John Scarffe, Nederland. The Nederland Board of Trustees approved an engagement with Solar Energy International (SEI) to facilitate a Solarize program in Nederland during a regular on-line meeting at 7 p.m. on Tuesday, October 20, 2020. The Board also discussed water and sewer base fees, the marijuana business moratorium and delegating authority for a lawsuit contact person.

Solarize Program

The Town of Nederland Sustainability Advisory Board (SAB) sought Board of Trustee approval of a resolution to pursue a project with SEI, a non-profit solar and renewable energy training organization based in Paonia, Colorado. SAB would like to facilitate a Solarize program in Nederland.

SEI’s Solarize program consists of the SAB issuing an RFP to solar installers, selecting solar installers and marketing the Solarize program to residents and businesses, who sign up. Solar arrays will be installed, and the Solarize program leverages competitive pricing and a tiered rebate system to reduce the costs of solar and encourage Nederland residents and businesses to sign up.

The project timeline will be two to three months with no cost to the Town for this program. Nederland Sustainability Coordinator Garret McDaniel said that through competitive pricing, the price per watt would be reduced, and they provide a tool kit.

Originally introduced as a discussion item, the Board approved making it an action item and approved moving ahead with the program. 

Water and Sewer Fees

Trustee Julian Taylor introduced proposed wording for the water and sewer base fee portion of the Nederland Municipal Code (NMC). To enact the new codes, the software used to bill users of the water and sewer systems may need to be upgraded or replaced. 

Adjustment in water and sewer rates will need to include an increment sufficient to pay for the new or upgraded software. The Town currently charges the same base rate regardless of the size of the tap. 

The code clearly allows for charging a higher base fee rate for taps larger than three-quaters of an inch but does not charge a higher base fee rate for larger taps, Taylor said. If a single large building having a single address requiring a large amount of water requires a four inches a tap, the Town must charge a higher base fee rate for that size tap. 

Taylor and Public Works Manager Chris Pelletier recommended a mixed solution wherein the base fees are raised slightly, and the usage fees are also raised slightly. The Town hired Raftelis to conduct a utility rates study. 

Pelletier said the Town is in the early stages of gathering data for the study, and Town Administrator Karen Gerrity said they hope to have something by early next year. 

Taylor proposed a reasonable adjustment to current base and usage fees while awaiting the recommendations from Raftelis. “I believe we are well within our purview to review and update our code wording so that Raftelis will be able to recommend rates against unambiguous code.”

Trustees said it looks like a great step to make usage fees more logical and standard but expressed concerns about changing code before the rate study is complete, and that they were very concerned about switching software. They asked if the current software could be used. 

Pelletier said he would have to look into that. It would take weeks and weeks to make the needed changes. 

Taylor said the next steps would include an action item on the new wording and proposed that the Board agree on wording without placing it in the code until after the study. Mayor Kristopher Larsen suggested that Taylor come back to the Board at the November 17 meeting and clean up the language. That would then be submitted to Raftelis. Larsen received a nod of four from the Trustees on that timeline and idea. 

Marijuana Moratorium Update 

At the special Board of Trustees meeting on August 11, 2020, the Board unanimously approved an emergency ordinance imposing a temporary moratorium on the submission, acceptance, processing and approval of any license application for all retail and medical marijuana establishments. Before the expiration of the temporary suspension imposed by this ordinance, Town Staff, working with the Town Attorney and Trustee Taylor, will be investigating, reviewing and analyzing 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 update.

Town staff needed to modify the proposed timeline that was presented to the Board at the August 17, 2020, meeting. In October 2020, staff will be meeting with identified stakeholders who have been selected to participate in a marijuana licensing review committee to discuss proposed changes to the NMC regarding limitations of the number of marijuana establishment licenses issued to businesses within Town borders and special restrictions that should be levied in addition to current State and County statutes regarding marijuana hospitality establishments. 

Town staff recommended that the Town tackle these two items separately and proposed that before the end of the moratorium on January 19, 2021, the limitations on the number of marijuana establishment licenses issued to businesses within Town borders be added to the municipal code. Given the newness and complexity of hospitality establishments, Town staff recommended that any additions to the NMC related to this business type be brought before the Board by April 2021, allowing for six months to work with the MMJ licensing review committee on this matter. 

Currently, hospitality establishments are not permitted under the NMC. In November 2020, the Town Attorney will present the proposed ordinance changes to the Trustees related to the limitations of the number of marijuana establishment licenses issued to businesses within Town borders to be added to the municipal code. 

Depending on the recommendations by the Trustees, additional changes may be made to the ordinance. The ordinance could be adopted by the second meeting in December, allowing for the 30 days noticing period to take place prior to the expiration of the marijuana moratorium. 

The Board agreed on tackling the number of dispensaries first and hospitality second but recommended putting a limitation on businesses and stop going back and forth.

Stintson Some R. Home, LLC et al. v. Town of Nederland

Town attorney Jennifer Madsen introduced a resolution related to delegation of authority to a member of the Board of Trustees to decide minor matters related to Stintson Some R. Home, LLC et al. v. Town of Nederland. The Town is a defendant in a lawsuit brought by certain property owners for an adjudication of rights in real property. 

During the defense of the Quiet Title Action, it may be necessary for the Town Attorney to consult with a member of the Board of Trustees related to day-to-day decisions on the Quiet Title Action.

The Board appointed Mayor Pro-Tem Jonathan Baumhover and Town Administrator Karen Gerrity as points of contact.

The next meeting of the Nederland Board of Trustees will be on November 10, 2020. Go to https://nederlandco.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=299.

(Originally published in the October 29, 2020, edition of The Mountain-Ear.)