Jennifer Livingston, Nederland. The Nederland Board of Trustees (BOT) meeting began at 7 p.m. on Tuesday September 17, 2019, with a packed house and adjourned much later, around 11 p.m.  

The BOT was unable to pass draft Ordinance 798 regulating short term rentals (STRs) and it will be reconsidered at the next meeting on October 1, 2019. The challenge surrounds Class B licensing for non- owner -occupied single family homes, which the draft limited to 45 nights a year for STR use.

Testimony ranged from residents who would prefer no Class B STRs at all, to those who would prefer no limits. Testimony was heard from local residents who prefer to have long term renters or owner-occupants as neighbors, who describe the nuisances STRs have created, and believe that year round residents are important contributors to Nederland’s economy.  

Several citizens expressed frustration at the many meetings and long two years it has taken to address the issue, feeling that despite their testimony their voices against the ordinance have not been heard. Others disagreed with the draft statements that STRs create “adverse impacts to the health, safety, and welfare of communities, including but not limited to, increase in housing costs and depletion of residential housing opportunities,” questioning the data or studies the BOT used to make such conclusions. 

Testifiers also questioned the ability of the town to enforce the 45 night limit, and explained that the limit would essentially put them out of business, suggesting 120 to 180 nights as viable. People also opposed the ordinance’s ability to revoke licenses due to nuisance complaints as revocation would require them to cancel reservations and adversely impact their ability to utilize popular STR web sites. 

The role of tourism as it pertains to STR’s, town identity, and economy were also discussed from the perspective of those whose livelihood depends on STRs, folks like Trustee Jonanthan Baumhover who rely on STRs during family reunions, and those who would prefer their neighborhoods to be occupied by long term local residents.   

Trustee Kristin Conrad also expressed a weariness of the challenge and explained that the BOT is grappling with the issue, like many governmental bodies and communities around the country, because there is a need for balance.   Mayor Kristopher Larson pointed out that “there are commercial businesses being run in residential zones” and that the 45 night limit was a compromise. Trustee Julie Gustafson saw the ordinance as a product of many meetings, listening to testimony, and BOT votes. 

After testimony and discussion Larson and Gustafson voted in favor of the ordinance, Trustee Baumhover, Trustee Alan Apt and Trustee Conrad were against, neither Trustee Dallas Masters or Trustee James Rawsthorne were in attendance. Baumhover believed there had been progress on the issue, acknowledged that there are valid arguments for and against the Class B licensing as drafted and questioned the approach the BOT has taken, suggesting it may be better to cap the number of Class B licensces issued as opposed to limiting nights. The conversation will continue at the next BOT meeting.

With leadership from Nederland Parks, Recreation and  Open Space Advisory Board (PROSAB) the BOT was able to move forward in partnership with Wild Bear Nature Center (Wild Bear) to jointly apply for a $350,000 Great Outdoors Colorado (GOCO) grant. This is a competitive grant for which cities, towns and counties are eligible to apply, and partnership with successful nonprofit organizations such as Wild Bear creates stronger applications and shows the connection and trust between Nederland and Wild Bear. 

After a summer of solid public outreach including walk-abouts of Guercio Ffield, a mini-survey, a Mountain Ear editorial, social media outreach and meetings with Nederland Downtown Development Authority, Sustainability Advisory Board, the BOT, as well as representatives from Frozen Dead Guy Days and NedFest, PROSAB will use $200,000 of the grant to begin phased completion of the 2013 Nederland Master Plan. 

Phase one will include improvements that have been thoroughly vetted by the community, do not preclude future plans, and are deemed attainable by the volunteer group that is PROSAB. Improvements include re-vegetation of Guercio Field and the events area with trees along the wastewater treatment plant, accessible trails with interpretive and educational signage, as well as benches and picnic tables. Phases two and three will be determined in the future through the 2013 Master Plan and on-going outreach. 

Wild Bear will use the remaining $150,000 of the grant to continue their ongoing success in creating a public access gateway park on their five acres at Mud Lake, connected by trail to town and to the reservoir. Wild Bear’s pPhase one will include a natural play area for children and their adults to connect to nature as well as restrooms, an interpretive trail and an outdoor classroom open to use by Nederland Elementary School and community groups. The partnership will require Wild Bear’s agreement with the town to allow public access for 15-20 years and will require town staff assistance with grant reporting. 

Testimony was overwhelmingly supportive of the partnership and the current PROSAB, especially with regards to community vetting and outreach for the phased approach. There was concern with irrigation of Guercio Field limiting the activities required of festivals and PROSAB remains committed to working with all stakeholders to enact viable solutions. 

Two new members were appointed to town boards. Reid Barcus was appointed to the Sustainability Advisory Board and Marcelo L. Mainzer was appointed to PROSAB. Marcelo wants to serve the “wellbeing” of Nederland and Barcus is interested in exploring and improving the towns energy independence.

The next meeting of the Nederland Board of Trustees is October 1, 2019. 

(Originally published in the September 26, 2019, print edition of The Mountain-Ear.)