NEDERLAND — Though the doors of the new multi-million dollar New Explorers childcare facility have officially opened, the matter of their unpaid water and sewer Plant Investment Fees—a payment expected of any new construction, typically during the permitting process and before building occupancy—was still unresolved.

Town defers TEENS, Inc. fees

On Tuesday, October 6, 2026, the Nederland Board of Trustees (BOT) were tasked with taking action regarding the ground lease between the Town and TEENS, Inc., owners and managers of the new facility. Trustees reviewed Resolution 2026-28, which aims to amend Section 3.03 of the lease and allow TEENS, Inc. to pay their $361,582 in fees annually over a period of five years.

The first payment of $72,316.40 is due on October 31, 2026. Subsequent payments will include 3% interest—which begins to accrue from the remaining principal balance on November 1—and will be due on October 31 of every year until 2030. 

TEENS, Inc. is granted up to 30 days to satisfy a missed payment, and is also permitted to pay in advance any or all of its outstanding balance without risk of penalty. Furthermore, TEENS, Inc. is encouraged to “continue reasonable, good-faith efforts” to obtain some form of outside funding, as it is mandated that any such funding be applied to their fee balance. 

Because Interim Town Manager Miranda Gordon was absent, Town Attorney Jennifer Madsen presented the agenda item to Trustees, none of whom had any questions regarding the final draft of the resolution. 

“I’m glad we could finally get to this point,” Mayor Nichole Sterling said, before the Board entertained a motion. 

Trustee Billy Giblin expressed confusion over the 3% interest rate being set in the resolution, as he was under the impression that the Board was going to consider setting the rate to something more equivalent to the rate of inflation. It was confirmed by fellow Trustees that the majority of the Board agreed on 3% for “simplicity.” Sterling added that the rate was also to provide consistency for TEENS, Inc. 

Echoing the sentiment of the one member of the public who provided comment on the issue, Trustee Kristopher Larsen warned of setting a bad precedent—“opening a can of worms”—in relation to waiving or deferring water and sewer fees.

Trustee Topher Donahue agreed, though he added that that bad precedent was set long ago.

“It’s an old can,” Donahue said.

Larsen reiterated that, due to a “number of broken promises” involved with the New Explorers project, he would be voting to deny Resolution 2026-28, which inevitably passed by a vote of 5 - 1. 

The cows are coming home 

The Board also voted on Ordinance 893, which aimed to repeal and replace Section 16-77 of Chapter 16 of Nederland Municipal Code, amending the Temporary Use Permit process to allow the use of temporary grazing and other “short-term land management activities” in residential property zones. 

This issue was first raised in May of this year, when the Nederland Planning Commission heard a proposal from property owner Emmit Hoyl about relocating six steer to his meadow property at 0 East 3rd Street for grazing purposes. Hoyl’s original intention was to mitigate overgrown grass and vegetation for two months over the dry summer season. 

According to the report from Nederland Community Planner Britt DeMinck, Commissioners sought to create a “more flexible administrative process that would allow the Zoning Administrator to evaluate similar temporary uses, provided they satisfy established criteria and do not adversely affect neighboring properties or the community.”

Commissioners ultimately approved the ordinance for recommendation to the BOT on August 26, 2026. 

After receiving some clarification from Town Attorney Madsen, the ordinance lists the specific permitted  temporary uses, defined as “vegetation management, wildfire mitigation, noxious weed control, ecological restoration, agricultural education, or similar temporary land management purposes” conducted by “goats, sheep, livestock, or other grazing animals.” 

Also listed are Christmas tree sales, to be permitted in any nonresidential district for up to 45 days; construction-related contractor offices and equipment sheds; and temporary real estate offices “incidental to new housing developments,” which are permitted until one year after all units of the development are sold or leased. 

The ordinance also contained language defining “other” temporary uses as “short-term, seasonal, intermittent, or transient uses, activities, or land management practices” which are similar to the previously listed uses and are subject to approval by the Zoning Administrator. 

Without any public comment and few clarifying questions from Trustees, the BOT voted unanimously to approve Ordinance 893.  

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, October 20, 2026, at 7 p.m. and can be attended either online or in person at the Nederland Community Center. 

For more information go to: townofnederland.colorado.gov/board-of-trustees.