June 2022

Hello Superior – here’s my monthly update for June 2022.  Read on for updates on our drinking water, Marshall Fire debris removal, new businesses coming to town, community events, a letter from Nepal, and more…

4th of July Parade & Pancake Breakfast

Celebrate the “Superior Spirit” with the return of pancakes and kickball in this year’s Superior Fourth of July festivities on Monday, July 4th, from 7:00 a.m. – 12:00 p.m.  We’ll be featuring ALL the Superior traditions (old and new): Superior Mile, Community Parade, Pancake Festival, and a Community Center Celebration.  Hope to see you all there!  I’ll be the guy playing the drums again in my Trustee truck in the parade.  For more information on how to register for any of the events or volunteer, click here.

More Community Events

There are a ton of community events coming up and I encourage you to mark your calendars and participate in as many as you can. ALL OF US have been deeply impacted by the Marshall Fire and coming together as a community is one of the best ways for our community to heal. 

• Town Sponsored Events: 
  • July 4 – Race/Parade/Festival 
  • September 17 – Chili Fest
• Rock Creek Master HOA Movie nights in Community Park: 
  • June 17
  • July 15
  • August 19  
• Rock Creek HOA Oktoberfest – October 1
• The Superior Community Center also has daily and weekly events. Be sure to check out the website www.superiorcommunitycenter.com. The Town has recently added movie nights and a new program Kids Read Aloud run by our Superior Youth Council.

New & Re-Opening Businesses

Over the coming months, we’re going to be seeing several new businesses opening in Superior.

• Santiago’s Mexican Restaurant – next to Wayne’s BBQ – opening Summer 2022
• Papa John’s – leased the former Bishops Barbershop space – opening Fall 2022
• Bambei Brewing – leased former Old Chicago Restaurant – opening November 2022
• Pat’s Tap – Craft Beer Hall – will be located next to Safeway – opening late 2002

We’re also expecting re-openings by Target (August) and Wayne’s Smoke Shack (late 2022?).  

For more information on Superior’s business community, be sure to check out the Superior Chamber of Commerce.  The Chamber is always sponsoring great events to support our local businesses. 

Drinking Water

I previously wrote posts about our drinking water in early– and mid-January, March, and April.  I encourage you to read all of these posts in chronological order, as they describe how our water system is designed and how it works, the damage that was suffered as a result of the fire, and what steps have been taken thus far to fix the problems.

GAC System

As described in my April and May updates, work on the installation of a Granular Activated Carbon filtration system at our Water Treatment Plant is progressing.  The concrete pad has been poured and all piping, valves, and parts are on-site.  In addition, the tanks were delivered this week (see picture above).  The system should be operational the week of June 13.

Pump Station Replacement

The Town’s drinking water system utilizes two main pump stations (which we refer to as the A/B and C/D pump stations) to circulate drinking water throughout the Town.  The C/D pump station was destroyed in the Marshall Fire and the Town has been exclusively relying on the A/B station in the months following the fire. A few weeks ago, new pumps for the C/D pump station were installed. Those new pumps were turned on and tested, and were successful in circulating water to the A/B pump station, which is located on the opposite end of Town.  

Recently, we’ve heard some complaints about a change in water taste.  Town Staff believes that this is due to the testing of the new C/D pump station.  The C/D pump station has been shut down again and will be operational once it can be connected to the Town’s SCADA digital monitoring system.  

We anticipate that once the GAC System comes online next week, all remaining water quality issues will be fully resolved.  Northern Water has been supplying water to the Town’s Terminal Reservoir and most of the ash-affected water has been flushed through the system, used in our irrigation system, and replaced with fresh water.  Also, ash removal at the reservoir has been completed. Chlorine and pH levels are at proper levels and coincide with levels historically provided to the system prior to the fire. All in-house and laboratory testing indicate the plant is functioning well.

Debris Removal

Debris removal from the Marshall Fire continues.  Over the past 7 weeks (since the start of the Private Property Debris Removal Program (PPDR)), almost 80 parcels in Sagamore have been cleared or are nearing final completion. Hydromulching of cleared lots began on June 2, which is the next to last step for parcels to be ready for rebuilding.  DRC (the contractor hired to perform the debris removal) has 15 crews working in Superior and they are currently working on 183 lots.  There are 89 haul trucks that are being used to haul ash, concrete, metal, trees, and other debris away.  Soil testing is underway for the lots that have been cleared and so far, only 2 lots have needed to have additional soil removed/remediation performed after soil test results came back.  For additional information on the Marshall Fire Recovery process, I encourage you to check out the following resources:

• Superior Recovers Dashboard 
• Superior Debris Removal Map 
• Boulder County Recovery Dashboard 
• Boulder County Debris Removal Map 

In addition, the Town’s building department has put together some helpful resources on the building permit process, including a flow chart for the permit process, a checklist for permit submittals, and permit rebate calculator, which is available here. 

Debris Removal Lawsuit Dismissed

On May 31, a second lawsuit challenging the award of the PPDR contract to DRC was dismissed.  Ceres Environmental Services, Inc. was one of the bidders for the contract to clean up Marshall Fire-related debris from private properties participating in the county’s coordinated debris removal program. Ceres was not selected as a finalist, and Boulder county ultimately awarded the bid to the lowest bidder, DRC Emergency Services. In its lawsuit, Ceres claimed that the county’s bid process was flawed and argued that the county should stop the cleanup and rebid the contract.  

In granting the County’s motion to dismiss the lawsuit, the Court found that Ceres, as a losing bidder, lacked standing to challenge the award and failed to state a valid claim for relief. In March, a prior lawsuit attempting to halt debris removal by a different plaintiff, was also dismissed on lack-of-standing grounds.  

The ​​Private Property Debris Removal (PPDR) program work has been underway since mid-April and continued while the lawsuit proceeded. The Federal Emergency Management Agency is reimbursing 90% of the eligible costs of the project, with the state’s and local jurisdictions’ cost-share being 5% each.  More information about the debris removal program is available here. 

Letter from a Friend

During the last week of school, I found this letter while unpacking my son’s backpack and wanted to share it with the community.  I love how the Town’s Sister City program with Khandbari, Nepal is connecting our communities through our youth.  My son’s favorite animal is also a red panda so, Ayush, you may have gained a penpal for life.

New Gun Violence Ordinance

At a Special Meeting of the Town Board on June 7, Superior joined with Boulder, Louisville, and Lafayette in adopting various measures to make Superior safer from the threat of gun violence.  Among other things, the new Ordinance raises the age of possession from 18 to 21, bans assault weapons, bans “ghost” guns (which lack serial numbers), bans bump-stock trigger activators and large capacity magazines, and regulates the purchase and sale of firearms in Superior in ways designed to reduce threats to the public and to prevent suicide and crime.  A copy of the draft Ordinance is included here. 

I believe that the restrictions we adopted are reasonable and narrowly tailored and should be supported by those who consider themselves responsible gun owners. I also believe that they are consistent with the 2nd Amendment and the case law interpreting it. As Justice Scalia said in the Heller case, “Like most rights, the right secured by the Second Amendment is not unlimited.”  And, “the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”  I am proud that my fellow Board members joined me in voting to adopt this Ordinance unanimously.  

Superior Rising

Our amazing friends over at Superior Rising continue to host community-building and other informative events to help Superior recover and rebuild from the Marshall Fire.  While some of their events are focused on providing information (such as navigating the insurance claims filing process or smoke remediation), on Father’s Day (Sunday, June 19), Superior Rising will be hosting the first Block Party to celebrate the debris removal progress in Sagamore.  If you would like to volunteer at the event, please contact Renee Alaniz at renee.alaniz.ra@gmail.com.  Stay tuned for more information from Superior Rising’s website: https://www.superiorrising.org/

Chat with the Chief

David Salaman is a Sergeant for the Boulder County Sheriff’s Office and is now serving as the Police Chief in the Town of Superior.  He will be hosting a “Chat with the Chief” at the Superior Community Center on June 22 from 8:30 – 9:30am.  This will be a great opportunity for residents to meet with our new Chief and ask him questions.  I greatly appreciate Chief Salaman’s willingness to engage with the community.  

Election

This November, Superior voters will be electing a new Mayor and three Trustees.  Mayor Clint Folsom is term-limited and this will be his last year as Mayor.  Trustees Ken Lish, Neal Shah, and Laura Skladzinski were elected in November 2018 and their 4-year terms are set to expire.  

If you are interested in serving as a Trustee or Mayor, you must be a citizen of the United States of America, be eighteen (18) years of age or older on the date of the election, be registered to vote, and have resided within the Town limits of Superior for at least the twelve months immediately prior to the date of the election. To obtain candidate affidavits and petitions, call the Town Clerk at 303-499-3675 extension 112 or email patricial@superiorcolorado.gov. The deadline to make the ballot is in August.

Get Involved & Stay Connected

Serving on our advisory committees is another great way to learn more about our Town while giving back to the community.  If you have questions, or are interested in serving, please contact Mikaela Gregg, Community Events & Volunteer Supervisor at mikaelag@superiorcolorado.gov and she will guide you through the application process.  We currently have the following openings on our advisory committees:

• Cultural Arts and Public Spaces Advisory Committee (CAPS) – 3
• Historical Commission – 1
• Open Space Advisory Committee (OSAC) – 1
• Parks, Recreation, Open Space and Trails Advisory Committee (PROSTAC) – 1
• Planning Commission – 2

If you’d just like to learn more about what is going on in the community, visit the Town’s website for ways to stay connected.  There, you can sign up for text or email notifications.

RMMA CNR Update

The Rocky Mountain Metropolitan Airport Community Noise Roundtable (CNR) was created in late 2020 by an Intergovernmental Agree (IGA) with the Jefferson County BOCC, Boulder County BOCC, City and County of Broomfield, City of Westminster, City of Arvada, Town of Superior, and City of Louisville, to create a Community Noise Roundtable.  Earlier this year, the CNR was expanded to include the City of Lafayette as its eighth official member.

The CNR meets on the 2nd Monday of each month between 9:00am and 11:00am in-person and virtually at RMMA.  According to the IGA (copy attached here: Fully Executed RMMA Noise Roundtable IGA), the purpose of the CNR is to:

1. Identify the dimension of noise issues, discover possible mitigation actions, find opportunities for implementation of mitigation measures, and evaluate the effectiveness of the mitigation measures;
2. Share up-to-date data in order to identify potential voluntary noise reduction opportunities;
3. Identify potential operational changes to the Airport that would require federal approval;
4. Build consensus around recommendations for noise reduction measures, whether voluntary or mandatory (understanding that mandatory measures require FAA approval);
5. Review available data regarding noise reduction measures; and 
6. Review Airport development plans, operational changes and surrounding community development plans for associated noise impacts.

Over the past 16 months since the CNR began meeting, we’ve been busy with a number of different things:

• Met with the FAA to learn about how airplane traffic is handled in the Class D airspace surrounding the airport, the process of reducing noise, commissioning Part 150 Noise Studies, and implementing flight path changes
• Met with flight schools (ATP Flight Schools, McAir Aviation, Rocky Mountain Flight School, and Western Air Flight Academy) to better understand increased traffic and the touch-and-go patterns that are causing noise complaints in Superior and the surrounding area
• Heard presentations from the Airport Director Paul Anslow about the future development plans of the airport, including the airport’s Strategic Business Plan
• Reviewed and considered recommendations made by in the 2019 RMMA Noise Mitigation Study by ABCx2 (consultants hired by Superior and Louisville to propose solutions to noise issues caused by increased traffic at the airport) and heard RMMA’s responses to these recommendations
• Discussed implementation of voluntary VFR arrival and departure routes
• Adopted a work plan  
• Reviewed a video outlining the challenges associated with changing the airspace and addressing noise issues at RMMA

While the RMMA CNR has been busy, one of the challenges that we are facing is that we (1) have a very limited budget ($28,800) and (2) have no staff that is dedicated to assisting the CNR.  With 8 members from the surrounding governments that only meet for 2 hours per month, and no staff or consultants that are able to assist us going forward (we had a facilitation consultant in 2021 but that contract has expired), I’m worried that the CNR will not be able to reach its fullest potential and make a meaningful impact to noise concerns without adequate funding and staff support.  I plan to continue to press the CNR to increase our funding so that we can hire consultants, with the appropriate industry expertise so that we can make a real impact and reduce noise issues for the entire area.  

BCHA/RTD Affordable Housing Project

On May 23, Boulder County Housing Authority (BCHA) withdrew an application to rezone and amend the PD for the Superior Marketplace, which would have allowed for an affordable housing project to be constructed at the RTD Park & Ride site at the Superior Marketplace.  The application was scheduled for a hearing before the Planning Commission on May 24 and a Town Board hearing on June 13.

In withdrawing their application, BCHA acknowledged that the Marshall Fire was a “traumatic and devastating event that affected the community and has strained the Town’s resources…”  BCHA further stated that “we understand that the timing may not be appropriate for this application.”  We anticipate that BCHA will come back to the Planning Commission and Town Board with an affordable housing application sometime in the future.

Affordable housing is an important issue, not just in our community, but along the entire Front Range.  However, our priority is rightly focused on helping our community rebuild from the Marshall Fire and I agree that it would’ve been a mistake for the Town to consider an application that would have affected one of the areas in Town most-affected by the Marshall Fire and would have likely resulted in decreased public comment/participation.  

Sprinkler Opt-Out and Wildland Urban Interface (WUI) Proposal

On May 23, the Town Board passed an Ordinance that modified our Town’s building codes to allow Marshall Fire victims to have the opportunity to opt-out of the existing requirement that all new single-family homes must be built with interior fire-suppression sprinklers.  Sprinklers in all new residential construction have been required since 2012, however, given the massive under-insurance problem many of the Marshall Fire victims are facing, we heard from a significant number of residents who were concerned that if they were required to spend $25,000 to $30,000 (or more) installing sprinklers, such an expense might just preclude them from being able to afford to rebuild their home. Considering that most Superior single-family homes lack interior fire-suppression sprinklers, I joined the majority of the Board in approving this opt-out.  Please note, sprinklers will still be required in all multi-family or other residential construction where buildings with shared walls. While in a perfect world it would be preferable for everyone to have sprinklers, we don’t live in a perfect world and I believe it is critically important for the Board to continue helping residents save money so that they can afford to rebuild. A link to the sprinkler opt-out ordinance is available here.

Also at the May 23 meeting, the Town Board considered a proposal to adopt a Wildland Urban Interface (WUI) Code.  The WUI Codes would have required all new construction — and potentially all existing homes in Superior as well — to meet certain requirements to become more “fire-resilient.”  Some of the proposals included specific building materials to be used as well as a creation of a 5-foot buffer around all buildings. The draft WUI Code is available here.  While I am directionally in-favor of doing what needs to be done to make sure that our community builds back in a fire-resilient manner, I believe the proposed WUI Code left more questions than answers.  I was concerned about the consequences of requiring specific materials in our Code and whether homeowners would be able to obtain those materials given supply-chain constraints.  I was also concerned about the costs associated with these requirements and wanted to hear from the builders who were actually going to be building these homes — as to how much additional cost these requirements would add.  I was also concerned about the added time that complying with a WUI Code would take on the rebuilding process.  I remain open to an amended WUI proposal, once we have more answers to our questions, but am reluctant to impose additional restrictions on our residents that may have unintended consequences.

Let’s Connect

Please follow my Facebook page (https://www.facebook.com/MarkforSuperiorTrustee) and sign up for blog updates from my website: www.marklacis.com.  You can also send me an email at markl@superiorcolorado.gov.