The Nederland Board of Trustees (BOT) met on Tuesday, April 19, 2022, at 7 p.m. to swear in Nederland’s new mayor and three new trustees to the Board. The new BOT also appointed Town Officers and a new Mayor Pro Tem. The main discussion of the threehour meeting concerned the upcoming vacancies on the BOT that could raise the risk of Nederland being without a quorum.

Before their swearing-in on April 19, the new BOT held an orientation meeting on Tuesday, April 12, where they made their formal introductions. They also heard from Town staff and reviewed the rules and responsibilities of a town’s BOT.

Trustee Jonathan Baumhover began the introductions by stating that he’s looking forward to working with a Board with “new energy.” Trustee Baumhover added that there was a lot on their plate, including rewriting Nederland’s Intergovernmental Agreement with Boulder County, facing the housing crisis, and getting through the fire season.

Newly elected Trustee Karen Blakemore, who received 287 total votes in the municipal election held on April 4, (according to the official abstract of votes, released by the Nederland Town Hall on Friday, April 15) stated excitement to be working with “all these amazing people.”

Trustee Tania Corvalan, who received 229 votes, hoped for the new BOT to remain focused and see things through the often arduous processes.

Trustee Eric Coombs-Esmail said he was “looking forward to spirited debate, as is typical in the democratic process.”

Trustee Tom Mahowald, who received 237 votes, doesn’t take anything for granted, and wants to see how much they can accomplish as a group in their two year term.

Trustee Julian Taylor, who received 294 votes for the position of Mayor of Nederland, for which he ran unopposed, said that he was prepared to promote a smooth transition upon his eventual resignation. He hopes to vote in solid candidates for the inevitable vacancies on the BOT.

Mayor Kristopher Larsen offered some words of wisdom to the new Mayor and BOT, expressing that despite best hopes for a project, things can move slowly due to the search for funding. “It’s a marathon, not a sprint,” Larsen said, but added to be sure to trust in their town staff.

During their orientation meeting on April 12 the BOT was introduced to the Town staff department heads and heard short presentations on their current accomplishments and future projects.

Town Utilities Manager Jennifer Landon spoke to the BOT about upcoming federal funding to aid in upgrading and mapping out Nederland’s current sewage infrastructure. Landon also expressed a desire to update the town’s waste facility, which currently runs at 70% capacity through the summer months. Once the facility runs at 80% it is mandated for an upgrade. Landon mentioned that with the influx of people visiting and moving to town, it would be best to upgrade the facility sooner than later.

Parks and Recreation Manager Nikki Dunn addressed the BOT about the work she’s been doing developing Parks and Recreation to become its own department by 2023. Currently the department is part of the Parks, Recreation & Open Space Advisory Board’s (PROSAB) responsibility, and is funded through the town’s General Fund.

Dunn’s department is currently fully staffed and focused on fire mitigation projects and the anticipated Barker Meadows improvement project. Her department is also developing a parks and trails master plan, aimed at current trail maintenance and upgrades as well as creating new trails.

Dunn, who is also a certified traffic control supervisor and the town’s Americans with Disabilities Act (ADA) expert, expressed her desire for new vehicles and equipment. Dunn is looking at different avenues by which to secure $65,000 in funding for this purpose.

Community Center Manager Dawn Baumhover spoke to the BOT about Ballot Issue 2A, on the ballot for the election on April 5, which passed with 371 votes. The issue was in regards to the continuance of a small sales tax being allocated to the Nederland Community Center.

“It’s very gratifying to see that the community has embraced the facility,” Baumhover added.

Baumhover explained that the remodel to the center which was completed in 2007 is already in need of updates. Plans for improvements to the center include new LED high bay lighting in the auditorium and gymnasium, a major roof replacement, a revamping of the building’s west wing, and an overhaul of the HVAC system.

Sustainability Coordinator Eryka Thorley introduced herself to the BOT and detailed her work with the Sustainability Advisory Board (SAB) and Zero Waste Committee to develop a composting program. Thorley also expressed hope that Nederland’s Green Business Plan will launch by May 1, 2022.

Administrative Support Manager Peter Cacek and Town Clerk Macy Caligaris made their introductions to the BOT. Cacek has been supporting the Town Hall as well as the Visitor’s Center and has been assisting numerous advisory boards. Cacek detailed many other projects in his purview, such as managing Town Hall’s social media and website and improving the permitting process for special events.

Caligaris has been working diligently to supply the BOT and other local government boards and committees with their information and meeting agendas, as well as writing the meeting minutes. Caligaris has also taken the responsibility of handling licensing for local businesses, covering marijuana and liquor licenses, among others.

Marshal Larry Johns and the Nederland Police Department have secured a $70,000 grant to help update the department’s technology and systems. Sergeant Jennifer Fine-Loven detailed how the funds are providing them with a new records system and with body-cams and computers for their patrol vehicles. The new records system will assist NPD to better communicate with courts and district attorney staff, and streamline the report writing process, allowing officers to be more free to serve the community.

Fine-Loven, along with Town Administrator Miranda Fisher, will be representing Nederland and the mountain communities in an upcoming Opioid Task Force, organized by the state of Colorado. Fine-Loven also mentioned to the BOT that the NPD is actively recruiting and that the issue of police salaries will be coming up for discussion in the near future.

Johns addressed the BOT about the importance of a Big Springs emergency egress road. With wildfires a constant concern, a dedicated exit from Big Springs during a fire-related disaster would relieve pressure on emergency services. Johns expressed that he wishes to see this project made a priority.

Johns received special recognition at the BOT meeting on Tuesday, April 19, for his years of service as Nederland’s Marshal and in celebration of his retirement. Mayor Larsen shared emotional words with Johns and the crowd of officers from NPD, Nederland Fire Department, Boulder County Sheriff’s Office, Colorado Rangers, and more.

“We’re eternally grateful for all the years of service. You are a cornerstone of Nederland and I wish you the very best!” Larsen said.

Colonel Ronald Abramson, Chief of the Colorado Rangers, spoke of his personal appreciation for Marshal Johns. Abramson has known Johns for more than a decade and deems him a great mentor who has served in many different roles and is an inspirational leader statewide.

NDDA Chairperson Barbara Hardt spoke of Marshal Johns’ career and how, since April 29, 2002, Johns has been a confident leader for Nederland through floods, fires, and bombings.

Johns expressed to the crowd how fortunate he has been to serve the community and, in a special ceremony, awarded medals of recognition to his NPD officers. Johns awarded Sergeant Jennifer Fine-Loven her Marshal’s badge, which she accepted standing alongside her daughter.

Fine-Loven was also awarded a medal of recognition for being quick to respond and administer CPR to a car crash victim, saving a life. Officer Eric Gerthe was awarded a medal in recognition of his CPR efforts at a scene that helped to save a man’s life. Officer Troy Hendricks received a medal for administering CPR at a medical emergency at Arapaho Ranch. Officer J.P. Niehaus received a medal of recognition for his efforts to save a young life at a horrific car crash on Boulder Canyon.

Mayor Larsen was also formally recognized for his service as mayor to the town of Nederland. Trustee Lindsey Danforth read from a letter from Colorado Congressman Joe Neguse, thanking Mayor Larsen and wishing him the best in his “future adventures.”

The last responsibility of the former BOT, before swearing in their new members, was to deliver their final Trustee Reports.

Trustee Taylor had met with the Planning Commission and discussed Nederland’s current animal-control regulations. They are primarily looking at Town Code to see if any changes in language pertaining to large farm animals is necessary.

Trustee Danforth wished to give a personal thanks before stepping down to relinquish her chair. She thanked those that she’s served and worked with on the Board and on Town staff.

Trustee Alan Apt also gave his thanks to the BOT before stepping down. Apt also detailed many climate action initiatives that he’s been a part of and that the state of Colorado is working towards. Colorado plans to set up five toxic emission monitoring stations along the Front Range to gather data that will hopefully lead to legislation.

Trustee Baumhover offered little update on the Big Springs parking project, as communications with Tebo Properties is currently non-existent. Baumhover noted that the Beautification Committee is currently reviewing applicants for the Town gardener position.

In his final act as Mayor, before passing the torch and swearing in Trustee Taylor, Mayor Larsen addressed the BOT and the crowd with some parting words. Larsen provided his farewell speech online, as well, paraphrased here:

“As I close out six years as Mayor, I wanted to take a moment to reflect. The last six years have been incredibly busy for Nederland, both because of the projects we’ve undertaken and because of the challenges we’ve faced. Each tested us as a team, each taught us lessons that prepare us better for the future, and each brought us together as a community and made us stronger.

“All these achievements are due to the amazing people who have given so much of themselves for Nederland,” Larsen continued, thanking not just the BOT but all the volunteers on Nederland’s boards and commissions, and a special thanks to Town staff, especially the Town Administrator.

“It has been my honor to serve as mayor for the last six years and my final thank you goes to all those who trusted me with this responsibility. Nederland is a truly special place for so many reasons, but mostly because of its people. I will miss being mayor for many reasons but look forward to finding new opportunities to keep Nederland special.”

Mayor Larsen then swore in Trustee Julian Taylor as the new mayor and stepped down.

Trustees Apt and Danforth both stepped down and Mayor Taylor commenced swearing in the three new Trustees. Mayor Taylor and Trustees Blakemore, Corvalan, and Mahowald, once sworn in, then had to approve and appoint the positions of Town Officers.

The new BOT approved Resolution 2022-24, concerning the appointment of Town Officers, then proceeded to swear the officers in. Miranda Fisher was sworn in as Town Administrator; Rita Six as Town Treasurer; Macy Caligaris as Town Clerk; Jennifer Madsen as Town Attorney; and Jennifer Fine-Loven as Town Marshal.

The BOT then had to appoint one of their Trustees as the new Mayor Pro-Tem. The Mayor Pro-Tem serves as mayor in the event the mayor is absent or for any reason temporarily unable to perform the duties of the position.

Mayor Taylor recommended Trustee Mahowald for the position, formerly held by Trustee Baumhover; Trustee Mahowald was the only candidate at the Candidate’s Forum to state that he would run for Mayor of Nederland.

The BOT unanimously approved Resolution 2022-22, appointing Trustee Mahowald to Mayor Pro-Tem.

Each Trustee of the new Board was appointed to designated Town advisory boards and commissions. Trustee Blakemore was recommended for the Planning Commission; Mahowald for the SAB; Baumhover for the Youth Advisory Board; Corvalan for the NDDA; and Taylor for the Zoning Adjustment Board. Each Trustee agreed and accepted the recommendations.

Fisher presented the BOT with their final Action Item on the Agenda, which concerned extending Fisher’s authority to grant businesses “temporary use” permits for outdoor service. The authority was granted to Fisher as part of an Emergency Ordinance during the COVID pandemic. Fisher wishes to extend this authority to help ease the currently rigid Special Review Use (SRU) permit process.

The BOT approved extending this authority to Fisher.

Mayor Taylor presented the BOT with a Discussion Item about implementing a non-obligational three minute response to public comment at future BOT meetings. The optional three minutes ideally would be used to clarify concerns or fully answer questions from public comments to both agenda and non-agenda Items.

The BOT was mostly in support of experimenting with this concept, stating that more discussion, especially with the public, is always a good thing.

The Discussion Item that took the meeting nearly past its deadline of 10 p.m. was of the upcoming vacancies on the BOT. Mayor Taylor and the new BOT debated how to properly avoid these vacancies leading to a lack of a quorum. A quorum is the minimum number of members of a governmental assembly (or Board) that must be present at meetings in order for the proceedings of that meeting to be valid. If there are less than four Trustees on the Board, the Board isn’t valid; without a valid BOT, Nederland becomes at risk of losing its status as a town.

With Mayor Taylor having taken his oath of office there exists a Trustee vacancy which the BOT must decide how they want to fill within the next 60 days, by June 16, 2022. Mayor Taylor has also accepted a job which will move him to Rochester, New York; he will have to resign his position on June 1, 2022, and 90 days thereafter an election for mayor can be held. Within that 90 days, Trustee Mahowald will have to act as Mayor Pro- Tem, creating a second Trustee vacancy. If a third Trustee vacancy were to be created the quorum would be below its required number of members and therefore become invalid.

The BOT must decide by their meeting on June 7, 2022 whether to appoint a Trustee or hold a special election for the vacant position. With so many layers to the discussion to consider, Trustee Corvalan expressed a desire to find a solution immediately, and was met with agreement from Trustees Baumhover and Blakemore. However strong the desire to fill the vacancies quickly, things weren’t so cut and dried due to legal statutes pertaining to the mandated 90 day wait period after Mayor Taylor’s resignation.

In order for the BOT to consider expediently filling the Trustee vacancies, they must look at officially appointing the position; however, the BOT believes this decision would be unpopular with the community. In order for a special election to be held, the Trustee vacancy must first be officially created, then the public has 30 days to apply for the position. A special election only costs the town roughly $1000 to $1500.

Trustee Corvalan made a motion to return to the BOT Vacancy Discussion Item during Mayor Taylor’s presentation on the three minute response to public comment. Corvalan felt that they had yet to make any headway on the discussion and was hoping to come up with an actionable plan.

The BOT was split down the middle on whether they wanted to appoint a Trustee or to have a special election. Mayor Taylor and Fisher believe that there’s been a surge in public interest for running for public office and that they should honor that interest with a special election. Trustee Baumhover and Corvalan weren’t comfortable with holding a special election considering they already have the April 5 election results to show who the public approves for the vacant seat.

The conversation veered into what’s considered “fair” and whether or not previous candidates David Sites (167 votes) and Riley McCalister (142 votes) should be appointed the vacant seat, if they were willing. Mayor Taylor remained consistent that they could run again in a special election if they were interested.

Ultimately, the BOT decided to table the discussion until their next meeting on Tuesday, May 3. They stated that at that point they’ll be able to gauge if there’s any risk of a third Trustee vacancy and if Sites or McCalister are interested in the position.

The Nederland Board of Trustees meets on the first and third Tuesdays of the month. Their next scheduled meeting is on Tuesday, May 3, 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-oftrustees