The Nederland Board of Trustees (BOT) met on Tuesday, December 20, 2022, to take action on whether or not to adopt Nederland’s own Annexation Ordinance or to renew and continue the intergovernmental agreement (IGA) between the Town and Boulder County.

The BOT approved within their Consent Agenda the Town Marshal Employment Agreement between the Town of Nederland and newly hired Town Marshal Dan Gledhill. Gledhill’s first day as Nederland’s Marshal will be on January 17, 2023.

Town Administrator Miranda Fisher presented to the BOT the matter of a Revocable Encroachment Agreement for 72 Barker Road. The agreement allows the continued use of a private driveway that encroaches on Town property.

On September 20, 2022 Trustees approved a motion to refer the Revocable Encroachment Agreement to the Planning Commission to review during their October 26 meeting and return to the BOT with feedback and guidance. The Planning Commission voted unanimously to recommend approval of the agreement. Trustees voted unanimously to approve this agreement for 72 Barker Road.

The BOT were tasked with making a final decision on Ordinance 834, which repeals and replaces Chapter 15 of Nederland municipal code on annexations, allowing Nederland to handle matters of annexation on its own. Matters of annexation are currently dictated by the IGA between the town of Nederland and Boulder County which expires on December 31, 2022.

In addition to voting on the approval of Ordinance 834, the BOT also had to vote on whether or not they wanted to provide an automatic referral to voters or provide a “notice of referendum.”

Town Attorney Jennifer Madsen described the three different versions of the annexation ordinance from which to choose and approve. Trustees had to choose which additional actions should be taken concerning the process of annexation: whether an annexation election should require an automatic referral to Nederland’s registered voters, a special petition election, or a notice of the referendum process. A referendum petition could be filed with the Town Clerk within thirty days of public notice of the annexation petition, and would require signatures from at least five percent of the town’s registered electors.

The BOT heard public comment on the issue, with many voices weighing towards keeping the intergovernmental agreement (IGA) with Boulder County rather than the Town seemingly rushing an annexation ordinance. Trustee Eric Coombs-Esmail explained how Ordinance 834 would provide Nederland with a foundation to expand on with future amendments, as opposed to allowing the power over Nederland’s own development to remain in Boulder County’s hands.

Trustees ultimately agreed that an annexation ordinance with the provision of a “special process for signed petition referring annexation ordinance to an election” was the best compromise. A special petition would have to be signed by at least 30 registered electors and filed with the Town Clerk within thirty days of this vote.

The BOT voted 5 - 1 to approve Ordinance 834 repealing and replacing Chapter 15 of Nederland municipal code on annexations and providing for a special process for signed petition referring annexation to an election.

Sustainability Coordinator Eryka Thorley presented a discussion item concerning the proposal of the town of Nederland developing its own solar ordinance. A Solar Subcommittee formed of members of the Planning Commission, the Sustainability Advisory Board (SAB), Town staff, and local solar experts developed several recommendations for removing barriers in Nederland’s zoning code that hinders solar development.

The Solar Subcommittee’s recommendations include requiring a Special Review Use (SRU) approval process for medium to large solar ground mount systems, as well as a building height limitation of five feet above a 35-foot building for rooftop solar systems before the need to apply for a special variance.

The BOT had few objections to the language in the proposed solar ordinance, though they did discuss the issue of maximum building height. Ultimately, Trustees directed Town staff to draft an official solar ordinance to bring back for review and discussion, with more specific language pertaining to maximum solar panel building height in relation to the type and pitch of rooftops.

Brent Tregaskis, Hunter Wright, and Steve Rowntree of Eldora Mountain Resort presented information concerning Eldora’s Community Partnerships and Transportation Initiatives.

The presentation pointed to Eldora’s efforts in providing localized aid in the form of donations to the Boulder Community Foundation wildfire fund and to the Nederland Food Pantry. Currently, $5 from every ticket sold on “Play Forever Wednesdays” is donated to Eldora’s partners in protecting the environment, which includes such organizations as the Indian Peaks Wilderness Alliance, Wild Bear Nature Center, and the Boulder Watershed Alliance.

Eldora’s participation in local events, such as the Farmer’s Market, Ned*Ned, and Ned Gravel Race, and Eldora’s contributions to initiatives for Nederland youth was also noted in the presentation to the BOT. The presentation also detailed Eldora’s parking lot expansion project, touting an additional 750 parking spaces, including 30 charging ports for electric vehicles.

The presentation noted Eldora’s current contributions to Nederland, including being the area’s “largest employer” which “drives the local economy” and encourages their employees and guests to patronize local businesses. As for what Eldora hopes to accomplish with Nederland moving forward, the presentation mentioned providing parking lots or locations for a localized carpooling initiative, advocating for CDOT to construct additional turning lanes and/ or roundabouts in town for better traffic flow, and finding a permanent solution to the affordable workforce housing shortage.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, January 3, 2023, at 7 p.m. and can now be attended either online or in person at the Nederland Community Center. For more information go to: https://townofnederland.colorado.gov/ board-of-trustees