HomeMy WebLinkAbout5 - Recommendation to City Council regarding an ordinance approving an Intergovernmental Agreement (IGA) with the Town of Nederland
CITY OF BOULDER
WATER RESOURCES ADVISORY BOARD
AGENDA ITEM
MEETING DATE: August 17, 2009
AGENDA TITLE: Recommendation to City Council regarding an ordinance approving
an Intergovernmental Agreement with the Town of Nederland concerning city
financial participation in improvements to Nederland's wastewater treatment
facility at Barker Reservoir
PRESENTERS: Ned Williams, Director of Public Works for Utilities
Carol Ellinghouse, Water Resources Coordinator
Bret Linenfelser, Water Quality Coordinator
EXECUTIVE SUMMARY:
On Sept. 1, 2009, City Council will be asked to approve an ordinance (Attachment A) to
implement an Intergovernmental Agreement (Exhibit A to Attachment A) between the City of
Boulder and the Town of Nederland regarding improvements to Nederland's wastewater
treatment facility (WWTF) at Barker Reservoir. On Nov. 25, 2008, Council approved a motion
to authorize the City Manager to develop an Intergovernmental Agreement (IGA) to allow
Boulder to provide a financial contribution for the construction of Nederland's new WWTF
based on benefits to Boulder's drinking water supply stored in Barker Reservoir. The Town of
Nederland Board of Trustees will consider approval of the IGA on Aug. 11, 2009 and staff will
provide the results of the Trustee vote to WRAB at its Aug, 17, 2009 meeting.
Nederland's need to improve its WWTF in order to meet the regulatory standards of the
Colorado Department of Public Health and Environment (CDPHE) within its new discharge
permit presents an opportunity to upgrade a WWTF that has been a source of concern for
Boulder's drinking water supply. Although even the most basic improvements that Nederland
will need to make to meet permitting requirements would provide a significant improvement in
its WWTF effluent quality, both Nederland and Boulder would like to pursue a more enhanced
treatment technology than what is required to meet current regulatory standards. This enhanced
technology will enable the WWTF to further decrease contaminant levels in order to protect
Barker Reservoir water quality.
Council authorized an IGA providing for a $270,000 one time contribution plus an additional
$100,000 one time contribution if a second equalization tank is needed and an annual
contribution of up to $17,300 for operation and maintenance expenses for up to ten years. The
contributions were contingent on Boulder's approval of the WWTF design and Nederland's
implementation of education programs on water conservation and phosphorus use for town
residents. The attached IGA has been negotiated with Nederland based on Council's direction.
AGENDA ITEM # 5 PAGE 1_
STAFF RECOMMENDATION:
Suggested Motion Language:
Staff requests WRAB consideration of this matter and action in the form of the
following motion:
Motion that WRAB recommend to City Council approval of an ordinance to implement
an Intergovernmental Agreement between the City of Boulder and the Town of
Nederland regarding improvements to Nederland's wastewater treatment facility at
Barker Reservoir in the form of the attachment to this agenda item.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS:
• Economic: For Nederland, in addition to the need to meet new wastewater discharge limits,
Nederland has also explored ways to improve the visual aesthetics of the existing WWTF
lagoons at the west end of Barker Reservoir in order to enhance the development potential of
this desirable, water-front area. The option for treatment process upgrades that is being
pursued would result in the entire WWTF being located within a totally enclosed building at
the existing location of the lagoons. Construction of the new Nederland WWTF is expected
to begin in early 2010 and be completed by mid to late 2011.
A financial contribution by Boulder will provide for a more pro-active approach to managing
nutrients, pathogens and micro-pollutants in its Barker Reservoir drinking water supply by
minimizing the level of contaminants, which may result in reducing water treatment costs
over the long-term.
• Environmental: Nederland will be required to upgrade its existing WWTF to meet expected
requirements of its new wastewater discharge permit, anticipated to be issued in 2009 by the
Colorado Department of Public Health and Environment (CDPHE). The new standards
might be met if Nederland was to upgrade the existing WWTF lagoons, but Nederland has
proposed constructing a more advanced treatment system called a sequencing batch reactor
(SBR). If these more extensive improvements were made to the Nederland WWTF beyond
the minimum required for meeting discharge limits, water quality in Barker Reservoir may be
protected to a greater degree and Boulder's drinking water treatment processes would not
have to remove as many pollutants or contaminants.
• Social: An agreement with Nederland to supplement funding of its WWTF improvements
would further intergovernmental cooperation with a neighboring community and may
decrease the risk to Boulder's drinking water supply.
OTHER IMPACTS:
• Fiscal: On Nov. 10, 2008, City Council approved the 2009 budget which included $300,000
in the Water Utility Capital Improvement Program. The Council authorized negotiation of an
IGA for the Nederland WWTF on Nov. 25, 2008 that includes capital funding of up to
$370,000, plus some annual operations and maintenance funds. Funds from other Water
Utility capital projects will be used to make up the $70,000 capital funding difference if the
AGENDA ITEM # 5 PAGE 2_
Nederland applied for and has received a $500,000 grant from the Colorado Department of
Local Affairs (DOLA) to help offset the cost of this project. On Nov. 4, 2008, 83 percent of
the Nederland voters approved an increase of the town's debt by $6.9 million for
construction of a new WWTF and a new Water Treatment Facility (WTF), both of which
require improvements.
BOARD AND COMMISSION FEEDBACK:
The Water Resources Advisory Board (WRAB) reviewed Nederland's proposal, information
from Nederland's engineering consultant and Boulder's engineering consultant, and other
options at a meeting held on Aug. 18, 2008. WRAB approved funding for the project on a 4-1
vote. A copy of the WRAB minutes from this meeting is Attachment B.
ANALYSIS:
On Nov. 25, 2008, City Council passed a motion authorizing the City Manager to negotiate an
IGA with Nederland to allow Boulder to provide a financial contribution for the construction of
Nederland's new WWTF on a 7-1 vote. The motion included seven conditions, as follows:
1. Boulder's one-time contribution to Nederland will be $270,000 if a Sequencing Batch
Reactor (SBR) wastewater treatment facility using ultraviolet (LTV) disinfection, filtration
and chemical precipitation processes with one equalization tank is constructed, plus up to
an additional $100,000 if the need for a second equalization tank is identified during the
design process and subsequently constructed with the project,
2. Boulder's annual financial contribution to Nederland will be:
a. limited to no more than $17,300 per year, adjusted annually for inflation, for
operation and maintenance expenses for the filtration and chemical precipitation
processes,
b. conditioned on Nederland not exceeding an average annual effluent limit for Total
Phosphorus (TP) of 1.6 milligrams per liter (mg/1) and not exceeding an average
monthly effluent limit for TP of 1.6 mg/l for the months of June through
September,
c. ended at such time as the CDPHE sets an average annual TP limit of 1.6 mg/l or
less for Nederland's discharge permit or in 10 years, whichever occurs first,
3. Boulder's approval of the Nederland WWTF design,
4. Nederland to size the WWTF to accommodate future sewer service for the Big Springs
area south of Barker Reservoir,
5. Boulder to annually review and comment on the operation and maintenance (O&M) of
the WWTF and Nederland's subsequent consideration of the comments,
6. Nederland to implement education programs for water conservation and source water
protection including phosphorus and other contaminants, and
7. Nederland to implement a water conservation ordinance for indoor fixtures and
appliances in new construction that is at least as stringent as Boulder's existing
requirements.
AGENDA ITEM # 5 PAGE 3_
The proposed IGA includes the above conditions. The Town of Nederland Board of Trustees will
consider approval of the IGA as written in Exhibit A of Attachment A on Aug, 11, 2009 and staff
will provide the results of the Trustee vote to WRAB at its Aug, 17, 2009 meeting.
OPTIONS:
The options are to:
• Recommend to Council approval of the proposed ordinance (Attachment A) and
Intergovernmental Agreement (Exhibit A to Attachment A) (Staff recommendation)
• Recommend to Council approval of the proposed ordinance and agreement with revisions
and changes
• Do not recommend approval of the proposed ordinance and agreement
ATTACHMENTS:
A: Proposed Ordinance with Exhibit A Intergovernmental Agreement (City of Boulder/Town
of Nederland)
B: WRAB minutes from Aug. 18, 2008
AGENDA ITEM # 5 PAGE 4_
Attachment A
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF BOULDER AND THE TOWN OF NEDERLAND
REGARDING IMPROVEMENTS TO NEDERLAND'S
WASTEWATER TREATMENT FACILITY AT BARKER RESERVOIR
THIS AGREEMENT is made to be effective the day of 12009
between the City of Boulder, a Colorado home-rule city (`Boulder" or the "City"), and the Town
of Nederland, a Colorado statutory town ("Nederland" or the "Town"), collectively the "Parties"
(the "IGA").
A. Nederland is building a new Wastewater Treatment Facility to comply with
standards requirements of the Colorado Department of Public Health and Environment
("CDPHE"), and to increase treatment capacity to allow for future wastewater services for the
area known as Big Springs south of Barker Reservoir and full build-out of the Town's current
planning area (the "WWTF"); and
B. Boulder has an interest in the WWTF constructed by Nederland and the filters and
processes used at the facility because the facility discharges into Barker Reservoir, a primary
water source for the City of Boulder; and
C. Boulder has agreed to contribute up to $370,000 for construction, and up to
$17,300 per year for operation and maintenance of certain treatment processes at the WWTF
pursuant to the terms of this agreement.
NOW THEREFORE, the parties agree as follow:
1. Nederland is building a new WWTF with a treatment capacity of 0.25 million
gallons per day, which the Town intends to serve the properties for which water taps have been
issued as well as all of the potential future wastewater capacity for full build-out of Nederland's
current planning area, including the area known as Big Springs subdivision south of Barker
Reservoir. In consideration of the covenants set forth in this Agreement, Nederland has agreed
that the WWTF shall replace the existing aeration lagoon system, and include a Sequencing
Batch Reactor treatment process, use ultraviolet disinfection, and include a filtration and
chemical precipitation process for phosphorous removal.
2. Boulder desires to reduce the amount of phosphorous discharged into Barker
Reservoir from the WWTF, and has agreed to contribute up to Three Hundred Seventy Thousand
Dollars ($370,000) to Nederland for construction of the filtration and chemical precipitation
process for phosphorous removal at the WWTF pursuant to the terms of this IGA and under the
following conditions:
a. The WWTF shall be designed and constructed based on a design standard of
producing effluent that does not exceed
i. an average annual effluent concentration for Total Phosphorus (TP) of
1.6 milligrams per liter (mg/1) based on a minimum of one total
phosphorus effluent composite sample per week for each week of the
year, and
ii. an average monthly effluent concentration for TP of 1.6 mg/1 for the
months of June through September based on a minimum of one total
phosphorus effluent composite sample per week for each week during
the months of June through September.
b. If the WWTF includes one equalization tank, Boulder shall reimburse
Nederland the actual costs for construction of the filtration and chemical
precipitation process for phosphorous removal at the WWTF up to $270,000.
If two equalization tanks are necessary to meet the criteria in this IGA,
Boulder will reimburse Nederland up to an additional $100,000 for the actual
cost of construction of the second equalization tank.
c. Nederland shall proceed with design and construction on a time schedule that
will allow it to obtain a Colorado Discharge Permit System (CDPS) discharge
permit from Colorado Department of Public Health and Environment
("CDPHE") to operate the WWTF on or before June 30, 2012.
d. Design and construction plans for the WWTF shall be submitted to Boulder
for comment prior to submission to CDPHE. Boulder shall have 28 days from
receipt of such plans to provide comments to the engineer responsible for such
plans. The engineer shall consider Boulder's comments and advise Boulder's
representative of the incorporation of Boulder's comments into such plans or
of the reasons for not including the City's comments.
e. The final design of the filtration and chemical precipitation process for
phosphorous removal at the WWTF, and of the second equalization tank if
necessary, shall be subject to the approval of Boulder. Nederland shall
provide Boulder with final design documents and a request in writing for final
design approval. Boulder shall have 28 days from receipt of such final design
documents to either provide Nederland with approval of the documents or to
provide notification of specific deficiencies in the documents preventing
Boulder's approval. If no agreement can be reached between Boulder and
Nederland, the parties shall use their best efforts to resolve the dispute in
accordance with Section 10.A. below.
f. Boulder shall be provided at least 48 hours notice of any meetings between
Nederland and CDPHE that may include discussion of the filtration and
chemical precipitation process for phosphorous removal at the WWTF.
Boulder shall be permitted to attend and participate in any such meetings. In
the event any such meetings happen with less than 48 hours notice, Boulder
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shall be provided as much notice as possible and permitted to attend and
participate.
g. Boulder may inspect the premises and facilities of the WWTF at any time
during construction after giving the Town at least 48 hours notice; provided
however, Boulder may not interfere with construction or give direction to any
party, other than through the Town's representative as provided herein.
3. The contribution by Boulder to Nederland of up to $370,000 shall be
reimbursement for actual construction costs by the following process:
a. The contractor used by Nederland for construction of the WWTF shall show
its charges, including labor and materials, for the construction of the filtration
and chemical precipitation process for phosphorous removal separately from
its other charges.
b. Nederland shall notify Boulder upon reaching 50% completion of the
construction of the WWTF and shall concurrently provide to Boulder copies
of all invoices it has received for the construction of the WWTF to that point
with its claim of the portion thereof to be reimbursed by Boulder.
c. Within 45 days of receipt of the notice of 50% completion and invoices,
Boulder shall respond to Nederland with payment of the requested
reimbursement amount upon which Boulder agrees is consistent with the
terms of this IGA up to $150,000.
d. Nederland shall notify Boulder upon reaching substantial completion of the
construction of the WWTF and shall concurrently provide to Boulder, copies
of all invoices it has received subsequent to 50% completion for the
construction of the WWTF with its claim of the portion thereof to be
reimbursed by Boulder.
e. Within 45 days of receipt of the notice of substantial completion and invoices,
Boulder shall respond to Nederland with payment of the requested
reimbursement amount upon which Boulder agrees is consistent with the
terms of this IGA up to $270,000 less the amount paid upon 50% completion
if only one equalization tank is constructed, or up to $370,000 less the amount
previously paid upon 50% completion if two equalization tanks are
constructed.
f. For any portion of the requested reimbursement amounts with which Boulder
disagrees, it shall respond with an explanation of the basis of its disagreement,
and the portion of this IGA upon which it is relying to object to payment, and
such additional information as Boulder may need to agree to the disputed
portion of reimbursement.
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g. If Nederland disagrees with the basis for Boulder's for disputing
reimbursement claimed, Nederland shall advise Boulder of the grounds upon
which it relies for claiming the disputed portion.
h. If no agreement can be reached between Boulder and Nederland, the parties
shall use their best efforts to resolve the dispute in accordance with Section
10.A. below. Nederland's acceptance of partial payment from Boulder of any
requested reimbursement amount shall not constitute a waiver of Nederland's
right to claim or pursue the full reimbursement amount.
i. The acceptance of any payment by Nederland for reimbursement of
construction costs under this paragraph constitutes agreement to operate the
filtration and chemical precipitation process for phosphorus removal in
accordance with Paragraph 5 of this IGA. Should Nederland elect to
discontinue operation of the filtration and chemical precipitation process for
phosphorus removal prior to the time specified in Paragraph 5.e. of this IGA,
then Nederland shall pay to Boulder one-tenth of the total construction cost
reimbursed by Boulder for each of the year, or part of a year, in which the
phosphorus removal process is not operated, plus interest from the date of
substantial completion of the WWTF at a rate of 5%.
4. Nederland and Boulder shall each designate a representative to whom all
comments about plans, construction and inspection shall be made through. The City's
representative is Ned Williams, Director of Public Works for Utilities, tel: 303-442-3200, e-mail
williamsn@,bouldercolorado.gov. The Town's representative is Jim Stevens, Town
Administrator, tel: (303) 258-3266, e-mail: jims@,town.nederland.co.us.
5. After the WWTF is approved for operation by CDPHE, Boulder shall pay
Nederland up to $17,300 per year for operation and maintenance expenses for the filtration and
chemical precipitation processes of the WWTF under the following conditions:
a. The WWTF shall not exceed an average annual effluent concentration for
Total Phosphorus (TP) of 1.6 milligrams per liter (mg/1) based on a minimum
of one total phosphorus effluent composite sample per week for each week of
the year.
b. The WWTF shall not exceed an average monthly effluent concentration for
TP of 1.6 mg/1 for the months of June through September based on a
minimum of one total phosphorus effluent composite sample per week for
each week during the months of June through September.
c. The reimbursement by Boulder to Nederland shall be for documented actual
costs of operation and maintenance directly related to the filtration and
chemical precipitation process for phosphorus removal. Any objection by
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Boulder to the reported actual costs shall be handled by the same procedure as
disputes of actual costs during construction specified above.
d. The $17,300 maximum shall be adjusted annually based on the
Denver/Boulder All Items Consumer Price Index
e. Boulder's obligation to reimburse Nederland for operation and maintenance
for the filtration and chemical precipitation process for phosphorus removal
shall commence in the year in which the WWTF is approved by CDPHE for
operation, and expire (a) December 31 ten years thereafter, or (b) when
CDPHE sets an average annual TP effluent limit of 1.6 mg/1, or less, for the
Nederland WWTF through the CDPS discharge permit process, whichever
occurs first.
f. Nederland shall provide Boulder annually copies of the WWTF monthly
Discharge Monitoring Reports submitted to CDPHE for all CDPS permit
requirements and all WWTF effluent TP data collected over the year so that
Boulder can review and comment on the operation and maintenance of the
filtration and chemical precipitation process for phosphorus removal at the
WWTF. Boulder shall submit such comments in writing and Nederland shall
consider the same and incorporate such comments into its procedures for
operation and maintenance of the filtration and chemical precipitation process
for phosphorus removal to the extent reasonably feasible.
g. Operation and maintenance of the WWTF complies with all applicable
federal, state and local laws and regulations.
6. Nederland shall implement education programs concerning water conservation
and source water protection for users of the WWTF regarding phosphorus use and other
contaminants, such as personal care products and pharmaceuticals.
7. By January 31, 2010, Nederland shall adopt a water conservation ordinance for
indoor fixtures and appliances in new construction that is at least as stringent as the City's
existing requirements in Sections 11-1-48 through 11-1-51 of the BRC.
8. Boulder may obtain its own samples and perform tests of the discharge from the
WWTF upon 48 hours notice to Nederland. Boulder shall provide Nederland with a copy of the
results of any such testing. .
9. General Provisions
A. Disagreements. Both parties agree in good faith to use their best efforts to resolve
disputes that may arise under this Agreement by direct consultation, facilitated
discussions, or mediation, if possible, before commencement of litigation; provided,
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however, such procedures shall not be a condition precedent to the filing of litigation in
order to protect against the application of any statute of limitations.
B. Good Faith Negotiations. In the event that any parry feels unreasonably constrained by
the terms of this Agreement at any time, the other parties shall bargain in good faith to
explore any adjustment of the terms of this Agreement which could relieve such
constraint, consistent with the spirit of this Agreement and the public interest.
C. No Indemnity and Hold Harmless. Neither parry is required to indemnify the other in
connection with this Agreement, except as set forth in this Agreement. However, each
party assumes responsibility for its actions and omissions in the performance or
failure to perform work under this Agreement, as well as the actions and
omissions of its agents and employees. Neither party waives or intends to waive
the limitations on liability which are provided to the parties, their officers, and
employees under the Colorado Governmental Immunity Act, Section. 24-10-101
et. seq., C.R.S.
D. Annual Appropriation. The parties' financial obligations under this Agreement in
future fiscal years are subject to annual appropriation in accordance with Colorado law.
E. Insurance. Nederland certifies that it is insured for property and general liability
coverages, including errors and omissions to the limits set forth in the Governmental
Immunity Act. Excess insurance is purchased above Nederland's self-insured
retention. A Certificate of Insurance shall be provided to the City outlining the
insurance policy limits.
F. Governing Law and Venue. All agreements among the parties shall be construed and
interpreted in accordance with the laws of the United States of America and the State of
Colorado. Venue for any action shall be proper in the Twentieth Judicial District of the
State of Colorado and in the Federal District Court for the District of Colorado,
depending upon the cause of action urged.
G. Integration Clause. This Agreement contains the entire agreement between the parties
relating to the WWTF and may be modified only by an instrument in writing executed
by all of the parties.
H. Effective Date. The terms of this Agreement will become effective upon the signature
of the approving officials of all of the parties.
1. Notices. All notices under this Agreement shall be given by registered or certified
mail, postage prepaid, directed as follows, or as amended by notice given under
this paragraph, and shall be deemed given on the date of mailing:
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Intended for Nederland:
Jim Stevens, Town Administrator
with a copy to: Public Works Director Tim Underwood
P.O. Box 396
Nederland, CO 80466
Intended for the City:
City Manager
With a copy to the Director of Public Works for Utilities
Post Office Box 791
Boulder, Colorado 80306
J. No Third Party Beneficiaries. The covenants and agreements contained in this
Agreement are for the benefit of Nederland and the City only, and do not create
any obligations or duties to persons not parties hereto.
K. Authority. The parties represent that the individuals executing this Agreement on their
behalf possess full power and authority from their respective governing boards in
compliance with Colorado law.
L. No Waiver of Governmental Immunity. Neither Party intends to waive any application
of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq. Nothing
herein shall be construed as a waiver of said Act.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives as of the date indicated.
THE CITY OF BOULDER, COLORADO
By:
Jane S. Brautigam, City Manager
Attest:
City Clerk on behalf of the
Director of Finance and Record
Approved as to form:
City Attorney
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TOWN OF NEDERLAND, COLORADO
By: Martin Cheshes
Title: Mayor
Attest:
Christi Icenogle, Town Clerk
Approved as to form:
Town Attorney
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Attachment B
CITY OF BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING StAIMARY FORM
NAME OF BOARD/COnIMISSION: Water Resources Advisory Board
DATE OF 1\4EETING: August 18, 2008
NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Suzanne Lieberman, 303-441-3266
NAMES OF MEMBERS, COUNCIL, STAFF, AND INVITED GUESTS PRESENT:
BOARD MEMBERS - Bart Miller, Robin Byers, Kelly DiNatale, William DeOreo, Susan Iott
STAFF - Ned Williams, Carol Ellinghouse, Joanna Crean, Bret Linenfelser, Sue Ellen Harrison - City
Attorne y's Office, Suzanne Lieberman, secretary.
WHAT TYPE OF MEETING BOLD ONE REGI LAR] [SPECIAL] QUASI-JUDICIAL
Agenda Item 1- Call to Order
The meeting was called to order at 7:03 p.m.
Agenda Item 2 - Meeting Minutes - July 7, 2008 and July 21, 2008.
Motions: DeOreo - Separate motions to approve July 7, 2008 and July 21, 2008 minutes as
amended.
Seconded: DiNatale (both motions).
Votes: Both motions: 5-0 in favor, both motions passed.
Agenda Item 3 - Public Participation and Comment.
There was none.
Agenda Item 4
Matters from Board -
• Iott: How to deal with gas leaks into storm sewers? Discussed by staff.
• Byers: Questions from the public re: well survey. Purpose of the survey? Methodology?
Concerns that survey recipients don't know response is voluntary and that response could result in
government action (e.g. where there are unregistered wells). Concerns re: lack of disclaimers,
fishing expedition, no right of privacy. Much of the requested data is already compiled by the
State Engineer's Office. Linenfelser: Survey has been ongoing for several years: focused on
residential areas, to evaluate potential for cross-connections. Survey has not been reviewed by
Linenfelser. Data will be used in "water cop" activities in Drought Response Stages III and IV.
Responses so far: estimated at 257 wells, 387 spots. Studying areas developed from 1950s
forward. Harrison: Data not shared with State Engineer's Office. Byers: Is there a mechanism
for reporting cross-connection issues (e.g. in an emergency?) Response to this question suggests
there is not such a mechanism in place. Request for more information on this issue after staff has
a chance to review status/format.
• Byers: Status on zebra and quagga mussels and protection of Boulder Reservoir? Linenfelser:
Utilities is still working with Parks and Recreation to implement a plan for Boulder Reservoir to
protect against zebra and quagga mussel infestation. City Council was provided a WIP outlining
the proposed approach for implementing a zebra and quagga mussel protection plan for the rest of
the 2008 boating season and for the 2009 boating season. Additional cost and staffing needs were
also included in the WIP. Staff is still waiting from results from the Division of Wildlife on zebra
and quagga mussel monitoring in Boulder Reservoir. Discussions with Bureau of Reclamation
representatives clarified the methodology for positive zebra or quagga mussel identification. If
both the Bureau of Reclamation and Division of Wildlife have a positive identification from the
same sampling event then the results are considered valid and qualify as a positive identification.
A positive identification triggers formal notification to the public.
• DeOreo: Questions on city of Boulder Utilities Division Annual Report, e.g. A-29 and B-5.
Quantities of unbilled water are high: Boulder should track IWA water-loss standards.
99,000/SFR seems very low. D-13 - seems like indoor use is dropping precipitously; indoor use
should be fairly inflexible; a real drop or an artifact of the 2002 drought? Would be useful to have
medians, means, percentiles.
• Miller: Went to a meeting re FERC re-licensing for Gross Reservoir; continents due end of
September. Concern re: how jurisdictional boundary might fit in with re-licensing: could this be
readjusted? May be covered by EIS? Ellinghouse: Pool space becomes available July 15 each
year. Can't submit comments that would go against Boulder's agreement with Denver.
Matters from Staff -
• Harberg: Review of capital improvements to water treatment at Boulder Reservoir plant: $3.6
million. MWH will be doing design; hope to bid next year. Probably 12-18 months construction
time frame; probably [completed in] 2010. Will add a third 8 mgd pump from reservoir.
• Harberg: Status of photovoltaic installation at 75th St. wastewater facility: wetlands, prairie dog
issues could cause 50-60% reduction from original capacity. There is some question whether the
project is economically feasible at this point.
Agenda Item 5 - Update on AWWA QualServe peer review.
Crean gave the presentation. At the WRAB meeting on April 21, 2008, staff presented WRAB with
information about the self-assessment survey and peer review program administered by American Water
Works Association (AWWA)/Water Environment Federation (WEF) that was chosen to evaluate city water
and wastewater utility operations. The AWWA/WEF Self-Assessment and Peer Review program chosen
accomplishes the 2008 objective for the division to be reviewed; staff will continue to explore opportunities
for the stormwater utility to be reviewed. The peer review program, coupled with a self-assessment survey
will assist the city of Boulder Utilities Division in evaluating its overall performance, efficiency and
customer service as well as its ability to maintain industry best management practices.
Public Comment: There was none.
WRAB discussion included: Staff hoping to complete survey compilation by the end of August. Peer
Review will occur week of 10/13/08. Inquiries whether WRAB would like to meet with Peer Review panel
on 101113/08 (move 10/20/08 meeting up to 10/13/08), with possible dinner on 10/13 and Friday de-brief.
Keep 10/20/08 regular WRAB meeting.
Agenda Item 6 - Final recommendation of Nederland's funding proposal for WWTF improvements.
Ellinghouse gave the presentation. Barker Reservoir, located on Middle Boulder Creek near the town of
Nederland, is the source of about one-third, on average, of the city of Boulder's annual drinking water
supply. The reservoir can store approximately 11,700 acre-feet and provides about one-half of the annual
water supply for the city's Betasso Water Treatment Plant (WTF). Nederland's Wastewater Treatment
Facility (VATWTF) currently discharges to Middle Boulder Creek, just upstream of where the creek flows
into Barker Reservoir. In 2007, Nederland discharged approximately 113 acre-feet of wastewater effluent
or about one percent of the capacity of Barker Reservoir. Nederland's WWTF is located at the west end of
Barker Reservoir (see Attachment A - Location Map) at the farthest point from the outlet through Barker
Dam for the city's pipeline feeding water into Betasso WTF.
The Colorado Department of Public Health and Environment (CDPHE), which is the permitting agency for
WWTFs, gives consideration to the fact that Nederland's WWTF discharges to a water body that is
designated as a drinking water supply in setting specific permit limitations and requirements for WWTF
discharge quality. Discharge permits are typically issued every five years. A new permit from CDPHE is
scheduled to be issued to Nederland in 2009. Nederland will need to improve its existing wastewater
treatment processes to meet the proposed discharge limits in the new permit.
Nederland has approached Boulder requesting financial participation in order to construct a new WWTF
and has provided a specific financial proposal for Boulder's consideration. Under the proposal, Nederland
would finance a new WWTF that complies with all state and federal regulations. Proposed capacity for new
facility is .025 mgd. Nederland proposes that Boulder finance the incremental costs associated with a more
advanced treatment system that removes pollutants and contaminants beyond the proposed wastewater
discharge requirements in order to protect Boulder's drinking water quality. Nederland is requesting a
$546,000 contribution from Boulder for capital costs for MBR system, with $19,000/ for O&M costs,
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especially to maintain membrane filters. City staff and the city's engineering consultant have evaluated the
cost associated with Nederland's specific financial proposal, and of other options, against the water quality
benefits to Barker Reservoir and to Boulder in order to evaluate whether or not to contribute funds to
Nederland's WWTF upgrade. City staff is recommending an alternative to Nederland's proposal. Those
options include: 1) Bypass Option - effluent to be piped to location below reservoir, $770,000-$2,000,000:
2) SBR (in matrix in handout): 3) Betasso - only changes options if eutrophication in Barker has to be dealt
with; 4) Big Springs Subdivision Sewer line; 5) increasing footprint of building only, for possible future
expansion, $75,000. Option 5 is the preferred staff recommendation. The recommendation from MWH
(Boulder's engineering consultant) is for the SBR system with filters.
One City Council member has expressed some interest in performance conditions as part of any agreement.
Representatives from Nederland did not make a formal presentation, but elected to just make a few
comments.
Public Comment:
• Warren Mesloh (Consultant for the Town of Nederland, The Engineering Company):
Recommends MBR.
• Jim Stevens (Town Administrator, Town of Nederland): Construction will be long-term. Infill
development, hotels, new subdivision.
• Martin Cheshes (Mayor, Town of Nederland): Nederland may go with aeration lagoons.
General Discussion: There was an unstructured general discussion of issues associated with the
proposal, with questions and responses from WRAB, City Staff, and representatives of Nederland.
This is a general summary of a number of the issues that were discussed:
The risks to Boulder's water supply from the discharge compared with risks from non-point source
runoff into Boulder Feeder Canal; Boulder citizens' expectations of high-quality water and their
anticipated support of the funding. Link between wastewater process quality and removal of
micro-pollutants such as pharmaceuticals. Staff, in recommending a no-action alternative, not
following previous recommendations in the Middle Boulder Creek watershed study nor concerns
expressed by many of the Source Water Master Plan Community Study Group: both efforts
addressed Nederland's discharge; staff s position as inconsistent with regard to water quality
threats. Advantages of ultraviolet disinfection and filtration. Nederland going out of its way to try
to accommodate protections for the city not required in its discharge permit: very easy for
Nederland to walk away from discussions with Boulder if demands too burdensome: Nederland
can easily get a permit for an upgraded lagoon system to provide minimal treatment within the
discharge permit limits, the possibility that Nederland may, due to financial reasons and potential
customer revolt, eventually go with minimum treatment and not construct either SBR or MBR
facility. Uncertainty re whether Boulder would be able to require phosphorus removal in
Nederland's discharge in the near future. Precedent in Colorado and the country for downstream
utilities voluntarily providing funding for upgrading of upstream wastewater treatment facilities:
e.g. funding ($500,000 - one-third of the capital cost) from cities of Westminster, Thornton and
Northglenn and Coors Brewing Company to add chemical addition and filtration to the Black
Hawk/Central City wastewater treatment facility.
Nederland hasn't raised wastewater rates since 1992, according to Nederland representatives;
Reservoir not currently experiencing eutrophication. Nederland's understanding that Boulder had
[firmly] committed to help; $75,000 for building is a "non-starter." according to Nederland
(Mesloh). According to Nederland's representatives, Nederland is not a TABOR enterprise, it is
presently using sales tax to defray expenditures. Nederland's request of Boulder compared to
Eldorado Springs wastewater treatment facility (no Boulder funding/participation for latter).
Whether MBR is the best treatment option; according to Nederland reps, Nederland does not
currently have operators licensed to operate an MBR system, but think they will have a licensed
MBR operator in future. Nederland's NPDES permit expires in 2009. $75K from Boulder not
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enough to warrant Nederland getting involved. Concern with difference between Betasso Plant
source and Boulder Reservoir facility source.
Support for up-front payment of $400k + $17k per year for operation and maintenance (DiNatale).
Staffs position: water quality concerns associated with this proposal contrast with those at
Boulder Reservoir, where water quality issues are more imminent; water quality issues at Barker
are not presently as high a priority item. Question from Harrison whether the staff discussed
funding issues; "incentives," "performance payments" may be contra to TABOR enterprise status;
importance of addressing issue of when/ifnew state standards come into place, whether Boulder's
operation and maintenance contributions would be eliminated. Discussion re: Nederland's plans
for the future, PIFs, bringing inliers into the system:. question of where Nederland will get an
MBR operator. WRAB question to City staff re: relative priorities of water quality expenditures:
According to Staff, Barker gravity lines, Boulder Reservoir source quality are higher priorities
than Barker water quality: Boulder Reservoir source is not the same as the other two sources and
risks are closer to treatment facility; may be that Nederland request possibly not the best focus
right now. According to Harrison, CDPHE not reliable re: 5-year cycle for permit; how to enforce
performance if standards not met? Nederland has not applied for a standards variance to UV
requirement or any primary disinfection.
Motion (DiNatale):
Whereas the maintenance of the quality of water in Barker Reservoir is of critical importance to the city of
Boulder since it serves as a main raw water supply for Boulder: and whereas the Town of Nederland
wastewater treatment plant discharges directly into Barker Reservoir and contaminates that water supply,
WRAB advises that the city of Boulder provide one-time funding to Nederland for the inclusion of
ultraviolet disinfection, chemical addition for phosphorus reduction and filtration for a sequencing batch
reactor or W disinfection and chemical addition for an MBR process for its pending expansion of the
Nederland Waste Water Treatment Facility at a cost not to exceed $400,000. This contribution may be
reduced if bid costs for including these processes in the SBR option are less than $400.000, but shall not be
reduced if an MBR process is selected. The city of Boulder shall approve the design plans for the chemical
addition and filtration processes. In addition, the city of Boulder should also contribute up to a maximum
of $17,300 per year for operations of the phosphorus removal and filtration facilities, adjusted annually for
the Denver area general CPI as long as Nederland maintains an average annual total phosphorus limit of 1.6
mg/1 or less. If in the future, the Nederland discharge permit includes a limitation that annual phosphorus
average less than 1.6 mg/1, Boulder will no longer be obligated to make annual O&M payments. In order to
ensure the wise use of Boulder's contribution, Boulder shall annually review and comment to the Town on
the operations and maintenance of the wastewater treatment facility. As a condition of Boulder's financial
contribution, the Town shall agree to adopt, after consultation with the city of Boulder, an education
program for improving water conservation and reducing phosphorus use and a water conservation
ordinance requiring best available technology indoor appliances for new development.
Seconded: DeOreo
Vote: 4-1 in favor, Motion passed.
Dissent (Byers): Reasons weighing against supporting the Request for Contribution
1. Water quality of Barker is already better than Boulder Reservoir/Feeder canal source,
2. [New Nederland facility] not as likely to improve water quality as much as Boulder
Reservoir/Feeder Canal improvements would:
3. Not an appropriate use of Boulder ratepayer funds; especially in light of the fact that Boulder
utility ratepayers have experienced steady rate increases over the years, while Nederland's have
not;
4. There is currently no phosphorus standard, and no evidence of likely sources for increases [in
Barker drainage] in the future: no source for increased phosphorus:
5. Nederland can always approach Boulder in the future;
6. No evidence that Nederland will force OWSs [individual septic systems within its service area] to
come online in the future:
7. Nederland isn't the only source of contaminants for Middle Boulder Creek: basin wide approach
(e.g., Lake Dillon) might be more useful; e.g. [contaminant issues] from Eldora [may be better
handled with a basin-wide approach].
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Agenda Item 7 - Discussion of schedule and agenda items for future meetings.
• Keep October 20 WRAB meeting date.
Agenda Item S - Adjournment
Motion: Motion to adjourn by DeOreo.
Seconded by: Miller
Vote: 5-0 in favor, passed.
Meeting adjourned at 10:45 PM.
Date, Time, and Location of Next Meeting:
The next WRAB meeting will be Monday, September 15 - 7 p.m., regular meeting, Municipal Services
Center, 5050 East Pearl Street unless otherwise decided b staff and the board.
These are extended-format minutes. Due to technical difficulties, there is no audio recording for this
meeting in Central Records.
Minutes approved by:
Date:
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