MEMORANDUM TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: October 15, 2020 RE: October 22, 2020, Special Board Meeting This memorandum shall serve as notice of the Special Board of Directors Meeting of the Eagle River Water & Sanitation District: Thursday, October 22, 2020 1:00 p.m. This meeting will be held via Microsoft Teams to ensure compliance with state and local requirements to protect public health at this time. Call-in information is available prior to the meeting by emailing [email protected]. Cc public items: Board Materials via Email: ERWSD Managers Bob Armour, Vail resident Ken Marchetti, Marchetti & Weaver, PC Caroline Bradford, Independent Consultant Robert Lipnick, Vail resident Rick Sackbauer, Vail resident Cliff Thompson, IKS Consulting BOARD OF DIRECTORS SPECIAL MEETING October 22, 2020, 1:00 P.M. 1. Consultant/Guest Introduction 2. Public Comment• 3. Action/Other Items 3.1. Appointment of Director to fill Director District 5 Vacancy 3.1.1. Board Committee Membership☼ 3.2. Meeting Minutes of Sept. 24, 2020, Joint Meeting with UERWA☼ 3.3. Resolution of Support: Eagle River Fire Protection District Ballot Issue A☼ 3.4. Consent Agenda: Contract Log☼ 3.5. Information Reports 3.5.1. Development Report* 3.5.2. Authority and District Committees 3.5.3. Authority September Meeting Summary – draft* 4. Strategy Items 4.1. Board Member Input 5. General Manager Report – Linn Brooks* 5.1. General Manager Information Items 5.2. Operations Report – Siri Roman, Brad Zachman* 5.2.1. CDOT West Vail Pass Auxiliary Lane Environmental Assessment 5.2.2. Eagle Mine Consent Decree 5.3. Engineering Report – Jason Cowles 5.4. Communications and Public Affairs Report – Diane Johnson* 6. General Counsel Report – Jim Collins 7. Water Counsel Report – Glenn Porzak 8. Executive Session pursuant to § 24-6-402(a)(b) and (e), C.R.S. 8.1. General Counsel Review of Matters in Negotiation – Jim Collins† 8.1.1. Capital Cost Recovery Policy – Jason Cowles† 8.2. Water Counsel Review of Matters in Negotiation – Glenn Porzak 8.3. General Manager Review of Matters in Negotiation – Linn Brooks 8.3.1. Water Commitments 8.3.2. Consolidation 8.3.3. Bolts Lake 9. Adjournment ☼ Action Item Attachment * Informational Attachment † Confidential Attachment • Public comment of items not on the agenda is limited to three minutes per person on any particular subject for which public comment is accommodated, pursuant to § 18-9-108, C.R.S. This is a remote meeting and will be held virtually; for Microsoft Teams information to join the meeting, please contact [email protected] prior to the meeting. COMMITTEES DISTRICT AUDIT/BUDGET EMPLOYEE HOUSING RETIREMENT PLANS Dick Cleveland Steve Coyer Steve Coyer Steve Coyer Dick Cleveland Linn Brooks Melissa Mills McLoota James Wilkins ORGANIZATIONAL FACILITIES MASTER DEVELOPMENT PLAN (FORMERLY REAL ESTATE AND NEW DEVELOPMENT) Bill Simmons George Gregory Dick Cleveland Vacant AUTHORITY AUDIT/BUDGET Geoff Dreyer George Gregory JOINT WATER QUALITY RULES AND REGULATIONS WATER DEMAND MANAGEMENT Sarah Smith Hymes (A) Kim Bell Williams (A) Mick Woodworth (A) Timm Paxson (D) Bill Simmons (D) Steve Coyer (D) CLIMATE ACTION PLAN UNIFICATION UNIFICATION AND UNALLOCATED WATER Sarah Smith Hymes (A) Steve Coyer (D) Geoff Dreyer (A) Timm Paxson (D) Sarah Smith Hymes (A) Sarah Smith Hymes (A) Kim Bell Williams (A) Steve Coyer (D) ? Bill Simmons (D) (A) = Authority (D) = District EAGLE RIVER WATER & SANITATION DISTRICT A RESOLUTION OF SUPPORT FOR THE EAGLE RIVER FIRE PROTECTION DISTRICT BALLOT ISSUE A TO STABILIZE PROPERTY TAX REVENUE WHEREAS, an amendment to the Colorado Constitution known as the “Gallagher Amendment” coupled with another provision of the Colorado Constitution known as “TABOR” impacts the property tax revenue the voters have authorized all special districts and municipalities to assess and collect, because it requires the State to adjust the “residential assessment rate” used to calculate taxes owed based upon a set formula; and WHEREAS, previous adjustments required by the Gallagher Amendment have reduced the residential property tax rate from 21% to 7.15%, resulting in significant reductions in residential property tax revenue to the Eagle River Fire Protection District (“Eagle River Fire”) necessary to provide fire, emergency medical and other emergency services, including wildfire response; and WHEREAS, the Gallagher Amendment Repeal and Property Tax Assessment Rates Measure (the “Gallagher Amendment Repeal Measure”) will appear as Amendment B on the state ballot in the November 3, 2020 general election, as set forth in Senate Concurrent Resolution 20-001, which would freeze property tax assessment rates at the current rates of 7.15% for residential property and 29% for non-residential property; and WHEREAS, if the Gallagher Amendment Repeal Measure does not pass, the Residential Assessment Rate is anticipated to drop from 7.15% to 5.88% in 2021, which would result in a substantial decrease in residential property tax revenue to be received by Eagle River Fire; and WHEREAS, if the Gallagher Amendment Repeal Measure does not pass, Eagle River Fire will be required to cut spending on essential emergency services, which will decrease Eagle River Fire’s ability to provide lifesaving services to the community; and WHEREAS, instead of reducing Eagle River Fire’s services, the Eagle River Fire’s voters can authorize it, without increasing net tax revenues, to adjust its mill levy rate to offset any future reductions to the residential assessment rate required by the Gallagher Amendment and thereby stabilize its revenue; and WHEREAS, the Eagle River Fire’s Board of Directors has determined that the public interest and necessity require that Eagle River Fire place before the voters Ballot Issue A to allow Eagle River Fire to adjust its general operating mill levy rate in future years to offset the Gallagher Amendment revenue reductions, to allow it to provide fire, emergency medical and other emergency services, including wildfire response; and Page 2 WHEREAS, the Eagle River Water & Sanitation District (District) adheres to the Colorado Fair Campaign Practices Act, which expressly authorizes local governments to adopt and distribute in normal fashion a Resolution regarding any ballot issue of import to that local government. NOW, THEREFORE, be it resolved by the Board of Directors of the Eagle River Water & Sanitation as follows: 1. Support for Ballot Issue A. The District does express its strongest possible support for the Eagle River Fire Protection District Ballot Issue A authorizing it to adjust its mill levy rate to stabilize tax collections, as will be placed before the voters for a November 3, 2020 decision. 2. Public Necessity. The District further confirms that protecting the Eagle River Fire Protection District against the adverse impact of the Gallagher Amendment is vitally important and necessary to enhancing and continuing to support the health, safety and welfare of all current and future residents and property owners within the Eagle River Fire Protection District. 3. Public Support. The District urges electors of the Eagle River Fire Protection District to join in its support by VOTING YES on the Eagle River Fire Protection District Ballot Issue A at the November 3, 2020, election. ADOPTED this 22nd day of October 2020. By Bill Simmons, Chair ATTEST: George Gregory, Secretary Vote Yes on Issue A Protect Eagle River Fire’s Critical Services Voting Yes on Issue A will allow Eagle River Fire Protection District (ERFPD) to maintain critical fire protection services and ensure that our community can count on its fire and emergency services when needed, that our firefighters are safe and well-equipped, and that Eagle River Fire can address wildfires and other significant emergencies. ✓ Issue A allows Eagle River Fire to stabilize its current property-tax rates to maintain current service levels and does not allow the district to increase any property-tax rates. ✓ Issue A is similar to measures overwhelmingly approved by Eagle County voters for Greater Eagle Fire Protection District, Gypsum Fire Protection District, Basalt and Rural Fire Protection District and Eagle County Health Service (ambulance) District. Colorado’s Gallagher Amendment negatively impacts mountain fire districts by reducing the residential assessment rate for property taxes to maintain a mandated statewide ratio between residential and commercial property taxes. General Assembly may reduce the assessment rate in 2021, which would force Eagle River Fire to cut its budget by $500,000. While the state Legislature has referred a statewide measure to the November ballot to address this issue, the chances of that passing are slim, at best. ✓ Issue A is a local response to this continuing problem, caused primarily by growth along the Front Range. ERFPD plays a significant role in our community’s response to the COVID-19 pandemic and wildfires that threaten lives and property in Eagle County. ✓ During these large, challenging emergencies, Eagle River Fire continues to respond to daily calls such as fires, accidents and health emergencies. ✓ Potential budget cuts – forced by the Gallagher Amendment – will lead to reductions in critical emergency services by the Eagle River Fire. Voting Yes on Issue A will allow Eagle River Fire to maintain current service levels and does not authorize the district to increase property-tax assessment rates. Recent funding shortfalls, some caused by Gallagher, have forced the district to cut three firefighter positions. At the same time, the district’s population, especially among senior citizens, and emergency call volumes continue to increase. o Over the past 5 years alone, emergency calls have jumped 10 percent to an average of seven emergency calls per day. Eagle River Fire will mail a separate ballot to eligible voters in the district during the week of Oct. 12. ✓ Fire District Board opted to send a separate ballot containing only Issue A to help voters recognize the importance of addressing Gallagher’s impact to fire protection and emergency services.