I know this was asked and discussed before, but this is a hybrid scenario (not at all uncommon, though).
There's this (fixed) toolbar above the page, that contains a mix of navigation and actions - such as: link to home-page, dropdown of pages, dropdown of categories, search box, subscribe form, rss link, contact-form launcher, facebook like button, scroll-to-top arrow (javascript). Which it the better wrapper for the toolbar, <nav> or <menu>?