John Scarffe, Nederland. The Nederland Board of Trustees discussed the next steps regarding opting out of marijuana hospitality establishments during a regular on-line meeting at 7 p.m. on Tuesday, March 2, 2021. The Board also discussed a Utilities Rate Study Update by Rafetlis and work sessions for building code updates.

Hospitality Establishments

Town Clerk Miranda Fisher presented the next step regarding opting out of marijuana establishments. At the special Board meeting on August 11, 2020, the Marijuana Ordinance Review Committee was formed to investigate, review and analyze potential new Town regulations for marijuana-related businesses that are designed to limit the concentration or number of marijuana businesses within the Town, according to the agenda information memorandum.

On December 15, 2020, the Board passed an ordinance limiting the number of retail and medical marijuana stores to four locations. Following the adoption of the ordinance, the committee met to discuss marijuana hospitality establishments, which include mobile hospitality establishments and retail marijuana hospitality and sales establishment licenses. 

The committee considered three options: opting in to allow marijuana hospitality establishments licenses, maintaining the status quo and taking no formal action of opting in or out at this time or to opt out and formally state through resolution that marijuana hospitality establishments are not permitted in Nederland. 

The committee voted four in favor of opting out and two in favor of maintaining the status quo. The committee’s recommendations were reviewed with the Trustees at the February 16, 2021, meeting, and the Board agreed to bring the draft resolution back to the March 2, 2021 meeting for approval. 

The Board received one public comment in favor of the ordinance and one against. Board members expressed concern about naïve users who have a few beers and smoke marijuana and will create a problem with youth, and safety concerns for users and employees. 

The Board approved the ordinance to opt out of marijuana hospitality establishments.

Utility Rate Updates

Raftelis presented utility updates with information and recommendations for wastewater and water billing rates that dovetail with a rate study with rate changes to ensure Nederland is sustainable. A Master Infrastructure Plan (MIP) utility update was completed in February of 2021, according to the memo. 

“The MIP is an important planning document that helps guide future planning for utility upgrades and expansions. These projects are quantified and listed in a Capital Improvement Project (CIP) budget and projected out over time to help prepare for future financial needs,” according to the memo. 

As part of the MIP, a rate study is to be performed to align future capital projects with a financial plan. Raftelis proposed several rates and planning scenarios for the Board to consider for setting rates appropriately that sufficiently support the future needs of Nederland’s utility system. 

Staff recommended providing Raftelis direction for setting utility rates to bring back to a future meeting for adoption. Mayor Kristopher Larsen said Raftelis has given them a lot to chew on and he is glad they have alternatives, and he is looking forward to the next piece coming together.

Board members said that whatever they can do to drive costs down and incentivize water conservation is their preferred approach. Larsen said Raftelis representatives received direction from the Board. The next steps now are to look at creative ways to address the BOT’s concerns.

Building Code Updates

SAFEbuilt and the 2018 Building Code Administrative Committee presented an overview of the changes between the 2012 code and 2018 code. To ensure that they receive public feedback on the proposed 2018 building code updates, the administrative committee plans to host several meetings in March with a possible public hearing and ordinance adoption by the Board of Trustees in April or May of 2021.

The ordinance goes into effect dependent on when the Board adopts the ordinance. Currently, the Town is adhering to the 2012 building codes, for all but the National Electrical Code (NEC) standards which change more regularly due to State adoptions. 

“It is important that the Town adopt the 2018 building codes to ensure that the Town is in compliance with the most current standards,” according to the memo. 

Mayor Larsen said the Board should schedule a work session in early April before bringing it as a public hearing. Board members said it’s a paradigm shift and this is the least they can do to protect the town.

(Originally published in the March 11, 2021, edition of The Mountain-Ear.)