John Scarffe, Nederland. The Nederland Board of Trustees approved pursuing grant funding to develop a Zero Waste Action Plan during a virtual, online meeting on Tuesday, July 21, 2020, at 7 p.m. The Board also appointed a new member to the Nederland Downtown Development Authority Board and discussed water and sewer rates during a three-and-a-half-hour meeting.

Nederland Sustainability Coordinator Garrett McDaniel introduced a discussion item regarding a resolution approving Nederland to pursue a grant from the Colorado Department of Health and Environment (CDPHE) to fund the development of a Zero Waste Action Plan. He said in 2020 the Board passed a waste hauler resolution to report waste hauling data to the County. 

A Zero Waste Action Plan strategically serves as a road map for how a community will develop a zero-waste plan in the coming years, according to the agenda information memorandum. “Currently, the Town of Nederland does not have a Zero Waste Action Plan.” 

This grant would fund a consultant to work with community stakeholders and write a Zero Waste Action Plan for the Town, according to the memo. With limited Town staff and volunteers, the Zero Waste Action Plan needs to be created, so that actions are clear, and these groups can focus on making an impact.

Due to its population, size and geographical location, Nederland has unique challenges that are unlike many Boulder County communities. “With involvement from the community, a Zero Waste Action Plan should be created that addresses the challenges and needs of Nederland,” the memo states. 

To create a Zero Waste Action Plan, Town staff and the Nederland Sustainability Advisory Board (SAB) will need to provide input to the plan. The CDPHE grant opportunity is open for two years, and it is feasible that the Town may apply for additional grant funding after a Zero Waste Action Plan has been completed, according to the memo. 

No match is required and no funds are required from the Town. McDaniel told the Board the Town needs a comprehensive analysis as to how they can improve on waste numbers and understand where waste is coming from, including outreach to restaurants, schools, reducing parking, and nonprofit help. 

A community driven plan could bring about zero waste solutions. The development needs to be community focused and adopted by the community. 

To get the grant, McDaniel said he would like to use a consultant and then can apply for additional waste plan implementation. He knows consultants such as one from Steamboat Springs who has been successful and specializes in the zero-waste sector. Applications start on August 10, and then they have additional opportunities after that.

Trustee Tania Corvalan said as part of the grant they should include compostable containers and education about how to make your own compost at home. Trustee Alan Apt said trying to help restaurants compost is a big item, and they need containers to help them do that. 

Trustee Eric Coombs Esmail said this is a course of action the Town needs to be taking and applauds the steps, but maybe they could come up with the steps without a consultant. McDaniel said it’s getting the community together and how we implement the plan. 

“We have to step back and find someone who has experience with mountain communities to develop this plan,” he said.

Mayor Kristopher Larsen said this could come back as an action item, and asked the Trustees if they should pursue this. Esmail said the Town should apply and include steps that can be done without a consultant.

The Board agreed to move this from a discussion item to an action item. McDaniel said, “I would want to see a plan supported by volunteers so when grants do come up, we could take advantage. The policy is fundamental, but we can’t forget the community if they don’t support it.” 

The Board approved a motion to proceed with the plan. The Board reversed a recommendation by the NDDA Board and appointed Karina Luscher to a vacancy on the NDDA Board. Mark Stringfellow’s term with the NDDA ended on June 30, 2020, according to the memo. The vacancy was originally posted on May 20, 2020, with a deadline to receive applications by June 10, 2020. 

Luscher submitted her application by the deadline. Because June 10, 2020, was the NDDA meeting, the NDDA Board felt they were not given enough time to review Luscher’s application and requested that the vacancy be reposted. Luscher did review with the NDDA why she was seeking to be appointed to the Board at the June 10 meeting. 

The vacancy was reposted on June 10, 2020. with a deadline of July 1 for applications. Ron Beetham applied by the second deadline. At the July 8, 2020, NDDA meeting, Beetham reviewed with the NDDA why he was seeking to be appointed to the Board. 

Luscher was unable to attend this meeting. The NDDA Board voted on which applicant they wanted to recommend to fill the vacancy. Beetham received four votes and Luscher received three votes, so the NDDA recommended Beetham. 

Both applicants discussed their qualifications with the Trustees. Luscher said that she and her husband  own the Clock Tower business in Nederland, including the Salto restaurant and Tin Shed Sports. Luscher joined the Mayor’s Vision 2020 task force and served for two years on the NDDA, before getting busy running two businesses. She enjoyed serving on the Board, and it is an interesting time to get back involved. 

Beetham said he has been in the area for 35 years. He has lived near Pactolus Lake and now has a farm in Boulder and property in Nederland. He is a physician and farmer by trade and is willing to put in the energy. He is looking for a way to get involved.

Trustees wondered if the NDDA had an explanation for the recommendation, and Town Clerk Miranda Fisher said it was a flat vote by paper and the votes were closed. Mayor Larsen said he didn’t know Town Boards could do secret votes. 

NDDA Executive Director Hope Jordan explained that usually the votes are on pieces of paper handed to the chair, and the chair tallies the votes. Trustees liked having a business person on the Board but found it hard to overturn the NDDA recommendation. 

The Board expressed concerns about why the NDDA Board opened back up the applications and said it comes across a little awkward. Trustee Alan Apt moved to appoint Luscher, and the Board approved it on a five to one vote with Coombs voting against it.

Trustee Corvalan and Trustee Coombs Esmail discussed revisions of Nederland Municipal Codes regarding water and sewer rates. According to current fees, any building with one or more uses will be assessed a base fee rate for each separate use on the property. 

Trustee Corvalan has identified this as a problem because it is creating an unfair basis for billing that isn’t really based on usage or wear and tear on the system or the cost to deliver or receive a gallon of water. Corvalan shared that per information obtained by the Utility Department, the second use charge is based on the potential for use, not the actual use. 

If a dwelling unit meets the secondary use conditions, it is categorized as a multiple dwelling unit and charged the corresponding number of base fees. Some homeowners have chosen to eliminate such conditions, for example removing the second kitchen from their dwelling to be removed from this multiple dwelling unit category and reduce their usage fees.

Corvalan said the Town should simplify the code and come up with a fair system that makes water affordable for residents, and then create a system for water used for lawns and irrigation. Coombs Esmail said they are open for anything that can make it more equitable and by cleaning it up, serve more purposes of strengthening water. 

Trustee Julian Taylor agreed in principal with both, but proposed that use has nothing to do with the base fee. Town staff cannot determine all the uses without going into houses. 

Trustee Apt suggested waiting for the wastewater rate study for something that encourages conservation, which is where they want to head. Some wordsmithing needs to be done here.

During an information item at the beginning of the meeting, Andrew Rheem and Hannah Palmer Dwore presented a Water and Wastewater Financial Plan, Plant Investment Fee and Rate Study Overview. Raftelis was selected to conduct a rate study for the Town’s Water and Wastewater services. 

In the 2020 Budget Process, the Board of Trustees approved funding for a Rate Study and Town Staff was able to secure Division of Local Affairs Funding to augment these funds. Town Administrator Karen Gerrity said to approve changing water rates in the Nederland Municipal Code, the Board would have a public process and community engagement but would have the power to change the fees and adjust the fee schedule for now by a resolution, and she wants to talk to the utilities team. She asked if the Board would want the Planning Commission involved in this to engage the community. 

The Board would need a subcommittee and would have to engage legal counsel that would draft an ordinance that would have to be passed. It’s a process that would involve research. 

Public Works Manager Chris Pelletier said he would like to provide information for the Board that wouldn’t be considered tonight. Larsen suggested bringing this back to the next meeting with impact on revenues and would like to have the Planning Commission look at proposals regarding changing the dwelling recommendation. 

He suggested this as a discussion item at the next meeting with staff input and financials on services and reaching out for legal implications while waiting. Gerrity said Pelletier can put together a document on the numbers and an agenda information item with staff recommendations and would like to think outside of the box before the rate study. She will look into legal steps.

In answer to a question from Larsen, staff said they have enough direction for the next meeting.

(Originally published in the July 30, 2020, print edition of The Mountain-Ear.)