The Nederland Board of Trustees (BOT) met for a special meeting on Tuesday, February 28, 2023, at 7 p.m. to vote on whether to approve contracting with Boulder County Sheriff’s Department (BCSO) for full-time police coverage. BCSO is currently under contract for nighttime coverage and has been providing extra-duty officers when available for daytime coverage since Summer 2022.

Town Attorney Jennifer Madsen presented to the BOT the first and only Action Item on their agenda which concerned making a final decision as to whether to contract with BCSO to cover Nederland’s law enforcement needs. BCSO offered three options:

Option A specifies that Nederland would have one full-time sergeant and four full-time deputies assigned to it, while also getting 20% of time from an animal control officer and 50% of time from a detective, at a total estimated cost of $877,596 a year.

Option B is the same coverage as Option A but without any time from BCSO animal control, with a total estimated cost of $851,479 a year.

Option C specifies one full-time sergeant and three full-time deputies, with 50% of time from a detective and without animal control, for an estimated cost of $711,596.

Regardless of which option is chosen, BCSO estimates it will take 9 to 12 months to fully staff Nederland. Also, any contract with BCSO has a 12-month notice of termination clause.

Mayor Billy Giblin explained that though several Trustees and a large portion of the community were hoping for a rebuilding of the Nederland Police Department, over six months of effort has yielded no results. Though the Town of Nederland could continue to attempt to recruit a Marshal, the BOT feel that it is best to contract with BCSO to provide full-time law enforcement to the town.

BCSO would not provide an option with lower staff coverage than Option C, mostly due to the $711,596 amount of the contract being the lowest possible amount needed to cover their operating costs. BCSO also would not allow an option for any less than 50% of dedicated time from a detective because of their particular training and expertise required in criminal investigations.

The BOT discussed whether there was a need in Nederland for an animal control officer. Town Administrator Miranda Fisher recounted only one instance during her time on Town staff when a Boulder County animal control officer was required.

It was stated that Nederland’s Keeping Animals Ordinance, which is currently being drafted, does not refer to any requirement for an animal control officer. In the case of a code violation, a code enforcement agent from SAFEbuilt would be sent to investigate; law enforcement would only be required in the case of the need for a citation.

Trustees discussed whether Nederland truly required any more coverage than that of Option C, considering that the Town has been operating with only one BCSO extra-duty officer per day to provide daytime coverage since last summer. Option C specifies one deputy assigned to the day shift providing 50% coverage, meaning the deputy spends 50% of their uncommitted time in Nederland and the remaining 50% is spent in unincorporated Boulder County.

With Option C being heralded as the financially responsible course of action, a question was raised as to what happens to the savings in Nederland’s 2023 budget for law enforcement. There is over $1 million budgeted for law enforcement, while currently the Town spends roughly $25,000 a month for BCSO extra-duty officers. Fisher answered that any savings in the law enforcement budget could be distributed to other line items through a supplemental budget.

The BOT was split, as several Trustees believed that they should opt for the most coverage possible because the Nederland electorate voted to fund law enforcement through tax increases. Both Option A and Option B specify two deputies assigned to the day shift, together providing 100% coverage.

Though the Town would have the option to increase or decrease the amount of staffing provided by BCSO even while under contract, if the Town should choose to decrease the number of deputies, it would be required to continue to pay for that deputy for six months.

A motion was made to continue pursuing contract negotiations with BCSO under Option C; the motion was seconded and was approved by a 4-3 vote. Madsen stated that the contract will be finalized and will return to the BOT for approval and then will be submitted to the Boulder County Commissioners for their approval.

Once contracted with BCSO it will take an estimated 12 months to fully staff Nederland with a sergeant and three deputies. A sergeant will be hired first, who will then be responsible for reporting to the BOT and for recruiting deputies. During this 12-month process the Town will have to continue to pay the double-time pay rates for extra duty BCSO officers until Nederland is fully staffed according to their contract.

Town Administrator Fisher addressed Trustees with the recommendation to schedule a BOT Retreat, which was described as “one way for board members to explore emerging issues, address concerns, review and clarify roles and responsibilities, set goals and priorities, and develop a cohesive board.” Trustees discussed when and where they would prefer the retreat to take place, who other than Trustees should attend, and what Trustees desire to focus on at the retreat.

Mayor Giblin stated that he believed the BOT would become much more effective as a group if they sought cohesion by spending the majority of a day together to focus on their goals. Trustees discussed the possibility of each drafting their own prioritized list of goals to bring to the retreat and compare in hopes to find common interests that can become actionable resolutions.

Most Trustees were open to the concept and landed on the possibility of scheduling a BOT Retreat sometime in April, on a weekend, during the day, and for the retreat to be located somewhere not too far from Nederland.

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