The Nederland Board of Trustees (BOT) met on Tuesday, September 17, 2024, to discuss their goals for 2025 and beyond, and the strategies with which to implement their plans. The BOT also continued their discussion of Trustee term limits, focusing on a possible loophole in Town code that would allow for Trustees to serve more terms than legally allowed by state statute.
Trustees received an update from Ayden Eickhoff of SE Group regarding the Town of Nederland’s Comprehensive Plan update. The plan is reportedly close to completion, with one more public engagement event planned.
A full draft of the Comprehensive Plan will be introduced at the Public Plan Presentation, scheduled for October 10 from 5 to 7 p.m. at the Nederland Community Center. Nederland residents will be able to review the draft plan and provide their comments and concerns regarding the suggested strategies proposed within.
Public relations material, including fliers and press releases, will be rolled out on September 26, and the Comprehensive Plan will be released for view on the Town’s website, through the Engage Nederland portal.
Of the nine chapters being drafted, only the Transportation and Utilities and Facilities chapters are still in progress. The Subarea Plan, which focuses on Nederland’s Central Business District, is also close to complete and ready for public review.
Eickhoff also noted that the Comprehensive Plan and Subarea Plan both inform several other plans that are in process, including the Parks, Recreation, and Open Space Trails Plan, and the Multimodal Transportation Plan (MTP). The MTP, being developed by Fehr and Peers, directly crosses over with the Subarea Plan in terms of downtown infrastructure affecting economic development.
SE Group expects both plans to be approved and established by the Board in December.
The BOT voted unanimously to approve Ordinance 866, which adopts the 2023 edition of the National Electrical Code, which would require an amendment to Section 18-1 (A)(6) of Nederland Municipal Code.
Resolution 2024-37 was also approved, setting the rates of the Town’s EV chargers to $0.32 per kWh for the level 2 chargers and $0.50 per kWh for the level 3 chargers, which are soon to be fully installed.
In continuing their discussion of the Town of Nederland’s 2025 Budget, the Board was tasked with reviewing a draft for the Town’s Strategic Goals for 2025, and to assess the goals based on the projected financial climate of the coming year.
Town Administrator Jonathan Cain presented Town staff’s recommendations for 2025 goals, which include economic stabilization and growth, infrastructure maintenance and improvement, environmental sustainability, tourism management and planning, community engagement and communication, and public safety and emergency preparedness.
Cain proposed that, considering that the Strategic Goals for 2024 includes several plans and initiatives that are not yet complete, the 2025 budget should be adjusted accordingly to cover the completion of those initiatives. Following the completion of the Comprehensive Plan, the BOT would then begin strategic planning for 2025 and 2026.
The 2024 goals were reviewed, with Cain providing Town staff’s recommendations as to how the focus on these goals will be slightly shifted going into 2025.
It was noted that, for 2025, the budget may not allow for a 5% increase for Town staff, that “several million dollars” in water and sewer infrastructure upgrades will have to be assessed, and that the Town will be pursuing affordable housing opportunities to fulfill its commitment to Proposition 123, requiring Nederland to develop 13 affordable housing units by 2027.
The successful completion of the Big Springs Emergency Egress project was listed as a high priority in 2025, as was the development of a five-year capital plan, a parking management plan, the Tourism Management Plan, and sidewalk reconstruction in the downtown area.
Trustees commented that a review of the Town’s proposed budget for Public Engagement in 2025 is required, as they desired to see financial reports indicating sales tax revenue gained from the Town’s planned events. Concern was also raised that the Public Engagement position is being used more for tourism initiatives.
Cain concluded the presentation by highlighting the BOT’s calendar for the remainder of the year, indicating the next steps in the budget drafting process. The Board, after discussing Boulder County Sheriff’s Office’s contract on October 1 and reviewing the water and wastewater rate study on October 15, will discuss the 2025 budget during a Work Session on October 29, and a regular meeting on November 12.
The public hearing on the 2025 budget is tentatively planned for November 19, with the final adaptation of the budget planned to occur on December 3.
Trustees also continued their discussion of Trustee and Mayoral term limits, which was previously discussed on August 6 when the Board was asked by Town staff if an update of their Rules of Procedure should be drafted. The BOT did direct Town Attorney Jennifer Madsen to rewrite the rules at that meeting.
Concerns have been raised by Trustees and members of the public regarding language in the Rules of Procedure that seemingly allows for a Trustee to run for more than two consecutive terms by running for Mayor. Trustee Corvalan expressed her belief that the Town was currently in violation of Colorado state statutes since Trustee Kristopher Larsen had been elected to the Board two years after serving as Nederland’s Mayor.
The Nederland BOT’s policy states: “no elected official may serve more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, no official shall serve more than three consecutive terms in office. Terms are considered consecutive unless they are at least 4 years apart.”
Trustee Tania Corvalan and Mayor Pro Tem Nichole Sterling presented this discussion to fellow Trustees, stating that the term “in office” is open to interpretation as to whether the positions of Mayor and Trustee are the same or different offices. Corvalan wished for the BOT to express urgency in drafting an ordinance to address the issue.
The question before the Board was whether they wanted to have residents vote on clarified term limits and descriptions of offices in a special election.
Others felt that, due to the cost of holding a special election, the matter should either be held until the Town’s next regular election, or be held until after it is determined whether the matter of Nederland becoming a home rule municipality will be going to a special election, so the two issues can share a ballot.
Cain added that the earliest a special election can take place is January, specifically 90 to 120 days after the approval of a resolution setting that election.
Sterling proposed continuing the conversation during strategic planning discussions after the 2025 budget has been finalized, which the majority of the Board agreed with. Sterling also suggested that, if home rule is eventually approved, Trustee and Mayoral term limits can be included in the Town’s new Charter.
The Board approved a funding agreement with Boulder County, allocating $39,500 in American Rescue Plan Act funds to Peak to Peak Housing and Human Services to be used to create mental health training programs.
A memorandum of understanding was also approved, naming former Town Administrator Miranda Fisher as the person responsible for managing the program for the Town. Fisher is still under contract with the Town of Nederland for consulting work until December 31, 2024.
The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, October 1, 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-of-trustees.
