The Nederland Board of Trustees (BOT) met on Tuesday, August 15, 2023, at 7 p.m. to vote on the Town’s Strategic Plan for 2023 - 2024 and to discuss the potential of instituting amendments to better regulate Short Term Rental license holders.

The BOT approved Resolution 2023-24, contracting with the Town’s engineering firm JVA to analyze any and all possible routes for an emergency egress road out of Big Springs. JVA has consulted Town on this project since 2016 and its recommendations on an optimal egress route will bring the project closer to the construction phase.

Trustees were tasked with voting on Resolution 2023-39, which authorizes a variance for a well, individual sewage disposal system, and a cistern in place of a fire hydrant at a property in development at 24333 Peak-to-Peak Highway.

The applicant is claiming that it would be financially infeasible for them to cover the cost of connecting to the closest water main, which is 1,500 feet from the property, and to the closest sewer main, which is also 1,500 feet away.

A motion was made to approve Resolution 2023-39, which was seconded and passed by unanimous vote.

The next item on the BOT agenda concerned voting on the Town of Nederland’s Strategic Plan for 2023 - 2024, which is a goal-oriented document that, across six objectives, details 26 pending projects and a total of four “studies” and seven “plans,” many of which need to be completed in order for pending projects to be authorized.

Trustee Nichole Sterling explained that after the Strategic Plan has been circulated to all of Nederland’s boards and committees, feedback from those groups, from the public, and from the BOT over the past few weeks has resulted in a few changes to the draft.

The proposed edits to the plan include better defining the timeline for these goals by stating December 2024 as the finish line rather than 18 months. A new paragraph was added to specify that the Strategic Plan will be reviewed every year and be an evolving document that is handed to the next BOT, and that the plan will be guided by the Town’s current planning documents.

Objective #3, which is to “promote orderly, sustainable, and resilient development in the Town through thoughtful, engaged, and equitable planning processes,” had language added to specify that the Comprehensive Plan update will include a focus on a Central Business District sub-area plan.

Language was also changed to better define the purpose of Objective #4, stating it to be to “maintain and modernize the Town’s infrastructure to reduce public safety and health risks and improve the quality of life.”

Also under Objective #4, the project of constructing a signalized crosswalk at East 1st Street and Highway 119 was added, as well as changing the deadline for the completion of an emergency preparedness plan from April 2024 to February 2024.

Objective #5, which reads: “augment and leverage the Town’s financial resources to support desired levels of services and to ensure upkeep of the Town’s infrastructure,” had language added to include “economic growth” as part of the goal.

Objective #6, which reads “listen to the voices of our workers and residents and implement changes to the Nederland Municipal Code from the results of the Housing Needs Assessment” had language to include “property owners” as another voice to be heard.

The BOT first discussed the proposal to prioritize Objective #4 (maintaining and modernizing Town infrastructure) above Objective #1 (valuing Town staff), which had been suggested by members of the public in letters sent to Trustees.

Mayor Pro Tem Tom Mahowald suggested prioritizing infrastructure updates over Town staff on the Strategic Plan. Mayor Billy Giblin stated his belief that the way Town staff is treated is important to how things like those listed under Objective #4 are accomplished. Town Administrator Dr. Miranda Fisher expressed the importance of the message sent to Town staff by keeping the goal of valuing them as top priority.

Ultimately the BOT decided not to change the listing of priorities in the Strategic Plan.

During discussion on whether the prospect of hiring a full-time Sustainability Coordinator should be included in the document, Trustees Tania Corvalan and Jesse Seavers raised concerns that such issues require additional discussion and that the document was too binding and restrictive.

Seavers specified that listing priorities that the Town can accomplish by December 2024 would possibly take focus away from other projects that are in their planning stages, mainly the Chipeta Park Pump Track proposal. Seavers also claimed that the Strategic Plan limits the Board’s ability to be immediately responsive.

After a lengthy discussion the BOT decided not to include under Objective #4 either vague language pertaining to the Parks Department remaining open to the prospect of developing new recreational opportunities, or specific language intentionally naming the Pump Track as a Parks Department priority, and instead left the section of Objective #4 pertaining to the Parks Department as written.

Trustees reviewed each edit made to the draft document and gave unanimous final approval to the Strategic Plan for 2023 - 2024.

The BOT discussed the prospect of instituting new regulations within amendments to the Town’s Short Term Rentals (STR) code. Such potential regulations include a requirement for the STR to be the primary residence of the license holder, requiring STR license holders to provide their guests with fire pit operation and safety information, implementing a cap on the total amount of active STR licenses allowed per person, requiring the home to be owned for a determined amount of years before being allowed to apply for an STR license, establishing a fee for late license renewals, and requiring the STR license holder’s emergency contact to be a local resident.

Before continuing with discussion Mayor Giblin required each Trustee to state whether they own an STR and whether they believe they have a conflict of interest. Some Trustees owned long-term rentals, owned STRs in another country, or previously owned an STR, but only Trustee Seavers owns an STR in the area. Seavers stated his belief that he does not have a conflict of interest.

Town Clerk Macy Caligaris provided Trustees with research on STRs in neighboring communities, including Crested Butte, Telluride, and Colorado Springs, and how they are specifically regulated.

With a population of 900, Crested Butte has 685 STRs, adding up to a municipal budget of $150,000, which includes the cost of software, staffing, mailings, and legal fees, staffing one STR officer and one supervisor. Crested Butte fines $200 for failing to post the required documentation, and $1,000 for leasing an STR without a license.

Nederland has 720 total housing units with 8% of its current housing stock being rented as STRs. The Town charges fees for violations of the current regulations, with the first violations resulting in a $150 fine, the second a $750 fine, and the third violation resulting in the revocation of their license for one full year and a $500 fine.

Caligaris noted that Nederland could possibly establish a hard cap on STRs. The agenda information memorandum listed the Town of Minturn as having one of the lowest caps for STRs, set at 10% of their residential units.

Trustees were generally in favor of all suggested regulations. Corvalan suggested that STR licensees should be required to own and live in their home for up to two years before renting the property as an STR. Seavers wished to add language specifying the goals of the regulations to be encouraging strong neighborly relationships and protecting the availability of Nederland’s housing stock.

The BOT was in full agreement regarding fire pits being banned entirely, though Caligaris noted that she can reach out to the Nederland Fire Department regarding the process of requiring STR licensees to obtain special burning permits in order to legally operate a fire pit on the property.

The matter of creating new STR regulations will return to the agenda at a later date after Caligaris has conferred with other municipalities about how much they charge for their licensing fees, and after discussing the prospect with the Planning Commission and taking note of their suggestions.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, September 5, 2023, at 7 p.m. and can be attended either online or in person at the Nederland Community Center. For more information: https:// townofnederland.colorado.gov/board-of-trustees