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BOT to implement improved services, charges for residents

Christopher Kelley
Posted 7/20/23

The Nederland Board of Trustees (BOT) met on Tuesday, July 18, 2023, at 7 p.m. to discuss their 18-month Strategic Plan for stabilization and economic sustainability for the Town of Nederland. The

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BOT to implement improved services, charges for residents

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The Nederland Board of Trustees (BOT) met on Tuesday, July 18, 2023, at 7 p.m. to discuss their 18-month Strategic Plan for stabilization and economic sustainability for the Town of Nederland. The plan details six objectives aimed at providing safer streets, housing, better emergency preparedness, and broadband internet, while potentially charging residents for parking and for using EV chargers, maximizing tourism, and implementing “participant fees” at town parks.

On July 11, the Board voted to approve Resolution 2023-31 authorizing a water connection variance and a cistern variance under Nederland Municipal Code (NMC) Section 13-53, at property at 974 North Peak to Peak Highway, where a home is being constructed by Earthbuilt Associates. The closest water main to the property is 500 feet away on Ute Street. The applicant claims it is financially infeasible for them to connect.

In addition to the well and cistern variances already approved, Town staff has recognized that the applicant also requires a sewer variance to build a septic system. The closest sewer main to the property is 960 feet away, located on Indian Peaks Road, connecting to which the applicant also claimed to be financially infeasible. Trustees approved the additional resolution authorizing the sewer variance.

The BOT also approved the release of a request for proposal (RFP) for a consultant to support the Town through the process of updating its Comprehensive Plan. The Department of Local Affairs awarded $100,000 from their Energy/Mineral Impact Assistance Fund Grant to Nederland for the Comprehensive Plan, for which the town is required to supply a match of $100,000 in order to fully fund the update.

Andrew Bliss, Nederland’s Utilities Department Manager, provided his monthly report and answered Trustees’ questions about replacing water meters and out-of-service fire hydrants. Over 100 water meters need to be replaced, with the Utilities Department already halfway done with the task. The department has identified four fire hydrants that need to be replaced or repaired before the end of the year, and are expecting to find more.

Dawn Baumhover, Nederland Community Center (NCC) Manager, addressed the issue of the Center’s stair climber in their Fitness Place. Baumhover is aiming for a $1,500 repair, rather than a minimum $5,000 for replacement. However, the Center would need to employ fundraising, since the NCC does not have the funds in their 2023 budget.

Peter Cacek, Nederland’s Public Engagement Manager, detailed in his report that he has organized a committee to focus on planning Nederland’s upcoming sesquicentennial. Cacek has reached out to the Nederland Community Library, Nederland Parks Department, NCC, Peak to Peak Chamber of Commerce, and local businesses to begin organizing the Town’s 150th birthday next year.

Trustee Nichole Sterling announced that the Town earned $21,000 in interest in their CSAFE account, a massive increase over last year’s $1,500 in accrued interest. Sterling was interested in the possibility of using the interest towards an undetermined future project.

Sterling also provided the board with an update regarding the Housing Needs Assessment, stating that over 250 people have filled out the open survey.

Town Administrator Dr. Miranda Fisher led Trustees in a discussion involving the Town of Nederland’s Strategic Plan for 2023 and 2024. The plan lists six objectives for the BOT and for Town staff to follow for the next 18 months, with each objective to be approached “with a commitment to public engagement and sustainability.”

The six objectives, outlining a focus to “stabilize, plan, and grow revenue,” are a result from joint work sessions between the Town’s department heads and the BOT held on April 15, May 24, and June 23, 2023.

The first objective is to create and foster a work culture where Town staff feels valued. The BOT are prepared to review and approve a 2023 Supplemental Budget which will provide salary increases to bring staff wages up to the minimum standard in Colorado.

The second objective involves protecting the Town’s water rights by evaluating potential alternatives for water storage, pursuing the possibility of constructing upstream storage, and continuing the development of the Nederland Reservoir water rights.

The third objective is to “promote orderly, sustainable, and resilient development in the Town through thoughtful, engaged, and equitable planning processes.” The Strategic Plan indicates that in order to fulfill the third objective, the Comprehensive Plan, Multimodal Transportation Plan, Housing Needs Assessment, Tourism Management and Branding Strategy Project, Big Springs Egress Study, and the Parks, Recreation, Open Space, and Trails Plan must all be completed. This is not expected to occur until December 2024.

The fourth objective is to continue to modernize town infrastructure in order to improve the overall quality of life for residents, which includes updates to the roads and sidewalks, better emergency preparedness, the construction of a $3.5 million second bridge, improved asset management, increased beautification efforts from Parks and Recreation, needed maintenance for Town Hall, and the potential of municipal broadband internet to Nederland.

The fifth objective involves forming more opportunities for revenue generation in order to “support desired levels of services and to ensure upkeep of the town’s infrastructure.” Such opportunities include paid parking, EV charging fees, parks and recreation participant fees, franchise agreements with private utilities for use of Town’s rights-of-way, increased water and wastewater user rates, as well as wastewater plant investment fees, maximizing tourism, and the promotion of special events.

The sixth and final objective is to make changes to Nederland Municipal Code (NMC), based on the results of the Housing Needs Assessment, by December 2023, and to apply for grant funding for affordable and/or alternative housing by June 2024.

Mayor Pro-Tem Tom Mahowald asked about the progress of the Town’s Emergency Operations Plan and about potentially drafting a Rebuild Plan for Nederland. Troy Hendricks, Nederland’s Emergency and Court Administrator, specified that the Emergency Operations Plan should be completed before the end of the year, and Fisher noted that a Rebuild Plan is not scheduled for the immediate future.

Trustee Tania Corvalan raised concerns about certain issues not being addressed in the Strategic Plan, such as planning parking spaces at Fisherman’s Lot and fixing discrepancies and inconsistencies in Nederland Municipal Code. Corvalan expressed worry that such important projects may fall to the wayside over the next 18 months if those projects are not listed in the Strategic Plan.

Mayor Billy Giblin expressed his belief that the secondary bridge project may not be a priority. The project is estimated by engineering consultants JVA to cost $3.5 million, with the Town required to provide a match of $875,000. Fisher reiterated that a commitment is preferred in order to keep promises with constituents.

Sterling noted that capital improvement projects need to be decided on and included in the Strategic Plan as a reminder to the Board that line items for the projects need to be added to the Town’s 2024 Budget so that the funds can be authorized and the projects can be completed in 2025.

Trustee Jesse Seavers specified how he would like to see a repeat of the Board’s goal-planning sessions every year. He also wanted to refine the process from the early discussion stages to approval of the drafted plan. Seavers also expressed a wish to receive periodic updates on the progress of the objectives within the Strategic Plan, to which Sterling noted that monthly Town Staff Reports will include those updates.

Members of Town staff were present for the meeting and expressed appreciation that they were invited to the work sessions to be a part of the discussion. Trustees stated that they were pleased with the outcome of the collaborative effort.

Though Giblin wanted to extend the discussion and postpone a vote on final approval of the Strategic Plan until August 15, the majority of Trustees believed that the changes to the plan could be made in time for a vote during their next meeting on Tuesday, August 1.

Rich Orman, Co-Chair for the Sustainability Advisory Board (SAB), and Board Member Alan Apt led the BOT in a discussion concerning Resolution 2023-04, which allows the SAB to appoint “environmental guardians.” Such guardians speak for the Rights of Nature at local government meetings and hearings involving the town’s surrounding ecosystem, as well as maintaining contact with entities, like the state of Colorado and Boulder County, who have jurisdiction over matters concerning the ecosystem.

The Rights of Nature resolution, which the town of Nederland adopted on July 6, 2021, gives “fundamental and inalienable rights” to its 448-square mile watershed, and was instituted as a measure of protection for the town’s ecosystem.

As for the proposal of appointing environmental guardians, Nederland would be the first municipality in Colorado to do so. Apt and Orman both expressed interest in acting as guardians, stating that they would attend the necessary meetings and provide written reports to the Town Administrator.

Giblin and Sterling wanted more language in Resolution 2023-04 regarding providing guidelines and standards for the environmental guardians as to how they represent the Town of Nederland. Giblin also expressed that guardians should have to go through a proper vetting process and wanted assurance that guardians would exist in an advisory capacity only, with no power to override or bypass the BOT in making decisions.

Community Planner Britt DeMinck presented Ordinance 847, amending Chapter 16 of NMC to specify fence height limits and how to accurately measure a fence, as well as indicating appropriate scenarios for when homeowners can request a variance to build a fence higher than the established limit. The language of NMC 16-89 has been changed to specify a seven-foot maximum allowable fence height, and language was added to allow for properties adjacent to major highways or to junkyards to choose to construct an eight foot fence.

Fence height is specified within the code language to be measured from the owner’s side of the fence except in the case of a joint fence where there is a difference in the ground level of less than two feet. In that case, the height of the fence should be measured from the finished grade at the base of the fence on the property with the highest ground level.

Seavers wanted to see language pertaining to standards based on possible situations involving retaining walls. Seavers stated that retaining walls are permitted to be constructed up to four feet, but Ordinance 847 does not provide language regarding how tall a fence can be built on top of a retaining wall.

Fisher noted that property owners can apply for a variance and take specific matters involving retaining walls before the Board of Zoning Adjustment, stating that it is difficult to account for every scenario when writing code.

A motion was made to approve Ordinance 847, amending Chapter 16 of NMC, which was passed unanimously.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, August 1, 2023, at 7 p.m. and can now be attended either online or in person at the Nederland Community Center. For more information: https:// townofnederland.colorado.gov/board-of-trustees.