The Nederland Board of Trustees (BOT) met on Tuesday, December 19, 2023, at 7 p.m. to hear a final update on the Housing Needs Assessment. The BOT also voted on changes to Town code involving Nederland’s electoral process and Trustee term limits.

Trustees first discussed an amendment of the employment agreement with Town Administrator Miranda Fisher. The contract revisions included necessary updates regarding Fisher’s term as administrator, and also changed language pertaining to “termination” to the more appropriate term “separation.”

A provision to Section IV(a), specifying when separation may occur, was added to state that separation may occur when “a majority of the BOT votes not to reappoint Fisher as is required by Colorado following a regular Town election.”

Section IV(e) was another new addition covering the possibility of Fisher’s separation through BOT vote.

The draft language states: “In the event that Fisher is separated pursuant to Section IV(a)(5), and provided that Fisher is willing and able to perform her duties under this Agreement, the Town shall pay to Fisher “Special Severance Compensation” in the form of a lump sum cash payment equal to the total of six months aggregate salary, all accrued, unused PTO leave, and two months of health insurance premiums under the insurance policy in force at the time of such separation.”

Fisher’s stated salary in the employment agreement was increased from $75,000 to $126,400.

An Executive Session was tentatively planned for January 2, 2024, to allow more time for review and finalization of the amended contract. If Fisher does not object to any of the revisions the matter would go directly to a Consent Item to be approved during the regular meeting on January 2.

A motion to continue the matter to the January 2 Consent Agenda was made, seconded, and approved unanimously.

Due to the resignation of former Trustee John Mountain, the BOT was tasked with appointing a new liaison to the Board of Zoning Adjustment (BZA), to serve on that board until the end of their Trustee term.

Trustees approved Resolution 2023-47, appointing Trustee Eric Coombs-Esmail to the role of liaison to the BZA.

Derrick Webb from Bohannan Huston Inc. led the Board in a final presentation concerning the Housing Needs Assessment, conducted by Town staff and Bohannan Huston Inc. The assessment was part of the Department of Local Affairs’ Housing Planning Program Grant, and helped to yield recommendations for changes to the Nederland Municipal Code (NMC).

Four changes to NMC were proposed, including allowing Town staff to approve up to a 15% administrative variance to yard and bulk requirements, allowing for a 50% variance to yard and bulk requirements for deed restricted affordable housing, allowing Accessory Dwelling Units to be constructed before the completion of a primary residence, and amending the Use Group Table to specify which residential zoning districts will allow the development of alternative housing types, such as tiny homes and triplexes.

The Planning Commission reviewed and recommended all four changes to NMC, and the BOT voted to approve all four ordinances on December 5, 2023. The completion of the assessment and the implementation of one code change were required in order for the Town to be eligible for the Affordable Housing Development Incentives Grant Program.

Webb discussed other programs that Nederland could take part in, as well as policies that the Town could consider in order to further incentivize housing development. Such incentives include a density bonus that could be awarded to developers who maximize lot usage for the creation of truly affordable housing units in addition to market-rate units.

Trustee Tania Corvalan addressed a matter that has been mentioned by members of the public in letters to the Board, concerning language in the new ordinances that refer to a 20-year time limit on requiring housing to be “affordable.” Mayor Pro Tem Tom Mahowald, who claimed responsibility for adding the language in question, stated that he chose the time limit based on the average length of time people own their homes and on precedent set by the Town’s municipal neighbors.

Fisher responded to the issue of the 20-year limit, stating that due to the Town’s commitments to creating housing, compromises need to be made in order not to dissuade developers from investing in Nederland.

Corvalan added her belief that 20 years is not a long enough period of time to be considered a reasonable success in creating truly affordable housing. Webb noted that only non-profit organizations like Habitat For Humanity can guarantee housing to consistently remain affordable.

The BOT’s first discussion item concerned the 2024 Town Budget and Fee Schedule. After having previously discussed the budget on October 24 and November 7, 21, and 28, Fisher and Town Treasurer Rita Six introduced the 2024 budget to Trustees for one last review before it goes to final vote on January 2, 2024.

Fisher broke down for Trustees the expenditures and estimated revenue expected to come from Boulder County Sheriff’s Office (BCSO). With Nederland still not staffed with dedicated BCSO deputies, the Town expects to continue paying for extra duty shifts of up to 15 shifts a month for at least eight months, totaling $61,200.

The Town of Nederland expects to collect up to $118,800 in revenue from speeding tickets issued by BCSO. Estimates within the budget were made conservatively, according to Fisher; each BCSO officer was estimated to be responsible for handing out eight speeding tickets per shift. At 15 shifts a month that equates to 120 speeding tickets per month; for six months it equates to 720 tickets at $165 each, totaling $118,800.

There was also discussion concerning a suggestion from Town Staff to amend Nederland’s current contract with BCSO to include animal control, which would cost the Town a projected $23,651 for 2024. With animal control contracted through BCSO, regular officers would also be able to respond immediately to issues and resident complaints, and would handle further investigations as well.

Trustees debated whether they each believed that the current nature of animal-based complaints by Nederland residents, mainly reports of loose and aggressive dogs, constituted a big enough safety hazard to justify the yearly cost to the Town.

Fisher added that residents prefer their calls to be answered expediently and that the complexity of certain issues and the time required to resolve them should be managed by law enforcement as opposed to Town Staff.

Town staff also suggested, to be added to the 2024 budget, the Sustainability Advisory Board desire to use $6,500 from their Zero Waste funds for the Town of Nederland to participate in an EV car-share program. Since the program would require use of one of the Town’s EV chargers, the 2024 estimated revenue from EV chargers would be cut in half, from $116,800 to $58,400.

Additionally, due to a miscommunication between the Town of Nederland and Xcel Energy, the level 3 EV chargers bought by the Town with grant funds will most likely not be installed in 2024. The electrical system installed by Xcel Energy does not have the capacity to handle level 3 EV chargers, and Xcel will not be able to upgrade the system for nine to 12 months.

The Board approved budgeting for the potential of an EV car-share and adjusting for a loss of $58,400 in revenue, and also approved budgeting for an amendment to the Town’s contract with BCSO to include animal control, which is a $23,651 expense.

Trustees have until January 9, 2024, to approve the 2024 Town Budget, though the current goal is to approve the budget by their next scheduled meeting on Tuesday, January 2, 2024.

The BOT was tasked with voting on Resolution 2023-52, officially designating a mail-in ballot election, as well as designating Town Clerk Macy Caligaris as the election official for the April 2, 2024, municipal election.

Mayor Billy Giblin and Trustees Coombs-Esmail, Jesse Seavers, and Nicole Sterling all have their terms ending in April. Nomination petitions for the Trustee and Mayoral positions will be released Tuesday, January 2, 2024, with a deadline of 5 p.m. on Monday, January 22.

Affidavits of Intent for those who desire to be a write-in candidate must be filed with Caligaris at Town Hall by Monday, January 29. Written requests for an absentee ballot are being accepted from Wednesday, January 3, to Friday, March 29.

Some Trustees voiced their opposition to the inclusion of language in Nederland’s election code pertaining to affidavits of intent for write-in candidates.

Additionally, there is a vacant seat on the Board for which the Town is currently accepting applications for appointment. Applications will be accepted until January 12, 2024, with potential appointees expected to attend a special orientation meeting on January 9 and to be interviewed by Trustees on January 16. The appointee’s term would also end in April, 2024, and therefore any appointee would also be expected to run for a full term in the April 2 election.

The Board approved Resolution 2023-52, approving a mail-in ballot and designating Caligaris as the election official for the April 2 election.

Town Attorney Jennifer Madsen presented to the BOT a discussion on Ordinance 840, which would amend Nederland Municipal Code (NMC) Sections 2-1 and 2-4 to clarify language regarding municipal elections and Trustee term limits. Madsen provided a revised ordinance to include language, provided by Corvalan, pertaining to the BOT being able to retain a full board even during special circumstances pertaining to an election.

The newly created amendment to NMC, Section 2-5, covers when a Trustee vacancy creates the need for an election.

The amendment reads: “If a trustee vacates the position upon being elected and taking the oath of office for the mayor office, resulting in a vacancy for the trustee office, the BOT shall fill that vacancy by appointing the candidate from the same election who received the highest number of votes and was not elected to an open trustee position. This appointment process is only mandatory if the difference between (a) the votes cast for the candidate elected to a trustee position with the lowest number of votes and (b) the votes for the candidate not elected to a trustee position with the next highest number of votes in the election is equal to or less than 10%.”

There was discussion about the recommended percentage window of 10% for the next highest number of votes, with some trustees believing the percentage should be higher to assure that the candidates most favored by community vote are being chosen in the event of an election-based vacancy being created on the Board.

A comment from a member of the public led the Board to reassess the language in Section 2-5 and determine whether it was necessary, considering the BOT currently has the choice of appointing any non-elected candidate from a regular election to fill a vacancy rather than holding a special election.

A motion was made to approve Ordinance 840 with an amendment to Section 2-5, removing language pertaining to the mandatory appointment process when the difference of “the votes for the candidate not elected to a Trustee position with the next highest number of votes in the election is equal to or less than 10%.”

Madsen replaced the language to state that an appointment process is mandatory when the difference of the votes “is equal to or less than 15% of the total votes cast for the candidate elected to a Trustee position with the lowest number of votes.”

The motion was seconded and approved by a 5-1 vote.

Trustees reviewed amendments made to the Town of Nederland Employee Handbook, which had been drafted by Town staff, including all of the Town department heads and Madsen.

The amendments include changing the definition of “full-time” and “part-time” hours worked per pay period, removing any language pertaining to the existence of a Nederland Police Department, increasing the amount of holiday pay, adding Juneteenth and Indigenous People’s Day as observed holidays, and recognizing Christmas and New Years Eve as a full day off for Town employees.

Legally required additions to the handbook include updates to sections referring to Equal Employment Opportunity and Harassment and Sexual Harassment, as well as adding sections on Wage Disclosure Protection, to comply with the Equal Pay for Equal Work Act; and in the purchasing policy, to comply with the state of Colorado on digital accessibility.

The amendments to the employee handbook also included changing the weekly hours of Town’s administrative employees who work within Town Hall to four days a week, 10 hours a day. Town staff’s shifts will be staggered to assure that Town Hall remains open five days a week. Town Hall’s operating hours were also changed to be open from 9 a.m. to 6 p.m. Monday through Friday.

Trustees voted to approve Resolution 2023-51, authorizing the amendments to the Town of Nederland Employee Handbook.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, January 2, 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/boardoftrustees.