The Nederland Board of Trustees (BOT) met on Tuesday, January 17, 2023, at 7 p.m. to come to an actionable solution regarding filling the vacant seat on their board. The BOT also heard an update from the Town regarding the Nederland Police Department (NPD).

Within their Consent Agenda the BOT approved Resolution 2023-07, which proclaims February as Black History Month. The official proclamation also includes an invitation extended by the Boulder County Branch of the National Association for the Advancement of Colored People (NAACP) for all to attend a performance by the Nashville African American Wind Symphony on February 19, during the annual Freedom Fund fundraising event at Macky Auditorium on the University of Colorado’s Boulder campus.

The BOT heard a presentation from Marketing Advisor Bob Krug on the Colorado Surplus Asset Fund Trust (CSAFE). The presentation included facts on their Cash Fund and Colorado Core Fund, as well as provided the comparisons and contrasts between the two funds.

Town Treasurer Rita Six was present and asked about a setup fee for investing with CSAFE, of which there is none, and asked about the rules of withdrawal, to which Krug assured that the Town would have access to its invested funds. Six specified to Trustees that there was no conceivable reason that the Town should not invest with CSAFE.

Krug offered to provide the BOT a list of nearby towns, counties, and cities that currently invest with CSAFE. Town staff and the BOT were generally in favor of investing with CSAFE, especially when hearing about the $45,000 of interest to be gained over one year on $1 million invested. If deciding to invest with CSAFE as opposed to its competitors, such as COLOTRUST, the Town of Nederland would need to decide how much they wish to invest and into which fund.

On January 3, Trustees interviewed John Mountain, the sole applicant for the open position on the BOT, made vacant by Karen Blakemore’s resignation on December 3, 2022. The motion to appoint Mountain was denied by a 2-2 tie vote at that meeting. The BOT were tasked on January 17 with deciding again if they still prefer to fill the vacancy by appointment, which would have to occur by February 1, 2023, or by a special election.

Mountain was present for the meeting and had stated separately to Trustee Jesse Seavers that he would apply again if the BOT opts to attempt to fill the seat by appointment. Mayor Pro-Tem Tom Mahowald asked for clarification on whether or not they could move the discussion to an action item and appoint Mountain immediately. Mayor Billy Giblin desired to take more applications and appoint from a bigger pool of choices.

Mahowald made a motion to approve the appointment of Mountain to the position of Trustee on the BOT; the motion was seconded and passed 4 - 1. Mountain will be sworn in on February 7.

Town Attorney Jennifer Madsen presented an action item regarding approval of Emergency Moratorium Ordinance 835, which concerns the suspension of processing land-use applications for properties in the Central Business District (CBD). This temporary suspension is meant to provide Town staff, the Planning Commission, and the BOT time to assess the implementation of potential new regulations to the Town zoning code in order to better reflect the Town’s goals for the CBD, as outlined in the 2013 Comprehensive Plan and in Envision 2030.

This suspension does not apply to business, liquor, and marijuana licenses, or to building permits, though it does apply to subdivision applications and special review use (SRU) permits. The suspension, if approved by at least 3/4 of the Board, would be effective immediately and would stay in effect until July 18, 2023.

This was brought to the Town’s attention by a property owner in the CBD who had run into issues in the zoning code when applying for a significant lot consolidation. Mayor Giblin specified that if the BOT approves the moratorium, the changes to the zoning code would need to be made expediently so that the moratorium could be lifted as quickly as possible.

The benefit to consolidation is that it allows the property owner to more easily tear down structures on multiple lots and rebuild as a differently zoned and regulated single property. Approving the moratorium is essentially the first step towards the complete restructuring of the CBD; next steps would include evaluating and making changes to the Town’s zoning code.

Trustees heard several comments from residents and property owners who were opposed to the moratorium as an emergency resolution, but were not necessarily against the concept of changing Town zoning code to coincide with Nederland’s future goals for the CBD. Property owners were mostly against the moratorium due to it affecting SRUs, many of which are currently under review with Town boards and commissions.

Those property owners who commented agreed that they were all caught completely by surprise, and some considered the moratorium a “breach of trust,” especially to those investing money in the town. The BOT agreed about being caught off guard by the moratorium, which was added to their official agenda only on the date of the meeting, Tuesday, January 17, and asked for clarification from Attorney Madsen on whether or not they could amend the moratorium to not affect land-use permits like SRUs.

Madsen confirmed that the BOT could amend the moratorium; however, some Trustees were not convinced that this matter should be considered an emergency. The BOT approved a motion to place the moratorium for five weeks, with the effect to SRUs and current applications amended out. The matter will be discussed on February 7, and will return as an action item on February 22.

The discussion item on the BOT’s agenda concerning making amendments to the Election Section of Nederland’s Municipal Code was moved to their Tuesday, February 21 meeting. The changes or additions are to Section 2-1, in order to “provide consistency with current election practices in Town”; Section 2-4, to “clarify the terms of office for trustee positions”; Section 2-5, to “allow for write-in candidates only if the person submits an affidavit of intent”; and Section 2-6, to “allow for cancellation of an election if the number of candidates is the same as the number of open positions.”

Parks Manager Nicki Dunn provided in her report updates on how her department is mending the relationship with CDOT, especially concerning the partnership in snow removal efforts. Dunn also addressed how the Town could assist in reaching out to RTD to assure their bus stops are getting properly plowed and shoveled.

In her Town Administrator’s Report, Miranda Fisher recognized Chris Caligaris of the Utilities Department for passing his Distributions 1 and Wastewater S class exams, earning all of his entry level certifications. Fisher also highlighted the Utilities Department for getting their damaged air pipe operational.

A new Community Planner for the Town of Nederland, Britt DeMinck, has been hired from within the Utilities Department. Also, Sustainability Coordinator Eryka Thorley has resigned; the Town has been recruiting for a replacement and has received 28 applications as of January 13.

There was an update on the NPD provided in the BOT’s agenda, which included a statement from Daniel Gledhill concerning his decision to decline the offered position of Town Marshal. Gledhill’s statement pointed to personal developments and considerations for his own well-being as reasons for denying the position.

The Town of Nederland is “currently evaluating next steps for the Town’s law enforcement plan.” The BOT held a closed Executive Session at 9:45 p.m. to discuss their options for law enforcement in Nederland. The Boulder County Sheriff’s Department will continue to provide nightly coverage and responses to priority calls.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, February 7, 2023, at 7 p.m. and can now be attended either online or in person at the Nederland Community Center. For more information: https:// townofnederland.colorado.gov/board-of-trustees.