HomeMy WebLinkAbout2025 ERWSD 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 Eagle River Water & Sanitation District - Vail
Administrative Office
Contact Brian Thompson
Address 846 Forest Road, Vail, Colorado 81657
Phone 970-476-7480
District's Physical Location
Counties Eagle
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Regular Board Meeting Information
Location Eagle River Water & Sanitation District - Vail
Administrative Office, unless otherwise posted
Address 846 Forest Road, Vail, Colorado 81657
Day(s) Fourth Thursday of Jan, Feb, May, June, July, Aug,
Sept, and Oct; second Thursday of Apr. and Dec.
Time 12:00 p.m.
Posting Place for Meeting Notice
Location ERWSD website (www.erwsd.org) or Vail
Administrative Office
Address 846 Forest Road, Vail, Colorado 81657
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
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Current District Mill Levy
Mills .231 mills (District operations); .377 mills (District
debt service); .400 mills (water sub-district
operations); .454 mills (water sub-district debt
service)
Ad Valorem Tax Revenue
Revenue reported may be incomplete or unaudited as of the date this
Notice was posted.
Amount($) 1,490,610 (unaudited)
Date of Next Regular Election
Date 05/06/2025
Pursuant to 24-72-205 C.R.S
The district's research and retrieval fee is $33.58 per hour
District Policy
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
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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) The Government Affairs Supervisor 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 Capital Projects Program Manager 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
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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.
(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
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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 utilize all 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, which shall be 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) Any public record that is stored in a digital format will be provided
in a digital format. A public record stored in a digital format that is
searchable will be provided in searchable format and a public record
stored in sortable format will be provided in sortable format. A public
record that is in a searchable or sortable format shall not be produced
if: (i) producing the record in the requested format would violate the
terms of any copyright or licensing agreement between the District
and a third party;
(ii) producing the record would result in the release of a third party’s
proprietary information; or (iii) after making reasonable inquiries:
(1) it is not technologically or practically feasible to permanently
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remove information that the custodian is required or allowed to
withhold within the requested
format;
(2) it is not technically or practically feasible to provide a copy of the
record in a searchable or sortable format; or
(3) the Official Custodian would be required to purchase software or
create additional programming or functionality in its existing software
to remove the
information required or allowed to be withheld.
(iv) A public record stored in digital format shall be provided in digital
format by electronic mail, unless the size prevents email transmission,
in which case they shall
be transmitted by another method, as agreed on by the requesting
individual and the Official Custodian.
(v) 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.
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”), except that no per-page fee will be charged for
providing records in a digital or electronic format. 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”).
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(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.
(j) If the estimated Fees to produce the records will exceed $100.00,
the District may require a fifty percent (50%) deposit of the estimated
Fees prior to commencing work
to produce the records. Payment of the deposit is required before the
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request is deemed complete so as to begin the time periods noted in
subsection (g) of this section. 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. All
payments of Fees, including deposits, may be made via cash, check,
credit card, or debit card.
(k) No person shall be permitted to inspect or copy any records of the
District if, in the opinion of the Official 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.
(l) Except as required by Section 24-72-204(3.5)(g), C.R.S. and except
when a requested record is confidential and accessible only on the
basis that the requester is the person in interest, no form of
identification shall be required to request or inspect public records.
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 25th day of
January, 2024.
EAGLE RIVER WATER & SANITATION DISTRICT
By:
Dick Cleveland, Chair
Attest:
Robert Warner, Jr., Secretary
District contact information for open records request:
Brian Thompson
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Names of District Board Members
Board President
Name Dick Cleveland
Contact Info invcleveland@gmail.com
Election No, this office will not be on the next regular
election ballot
Board Member 2
Name Rick Pylman
Contact Info Rick@Pylman.com
Election Yes, this office will be on the next regular election
ballot
Board Member 3
Name Steve Coyer
Contact Info scoyer@hotmail.com
Election Yes, this office will be on the next regular election
ballot
Board Member 4
Name Sarah Smith Hymes
Contact Info ssmithhymes@erwsd.org
Election No, this office will not be on the next regular
election ballot
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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, Jr
Contact Info robertwarnerjr@gmail.com
Election No, this office will not be on the next regular
election ballot
Board Member 7
Name Timm Paxson
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
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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 current 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.
Brian Thompson Designated Election Official elections@erwsd.org;
phone 970-476-7480
Applications for absentee voting or for permanent absentee voter
status are available from and must be returned to the Designated
Election Official.
Brian Thompson Designated Election Official elections@erwsd.org;
phone 970-476-7480
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Notice Completed By
Name
Brian Thompson
Company/District
Eagle River Water & Sanitation District
Title
Government Affairs Supervisor
Email
bthompson@erwsd.org
Dated
01/08/2025
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