Town of Nederland TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 April 19, 2016, 7:00 P.M. AGENDA A. CALL TO ORDER – 7:00 PM B. ROLL CALL C. CONSENT AGENDA 1. Approval of April 19, 2016 Accounts Payable, Schedule A 2. Approval of April 19, 2016 Accounts Payable, Schedule B 3. Approval of March 15, 2016 Regular Meeting Minutes 4. Approval of Resolution 2016-08 adopting the Boulder County Hazard Mitigation Plan D. STAFF REPORTS 1. Alisha Reis, Town Administrator 2. LauraJane Baur, Town Clerk 3. Paul Carrill, Town Marshal 4. Chris Pelletier, Public Works Manager 5. Dawn Baumhover, Community Center Coordinator E. BOARD OF TRUSTEE REPORTS To include final remarks of outgoing Board members 1. Mayor’s Report 2. Trustees’ Reports F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes) G. INFORMATION ITEMS 1. Report on 2016 Nederland election results H. ACTION ITEMS 1. Swearing in newly elected Mayor and Trustees <<BOT Packet 04.19.2016 >>Page 1 of 210
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Town of Nederland
TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING
NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 April 19, 2016, 7:00 P.M.
AGENDA
A. CALL TO ORDER – 7:00 PM
B. ROLL CALL
C. CONSENT AGENDA 1. Approval of April 19, 2016 Accounts Payable, Schedule A 2. Approval of April 19, 2016 Accounts Payable, Schedule B 3. Approval of March 15, 2016 Regular Meeting Minutes 4. Approval of Resolution 2016-08 adopting the Boulder County Hazard Mitigation
Plan
D. STAFF REPORTS 1. Alisha Reis, Town Administrator 2. LauraJane Baur, Town Clerk 3. Paul Carrill, Town Marshal 4. Chris Pelletier, Public Works Manager 5. Dawn Baumhover, Community Center Coordinator E. BOARD OF TRUSTEE REPORTS
To include final remarks of outgoing Board members 1. Mayor’s Report 2. Trustees’ Reports F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes)
G. INFORMATION ITEMS 1. Report on 2016 Nederland election results
H. ACTION ITEMS 1. Swearing in newly elected Mayor and Trustees
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Town of Nederland
2. Recognition of outgoing Board members 3. Appointment of new Trustee to serve out vacancy left by Larsen’s election as
Mayor (2-year term) 4. Appointment of Trustee Charles Wood as Mayor Pro Tem 5. Resolution 2016-09, re-appointing Alisha Reis as Town Administrator 6. Resolution 2016-10, re-appointing Alisha Reis as Zoning Administrator 7. Resolution 2016-11, re-appointing LauraJane Baur as Town Clerk 8. Resolution 2016-12, re-appointing Paul Carrill as Town Marshal 9. Resolution 2016-13, re-appointing Carmen Beery as Town Attorney 10. Resolution 2016-14, re-appointing Donna Schneider as Town Prosecutor 11. Resolution 2016-15, re-appointing David Gloss as Municipal Judge
12. Approval of the 2-year extension of Judge Gloss’ contract 13. Consideration of approval of contract with Accountemps for accounting services 14. Consideration of approval of contract with MW Golden to build new Town Shop
I. DISCUSSION ITEMS
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.
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 23/25/2016 3:17pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description23 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023737000761-16 $765.44 $0.0002/29/16 ($4,025.44)Treatment Chemicals 03/10/16 40-45-5525$765.44 Minor Supplies (bugs/che
Water Fund189 HD Supply Waterworks LTD., PO BOX 28330, St Louis, MO, 63146E995431 $2,048.64 $0.0002/03/16 ($2,048.64)Hydrants 02/13/16 50-45-6550$2,048.64 Infrastructure Improveme
$2,048.64295 Zenner Performance, PO BOX 895, Banning, CA, 922200030740-IN $211.47 $0.0002/25/16 ($584.06)Stealth 03/06/16 50-45-5530$211.47 Minor Supplies (infrastruc
$211.47
$2,260.11Total Water Fund
Total Bills To Pay: $10,511.41
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 14/1/2016 2:29pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
General Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $151.45 $0.0011/27/15 $10,365.61Payroll from 11/7/2015 to 11/20/2015 12/07/15 10-00-2020$5,125.08 Other Employee BenefitsPR463 $5,125.08 $0.0012/11/15 $10,365.61Payroll from 11/21/2015 to 12/4/2015 12/21/15 10-00-2020$5,125.08 Other Employee BenefitsPR476 $5,184.08 $0.0012/25/15 $10,365.61Payroll from 12/5/2015 to 12/18/2015 01/04/16 10-00-2020$5,184.08 Other Employee BenefitsPR489 $5,154.58 $0.0001/08/16 $10,278.20Payroll from 12/19/2015 to 1/1/2016 01/18/16 10-00-2020$5,154.58 Other Employee BenefitsPR499 $4,847.08 $0.0001/22/16 $10,278.20Payroll from 1/2/2016 to 1/15/2016 02/01/16 10-00-2020$4,847.08 Other Employee BenefitsPR541 $3,215.50 $0.0002/05/16 $10,278.20Payroll from 1/16/2016 to 1/29/2016 02/15/16 10-00-2020$4,376.98 Other Employee Benefits
$23,677.77
$23,677.77Total General Fund
Community Center Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $18.47 $0.0011/27/15 $1,249.96Payroll from 11/7/2015 to 11/20/2015 12/07/15 20-00-2020$624.98 Other Employee BenefitsPR463 $624.98 $0.0012/11/15 $1,249.96Payroll from 11/21/2015 to 12/4/2015 12/21/15 20-00-2020$624.98 Other Employee BenefitsPR476 $624.98 $0.0012/25/15 $1,249.96Payroll from 12/5/2015 to 12/18/2015 01/04/16 20-00-2020$624.98 Other Employee BenefitsPR489 $624.98 $0.0001/08/16 $1,253.38Payroll from 12/19/2015 to 1/1/2016 01/18/16 20-00-2020$624.98 Other Employee BenefitsPR499 $624.98 $0.0001/22/16 $1,253.38Payroll from 1/2/2016 to 1/15/2016 02/01/16 20-00-2020$624.98 Other Employee BenefitsPR541 $0.00 $0.0002/05/16 $1,253.38Payroll from 1/16/2016 to 1/29/2016 02/15/16 20-00-2020$624.98 Other Employee Benefits
$2,518.39
$2,518.39Total Community Center Fund
Sewer Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $23.04 $0.0011/27/15 $1,559.44Payroll from 11/7/2015 to 11/20/2015 12/07/15 40-00-2020$779.72 Other Employee BenefitsPR463 $779.72 $0.0012/11/15 $1,559.44Payroll from 11/21/2015 to 12/4/2015 12/21/15 40-00-2020$779.72 Other Employee BenefitsPR476 $779.72 $0.0012/25/15 $1,559.44Payroll from 12/5/2015 to 12/18/2015 01/04/16 40-00-2020$779.72 Other Employee BenefitsPR489 $779.72 $0.0001/08/16 $1,563.71Payroll from 12/19/2015 to 1/1/2016 01/18/16 40-00-2020$779.72 Other Employee BenefitsPR499 $779.72 $0.0001/22/16 $1,563.71Payroll from 1/2/2016 to 1/15/2016 02/01/16 40-00-2020$779.72 Other Employee BenefitsPR541 $0.00 $0.0002/05/16 $1,563.71Payroll from 1/16/2016 to 1/29/2016 02/15/16 40-00-2020$747.02 Other Employee Benefits
$3,141.92
$3,141.92Total Sewer Fund
Water Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $23.04 $0.0011/27/15 $1,559.44Payroll from 11/7/2015 to 11/20/2015 12/07/15 50-00-2020$779.72 Other Employee Benefits
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 24/1/2016 2:29pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account DescriptionPR463 $779.72 $0.0012/11/15 $1,559.44Payroll from 11/21/2015 to 12/4/2015 12/21/15 50-00-2020$779.72 Other Employee BenefitsPR476 $779.72 $0.0012/25/15 $1,559.44Payroll from 12/5/2015 to 12/18/2015 01/04/16 50-00-2020$779.72 Other Employee BenefitsPR489 $779.72 $0.0001/08/16 $1,563.71Payroll from 12/19/2015 to 1/1/2016 01/18/16 50-00-2020$779.72 Other Employee BenefitsPR499 $779.72 $0.0001/22/16 $1,563.71Payroll from 1/2/2016 to 1/15/2016 02/01/16 50-00-2020$779.72 Other Employee BenefitsPR541 $0.00 $0.0002/05/16 $1,563.71Payroll from 1/16/2016 to 1/29/2016 02/15/16 50-00-2020$747.02 Other Employee Benefits
$3,141.92
$3,141.92Total Water Fund
Total Bills To Pay: $32,480.00
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 14/4/2016 11:15am
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
General Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $285.19 $3,600.0012/28/15 $392.53phone - december 01/07/16 10-12-5232$285.19 Phone12282015 $85.95 $1,050.0012/28/15 $18.60phone - december 01/07/16 10-12-5233$85.95 Internet12282015 $53.98 $0.0012/28/15 ($848.27)phone - december 01/07/16 10-13-5232$53.98 Phone12282015 $199.85 $1,800.0012/28/15 ($638.63)phone - december 01/07/16 10-18-5232$199.85 Phone12282015 $85.95 $1,050.0012/28/15 $18.60phone - december 01/07/16 10-18-5233$85.95 Internet12282015 $32.67 $650.0012/28/15 $260.13phone - december 01/07/16 10-20-5232$32.67 Phone12282015 $66.00 $800.0012/28/15 $16.00phone - december 01/07/16 10-20-5233$66.00 Internet
$809.59
$809.59Total General Fund
Community Center Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $203.78 $2,800.0012/28/15 $79.45phone - december 01/07/16 20-25-5232$203.78 Phone12282015 $115.95 $1,500.0012/28/15 $108.60phone - december 01/07/16 20-25-5233$115.95 Internet
$319.73
$319.73Total Community Center Fund
Sewer Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $67.78 $1,200.0012/28/15 $367.61phone - december 01/07/16 40-45-5232$67.78 Phone12282015 $86.95 $1,000.0012/28/15 ($35.40)phone - december 01/07/16 40-45-5233$86.95 Internet
$154.73
$154.73Total Sewer Fund
Water Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $77.54 $1,000.0012/28/15 $98.79phone - december 01/07/16 50-45-5232$77.54 Phone12282015 $86.95 $1,000.0012/28/15 ($35.40)phone - december 01/07/16 50-45-5233$86.95 Internet
$164.49
$164.49Total Water Fund
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 24/4/2016 11:15am
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
Total Bills To Pay: $1,448.54
Schedule A
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Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 14/7/2016 8:43am
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
General FundAnchor Point Group LLC, 2131 Upland Ave, Boulder, CO, 80304
2016.012 $1,125.00 $0.0003/31/16 ($1,889.95)Analysis of wildfire threat / Viability of Big Sprin 03/31/16 10-12-5190$1,125.00 Other
$1,125.00CEC Deposit Trust, PO Box 173704, Denver, CO, 80217
0101206-1676 $3,897.90 $0.0001/22/16 ($3,897.90)Community Solar Array Production 01/22/16 10-99-9402$3,897.90 TARP
$3,897.90Nederland High School, Attn: After Prom, 597 County Road 130, Nederland, CO, 80466
2016-04-04 $500.00 $0.0004/04/16 ($4,950.00)After Prom Party 04/04/16 10-11-5890$500.00 Goodwill
$500.00Steven Karowe, PO Box 615, Nederland, CO, 80466
2016-04-01 $149.00 $0.0004/01/16 ($3,735.00)Sustainability Grant - Residental Rebate 04/01/16 10-99-9401$149.00 Boulder County Sustaina
$149.007 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565x03202 $48.09 $0.0003/12/16 ($137.80)Cell Phone 03/27/16 10-18-5234$48.09 Cell Phone827619565x03202 $67.33 $0.0003/12/16 ($192.93)Cell Phone 03/27/16 10-20-5234$67.33 Cell Phone
$115.4211 Boulder County, PO BOX 471, Boulder, CO, 8030612774 $33,000.00 $0.0002/22/16 ($33,000.00)2016 Dispatch Fees 03/23/16 10-18-5118$33,000.00 Boulder County Commun
$33,000.0033 Interwest Safety Supply, PO BOX 31, Provo, UT, 846039705 $95.45 $0.0003/10/16 ($1,285.38)sign 03/30/16 10-20-5535$95.45 Minor Supplies (signs)9871 $95.36 $0.0003/18/16 ($1,285.38)Sign 04/07/16 10-20-5535$95.36 Minor Supplies (signs)
$310.9751 Cash, PO BOX 396, Nederland, CO, 804662016-03-31 $66.00 $0.0003/31/16 ($66.00)Petty Cash - Town Hall 03/31/16 10-12-5220$66.00 Trash Services
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 24/7/2016 8:43am
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description2016-03-31 $68.85 $0.0003/31/16 ($68.85)Petty Cash - Town Hall 03/31/16 10-14-5710$68.85 Postage/Shipping2016-03-31 $8.90 $0.0003/31/16 ($23.15)Petty Cash - Town Hall 03/31/16 10-18-5710$8.90 Postage/Shipping
$143.7554 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477493716664 $144.32 $0.0003/15/16 ($723.50)Gas / Electric 03/25/16 10-12-5230$144.32 Electric493716664 $80.34 $0.0003/15/16 ($397.52)Gas / Electric 03/25/16 10-12-5231$80.34 Gas493716664 $118.41 $0.0003/15/16 ($556.61)Gas / Electric 03/25/16 10-13-5230$118.41 Electric493716664 $57.99 $0.0003/15/16 ($260.17)Gas / Electric 03/25/16 10-13-5231$57.99 Gas493716664 $106.62 $0.0003/15/16 ($479.56)Gas / Electric 03/25/16 10-18-5230$106.62 Electric493716664 $100.29 $0.0003/15/16 ($495.02)Gas / Electric 03/25/16 10-18-5231$100.29 Gas493716664 $420.31 $0.0003/15/16 ($1,754.18)Gas / Electric 03/25/16 10-20-5230$420.31 Electric493716664 $221.51 $0.0003/15/16 ($1,094.14)Gas / Electric 03/25/16 10-20-5231$221.51 Gas493716664 $71.89 $0.0003/15/16 ($921.75)Gas / Electric 03/25/16 10-99-5230$71.89 Electric
$1,321.6857 Business Connection, PO BOX 3277, Nederland, CO, 8046694734 $6.38 $0.0002/22/16 ($424.37)Receipt Book - TH 03/03/16 10-12-5410$6.38 Office Supplies94750 $69.50 $0.0002/26/16 ($79.25)Budget Book Binding 03/07/16 10-12-5770$69.50 Printing/Copying94802 $8.93 $0.0003/07/16 ($79.25)Binding 03/17/16 10-12-5770$8.93 Printing/Copying94722 $10.50 $0.0002/19/16 ($1,485.67)Paper for Elections 02/29/16 10-14-5175$10.50 Elections94788 $31.50 $0.0003/04/16 ($1,485.67)Secrecy Sleeve Paper 03/14/16 10-14-5175$31.50 Elections
$1,043.67336 Northern Safey and Industrial, PO Box 4250, Utica, NY, 13504901827223 $396.79 $0.0002/29/16 ($526.47)safety supplies 03/30/16 10-20-5520$396.79 Minor Supplies (tools)
$396.79387 High Country Workplace Tech, PO Box 1226, Arvada, CO, 800010135491-IN $252.50 $0.0003/21/16 ($1,889.95)Moved Phones at Town Hall 04/20/16 10-12-5190$252.50 Other
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 34/7/2016 8:43am
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
$252.50
$74,067.69Total General Fund
Community Center Fund46 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-02 $460.79 $0.0002/16/16 ($574.58)office supplies 02/26/16 20-25-5410$460.79 Office Supplies
$460.7954 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477493716664 $1,084.03 $0.0003/15/16 ($2,251.38)Gas / Electric 03/25/16 20-25-5230$1,084.03 Electric493716664 $688.26 $0.0003/15/16 ($3,834.56)Gas / Electric 03/25/16 20-25-5231$688.26 Gas493716664 $89.22 $0.0003/15/16 ($178.88)Gas / Electric 03/25/16 20-25-5235$89.22 Street Lights
$1,861.51
$2,322.30Total Community Center Fund
Sewer FundAmerican Water Works Association, PO Box 972997, Dallas, TX, 75397-2997
1321798 $70.53 $0.0003/15/16 ($140.53)text book 03/15/16 40-45-5810$70.53 Conference/Training
$70.537 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565x03202 $62.51 $0.0003/12/16 ($179.15)Cell Phone 03/27/16 40-45-5234$62.51 Cell Phone
$3.7654 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477493716664 $3,233.21 $0.0003/15/16 ($16,897.41)Gas / Electric 03/25/16 40-45-5230$3,233.21 Electric
$3,233.21
$3,370.01Total Sewer Fund
Water Fund7 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565x03202 $62.51 $0.0003/12/16 ($179.15)Cell Phone 03/27/16 50-45-5234$62.51 Cell Phone
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 44/7/2016 8:43am
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description16-010 $1,900.00 $0.0003/12/16 ($9,056.12)Caribou Pump Station 03/22/16 50-45-5510$1,900.00 Equipment Maintenance
$1,900.0023 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023737000965-16 $1,279.21 $0.0003/15/16 ($1,817.58)Treatment Chemicals 03/25/16 50-45-5525$1,279.21 Minor Supplies (bugs/che737000966-16 $179.50 $0.0003/15/16 ($1,817.58)chlorine 03/25/16 50-45-5525$179.50 Minor Supplies (bugs/che
$810.0218 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872015-03 $7.23 $0.0002/29/16 ($587.60)Feb Long Distance 03/10/16 10-12-5232$7.23 Phone2015-03 $5.64 $0.0002/29/16 ($408.92)Feb Long Distance 03/10/16 10-18-5232$5.64 Phone2015-03 $1.50 $0.0002/29/16 ($70.30)Feb Long Distance 03/10/16 10-20-5232$1.50 Phone
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 23/29/2016 12:46pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
$14.3733 Interwest Safety Supply, PO BOX 31, Provo, UT, 846039499 $1,094.57 $0.0002/29/16 ($1,094.57)03/20/16 10-20-5535$1,094.57 Minor Supplies (signs)
$200.0053 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-02a $42.85 $0.0003/01/16 ($154.85)Trash Services for Feb 03/16/16 10-20-5220$42.85 Trash Services2016-02a $215.00 $0.0003/01/16 ($4,439.61)Trash Services for Feb 03/16/16 10-20-6100$215.00 Building
$257.8554 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477491880895 $1,347.94 $0.0003/01/16 ($2,721.63)Streetlights 03/11/16 10-20-5235$1,347.94 Street Lights
$1,347.9473 United Systems Technology, Inc., PO BOX 204814, Dallas, TX, 75320-481487029 $13.76 $0.0002/29/16 ($31.36)eBill 03/10/16 10-12-5730$13.76 Credit Card fees
$13.7676 General Air Service & Supply, 1105 Zuni Street, Denver, CO, 80204-333891804405-1 $41.22 $0.0002/29/16 ($85.29)Cylinder Rental 03/10/16 10-20-5470$41.22 Leased Equipment
$41.22165 Law Enforcement Systems, Inc., PO BOX 1835, Corsicana, TX, 75151-1835192921 $99.00 $0.0002/19/16 ($1,001.26)Supplies 02/29/16 10-18-5410$99.00 Office Supplies
Community Center Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-02 $204.70 $0.0002/29/16 ($456.90)Phone 03/10/16 20-25-5232$204.70 Phone2016-02 $115.95 $0.0002/29/16 ($231.90)Phone 03/10/16 20-25-5233$115.95 Internet
$320.6518 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872015-03 $4.81 $0.0002/29/16 ($456.90)Feb Long Distance 03/10/16 20-25-5232$4.81 Phone
$4.8153 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-02a $119.25 $0.0003/01/16 ($238.50)Trash Services for Feb 03/16/16 20-25-5220$119.25 Trash Services
$119.25
$444.71Total Community Center Fund
Sewer FundRocky Mountain Power Generation, Inc, 6301 N Broadway, Denver, CO, 80216
$547.2717 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-02 $68.85 $0.0002/29/16 ($142.40)Phone 03/10/16 40-45-5232$68.85 Phone2016-02 $86.95 $0.0002/29/16 ($173.90)Phone 03/10/16 40-45-5233$86.95 Internet
$155.8018 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872015-03 $3.93 $0.0002/29/16 ($142.40)Feb Long Distance 03/10/16 40-45-5232$3.93 Phone
$3.9323 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 43/29/2016 12:46pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description737000702-16 $740.97 $0.0002/23/16 ($4,766.41)Treatment Chemicals 03/04/16 40-45-5525$740.97 Minor Supplies (bugs/che
$740.9753 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-02a $112.00 $0.0003/01/16 ($219.00)Trash Services for Feb 03/16/16 40-45-5220$112.00 Trash Services
Water Fund11 Boulder County, PO BOX 471, Boulder, CO, 8030612719 $63.48 $0.0002/16/16 ($97.47)January Fuel 03/17/16 50-45-5515$63.48 Fuel
$63.4817 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-02 $77.86 $0.0002/29/16 ($160.77)Phone 03/10/16 50-45-5232$77.86 Phone2016-02 $86.95 $0.0002/29/16 ($173.90)Phone 03/10/16 50-45-5233$86.95 Internet
$164.8118 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872015-03 $3.30 $0.0002/29/16 ($160.77)Feb Long Distance 03/10/16 50-45-5232$3.30 Phone
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 53/29/2016 12:46pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
Total Bills To Pay: $26,971.92
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 14/11/2016 2:31pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
General Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $7.25 $0.0003/31/16 ($879.54)Long Distance 04/10/16 10-12-5232$7.25 Phone2016-03 $3.60 $0.0003/31/16 ($613.02)Long Distance 04/10/16 10-18-5232$3.60 Phone2016-03 $1.50 $0.0003/31/16 ($104.62)Long Distance 04/10/16 10-20-5232$1.50 Phone
$12.3522 Donna Schneider, 512 S. Vance Court, Lakewood, CO, 802262016-03 $412.50 $0.0003/31/16 ($2,812.50)Prosecution Services 04/10/16 10-17-5105$412.50 Court Services
$412.50304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-05612015-04-25 $37.50 $0.0003/31/16 ($562.54)Verbal Communications Class 04/10/16 10-20-5810$37.50 Conference/Training2015-04-25 $75.00 $0.0003/31/16 ($562.54)Verbal Communications Class 04/10/16 10-20-5810$75.00 Conference/Training2016-04-27 $70.00 $0.0003/31/16 ($562.54)Trenching & Excavation Competent Class 04/10/16 10-20-5810$70.00 Conference/Training
$182.50391 Accountemps, PO Box 743295, Los Angeles, CA, 90074-329545443460 $736.00 $0.0004/04/16 ($12,572.00)Evelyn Szprejda 04/19/16 10-12-5125$736.00 Accounting45465733 $2,176.00 $0.0004/05/16 ($12,572.00)Evelyn Szprejda 04/20/16 10-12-5125$2,176.00 Accounting
$2,912.00
$3,519.35Total General Fund
Community Center Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $4.34 $0.0003/31/16 ($666.01)Long Distance 04/10/16 20-25-5232$4.34 Phone
$4.3451 Cash, PO BOX 396, Nederland, CO, 804662016-04-11 $250.00 $0.0004/11/16 ($462.00)Petty Cash - CC 04/11/16 20-00-1003$250.00 Petty Cash
$250.00
$254.34Total Community Center Fund
Sewer Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $2.17 $0.0003/31/16 ($213.61)Long Distance 04/10/16 40-45-5232$2.17 Phone
$2.17304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-05612016-04-27 $70.00 $0.0003/31/16 ($140.53)Trenching & Excavation Competent Class 04/10/16 40-45-5810$70.00 Conference/Training
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 24/11/2016 2:31pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
$70.00
$72.17Total Sewer Fund
Water Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $2.37 $0.0003/31/16 ($241.00)Long Distance 04/10/16 50-45-5232$2.37 Phone
$2.37304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-05612015-04-25 $37.50 $0.0003/31/16 ($628.51)Verbal Communications Class 04/10/16 50-45-5810$37.50 Conference/Training2015-04-25 $75.00 $0.0003/31/16 ($628.51)Verbal Communications Class 04/10/16 50-45-5810$75.00 Conference/Training
$112.50
$114.87Total Water Fund
Total Bills To Pay: $3,960.73
Schedule A
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Town of Nederland
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 14/13/2016 3:19pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 34/14/2016 1:11pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description2016-03-01 $100.00 $0.0003/01/16 ($912.54)Roads 101 03/11/16 10-20-5810$100.00 Conference/Training2016-03-10 $100.00 $0.0003/10/16 ($912.54)Signing, Pavement Markings & MU Class 03/20/16 10-20-5810$100.00 Conference/Training2016-03-29 $150.00 $0.0003/29/16 ($912.54)Permeable Pavements 04/08/16 10-20-5810$150.00 Conference/Training
$1,100.00
$18,183.99Total General Fund
Community Center Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-03 $204.77 $0.0003/28/16 ($666.01)March Phone Bill 04/07/16 20-25-5232$204.77 Phone2016-03 $115.95 $0.0003/28/16 ($347.85)March Phone Bill 04/07/16 20-25-5233$115.95 Internet
$15.7053 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-03 $119.25 $0.0004/01/16 ($357.75)Trash Services 04/16/16 20-25-5220$119.25 Trash Services
$119.2558 Timberline Mechanical, 3195 Sterling Circle, Suite 150, Boulder, CO, 80301SV22841 $998.91 $0.0003/31/16 ($1,274.08)04/15/16 20-25-5205$998.91 Building Maintenance
$998.9199 Safe Systems Inc., 421 S. Pierce Avenue, Louisville, CO, 80027-3019427486 $103.26 $0.0004/01/16 ($1,274.08)CC 04/11/16 20-25-5205$103.26 Building Maintenance
$103.26
$1,557.84Total Community Center Fund
Sewer Fund11 Boulder County, PO BOX 471, Boulder, CO, 8030612904 $123.22 $0.0003/17/16 ($123.22)Feb Fuel 04/16/16 40-45-5515$123.22 Fuel
$123.2217 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-03 $69.04 $0.0003/28/16 ($213.61)March Phone Bill 04/07/16 40-45-5232$69.04 Phone2016-03 $86.95 $0.0003/28/16 ($260.85)March Phone Bill 04/07/16 40-45-5233$86.95 Internet
Water Fund11 Boulder County, PO BOX 471, Boulder, CO, 8030612904 $298.94 $0.0003/17/16 ($396.41)Feb Fuel 04/16/16 50-45-5515$298.94 Fuel
$298.9417 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-03 $77.86 $0.0003/28/16 ($241.00)March Phone Bill 04/07/16 50-45-5232$77.86 Phone2016-03 $86.95 $0.0003/28/16 ($260.85)March Phone Bill 04/07/16 50-45-5233$86.95 Internet
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 54/14/2016 1:11pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description59466 $8,800.00 $0.0002/22/16 ($10,848.64)Big Springs Booster Pump Station 03/03/16 50-45-6550$8,800.00 Infrastructure Improveme
VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance
Council Approval ReportPage 13/25/2016 3:26pm
(Council Approval Report)
Description Due Date Account NumberInvoice Amt Account Description
General Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $413.45 $0.0002/18/16 ($1,627.05)IT Services 02/28/16 10-12-5110$413.45 IT00006954 $367.75 $0.0002/18/16 ($1,095.00)IT Services 02/28/16 10-18-5110$367.75 IT
$781.20
$781.20Total General Fund
Community Center Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $170.00 $0.0002/18/16 ($340.00)IT Services 02/28/16 20-25-5110$170.00 IT
$170.00
$170.00Total Community Center Fund
Water Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $28.05 $0.0002/18/16 ($35.55)IT Services 02/28/16 50-45-5110$28.05 IT
$28.05
$28.05Total Water Fund
Downtown Development Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $22.50 $0.0002/18/16 ($45.00)IT Services 02/28/16 70-75-5110$22.50 IT
$22.50
$22.50Total Downtown Development Fund
Total Bills To Pay: $1,001.75
Schedule B
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Town of Nederland
TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING
NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 March 15, 2016, 7:00 P.M.
MINUTES
A. CALL TO ORDER Meeting convened at 7:16 p.m. B. ROLL CALL Present: Mayor Joe Gierlach, Trustees Topher Donahue, Kevin Mueller, and Charles Wood
Absent: Mayor Pro Tem Peter Fiori, Trustees Kristopher Larsen, and Randy Lee
Also present: Alisha Reis, Town Administrator; LauraJane Baur, Town Clerk; and Chris Pelletier, Public Works Manager
C. CONSENT AGENDA 1. Approval of March 15, 2016 Accounts Payable, Schedule A 2. Approval of March 15, 2016 Accounts Payable, Schedule B 3. Approval of February 16, 2016 Regular Meeting Minutes 4. Approval of Boulder County Zero Waste Grant Contract for recycling, compost
services 5. Approval of IGA for a Boulder County Sustainability Grant for water fountains 6. Consideration of appointment of Charles Wood to Wild Bear Partnership Project
Committee 7. Consideration of Resolution 2016-06 to cancel the April 5 regular Board meeting in
light of municipal elections held that day Motion to approve the Consent Agenda was made by Trustee Wood, seconded by Trustee Donahue, and passed by unanimous approval.
D. STAFF REPORTS 1. Alisha Reis, Town Administrator Reis referred to a public statement that was drawn up by CML Crisis Communications services regarding a current criminal investigation involving the Mayor Pro Tem. Reis also noted that any questions will be answered by the Boulder District Attorney’s Public Information Officer. Statement is attached. Reis continued to report on grants that the Town has received for various projects.
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2. LauraJane Baur, Town Clerk Baur reported that most of her time recently has been spent working towards the upcoming April 5th election and that election preparations are well underway. Baur also noted that the Frozen Dead Guy Days event went well and that she has received quite a bit of positive feedback so far. Baur will have more information on FDGD in her next staff report. Trustee Mueller asked about reports of gas-operated golf carts being used at the event. Reis answered that this will be investigated and reported on after the post-event meeting.
3. Mary Erwin, Town Accountant Reis reported for Erwin, noting that Erwin has been busy working on the 2015 year-end report and preparing for the annual audit.
4. Paul Carrill, Town Marshal With Carrill out of town, Reis reported that coordination with the Colorado Rangers went well for FDGD and that by using their services the policing fees were cut in half.
5. Chris Pelletier, Public Works Manager In addition to his report in the packet, Pelletier noted that Public Works has been working aggressively on the State backflow prevention program. Trustee Mueller asked if a final report on the water treatment plant electricity issue had been received. Pelletier answered that he had and that he is working with Xcel Energy on solutions and will provide a report to the Board soon. Mayor Gierlach asked for clarification regarding the chart on influent flows and if the increase in 2014 was flood-related. Pelletier responded affirmatively, stating that the flood had shifted the ground and damaged pipes along with the effects of the ground water rising, and that another factor was the delay in receiving recovery funding. 6. Dawn Baumhover, Community Center Coordinator In addition to Baumhover’s report in the packet, Reis noted the April 7th Art at the Center and the April 16th 9Health Fair. E. BOARD OF TRUSTEE REPORTS 1. Mayor’s Report Mayor Gierlach noted that his report is in the packet and discusses the Bolder-Boulder race. 2. Trustees’ Reports Trustee Wood said that there will be no NCCF meeting until April. Wood also noted that the CML Policy Committee is addressing affordable housing and tax exemptions. They are also reviewing marijuana definitions between medical and recreational marijuana and trying to align some of those definitions. Mayor Gierlach added a brief discussion regarding gold carts and ATVs, noting that CML will be supporting a bill regarding golf carts in Nederland. Trustee Donahue spoke regarding EcoPass, noting that currently the Chair of the Nederland EcoPass committee is supposed to be the Board Liaison, but that they would like to be able to elect their own Chair. Motion to permit the Nederland EcoPass committee to elect its own Chair was made by Trustee Mueller, seconded by Trustee Donahue, and passed by unanimous voice vote.
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Trustee Donahue informed the Board that the Planning Commission has reviewed a preliminary presentation of a GIS update regarding potential housing building sites. Trustee Mueller reported that the NDDA met with Colorado Downtown Inc. and will be meeting tomorrow to discuss how to roll out the debt authorization question for the ballot. F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes) Chris Perret, of Nederland, spoke regarding light pollution and a marijuana dispensary sign and noted that the sign does not follow recommendations that had been made by the Marijuana Task Force. Trustee Donahue stated that the Town cannot dictate the rules based upon the content of signs, policy must be made and followed uniformly. Reis noted that the Town is working through a potential ordinance based upon the Dark Sky Initiative. G. INFORMATIONAL ITEMS 1. Proclamation recognizing April 22 as Earth Day Mayor Gierlach read the Proclamation. H. ACTION ITEMS 1. Consideration of Resolution 2016-07 Declaring Nederland a LiveWell HEAL
Town Mayor Gierlach introduced Julie George of LiveWell Colorado, who gave a presentation including a video and Power Point (Attached). Trustee Mueller inquired about grants for showers at the Nederland Community Center. Public Comment: Julie Gustafson, of Nederland, asked how LiveWell Colorado bases their success. George responded that it varies with different communities, but that LiveWell is there to help with next steps in Vision 2020 and #NedZero. Perret, of Nederland, said that he feels that it is a good thing and should be approved. Board comments were all in favor of the program, with Trustee Wood adding concern that the newly elected Trustees be updated regarding the program. Motion to approve Resolution 2016-07 was made by Trustee Donahue, seconded by Trustee Mueller, and passed by unanimous approval.
2. Consideration of a water discount proposal for the Community Garden at 1st Street
Elizabeth Allen, community champion for the Nederland Community Garden, introduced the proposal through the information in the packet. Trustee Wood inquired if this was just to be for the year 2016, to which Allen responded affirmatively. Wood then asked if they were requesting the flat $603 as estimated, or the full amount as it ends up. Allen responded that they are requesting just the $603 and that if the total amount is higher, they will cover that amount themselves. Trustee Mueller asked how they will be metering the water. Allen responded that there is a hose meter on a locked spigot and that she will be monitoring the usage.
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Trustee Donahue asked is the current irrigation on site is drip or spray. Allen said that it was underground with PVC pipes and that it appears to never have been blown out and that the spigots are all broken. Irrigation methods and standards for irrigation for future gardens were discussed. Donahue noted that he would like to see low water standards used for the garden. Public Comment: Robert Bentz and Chris Perret, of Nederland, and Christine Deignan, Gillian Collins, Jennifer Klafin, Reba Lemaster, Camille Thorson, and Katrina Harms, of Boulder County, and Cynthia Bakke, of Ward, all spoke in favor of the garden and the water fee discount/waiver. Trustee Wood said he thinks the garden is a good idea and supports the $603 waiver. Mayor Gierlach spoke in support of waiving all fees for the start-up. Trustee Donahue said he would support a 100% waiver with low water usage. Trustee Mueller stated that he is in support and would like to see this type of waiver as a matter of course in the future. Trustee Wood personally pledged $50 in support if the actual bill exceeds the $603 requested. Motion to approve the $603 fee discount/waiver request was made by Trustee Wood, seconded by Trustee Donahue, and passed by unanimous approval.
3. Consideration of a request from Mountain Pickleball & Tennis re: grant match for court resurfacing
Darren Davenport, of Nederland, spoke as a representative of the Mountain Tennis and Pickleball Association (MTPA) and introduced the item per the information provided in the packet. Davenport discussed the use of the courts and the history of the courts. The MTPA is proposing resurfacing the courts in three phases; this grant is for the 1st phase. The grand requires the Town to match funds. Funds have been appropriated in the 2017-2019 CIP budgets, but doing this now would require taking funds from the general fund reserves to support 2016 spending, which would, in turn, cause 50% of the 2019 funding to be unnecessary. Trustee Donahue inquired about the number of people using the courts. Davenport answered that there are 100 members plus out of town guests. Trustee Mueller asked if there were any alternatives to resurfacing. Davenport responded that the alternative would be the deterioration of the courts and the surface becoming dangerous. Public Comment: Perret, of Nederland, wanted to know if the MTPA is providing any of the funding. Davenport noted that the MTPA is sponsoring the application. Trustee Mueller stated that he is in support but would he is not a fan of discarding old surface and would like to see an alternate surface. Trustee Donahue said that he is in support but would like to see it be more self-sustaining and to subsidize low income youth use of the courts. Marylou Harrison, of Boulder County, responded that they are trying to balance the membership fees of senior citizens with those of more affluent members. Trustee Wood suggested that in light of the LiveWell Resolution, the Town should find a way to combine various health and recreations activities as a budget item.
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Town of Nederland
Motion to approve the request from MTPA for a grant match for court resurfacing was made by Trustee Wood, seconded by Trustee Donahue, and passed by unanimous approval.
4. Consideration of approval of State grant funds for repairs to the Town’s sanitary sewer pipelines
Pelletier introduced the item, referencing the information provided in the packet. Pelletier noted that the Waste Water Treatment Plant is exceeding capacity during snowmelt runoff periods in the spring and these repairs will help alleviate this problem. The Town will contract with JVA for engineering, utilizing grant funds, which do not require a local match. Pelletier gave further explanation regarding the process and materials to be used. There was no Public Comment and all Board comments were in support. Motion to approve State grant funds for repairs to the Town’s sanitary sewer pipelines was made by Trustee Mueller, seconded by Trustee Wood, and passed by unanimous approval.
5. Consideration of a plan to convert to LED streetlights with Xcel Energy Reis introduced the item per the information in the packet. Trustee Mueller asked if other performance contractors were considered. Reis responded that they were not due to the fact that these are Xcel lamps, but that the Town can review others if the Board would like. Trustee Wood discussed concerns for future decisions and changes in lighting. Mayor Gierlach questioned the location of lamps, particularly which of the lamps the Town owns vs. these Xcel-owned lamps. After discussion of the program, Trustee Mueller suggested that the Town get a performance contract at a better price and with lumens verification included. The Board recommended studying the issue and financing for alternatives, along with performance contracts. There was no vote taken on this issue. I. ADJOURNMENT
Motion to adjourn was made by Trustee Wood, seconded by Trustee Donahue, and approved by unanimous voice vote. The meeting was adjourned at 9:56 PM.
Approved by the Board of Trustees _________________________________ ATTEST: Joe Gierlach, Mayor ___________________________________ LauraJane Baur, Town Clerk
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STATEMENT from the Town of Nederland, Colorado March 15, 2016 As many of our citizens are aware, a criminal investigation by the District Attorney for Colorado’s Twentieth Judicial District (Boulder County) has resulted in the indictment of a Nederland Town Trustee. We consider it extremely unfortunate that the Town of Nederland has been entangled in this situation, and we urge our citizens to refrain from making any judgment about the circumstances. Doing so would put this community at a greater risk for negative publicity. We cannot, and will not, discuss events that led to this investigation, and as an entity the Town, its administrator and employees will refrain from any comment until the judicial proceedings have been resolved. As a community, Nederland has much to be proud of and we will not let this circumstance define us, or diminish our collective spirit. Attributable to: Alisha Reis Town Administrator
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HEAL Cities & Towns Campaign
Town of Nederland March 15, 2016
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LiveWell Colorado LiveWell Colorado is a non-profit organization committed to reducing obesity in Colorado by promoting healthy eating and active living. In addition to educating and inspiring people to make healthy choices, LiveWell Colorado focuses on policy, environmental and lifestyle changes that remove barriers and increase access to healthy behaviors.
2 Page 8/15
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Obesity in Colorado
3
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5
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Why the Campaign?
Engaging municipal officials in promoting HEAL through policy and environmental change
HEAL in municipal policies = healthy options for residents
Healthy communities = positive economic driver
Focus on low- and no-cost solutions
7
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Campaign Focus Areas
Active Community
Access to Healthy Food
Healthy Workplace
8
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Campaign Benefits • Use of HEAL Cities &
Towns logo • Recognition on web
site • Free technical
assistance & training • Connecting with
resources • Connecting with other
municipalities • Media Assistance • Recognition at CML
Regional Meetings • Plaque to display in
municipal building
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Members of the Campaign
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Success Stories Lafayette – Walk and Wheel grantee
Milliken – Grants for skate park and trail completion
La Junta – Healthy workplace focus & trail plan
9
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To see the full Plan, go to: http://nederlandco.org/government/town-documents/
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MEMORANDUM To: Nederland Board of Trustees CC: Nederland Downtown Development Authority From: Alisha Reis Date: April 15, 2016 Re: Administrator's Report
Welcome, New Board! Town staff is excited to welcome the new members of the Board of Trustees and to congratulate former Trustee Kris Larsen on his election as Mayor. We look forward to working collaboratively with you all. Please do not hesitate to reach out to me with any questions.
Town Clean-up Set for June 4 The annual spring Firewise Town Clean-up Day will be held on Saturday, June 4 at the Boulder County Road & Bridge Yard on Ridge Road. This is the same location as 2015. Materials will be accepted, starting at 7:30 a.m. until noon, or until containers are full.
Recyclables will be free, and trash will be accepted for $10 per load (per pick-up or trailer load). More information will be distributed throughout the community in various ways as the event is finalized.
Ahead of this event, residents are encouraged to work on the defensible spaces around their homes. The Sort Yard
will be accepting slash for free, and the Town can assist in distributing any unwanted firewood.
Attached is the County’s recognition of our 2015 diversion rate of 47%. We believe that was low, due to the fact that we had not recorded information on diverted re-use materials. Nonetheless, we will be targeting diversion from landfills of 50% or more of the materials collected.
Old Town resident Keith Larsen collects bikes for repair and reuse at the 2015
Town Clean‐up. He will again collect bikes and parts at the 2016 event.
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Code Enforcement, Building Services Changes There will be new faces this season to assist the Town with code enforcement and building services. Our previous code official, Sherry Snyder, has moved on to Gilpin County emergency dispatch, so you may still see her around the community. However, our previous building official, Chad Johnson, has headed off to a building official position in Washington state.
Starting with the spring season, Jennifer Nelson has begun in code enforcement. Nelson trained with Snyder before she left, including visiting Nederland and meeting staff members. She comes to the position after 4 ½ years in police records management and 9 years in animal control. She has begun visiting with residents, and will offer a courteous approach to the job, seeking to make personal contact with residents whenever possible. She will also be available via e-mail and phone. We have updated the Town’s information page on code enforcement for the season: http://nederlandco.org/government/town-hall/.
The new building official, Michael Abruzzi, has already assumed building duties. He has served as an inspector and plans examiner for various municipalities and agencies for more than 20 years.
Abruzzi and Nelson are scheduled to present quarterly building and code enforcement updates at the Board’s May 3 meeting, and will be prepared to answer questions.
County Provides Update on Transportation Sales Tax Projects Boulder County has issued a report on the status of the 2007 transportation sales tax, which includes funding for the trail to the high school for Nederland students. The report is attached. The sales tax -- 1/10th of 1% -- support projects around the county, primarily those that are regional in nature and that provide connectivity across communities within the county. The tax sunsets in 2023, unless voters approve an extension.
Our trail project, which completes the trans-community trail from the elementary school to the high school, is in the pre-engineering phase. County transportation staff and contract engineers are updating the design and right-of-way mapping to prepare the project for the assembly
of funding (including match dollars for the sales tax funds) and contracting. Construction is expected in the 2018-2021 timeframe.
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Town, Saws & Slaws Awarded Chipping Grants The Town and local Saws & Slaws community group were awarded chipping reimbursement grants for 2016. The grants support chipping and hauling of slash generated from residents’ work on creating defensible spaces around their homes.
The Saws & Slaws program generally host several monthly events, connecting several neighbors at a time to mitigate fuels. More information on that program is available at: http://sawsandslaws.org/saws/ and https://www.facebook.com/SawsAndSlaws/.
The Town will work with Saws & Slaws and other local volunteer groups to host three curbside slash events in June (Big Springs), July (Old Town/Downtown) and August (Sunnyside/Hilltop). More information will be released as it is finalized.
Update on Town Projects
Bag Fee Ordinance – Enforcement of Ordinance 737, more commonly known as the bag fee ordinance, was set to begin after April 15, the first mandatory quarterly reporting date called for in the ordinance implementation plan. About 30 days prior to this date, Town staff sent letters to businesses who are required to report, reminding them of the impending requirement. Four businesses began reporting during the voluntary reporting period, beginning in January 2016.
Ordinance 737 may be reviewed at: http://nederlandco.org/board-of-trustees/ordinances/.
Town Shop – The project was advertising for bid in late October, prior to the Nov. 3, 2015 election, when Nederland voters overwhelmingly gave their permission for the Town to collect the $800,000 in DOLA grant funds already awarded for the project. As you know, bids subsequently came in much higher than anticipated, though through value engineering work with the apparent low bidder, we were able to find significant savings over bid day.
On Feb. 16, 2016, the Board approved re-approaching DOLA for additional funds (requesting $240,000 additional, with Town cash and in-kind match of roughly one to one). As we discussed in February, we were able to reallocate funding from the 2016 CIP and other sources to support the additional request. Notification of the supplementary funds is expected in the next few weeks. Project elements have been prioritized under the existing funds ($1.6 million), and ordering and permitting is underway.
We are expected to complete the project in 2016, with some portions of the project completed in 2017, with planned 2017 CIP funds.
More information on the project is available at: http://nederlandco.org/ongoing-projects/.
NedPeds – The Board approved on July 7, 2015 to move forward with design changes proposed by F&D International, owner’s representatives hired for the project. After rebidding this fall, the Town received one proposal. The Board accepted the bid and
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approved award of contract at a special meeting on Oct. 13, 2015. The Board approved the contract at its Feb. 16, 2016 meeting.
The project is scheduled for kick off at the end of April and completion in the early summer.
Flood Recovery Work – The Town has submitted all necessary grants reporting and reimbursement requests to the Boulder County Flood Recovery Collaborative for federal pass-through grant funds (CDBG-DR) and expects to soon receive the cash to replenish our capital funds for pipeline and roadway projects. This is the final portion of our flood recovery work. We continue to work with Boulder County in their countywide resiliency planning efforts, with staff participating from several disciplines.
As part of our mission to increase facility resiliency, we are installing a back-up generator at the Community Center, which will operate all aspects of the building for evacuation, food preparation and emergency communications, should we lose power. It has arrived and will be hooked into the facility by the end of the month. This was paid for by federal hazard mitigation funds.
STAR Reporting – Prior to the departure of our two-year Best & Brightest Program intern Alex Armani-Munn, Alex submitted our STAR points for verification and potentially awarding of 3-star status. Unfortunately, STAR’s initial review indicated that we did not submit enough points -- at least 200 verifiable points -- to meet our 3-star goal. We have retracted our submission and are reviewing further opportunities for points to resubmit our application this spring.
Follow-up Information Requests No follow-up information requests were made at the March 15, 2016 meeting.
Upcoming Meetings & Events* Tuesday, April 19 7 p.m. Regular Meeting/ Seating New Board Wednesday, April 20 6:30 p.m. DDA Regular Meeting Thursday, April 21 7 p.m. PROSAB Regular Meeting Saturday, April 23 7 a.m. to Noon 9Health Fair Wednesday, April 27 7 p.m. Planning Commission Regular Meeting Thursday, April 28 7:15 p.m. SAB Regular Meeting Tuesday, May 3 7 p.m. Regular Meeting Wednesday, May 4 8 a.m. Coffee with the Marshal (New Moon) Tuesday, May 17 7 p.m. Regular Meeting
*All events at the Community Center, unless otherwise noted.
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24,880
16,420
8,220
2,068
1,640
1,375
1,335
12
140
WASTE STREAMS collected at Spring Cleanup 2015
POUNDS diverted from landfill
CongratulationsNederland
on your Zero Waste efforts!
LANDFILL Waste64,480 lbs., 32.24 Tons
26%
47% 44%30%
99%87%
N iw o t N e d e rla n d G o ld H ill L y o n s W a rd A lle n s p a rk
DIVERSION RATES(2015 Spring Cleanup results for Boulder County communities)
24,880
16,420
8,220
2,068
1,640
1,375
1,335
12
140
WASTE STREAMS collected at Spring Cleanup 2015
POUNDSdiverted from landfill
Congratulations
on your Zero Waste efforts!
LANDFILL Waste64,480 lbs., 32.24 Tons
26%
47% 44%30%
99%87%
N iw o t N e d e rla n d G o ld H ill L y o n s W a rd A lle n s p a rk
DIVERSION RATES(2015 Spring Cleanup results for Boulder County communities)
MOTOR OIL & ANTIFREEZE
.07 Tons
ELECTRONICS1.03 Tons
MATTRESSES.69 Tons
SLASH8.21 Tons
SCRAP METAL12.44 Tons
TIRES4.11 Tons
RIGID PLASTIC.82 Tons
REFRIGERATORS.67 Tons
STYROFOAM
ELECTRONICSNederland collected more than one TON of electronics such as TVs, CPUs, computer monitors, printers, fax machines, laptops, notebooks, ultra books, net books, electronic tablets, digital video disc players, video cassette recorders and video display devices with a screen greater than four inches. Electronic devices contain a number of hazardous elements, such as lead, mercury, arsenic, cadmium, chromium and silver. Computer batteries also may contain nickel- cadmium, lithium, or sealed lead acid. These constituents are not a concern when the equipment is in use, but they can migrate if disposed in a landfill, potentially contaminating groundwater and soil.
Us,
books, video
s and video r than four number of
2015 Spring Cleanup DIVERSION RATE
is a whopping
47%
REUSENederland held a very active REUSE area where residents could leave and/or pickup reuseable items. This is the most beneficial approach for the environment and participants.No diversion weights available.
Cindy Domenico County Commissioner Deb Gardner County Commissioner
Elise Jones County Commissioner
TO: Boulder / Broomfield Counties Consortium of Cities Board FROM: George Gerstle, Transportation Director DATE: March 30, 2016 RE: 2016 Update on Countywide Transportation Sales Tax
Boulder County Transportation is providing this report as an annual update on the Countywide Transportation Sales Tax, as required in the ballot language in the 2007 Ballot Issue. This report focuses on the projects completed to-date, those currently underway, and those planned for construction and/or design in 2016. It also provides an overview of the current schedule for projects through 2025.
Transportation Sales Tax Overview
The current Boulder County Countywide Transportation Sales Tax was approved by voters in 2007 and is an extension of a 2001 ballot issue that implements a one-tenth-of-one percent sales tax for transportation improvements. The ballot issue funds a specific list of projects and programs that includes roadway and bikeway improvements; intersection projects; transit projects; pedestrian access projects; and improvements to regional trails (see attached Boulder County CIP -2007 Sales Tax).
Projects are primarily located in the unincorporated County. However, several improvements within the incorporated towns were included as they were deemed to have a “countywide” benefit to the multimodal system.
Summary of 2015 Sales Tax Projects
While Boulder County’s progress in 2015 on implementation of the list of projects funded by the Countywide Transportation Sales Tax was slowed by considerable work on recovery efforts from damage incurred by the 2013 Flood, in 2015 the County spent $488,000 in countywide sales tax funds on design and construction of road shoulder and bicycle safety projects; approximately $585,000 for transit services and programs; $73,000 on regional trails; and $271,000 on program planning and administration. Planning and administration costs were higher than previous years since 2015 was focused on planning and design of both County and partnership projects. However we anticipate administration/design expenditures will return to the previous proportion of the total budget as construction expenditures increase in 2016 as several large projects are implemented.
Table 1 - Summary of Proposed Transportation Sales Tax Programming 2015 / 2016 lists the completed work in 2015 along with proposed project work for 2016 including anticipated funding from project partners, state funds, and federal funds.
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Total costs for the 2016 projects are anticipated to exceed $7.5 million from the Road/ Transit Sales Tax Fund and $3.6 million from the Trails Fund. Close to $9.0 million in additional funds is being contributed by the project partners (local governments, regional funding, CDOT, and DRCOG) towards these same projects
The proposed 2016 expenditures are significantly greater than the $1.4 million total from all the funds spent in 2015, due to a number of large projects that were delayed at the end of last year and are now under construction in 2016. For example, the IBM Connector Trail under the BNSF tracks and the Diagonal Highway alone represents a $2.3 million project that has been delayed for many years awaiting action by the BNSF railroad. Boulder County now has an agreement with the railroad and expects the long-awaited trail connection to be near completion at the end of this year.
Progress Report
2016 marks the seventh year of the 14-year Sales Tax approved by the voters in 2007, with funding available starting in 2009. Table 2 (attached) lists the forty-five road and shoulder safety projects; ten transit programs; and twenty-one regional trails efforts that are eligible to receive sales tax funding.
Since 2009, Boulder County Transportation Department, in partnership with the County Parks and Open Space Department; the ten Towns and Cities throughout the County; the Colorado DOT; Colorado State Parks; RTD; the Urban Drainage and Flood Control District (UDFCD); and Great Outdoors Colorado, has completed 23 road/transit projects, seven regional trails projects, four on-going transit support projects and begun planning and design for another 13 projects. Nine regional trails projects have been completed with seven more currently in design or planning.
Last year, the Consortium members requested that we evaluate the progress of the overall program to-date and present a plan for the next seven years of the program, as we are now at the “half-way” point of the fourteen year program. In response to that request we have prepared a draft report summarizing the status of each of the projects contained in the current program, and have met with transportation staff from each of the Consortium membership jurisdictions to review progress and discuss future implementation priorities.
Boulder County is currently working to compile these priorities into a strategic plan that focuses on developing detailed design concepts and updated funding strategies to implement the remaining major projects within forecasted revenues. At that point we would like to go back to transportation staff and review the new plan to ensure that we are on the same page as our partners both with the individual projects and the overall funding strategies. These revised prioritization strategies will guide the program’s remaining seven years and help to ensure that the projects are successfully implemented within the overall program.
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Implementation Strategy
Consistent with the above approach, for the next ten years of sales tax planning and implementation, staff is recommending focus on the following implementation strategies.
1. Complete ongoing projects
IBM Connector Trail (CDOT, BNSF and Boulder) Lyons Main street Enhancement Project (CDOT, Lyons) SH119 / South of Hover Pedestrian Underpass (Longmont, CDOT) 95th Street Reconstruction – Longmont to Lafayette. Part of the County Road
Resurfacing Program (CRRP). Arapahoe Road - 119th to East County Line Road Niwot Road Shoulders – 75th to 95th.
2. Fulfill Funding Partnerships to leverage the sales tax funds and increase countywide benefits as partner funding becomes available. Current partnership projects include: 95th Street Intersections – Isabelle and Valmont (CDOT) 111th Street Widening (Lafayette) US36 Bikeway (CDOT, HPTE, RTD, US36 Corridor Communities) 71st Street Shoulders and Multi-use Path (City of Boulder) 120th Street Bridge over Coal Creek (City of Lafayette / UDFCD) East Lafayette Multimodal connections (South Boulder Road and 120th Street) LOBO Trail - Williams Fork Trail pathway connection (CDOT/City of Boulder). State Highway 42 / Short Intersection. (Louisville) “L” Transit Service (RTD) FLEX Transit Service (TransFort / Ft Collins)
3. Update costs, scope and preliminary planning options of remaining larger/complex road projects through Master Planning that includes preliminary survey, design, project scoping and coordination with program partners. The phasing plans will be adjusted as these project scopes and budgets are further refined and partner funding opportunities are identified. These projects include: East County Line Shoulders – Longmont to Erie
(Longmont, Erie, Weld County) South Boulder Road / 120th Street (Lafayette) Union Pacific Rail Trail – Erie to Boulder (Boulder, Erie, RTD) SH66 Improvements – Main to Hover (City of Longmont) Isabelle Road – 95th to 109th
4. Schedule remaining roadway projects to maximize effectiveness, coordinate with roadway resurfacing needs and leverage funding. The typical planning, right-of-way acquisition and design timeline for these projects is four years. So primary engineering should begin on the following projects between now and 2018: Hygiene Road – US36 to 75th Street Highway 170 to Eldorado Springs (CDOT) 75th/Plateau Intersection
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2016 Sales Tax Projects (Proposed)
For 2016, Boulder County plans to continue on the following partnerships, programs and projects:
Roadway / Bike Shoulder Projects
US36 / Stone Canyon Intersection Improvements. Partnership with the Town of Lyons to signalize the intersection and provide a safe pedestrian crossing of the US Highway. Sales Tax funds for the intersection are being used to match federal funding of the Lyons Streetscape Enhancement project.
State Highway 119 / South of Hover Underpass - Longmont. The City of Longmont has completed design of the pedestrian and bicycle underpass at the western entrance to Longmont and is planning to start construction this year.
US36 Bikeway. CDOT has completed construction of the US36 Bikeway. Payment for the Boulder County portion is due once the project has been inspected and accepted by Boulder County.
State Highway 42 / Short Intersection Improvements - Louisville. The City of Louisville has completed design of the intersection improvements and has been awarded State FASTER funds to fund part of construction. Boulder County Sales Tax will fund 50 percent of the local match.
Highway 93 Shoulders. Boulder County is working with CDOT to close out the final contract for this project.
120th Street Bridge over Coal Creek - Lafayette. The City of Lafayette has been designing a replacement of the 120th Street Bridge over Coal Creek. The project has been awarded UDFCD funds for construction. Boulder County has funds budgeted for 50 percent of the local match for replacement of this structure.
Arapahoe Road Shoulders – 119th Street to Erie. Development in the Town of Erie has widened Arapahoe Road from East County Line Road to half-way to 119th. Boulder County is in design to bring the rest of Arapahoe Road up to County standards with 5-foot paved shoulders.
Roadway / Bike Shoulder Design
South Boulder Road Widening – Lafayette. Boulder County and the City of Lafayette have developed a master plan for the widening of South Boulder Road directly west of 120th Street, including a replacement of the 120th Street Bridge over Coal Creek, new road shoulders and a multi-use pedestrian path along the entirety of the corridor. The City received Federal funding for the multi-use path segment of the South Boulder Road widening and will be constructing that facility in 2018 along with a portion of the planned roadway
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improvements.
95th Street Intersections – Valmont and Isabelle. The two offset intersections on 95th Street has the highest accident rate of any Boulder County intersection and serves traffic traveling between the Town of Erie and City of Boulder, and between Longmont and Lafayette and lacks bicycle facilities despite serving as a regional bicycle corridor. On-going design process includes working with County residents and property owners in the area. Construction is currently scheduled for 2017. Construction is waiting for an Xcel Energy gas line to be replaced and will be coordinated with the 95th Street reconstruction project.
71st Street Shoulders and Multiuse Path. Boulder County completed preliminary plans for the 71st Street Shoulders project in 2014 in order to develop a TIP project submission to DRCOG. The federal funds will be used to add a multi-use path to 1 mile of the corridor and provide improved access between Lookout Road in the City of Boulder and the LOBO Trail that transverse the unincorporated county. Construction of both the path and associated roadway is scheduled for 2018.
95th Reconstruction - Lafayette to Longmont. 95th Street was one of the first County roads to be widened to accommodate the multimodal needs of our communities. The road is in need of full reconstruction including re-establishing its 32 foot width; updating safety features and lane geometry; and improving the roadside embankments to better support the road. Design of this reconstruction is underway and should be ready for construction in 2017 and will be funded from the reconstruction portion of the sales tax.
East County Line Road Master Plan. East County Line Road between Longmont and the Town of Erie is in need of reconstruction and is included on the Countywide sales tax list for shoulders to be added. The master plan will bring together the multiple stakeholders including Weld County who owns the eastern half of the roadway.
Highway 170 Culvert Replacement. CDOT is in the process of replacing a drainage structure on Highway 170. Adding shoulders to SH170 is included on the Countywide Sales Tax list and the new structure must be widened in order to accommodate the shoulder project when it’s complete. The widened structure has increased the cost of the structure, which will be paid from the transportation sales tax.
Highway 42 Underpass – South of Paschal. The City of Louisville is starting design of this pedestrian underpass to link the Louisville and Lafayette trail systems. Boulder County is contributing 50 percent of the design costs and will work with both cities to secure either federal or state trails funds to help with construction.
Niwot Shoulders – 95th to US287. The last segment of planned shoulders for Niwot Road is a long-term project that will require acquisition from private property owners, the potential relocation of a large irrigation ditch, and the use of County-owned Open Space properties. Because these aspects of the
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project will take some time to address, we are starting our design process now, in anticipation of construction before the end of the Sales Tax issue in 2024.
Transit / TDM Projects
Over the past ten years, Boulder County has had significant success of leveraging the Countywide Sales Tax funds with federal and state funding for transit services. Since the beginning of the sales tax the county has received grants for the BOLT mid-day service, the JUMP extension to Erie, the LYNX connecting Louisville, Superior and Broomfield, The “Y” Route connecting Lyons to Boulder, the “L” route connecting Longmont to Lafayette and Denver, and the FLEX connecting Fort Collins to Longmont and Boulder. These grants have extended the purchasing power of the local sales tax fivefold with every additional hour of transit service funded by the Countywide Sales Tax, resulting in five additional hours of transit service.
For 2016, Boulder County is proposing continuation of its support for transit services by providing increased service along two select transit routes - the FLEX, and the “Y” and start new improved service on the “L” Route for which Boulder County has received DRCOG funding to support additional service between Longmont, Erie, Lafayette and Denver.
Work continues on the Countywide Transit Education and Pass Support (CTEPS) program that has now expanded to cover community passes for the Town of Lyons, Gold Hill, Boulder Valley School District (thirty schools) and individual neighborhoods and employers in the County. Support from the sale tax for the pilot Longmont Free Fare Transit (with Longmont) program will continue through the end of 2016.
In an effort to expand the availability of Bike-n-Ride shelters, Boulder County is working with the US36 TMO and with Larimer County to expand the system into those communities. The Larimer County shelters are 100 percent funded through a federal grant. The US36 Shelters are also grant funded, but Boulder County will use the Countywide Sales Tax fund for the local match.
Regional Trails Projects
Boulder County is preparing for the next phase of regional trail implementation.
IBM Connector Trail. This final planned section of the Longmont-to-Boulder (LoBo) Trail has been waiting for the BNSF Railroad to construct a new bridge crossing of Dry Creek #2. The new bridge is scheduled for this year, at which point Boulder County will construct a trail underpass beneath both the railroad and State Highway 119. Once constructed the trail will offer an off-street connection from the Boulder Reservoir to the LoBo trail connecting users from Gunbarrel, Niwot, and Longmont.
Four Mile Creek Underpass. Along with IBM, Boulder County is working with the BNSF on a similar underpass at Four Mile Creek just north of the City of Boulder.
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Regional Trail Facilities and Repairs. Ongoing repairs to the county sections of regional trails along with a new restroom facility at Lefthand Grange Park in Niwot.
Longmont to Boulder Trail - Williams Fork Trail on-street pathway connector. The current alignment for the LOBO Trail through Gunbarrel has a gap between Lookout Road and Twin Lakes Trail system that requires trail users to travel on-street. Boulder County has sought alternatives to this connection for many years and are now working to develop a ten-foot wide multi-use path along Williams Fork Trail to connect Twin Lakes Trail with the sidewalk system within the incorporated areas. Funding from the CDOT Transportation Alternatives Program has been approved, and will be matched from Sales Tax funds and contributions from the City of Boulder.
St Vrain Greenway Trail – Golden Ponds to Pella Crossing. Plans to connect the City of Longmont’s Golden Ponds to the County trail network at Pella Crossing have been delayed by the significant flood damage in that area. Damage to the Greenway Trail is significant enough that construction of this segment is unlikely for a number of years. As a result, Boulder County is working with the city of Longmont to identify potential ways to move forward with the Great Outdoors Colorado grant secured for construction of that trail segment.
Union Pacific Rail Trail – Boulder to Erie. Boulder County intends to start a master planning process for this potential trail connection in 2016. This effort must be coordinated closely with RTD, who owns the corridor ROW.
2016 Revenues
Total proposed 2016 expenditures of $11.2 million on Sales Tax projects are offset by a combination of anticipated revenue from 2016 sales tax receipts; state and federal grants; and unspent “carryover” revenue from 2015 projects.
Sales Tax Program Phasing Plan
The attached Table 2 shows the anticipated project schedule for the projects listed in the 2007 Ballot issue along with an estimated timeline for construction.
There are no large-scale changes in the schedule or priorities of the Sales Tax projects other than some delay in construction of some large projects from last year to this year. Boulder County is working on a 2016 Update to the Sales Tax projects that will include some recommendations for prioritizing the remaining projects, developed in conjunction with staff from the Consortium membership.
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TABLE 1
Summary of Proposed Transportation Sales Tax Programing
6 LOBO Trail - 95th Street Bridge Construction * ****** Completed
7 LOBO Trail - 83rd to 95th * ****** Completed
8 Coal Creek / Rock Creek Trail - 120th to Flagg Park ****** Completed
9 Coal Creek Trail - Flagg Park to Erie ****** Completed
10 LOBO Trail - IBM Connector * ****** * In Construction
11 LOBO Trail - Four Mile RR Underpass ****** ****** In Design
12 Union Pacific Rail Trail - Master Plan ****** ****** Concept only13 LOBO Trail - William's Fork Connector ****** * In Design14 Nederland Trails (County Road 130) * ****** Pre-Engineering
15 Union Pacific Rail Trail - Design and Construction ****** In Design16 St. Vrain Greenway - Golden Ponds to 61st - phase I * ****** Concept only17 Coal Creek Trail - McCaslin Link ****** Pre-Engineering18 St. Vrain Greenway - 61st to Feeder Canal Trail ****** Concept only19 St. Vrain Greenway - Golden Ponds to 61st - remainder ****** Concept only20 Lyons to Boulder Trail - Trail Master Plan ****** On Hold21 Lyons to Boulder Trail - Design and Construction ****** On Hold
* Project relies on matching funds from local agency / state or federal.num
bers are for reference only and do not reflect prioritynum
bers do not reflect priority !!!
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FREE RIDE
LONGMONT
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X
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1
Trustee Kevin Mueller and Cynthia Bakke, P&B Technician, judging at the Blue Ball
MEMORANDUM To: Board of Trustees From: LauraJane Baur, Town Clerk Date: April 13, 2016
Re: Town Clerk’s Report
Update in the Clerk’s Office Frozen Dead Guys Day has come and gone. The change of venue to Guercio Field and the addition of the Bacon, Bourbon & Brews tent both seemed to be positive factors for the event this year. There are a few lose ends that still need to be tied up before the post-event meeting can be held.
In the meantime, the Clerk has been busy in the role of Election Official. The Judges completed counting the votes for both the Municipal election and the DDA election shortly before 1:00a.m. on April 6th. The Clerk
will be busy for the next few weeks catching up on her regular duties that had to be put aside while preparing for the election. For more details regarding the election outcome, see the Election Report further in the packet.
The Building Department issued four building permits from mid-March to mid-April. The Planning Commission did not meet in March. The Planning & Building Technician facilitated five Land Use meetings regarding active applications and/or inquires.
Permits and Licenses Social Media We currently have 1,364 Facebook “likes” (+ 25 from the last report)
We have 1,476 Twitter “followers” (+ 12 from the last report)
The increase in visitors to the Town website due to FDGD and the election can be seen in the chart below during the weeks of March 7th and April 4th.
First Time Visits 2232 1627 1575 1665 2502 1920 Returning Visits 376 359 289 368 585 395
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1
MEMORANDUM
To: Nederland Board of Trustees From: Paul Carrill, Marshal Date: April 19, 2016 Re: Staff Report – Police Department Details:
· 2016 Frozen Dead Guys Days NPD Notes: The NPD, along with the Nederland Town Clerk, Public Works, and Nederland Area Fire Protection District worked closely with the FDGD Event Coordinators to create a comprehensive event plan for the 2016 FDGD Festival. The NPD required the FDGD event to provide and fund their own Security Detail, Traffic Detail, Parking Detail and Crossing Guards. To additionally reduce the overall event cost and meet the law enforcement staffing requirements, the NPD contracted with the Colorado Mounted Rangers (CMR), a no-cost, voluntary Colorado law enforcement auxiliary. The CMR’s provided over 15 Rangers during the 3 day event, resulting in a savings of over $9000 in law enforcement services to the event and allowing the NPD to provide consistent law enforcement services to the community as well as the event. The NPD also worked with Indian Peaks Radio Club (IPRC) to provide no-cost, volunteer dispatch services to the event. IPRC managed to coordinate 4 radio systems/channels and provide seamless communication services to the NPD, Event Coordinators and staff.
· 2016 Summer Transient Meetings with NPD, Town of Nederland, US Forest Service, Boulder County Sheriff’s Office and Community Groups. For the past year, the NPD has been working closely with the US Forest Service, Boulder County Sheriff’s Office and local Church and Community Groups to increase communication and develop a uniform law enforcement approach to address community concerns regarding illegal camping within the Town of Nederland, transients and the issues associated with the transient lifestyle. Based on these meetings, the NPD is prepared to implement a number of these collaborative suggestions.
Page 1/5
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2
· NPD Annual Training Update: The NPD has implemented its 2016 Training Program to meet the current Police Officers Standardize Training (POST) requirements. All NPD Officers have attended 12 hours of training. This training included: Defensive Tactics, Community Oriented Policing (COPS), Anti-Bias Policing, De-escalation of Force, Rapid Emergency Deployment and Rescue Task Force Tactics (active shooter tactics). The Police Clerk is also receiving current and on-going training in the areas of: Court Operation, Sex Offender Registration, and Boulder County Communication Web Access. All NPD staff attended the annual Town of Nederland in-service training presentation.
· The NPD is now fully staffed with two new NPD Officers. Officer David Stage is our newest full-time Police Officer and Officer Wesley Kugel is our newest Part-Time Officer. Kugel is a local resident and has family in the greater Nederland area. Both Officers are currently going through their Field Training Program.
· Marshal Carrill held his first 2016 “Coffee with the Marshal” meeting at Salto’s on 04/06/16. The attending citizens asked questions ranging from summer transient issues, illegal camping, and special events to traffic enforcement.
· Town of Nederland completed the 2016 Boulder County Hazard Mitigation Plan. The Hazard Mitigation Plan was approved and accepted by FEMA, thereby approving current and future FEMA reimbursement in the event of a qualifying emergency.
· The NPD is scheduling a meeting with local business owners to discuss their needs and concerns regarding the upcoming summer season. The public meeting is tentatively scheduled for the end of April at the Community Center.
· Based on current full staffing and the need to address criminal investigations in a timely, uniform and professional manner, Marshal Carrill will be assigning an NPD Officer to a newly created Detective position within the Police Department. This assignment will investigate all crimes beyond the Patrol level and work closely with other law enforcement agencies, District Attorney’s Office, victims, the community and area schools. The assigned NPD Officer will be attending the 2016 Criminal Investigations Course in Boulder, Co.
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2016Crime in Nederland Report
Incident Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec EOY Total Assault 1 1Accident 6 6 12
Alarm Call 3 1 4Animal Call 9 19 11 39
Animal Poisoning
Arrest 2 2 4Arson
Assault on LEO 1 1
Bar ComplaintsBurglary 1 1
CCW W/ArrestChild AbuseCivil Matter 2 5 1 8
Criminal Impersonation 1 1
Criminal Mischief 1 1
Disturbance 1 9 4 14Domestic Violence 1 5 3 9
Drunk Disorderly 2 1 12 15
DUI Summons 2 1 3Elder Abuse
Fire Call 2 3 2 7
Found Property 4 5 9Harassment 4 4 1 9
Illegal Camping 1 6 8 15Indecent Exposure
Juvenile Case 2 2 1 5KidnappingLandlord/
Tenant Civil 2 2Littering
Lost child/adult
Medical Call 4 11 10 25Menacing
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2016Crime in Nederland Report
Mental Health Hold 4 4
Incident Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec EOY Total
Transient/PED Contact 1 19 9 29Incident Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec EOY TotalTrespass 3 3 1 7
Unattended Death 1 1 1 3
Warnings 20 110 113 243
Warrant Arrest 3 3 3 9
Welfare Check 1 6 3 10
Total 883
Type equation here.
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MEMORANDUM
To: Board of Trustees From: Chris Pelletier, Date: April 10, 2016 Re: Public Works Staff Report
Hello again, this month’s staff report will be an update of ongoing projects along with some brief explanations to help bring new members up to speed on the variety of large projects that are in the works. As usual, Public Works is running a very fast and progressive pace to keep up with the demand of day to day operations along with moving our various projects forward. This past month a number of our staff from Public Works went through trainings that advance the knowledge of the department and further our goals of developing a competent and capable staff. Our Parks person, Nicki Dunn completed an ADA Title 2 certification. All towns are required to have at least one person on staff with this training. Being able to identify the needs of folks with disabilities and ensure our facilities can accommodate them is very important and something that Public Works strives to improve. Our Utilities Supervisor, Nicole Bratsos, and Operator, Megan Falicchio, went through a week-long training on the basics of Activated Sludge which is the basis of operations for Nederland’s Waste Water Treatment Plant. This knowledge is fundamental for operations and a necessary skill for our operators to have. Our Streets Supervisor, Monica LaSalle, Operator, Nathan Barnett, and myself, went to a class on maintenance and design standards for permeable pavers and asphalt, knowledge critical to the success of the Ned Peds project.
Along with our trainings and day to day operations, Public Works has taken on the task of improving our recycling and furthering the town’s goals of zero waste at all our facilities. Nederland received a grant to help with this endeavor and is working to add compost collection to all town facilities. In an effort to offset the extra cost of recycling, Public Works has reduced our trash collection
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budget in half in favor of better recycling practices. The bulk of our trash and recycling comes from public waste receptacles throughout town that Public Works collects on a regular basis. Public works will receive Monthly diversion reports. These reports will show separately what town facilities divert from the landfill verses what public receptacles are diverting.
Streets:
The Streets Division has been busy with several projects this past month. A snow storm and icy conditions put us into plow mode in mid-March. Our current plow/sanding truck is the back bone of our operation and is a very efficient snow removal tool however, it happens to be the oldest vehicle in the fleet. 30 years of sanding has left the undercarriage and sanding components in a deteriorated state causing staff to make repairs to it on a weekly basis. Public Works will be exploring options for purchasing/leasing a new vehicle for next season.
PDM Grant:
Streets has completed its obligations to satisfy the PDM (Pre-Disaster Mitigation) Grant that Nederland received to thin wooded areas on town owned land. The last section mitigated was the conservation easement at the new town shop site which had to be completed by March 31st as a condition of the grant. This was a fairly labor intensive and time consuming effort that involved cutting trees in hard to access areas and dragging them out. Boulder County helped us tremendously by providing labor and a machine to chip everything we cut.
TAP Grant:
TAP (Transportation Alternative Program) is a grant that helped fund the sidewalks in town. TAP also funds environmental storm water mitigation. Streets has been planning a drainage plan for two areas in town in hopes to acquire grant funding. The two areas we are focusing on are Pine Street and Big Springs Drive, two areas that are severely impacted by poor drainage and storm water diverted from the highway. By identifying specific drainage basins and approximate flows during storm events
we will be able to determine necessary culvert sizes and locations and possible areas for retention ponds to reduce flow in ditches. This project should be a nice fit for the grant we are applying for which is due in August. One of the projects that Streets has been working on that has been a valuable contribution to this effort is identifying and mapping every culvert in town to better understand drainage and scheduled maintenance. This information gets input using GPS and GIS to create a permanent working assessment that is accessible to staff and engineers for planning purposes.
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Pot Holes:
This is a challenging time of year for road maintenance. Roads thaw, pot holes form from snowmelt and then fill with water. While on the surface it appears the roads may be thawed but in actuality there is still ice and frozen material. Cutting roads that are icy and watery only serve to exasperate the problem and turn them into mud. Public Works will try to address pot holes as they develop but will not be grading until the time is appropriate. With our focus on culverts last year we will divert snowmelt into ditches hopefully drying roads faster making them workable sooner. Public Works will honor all work orders in a timely manner and fix potholes. One way that we are able to fix potholes is to use large angular gravel that will stay put in the hole and not turn to mud when it is mixed with water.
Town Shop:
Construction of the new town shop is in its beginning stages. Streets is doing the town’s part by clearing the site in preparation for excavation. The construction trailer will be showing up on site later this week. We have acquired the ROW permit for running the water line to the site and have started scheduling the installation. We are shooting for April 25th for the start of the water line. The contractors will be working under the supervision of the town to ensure proper installation and disinfection procedures while fulfilling the Boulder County ROW requirements.
Ned Peds:
Ned Peds will be starting in the next couple of weeks. This is a project that connects a walking path from the Library to the Post Office via Second Street. In addition to the walking path, Second Street will also be rebuilt. This design incorporates a permeable surface concept that allows storm water to infiltrate into the ground rather than run off into the creek affecting water quality. Allowing water to infiltrate into the ground, will reduce erosion and pre-filter storm water before it returns to the water shed. This is a cool concept however, not a typical design for a mountain environment. This type of road is generally used in an urban environment with little surrounding vegetation and where other dirt roads don’t exist. It is absolutely critical that this road never get dirty. This road will become the most costly 1000’ of road to maintain which will require regular vacuuming. The Utility division spent a lot of time mapping and recording valves and underground utilities.
Clearing the shop site for excavation.
Utilities has been working to GPS our water valves before the project begins.
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Utilities:
The Utilities Division also has a multitude of projects in the works including rebuilding the Big Springs Pump house, Backwash diversion, State mandated back flow prevention, Sewer Pipeline Rehabilitation, Sludge Hauling, and Engineering for re-lining the sludge pond. In addition to these projects, normal operations can be very demanding. Utilities also continues to work on efforts to GPS water valves and manholes with the end goal of having a clear, accurate, and reliable map. The Meter installation project is coming to a close and transitioning to a maintenance and up-keep program with only about 10 meters left to install out of roughly 780.
Waste Water/Collections:
This was a challenging month at the waste water plant with number of issues diverting our attention. Faulty effluent pumps consumed a lot of time and caused a long drawn out process of elimination that normally would be resolved by simply installing a back-up pump and sending the faulty one down for repairs. Unfortunately when our back-up pump was installed, it too was faulty leading the department to think it was another issue. A commercial electrician was hired to check drives and wiring. The remaining working pump was switched around several times. The 17’ deep basin was emptied and staff was sent to inspect the inlets of the pumps for obstructions, and the piping itself
was checked to be sure that there were no clogs. As it turned out there were no issues on our end and all evidence pointed to two faulty
pumps. It can be very frustrating to have to convince a service department that their products are faulty when they insist they are not. Nonetheless, through this process of elimination, all evidence pointed to the pumps and the service department ultimately realized the issue and repaired them. Sending staff into a basin is dangerous procedure that uses harnesses, confined space entry protocols, and three people for several hours to ensure proper safety practices are followed.
Another issue at the waste water plant had to do with problems with the sand filters that provide tertiary treatment for phosphorus removal. These filters can be very finicky and when they stop working can pose weeks of problems that seem to snowball. These filters consist of piping imbedded in 10’ of sand in a 19’ deep basin. It is virtually impossible to access the bottom of the filter making it imperative that nothing ever gets dropped into it. Routine maintenance is critical to ensure reliable operation and because of the particular application of these filters, maintenance is a rare skill that can only be learned on the job. Sand Filters can be a
nightmare to repair
Danny in the EQ Basin
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Pipeline Rehabilitation:
Nederland received a third grant for the rehabilitation of our sewer system for the amount of $256,000. This is the third such grant in as many years and is for the purpose of repairing the sewer system to prevent ground water from entering and being funneled to the waste water plant causing it to exceed capacity. Otherwise known as I&I (Inflow and Infiltration). Staff is working to identify areas of concern. One way to find problem areas is to open
manholes in the wee hours of the morning when there should be very little flow. If excess flow is observed then it is noted and a camera crew is hired to video that section of sewer main. Several sections will be inspected and videoed this month as potential candidates for repair. There will be coned off areas throughout town this month while we start the planning phase of identifying issues for repair. Repairs will be slated for later this year.
Sludge Hauling:
Sludge hauling will begin this month at the waste water plant and a plan to dredge the pond is being formulated for mid-June. Sludge is a byproduct of the waste water treatment process and accumulates at a fairly high rate. The only way to remove sludge from the plant is to either pump it to the Sludge Pond which is done all winter, or pump it directly to a truck and haul it away. We haul sludge in the spring and summer to avoid odors but ultimately sludge put into the pond inevitably must also get hauled away as well. The budget for this is $70,000. Trucking sludge down the hill is very expensive and obviously unsustainable and flies in the face of the towns goals for zero waste. I would encourage Board members to review a Biosolids Study that was produced in 2015 that proposes alternatives and options to this method of disposal. While none of the options are cheap, it at least provides an avenue toward an end goal which is keeping sludge here and composting it. $70,000 per year could pay down a loan for a bigger project that gets us to the town’s end goal for waste water treatment.
Staff jetting sewer mains prior to camera work.
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Sludge Pond Relining:
To ensure water systems comply with state regulations an inspection is performed every few years called a Sanitary Survey. During Nederland’s last Sanitary Survey of the waste water plant, the state required that Nederland perform what’s called a Seepage Study of the Sludge Holding Pond. This is a typical requirement of holding ponds to ensure they are not leaking and potentially contaminating groundwater. The cost of a Seepage Study is around $15,000 however, 40 year old ponds of this nature with no liner rarely pass a seepage study which results in having to line them with an impervious material. In the professional opinion of our
on-call Engineers, JVA Inc, our ponds will probably not pass a Seepage Study. I have instructed JVA to provide options for engineering costs associated with either relining or some alternative that will align with the Biosolids Study that was presented to town last year. It makes more sense to use the funds for the purpose of achieving the desired end result.
Water Plant/Distributions:
The water plant is running fairly smooth right now and producing good quality water. We are approaching run-off, a time of year that demands a bit of time toward testing water quality. During run-off snowmelt running off the surface causes more organics to enter the water creating a demand on chlorine and affecting the color of the water. Close monitoring is required to anticipate this change in water and respond. There are also several projects going on in this department. We are expecting a Sanitary Survey and are anticipating having to fulfill several new requirements. One of which is backflow prevention.
Backflow prevention:
A backflow prevention device is a component that is installed on water services that prevent the possibility of water from flowing backwards from a residence or business into the distribution system. This can happen a number of ways but one way is in the event of a fire. Drawing water from a hydrant at 2500 gallons per minute can cause negative pressure in the distribution system which would result in water flowing backwards. The State requires that all commercial businesses and multifamily properties have a backflow device installed. These devices must be inspected annually by a professional certified in backflow devices. Additionally, the water system, or more specifically, the operator is required to monitor and keep records of devices in the system and their certifications. Another mandated regulation on our plates that make us sort of water cops. It is necessary for the department to have its ducks in a row prior to the Sanitary Survey.
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Big Spring Pump House:
This project addresses the pressure sustaining station on Big Springs Drive that provide pressure to a portion of Big Springs and also fire flow for the entire subdivision. The existing pumps in the station are unreliable and in efficient. This project will combine two buildings into one, reducing heat and energy consumption making the facility more efficient. The pumps will be modernized so they will be compatible with our existing SCADA system and sized for future upgrades of the distribution system. As part of the project, a comprehensive flow model was created to assess to flow rates in the various zones and size the pumps appropriately. This also serves to help with future planning when it comes to figuring out what pipelines to upsize. This project addresses the limitations of the pump and sizes it appropriately but ultimately flow rate is limited by the size of the pipe. Many of the pipelines in Big Springs are only being 4” in diameter. Because of those smaller diameters, flows of only 500 gpm are available for fire flow in some areas. The flow model identifies these deficiencies and is able to model changes of pipeline sizes of certain sections to achieve better flows. The model will help to plan which sections to upgrade that will give us the biggest bang for our buck. This is very valuable for future planning. Construction of this project will begin in July.
Backwash Diversion:
Backwash is a necessary step of the water treatment process. As water flows through the water filters, contaminants on the outside of the filter begin to clog them up. Every 26 minutes, filters go through what is called a backwash sequence that pumps water backwards through the filters and then scours them with air to remove built up debris. This backwashed water then gets discharged to the waste water plant which makes up for a portion of the overall capacity of the plant. Roughly 20,000 gallons get sent to the waste water plant daily. In order to reduce the load on the waste water plant a plan was created to return backwash water to the creek. While this plan is mostly in the conceptual stages, much planning and testing has taken place to make this a reality. Additionally, the state accepted our relatively simple conceptual plan and has awarded Nederland a discharge permit based on this concept. The next step is to make concrete engineered drawings of the design which can happen within this year’s budget and begin construction next year. This project is identified in the CIP budget for 2017.
Lab analysis for Backwash Diversion
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MEMORANDUM To: Board of Trustees From: Dawn Baumhover
Community Center Coordinator Date: 4/14/16 Re: Staff report
Community Center staff has recently been working as event planners! Art at The Center and 9Health Fair happened to fall one week apart this month. The department is grateful to have staff support both in house and at Town Hall that allows us to facilitate these two diverse events. Feedback on our first run as sponsors of Art at The Center was positive. We are actively soliciting volunteers for a working art committee for future receptions.
The 9Health Fair has been rescheduled for Saturday, 4/23. The Nederland Site Team closely monitored weather forecasts and models throughout this week. Based on these predictions, the decision was made Thursday morning to postpone the Fair. The site team is busy rescheduling screeners, coordinators and getting the word out to the public of the change. This is a huge endeavor. Many thanks to the volunteers and Community Center staff supporting this effort.
The generator work is proceeding and close to being finalized. That said, not in time for the current weather event that may bring us conditions typically resulting in a flood scenario at the CC. The french drains and sump pumps all work well to keep the facility dry. Our flood scenario occurs when the power fails. We currently have back-up generators staged and portable pumps ready to place. Staff is flood- proofing the office area to minimize impact if a flash melt proves problematic.
WeatherCloud, a Boulder based company has deployed a fixed weather station at the top of the trailhead in the Community Center parking lot. They are testing new Equipment they refer to as Weathermesh. Pictures, information and project description provided by the company on their intriguing work are included below.
WeatherCloud is a Boulder, CO based company that specializes in sensor and software technology that turns vehicles into mobile weather observation stations: http://weathercloud.co
We currently have sensors deployed with CDOT, Utah DOT, Iowa DOT and the largest one by far is Alaska DOT Fairbanks. As part of our work with Alaska we have entered into a project with them to create a Fixed Weather Station that is meshed together with wireless technology (WeatherMesh). We have created the prototypes and were looking for the first place to deploy and test. Jeremy Tomlinson, a longtime Nederland resident and homeowner, suggested that Nederland would be a great place to test a prototype Fixed Weather Station. That is what we have deployed on your property. As you know, many areas have discrete microclimates and often times just down the road or across a ridge. Typical forecasting or weather reporting generally cannot provide accurate information about what is actually happening in an area. We intend to solve that issue with these weather stations. These coupled with a few mobile sensors on vehicles that are generally on the move provide a hyper-local reporting of what is taking place on the roads and in the area. Here are some pictures and screenshots with some narrative.
Here is the Fixed Weather Station at the Community Center with the engineers who deployed it. Jeremy is on the right.
Page 2/3
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The radio on the top of the weather station is linked across the valley to Jeremy’s house and then attaches to the Internet there.
This is the receiver at Jeremy’s house.
The stations then report across the Internet and show up in our management software.
Early this week we will be adding the sensors everyone is really excited about, that being wind sensors.
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Trustee Report
To: Board of Trustees
From: Trustee Randy Lee
Date: April 14, 2016
This is my final report as a trustee, and my intention is to provide a summary of where various projects that I have
been involved with stand, as well as some lessons learned and general observations and musings about our
Town’s government for the benefit of our new Board.
Parks, Recreation, Open Space, Trails
My involvement in Town affairs began with an invitation to attend a meeting of the Nederland Skatepark Advisory
Committee (NSPAC) in the summer of 2004. Participation in NSPAC led to my leadership of the skatepark effort, as
Executive Director of the NPO (NEDSK8) that arose out of it, and ultimately to becoming a member (2008), then
Chair (2010), of PROSAB. When I applied to fill a vacancy on the BOT in 2011, it was with the understanding that, if
appointed, I would retain my PROSAB membership as the BOT liaison. Parks and recreation have remained
primary interests for me, and I’m proud of what PROSAB has accomplished during this time, including:
PROST Plan Update (adopted 2013)
The updated Nederland Parks, Recreation, Open Space and Trails Plan is the PROSAB “Bible,” as the
board’s mission is essentially to maintain and implement this plan. The planning process was overseen by
a steering committee that had broad community representation, included close cooperation and
collaboration with Town Staff, a community-wide statistically valid survey and a robust (pre-NPP) public
process. I convinced the master plan steering committee to reject our consultants’ initial offering of a
rather uninspired laundry list of actions and objectives in favor of a more novel series of visions for each
area covered by the plan with actions and objectives to realize the visions. The Plan received a GOCO
Starburst Award for excellence in the use of Colorado Lottery funds.
Adopt-a-Park Program
A PROSAB initiative, the Adopt-a-Park program demonstrated a means of leveraging scarce Town
resources with volunteer efforts.
Noxious Weeds
PROSAB resurrected the community weed-pull in 2013, over a decade after community volunteers
abandoned the effort for lack of resident participation. The following year, the Sustainability Advisory
Board took over leadership of the weed effort, with PROSAB and NDDA participation. The weed
committee is now back under PROSAB leadership. The committee produced a noxious weed management
plan that was adopted by the Town in 2015 and has obtained grants to support eradication efforts.
Forest Health
Forest health became a PROSAB concern in 2008 under Dallas Masters’ leadership, when Dallas, and then
Keith Nowicki, began participating in the now-defunct Indian Peaks Forestry Alliance. No other Town
board or department was focusing on forest health or wildfire mitigation at the time, so PROSAB
(somewhat reluctantly) took this on, and the area of forest health is one where PROSAB has been
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particularly effective. In recent years, PROSAB has helped forge strong ties between Town government
and the US Forest Service and with the foresters of Boulder County Land Use, Boulder County Parks and
Open Space and the Colorado State Forest Service. We have written letters of support for area fuels
reduction efforts, offered formal comments to Forest Service projects and hosted County and Forest
Service outreach events. PROSAB successfully advocated for a rollaway dumpster at the Nederland
Community Sort Yard for pine needle and noxious weed collection (partially funded by the Town). In
addition, PROSAB spawned a couple of successful programs that are now operating independently,
Nederland Saws and Slaws and the Nederland Firewise Communities Action Committee.
PROSAB organized the Nederland Saws and Slaws program in 2012, one year after Cesar Gellido initiated
Saws and Slaws in Coal Creek Canyon. The program, which has received regional and national recognition,
has proven to be an effective mechanism for raising awareness about wildfire preparedness, for helping
homeowners to mitigate their property with a minimum of cost and for community building. The
Nederland group owes much of its success to former PROSAB member Alan Brewer, current member Kris
Hess, area resident Marc McClish and to Town support. Saws and Slaws intends to form a 501(c)(3) NPO
this year, but meanwhile the Town continues to provide the Nederland group with critical liability
coverage that enables us to operate.
In 2013, PROSAB formed a Firewise Action Committee and applied for and obtained recognition as a
Firewise Community from Firewise Communities USA, the second Boulder County community to do so
(the small Lake of the Pines subdivision beat us by a few weeks). We renewed in 2014, but not in 2015, as
our committee members felt we fell short of requirements, with too little “Firewise” in our “Firewise
Town Cleanup.” We will apply for recognition again in 2016, with a renewed effort to emphasis the
Firewise aspect of the cleanup and a series of neighborhood slash pickup events.
Big Springs Emergency Egress
The most recent effort to secure an emergency egress route from the Big Springs neighborhood began as
a PROSAB initiative (as with forest health, it was something that needed done, and no one else was doing
it). This became more of a personal effort, in collaboration with the Town Administrator and Fire Chief, so
I’ll return to this later in this report.
Town Voice
In recent years, PROSAB has provided important input to the County and the Forest Service on matters
relating to parks, open space, trails and recreational sport shooting, giving Nederland a voice that would
otherwise not be heard.
There have also been a few PROSAB disappointments, the biggest being our failure to reach an agreement with
the City of Boulder to establish a boating program, after putting considerable effort into defining a sustainable
volunteer-based program that met all of the City’s earlier stated requirements. Nederland has been seeking to
boat on Barker Reservoir ever since dam construction was completed, and there is no reason to abandon the
attempt, but I recommend waiting until such time as a parks and recreation district may be formed, as the current
Boulder leadership seems loathe to entrust oversight of a program that could impact their water quality to
volunteers, no matter how professionally run the program.
PROSAB outlook for 2016
PROSAB hasn’t formally drawn up its usual yearly action plan, but members have spent considerable time
discussing realistic and achievable objectives. The consensus has been to, first of all, focus on completing some
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ongoing projects that have languished a bit, namely an update to the Nederland Area Trails Master Plan and
management and maintenance plans for the Town’s parks and open space assets. Once these are finalized, a top
priority will be build out of Barker Meadow Park. Other priorities for the year are:
Revitalization of the Adopt-a-Park program
Continued support for noxious weed eradication
Achieving recognition as a Continental Divide Trail Gateway Community
Attempting to focus on fewer projects, and to return to its core parks, recreation, open space and trails foci,
PROSAB is spinning off the Firewise Action Committee (FAC) and ceding to the latter oversight of forest health
concerns. Expect to see a resolution soon that accords the FAC official status as a Town committee, but Trustees
should resist any temptation to charter it as a typical Town advisory board. A fundamental strength of the FAC is
that it has had fluid membership with informal representation from agencies that would never consider applying
for a fixed board position, namely Boulder County, the State Forest Service, the Nederland Fire Protection District
and Saws and Slaws. I plan to continue my work with this committee (this, along with Saws and Slaws, will be my
only remaining long-term volunteer commitments), along with our Town Administrator and newly-elected trustee
Masters, and I anticipate that several PROSAB members may participate, as well.
More on the status of 2016 PROSAB priorities:
Nederland Area Trails Master Plan Update
Lesson learned: No matter how straight forward and simple it may seem to update an existing plan,
obtain a grant and farm it out. This project got off to a great start with a draft written by former member
Scott Hammers, but Scott rotated off the Board before the draft was finished, and PROSAB has struggled
to keep the process moving. We are now close to a final draft, which I expect to have ready in time for
consideration at the April PROSAB meeting. PROSAB will present it to the BOT for direction as to a final
public process for feedback on the draft.
Parks and Open Space Management Plans
Lesson learned: As above, hire a planning firm. Yes, volunteers can do these things, but things come up …
I took these on, along with former PROSAB member Debbie Davenport, and we made great progress, until
I ran into some health and family challenges a year and a half ago, and then everything ground to a halt.
This is not something that can be easily handed off; I am just picking this up again, with the expectation of
having a draft for PROSAB in May. This is high priority, as, along with management and maintenance, this
plan will include recommendations for standardization of park amenities and fixtures, and there are
purchases waiting on these standards.
Adopt-a-Park
Lesson learned: It takes equal or greater effort to sustain a program as to initiate it. After flourishing for a
couple of years, the program is currently languishing, the victim of inattention caused by staff turnover.
PROSAB members attempted to step back in and revitalize that program last year but didn’t report much
progress. Town staff and PROSAB need to work together to find a way to reinvigorate Adopt-a-Park.
Noxious Weeds
Lesson learned: A volunteer participation model that works well in one situation isn’t necessarily portable
to others. Monthly weed pulls have not succeeded in attracting significant community support, and only
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participation by the TEENS, Inc. Youth Corps has made them at all effective. We attempted to follow the
highly successful Saws and Slaws model with the weed pulls, by limiting the pulls to half a day of labor and
following with a pot-luck lunch, but this strategy hasn’t really been successful. The fight against invasive
weeds is an important one, and something the Town needs to devote some creative energy and resources
toward.
Continental Divide Trail Gateway Community
We moved slowly on this and lost our chance at becoming the first Colorado CDT Gateway Community,
but now we have the advantage of having the guidance of that first community (Pagosa Springs). The
PROSAB trails committee members leading this are rotating off in June, but my understanding is that they
plan to continue what they’ve started. This is a program that should involve a collaborative effort of
PROSAB, NATO and the NDDA.
Barker Meadow Park Build-out
The Nederland community made it clear in its responses to the PROST survey in 2012 that they wanted
the Town to prioritize taking care of what it had over building or acquisition of new parks, trails or
recreational facilities, hence the PROSAB focus on writing management and maintenance plans for
existing assets. Once the Town has adopted these, PROSAB can move forward with Barker Meadow Park
build-out planning.
An opportunity unlikely to be realized this year (so many projects, so few volunteer hours!) is the repair of the
Tungsten Trail from the reservoir parking lot east to the dam. (Note that the Town of Nederland was obligated to
maintain this trail under the terms of an agreement with the Public Service Company to allow its construction, but
it is unclear whether that obligation persists after purchase of the reservoir by Boulder). A year ago, PROSAB
organized a meeting to discuss the potential for collaboration on such a project that was attended by
representatives from Town Staff, the City of Boulder, Boulder County, Wildland Restoration Volunteers and CDOT.
All parties expressed eagerness to cooperate in the restoration of this trail, and the City offered considerable
resources, but what is currently lacking is someone with both the expertise and time to take ownership of the
project.
The belief that a parks and recreation district is the answer to the Town’s funding challenges in this realm is a
recurrent theme. A special district offers some promise, but several things need to happen before the question of
a parks and recreation district can be put before the voters.
1. The district needs a champion.
The Town cannot advocate for the establishment of a special district, and this includes staff members,
Trustees and advisory board members. It takes a lot of work to create a district (I believe the
requirements are on the DOLA website), and someone, or some group, needs to step up and champion
the effort. (There were some folks working on this a couple of years ago, but they seem to have dropped
from view). The Town can provide supporting information such as could be used to advocate for or
against creation of the district. (And folks have been asking, but no, I cannot be that champion, however
appealing the challenge might be).
2. A feasibility study needs to be conducted. There are lots of expectations that various folks have of a P&R
district, e.g. that the district would take over the Community Center, build a swimming pool, manage the
ice rink/tennis courts and the programs they support, mange a boating program, etc., so …
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a. Just what are the community’s expectations?
b. How much would it cost to support these expected services and facilities?
c. How much are residents willing to pay in property tax increases to pay for P&R?
d. How do b. and c. add up (and, when they don’t, does a viable compromise remain)?
We were able to slip a few special district-related questions into the PROST survey in 2012, but GOCO can’t fund a
survey to support creation of a district, so we were severely limited. (These studies are expensive – it looked like
about $40K when I sought quotes for this back in 2008 – and good luck finding a grant to fund it; GOCO is out, but
maybe DOLA, if you can catch them when they have funds). What we gleaned from the PROST survey was that
yes, folks were willing to support a property tax increase to create a district (or, alternatively, to fund a Town
recreation department), but no, they weren’t willing to pay enough to pay for much more than a director’s salary.
The future champions of a Nederland-area P&R district will need to be able to sell the concept to the voters, as
well as jump through the regulatory hoops.
PROSAB will experience considerable turnover in 2016, with one existing vacancy, three term expirations (June)
and a new BOT liaison. (I encourage the new Board to appoint past PROSAB Chair Dallas Masters as the PROSAB
liaison).
It has truly been a great privilege to work with so many dedicated community members on PROSAB over the
years; I will miss this (and if any of you should read this, you all rock!).
Forest Health
Forest health is now under the purview of the Firewise committee, but PROSAB is still apt to be involved in
hosting County or Forest Service outreach events.
Nederland Firewise Action Plan:
The FAC typically meets two or three times a year, and has met once this year. We will submit a new application
for (re)recognition as a Firewise USA Community after our mandatory community-wide event (the Firewise Town
Cleanup). We agreed to scale back our historically over-optimistic action plan objectives to focus on two that are
achievable:
We are planning three neighborhood slash pickup events this season, in Big Springs, Old town and
Sunnyside/Hilltop. The sequence may be determined by the scheduling of Saws and Slaws neighborhood
mitigation events, as we are hoping to coordinate pickups with these efforts. (S&S season planning is
underway; any residents interested in having their property mitigated by hosting a Saws and Slaws event
need to speak up soon).
The 2016 Town of Nederland Firewise Town Cleanup is scheduled for June 4th. Residents should begin
planning now to time the annual cleaning of their gutters and other maintenance of the Home Ignition
Zone around their residences with this free drop-off event.
When budget season rolls around (it’s sooner than you think!), please continue to support the sort yard rollaway
dumpster for pine needles and weeds; this provides critical support for our residents’ efforts to maintain
defensible space around their homes.
An important thing for elected officials to have on their radar is the Forest Service’s Forsythe II project, currently
awaiting a final determination by Sylvia Clark, the Boulder District Ranger. Expect another outcry and possible
legal action from the Magnolia Forestry Group folks to delay implementation. The treatments called for in this
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project are critical to the implementation of the Nederland CWPP, and reflect Forest Service sensitivity to the
needs of the Town (we requested the treatments surrounding Big Springs). It is imperative that the Town do
everything in its power to support this project.
Economic Development
A presentation of the Mayor’s Task Force on Economic Development is scheduled for the Board’s May 3rd
meeting. This is another of those long-running efforts, hampered by the availability of volunteer (and staff) time.
In spite of the length of time it took us to arrive at a report, I am pleased with the result, which I think offers the
Mayor and Trustees a viable path to build a stronger local economy that is in sync with our town’s vision.
The defeat of the NDDA ballot measure is an unfortunate setback for Nederland economic development. I think
that those, like myself, who failed to speak out to forcefully counter the FUD put forth by the measure’s
opponents can take some responsibility for its failure.
Emergency Preparedness
Participation in the Town’s emergency preparedness activities is one of those things I will miss. I’ve seen great
progress in our community preparedness and resiliency, but we have much more to do. I count as one of my
greatest successes as a trustee the creation of EPAC, the Emergency Preparedness Action Committee. It’s also one
of my greatest disappointments. EPAC was tasked with two critical objectives, the establishment of an emergency
ham radio network and the creation of a network of neighborhood communications pods. The first has been a
stellar success, and the Indian Peaks Radio Network is the result. However, the committee itself has been
decimated by resignations, and, with only two current members and no effective recruiting mechanism, EPAC is
on life support; intervention is needed, and soon, to save this committee. The mission of EPAC (to promote the
well-being of the Nederland-area community, its residents, property and natural resources, identifying natural and
human-generated threats to its and safety and integrity and instituting and coordinating community efforts to
prepare for, respond to, mitigate and recover from such disasters) is important enough to warrant the assignment
of a BOT liaison and the devotion of some serious recruitment effort.
I have been the BOT’s representative on the Intermountain Alliance (IMA) since 2012. I’ve made some great
contacts, and it provided me with monthly opportunities for Saws and Slaws proselytizing, but I think this is one
assignment that the next Board might pass over, unless there is a trustee with a passion for preparedness and
resiliency who is able to attend the daytime meetings. I believe that staff member Dawn Baumhover provides the
Town with effective representation in this group, and there is usually an EPAC member in attendance as well. (I’m
appending a brochure that I created for the IMA to this report for a quick overview of what the IMA is and its
importance).
Now back to the quest for an Emergency Egress Route out of Big Springs, something that several candidates for
office in the resent election stated was a priority of theirs. The Town first advocated for such a route about 15
years ago. At that time, forest density south and east of Big Springs was such that our fire chief felt a safe egress
route could not be achieved, a view that was seconded by The Anchor Point Group, the consulting firm that wrote
our CWPP. I resurrected the issue in 2012 and this time Chief Dirr reconsidered and reversed his stance, due to
fuels reduction work that had been done in the area in the interim. I submitted a proposal to the Forest Service, at
the invitation of the District Ranger, and it was initially well-received, with FS and County folks falling all over
themselves to support it. That support soon started falling away, and ultimately we ran aground on the objections
of Boulder County Parks and Open Space (POS), “we didn’t purchase open space to build roads across it.”
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We sat on this for a while (so many projects, so little time – wait, I said that already), until last summer when
District Ranger Sylvia Clark suggested that the FS could roll an egress evaluation into the Environmental
Assessment for the Forsythe II project, which would save the Town from having to pay for it. This time we
submitted a formal application to the Forest Service that included a request for two separate routes and an
attempt to analyze the viability of each in the event of fires starting at each of 11 different ignition points.
Another initially favorable reception by the FS, followed by a formal letter of opposition by County POS.
At this point, I suggested that we explore paying for some fire behavior modeling by Anchor Point, so we could
reduce the speculative element in our proposal. Administrator Reis agreed, and with the fire district sharing the
cost, we contracted with Anchor Point, for fire behavior modeling, and TerraCognito GIS, for a LiDAR-based
analysis of our most critical route. The analyses were presented to Boulder County POS in late March, and we
expect to present to the Forest Service team soon.
Approval is by no means certain, and there is likely a lot of negotiation ahead, but, at this point, I and my co-
champions in this quest (Town Administrator Reis and Chief Dirr) are highly optimistic of a favorable outcome.
With ever-increasing in wildfire activity and other disruptive events resulting from climate change and the
continuing influx of people into the Wildland Urban Interface, it will be important for the BOT to give some
priority to community preparedness in future Town budgets and to support Administrator Reis and our
department heads in their preparedness efforts. (The acquisition of a backup power generator (installation
imminent?) for the Community Center – our regional emergency shelter – is a huge step forward).
Volunteerism
I have long argued that the Town could leverage volunteers for much more than it does, and that with an inspired
effort to recruit, empower and reward volunteers, we could do much to move the Town forward without further
straining Town staff and budget. As I prepare to shed many of my own volunteer commitments, I’m no longer a
believer. This is a unique community, and we have indeed accomplished some remarkable things with volunteer-
led efforts, but the sacrifices that the champions of these projects make to reach their goals are well above what
we have the right to ask of people. We can, and should, encourage community volunteerism for a myriad of
reasons, but we should be careful about expecting too much.
The last two unpaid trustees are now rotating off the BOT, and as the budget allows, the voters should be
asked to increase the paltry compensation that the mayor and trustees receive.
It should be an objective to provide staff support for all of our boards and commissions for the creation of
agendas and taking of minutes, and we shouldn’t expect these volunteers to manage projects. Rather,
let’s be content to harvest their creative ideas and utilize their advice and perspectives. (Back to EPAC, my
idea that this would be an action committee, as opposed to an advisory board, was unrealistic. The ham
radio network directive has been met due to the dedication and passion of Jan and Mike Mussler, but the
amount of work that will be required to create and maintain an emergency neighborhood
communications network is more than can be asked of volunteers. A revitalized EPAC can still serve a
valuable oversight role in this).
The Town should take over management of the Ice and Racquet Park. The dwindling cadre of dedicated
RINK volunteers that has orchestrated the bi-yearly ice/tennis transitions and managed the facility has not
been successful in inspiring younger users to step up and replace them. The ice programs seem to be
thriving, and they provide an important recreational outlet for our residents, but the volunteer
enthusiasm that followed the completion of the facility has long since dissipated.
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BOT
I began attending BOT meetings regularly sometime around the end of 2003/beginning of 2004. At the time there
was a concerted effort by some in the community, including many Town staff members and some elected officials
to run the new Town Marshal out of town. As a supporter of the Marshal (Chief Robinson, by the way, did a great
deal to professionalize the Police Department, which he transitioned from the laughing stock of the state to a
respected department), I felt someone from the public need to keep an eye on those in power. As I began
advocating for a skatepark, I had further reason to attend the meetings, and began to attend the OSAB meetings
as well. Eventually, it probably just became a habit. When Keith Nowicki, who I had recruited to run for the BOT,
resigned in 2011, I decided it was time to step up and participate from the other side of the table.
My tenure on the BOT has been a mixed experience. Service on the Board could be very rewarding: collaboration
with other community-minded residents to provide direction for Town staff to responsibly move the community
forward in a direction that aligns with the expressed will of its residents (captured imperfectly in Nederland Vision
2020). I hope this will be the experience of the new Board.
On the positive side of the ledger:
I enjoyed a great collaborative relationship with Town Administrator Reis; we partnered together on
numerous projects, beginning, perhaps, with writing the GOCO grant for the PROST plan in 2010 and
continuing today with the (just wrapping up) Economic Development Task Force, which we co-chaired,
the Big Springs egress effort, and the Firewise Town Cleanup.
I’ve been privileged to be a part of strengthening relationships with the US Forest Service, forming a
productive, collaborative relationship with the Boulder District Ranger, and with County and State
foresters.
When we conducted the search for a police chief to replace Jake Adler, we discovered that even though
we are a small town with a small budget, we really can attract top-caliber experienced candidates for the
chief position. Under the short tenure of Jim Matheny and now Paul Carrill, the department has made
great strides in improving organization and professionalism.
That we are at last moving ahead with construction of a new town shop is a big win for Nederland.
Things that have happened during my time in office that I’m not proud of:
I’ve seen a highly effective mayor and two good Town Clerks driven away.
I’ve witnessed numerous unseemly public attacks on Town staff, the NDDA, advisory boards, members of
the public and fellow trustees.
The sidewalks fiasco. The community-minded volunteers serving on the NDDA were driven off the board
and publicly raked over the coals for the “Phase 1” sidewalk project – a much-needed downtown
infrastructure improvement – and the proposed “Phase 2” extensions. The latter was replaced with
“NedPeds” – a misguided funneling of traffic down a quiet, narrow residential street that has been over-
thought, micro-managed and dragged out for four years, with not a shovelful of dirt yet turned.
Bag fees; we couldn’t have done a better job of alienating the business community if we had tried.
I came to the Board without any particular agenda, but tried to be supportive of neighborhood concerns (being a
resident of a neighborhood that suffers greatly from the negative impacts of Town events), and I attempted to be
sensitive to community viewpoints that were under-represented on the BOT. I cast a number of lonely protest
votes, especially during my first three years on the Board; the ability to change minds and votes through
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argument has not been a strength of mine. I think my greatest contributions were made outside of the meeting
room, working with advisory boards, outside agencies and Town staff.
Some challenges I see for the newly elected Board:
Finding the right balance for Marijuana in the community. Comments received in responses to the
economic development survey reissued last year by the EDTF and the NDDA underscore the obvious
community divide in how residents feel about this drug. The spectrum runs from those who would market
Nederland as a community that embraces the marijuana culture to those who want no part of it, and the
weight seems to be with those unhappy with open MJ use and with outside perceptions of Nederland as a
stoner community. Many of us who voted in favor of Amendment 64 were voting for tolerance and an
end to the counter-productive “war on drugs,” not for the promotion of marijuana or its open use. The
BOT will need to find a way to be accepting of legal marijuana use without sending the message that
Town government embraces the drug and its culture.
Managing the impacts of Festivals. Nederland has historically turned a blind eye towards the very
significant impacts of major festivals (NedFest, FDGD) on the residents of east Nederland. The future
development of the amphitheater/performance space in Barker Meadow Park, coupled with calls for
weekly events that feature amplified sound, make it mandatory that the BOT address neighborhood
impacts. (Hint: turn down the volume!).
Waste Water Plant operation and impacts. What we expected to be pretty much a fully-automated plant
has proven to require a large (for Nederland) staff to maintain with frequent after-hours visits by on-call
personnel. Why is this, and can staffing requirements be reduced? Also, what was originally designed to
be a covered facility devolved to feature SBR tanks open to the surrounding environment. This has a
pronounced negative impact on users of the adjacent skatepark, and it should be an objective of the
Town to cover these tanks and filter the exhaust air.
Funding the Town shop. Yeah, there will be cost overruns and there is no money in the budget for this, so
start looking now.
Funding for the critical improvements called for in the Master Infrastructure Plan. Wow, that’s a lot of
money, but see my concluding point.
Some recommendations
Preparation for BOT meetings consumes a tremendous amount of staff time; find a way to reduce the
number of BOT meetings, and free up staff for more productive endeavors. Some suggestions towards
that end:
o Utilization of a consent agenda is a fairly recent development in Nederland; greater use if this tool
can significantly reduce needless Board discussions.
o Unprepared Trustees slow down meetings. Publishing the meeting agenda earlier can provide
adequate time for trustees to prepare (and fewer meetings would allow staff to do this). Lengthy
elements of the packet – contracts, grant applications, master plans – that are complete can be
distributed early. (The vote of an uninformed trustee counts the same as that of an informed one,
so another benefit of more preparation time will be better decisions).
o Limit citizens to three minutes of speaking. This is not the US House of Representatives, and there
should not be the expectation that folks can sign up to speak and then allot their time to another
speaker. If a matter requires more than three minutes to communicate, that matter should
perhaps find its way onto an agenda.
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o Encourage long-winded trustees to get to the point; the quality of one’s argument is not
measured by the number of words used to express it. Most long-winded trustee arguments seem
to be off-point.
Late night discussions don’t foster good decisions; there is a noticeable drop in the quality of discussions
after 9:00 or so, so maybe start earlier and wrap it up early.
Don’t tolerate verbal attacks on anyone from the BOT. I don’t anticipate this being a problem on the new
Board, but if it happens, and if such attacks aren’t stopped by mayor, trustees need to jump in and do so;
When there is no leadership from the top, trustees must lead from the bottom.
Appoint Topher Donahue to fill the remainder of Kris Larson’s term as trustee. It takes a good two years
for citizens who are not already immersed in Town affairs to get up to speed in their role as trustee;
Topher has reached this threshold, and, as the next highest vote recipient, deserves the seat. He is poised
to be a highly effective member of the Board this session.
Take issue, if you must, with the Town Administrator, Police Chief or other staff department heads
outside of the public meetings. Public criticism of staff members is bad for both staff and community
morale, and demoralized employees are less productive. There is nothing to be gained beyond, maybe, a
cheap ego boost when we publically criticize staff.
It’s easy, in a small community with scarce resources to fall into a “we can’t” attitude. Reject that. My
biggest take-away from my experience building the skatepark is that you can do anything, if you believe in
yourselves. Be a “we’ll find a way” Board. Good luck!
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Inter-Mountain Alliance
of Western Boulder County
IMA Participating Communities
Allenspark
Bar-K Subdivision
Four Mile Canyon
Middle Left Hand Canyon
Raymond/Riverside
Town of Gold Hill
Town of Jamestown
Town of Lyons
Town of Nederland
Town of Ward
Mountain Communities
Helping Mountain
Communities
Nederland, Coal Creek Canyon and Sugarloaf Saws and Slaws volunteers help with Four Mile
Canyon Flood Recovery in November 2013
Monthly meeting of the Inter-Mountain Alliance
More Information:Amy Hardy, Chair 303-653-2088www.intermountainalliance.org
Prepared November 2014
Allenspark MERN members prepare donated radios
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Rebecca Lawrence, IMA Founder
What is the IMA?The Inter-Mountain Alliance is a collective of representatives from a growing number of Boulder County mountain communities. Founded in 2010 by victim’s advocate Rebecca Lawrence of Ward in the wake of the Four Mile Fire, the mission of the IMA is “To foster relationships between the mountain communities of Western Boulder County and support individual and community emergency preparedness.” With no formal structure, the organization remains flexible and adaptable to address member communities’ needs.
Taking the “neighbors helping neighbors” principle to the higher level of “communities helping communities,” IMA communities share solutions to problems held in common – initially centered around emergency preparedness (what did we learn from the Four Mile Fire, how can we be better prepared for the next one?), but expanded to encompass human services and other shared concerns. The IMA has been particularly effective in creating a collective voice for mountain communities to connect with government and NGO resources; representatives from federal, state and county agencies are regularly in attendance, along with the American Red Cross, Foothills United Way and Boulder County Emergency Radio Services (BCARES).
What has the IMA Accomplished? • Beyond the unquantifiable benefits of forging inter-community relationships, mutually strengthening community emergency preparedness capabilities, opening up access to resources for mountain communities and increasing awareness of mountain community needs among governmental agencies, the Alliance can point to some concrete influences, such as:
• Providing an environment where the Mountain Emergency Radio Network (MERN) could flourish, first in Bar-K, Allenspark and Ward, more recently in Gold Hill, and now Nederland. MERN is credited with saving lives in the 2013 flooding.
• Inspiring the creation of effective neighborhood emergency communications networks (pod systems) in Gold Hill and Allenspark, with pod system planning underway in Nederland
• Formation of the Allenspark Neighbors Emergency Network (ANEN)
• Establishment of the Nederland Emergency Preparedness Action Committee (EPAC)
Why is the IMA Important?Many residents of Boulder County’s mountain communities identify so strongly with their mountain environment, that they will suffer in need before traveling to Boulder or Longmont for needed services and resources. In a time of need, these mountain residents are far more likely to avail themselves of resources in a neighboring mountain community than to seek help on the flatlands, whether that need is for emergency shelter, disaster recovery assistance or human services. The IMA supports the well-being of these residents and their communities in multiple ways:
A Collective Voice – The combined voice of mountain residents, as expressed through the IMA, has gotten the attention of elected representatives at all levels, local, state and federal agencies and NGOs who have found the Alliance to be an effective way to communicate with hard-to-reach mountain residents and have become more aware of those residents’ needs and concerns.
Strengthened Community Relationships – As member communities prepare for their own needs, they increasingly expand their focus to include their neighbors. Examples include the Nederland Health and Human Services Task Force becoming the Peak to Peak Housing and Human Services Task Force and organizers of successful neighborhood pod systems, ham radio networks or Saws and Slaws wildfire mitigation programs sharing their experiences with other mountain communities.
Increased Preparedness – The IMA’s initial focus on emergency preparedness, response and recovery continues to be a major driver of Alliance efforts. The Alliance offers a convenient focal point for distributing emergency supplies and equipment (American Red Cross), distributing information (FEMA, Boulder County OEM, Boulder County Long-Term Flood Recovery Group) and inter-community disaster response coordination.
Real-Time Communication – In the September 2013 flooding, inter-community communications were critical, as IMA member communications helped keep the Boulder Office of Emergency Management (Boulder OEM) informed about the latest conditions in the field.
Community Empowerment – Self-reliance is a quality that typifies many mountain residents, and a community prepared to weather the first days of a disaster without outside aid is a community empowered to survive adversity.
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Town of Nederland OFFICIAL ELECTION RESULTS
Municipal and NDDA Elections April 5, 2016
Mayor: Kris Larsen 273 Chris Perret 181 Trustees: Dallas Masters 253 Julie Gustafson 251 Stephanie Miller 233 Topher Donahue 195 Roger Cornell 143 Eugene Smith 125 Municipal Ballot Question #1: “Shall the town of Nederland, Colorado, without creating any new tax or increasing any current taxes, be permitted to collect, retain and spend the full amount of town taxes, grants and all other revenue collected from all sources, in 2016 and each subsequent year thereafter, notwithstanding any state of Colorado limitations on revenue, growth or expenditures, including those contained in article x, section 20 of the Colorado constitution (TABOR)?” was voted YES 331, NO 118 The NDDA Ballot Question #2: 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 may include but are not limited to:
• Study, design and construction of parking and multi- modal traffic flow improvements, including maintenance and project management, in the downtown area;
• Study, design and construction of improvements, and mitigation of ecological areas, related to the middle boulder creek; and
• Programming, beautification and enhancement of the downtown area;
April 5, 2016 Municipal Election
NDDA Election
# Ballots sent 1067 191
# Ballots voted 468 62
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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? was voted YES 29, NO 33
DDA Ballot Question An issue arose during the election concerning the NDDA voting process and the requirement of businesses to provide an affidavit, designating a natural person to vote for the business (since a business is not a person). In a very limited number of elections, such as a DDA election, non-natural persons are allowed to vote if they designate by some official action a natural person to vote on their behalf. This process was confusing for many business owners and, as a result, we received a high number of ballots (19 of 62 voting) without corresponding affidavits. Anticipating that this could be an issue, the Clerk checked with Kim Crawford, the Town’s bond counsel that assisted with the NDDA’s election, regarding Town responsibilities in this matter. Crawford advised that the Town was not responsible to track down the affidavits, but that ballots without the affidavits would not be counted. This information was relayed to the Election Judges during their instructional period prior to commencement of ballot counting. At that time, the Judges agreed that ballots without affidavits would not be counted. After realizing how many ballots were returned without the affidavits, and in the interest of promoting a democratic election and not to disenfranchise eligible voters, the experienced Election Judges determined that if they could verify with at least 2 of the 3 Judges knowing the individual who signed the affidavit on the return envelope was, indeed, the person connected to that business they would include those ballots in the count.
After the election, the Town Clerk checked with Kim Crawford and was told that State Statute does not specify how to designate a voter, only that it must be by some “official action”. The names and signatures on the affidavits that were on the ballot return envelopes were used by the Election Judges to confirm the identity of the person voting and can be considered sufficient. A separate affidavit form, such as was used in this election, is not required, but was what the Town had determined in
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the previous 2012 election was the best way to designate natural persons to vote for a non-natural entity.
Due to the secrecy of a ballot, there is no way to go back after the fact and see which way the 19 counted ballots that didn’t have affidavits were voted. In looking forward to future elections, and to eliminate this type of confusion, the affidavit process could be made simpler. Instead of sending affidavits by a separate mailing and requiring that they be notarized, the affidavit could be placed on the return envelope (similar to the envelope affidavit used for the Town election). This is one idea for the NDDA to consider; there are likely others. It is also suggested that the NDDA -- either the Board itself or its legal representation -- should draft a clear set of election instructions and rules to be provided to the election officials and judges for their review well before the election, so as to clarify all of the rules well in advance.
In preparation for coordinating this election, the Town Clerk attended a CML-sanctioned elections training for Clerks and consulted often with the Town Attorney and the Town’s bond counsel for guidance before and during the election.
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AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES
Meeting Date: April 19, 2016
Initiated By: LauraJane Baur Dept: Administration
Information _____ Action __X___ Discussion ____
AGENDA ITEM: Swearing in of the newly elected Mayor and Trustees
SUMMARY: As per Nederland Municipal Code Section 2-171, and Colorado Revised Statutes 31-4-401, the Town Clerk shall administer the oath of office to all officers elected. HISTORY AND PREVIOUS BOARD ACTION:
Election Results from the Regular Municipal Election held April 5, 2016:
Kristopher Larsen was elected as Mayor by a vote of 273 to 181 over Chris Perret.
The first three vote-getters shown in the chart below shall be seated on the Board of Trustees.
TRUSTEES – 3 (4 year-terms) Dallas Masters 253 Julie Gustafson 251 Stephanie Miller 233 Topher Donahue 195 Roger Cornell 143 Eugene Smith 125
<<BOT Packet 04.19.2016 >>Page 99 of 210
AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: April 19, 2016 Prepared By: LauraJane Baur Dept: Administration Consent ☐ Information ☐ Action ☒ Discussion ☐
______________________________________________________________________ AGENDA ITEM: Recognition of outgoing Board members SUMMARY: Board members who have terms ending effective at this Board meeting are Mayor Joe Gierlach, Mayor Pro Tem Peter Fiori, and Trustees Topher Donahue and Randy Lee. HISTORY AND PREVIOUS BOARD ACTION: Mayor Gierlach was first appointed as Mayor in 2011. Mayor Pro Tem Fiori joined the Board of Trustees in 2011. Trustee Donahue has been on the Board since 2014, and will continue to serve out the vacancy caused by Kristopher Larsen’s election out Mayor. Trustee Lee will be leaving the Board after 4 years of service; he was first appointed in 2011.
<<BOT Packet 04.19.2016 >>Page 100 of 210
AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES
Meeting Date: April 19, 2016
Initiated By: LauraJane Baur Dept: Administration
Information _____ Action __X___ Discussion ____
AGENDA ITEM: Appointment to fill a two year vacancy created by Trustee Kris Larsen who has been newly elected as Mayor
SUMMARY: The Board typically appoints the vacancy from the remaining list of candidates on the Municipal Ballot. After the three top-voted candidates, Topher Donahue received the next highest number of votes in the April 5, 2016 election.
TRUSTEES – 3 (4 year-terms) Dallas Masters 253 Julie Gustafson 251 Stephanie Miller 233 Topher Donahue 195 Roger Cornell 143 Eugene Smith 125
If the Board does not wish to fill the vacancy in this way, the Town could advertise the position for later appointment. QUESTION BEFORE THE BOARD: How does the Board wish to address the vacancy?
<<BOT Packet 04.19.2016 >>Page 101 of 210
AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES
Meeting Date: April 19, 2016
Initiated By: LauraJane Baur Dept: Administration
Information _____ Action __X___ Discussion ____
AGENDA ITEM: Appointment of Trustee Charles Wood as Mayor Pro Tem
SUMMARY: As per Colorado Revised Statutes 31-4-303, at its first meeting, the Board shall choose one of the Trustees as Mayor Pro Tem. The Mayor Pro Tem serves in the absence of the Mayor.
QUESTION BEFORE THE BOARD:
1) Does the Board wish to nominate Trustee Charles Wood as Mayor Pro Tem for the current term (2016-2018)?
<<BOT Packet 04.19.2016 >>Page 102 of 210
AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES
Meeting Date: April 19, 2016
Prepared By: LauraJane Baur Dept: Administration
Information _____ Action __X___ Discussion ____
AGENDA ITEM: Consideration of approval of the following Resolutions to re-appoint staff: 2016-09, re-appointing Reis as Town Administrator 2016-10, re-appointing Reis as Zoning Administrator 2016-11, re-appointing Baur as Town Clerk 2016-12, re-appointing Carrill as Town Marshal 2016-13, re-appointing Beery as Town Attorney 2016-14, re-appointing Schneider as Town Prosecutor 2016-15, re-appointing Gloss as Municipal Judge Judge Gloss’ 2-year contract extension
SUMMARY: As per Colorado Revised Statutes, Title 31, Article 4, the Board of Trustees shall appoint officers for the good government of the corporation. RECOMMENDATIONS:
Alisha Reis – Town Administrator and Zoning Administrator Reis has served Nederland as Town Administrator since September 2010. Prior to this, she was Assistant City Manager in Monte Vista, Colorado. She has also worked in various public service capacities in planning, zoning, building review, human resources, and other functions. Before her public service career, Reis was a news reporter for various daily and weekly newspapers in Colorado. She holds a Bachelor of Arts degree in Journalism from Metro State College of Denver, as well as a Master of Arts degree in Politics/Public Policy from the University of Colorado. LauraJane Baur – Town Clerk Baur has served Nederland as Town Clerk since October 2014. Baur has previous experience in public service, non-profits and education. She has a Bachelor degree in Sociology from Albertus Magnus College and an Intensive Secretarial certificate from The Berkeley School. Paul Carrill – Town Marshal Carrill has over 25 years’ of law enforcement and emergency response training and experience. Carrill was first appointed as Interim Marshal in August, 2014, and then appointed as Town Marshal in February, 2015. He has an extensive history of public service in law enforcement.
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Carmen Beery, Town Attorney Murray Dahl Kuechenmeister & Renaud (MDK&R) has represented the Town since 2007. In 2009, Beery became the designated Town Attorney. Beery’s practice has focused on local government representation since her admission to the Colorado bar 14 years ago. The firm serves as general counsel to 10 Colorado municipalities, several Title 32 special districts and as special counsel to many other jurisdictions on a variety of specialized issues (condemnation, litigation, urban renewal, etc.). Beery has particular expertise in Constitutional and police issues. She received her Bachelor’s degree in communications/theater from Manchester College (IN) in 1995 and her J.D. from the University Of Colorado School Of Law in 2000. Donna Schneider, Town Prosecutor Schneider graduated from the University of Denver College of Law in 1997. She was admitted to practice law in the State of Colorado in 1998. She worked as a City prosecutor for the City of Westminster from 1998 to 2005. She is currently an Assistant City Attorney for the City of Wheat Ridge where she is the Municipal Court Prosecutor. Schneider has been employed with the City of Wheat Ridge since January 2006. She has been the Nederland Town Prosecutor since February of 1999. David Gloss, Municipal Judge After three years of judicial clerkship experience, Judge Gloss has practiced law in Colorado since 1986. Today, in addition to his duties as the Nederland Town Judge, Judge Gloss serves as the Gilpin County and Central City Judge, and maintains a private practice as well. He is a graduate of the University of Colorado and the University of Nebraska College of Law. He started with the Town in 2013. ATTACHMENTS: Resolutions 2016-09 through 2016-15 Contract with Judge David R. Gloss
<<BOT Packet 04.19.2016 >>Page 104 of 210
TOWN OF NEDERLAND Boulder County, Colorado
RESOLUTION 2016-09
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN ADMINISTRATOR
WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and
WHEREAS, the Nederland Municipal Code prescribes certain duties and functions of a
Town Administrator; and WHEREAS, pursuant to section 2-171 of the Nederland Municipal Code, the Board
finds that it is necessary and desirable to appoint a person to perform those duties and functions of the Town Administrator in the interest of maintaining the efficient and effective functioning of the Town; and
WHEREAS, the Board further finds that the person so appointed to perform the Town
Administrator duties shall be considered a Town officer and, as such, shall not be considered a statutory officer of the Town nor shall such person have any expectation of permanent employment with the Town as the Town Administrator; and
WHEREAS, the Town has entered into an employment contract with Alisha J. Reis to
perform the duties of the Town Administrator; and WHEREAS, after due and careful consideration of all relevant parties and factors, the
Board desires to re-appoint Alisha J. Reis as Town Administrator as set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF NEDERLAND, COLORADO:
Section 1. The Board of Trustees hereby re-appoints Alisha J. Reis the Town Administrator for the Town of Nederland.
Section 2. As Town Administrator, Alisha J. Reis is authorized to perform those duties and functions of the office as set forth in the Nederland Municipal Code.
Section 3. Except as specifically provided by law, Alisha J. Reis, as Town Administrator shall serve at the pleasure of the Board of Trustees and nothing herein shall create an expectation of continued employment.
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RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.
TOWN OF NEDERLAND
By: ________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
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TOWN OF NEDERLAND Boulder County, Colorado
RESOLUTION 2016-10
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING A TOWN ZONING ADMINISTRATOR
WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and
WHEREAS, the Board finds that it is necessary and desirable to appoint a Town Zoning
Administrator, such person to perform those duties and functions of the office of the Zoning Administrator as set forth in the Nederland Municipal Code; and
WHEREAS, after due and careful consideration of all relevant parties and factors, the
Board desires to appoint a Zoning Administrator as set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF NEDERLAND, COLORADO:
Section 1. The Board of Trustees hereby re-appoints Alisha J Reis as the Zoning Administrator for the Town of Nederland. The Board finds and determines that the office of Zoning Administrator is neither a statutorily-required office nor an office of equal responsibility or necessity as such offices such that justify the removal provisions of C.R.S. § 31-4-307. The Zoning Administrator hereby appointed may therefore be removed from said office at any time by a majority vote of the Board of Trustees voting thereon for any reason or for convenience. Such removal may be accomplished by motion.
Section 2. The Zoning Administrator hereby appointed is authorized to perform those duties and functions of the office as set forth in the Nederland Municipal Code.
RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.
TOWN OF NEDERLAND
By: ________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
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TOWN OF NEDERLAND Boulder County, Colorado
RESOLUTION 2016-11
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN CLERK
WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and
WHEREAS, the Board finds that it is necessary and desirable to appoint a Town Clerk;
and WHEREAS, after due and careful consideration of all interested parties and factors, the
Board has identified an individual whom they wish to appoint as Town Clerk; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment
be accomplished by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints LauraJane Baur as the Town Clerk for the
Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Town Clerk as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.
RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.
TOWN OF NEDERLAND
By: ________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
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TOWN OF NEDERLAND Boulder County, Colorado
RESOLUTION 2016-12
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING A TOWN MARSHAL
WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and
WHEREAS, the Nederland Town Code prescribes certain duties and functions of a
Town Marshal, an office which is currently vacant; and WHEREAS, the Board finds that it is necessary and desirable to appoint a person to
perform the duties and functions of this office in the interest of maintaining the efficient and effective functioning of the Town; and
WHEREAS, after due and careful consideration of all relevant parties and factors, the Board desires to appoint a Town Marshal as set forth in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND, COLORADO:
Section 1. The Board of Trustees hereby re-appoints Paul Carrill as the Town Marshal for the Town of Nederland, effective immediately. Unless otherwise provided, the person appointed by this Resolution is authorized to perform those duties and functions of the Town Marshal as set forth in the Nederland Municipal Code and as prescribed from time to time by the Board of Trustees.
RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.
TOWN OF NEDERLAND
By: ________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
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TOWN OF NEDERLAND Boulder County, Colorado
RESOLUTION 2016-13
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN ATTORNEY
WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and
WHEREAS, the Board finds that it is necessary and desirable to appoint a Town
Attorney; and WHEREAS, after due and careful consideration of all interested parties and factors, the
Board has identified an individual whom they wish to appoint as Town Attorney; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment
be accomplished by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints Carmen Beery as the Town Attorney for the
Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Town Attorney as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.
RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.
TOWN OF NEDERLAND
By: ________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
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TOWN OF NEDERLAND Boulder County, Colorado
RESOLUTION 2016-14
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN PROSECUTOR
WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and
WHEREAS, the Board finds that it is necessary and desirable to appoint a Town
Prosecutor; and WHEREAS, after due and careful consideration of all interested parties and factors, the
Board has identified an individual whom they wish to appoint as Town Prosecutor; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment
be accomplished by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints Donna Schneider as the Town Prosecutor for
the Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Town Prosecutor as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.
RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.
TOWN OF NEDERLAND
By: ________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
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TOWN OF NEDERLAND Boulder County, Colorado
RESOLUTION 2016-15
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE MUNICIPAL JUDGE
WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and
WHEREAS, the Board finds that it is necessary and desirable to appoint a Municipal
Judge; and WHEREAS, after due and careful consideration of all interested parties and factors, the
Board has identified an individual whom they wish to appoint as Municipal Judge; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment
be accomplished by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints David R. Gloss as the Municipal Judge for the
Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Municipal Judge as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.
RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.
TOWN OF NEDERLAND
By: ________________________________
Kristopher Larsen, Mayor
ATTEST:
_________________________________
LauraJane Baur, Town Clerk
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Extension of
AGREEMENT FOR MUNICIPAL JUDGE SERVICES
The attached Agreement for Municipal Judge Service between the Town of Nederland, a Colorado municipality (the “Town”) and David R. Gloss, an independent contractor (“Consultant”) dated October 18, 2013 is hereby extended with current terms and conditions for two years. The new expiration date will be 30 days after the next regular municipal election in April of 2018.
IN WITNESS WHEREOF, the parties hereto have executed this Extension of Agreement on the 19th day of April, 2016.
TOWN OF NEDERLAND ______________________________ Kristopher Larsen, Mayor ATTEST: _____________________________ LauraJane Baur, Town Clerk CONSULTANT
______________________________ David R. Gloss STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
___ day of , 2016, by as
.
My commission expires:
(S E A L) Notary Public
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AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: April 19, 2016 Prepared By: Alisha Reis Dept: Administration
Consent ☐ Information ☐ Action ☒ Discussion ☐
AGENDA ITEM:
Consideration of approval of a contract with Robert Half International (dba Accountemps) for accounting services
SUMMARY:
Attached for the Board’s consideration is a contract for professional services for accounting with Boulder accounting staffing firm Accountemps, a division of Robert Half International. In light of the department of the previous contract accountant, Mary Erwin, who was a sole practitioner, Town staff began reaching out to staffing firms to assist with project accounting, and then, more long-term bookkeeping. Given the importance of solid financial services and the difficulty in recruiting accounting assistance locally, staff recommends contracting with Accountemps, which is a well-known financial staffing firm. The firm vets all candidates it places, including background and financial checks, as well as skills testing and fitting for clients. One of their contract accountants has been assisting us on the short-term work of closing out the Town’s 2015 books and preparing for the annual audit. We also have caught up all year-to-date accounts payable and receivable, positioning the Town’s financials to be back on track for the year by May. Accountemps has identified candidates for the long-term position, and will replace any contract help as may be appropriate. This contract will operate similar to our contracts for other professional services, such as engineering and legal services. This will be a better solution for the Town in the long run than attempting to recruit on our own. HISTORY AND PREVIOUS BOARD ACTION:
The Town lost its long-time treasurer, Eva Forberger in June 2015, after 8 years with the Town. On June 2, 2015, the Board appointed Scott Ehlers to the position of Town Treasurer. Subsequently, Ehlers resigned. At the time of interviewing, the selection committee had narrowed the choice down to two candidates -- Ehlers and Jeffery Maggard. The Board appointed Maggard as Treasurer at its July 21, 2015 meeting. Maggard submitted his notice of resignation in September 2015, citing conflict with personal obligations.
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The Board subsequently approved a contract with Erwin in November 2015. She later was not able to continue the work. QUESTION BEFORE THE BOARD:
1) Does the Board wish to approve the contract?
RECOMMENDATIONS:
Approve the contract for accounting services. ATTACHMENTS:
1) Contract
FINANCIAL CONSIDERATIONS:
The contract amount will be for no more than $30,000, based upon a contract rate of $32/hour for 25 hours per week for the remaining 37 weeks of the year. The Town has budgeted $64,000 for accounting in 2016, and this amount will remain within budget.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this ___ day of April, 2016, by and between the Town of Nederland, a Colorado municipality (the "Town") and Robert Half International, Inc. d/b/a Accountemps (“Vendor”), to provide accounting and financial professional services to the Town, commencing on ________________________ , 2016 (the “Agreement”).
WHEREAS, the Town requires professional services; and
WHEREAS, Vendor has held itself out to the Town as having the requisite expertise and experience to supply the required services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Vendor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from Exhibit A, attached hereto and incorporated herein by this reference.
B. A change in the Scope of Services shall constitute any material change or amendment of services or work which is different from or additional to the Scope of Services. No such change, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Vendor proceeds without such written authorization, then Vendor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action.
II. REPORTS, DATA AND WORK PRODUCT
A. The Town shall provide Vendor with reports and such other data as may be available to the Town and reasonably required by Vendor to perform the Scope of Services. All documents provided by the Town to Vendor shall be returned to the Town. Vendor is authorized by the Town to retain copies of such data and materials at Vendor's expense.
B. The Town acknowledges that the Vendor's work product is an instrument of professional service. Nevertheless, all work product prepared under this Agreement shall become the property of the Town upon completion of the work. Vendor shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Scope Services shall remain the property of Vendor.
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C. Upon request, Vendor shall provide to the Town electronic versions of all work product, in the format directed by the Town.
D. The Town shall retain records relating to this Agreement for three (3) years after final payment is made to Vendor pursuant to Section III below.
III. COMPENSATION
A. Compensation in the amount of no more than $30,000 due to Vendor for the remainder of the 2016 fiscal year. Any future compensation shall be negotiated with any permitted annual renewals of the Agreement.
B. At intervals determined appropriate by Vendor, Vendor shall invoice the Town for services rendered. Upon receipt of such invoices, the Town shall make payment in full within thirty (30) days.
C. Notwithstanding the maximum amount specified in subsection A hereof, Vendor shall only be paid for work performed. If Vendor completes the Scope of Services for a lesser amount than the maximum amount, Vendor shall be paid the lesser amount, not the maximum amount.
IV. PROFESSIONAL RESPONSIBILITY
A. Vendor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law.
B. The work performed by Vendor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms or individuals in the same or similar type of work in the applicable community. The work and services to be performed by Vendor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.
C. Vendor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Vendor under this Agreement. Vendor shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions that fall below the standard of professional practice.
D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Vendor of responsibility for technical adequacy of the work. Neither the Town's review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
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E. Because the Town has hired Vendor for its professional expertise, Vendor agrees not to employ subcontractors to perform more than twenty-five percent (25%) of the work required under the Scope of Services. Upon execution of this Agreement, Vendor shall furnish to the Town a list of proposed subcontractors, and Vendor shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Vendor and subcontractors shall conform to this Agreement.
V. INSURANCE
A. Vendor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Vendor pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law.
B. At a minimum, and without limiting the scope of the foregoing Subsection A., Vendor shall procure and maintain, and shall cause any subcontractor of Vendor to procure and maintain commercial general liability insurance and professional liability insurance (also known as “Errors and Omissions” insurance), each such policy with a minimum combined single limit of five hundred thousand ($500,000) dollars each occurrence and one million dollars ($1,000,000) general aggregate, applicable to all premises and operations. Such coverage shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.
C. Any insurance carried by the Town, its officers, its employees, or its Vendors shall be excess and not contributory insurance to that provided by Vendor. Vendor shall be solely responsible for any deductible losses under any policy.
D. Vendor shall provide to the Town a certificate of insurance, completed by Vendor's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto.
E. Failure on the part of Vendor to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Vendor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Vendor from the Town.
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VI. INDEMNIFICATION
Vendor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss which arise out of or are in any manner connected with this Agreement or the Scope of Services if such injury, loss, or damage is caused by the act, omission, error, professional error, mistake, negligence, or other fault of Vendor, any subcontractor of Vendor, or any officer, employee, representative, or agent of Vendor or of any subcontractor of Vendor, or which arise out of any workmen's compensation or other employment-related claim of any employee of Vendor or of any employee of any subcontractor of Vendor. Insurance coverage requirements specified by this Agreement shall in no way lessen or limit the liability of Vendor under the terms of this indemnification obligation.
VII. TERMINATION
This Agreement shall terminate: (a) at such time as the work described in the Scope of Services is completed and the requirements of this Agreement are satisfied or (b) upon the Town's providing Vendor with thirty (30) days advance written notice, whichever occurs first. After termination, the Town shall pay Vendor for all work previously authorized and completed prior to the date of termination. If, however, Vendor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Scope of Services, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Vendor.
VIII. CONFLICT OF INTEREST
The Vendor shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement.
IX. INDEPENDENT CONTRACTOR
Vendor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Vendor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Vendor for all purposes. Vendor shall make no representation that it is a Town employee for any purposes.
X. ILLEGAL ALIENS
A. Pursuant to C.R.S. § 8-17.5-102(1), Vendor hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an
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illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement.
B. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement nor shall it enter into a contract with a subcontractor that fails to certify to the Vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.
C. The Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program.
D. The Vendor is prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.
E. If the Vendor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Vendor shall be required to: (a) notify the subcontractor and the Town within three (3) days that the Vendor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to C.R.S. Section 8-17.5-102 (2) (III) (A) the subcontractor does not stop employing or contracting with the illegal alien; except that the Vendor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
F. The Vendor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102 (5), C.R.S.
G. Any violation of subsections A through F above shall be deemed to be a material breach of this Agreement and the Town may immediately terminate this Agreement for cause. If this Agreement is so terminated, the Vendor shall be liable for actual and consequential damages to the Town pursuant to C.R.S. Section 8-17.5-102(3) and the Town shall notify the office of the Secretary of State of such violation and termination.
XI. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado.
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B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement.
C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Vendor and the Town, superseding all prior oral or written communications.
D. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Town or Vendor. The Vendor’s services under this Agreement are being performed solely for the Town’s benefit, and no other party or entity shall have any claim against the Vendor because of this Agreement or the performance or nonperformance of services hereunder. The Town and Vendor agree to require a similar provision in all contracts with contractors, subcontractors, subVendors, vendors and other entities involved in this Project to carry out the intent of this provision.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows:
The Town: Town of Nederland
Alisha Reis, Town Administrator P.O. Box 396 45 W. First Street Nederland, Colorado 80466
Vendor: Robert Half International Inc. dba Accountemps 2595 Canyon Blvd. Waterstreet Building, Suite 450 Boulder, Colorado 80302
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written agreement of the parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other.
I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the
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Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees.
J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.
K. ARTICLE X, SECTION 20/TABOR. The parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Nederland and other applicable law. Notwithstanding any other provision of this Agreement concerning termination, upon the Town's failure to appropriate such funds, this Agreement shall automatically terminate.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above.
TOWN OF NEDERLAND
Kristopher Larsen, Mayor
ATTEST: LauraJane Baur, Town Clerk
VENDOR
By: STATE OF COLORADO )
) ss. COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20___, by as .
My commission expires: (S E A L)
Notary Public
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EXHIBIT A
Scope of Services
Process Accounts Payable/Accounts Receivable
Process payroll for approximately 30 employees
Month end close/year end close
Preparation of financial statements
Bank reconciliations
Fund accounting: management of utility funds and general fund
Assist with audit prep/work with external auditors to ensure an
accurate and timely audit
Other office duties as assigned
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AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: April 19, 2016 Prepared By: Alisha Reis Dept: Administration Consent ☐ Information ☐ Action ☒ Discussion ☐
Consideration of approval of a contract with MW Golden to build the new Town Maintenance Shops
SUMMARY:
The Board of Trustees approved the Town Shop project in summer 2015. The project was put out to bid late last fall, as voters in November 2015 approved the retention of project grant funds awarded by the State Department of Local Affairs (DOLA). The Board on Feb. 16, 2016 approved a further grant proposal for supplementary funds for the project. Those are expected to be awarded in May. In the interim, the project team has prepared the attached contract to allocate funding for the already approved $1.6 million in project funds ($800,000 from DOLA grant and $800,000 approved as part of the 2016 Town Budget).
As originally presented in November 2015, two firms answered the advertisement for construction of the Town Shops project. The apparent, responsive low bidder was MW Golden of Castle Rock. The Board directed Town staff at that time to continue negotiating with MW Golden in an effort to reduce the cost of the project from the original bid, which was over the project budget. Town staff reported the results of that effort at the Board’s Jan. 19, 2016 meeting, in which it was reported that additional funds would be needed to complete the entirety of the planned scope of the project.
Additional funds were reallocated by the Board from the Capital Improvement Program (CIP) budget for 2016 and 2017 to produce matching funds for additional DOLA grant funds. When those funds are awarded, a contract amendment may be approved at that time, likely at the second meeting in May or the first meeting in June.
It is important to award contract on the bulk of the project, as the pre-manufactured metal building scheduled for the project takes an estimated 8 weeks to build in factory. The building will arrive on site in July, with April approval of contract.
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Town staff began tree removal and earth work at the site in March, and it is now prepared to move forward.
Attached for the Board’s consideration is the construction contract for the $1.6 million budget. It has passed through legal review with the Town Attorney and is now ready for approval by the Board.
Town staff, the project engineer Joel Price of JVA, and the contractor will be present at the Board’s April 19 meeting to answer questions.
Background
The Town was awarded $800,000 from DOLA in August 2015, to pair with $800,000 in Capital Improvement Program (CIP) funds budgeted in 2016 from the General, Water and Sewer funds, for a total $1.6 million construction budget.
Actual costs have come in at nearly $2 million (final value engineered budget attached). Additional funding was allocated from CIP funds, to pair with $240,000 in additional grant funds requested from DOLA.
Additional project information is available at: http://nederlandco.org/ongoing-projects/.
QUESTION BEFORE THE BOARD
Does the Board wish to allow the Mayor to sign the contract?
Does the Board wish to make any significant changes to the contract terms?
ATTACHMENTS:
1) Construction Contract with MW Golden
2) Final value engineering letter, dated Jan. 29, 2016 (construction costs)
FINANCIAL CONSIDERATIONS:
Project cost breakdown is attached.
#NEDZERO ALIGNMENT:
7I-02: Construct a new Public Works Shop that complies with Nederland's 2020 Vision and environmentally preferred practices while supporting the delivery of essential services.
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AlA Document A101- 2007
Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum.
AGREEMENT made as of the 19th day of April in the year 2016
BETWEEN the Town of Nederland And the Contractor: MW Golden Constructors
P.O. Box 338 Castle Rock, CO 80104-0338
For the following Project: Nederland Town Maintenance Shops 288 Ridge Road Nederland, CO 80466
Project Engineer: JVA Inc. 1319 Spruce Street Boulder, CO 80302
The Owner and Contractor agree as follows.
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TABLE OF ARTICLES
THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT
DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 210 days from the date of commencement, or November 15, 2016.
Because time is of the essence and delayed performance constitutes a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty. For each day that Substantial Completion is delayed, for a portion of the work for which a Substantial Completion Date is specified under Section 3.3 above, as modified through approved change orders, Contractor shall be assessed the amount of $1,000 per day. Allowing Contractor to continue and finish the Work or any part thereof after the relevant Substantial Completion Date shall not operate as a waiver on the part of the Town of any of its rights under the Contract Documents. Any liquidated damages assessed shall not relieve Contractor from liability for any damages or costs of other contractors caused by a failure of Contractor to complete the Work in the Contract Time. Liquidated damages may be deducted from any payment due Contractor or the retainage. If the liquidated damages exceed the amount owed to Contractor, Contractor shall reimburse the City.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be $1.6 million (one million six hundred thousand dollars), subject to additions and deductions as provided in the Contract Documents.
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/AP (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)
§ 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.)
Item Price ($0.00)
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Project Engineer by the Contractor and Certificates for Payment Issued by the Project Engineer, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
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§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.
§ 5.1.3 Provided that an Application for Payment is received by the Project Engineer not later than the 15th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Project Engineer after the application date fixed above, payment shall be made by the Owner not later than 45 days after the Project Engineer receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.
§ 5.1.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when:
1. The Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in the attached General Conditions; and
2. A final Certificate for Payment has been issued by the Project Engineer.
§ 5.2.2 The Owner's final payment to the Contractor shall be made in accordance with Article 14 of the attached General Conditions and § 8.6.3 of this Agreement.
ARTICLE 6 DISPUTE RESOLUTIONS
§ 6.1 DISPUTE RESOLUTION
Dispute resolutions are provided for in Article 16 of the attached General Conditions.
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated or suspended by the Owner or the Contractor as provided in Article 15 of the attached General Conditions.
ARTICLE 8 MISCELLANEOUS PROVISIONS
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§ 8.1 Where reference is made in this Agreement to a provision of AlA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
§ 8.3 The Owner's representative:
Alisha Reis
Town Administrator Town of Nederland PO Box 396 Nederland, CO 80446
§ 8.4 The Contractor's representative: Jason Golden Executive Vice President MW Golden Constructors PO Box 338 Castle Rock, CO 80104-0338
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party.
§ 8.6 Other provisions:
§ 8.6.1 ORAL AGREEMENTS PROHIBITED: This Contract is expressly subject to the provisions of C.R.S. § 29-1-110(1), and Contractor acknowledges that neither the Town nor any employee or agent thereof is authorized to expend or contract for the expenditure of any monies in excess of those appropriated by the Town of Nederland Board of Trustees. The Town acknowledges and agrees that sufficient funds have been appropriated to pay the Contract Price, but Contractor shall not rely upon the appropriation of any monies or other funds in addition to those already appropriated unless and until the same are lawfully appropriated by the Town Board of Trustees. § 8.6.2. INDEPENDENT CONTRACTOR: Contractor, for all purposes arising out of this Contract, is an independent contractor and not an employee of the Town. It is expressly understood and agreed that Contractor shall not be entitled to any benefits to which the Town’s employees are entitled, such as overtime, retirement benefits, worker's compensation, injury leave or other leave benefits. § 8.6.3. FINAL PAYMENT AND RETAINAGE: COLORADO LAW
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Notwithstanding any other provision of this Contract to the contrary, including but not limited to Article 14 of the General Conditions, upon final completion of the Work, the Town shall pay the Contractor the remainder of the Contract Price theretofore unpaid. Notwithstanding any other part of this Section, the Contractor agrees that the Town shall, when required by C.R.S. § 38-26-107(1), publish a “notice of final payment” in a legal Boulder County newspaper prior to making final payment to the Contractor. This notice of final payment advertises the date, time, and place when final payment will be made and is intended to alert subcontractors so they can present any claims for unpaid amounts to the Town. The final payment procedure typically delays the final payment made to the Contractor of the retainage amount. Regardless of whether “notice of final payment” is required by state statute, final payment shall not be made to the Contractor until the Town has complied with all applicable requirements of C.R.S. § 38-26-107 and all claims, if any, have been resolved to the satisfaction of the Town.
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.
§ 9.1.1 The Agreement is this executed AlA Document A101-2007, Standard Form of Agreement between Owner and Contractor.
§ 9.1.2 The General Conditions are attached, Standard General Conditions of the Contract.
§ 9.1.3 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number Title Date
§ 9.1.6 The Addenda, if any:
Number Date Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above.
TOWN OF NEDERLAND
Kristopher Larsen, Mayor
ATTEST:
LauraJane Baur, Town Clerk
CONTRACTOR
By: Jason Golden, Executive Vice President
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20___, by as .
My commission expires:
(S E A L)
Notary Public
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EJCDC C-700 Standard General Conditions of the Construction Contract
6.21 Delegation of Professional Design Services ..............................................................................34
Article 7 – Other Work at the Site ..................................................................................................................35
7.01 Related Work at Site...................................................................................................................35
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of
these General Conditions.
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Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009
CASTLE ROCK ▪ COLORADO ▪ GRAND LAKE www.mwgolden.com
January 29, 2016
JVA, Incorporated 1319 Spruce Street Boulder, CO 80302
Attention: Joel Price
Reference: Town of Nederland – Public Works Facility
Subject: Accepted Value Engineering Items and Additional Cost Cutting Items
Dear Joel:
The following is an explanation of the agreed upon changes to the contract documents. 01 51 00 – Temporary Power/ Utilities ($6,371.00)
It was agreed upon that the owner will fund the temporary meter costs for construction power and gas. Specifications state that the contractor shall pay all costs associated with power services, now shall indicate this will be provided by the owner.
01 57 00 – Snow and Ice Removal ($10,147.00) It was agreed upon that the town will perform snow and ice removal. 01 56 26 – Temporary Fencing ($657.00) Due to the site reduction the amount of temporary fencing will reduce to 1,500 LF. 03 30 00 – Concrete ($35,242.00) The west side of the building’s exterior concrete paving, which is 2,100 square feet, will be deleted. This is inclusive of concrete paving, reinforcement and striping. Precast parking blocks have been added to precast. Due to the under slab insulation being removed the vapor barrier will be added back in the project scope. The specifications call for a 10mm vapor barrier under slab. All concrete for the salt and sand storage building will be removed from the bid. 03 40 00 – Precast Concrete ($8,525.00) It was agreed upon that the jersey barriers (bin blocks) will be removed from the scope of the project. 05 50 00 Metal Fabrication ($2,138.00) It was agreed upon that steel bollard size would be reduced to 7’-0”. The drawings indicate 8’-0” steel bollards with cap. The substitution of metal grated treads on the stairs as opposed to concrete treads. It was agreed upon that the stair railing infill rails will be reduced by two. The drawings indicate 8 infill rails to be used, this will be reduced to 6 infill rails.
06 40 00 Architectural Woodwork ($2,203.00) It was understood that the necessary work required to install the stock Corian window sills in lieu of group “C” Corian window sills would be less, therefor we deemed it appropriate to substitute said stock Corian window sills. The specifications call for group “C” Corian window sills, this substitute would include group “A” Corian window sills.
It was agreed upon to substitute A&M counter supports in lieu of Rakks Brackets. The specifications call for Rakks “model EH-1824”, the substitute will include A&M brackets (model to be determined at a later date).
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Nederland Public Works Facility January 29, 2016 Page: 2
Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009
CASTLE ROCK ▪ COLORADO ▪ GRAND LAKE www.mwgolden.com
07 21 14 – Under Slab Insulation ($4,500.00) It was agreed upon that the under slab insulation will be reduced to just 4 foot around the perimeter of the public
works structure. 07 72 00 – Roof Accessories ($8,536.00) It was agreed upon that the fall protection is unnecessary due to the slope of the roof. The specifications call for a
metal wire fall protection system, this system will be removed. 08 33 00 – Overhead Doors ($3,011.00) It was agreed upon that the type of overhead door may be changed. The specifications call for Stormtite AP Model 626 coiling doors and a Clopay Model 3720 sectional door, we have selected doors from Overhead Door Company of Denver that are comparable to the requested doors. The coiling doors are series 620 and the sectional door is a series 591, both are manufactured by Overhead Door Company. 09 29 00 – Gypsum Board ($1,486.00) It was agreed upon to remove the abuse board specified for the second story hallway. The drawings call for 5/8” abuse resistant gypsum board in the hallways, this product will be removed from the bid. 09 51 23 – Acoustical Tile Ceiling ($912.00) It was agreed upon that Rockfon ceiling tiles would be used in lieu of Armstrong World Industries, Inc. 09 60 00 – Flooring ($2,806.00) It was understood that sealed concrete would be used for the entire floor in lieu of vinyl composite tile flooring. The specifications call for 12” x 12” x 0.125” Armstrong VCT flooring, Permasil concrete sealant will be used as a substitute. 10 22 13 – Wire Mesh Partitions ($7,266.00) It was agreed upon that chain link fencing is to be used in lieu of the wire mesh partitions. 10 28 00 – Toilet, Bath, and Laundry Accessories ($277.00) It was agreed upon that the toilet bath and laundry accessories will be changed from Bobrick Washroom Equipment to Gamco Specialty Accessories. 11 24 29 – Fall Protection ($8,467.00) It was agreed upon that the fall protection was unnecessary due to the low slope of the roof, therefore it has been removed from the scope. 11 52 00 – Audio Visual Equipment ($948.00) It was agreed upon that the drop down projection screen was to be removed due to the marker board having projection screen capabilities. 13 31 00 – Fabric Structure ($46,820.00) The fabric structure has been removed from the scope. 13 34 19 – Metal Building System ($3,139.00) It was agreed upon that the horizontal panels on the exterior of the metal building will be removed in exchange for the vertical paneling in accordance with the specifications and quoted material. 22 00 00 – Mechanical ($28,100.00)
Change Specification on Plumbing Fixtures ($3,000.00) Decrease to traffic rated trench drains ($9,000.00)
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Nederland Public Works Facility January 29, 2016 Page: 3
Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009
CASTLE ROCK ▪ COLORADO ▪ GRAND LAKE www.mwgolden.com
Remove solar thermal from Mechanical bid ($8,000.00) Remove sand and oil interceptor ($3,000.00) Remove air compressor from bid ($2,500.00) Controls subcontractor voluntary credit ($2,600.00)
23 56 13.19 – Solar Thermal ($11,600.00) It was agreed upon that the solar thermal system would be removed from the scope.
26 00 00 – Electrical ($6,113.00) It was agreed upon that aluminum feeders may be substituted for copper feeders. The specifications call for copper feeders, but it was suggested to us the aluminum feeders would be a viable option in reducing cost. It was agreed upon that the 2 – L type fixtures and circuitry, and partial underground in the sand and salt storage building will be removed. As well as the light pole adjacent to the police impound lot. 26 31 00 – Photovoltaic ($14,438.20) As requested by the engineer and the owner a 10.7 kWh photovoltaic system has been substituted for a 16.9 kWh photovoltaic system. 31 00 00 – Earthwork ($109,277.00) It was agreed upon that the town will perform cleaning and grubbing, tree removal, fine grading, living fence grading, and tree installation. The installation of a Vehicle Traction Control pad will be deducted from this bid per agreement from the owner and engineer. It was agreed up that the west side of the site would be removed from the scope, therefore the following will be reduced in the bid price: rough grade (-61,000 SF), rip rap (-475 TN), class 6 road base (-1475 TN), and scarify and re-compact (-61,000 SF).
32 31 00 – Fencing and Gates ($7,174.00) It was agreed up that the west side of the site would be removed from the scope, due to this reduction the Police impound lot fencing and gates will be removed from the scope. 32 92 19 – Landscaping ($5,255.00) It was agreed up that the west side of the site would be removed from the scope, due to this the seeding will be reduced 2,389 SF. Native seed is assumed to be acceptable without blankets. 33 00 00 – Water Utilities ($9,431.00) It was agreed upon that the Town of Nederland will be purchasing and supplying the piping for the water utilities. If piping remains in MWGC contract, purchasing PVC C900 in lieu of ductile iron pipe will save – ($2,041.92)
Alternate 1: It was agreed upon that the Town to Nederland will purchase the ductile iron piping for water main from ridge road to property line - ($22,453.00)
If piping remains in MWGC contract, purchasing PVC C900 in lieu of ductile iron pipe will save: – ($12,897.48) 48 16 00 – Geothermal Loop ($16,431.00) Change subcontractor to Can-Am Drilling
Additional Scope Deferral Options:
08 33 00 – Overhead Doors ($800.00) It was understood that the Town of Nederland has two coiling door motors, the price to install these motors would be $800 by Overhead Door Company. Please verify that the motors are fit to operate the coiling doors.
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Nederland Public Works Facility January 29, 2016 Page: 4
Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009
CASTLE ROCK ▪ COLORADO ▪ GRAND LAKE www.mwgolden.com
12 20 00 – Window Coverings ($1,220.00)
Remove window shades from bid
26 31 00 – Photovoltaic ($28,123.00) Remove the photovoltaic system from the project. 33 00 00 – Utilities ($144,107.10) If Town of Nederland performs water main from Ridge Road to public works building. The following is a detailed cost breakdown of the above referenced project:
Division Description Total Cost Cost Per SF % of Total
Nederland Public Works Facility January 29, 2016 Page: 5
Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009
CASTLE ROCK ▪ COLORADO ▪ GRAND LAKE www.mwgolden.com
Division Description Total Cost Cost Per SF % of Total 329219 Seeding $12,800 $2.44 0.67% 323100 Fencing and Gates $- $- 0.00% 331000 Water Utilities $108,377 $20.64 5.71% 481600 Geothermal Loop $26,950 $5.13 1.42% 600000 Insurance $34,376 $6.55 1.817% 600001 Payment and Performance Bond $13,686 $2.61 0.72% 600002 Margin $106,560 $20.30 5.62% Total: $1,897,378 $361.41 100.00%
Alternate 1, Water main from Ridge Road to property line: (original bid price: $124,428.00) Division Description Total Cost Cost Per SF % of Total
330000 Base Bid $115,914 $15.93 115.13% 330000 Ductile piping paid for by town (-$22,162) (-$3.05) (-22.01%) 600000 Insurance $469 $0.06 0.47% 600001 Payment and Performance Bond $809 $0.11 0.80% 600002 Margin $5,653 $0.78 5.61% Total: $100,683 $13.84 100%
Project Grand Total (Base bid and Alternate 1): $1,998,061.00 Town of Nederland Self Performed Scope: Division Description Total Cost
015100 Temporary Power and Utilities $6,840.00 015700 Snow and Ice Removal $10,894.00 034000 Bin block placement $3,306.00 310000 Grubbing, tree removal, and fine grading $7,412.00 310000 Water pipe purchasing for utilities and alternate $33,899.0 310000 Living fence grading and tree installation $3,103.00 Total: $65,454.00