Jennifer Livingston, Nederland. The Nederland Board of Trustees (BOT) meeting began on November 19, 2019 at 7 p.m. at the Nederland Community Center, and concluded at 11 p.m. The meeting began with all members of the BOT and Dawn Baumhover adamantly thanked all of the volunteers who helped make the 9Health Fair and Community Thanksgiving Dinner a success. Trustee Gustafson also complimented volunteers and the efforts of Erin O’Brien’s Keep Magnolia Clean to make it truly a zero-waste event.

Next, Mayor Kristopher Larson recognized his responsibility as mayor, per the BOT Rules of procedure to facilitate BOT meetings in such a way as to ensure that, “individuals observe proper decorum and avoid the use of abusive or profane language.” Public testimony over recent months has decried a lack of decorum, abusive and slanderous language and disrespect, consistently expressed during some testimony during BOT meetings. For some, the intimidating and derisive language has caused an atmosphere of ugliness that may regrettably dissuade public and democratic participation, renting delicate social fabric.

Thankfully, first amendment rights protect free speech. However, Nederland has rules for behavior and participation. Mayor Larson apologized for the difficulty he’s been having maintaining those rules. He encouraged people to be, “hard on issues, not on other people,” and to, “disagree in a respectful way.” He also requested the public, “refrain from outbursts and give testimony in ways such that others do not feel threatened to come or scared to testify.” 

He asserted that he would remove folks who were unable to do so. Mayor Larson proceeded to conduct the meeting with more rigorous attention to decorum and did need to threaten one woman with removal. 

Ron Mitchell, who now owns multiple properties between E. First Street, north to Highway 119, and east to Snyder Street, testified before the BOT regarding his Special Review Use Application. His aim is to install 131 paid parking spots on his property in downtown Nederland, by code he is only required to maintain 74 spaces. He was assisted by a representative of IPS Group, the business that would be installing, maintaining and enforcing his metered parking. 

In short, the private company called IPS Group, would be contracted by Mitchell to install multiple kiosks and meters in downtown Nederland. A “parking ambassador” would be equipped with a handheld device allowing them to enforce the two-hour paid parking. Tickets would be customized to inform folks where to send their fines. Nederland Police Department would not be policing Mitchell’s paid parking, it would be a hired contractor. 

If tickets were not paid and violations continued, a “barnacle” would be applied to the windshield. The “barnacle” device makes it impossible to see through the windshield in order to drive, is GPS enabled, and makes a “terrible screeching sound” when driven off the lot. People in violation of Mitchell’s lots could also be towed but this was less desirable as Mitchell has to pay the towing fee and is not guaranteed reimbursement. He has not yet determined the details related to fines, or at what point vehicles are subjected to the “barnacle” etc. He did not believe violations would be too much of an issue in general. 

Mitchell said he wants to install paid parking due to difficulty paying taxes on his many properties. Regardless of this financial hardship, he also stated he was able to make another acquisition in the area. In addition to helping him pay his financial obligations, Mitchell believes the two-hour paid parking will help increase sales for business by increasing parking “turn over.” Business patrons would be able to validate their parking and Mitchell is committed to working with business on those details. Local employees, and others, would have to park elsewhere, freeing spots for active patrons, and increasing sales.   

The crux of the issue before the BOT was not private property rights, or even Mitchell’s enforcement plans, but whether or not paid parking is an appropriate and allowable use under Central Business District (CBD) zoning, which does not specifically call out paid parking as a use, but allows, “outdoor sales, eating and drinking, or other outdoor commercial activities or establishments,” which Mitchell, and his lawyer, believe includes metered parking.

The Planning Department recommended Mitchell seek a Special Use Determination, an entirely different process, which would allow the Planning Department to determine if paid parking is germane to CBD Zoning. However, Mitchell chose to move forward with his Special Review Use Application requiring the BOT to approve or deny his plan without the definitive determination.

Trustee Dallas Masters believed the intent of the CBD zoning is to encourage retail and business, “things that generates revenue for the town.” He stated, “My concern with [paid] parking is that it’s not really what CBD zoning is for.” He asked if Mitchell really wanted downtown Nederland to “be a parking lot” and questioned the need for 131 paid spots. Trustee Masters encouraged Mitchell to work on the 74 spaces he is required to maintain per code and look toward development clearly intended by CBD zoning for revenue. Trustee Masters and Trustee Julie Gustafson would have seen the application denied in favor of a Special Use Determination by the Planning Department, the rest of the BOT chose to move forward with Mitchell’s application. 

Trustee Kristin Conrad and Mayor Larson were concerned about “unintended consequences,” such as parking being pushed into residential areas, which is already an issue. It was mentioned that Nederland hasn’t had a parking study since 2009. Mitchell stated, “There is no way to predict what this will do, but we have to work together on a parking plan.” An idea was to issue neighborhood parking permits, which would require the Nederland Police Department to enforce. 

Public testimony included businesses in support of his plan, seeing it as a way to encourage sales, and other businesses concerned that it will push parking into other business areas, unfairly impacting those sales. In addition to nonresidential parking, neighbors are concerned about impacts like increased traffic. Ultimately, it was decided to allow Michell and his lawyer to continue to work with the Planning Department to resolve mapping and other issues, and to revisit at the BOT meeting on January 21, 2020. 

At the beginning of October, the BOT passed Ordinance 798 to regulate short term rentals (STRs), the ordinance goes into effect March 16, 2020, allowing the BOT time to work with staff on how to identify, monitor and respond to nuisances caused by STR activity. 

Town staff have been working toward a partnership with a third party called Host Compliance, which works with many municipalities and counties in Colorado. While town staff would like to keep as much work as possible in house, they explain that they will need the assistance of such a third party to identify and monitor STR via booking websites to ensure compliance with licensure and nightly rental limits set by the ordinance. Additionally, the company can provide a 24-hour hotline for neighbors to use for STR related concerns. Host Compliance would compile the data on rental use while town staff will own review and enforcement.

Initially town staff recommended a licensing application fee of $500 and in response to public testimony, the BOT requested staff to compare the licensing fees of other municipalities. The BOT has now moved forward with an application fee of $150 and an annual renewal of $75. 

Trustee Masters did a quick calculation and concluded, based on the information available to him, that the cost of the Host Compliance contract, and the time required by town staff to implement the ordinance, would be covered by the revised $150 application and $75 renewal fees should the 74 STR units identified by Host Compliance seek licensure. Testifiers were concerned that the BOT may move to spend funds on Host Compliance without knowing how many STRs would actually apply for licensure. Alternatives for monitoring STR bookings and limit compliance were not discussed in testimony. 

Testimony also raised concerns regarding fairness in the enforcement of nuisance violations that, as the ordinance is written, could have the effect of terminating the ability of a STR owner to operate. Testimony frequently compares the repercussions of nuisance STRs with unregulated long-term rentals. Additionally, while it may be digressive since the ordinance has passed, testimony appeals to the BOT for a financial impact study regarding the positive economic benefit STRs can bring, especially to a tourist economy. 

Testimony also pointed out that given the economic hardship Nederland is experiencing, it’s noteworthy that the BOT agenda packet included data from a study in San Diego estimating an annual $14,127 per STR in “additional spending” beyond the rental itself. There are studies showing very little impact to housing prices and rents while others show increases greater than 10%. Nederland, like towns all across the nation, is struggling to balance the needs of neighborhoods with the needs of the local economy. As the town works to compile a STR database, monitoring and enforcement system, it will also have the opportunity to better understand the economic impacts of STRs and respond appropriately. 

Chris Pelletier, Public Works manager, presented the BOT with a plan to replace about 500 feet of sidewalks per year with concrete. The effort to install a more permeable surface has resulted in safety concerns for people using assistive devices such as canes and wheelchairs. Public Works will continue to prioritize steeper areas, more prone to erosion. 

In response to Trustee Conrad’s inquiry about progress on a bus shelter at Big Springs and 119, Pellietier shared that he’s working with a local man, Scott Franklin, who wants to donate a new solar powered bus shelter. He believes the foundation for the structure may be ready this year. 

The Nederland Downtown Development Authority (DDA) is seeking new members as they work toward creating a thriving and vibrant business district including public art and beautification in addition to practicalities such as streets. The DDA is open to business owners or lessees within the DDA district. 

Planned Investment Fees (PIF) will go up as the BOT and Public Works try to ensure enough money to pay for the water and sewer infrastructure and maintenance required by the town now, and into the future. Nederland has an old rate study from 2014 that recommended much higher rates, a suggestion that was not acted upon. Pellitier continued to suggest the BOT ensure the fiscal health of water and sewer through increasing PIF rates. Public Works has presented the BOT with numerous comparisons of how other municipalities price water and sewer fees. Per Pelletier, “The point is they are counting their users.” Currently, Nederland has flat rates only which may disproportionately affect smaller homes who must pay the same amount as much larger homes and businesses. 

Additionally, Nederland will combine $20,000 in unspent funds with another $23,037.50 in the 2020 budget for matching funds to apply for an $86,075 grant from the Department of Local Affairs to update the Master Infrastructure Plan and a much needed rate study, which will help inform Public Works and the BOT as they set water and sewer rates.

The BOT recognized Marshal Larry Johns for his over 17 years of dedicated services along with Dawn Baumhover for her 11 years of employment with the Town. The BOT also expressed their support and appreciation for the hundreds of volunteers who made the Nederland Thanksgiving Dinner as well as the 9Health Fair in partnership with local Health and Human Services such a success this past weekend. 

Caroline Bennett was appointed to the PROSAB board. Per her application, she has experience in assisting NGOs and communities with communications and believes she may be able to have a positive impact on PROSAB related issues and communications going forward. 

Karen Gerrity, town administrator, met with United States Forest Service and Boulder County Transportation to find solutions for overcrowding at the RTD Park n Ride in Nederland due to parking from the Eldora shuttle. A recommendation was made to reach out to Nederland Jr./Sr. High School, as that lot could be utilized when school is not in session.

(Originally published in the November 28, 2019, print edition of The Mountain-Ear.)