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Home My WebLink About2022 Transparency noticeEagle River Water & Sanitation District Pursuant to section 32-1-809, Colorado Revised Statutes for Transparency Notices may be filed with Special District Association of Colorado. This information must be provided annually to the eligible electors of the district no later than January 15 of each year. *Note that some information provided herein may be subject to change after the notice is posted. District's Principal Business Office Company Vail Administrative Office Contact DianeJohnson Address 846 Forest Road, Vail, Colorado 81657 Phone 970-476-7480 District's Physical Location Counties Eagle Regular Board Meeting Information Location online via Microsoft Teams during pandemic, otherwise Eagle River Water & Sanitation District Office Address 846 Forest Road, Vail, Colorado 81657 Day(s) Fourth Thursday of every month from January through October; third Thursday in November and December Time 1:00 P.M. Posting Place for Meeting Notice Location ERWSD website (www.erwsd.org) or Vail administrative office Address 846 Forest Road, Vail, Colorado Notice of Proposed Action to Fix or Increase Fees, Rates, Tolls, Penalties or Charges for Domestic Water or Sanitary Sewer Services Location Address Date Notice Current District Mill Levy Mills .231 mills (District operations); .528 mills (District debt service); .471 mills (water sub -district operations); .764 mills (water sub -district debt service) 1/5 Ad Valorem Tax Revenue Revenue reported may be incomplete or unaudited as of the date this Notice was posted. Amount($) 1,221,290 (unaudited) Date of Next Regular Election Date 05/03/2022 Pursuant to 24-72-205 C.R.S The district's research and retrieval fee is $33.58 per hour District Policy RESOLUTION DESIGNATING THE OFFICIAL CUSTODIAN OF RECORDS AND ADOPTING A POLICY ON RESPONDING TO OPEN RECORDS REQUESTS WHEREAS, pursuant to §32-1-1001(1)(h), C.R.S., the Board of Directors of the Eagle River Water & Sanitation District ("District") is responsible for the management, control and supervision of all of the business and affairs of the District; and WHEREAS, pursuant to §32-1 -1001 (1)(i), C.R.S., the Board of Directors of the District has the authority to appoint an agent; and WHEREAS, the Board of Directors of the District has determined that it is appropriate to designate an official custodian of the District's records for the protection of such records and in order to permit their inspection by persons entitled to examine and copy such records in an orderly fashion; and WHEREAS, the Board of Directors of the District has determined that it is appropriate to adopt a policy on responding to open records requests; and WHEREAS, the Board of Directors fully supports, and complies with, all Federal and State laws relating to the retention, protection and disclosure of District records including, but not limited to, the Colorado Open Records Act, Title 24, Article 72, Part 2, C.R.S. ("CORA"), the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and the Privacy Rule promulgated by the U.S. Department of Health and Human Services which interprets and implements HIPAA; and WHEREAS, it is the policy of the District that all public records shall be open for inspection by any person at reasonable times, except as otherwise provided by law; and WHEREAS, public records are defined by CORA as all writings made or maintained by the District, regardless of the format or medium of the records, subject to certain exceptions and public records expressly include e-mail communications. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Eagle River Water & Sanitation District that: 1. Official Custodian. (a) David Norris, the Director of Finance of the District, is hereby designated as the Primary Official Custodian responsible for the maintenance, care and keeping of all records of the District, except as provided herein. (b) The construction manager for the District's construction projects is hereby designated as the Official Custodian responsible for the maintenance, care and keeping of all records associated with the District's construction projects, subject to the control, supervision and direction of the Primary Official Custodian. (c) The Official Custodian shall have the authority to designate such agents as they shall determine appropriate to perform any and all acts necessary to enforce and execute the provisions of this Resolution. 2. Policy on Responding to Open Records Request. The following are general policies concerning the release of records: (a) All public records of the District shall be open for inspection at the times designated herein, unless prohibited by the provisions of CORA or policies adopted by the Board of Directors in conformance with CORA. (b) Every request to inspect and/or copy any District record (a "Records Request") shall be submitted to the District's Official Custodian in writing and be specific as to the information desired. If not submitted to the Official Custodian, any District employee or Board Member that receives the Records Request shall immediately send the Records Request to the Official Custodian. To assist the Official Custodian in responding to requests in a timely and complete manner, the Official Custodian may require records requests to be submitted on a form developed by the Official Custodian. (c) If any question arises as to the propriety of fully complying with a Records Request, the Official Custodian shall immediately forward it to the District's legal counsel. 2/5 (d) The District's legal counsel shall determine the District's obligations under the applicable Federal and/or State law(s). If the District is permitted to make records available for inspection in whole or in part, the District's legal counsel will so notify the District's Official Custodian, who will assemble the disclosable requested documents for inspection and/or copying in accordance with applicable Federal or State law. (e) If the District's legal counsel determines the District is not permitted by Federal or State law to make records available for inspection in whole or in part, legal counsel shall provide a written response to the party submitting the Records Request stating the legal basis upon which the Records Request in whole or in part is being denied. (f) Following the denial of a request for record, upon receipt of the required written notice from the requesting individual that he or she will seek relief from the District Court, the Official Custodian will attempt to meet in - person or speak by telephone with the requesting individual. District personnel are encouraged to use all possible means to attempt to resolve the dispute during this time period and will provide a written summary of the District's position at the end of that period to the requestor and to the District's Board of Directors. No phone or in -person conference is required if the written notice indicates that the requestor needs access to the record on an expedited basis. (g) Pursuant to CORA, all records must be made available for inspection within three (3) working days from the Official Custodian's receipt of the request, unless extenuating circumstances exist. The deadline may be extended by seven (7) working days if extenuating circumstances exist and the requesting party is notified of the delay within three (3) working days of the Official Custodian's receipt of the request. The Official Custodian may set the time during normal office hours and the place for records to be inspected, and require that the Official Custodian or a delegated employee be present while the records are examined. (h) A public record stored in a digital format that is neither searchable nor sortable will be provided in a digital format. A public record stored in a digital format that is searchable and/or sortable will be provided in such digital format, unless (1) the public record is in a searchable or sortable format and producing the record in the requested format would violate the terms of any copyright or licensing agreement between the District and a third party; (2) producing the record would result in the release of a third party's proprietary information; (3) after making reasonable inquiries, it is not technologically or practically feasible to provide a copy of the record in a searchable or sortable format; or (4) if the Official Custodian would be required to purchase software or create additional programming functionality in its existing software to remove the information. Altering an existing digital public record, or excising fields of information that the Official Custodian is either required or permitted to withhold under this subsection, does not constitute the creation of a new public record under Section (2)(i)(iv) of this Resolution. (i) The Custodian may charge the following fees (collectively, the "Fees") for responding to a Records Request: (i) Printouts, photographs, and copies, when requested, will be provided at a cost of twenty-five cents ($0.25) per standard page, and at the actual costs of production for any non-standard page (the "Copying Fee"). A standard page shall mean an 8.5-inch by 11-inch black and white copy. (ii) When it is impractical to make the copy, printout, or photograph of the requested record at the place where the record is kept, the Official Custodian may allow arrangements to be made for the copy, printout, or photograph to be made at other facilities and the cost of providing the requested records will be paid by the person making the request (the "Outside Copying Fee"). (iii) If a copy, printout or photograph of a public record is necessary or requested to be provided in a format other than a standard page, the costs will be assessed at the actual cost of production (the "Production Fee"). (iv) If data must be manipulated in order to generate a record in a form not otherwise used by the District, such data manipulation will be assessed at the actual costs to the District (the "Manipulation Fee"); however, the District is in no way obligated to generate a record that is not otherwise kept, made, or maintained by the District. (v) The cost for transmitting the requested records will be charged at the actual cost of such delivery (the 'Transmission Fee"). Transmission Fees will not be charged for transmitting any record via electronic mail, when requested. (vi) When the location or existence of specific documents must be researched and the documents must be retrieved, sorted or reviewed for applicability to the request, and such process requires more than one (1) hour of staff time, the Custodian may charge a research and retrieval fee not to exceed thirty-three dollars and fifty- eight cents ($33.58) per hour, or the maximum amount allowed by the Executive Committee of the State Legislative Council, whichever is greater (the "Research and Retrieval Fee"). (vii) If any requested records are protected by a privilege (for example, but not limited to, the work product or attorney -client privileges) the District may charge the actual costs of creating a privilege log identifying the privileged records (the "Privilege Fee"). If legal assistance or review is necessary to create the privilege log, the Privilege Fee may include the actual costs for such legal assistance. Q) If the estimated Fees to produce the records will exceed $500, the District may require a fifty percent (50%) deposit of the estimated Fees prior to commencing work to produce the records. Payment of the remainder of the Fees, including all actual costs exceeding the estimated amount, must be made prior to the time of inspection or release of the final work product or copies. (k) No person shall be permitted to inspect or copy any records of the District if, in the opinion of the Official 3/5 Custodian after consultation with the District's legal counsel, such inspection or copying would come within the prohibition of one or more exemptions set forth in CORA. 3. Severability. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining provisions. 4. Effective Date. This Resolution shall take effect and be enforced immediately upon its approval by the Board of Directors of the District. The foregoing Resolution was approved and adopted this 16th day of December 2021. District contact information for open records request: David Norris Names of District Board Members Board President Name Bill Simmons Contact Info bsimmons@beavercreekmetro.com Election Yes, this office will be on the next regular election ballot Board Member 2 Name Richard Cleveland Contact Info invcleveland@gmail.com Election No, this office will not be on the next regular election ballot Board Member 3 Name Steve Coyer Contact Info scoyer51@gmail.com Election Yes, this office will be on the next regular election ballot Board Member 4 Name George Gregory Contact Info george.gregory@comcast.net Election No, this office will not be on the next regular election ballot Board Member 5 Name Kate Burchenal Contact Info kate.burchenal@gmail.com Election Yes, this office will be on the next regular election ballot Board Member 6 Name Robert Warner Contact Info robertwarnerjr@gmail.com Election No, this office will not be on the next regular election ballot Board Member 7 Names Timm Paxcnn 4/5 Contact Info tpaxson@erwsd.org Election Yes, this office will be on the next regular election ballot Board Candidate Self -Nomination Forms Any eligible elector of the special district who desires to be a candidate for the office of special district director must file a self -nomination and acceptance form or letter with the designated election official. Deadline for Self -Nomination Forms Self -nomination and acceptance forms or letters must be filed not less than 67 days before the date of the regular election. District Election Results The district's election results will be posted on the website of the Colorado Secretary of State (www.sos.state.co.us) and the website indicated below, if any. Website www.erwsd.org Permanent Mail -In Voter Status Absentee voting and Permanent absentee voter status (formerly Permanent Mail -In voter status): Where to obtain and return forms. Peggy Rupp Designated Election Official prupp@cogovlaw.com; phone 303-218-7208 Applications for absentee voting or for permanent absentee voter status are available from and must be returned to the Designated Election Official. Peggy Rupp Designated Election Official prupp@cogovlaw.com; phone 303-218-7208 Notice Completed By Name Peggy Rupp Company/District Collins Cole Flynn Winn & Ulmer, PLLC Title Paralegal Email prupp@cogovlaw.com Dated 01/14/2022 5/5