The Nederland Board of Trustees (BOT) met on Tuesday, February 16, 2024, at 7 p.m. to vote on extending the temporary moratorium on Short-Term Rental (STR) license applications. Trustees also discussed the 15 logo redesigns presented by Godot Communications Inc. for the Town’s brand identity project.

After holding an Executive Session from 6 to 7 p.m. in which the BOT received “legal advice concerning a water court diligence application related to the Town’s conditional water rights and the Town’s diligence activities related to developing the Town’s water rights,” the Board approved Resolution 2024-12, authorizing Nederland’s water counsel to file an Application for Finding of Reasonable Diligence. The Town is required by Colorado law to file the application every six years for its 100 acre-foot conditional water right for Nederland Reservoir.

The Board also approved an agreement that the owner of 196 West 1st Street be allowed to construct three temporary structures to be connected to the current single-family sewer and water tap in exchange for paying the Tap and Plant Investment Fees (PIF) up front for the long-term plan for a multi-use building to be constructed on the property in three years.

The BOT approved an intergovernmental agreement with Boulder County for the use of the mail ballot box located within the Nederland Community Center from March 11 to April 4, 2024, for the upcoming municipal election.

Trustee Luke Miller, who was appointed to the vacant seat on the Board on January 16, recited his Oath of Office and was officially sworn in. Miller’s term will end in April of this year. Miller is running as a candidate for Trustee in the upcoming April election.

Trustees received an update from Town Clerk Macy Caligaris concerning the April 2 election, and were tasked with determining the order in which candidates’ names will be listed on the official ballot. Caligaris utilized the “Wheel of Names” online application to ensure random impartiality when selecting the names.

The official ballot will list Billy Giblin first, then Tom Mahowald as the candidates for Mayor. The candidates for Trustees will be listed on the ballot in the following order: Kristopher Larsen, Nichole Sterling, Jesse Seavers, Riley McCallister, Luke Miller, Aaron Tye, and John Stevens.

The Nederland Planning Commission developed a subcommittee in August, 2023, to focus on amending Nederland Municipal Code (NMC) regarding Short-Term Rentals (STRs). The subcommittee recommended a temporary six-month moratorium on all new STR license applications, which the Board approved on October 3 by adopting Ordinance 849.

Because the subcommittee has yet to begin drafting the NMC amendments, they are now recommending that the BOT approve Ordinance 857, adding a 90-day extension to the moratorium on STR licenses.

To the question of what work is still being done on the STR Ordinance, Town Administrator Miranda Fisher noted that the subcommittee is looking into the legal complexities of some of the suggestions brought up by the Planning Commission, including the prospect of banning fire pits.

Fisher specified that, though there was a rush of applicants for STR licenses when the moratorium was first introduced, since the moratorium has been in action it has not detrimentally affected any particular applicants.

There was a brief discussion concerning a nuanced situation that was brought up in a letter to the Board from a member of the public. The matter involved a commercial STR license, which prompted Trustee Seavers to ask whether the moratorium could be extended specifically for residential STRs only.

Fisher reiterated that the situation noted in the letter was an example of the various complexities that arise when working within the current STR regulations. Those various situations, Fisher stated, were exactly why these amendments to NMC were being drafted.

When asked about the timeline for a draft ordinance, Fisher stated that if the moratorium was not extended, the subcommittee would have six more weeks to finish the draft and get it passed. She also warned that April is an election month, during which not much gets finalized as the new Mayor and Board get sworn in.

The BOT approved Ordinance 857, “imposing a 90-day extension to the temporary moratorium on the submission, acceptance, processing and approval of any license application for all STRs until June 4, 2024 and declaring an emergency with an immediate effective date of February 6, 2024.”

The Board then voted on whether to partner with Gilpin County in submitting a Local Planning Capacity Grant application. The grant, offered by the Department of Local Affairs, would require a $10,000 match from both Nederland and Gilpin County, and is for $150,000 to pay for a feasibility study concerning the development of a Peak to Peak Regional Housing Authority (P2PHA).

In addition to the Town of Nederland, Central City and Lyons have also been considered for part of the study. The Boulder County Housing Authority has expressed their support for the study, and hopes to have a collaborative partnership if, or when, the P2PHA is established.

According to the Agenda Information Memorandum (AIM) prepared by Fisher, regional housing authorities have the power to deem housing conditions to be unsafe or unsanitary, and to recommend plans to address “the clearing, replanning, or reconstruction where unsafe, unsanitary, or substandard conditions exist.”

Housing authorities can also “provide housing accommodations for low-income persons in cooperation with the local jurisdiction” and “assume by purchase, lease, or other means any project undertaken by any government or by the city or county.”

The P2PHA, if established, would have the ability to apply for loans and grants, acquire property, and borrow money. Being a “multi jurisdictional” housing authority would give the P2PHA the power to plan, finance, and operate housing projects “pursuant to a multi jurisdictional agreement,” as well as housing projects “for employees of employers located within the jurisdiction of the authority.”

Per Statute 29-1-204.5(7.5), “A multi jurisdictional housing authority may levy, in all of the area within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, consistent with sales or use tax levied by the state. The tax imposed is in addition to any other sales or use tax imposed pursuant to law and exempt from the limitation imposed by section 29-2-108. The sales tax will be collected by the Department of Revenue, and must be approved by the eligible voters.”

Town staff is recommending that the $10,000 match required from Nederland be taken from the Town’s $124,342 in American Rescue Plan Act funds, originally earmarked for housing initiatives.

Fisher noted that, though collaboration with the County is extremely desirable, Gilpin County is prepared to move forward with or without the Town of Nederland.

Trustee Eric Coombs-Esmail, in stating his support of establishing a P2PHA, felt that there was a fundamental political divide between Boulder County and the needs of mountain residents, and that a Peak to Peak perspective and voice in housing matters was essential.

The Board approved the Town of Nederland partnering with Gilpin County in applying for a $150,000 Local Planning Capacity Grant for a study on the feasibility of developing a P2PHA. The Town of Nederland should be notified by April if it will be awarded the funds.

After receiving over 650 negative comments on their initial brand design for the Town of Nederland, Godot Communications Inc. revisited their design process and returned to the community with 15 different logo designs and 19 taglines for residents to vote on. A Community Design Session was held at the Nederland Community Center on Tuesday, January 30, during which nearly 20 residents were able to view, discuss, and vote on each design; an online component was included, which saw over 100 submissions.

Of the 15 designs, the community was most in favor of an AI-generated logo of a hula-hooping moose standing in front of a body of water with flatiron mountains in the background. The design gained more than 60 individual votes.

The particular design was initially proposed by a Nederland resident, who used prompts in an AI program to generate the image; representatives for Godot included the logo in their design session due to the immense popularity the image had garnered online.

Godot reiterated at that design session that that particular logo is not patentable, as the image of a hula-hooping moose is already owned, and that the entire logo, if chosen by the BOT, would have to be recreated by Godot’s design team, with enough artistic distinctions made so that it is legally viable for use.

Trustees discussed how exactly they wanted to move forward, coming to the conclusion that they should either take action on what has been presented, or to take three or four of the most popular designs from Godot and recirculate them in another community survey. That survey would include the Town’s current logo as an option, as well as an option for there to be no tagline.

There was a question as to how much of Godot’s work on the overall brand identity campaign needs to be adopted in order to satisfy the Colorado Tourism Office (CTO) grant, which needs to be fulfilled by April. Fisher offered that the CTO requires a “full campaign” to be adopted. However, there was no definition given for that term.

The Board ultimately decided to open another public survey with the most popular designs from the 15 Godot offered, and also suggested that members of the public enter their own designs to be considered. Trustees also suggested that elements from Godot’s original brand identity design, mainly the additional elements called “boops,” should be kept, though it was suggested that the colors be made lighter.

Trustees are expected to make a final decision during their next meeting, scheduled for Tuesday, February 20.

Trustee Jesse Seavers and Mayor Pro Tem Tom Mahowald presented Resolution 2024-13 which, if approved, would add a specific question to the April 2 election ballot. The question would be whether the individual voter supports an asphalt pump track to be developed in Chipeta Park between the basketball court and parking lot.

According to the official AIM, the pump track project has generated support from Nederland’s advisory boards and commissions; however, the location of the project has prompted opposition from the community. The inclusion of the question on the ballot is to assure that Nederland’s electorate can “directly influence the development and use of communal spaces.”

Seavers detailed how the ballot question is meant as a way to gauge community support for the Chipeta Park pump track project proposal. He noted that there is no legislation or ordinance to be voted on, and that the BOT would not be bound by the results of the vote either way.

There was a discussion with Attorney Keith Martin about the legality of Trustee Seavers, other members of the Board, and Town Staff campaigning or advocating for the Pump Track project once it is a featured question on the ballot.

Martin assured the BOT that, though they cannot directly advocate, neutral information concerning the project can be posted through the Town’s platforms, such as Engage Nederland, if said information were to be presented by one of Nederland’s advisory boards. Martin also advised to keep the language in the ballot question as simple as possible.

Members of the public stated their belief that it was irresponsible of the Board to put forth the question without detailing on the ballot how much the project would potentially cost, where the funds are coming from, and the other locations considered for the project.

Trustees clarified that the proposed pump track project has been specifically proposed for the location of Chipeta Park, with studies having been funded and completed.

Resolution 2024-13 was approved by the BOT; the question regarding the Chipeta Park pump track will be on the ballot for the April 2 election.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, February 20, 2024, at 7 p.m. and can be attended either online or in person at the Nederland Community Center.

For more information go to: https:// townofnederland.colorado.gov/board-oftrustees.

**Editor’s NOTE: John Stevens did not respond to questions sent by The Mountain-Ear. He is not included in the candidate profiles in this edition.