Dear Editor,

Nederland passed, with great fanfare and mutual back slapping, the Rights of Nature ordinance, promising to protect our watersheds, waterways, stream side habitat and fauna, in 2023. However, as soon as the consequences to building and development were pointed out after the fact, town couldn’t scurry away from their commitments fast enough.

In our comp plans to date, and in the planning document since the last comp plan, Envision 2030, town reaffirmed its commitment to less is more, small is beautiful, and to preserving whenever possible natural resources when planning building or development, and commitment to government transparency and fairness. Our latest comp plan draft does not continue these commitments. In fact, the town wide meetings and exchange to formulate the plans were only in tightly controlled settings, with simple yes no responses on a limited set of issues, and putting pins on a map. At the latest BOT meeting, there was no comment from the public on the draft! People are disengaged because they are being ignored.

Case in point:  The approval of the 99 year lease for $1 per year to Teens Inc, to deal with the “emergency” lack of childcare. 

162 residents voted against the placement of the childcare center at this location, although more voted for it. Town board members, during every phase of the discussion, assured the public and concerned neighbors that details such as size, placement, etc., could all be taken up in discussion around the lease agreement.

Many people who voted did not know that the building that was proposed at the Special Review meeting had no measurements. Size estimate at the first reading in 2023 was 6000sf, then it morphed at one time to a possible 14,000 sf, as explained in a letter by Teens Inc executive director Steve LeFavor. However, subsequent to this, the size was estimated at 11,000, 10,000, who knows? For comparison, the fire station and teen center buildings are about this size. When I spoke to a person at the Early Childhood Education office in Denver about the project, the square footage was so much higher than that required for the projected number of children that the woman assumed that the proposed building included a rec center.   

With a 3/4 acre lot, a reasonable and adequate building could be placed far enough from the creek to make the stream-side accessible and enjoyable by all. Seems like a small concession for such a big gift from the town.

However, in an “emergency” ordinance, town approved Teens Inc lease, granting permission to build a building with an 8600 sf footprint (!) with no restrictions on placement of the building. The entire square footage of the parcel is 32,000 sf. Teens has indicated they will preserve 20 feet streamside for a footpath – hardly a tantalizing prospect since either a building or a six foot fence could border the path as per agreements to date. Sounds like a perfect place for drunks to hang out, protected from view, on a summer day when class is not in session.

The draft lease was released a week ago Friday, and the BOT vote took place on Tuesday.  There was zero discussion of the changes and modifications that were suggested by members of the public, such as a smaller footprint (5,000 sf) and two floors. In fact, those letters did not appear in the packet until 10:30 a.m. the day AFTER the meeting. It goes without saying that the lease was not changed or modified based on any public concern. 

Instead, the lease was crafted as an “emergency ordinance”, which means it is effective immediately and there is no opportunity for citizen challenge, for example, by referendum.   It was passed without modification. One member of the public, who supported the project concept, chastised the board for their unilateral disdain for the neighbors’ concerns and voiced the observation that steamrolling over a neighborhood is not necessarily the way to run a successful project.

Here are some of the highlights of the lease:

-Lease is transferable

-Any remediation of soils due to contamination on the site will be paid for BY THE TOWN.

-No restriction on placement of the building.

-Up to 8600 sf footprint, despite the concerns by Mayor Giblin and another trustee that this might be bigger than necessary.

Government representatives who have only disdain for those who wish to actively engage the town with their unique perspective are turning our board meetings into what resembles a feudal system, where supplicants can come and ask, but there is no expectation of interaction. This does not serve the people of Nederland. 

A warehouse sized building, no limit on the liability that may be incurred by the town in terms of cleanup of pocket contamination or other issues, traffic and drainage nightmares yet to be addressed, the destruction of a neighborhood, and a change in our town image, all done, well, all so easily. Way to go, town!! 

Mary Jarril

Nederland