The Nederland Board of Trustees (BOT) met on Tuesday, July 11, 2023, at 7 p.m. to hear a presentation concerning the Nederland EcoPass Program and its proposal to extend the 1.85 mill property tax. They also discussed the results of a Compensation Study defining what exactly a competitive salary looks like for Town of Nederland employees.

The BOT approved the release of a Request for Proposal (RFP) for a consultant to work with the Town of Nederland on the Branding and Market Strategy Project. This consultant would assist in developing a brand identity and creative campaign for the Town, funded by $20,000 from the Tourism Management Grant awarded in April, 2023.

Trustees also approved appointing Madeline Wood to the Sustainability Advisory Board, which posted the vacancy on June 7 following Larry Tasaday’s resignation from the board on June 5. Wood has a Bachelor’s degree from the University of Vermont in Environmental Studies, with a focus on sustainability and a minor in Green Building and Community Design. She works in her professional career as a project coordinator and a sustainability manager, and is an Envision Sustainability Professional and a Sustainable Transport Professional.

Town Administrator Dr. Miranda Fisher led the Board in a discussion concerning a Compensation Study conducted by Employers Council. Jennifer Olson, consultant, and Kellie Kvan, HR Professional Services, were assigned to assist in developing updated job descriptions for Town staff and providing accurate salary comparisons.

After two and a half months working with the Town of Nederland, Employers Council presented the results of the study. A certification chart to create a professional development plan for Public Works was provided, and recommended pay ranges were offered that indicated the Town is paying its staff below what is considered a competitive wage in Colorado.

The study, looking at the adjusted percentage difference of cost of labor in Nederland versus the state of Colorado, found that Colorado wages are overall lower and that Nederland’s municipal employees should be earning up to 3% more than the Colorado average.

However, when compared to the market rate, the 50th percentile (the midpoint to which the minimum and maximum wages are measured), Town staff is being paid below the minimum rate.

Olson provided a list of salary adjustments for Town staff based on the first step of bridging the total $209,487.14 gap between current Nederland pay rates and the minimum standard according to job descriptions, the Colorado average, and the cost of living in the Peak to Peak area.

The recommendations from the compensation study indicate that the goal of immediately raising salaries to the minimum level would increase retention and be a step toward Nederland becoming competitive in the market. The study results also recommend reviewing employee wages annually or when determined by the market, and to make adjustments accordingly.

Town Treasurer Rita Six also provided a proposed supplemental budget for the BOT’s review that includes immediate increases for employees who require $10,000 or less to get to the recommended minimum, as well as an immediate 50% increase for those who need more than $10,000 to reach minimum, with the remaining 50% to be budgeted in 2024.

If the supplemental budget for staff salaries were to be approved, the immediate financial impact to the 2023 budget would be $128,808.33. Fund balances would barely be affected, save for an $83,830 decrease in the general fund, and a $16,643 decrease in the Community Center Fund. The financial impact to the 2024 budget, which has yet to be drafted and approved, will amount to $80,678.81.

Fisher recommends that the Town’s departments operate on a minimal budget in 2024, and for no new capital improvement projects to begin in 2024, in order to allow for current projects in development to be completed, and for the Town to “work on evaluating how to increase revenue.”

Every one of the Town of Nederland’s department heads were present to support one another, as every member of Town staff agreed to compromise with the draft supplemental budget in order for the entire municipal team to benefit. Fisher added that the employees are some of Nederland’s greatest assets and noted that their increase in compensation can be accomplished in 2023 because of the Town’s substantial $5.2 million reserves.

Trustees were unanimously in favor of raising Town staff wages and were eager to begin discussing how the Town can work with organizations like the Nederland Downtown Development Authority and the Chamber of Commerce in focusing on revenue building initiatives.

The supplemental budget will return to the Board’s Agenda on Tuesday, August 1.

On June 20, a protest hearing was held at the Nederland Community Center concerning property owner Ron Mitchell’s challenge of the referendum petition to repeal the BOT’s decision to approve Ordinance 837, rezoning 100 1st Street from High Density Residential to Central Business District.

Hearing Officer Karen Goldman heard from Mitchell’s legal counsel about the six grounds for protest listed against the petition circulators. After the two-hour hearing and five calendar days for consideration, Goldman delivered her final determination to Town Clerk Macy Caligaris on June 26, which concluded that the referendum petition was sufficient despite “minor technical errors.”

The BOT is tasked with deciding whether to repeal Ordinance 837 or to hold a public election, which would have to take place between July 10 and October 6. They were scheduled to discuss the matter during the July 11 meeting. Trustees decided not to discuss the matter because of the receipt of a letter from Mitchell’s counsel, Matthew Giacomini from the law firm of Springer & Steinberg.

The letter informed Trustees of the “active case of Plaintiff Mitchell versus Defendants Caligaris and Goldman” that was filed in Boulder District Court on July 7, 2023, which has Mitchell seeking a review of Goldman’s final determination that the referendum petition is sufficient.

The letter reads:

“It is my understanding that the Nederland Board of Trustees is scheduled to address the referendum petition at its next regular meeting on July 11, 2023. In view of the case now before the Boulder District Court, I write to request that the Town of Nederland, including the Board of Trustees, the Town Administrator, and the Town Attorney, hold this matter in abeyance until the resolution of the Boulder District Court matter.”

Town Attorney Jennifer Madsen provided Trustees with the option of holding their decision concerning Ordinance 837 until a Boulder District Court judge reaches a decision regarding the petition’s sufficiency. The BOT agreed to hold off making a decision on the matter.

Alex Hyde-Wright, Regional Multimodal Planning Division Manager with the Boulder County Transportation Planning Division, presented information about the Nederland EcoPass Public Improvement District tax extension.

The question was whether to recommend that the Boulder County Board of Commissioners (BCBOC) refer a ballot measure to Boulder County voters as part of the November 2023 general election, asking them to extend the existing 1.85 mill property tax, which pays for the EcoPass program, for a term of ten years. The ballot question would also permit the district to offer an EcoPass program to non-resident employees of the district, and to charge fees to support the funding of resident and non-resident employee EcoPass programs.

A resident survey held in June received 401 responses, evenly split between residents of the district living in Nederland, and residents of the district living in unincorporated Boulder County. The survey reached residents through postcards, websites, and social media.

85% of the responses were in support of the 1.85 mill property tax extension, with the majority vote of 37% in favor of a ten-year term, just ahead of 35% in favor of an unlimited term. 29%, the majority, were in favor of offering EcoPass programs to non-resident employees, and 60% were in favor of charging an annual fee of up to $200 for non-resident employees.

A motion was made to recommend that the BCBOC, sitting as the Board of Directors for the Nederland EcoPass Public Improvement District, refer the November 2023 General Election ballot measure asking voters to extend the existing 1.85 mill property tax for a term of 10 years from 2024-2033, and permitting the District to offer an EcoPass program to non-resident employees who work in the District.

Trustees did not support charging resident employees fees for EcoPass. The motion was approved unanimously.

The Board voted on Resolution 2023-31, which authorizes a water connection variance and a cistern variance under Nederland Municipal Code (NMC) Section 13-53 at 974 North Peak to Peak Highway, where a home is being constructed by Earthbuilt Associates. The closest water main to the property is 500 feet away on Ute Street, financially infeasible for the applicant to connect to. The applicant would like to install a well instead.

The applicant is also requesting to build two cisterns in addition to the well on the property, which complies with the International Fire Code. One cistern, required by the Nederland Fire Protection District, would be used for emergency water supply only, with the second cistern used to help with water pressure for the well. The BOT approved Resolution 2023-31.

Trustees then voted on Ordinance 846, amending Section 15-27, which states “the petition for special annexation election shall be signed by at least 30 registered electors of the Town of Nederland and submitted to the Town Clerk within thirty 30 days after the publication of the annexation ordinance.”

The recommendation was to amend Section 15-27 to state that any annexation larger than ten acres, or that requires a change of zoning based on adjacent properties, will automatically trigger a special election. The amendment quells what has been the most debated subject by the public concerning Ordinance 834, the document that regulates annexation, by allowing for a vote of the electorate in order to better assess community opinion on an annexation application.

On June 6, the Board approved amending Section 15-27, stating that any annexation larger than ten acres will automatically trigger a special election, as well as approving an agreement that the applicant for the annexation should be responsible for the cost of the special election, which can cost between $3,000 and $5,000.

A map of the annexation process was provided within the Agenda packet, which providing a timeline of how an annexation application will be reviewed. The process begins with an annexation petition referral to the BOT, after which the Board then determines the referral’s compliance and sets a hearing date. That hearing date must be set between 30 days and 60 days after the effective date of compliance.

In the time between setting the hearing date and the review of the annexation application by the Planning Commission, the Town Clerk sends copies of the published notice, the annexation petition, and the resolution initiating the annexation procedure by certified mail, and also posts a public hearing notice.

Town then provides the petitioner a draft annexation agreement and an impact report is filed at least 20 days before the date of the public hearing. The petitioner must post a sign at least 14 days prior to that date, at least 36 by 48 inches in size, that notifies the public of the eligibility hearing date.

After review by the Planning Commission and the completion of the public hearing, the BOT gives their final determination on the petition. If deemed sufficient, the petition for special annexation election shall be signed by at least 30 registered Town of Nederland electors and submitted to the Town Clerk within 30 days after the publication of the annexation ordinance.

The final draft for the revised Section 15-27 specifies that a public vote on an annexation is required except when the property in question is owned by the Town, the property is already entirely surrounded by Nederland property, when the property is less than ten acres, or if the proposed zoning of the property is not an increase in density, or if the proposed rezoning of the property is to a zoning other than residential or public.

Trustees were mostly in agreement that the final revision to Section 15-27 of Ordinance 834 was the best compromise between the Town and potential annexation applicants. A motion was passed to approve Ordinance 846, amending Section 15-27.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, July 18, 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.