The Nederland Board of Trustees (BOT) met on Tuesday, September 6, 2022, at 7 p.m. to swear in a new Trustee to the Board and to swear in Nederland’s new Mayor. Trustees were also scheduled to address the vacant seat that still exists on their Board.

The official abstract of votes from the August 23 special election was posted by Nederland Town Hall on September 2. Mayoral candidate Billy Giblin received 258 votes while the eligible seat on the BOT goes to Jesse Seavers with 217 votes.

The BOT held an orientation presentation to review the rules and responsibilities of a town’s BOT at 6 p.m. before the start of the September 6 meeting. Town Clerk Macy Caligaris then swore in Billy Giblin as Nederland’s Mayor and swore in Jesse Seavers to the Board.

The new BOT were tasked with giving their final approval on the ballot language for tax initiatives that will be presented as questions on the November 8 election ballot. The Town of Nederland is proposing a 1% sales tax increase, a 5% Special Retail Marijuana Sales Tax, and a $2 per room per day Occupational Tax increase on Short Term Rentals (STR).

The sales tax increase would raise Nederland’s sales tax from 4.0% to 5.0% and would result in an additional estimated $625,000 in annual revenue. The ballot language specifies the revenue as being for law enforcement services, personnel to support public safety, equipment and facilities to support public safety, and personnel to support other Town services.

The 5% special retail marijuana sales tax would provide an estimated $160,000 in annual revenue to the Town. The BOT had to decide whether the revenue should go into the Town’s General Fund or be earmarked for the Parks department.

The additional $2 STR Occupational Tax would raise the charge to $4 per room per night and would provide an estimated $45,000 in annual revenue to the Town. The ballot language specifies the revenue as being for Health and Human Services programs and activities and for law enforcement services.

Trustee Tania Corvalan expressed worry that the 1% sales tax increase would not pass in November and suggested lowering the amount of the proposed increase to 0.7%. Trustee Karen Blakemore, having spoken with and read correspondence from local business owners, suggested lowering the proposed increase to the sales tax to 0.25%.

Trustee Eric Coombs-Esmail felt that the ballot language for the proposed sales tax increase, in terms of specifying how the revenue would be allotted, was problematic as a result of the future of the Nederland Police Department (NPD) still being undecided. Coombs- Esmail suggested leaving the question of increasing Nederland’s sales tax off of the November 8 ballot.

Trustees were mostly in agreement that the proposed 5% special retail marijuana sales tax revenue should be earmarked for the Town’s Parks department. Blakemore felt, due to the downturn in the retail marijuana industry, that the question of instituting a marijuana sales tax should be stated either as an increase of 2.5% rather than 5%, or should not be included on the ballot at all.

The BOT approved the ballot language for a 0.25% sales tax increase, a 5% special retail marijuana sales tax with the revenue earmarked for the Parks department, and a $2.00 STR occupational tax. These questions on the proposed tax initiatives will be on the November 8 election ballot.

Town Administrator Miranda Fisher proposed to the BOT a continuation request for the public hearing on the 2022 Supplemental Budget that was scheduled for Tuesday, September 6. Fisher and Town Staff require time to cement the language and financials in the supplemental budget and would like Tuesday, September 20 to be the date for the public hearing. The requested funds would be utilized for salary increases and bonuses for Town Staff, as well as pay for needed capital improvement plans.

The BOT approved September 20 as the date for the public hearing on the 2022 Supplemental Budget.

Nederland Food Pantry (NFP) Executive Director Nicole Cavalino presented to the BOT a concept for a relocation project, proposing to relocate the NFP from the West Wing of the Nederland Community Center (NCC) to the Southwest parking lot, where they will build a new facility. The NFP expects to pay for the facility through grants and individual donations and requests support from the Town of Nederland when pursuing these grants.

The NFP, which has been in operation since 1986, serves 12,000 people across the Peak-to-Peak region, receiving and distributing food donations of 2,000 to 3,500 pounds every month. Their services include food distribution to the community in need, maintaining community and food pantry gardens, storing Nederland’s emergency food supply, and operating their Clothing Closet donation center.

The NCC’s West Wing, being without heat, bathrooms, office space, fire alarms, or sprinkler systems, is currently unsuitable for the NFP’s needs. NCC Manager Dawn Baumhover noted that the plan for the West Wing is for a complete overhaul and that it was meant for storage, not as a base of operations for such an impactful community institution.

Cavalino stated that the proposed facility, as it is currently planned from a preliminary design standpoint, would be a 2,500-square foot steel building at two stories tall and would be completely ADA compliant. The facility is expected to cost anywhere from $1.5 million to $2 million. Cavalino expects that the NFP, as a non-profit human services organization, would qualify for funding from opportunities such as Boulder County’s Worthy Cause pool funding.

The BOT stated their support for the NFP to continue planning and pursuing funding for their relocation project.

Fisher led the BOT in a discussion about the current progress of the NPD’s recent recruitment efforts. Officers from the Boulder County Sheriff’s Office (BCSO) continue to fill extra duty shifts while the Town of Nederland has previously stated that they are looking to hire an interim Marshal to take over for Marshal Jennifer Fine-Loven, whose last day of service will be on September 30.

Fisher detailed to the BOT that they have recently received about 20 applications for Police Officer and Sergeant positions. However, new officers cannot be hired without a Marshal in place on the NPD. Town Staff have been basing their recruitment efforts for a Town Marshal on internal referrals and requires the BOT to provide guidance on whether or not to publicly post the open position.

Town Staff also required guidance on whether or not to pursue a full-time Marshal or an interim Marshal who would help stabilize the NPD through the recruitment and training process. Pursuing a contract with BCSO for full-time police coverage in Nederland is also still an option, should the BOT urge Town Staff to pursue it.

Blakemore stated a concern for public safety in reference to the limited coverage currently being provided by BCSO. Fisher noted that BCSO still covers “priority one” calls even when there aren’t any BCSO officers assigned to extra-duty shifts. Non-emergency calls will continue to be fielded by NPD, or in some cases by Fisher.

Trustees came to a stalemate when attempting to decide whether to direct Town Staff to continue recruitment efforts for a full-time and/or an interim Marshal, or to pursue a full-time contract with BCSO. Three Trustees wished to pursue contracting with BCSO, despite it taking an estimated six months for them to provide Nederland with full coverage. Three Trustees wished for Town Staff to continue recruitment efforts for a new Marshal, whether full-time or interim, until BCSO could provide an actual contract proposal.

The BOT continued to reach threeto three ties when Trustees made a motion to extend the meeting and again when attempting to adjourn the meeting. The meeting was adjourned shortly after 10:00 p.m. but several Discussion Items remained on their agenda.

The BOT, after the addition of Trustee Jesse Seavers, is currently a Board of six (including Mayor Giblin) and is still one seat short of being a full Board because of former Trustee Jonathan Baumhover’s resignation on August 7. The BOT must decide by October 7 how they wish to fill the vacant seat, either by appointment or by another special election. If the BOT desires to appoint the position, Town Staff recommend using an application process.

With Mayor Giblin having taken his Oath of Office, vacancies on the Planning Commission and on the Board of Zoning Adjustment were created. Applications for these vacancies will be accepted from Wednesday, September 7 through Wednesday, September 28.

The BOT meets the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, September 20, 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/boardof trustees