The Nederland Board of Trustees (BOT) met on Tuesday, September 14, 2022, at 7 p.m. to discuss whether they would prefer appointing a new Trustee to the vacant seat on their Board, or holding another special election.

Trustee Eric Coombs-Esmail and Town Attorney Jennifer Madsen presented to the BOT a draft for an Annexation Ordinance for the Town of Nederland. The BOT was tasked with providing guidance on the Process and Review criteria detailed in the ordinance language, as well as specifying the annexation conditions that would trigger a municipal election.

The Process for applying for annexation, if the ordinance were to be adopted, would include a pre-application meeting as a requirement before an application is submitted. Once submitted, the application would then need to be certified by Town staff before being referred to the Planning Commission, Boulder County, and any other interested parties.

The annexation petition would then be presented to the BOT for review before becoming subject to a public hearing. If the annexation petition were to pass, then the applicant submits the final map and designs so Town staff can then file the annexation map with the County, the Department of Local Affairs, and the Department of Revenue.

The review criteria for an application would be contingent on whether the property proposed for annexation affects any other current annexation or annexation petition, and on whether the property is within Town boundaries and therefore in reach of Town-controlled services including water, sanitation, and power. The application review criteria would also be contingent on BOT discretion.

Trustee Tania Corvalan stated that property acreage should not be the only factor when considering when an election would be triggered, and that property density of the proposed annexation should also be a part of the review criteria, which could be dictated by the adjacent property zoning conditions regarding density.

Trustee Karen Blakemore wished to see language in the annexation ordinance that specifies that the Town would be able to provide the proposed property for annexation with services for the foreseeable future, most notably water services.

Trustees specified the type of reports that an applicant would need to provide with their application for annexation, including a traffic study and a water rights report. The BOT also specified that the applicant would be responsible for the election fees, if their annexation proposal triggers an election.

The BOT directed Town staff to create an annexation ordinance draft as well as a draft for an annexation agreement based on that ordinance. The BOT also desired to see more information concerning using Boulder County’s zoning conditions as the primary criteria for annexation review, in comparison to using Nederland’s zoning conditions.

Trustees hope to have an annexation ordinance completed before Nederland’s Intergovernmental Agreement with Boulder County expires at the end of this year. The IGA gives Boulder County control over annexation matters concerning Nederland.

The BOT is currently a Board of six, which includes Mayor Giblin, and has a vacant seat resulting from former Trustee Jonathan Baumhover’s resignation on August 7. The BOT has until October 7 to decide whether to fill the open seat by appointment or by special election. Town Staff has recommended using an application process if the BOT chooses to appoint the position.

The BOT has not had a full Board of seven since former Mayor Julian Taylor took his Oath of Office on April 19, 2022. Having an even number on the Board created difficulties on Tuesday, September 6, when the BOT tied three- to-three on four different occasions while voting on resolutions and Trustee motions. A tie vote results in the failure, or vote of disapproval, of the proposed resolution or motion.

Trustees agreed that appointing the open position through an application process would be ideal. The BOT desired a resolution on this matter to be met expediently, and a motion to turn the discussion item into an action item was raised and passed.

The Board voted unanimously in favor of appointing the position and directed Town staff to open the application process on Wednesday, September 14, 2022, with applications or letters of interest being accepted through to Friday, September 23 by 5 p.m. The applications will be subject to public view on the official agenda for the BOT special meeting on Tuesday, September 27.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, September 20, 2022, at 7 p.m. and can now be attended online or in person at the Nederland Community Center. For more information go to: https://townofnederland.colorado.gov/ board-of-trustees