The Nederland Board of Trustees (BOT) met on Tuesday, August 6, 2024, to discuss potential changes to several processes and procedures, including changes to Nederland’s building code regulations. Trustees were also presented with an update on title searches conducted on 12 Town-owned properties.

Before their scheduled meeting, the BOT attended a closed executive session to “receive legal advice related to outdoor recreational facilities and passive recreation uses in the Town’s zone districts, High Density Residential and Central Business District.”

Tom Mahowald, Treasurer of the Nederland Food Pantry (NFP), provided the Board with an annual report and presentation regarding Nederland’s human services.

Mahowald provided history as to how the Town’s health and human services is funded: from a percentage of collected lodging taxes. Mahowald noted that, since the previous Board reduced the percentage going to that fund in order to address the Town’s budget issues, the NFP has experienced a reduction of their budget, affecting the services they can provide.

Mahowald added that the NFP will be returning to the Board later in the year as discussions begin regarding the 2025 Town Budget. He stated that the NFP’s goal in these discussions will be to increase the percentage of taxes going into the health and human services fund, in order to ensure success in its mission of clothing, feeding, and providing mental and physical health care to those in need.

The Board discussed the process for licensing retail and medical marijuana businesses to address a scenario presently not covered in Nederland Municipal Code.

The Town has three operating marijuana dispensaries. Licenses for such business are capped at four. However, there is no language in NMC to address the scenario of two interested parties applying for the final available license at the same time.

Town staff suggested the following language to be added to NMC: any application submitted when there is a license available will be accepted on a “first come, first served” basis; those interested in obtaining a license, should all licenses be claimed, will have their information collected as a “waiting application”; a lot drawing will be conducted of any and all applications, including “waiting applications,” to determine the order as to which application will be processed first whenever a license is relinquished.

Such language will be drafted and will return to the BOT’s agenda for review at a later date. Those Trustees in attendance offered their approval of Town staff moving forward with these suggestions.

The Town has been working with Fidelity Title Company to conduct title searches on Town-owned properties to determine their eligibility for housing development.

Town staff presented the results from title searches on 12 properties and discussed the possibility of continuing with further feasibility studies, including hiring a contractor for site assessments and surveying, in order to determine the full scope of the property’s eligibility.

There was discussion about issues with neighboring properties to some of these Town-owned parcels, including mention of Homeowners’ Association documents restricting certain Accessory Dwelling Units and placing limitations on the size of residential units, as well as a cap on such units.

Town Attorney Jennifer Madsen added that many of the properties listed may have been dedicated to the Town for particular reasons, and that she would need to review the plats and relevant documents in order to ascertain the most feasible parcels for development.

Town Administrator Jonathan Cain discussed returning to the Board with a narrowed list of properties that have the legal potential for housing development. Cain added that Town staff will also provide a list of potential funding sources in order to hire a third-party contractor.

Madsen and Community Planner Britt DeMinck discussed drafting an ordinance to adopt the 2023 edition of the National Electrical Code (NEC). The Town of Nederland is currently operating under the 2020 edition of the NEC. Trustees approved.

The Board discussed both their Rules of Procedure, last updated in 2014, and the Electronic and Hybrid Meeting Participation Policy, adopted in 2022, and directed Town Staff as to whether either policy needs to be revised.

Mayor Billy Giblin noted that he would like to research using an online meeting platform other than WebEx, which the Town of Nederland currently uses.

Madsen provided additional clarification to the Board as to why the two policies are in need of being updated. She stated that the Nederland policies are in many ways inconsistent with state laws and are outdated, particularly in the matters of posting the official agenda, scheduling executive sessions, and providing sign-up sheets for public comment.

Trustee Tania Corvalan mentioned a potential issue in the language pertaining to Trustee and Mayoral term limits, as it appeared to her that a Trustee could serve more than the two terms allowed by running for Mayor and winning.

Trustee Kristopher Larsen reiterated that the language in Rules of Procedure is not legally binding, as there are binding rules for term limits stated within the Colorado Revised Statutes.

Madsen was directed to rewrite the Rules of Procedure from scratch, and to edit the Electronic and Hybrid Meeting Participation Policy as necessary.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, August 20, 2024, at 7 p.m. and can be attended either online or in person at the Nederland Community Center. For more information go to: https://townofnederland.colorado.gov/board-of-trustees.