are enthusiastically participating in the Name the Bear contest. Name the
big bear that greets you as you enter the building and win the small bear displayed
by the donation box. We are encouraging everyone to drop their entry in the box
located main lobby or email [email protected] by Friday August 18th. Both
carved bears were generously donated to the Community Center.
TIF CHANGE IN FUND BALANCE (15,955) 40,099 17,532 71,259 (45,277)
NED 2017 Financials 07.xls/Summary 8/11/2017
PEAK TO PEAK HOUSING AND HUMAN SERVICES TASK FORCE
Mission Statement: To bring resources to the Peak-to-Peak region, foster relationships amongst mountain communities as well as between human service agencies/resources and the mountain population.
In early 2013, the Peak to Peak Housing and Human Services Task Force (P2P) was established out of a request from local officials to bring together and coordinate the services of local nonprofits and County service providers in the Peak to Peak region. The Peak to Peak Housing and Human Services Task Force has been meeting monthly since to share information and data, to assess needs, and to work toward solutions for better coordinated services. Members include representatives from local nonprofits & government, Boulder County, EFAA, United Way, VIA and community advocates. This consultative body identified several areas of need, prioritizing housing, basic needs, transportation and healthcare.
The Peak to Peak Housing and Human Services Task Force is dedicated to improving access to housing, transportation, health care and human services for residents of the mountain communities in western Boulder County. It works collaboratively with human service providers, community leaders, government and related agencies to improve the quality of life for all those living across the Peak-to-Peak Region. The Task Force, through the Mountain Human Services Collaborative has identified grant funding for:
1) Mountain Resource Liaison (MRL). It is a part time position currently filed by Kristi Venditti, the Outreach Coordinator for the Nederland Elementary School. Kristi is doing an excellent job thanks to her familiarity with the community and the trust she has gained working with students and their families;
2) Peak-to-Peak Housing and Human Services Task Force Consultant. It is a part time, one year contracted position currently by Rebecca Lawrence. Rebecca is a mountain victim advocate for the Sheriff’s Department (16 years), the founder of the Inter Mountain Alliance (IMA) and was the Community Advocate for Jamestown during recovery from the 2013 Flood. She is very familiar with the mountain region and cultures.
3) Creation of a web site to better communicate activities/needs across the region and to prepare an emergency response reference manual outlining procedures during disaster (both through Foothills United Way funding).
The Task force also:
Works closely with the Nederland Interagency Council on Homeless Encampments (NICHE) to identify and, where possible, resolve issues created by the homeless/long-term camping community (i.e. brochures);
Supports all opportunities for affordable housing across the P2P region and hosts related presentations from the county;
Participates in the Local Coordinating Council (LCC) meetings, a county wide transportation group seeking means to provide improved transportation;
Publishes and distributes the “Where to Get Help” Guides;
Provides the November Health Fair, in conjunction with the 9 News Health Fair, which includes Thanksgiving food boxes. Also Holiday food boxes, toys and clothing in December;
Interfaces with the Mountain Mental Health Collaborative- volunteers that live in the P2P region and can respond quickly with an understanding of the mountain culture.
Peak to Peak Housing and Human Services Consultant:
Information on SRF (State Revolving Fund) and what the next steps are for applying for
funds. This serves as public notice of the Town’s intent to apply for SRF funding by the
October 15, 2017 deadline.
SUMMARY:
SRF is meant to help finance large projects at low interest rates for Colorado water
utilities. These funds are controlled by the Colorado Water Resources and Power
Development Authority. This organization is not in the business of making money
but rather growing the program which is why they offer low interest rates for
borrowed money. Loans are offered for 20 or 30 year spans at 2% interest. The State
evaluates the borrower and their project to ensure that they meet the states criteria
for a loan. Some of the things they look at are:
The financial health of the municipality.
Impact on user rates.
Costs for construction of the project.
Operation and maintenances costs over the life of the project.
The project must maximize the potential for water use, reuse, recapture, and
conservation, and energy conservation.
An inventory of the critical assets of the treatment facility.
Have a fiscal sustainability plan.
Environmental Impact Statement
HISTORY AND PREVIOUS BOARD ACTION:
The BOT approved Staff’s request to apply for DOLA (Department Of Local Affairs)
for half the biosolids project costs on July 21, 2017. Part of the criteria for a
successful application for DOLA funding is securing funding from SRF. Staff and
JVA Inc. met with SRF representatives in March of 2017. This meeting was to
determine whether Nederland’s project would meet the criteria for state funding. It
was determined at this meeting that Nederland’s project was a good fit for SRF and
that the financial health of the town is adequate to support a loan. Staff was given
the necessary information to fulfill the requirements of SRF application. To date the
Town has completed the following steps:
Pre-Qualification form
Pre-Application meeting
Submitted a PNA (Project Needs Assessment)
Completed the Environmental Determination and impact statement.
Submitted a Site Application with the State
Completed and submitted the PDR (Process Design Report)
The next step of this critical path is to have a public meeting to describe the project
and its impacts to residents. This meeting must take place at least 30 days prior to
loan application. Staff will want to apply for SRF by October 30, 2017 in order to
meet the requirement to be shovel ready in 2018 for DOLA funding. The September
19, 2017 BOT meeting will be good timing to meet this requirement. JVA and Staff
will present an overview of the project and be on hand to describe and answer any
questions from the public. This meeting will be documented and submitted to the
State along with our application.
ATTACHMENTS:
SRF loan application steps.
Notice of public meeting to inform residents of the project.
Informal guarantee that SRF will be available to satisfy DOLA’s request to ensure
funding will be ready when funds are awarded from DOLA.
FINANCIAL CONSIDERATIONS:
Nederland will seek a loan for $2 million. Applying for the full cost of the project
will help to show DOLA the Town’s commitment to the project which will improve
the Town’s chances of being awarded funds. Applying for funds does not require the
town to accept or use them. It is the intent of Staff to acquire half the cost of this
project from DOLA. The Town will need to decide whether to pursue a loan for 20 or
30 years. Additionally, this will have an impact on user rates. DOLA funding will be
essential to minimizing the impact on users and also a good argument to support
the project.
2 | For pre-application materials and to contact your regional project manager visit: www.colorado.gov/cdphe/wq-grants-and-loans
SRF Loan Application Steps
*TMF required for drinking water projects only. **Issued after review of PNA and amount TBD based on project scope. Private nonprofit entities are not eligible for Design/Engineering Grants.
***Borrowers deemed eligible to self certify or streamline design at the PNA stage must submit the appropriate form or letter with the Plans and Specifications to the Project Manager.
Loan application deadlines: Jan. 15, Feb. 15, April 15, June 15, Aug. 15, Oct. 15, and Nov. 15.
Notice of Public Hearing for the Town of Nederland Biosolids Handling Project
Nederland, Colorado Date: September 19, 2017 Time: 7:00 – 9:00 P.M. Location: Nederland Community Center Address: 750 Highway 72 North
Nederland, CO 80466 Topic: Town of Nederland Biosolids Handling Project A public hearing will be conducted for the purpose of informing citizens and soliciting public input, written or oral, regarding the Town of Nederland Biosolids Handling Project. The project consists of adding solids handling capabilities to the existing wastewater treatment facility (WWTF). The public hearing will focus on the Project Needs Assessment (PNA) for the Biosolids Handling Project. The PNA is a report evaluating the potential alternatives, existing system information, and details on the selected alternative. This includes adding an aerobic digester for solids stabilization and a screw press for mechanical dewatering. The PNA was submitted to the Colorado Department of Public Health and Environment (CDPHE) to qualify the Town of Nederland Biosolids Handling Project for a State Revolving Fund (SRF) Loan. The opinion of probable cost for the solids handling addition is estimated at $2,000,000 as submitted in the PNA. Copies of the PNA are available for public review prior to the Public Hearing at Town Hall, 45 West 1st St, Nederland, CO 80466. The report will also be available for public review on the City’s website: http://nederlandco.org/category/news/. The point of contact for the Town of Nederland Biosolids Handling Project is Chris Pelletier, Public Works Director, (303) 258-3167. All interested persons are invited to attend personally and provide input at the hearing. For written comments or questions submit on or before September 19, 2017 by e-mail to [email protected] or drop off at Town Hall, 45 West 1st St, Nederland, CO 80466. Town of Nederland Chris Pelletier Public Works Director
• No distress • Dust controlled • Excellent surface condition and ride
• New construction-or total reconstruction • Excellent drainage • Little or no maintenance needed
4 Good
• Dust under dry conditions • Moderate loose aggregate • Slight corrugation (less than 1” deep)
• Recently regraded • Good crown and drainage throughout • Adequate gravel for traffic • Routine grading and dust control may be
needed
3 Fair
• Good crown (3”-6”) • Adequate ditches on more than 50% of
roadway • Additional aggregate needed • Some culvert cleaning needed • Moderate corrugations (1”-2” deep) over
10%-25% of roadway • Moderate dust and partial obstruction of
vision • None or slight rutting (less than 1” deep) • Occasional potholes (less than 2” deep)
• Visual traffic defects • Regrading necessary to maintain • Needs some ditch improvement and
culvert maintenance • Some areas may need additional gravel
2 Poor
• Little or no roadway crown (less than 3”) • Adequate ditches less than 50% of
roadway (overgrown/filled in) • Areas with little aggregate (25%) • Culverts full of debris • Moderate corrugations (over 3” deep) • Moderate rutting (1”-3” deep) • Moderate potholes (2”-4” deep) • Little or no aggregate
• Needs additional new aggregate • Major ditch reconstruction and culvert
maintenance required • Travel at low speeds (less than 25 mph) • Is necessary
1 Failed
• No roadway crown • Little ditching and extensive ponding • Filled or damaged culverts • Severe rutting (over 3” deep) • Severe potholing (over 4” deep) • Primarily little or no aggregate
• Travel is difficult and road may be closed at times
• Needs complete rebuilding
Monitoring Schedule: Minimum twice a year, or after major storm events
Town of Nederland Road Assessment
August 7, 2017
4
Paved Roadways
Paved roadways can offer superior long term ride quality and drainage conveyance when
constructed and maintained properly. However, deterioration is inevitable over time with several
important factors to consider:
Traffic loading - loading forces caused by heavy vehicles are related to fatigue cracking
and corrugations within the asphalt surface layer
Subgrade quality - Poor soil quality, e.g., expansive soils, poor compaction, and water
table infiltration can result in uneven roadways and localized low points which will retain
excess water over time and exacerbate deterioration.
Moisture - Excess moisture within the subgrade or insufficiently conveyed water away
from the roadway surface will ultimately weaken support materials and displace particles
within the subgrade.
Construction Quality - Quality constructors are responsible for proper compaction,
adequate layering, quality of materials, and moisture control.
Maintenance - Visual inspections should be a regular part of any comprehensive
infrastructure plan and routine maintenance will help reduce future repaving costs.
There are common types of deterioration which should be noted with routine visual assessments.
Cracking, rutting, corrugations, and raveling are among the most frequent failure types.
Routine visual inspections of at least once every 6 months should be implemented by the Town.
The rating scale can be similar to that of gravel roadways, but based on cracking depth/extent and
AGENDA ITEM: Consideration of an Ordinance amending section of the Nederland Municipal Code (NMC)
pertaining the legalization of gravity knives and switchblades, consistent with State Law
per Senate Bill 17-008, which becomes effective August 9, 2017.
SUMMARY:
The attached ordinance reconciles the Town’s Code with the Colorado Revised
Statutes on this topic, eliminating the inclusion of gravity knives and switchblades
in the list of illegal weapons, in the interests of consistency and uniform law
enforcement.
ATTACHMENTS:
Town Attorney Legal Memorandum
Ordinance XXX legalizing gravity knives and switchblades in accordance with
Colorado State Law
1
MEMORANDUM
TO: Mayor Larsen and Board of Trustees
CC: LauraJane Baur, Town Clerk
FROM: Nina Petraro; Carmen Beery
DATE: July 17, 2017
RE: State legislation effective August 9, 2017 legalizing gravity knives and switchblades
During the last legislative session, the Colorado Legislature adopted Senate Bill 17-008. This
Bill legalizes gravity knives and switchblades, and becomes effective on August 9, 2017.
Chapter 10 of the Nederland Municipal Code, which governs “general offenses,” has been
generally consistent with the parallel state statute. Our Code currently makes the carrying of gravity
knives and switchblades a per se offense. However, under the new Senate Bill, those knives are like any
other, only subject to the 3.5 inch concealed carry restrictions. Gravity knives and switchblades have
otherwise been removed from the list of weapons that are unlawful to possess under state law.
The attached ordinance simply reconciles the Town’s Code with the Colorado Revised Statutes
on this topic, eliminating the inclusion of gravity knives and switchblades in the list of illegal weapons,
in the interests of consistency and uniform law enforcement.
TOWN OF NEDERLAND, COLORADO
ORDINANCE NUMBER _______
TITLE: AN ORDINANCE AMENDING SECTIONS OF THE NEDERLAND
MUNICIPAL CODE TO LEGALIZE GRAVITY KNIVES AND
SWITCHBLADES, CONSISTENT WITH STATE LAW
WHEREAS, pursuant to C.R.S. § 31-15-401, the Town of Nederland, Colorado (“Town”),
acting by and through its Board of Trustees (“Board”), possesses the authority to adopt laws and
ordinances within its police power in furtherance of the public health, safety and welfare; and
WHEREAS, pursuant to this authority, the Town has previously defined and adopted certain
general offenses, codified as Chapter 10 of the Nederland Municipal Code (“Code”), including a
prohibition of carrying, concealing and using illegal weapons, generally consistent with a parallel state
statute; and
WHEREAS, through the adoption of Senate Bill 17-008 during the last legislative session, the
Colorado Legislature amended the parallel state statute to remove gravity knives and switchblades from
the list of weapons that it is unlawful to possess under state law; and
WHEREAS, the Nederland Police Department has recommended that certain provisions of the
Code be amended to achieve the same result under local law, in the interests of consistency and uniform
enforcement; and
WHEREAS, the Board therefore finds that it is desirable and appropriate to amend the Code to
eliminate the inclusion of gravity knives and switchblades in the list of illegal weapons, consistent with
state law.
NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Nederland,
Colorado, as follows:
Section 1. Section 10-162 of the Nederland Municipal Code, concerning carrying concealed
weapons, is hereby amended as follows:
Sec. 10-162. Carrying concealed weapons.
(a) It is unlawful for any person knowingly to carry a knife or firearm concealed on or about his
or her person; provided that this Section shall not apply to persons in their own domiciles or places of
business or on property owned by or under their control at the time of the act of carrying; to persons in
private automobiles or other private means of conveyance who are carrying a weapon for the lawful
protection of their or another's person or property while travelling; to a person who prior to the time of
carrying a concealed weapon has been issued a written permit pursuant to Section 18-12- 105.1, C.R.S.;
to a peace officer, Level I or Ia as defined in Section 18-1-901(3)(l)(I) or (3)(l)(II)(A) or a peace officer,
Level II as defined in Section 18-1-901(3)(l)(III) while on duty; or for any other legal purposes.
2
(b) It is unlawful for any person to knowingly carry, conceal or cause to be concealed in any
vehicle or to use any blackjack, gravity knife, multi-fixed blade, stiletto, throwing knife, switchblade
knife or brass or metallic knuckles. Nothing in this Section shall apply to any police officers or members
of the armed forces of the United States or the Colorado National Guard acting in the lawful discharge
of their duties.
Section 2. Should any one or more sections or provisions of this Ordinance or of the Code
provisions enacted hereby be judicially determined invalid or unenforceable, such judgment shall not
affect, impair or invalidate the remaining provisions of this Ordinance or of such Code provision, the
intent\ion being that the various sections and provisions are severable.
Section 3. Any and all Ordinances or Codes or parts thereof in conflict or inconsistent
herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that
the repeal of any such Ordinance or Code or part thereof shall not revive any other section or part of any
Ordinance or Code provision heretofore repealed or superseded.
INTRODUCED, ADOPTED AND ORDERED PUBLISHED THIS _____ DAY OF ___________,
2017.
TOWN OF NEDERLAND, COLORADO
_________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
APPROVED AS TO FORM:
_________________________________
Carmen Beery, Town Attorney
AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES
Meeting Date: August 15, 2017 Prepared By: Katrina Harms Dept: DDA Consent ☐ Information ☐ Action ☒ Discussion ☐
AGENDA ITEM: Approval of a resolution approving an election called by the Nederland Downtown Development Authority (NDDA) for November 7, 2017.
SUMMARY:
Attached for the Board’s consideration is a resolution to refer to the voters of the Nederland Downtown Development Authority a question to authorize debt in support of projects and programs in the downtown district. The DDA Board approved the question at their July 27, 2017 meeting. Also attached is the associated financial scenario approved by the DDA, which includes a request for about $2.3 million in project funding, with an overall 20-year repayment of $3.7 million, conservatively anticipated. All of the projects on these lists are in line with the DDA’s Plan of Development, a document that governs all expenditures within the district and further described in its Master Plan (the draft of which is attached), as well as identified priorities of the DDA and the Board of Trustees, furthering the Master Infrastructure Plan, Comprehensive Plan and other elements of the #NedZero program. It should be noted that once voters approve the debt authorization, the DDA would still need approval from the Board of Trustees for each loan it seeks for each DDA project or refinancing. Many of the projects from the last debt authorization in 2012 were funded by inter-fund loans from water fund reserves, which have all been repaid so far. The last remaining loan that was for $340,000 will be paid off before the end of 2017 and was for the completion of the NedPeds multi-modal pathway and storm water project, completed the beginning of this summer. Since the DDA’s 2005 inception, it has funded the initial sidewalk program throughout downtown, the update of the DDA Master Plan, design and pending construction of the new pathways and storm water program at 2nd Street/Highway 72, the holiday lighting program, downtown flowers for the summer season and other smaller initiatives. The DDA (or at least its ability to capture the reallocated
incremental property taxes that make up its TIF funding) has a 30-year life, with the ability to extend that time frame briefly by vote (C.R.S. §31-25-807 et seq). That means the Nederland DDA expires in 2035, unless extended. The attached ballot question will be put before the electors of the DDA district, which include property owners and tenants within the DDA’s boundaries. Per Ordinance 702 (adopted on January 3, 2012), the district’s boundaries exclude residential and agricultural properties. Thus, owners of residential and agricultural property located within the DDA’s boundaries will not vote on DDA-related items in the April election. HISTORY AND PREVIOUS BOARD ACTION:
In 2005, DDA voters approved the DDA district. A 5-mill property tax levy for the district was also approved at that time for seven years. In 2012, DDA voters approved an extension of the 5-mill levy to 2019, as well as debt authorization to support the NedPeds pathways project set for completion this year, as well as updating of the DDA Master Plan and other projects and programs. Much of the approved expenditures from the 2012 debt authorization have been expended or will be in 2016. At their Jan. 20, 2016 meeting, the DDA adopted a resolution to formally request the Board of Trustees to call an election of the DDA electorate to consider the ballot question for debt authorization of $2.9 million, with repayment of about $5.1 million. That election was held in April 2016 and the question lost by 4 votes. ATTACHMENTS:
1) Resolution 2017-__, authorizing the Board of Trustees to refer to ballot a question for DDA debt authorization
2) Attached to Resolution 2017-01 is the DDA Resolution that includes the ballot language
3) Project sheet, for inclusion in the debt authorization
4) Financial analysis FINANCIAL CONSIDERATIONS:
The DDA Board approved a spending program worth about $2.3 million, with overall repayment of $3.7 million. Attached is an amortization schedule for a 20- year debt instrument and 6% interest which is conservative in the municipal market.The DDA will access its tax increment financing tool (TIF) to repay debt incurred for project, a requirement for use of TIF funds. This may be via loans or
bonds. The DDA does not have a bond rating, as it has not taken out bonds, but the Town of Nederland maintains a prime bond rating (A2) on its 2003 general obligation bond for the Community Center, and would allow for favorable lending conditions. Without approval of the debt authorization for projects stemming from the Master Plan update, the DDA would not be able to develop future initiatives until a future election approval.
1
RESOLUTION R-2017- _______
A RESOLUTION APPROVING AN ELECTION CALLED BY THE NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY FOR NOVEMBER 7, 2017. _________________________________________________________________________________
WHEREAS, the Town of Nederland, Colorado (the “Town”) is a statutory town duly
existing under the Constitution and laws of the State of Colorado; and
WHEREAS, the Nederland Downtown Development Authority, in the Town of Nederland, State of Colorado (the “Authority”), is a body corporate duly organized and existing under laws of the State of Colorado; and
WHEREAS, the Board of Trustees of the Town (the “Board”) has heretofore approved the Plan of Development (the “Plan”) for the Authority; and
WHEREAS, the interest of the Authority and the public interest and necessity demand and require the financing of certain development projects described in the Plan (the “Project”); and
WHEREAS, Article X, Section 20 of the Colorado Constitution (“TABOR”) requires voter approval for the creation of any debt; and
WHEREAS, the Plan contemplates the use of tax increment revenues as provided in Section 31-25-807(3), C.R.S., to finance the costs of development projects described in the Plan; and
WHEREAS, pursuant to Section 31-25-807(3)(b), C.R.S., the Town may irrevocably pledge such tax increment revenues to the payment of bonds, loans, advances or indebtedness if a question of issuing same is first submitted for approval to the qualified electors of the Authority at a special election held for those purposes; and
WHEREAS, Section 31-25-807(3)(b) C.R.S. further provides that such election shall be called by resolution of the Authority and approved by the Board at least 30 days prior to the election; and
WHEREAS, TABOR requires elections on ballot issues (as defined in TABOR) to be held on limited election days; and
WHEREAS, November 7, 2017, is one of the election dates at which ballot issues may be submitted pursuant to TABOR; and
WHEREAS, it is necessary for the Board to approve the election called by the Authority.
1
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND, COLORADO:
Section 1. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. All terms used herein and not otherwise defined shall have the meanings set forth in Title 31, Article 25, Part 8, C.R.S. (the “Act”) or Title 1, Articles 1 to 13, C.R.S., (the “Election Code”).
Section 2. The Town hereby approves the holding of the election by the Authority in the manner prescribed by resolution of the Authority attached hereto as Exhibit A, such election held to authorize the issuance of financial obligations by the Town and the pledging of tax increment revenues to the payment of such financial obligations by the Town pursuant to the ballot question set forth in the resolution of the Authority attached hereto as Exhibit A.
Section 3. If any section, subsection, paragraph, clause, or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable.
Section 4. All orders, resolutions, bylaws, ordinances or regulations of the Town, or parts thereof, inconsistent with this ordinance are hereby repealed to the extent only of such inconsistency.
Section 5. The Town Board finds and declares that this Resolution is promulgated and adopted for the public health, safety and welfare and this Resolution bears a rational relation to the legislative object sought to be obtained.
Introduced and passed by a vote of ____ for and ____ against, this ____ day of August,
2017.
2
TOWN OF NEDERLAND, COLORADO
By______________________________
Mayor
ATTEST: ____________________________ Town Clerk
NDDA RESOLUTION R-2017-___
A RESOLUTION SUBMITTING TO THE QUALIFIED ELECTORS OF THE TOWN OF NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY, AT THE ELECTION TO BE HELD NOVEMBER 7, 2017, A BALLOT ISSUE AUTHORIZING DEBT OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
WHEREAS, the Nederland Downtown Development Authority, in the Town of Nederland,
State of Colorado (the “Authority”), is a body corporate duly organized and existing under laws of
the State of Colorado; and
WHEREAS, the members of the Board of the Authority (the “Board”) have been duly
appointed and qualified; and
WHEREAS, the Board of Trustees (the “Board”) of the Town of Nederland (the “Town”)
has heretofore approved the Plan of Development (the “Plan”) for the Authority; and
WHEREAS, the interest of the Authority and the public interest and necessity demand and
require the financing of certain development projects described in the Plan (the “Project”); and
WHEREAS, Article X, Section 20 of the Colorado Constitution (“TABOR”) requires voter
approval for the creation of any debt or mill levy increase; and
WHEREAS, pursuant to Section 31-25-807(3)(b), C.R.S., the Board may call an election on
the question of issuing bonds or otherwise providing for loans, advances or indebtedness (“Financial
Obligations”) and pledging the tax increment revenues to the payment of such Financial Obligations;
and
WHEREAS, the estimated cost of the Project is approximately $2,924,000; and
WHEREAS, TABOR requires elections on ballot issues (as defined in TABOR) to be held
on limited election days; and
WHEREAS, November 7, 2017, is one of the election dates of the Town at which ballot
issues may be submitted pursuant to TABOR; and
WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the
election; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY:
2
Section 1. All actions heretofore taken not inconsistent with the provisions of this
Resolution by the Authority and the officers thereof, directed towards the election and the objects
and purposes herein stated are hereby ratified, approved and confirmed. All terms used herein and
not otherwise defined shall have the meanings set forth in Title 31, Article 25, Part 8, C.R.S. (the
“Act”) or Title 31, Articles 10, C.R.S., (the “Municipal Election Code”).
Section 2. Pursuant to TABOR, the Municipal Election Code and the Act, the Board
hereby determines to call an election to be conducted on November 7, 2017, as an independent mail
ballot election (the “Election”). The Board hereby determines that at the Election to be held on
November 7, 2017, there shall be submitted to the qualified electors of the Authority the question set
forth in Section 3 hereof. Because the Election will be held as an independent mail ballot election,
the Authority hereby determines that the Micki Mills, Collins Cockrel & Cole, P.C., shall conduct
the Election on behalf of the Authority and act as designated election official.
Section 3. The Board hereby authorizes and directs the designated election official to
submit to the qualified electors of the Authority at the Election the ballot question in substantially
the following form:
SHALL TOWN OF NEDERLAND DEBT BE INCREASED $2,924,000 WITH A REPAYMENT COST OF $5,110,570, FOR THE PURPOSE OF FINANCING OR REFINANCING THE COSTS OF DEVELOPMENT PROJECTS TO BE UNDERTAKEN BY OR ON BEHALF OF THE NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY PURSUANT TO THE NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY PLAN OF DEVELOPMENT, AS IT MAY BE AMENDED FROM TIME TO TIME, AND APPLICABLE PROVISIONS OF COLORADO LAW; SUCH PROJECTS WILL MEET THE OVERALL OBJECTIVES OF THE NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY AS STATED IN THE 2017 MASTER PLAN:
• STUDY, DESIGN AND CONSTRUCTION OF PARKING AND
MULTI- MODAL TRAFFIC FLOW IMPROVEMENTS, INCLUDING MAINTENANCE AND PROJECT MANAGEMENT, IN THE DOWNTOWN AREA, SUCH AS PATHWAYS, PARKS AND MIDDLE BOULDER CREEK CROSSING;
• STUDY, DESIGN AND CONSTRUCTION OF IMPROVEMENTS, AND MITIGATION OF ECOLOGICAL AREAS, RELATED TO THE MIDDLE BOULDER CREEK; AND
• PROGRAMMING, BEAUTIFICATION AND ENHANCEMENT OF NEDERLAND'S BUSINESS DISTRICTS;
3
SUCH DEBT AND THE INTEREST THEREON TO BE PAYABLE FROM AND SECURED BY A PLEDGE OF THE SPECIAL FUND OF THE TOWN WHICH SHALL CONTAIN TAX INCREMENT REVENUES OF THE AUTHORITY LEVIED AND COLLECTED WITHIN THE BOUNDARIES OF THE AUTHORITY; SUCH DEBT TO BE EVIDENCED BY BONDS, NOTES, LOANS OR OTHER INDEBTEDNESS TO BE SOLD IN ONE SERIES OR MORE, ON TERMS AND CONDITIONS, AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM OF NOT MORE THAN 3% OF THE PRINCIPAL AMOUNT SO REDEEMED; AND SHALL THE TOWN AND THE AUTHORITY BE AUTHORIZED TO COLLECT, RETAIN AND SPEND THE TAX INCREMENT REVENUES, THE BOND PROCEEDS AND INVESTMENT INCOME THEREON AS A VOTER-APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION (TABOR), OR ANY OTHER LAW?
Section 4. The officers of the Authority and the Town shall be, and they hereby are,
authorized and directed to take all action necessary or appropriate to effectuate the provisions of this
Resolution.
Section 5. If a majority of the votes cast on the questions of increasing Town debt and
taxes for the purposes specified in the Plan submitted at the Election shall be in favor of same, the
Town, acting on behalf of the Authority, shall be authorized to proceed with the necessary action to
comply with such questions.
Section 6. Any authority to increase Town debt and increase taxes, if conferred by the
results of the Election, shall be deemed and considered a continuing authority to increase Town debt
and taxes, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall
be considered as exhausting or limiting the full authority so conferred.
Section 7. If any section, subsection, paragraph, clause, or provision of this resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, subsection, paragraph, clause, or provision shall in no manner affect any remaining
provisions of this resolution, the intent being that the same are severable.
Section 8. All orders, resolutions, bylaws, ordinances or regulations of the Authority, or
parts thereof, inconsistent with this resolution are hereby repealed to the extent only of such
BeginningTIFBalance - 22,018 86,446 134,307 190,321 122,478 118,363 148,612 193,268 160,685 132,907 66,608Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual(todate) Forecast Forecast