The Nederland Board of Trustees (BOT) met on Tuesday, August 16, 2022, at 7 p.m. for their regularly scheduled meeting. They engaged in a discussion on a supplemental budget to help resolve the current crisis affecting the Nederland Police Department (NPD) and other Town departments.

The BOT began their meeting by approving their Consent Agenda, which covered matters of an Intergovernmental Agreement (IGA) with Boulder County, as well as an IGA with the Colorado Rangers.

The Town of Nederland must enter an IGA with Boulder County in order to participate in a coordinated election in November. The IGA must be approved and signed by the BOT and by Town Clerk Macy Caligaris, who will be serving as the election official.

On June 10, 2022 the Town of Nederland was notified that they had received funding from the Department of Local Affairs’ Housing Planning Program Grant, which was applied for in March. The grant will fund a housing study that will present opportunities and strategies for changing municipal zoning codes to promote affordable housing.

The housing study and change to Town code are prerequisites for being eligible for the Housing Development Incentive Grant Program. The incentive grants would assist in covering development costs for affordable housing construction in Nederland.

The Colorado Rangers have amended their IGA with the Town of Nederland and are seeking BOT approval to move forward. The amendment includes changes to the IGA language, specifying “Board of Governors” as opposed to “Board of Directors.”

The BOT unanimously approved all items on their Consent Agenda.

On August 7, Trustee Jonathan Baumhover submitted his resignation letter to the BOT, effectively creating another vacancy on the Board. The BOT has until October 7, 2022, to determine how to fill the vacancy, either through appointment or special election. The person who is either appointed or elected will hold the position until the next scheduled municipal election in April, 2024.

Mayor Pro Tem Tom Mahowald has suggested that the BOT wait until after the August 23 special election to make a decision on how to fill the vacancy left by Baumhover. If Mahowald is elected on August 23 to the position of Mayor it will create a second vacancy on the BOT.

Trustees agreed that it made logistical sense to save making a decision about how to fill the vacancy created by Baumhover’s resignation until after the election. The matter of whether the BOT favors another special election or appointment of the vacant seat(s) will be presented again at their special meeting on August 30.

The BOT was tasked with voting whether or not to approve the reappointment of David Thrower as Town Judge, as well as whether or not to approve Thrower’s contract agreement. Thrower has been Nederland’s Municipal Judge since August, 2018, and is seeking his reappointment.

The BOT moved to approve the reappointment of David Thrower as Town Judge for a second two-year term.

Boulder County Sheriff’s Office (BCSO) Division Chiefs had been scheduled on Tuesday meeting’s agenda to attend a Questions and Answers session pertaining to how they can support the NPD and the Town of Nederland, but were not in attendance for the August 16 meeting.

Town Administrator Miranda Fisher updated the BOT that BCSO officers, in addition to their contract for nighttime coverage in Nederland, have been filling extra duty shifts through August, and are beginning to sign up for September.

Town Administrator Fisher and Town Treasurer Rita Six presented to the BOT a second draft for a supplemental budget for 2022 that would cover wage increases for Town Staff, including $103,374 for the NPD. The supplemental funds would also be utilized to increase the NPD’s budget to cover background checks and BCSO extra duty officer pay.

The BOT was tasked with reviewing the supplemental budget for approval as well as approving September 6, 2022 as the date for the public hearing concerning the supplemental budget.

Town Administrator Fisher led the BOT through a presentation that covered proposed budget increases for the Visitors Center, Nederland Community Center, NPD, Town Works, and Town Administration. The proposed budget increases aim to assist all of Town departments and services with the wage increases necessary to retain staff.

The supplemental budget offers the NPD a budget increase to fund more extra duty coverage from BCSO, cover the cost of running background checks for new recruits, and boost officer salaries.

The Visitors Center would receive funds to continue stocking local merchandise, as well as funds for a complete repaving of their parking lot. The Nederland Community Center (NCC) would utilize the supplemental funds to install ADA-compliant automatic door features on their front doors, as well as replace their grease trap.

Town Staff is hoping to utilize the supplemental budget to pay for the hours necessary for Town Attorney Jennifer Madsen to cover Nederland’s legal matters. The funds would also be utilized to create a Billing Support Specialist position and fill the Administrative Assistant position.

The Parks department requires $3,500 from the supplemental budget for sidewalk repair that is legally required by the Town of Nederland due to issues of liability. The Streets department requires $30,000 for asphalt replacement in the Visitors Center parking lot and $20,000 for installing a dust suppressant on two miles of road in the Big Springs neighborhood. The Utilities department requires $25,000 each for Water and Sewer to cover services provided by Direct Discharge LLC.

In addition to salary increases for the Administrative, Finance, Clerks, Planning and Zoning, and Public Works departments, including for Visitors Center and NCC employees, the supplemental budget proposes a 6% cost of living increase for Town Staff, as well as a 4% merit increase for employees who did not receive at least a 4% salary increase in 2022 separate from a promotion.

The figures in the supplemental budget concerning wage increases are based on the last nine pay periods left of 2022. Fisher noted to the BOT that this draft supplemental budget does not include the effect the proposed wage increases and capital project budgets would have on the 2023 Town budget.

The BOT discussed the importance of wage increases across all Town departments, with Trustee Eric Coombs- Esmail wishing to see figures for both a salary raise and a merit-based bonus for Town Staff. Trustees also dissected the priority level of the proposed capital projects and appeared to agree that repaving the Visitors Center parking lot was not a priority as the work is covered under the Denver Regional Council of Governments (DRCOG) Transportation Improvement Plan (TIP).

The BOT will continue to discuss the 2022 supplemental budget at their special meeting on Tuesday, August 30. The BOT set September 6 as the date for the public hearing, allowing for the required 15 days between public notice and the date of the hearing.

On July 26, during their scheduled work session the BOT requested that Town Staff draft ballot language for November 8 ballot questions concerning raising sales and property tax and instituting a Special Retail Marijuana Sales Tax.

The BOT discussed percentages for the tax increases but did not set definitive amounts at their August 4 special meeting. Trustees briefly discussed at that meeting how to properly identify to the public, whether in the ballot language or by earmarking funds in the 2023 Town budget, where the money for each tax increase will be allocated.

On August 16 Trustees discussed a 1% increase to Sales Tax and instituting a 5% Special Retail Marijuana Sales Tax, but were undecided as to whether to include a question of a property tax increase on the November 8 ballot due to rapidly decreasing assessment rates. There will also be a question of a three mill levy increase from the Fire District on the ballot, which Trustees worried would interfere with the success of passing a proposed five mill levy increase for Nederland.

Marijuana sales are already subject to Nederland’s current 8.985% sales tax and a 15% tax imposed by the state. Due to this, Trustee Karen Blakemore proposed that she will meet with Nederland’s dispensary owners over the next week to gauge their feelings on an additional 5% tax and the potential effect on their sales.

The BOT expects up to $616,000 in increased revenue if these two tax initiatives were to pass on November 8 and discussed whether to earmark the funds for the NPD, stating to the public the intended use for the revenue. Mayor Pro Tem Mahowald expressed a concern about earmarking the funds to the NPD considering the BOT have yet to make a public decision on the future of the NPD.

Earmarking the tax revenue to the NPD, or specifying the use of the revenue as “for the NPD” in the ballot language, could cause issues if the future decisions of the BOT lead to the NPD being dissolved.

The BOT will continue the discussion of the November 8 ballot language for proposed tax initiatives at their special meeting on Tuesday, August 30. The ballot language must be approved by the BOT and sent to Boulder County election officials for review by Tuesday, September 6.

Town Administrator Fisher highlighted in her Staff Report how Nederland’s Utilities department has bounced back from a crisis situation. Staffing for the Utilities department has gone from a staff of one to nine in just three weeks. Fisher gave a shout out to the dedicated staff on Town Works’ many departments, and noted that the Parks and Streets departments are also now fully staffed.

Town Clerk Macy Caligaris will act as the election official for the August 23 special election for Mayor and for one vacant seat on the BOT. Ballots can be dropped off at Town Hall or at the ballot box outside of the Nederland Community Center, and can also be sent through the mail. Ballots must be received by 7:00 p.m. on Tuesday, August 23 to be counted.

Sustainability Coordinator Eryka Thorley mentioned several campaigns in her Staff Report, including the US Solar Subscription Campaign which begins September 7. US Solar will have “soft launches” for their subscription program scheduled for the weekend of August 20 and 21 at Wild Bear Nature Center and scheduled for the Peak-to- Peak Housing and Human Services Alliance Human Services Fair on Thursday, August 25, from 10 a.m. to 12 p.m.

The Town of Nederland, in collaboration with Partners for a Clean Environment (PACE), will be conducting monthly assessments from mid-September to November in Nederland as a free service to help Boulder County businesses save energy and water.

Thorley also mentioned an EV Day scheduled for Sunday, September 11 at the Nederland Farmer’s Market which, with support from Drive Clean Colorado, will feature 5 electric vehicles and an E-bike with EV experts available to answer questions.

Trustee Blakemore stated in her Trustee Report that she is partnering with Thorley on an E-bike rebate program, as well as a lease-to-own program for Nederland’s low-income residents.

Blakemore added that the Multi- Modal Transportation and Mobility Plan, applied for from the DRCOG TIP, was selected for consideration. DRCOG suggested increasing the requested $125,000 budget to $200,000, without the need for increasing any matching funds from the Town.

Blakemore will be looking into the Reconnecting Communities Pilot Program, a federal program aimed to provide economic opportunities to “rural” communities through grants to fund capital construction projects for transportation infrastructure. For purposes of the program a “rural” community is defined as being outside of an urban population, with its own population being less than 50,000.

Trustee Coombs-Esmail brought up the matter of creating an Annexation Ordinance for the Town in the Other Business section of the meeting Agenda. The matter of the language for an Annexation Ordinance has not been before the Board since Tuesday, May 17, 2022. Trustee Coombs-Esmail expressed a desire for the BOT to discuss the matter further, specifically the annexation conditions (whether the size of the property or type of development) that would trigger an election. The BOT will discuss the Annexation Ordinance during their September 13 work session.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is a special meeting on Tuesday, August 30, 2022, at 7 p.m., when the BOT will swear in Nederland’s new Mayor and new Trustee based on the results of the August 23 special election.

Their next regularly scheduled meeting on Tuesday, September 6, 2022, at 7 p.m. will feature a discussion on paid parking initiatives. Meetings 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