Meeting Minutes
A Regular Meeting of the Board of Directors (the “Board”) of the Green Mountain Water and Sanitation District, (the “District”) was held at 6:30 p.m. on Tuesday, April 8, 2025.
Attendance:
A regular meeting of the District was scheduled in compliance with the laws of the State of Colorado, with the following directors in attendance:
- Karen Morgan, President
- Dave Wiechman, Vice President
- Roger Wendell, Treasurer
- Randy Little, Secretary
- Arthur Martinez, Director
Also present were:
- Dylan Woods, Title 32 Attorney
- Josh Stanley, District Manager, GMWSD
- Sam R. McKay, GMWSD
- Jim Landry, RG
- W. O'Connell, litigation attorney
- Karen Gordey
- Ludmila
- Jiayi Liu
- Jim Boch
- Mike B
- Peter Wall
- Tyler
- Steve
Call to Order / Declaration of Quorum:
- Noting a quorum of the Board, Director Morgan called to order the Regular Meeting of the Board of the Green Mountain Water and Sanitation District at 6:33 p.m.
Directors & Disclosure Matters:
- None.
Approval of/Deletions from the Agenda:
- The agenda was reviewed by the Board.
Public Comment:
- Members of the public members of the public wishing to address the board during the public comment period are asked to indicate the agenda item number or public comment period next to their name on the sign-in sheet. Members of the public will then be recognized by the Board as each agenda item is undertaken.
- Karen Gordey: Commented on the contamination of the Bend Project. Karen raised questions regarding delineation of contaminated areas and proper markings and testing of the land for hazardous chemicals.
- Ludmila: Commented on communications regarding bill 1211 and candidates for the District Board.
Approval of Minutes:
- a. February 11, 2025, and March 11, 2025, Meeting Minutes
- Director Little MOVED to accept the February 11th and March 11th. Director Martinez seconded, following discussion and upon vote the motion PASSED unanimously. (7:50)
Financial Matters:
- The Board reviewed through March 2025 Daily/Monthly Operating Expenses & Capital Expenditures. Director Wendell noted financial solvency, investments, and revenues for the year. (9:10)
- Continuing his report, Director Wendell touched upon typical office expenses, reviewed the sewer treatment expenses, and the health of the market. (10:50)
- Director Wendell MOVED to approve the operating expenses and expenditures, as well as the unaudited financial statements for the period ending March 31, 2025. Director Little seconded, following discussion and upon vote the motion PASSED unanimously. (13:20)
- Director Morgan addressed the Holland and Hart legal expenses. Following discussion and consideration, Director Morgan MOVED to incur no new expenses without primary legal counsel involvement. (13:50)
- Following discussion, Director Morgan AMENDED her motion to incur no new legal expense not to exceed $1,000.00 without prior Board approval, excluding the District’s general counsel. Director Little seconded. Following discussion and upon vote, the motion PASSED with four members in favor and Director Wiechman opposed. (28:20)
District Reports:
- a. Maintenance Report
- Mr. Stanley reported on mainline water breaks, repair responses, and repair statuses. He recommended potential preventative measures to relieve pressure in some areas that may experience similar problems. (40:38)
- The Board discussed conflicting utility lines and easement use with Mr. Stanley. (45:29)
- b. District Manager Report
- Mr. Stanley informed the Board on the election status and the District’s dedicated page on the website. There are still six total candidates, and the ballots will be delivered between the 14th and the 21st. The Board discussed the identification of ballot boxes, the election process, and vacancies with Mr. Woods. (51:48)
- Mr. Stanley updated the Board on HB25-1211. Following, discussion occurred regarding testimonials to be presented, notices, and getting information in front of the senators on how this bill would affect the District. (58:40)
- Mr. Stanley presented the status on development regarding current submissions under review. The Board discussed the various projects within the District’s boundaries. (1:03:14)
- Mr. Stanley reviewed the infrastructure replacement projects. He provided that the 2024 RFP was completed and that the 2025 RFP was currently being advertised for receiving proposals. (1:08:22)
Directors Matters:
- a. Discuss and Vote to Amend District Bylaws (1:17:50)
- Mr. Stanley presented the current process and stipulations that the District follows for bid requests as found in the District’s Bylaws. Following discussion and consideration, Director Wendell MOVED to amend the Bylaws, updating the bidding procedures. Director Martinez seconded the Motion. The Motion PASSED by unanimous consent. (1:26:19)
- b. Staff Resolution (1:26:51)
- Director Morgan explained the need for changes as requested by Mr. Stanley. The Board discussed the changes found in the Staff Resolution. Director Wendell MOVED to adopt the Staff Resolution. Director Martinez seconded the Motion. The Motion PASSED by majority vote with Director Little opposed. (1:35:43)
- c. DIRP #1 Bid Tabulation Presentation and Notice of Award Recommendation by RG and Associates (1:43:43)
- Jim Landry with RG and Associates presented his recommendation of award letter. He informed the Board on the tabulation process, reviewing bidders, and his findings of interest in the bids received. Mr. Landry recommend Diaz and provided previous working history with the contractor. Director Martinez MOVED to award the bid to Diaz for $768,762. Director Wendell seconded the Motion. The Motion PASSED by unanimous consent. (1:51:36)
Legal Matters:
- a. 2025CV030387 – Lakewood Land Partners LP v. Green Mountain Water and Sanitation Dist.et al (1:54:00)
- Mr. Woods provided general updates regarding receipt of redlined counterproposal from the City of Lakewood, Timmons litigations was in the discovery phase, and that the Big Sky litigation may be completed in the near future. Furthermore, the District was sued by the developer in the Bend litigation. The CSD Pool has provided representation for the District.
- Director Little MOVED to table all legal decisions until after the election. Director Wiechman seconded the Motion. The Motion FAILED by a majority opposed with Directors Little and Wiechman in favor. (2:00:06)
- Mr. Woods presented a synopsis on the lawsuit regarding the developer in the Bend litigation case. (2:04:30)
Executive Session:
- At 8:52 p.m., Director Martine MOVED to go into Executive Session. Director Little seconded the Motion. The Motion PASSED by unanimous consent. (2:18:27)
- The Executive Session held pursuant §24-6-402(4)(b) and/or §24-6-402(4)(e), C.R.S. for the purpose of receiving legal advice regarding the Bend litigation. (2:18:57)
- The Board concluded the Executive Session at 10:10 p.m. (2:19:04)
- At 10:11 p.m., Director Morgan MOVED to go into Executive Session. Director Martinez seconded the Motion. The Motion PASSED by unanimous consent. (2:19:41)
- The Executive Session held pursuant §24-6-402(4)(b) and/or §24-6-402(4)(e), C.R.S. for the purpose of receiving legal advice regarding the Ravine Structures (2:20:06)
- The Board concluded the Executive Session at 10:42 p.m. (2:20:12)
Legal Matters – Action Resulting from Executive Session
- Director Morgan requested an agenda item at the next meeting for an executive session to discuss legal advice regarding HB25-1211. (2:21:02)
- Director Martinez MOVED to discuss and add the Federal Center item to the next agendas. Director Wiechman seconded the Motion. Following discussion, the Motion PASSES by a majority in favor with Director Morgan opposed. (2:31:11)
- Director Martinez MOVED to hold a meeting prior to the election. Director Wiechman seconded the Motion. Following discussion, a vote was not taken. (2:31:36)
New Business:
- None.
Other Matters:
- The Board discussed ensuring that a District map was on the District’s website.
Adjourn:
- The meeting was adjourned at 10:59 p.m.