MEMORANDUM TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: January 13, 2016 RE: January 21, 2016, Board Meeting This memorandum shall serve as notice of the Special Board of Directors Meeting of the Eagle River Water & Sanitation District: Thursday, January 21, 2016 12:00 p.m. Eagle River Water & Sanitation District Office Walter Kirch Room 846 Forest Road Vail, CO 81657 Cc: Board Materials via Email: ERWSD Managers Caroline Bradford, Independent Consultant Ken Marchetti, Marchetti & Weaver, PC Dan Clayton, Brown & Caldwell Virginia Egger, town of Avon Amy Greer, Stan Bernstein & Associates, Inc. Jonathan Heroux, Piper Jaffray & Co Tambi Katieb, Land Planning Collaborative, Inc. Jim Lamont, Vail Homeowners Association Lee Leavenworth, Loyal E. Leavenworth, PC Holly Loff, Eagle River Watershed Council Timm Paxson, Eagle River Watershed Council Cliff Thompson, IKS Consulting Bob Weaver, Leonard Rice Engineers BOARD OF DIRECTORS SPECIAL MEETING January 21, 2016, 12:00 p.m. 1. Consultant/Guest Introduction 2. Public Comment• 3. Public Hearings on New Fees 3.1. Adoption of Irrigation Account Impact Fee – John McCaulley and Elena Jones* 3.2. Cash in Lieu of Water Rights Fee Increase – Glenn Porzak* (to be emailed Tuesday, January 19) 4. Action Items 4.1. Meeting Minutes of December 17, 2015, Regular Meeting☼ 4.2. Resolution Approving Meeting Place and Posting Location – Catherine Hayes☼ 4.3. Director Election Resolution – Leslie Isom☼ 4.4. Dennis Gelvin Contract Renewal – Linn Brooks☼ 4.5. Consent Agenda: Contract Log☼ 5. Strategy Items – none 6. General Manager Report – Linn Brooks* 6.1. Information Items 6.1.1. Traer Creek Tank Update – Jason Cowles 6.1.2. Current Alpine Engineering Contracts – Linn Brooks 6.2. Finance Report – James Wilkins* 6.2.1. December Water Sales 6.2.2. Development Impact Fee Revenue Report – December 6.2.3. Wastewater Bond Update 6.3. Operations Report* 6.3.1. Wastewater Operations Update – Siri Roman 6.3.2. Urban Runoff Group/Stormwater Update – Siri Roman 6.3.3. Marriott Streamside Pretreatment Application 6.3.4. Eagle Park Reservoir Company Quarterly Report* (to be emailed Tuesday, January 19) 6.4. Public Affairs Report – Diane Johnson* 6.5. Monthly Reports 6.5.1. Authority December Meeting Summary – draft* 6.5.2. Authority and District Committees* ☼ 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. 7. General Counsel Report – Jim Collins† 8. Water Counsel Report – Glenn Porzak 8.1. Wilderness Policy and Position Statement on H.R. 2554* 8.2. Federal Water Rights Directives* 8.3. Federal Legislation – Status of the Water Rights Protection Act 8.4. State Legislation – Colorado Water Rights Protection Act* 8.5. Pre-Compact Water Storage Project – Meeting with Mr. Eklund 8.6. Support of Bolts Ditch Legislation* 8.7. Diligence/Absolute Application for the Vail Whitewater Park* 9. Executive Session pursuant to § 24-6-402(a)(b),(e), and (f), C.R.S. 9.1. General Counsel Review of Matters in Negotiation – Jim Collins 9.1.1. Real Estate Matters 9.1.2. Traer Creek Tank 9.2. Water Counsel Review of Matters in Negotiation – Glenn Porzak 9.2.1. CRCA Project† 10. Adjournment BOARD ACTION REQUEST TO: The Board of Directors of Eagle River Water & Sanitation District The Board of Directors Upper Eagle Regional Water Authority FROM: John McCaulley DATE: January 13, 2016 RE: Joint Resolution to Authorize Adoption of Impact Fees for New Irrigation and Sprinkler Accounts Summary of Subject: Staff requests that the Boards adopt the attached Joint Resolution at their respective January board meetings to authorize the approval of impact fees for new irrigation and sprinkler accounts. Discussion and Background: In June 2014 the District and Authority adopted policies for Water Demand Management. As part of that program, staff determined through the Water System Impact Fee Study that sprinkler and irrigation accounts have high seasonal uses and impact the infrastructure in a manner similar to residential and commercial accounts. Legal Issues: Legal counsel has reviewed and approved the Joint Resolution. Budget Implication: The adoption of the impact fee will raise revenues and should increase capacity for future growth by focusing efforts to reduce excessive outdoor use. Recommendation: Staff recommends that the Boards approve the Joint Resolution to authorize the Public Hearings at the January 21, 2016, Authority and District Board of Directors meetings. Suggested Resolution and Motion: To open a public hearing, discuss the matter, close the public hearing and vote to approve adoption off Impact Fees for New Irrigation and Sprinkler Accounts, as presented. Attached Supporting Documentation: The Joint Resolution to Adopt the Irrigation Water System Impact Fee for New Irrigation and Sprinkler Accounts is attached. Please let me know if you have any questions or would like additional information. Thank you for your attention to this matter. JOINT RESOLUTION OF EAGLE RIVER WATER AND SANITATION DISTRICT UPPER EAGLE REGIONAL WATER AUTHORITY ESTABLISHING IRRIGATION TAP FEES WHEREAS, the Eagle River Water and Sanitation District (“District”) and the Upper Eagle Regional Water Authority (“Authority”) are each political subdivisions of the State of Colorado authorized to provide water service and to impose rates, fees, tolls and charges pursuant to Colorado Revised Statutes § 32-1-1001(1)(j)(I) for the District and § 29-1-204.2(3)(j) for the Authority; and WHEREAS, District and Authority adopted a Water Demand Management Resolution in July 2014 designed to develop a process and fee structure to utilize water more efficiently over time and to use the existing supply to serve an expanding population, while protecting water rights and the natural water resource; and WHEREAS, a Water System Impact Fee Study in 2015 revealed that outside irrigation directly affects the District and Authority system capacity, and that irrigation accounts are not providing an adequate offset to the cost of their impact to the water systems; and WHEREAS, the District and Authority Joint Water Demand Management Team has developed a rational nexus and reasonable proportionality of the actual cost as related to the proposed fees sufficient to establish this Irrigation Impact Fee. NOW, THEREFORE, BE IT RESOLVED by the Boards of Directors of the Eagle River Water and Sanitation District and the Upper Eagle Regional Water Authority do find that the impact of irrigation deserves special attention to assess fees commensurate with the actual impact or cost to the water systems; and do therefore adopt the Irrigation Tap Fee for new accounts connecting to the District and Authority systems, effective March 15, 2016, as attached hereto as Exhibit A. APROVED this 21st day of January, 2016, by a vote of ____ in favor and ____ opposed for the District; and a vote of ____ in favor and ____ opposed for the Authority. Eagle River Water and Sanitation District By: Frederick P. Sackbauer IV, President/Chairman Upper Eagle Regional Water Authority By: George D. Gregory, President/Chairman {00479020.DOCX /} EXHIBIT A IRRIGATION TAP FEES {00479020.DOCX /} Vail Appendix A: One Acre based on budget usage = 4.2 SFE 1 SFE = 10,371 Irrigated sq. ft. $10,800 (1 SFE Water Tap Fee)/10,371 sq. ft. = $1.04 per sq. ft. Example: 25,000 sq. ft. area to be irrigated. 25,000 sq. ft./10,371 sq. ft. = 2.4 SFE = $26,000.00 Impact Fee Water Demand Budget: Outdoor water use = Area (SF) x Climate-based water requirement (inches) x 0.6233 Square Feet 25,000 May June July August September Total Coverage Inches 2 3.5 4.1 3.5 2.3 15.40 Gallons 31,000 54,000 64,000 55,000 36,000 240,000 RESOLUTION REGARDING APPROVAL OF MEETING PLACE AND POSTING FOR MEETINGS WHEREAS, Special Districts are required by Subsection 24-6-402(2)(c), C.R.S., to designate annually at the District Board’s first regular meeting of each calendar year, the location of the regular meeting and the place at which notice will be posted for each regular and special meeting. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF EAGLE RIVER WATER & SANITATION DISTRICT AS FOLLOWS: 1. The location of the Eagle River Water & Sanitation District offices, 846 Forest Road, Town of Vail, Eagle County, Colorado be and hereby is approved as the regular meeting place of the District Board. 2. The location of the Eagle River Water & Sanitation District administrative offices, 846 Forest Road, Town of Vail, Eagle County, Colorado be and hereby is approved as the posting place of the regular meeting notices required pursuant to Section 24-6-401, et seq., C.R.S., and said notices shall be posted within the boundaries of the District at least 24 hours prior to each meeting. 3. Notices of regular or special meetings required to be posted at three public places within the District and at the office of the County Clerk and Recorder at least three days prior to said meeting shall continue to be made pursuant to Section 32- 1-903(2), C.R.S. 4. The schedule of regular meetings of the District for 2016 is attached hereto as Exhibit A and incorporated herein by this reference. ADOPTED this 21st day of January, 2016. EAGLE RIVER WATER & SANITATION DISTRICT Secretary (S E A L) EXHIBIT A 2016 Board Meeting Schedules Eagle River Water & Sanitation District Administrative Offices 846 Forest Road, Vail, CO 81657 Walter Kirch Conference Room Meetings held on the fourth Thursday of each month unless otherwise noted Dates January 21* July 28 February 25 August 18* March 24 September 22 April 28 October 27 May 26 November 17* June 23 December 15* *Dates changed to third Thursday.