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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 2 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. 3 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 4 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, 5 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: 6 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 7 TOWN OF NEDERLAND, COLORADO By: Martin Cheshes Title: Mayor Attest: Christi Icenogle, Town Clerk Approved as to form: Town Attorney 8 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, 2 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 3 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]. 4 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: 5