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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, August 12, 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
  • Roger J Wendell, Vice President/Secretary
  • Philip Hardinger, Treasurer
  • David Wiechman, Director
  • Arthur Martinez, Director

Also present were:

  • Dylan Woods, Title 32 Attorney
  • Josh Stanley, District Manager, GMWSD
  • Sam R. McKay, GMWSD
  • Jesse Davenport, GMWSD
  • Josh Baile, Olsson
  • Ludmilla
  • Dave Garner
  • Other Guests

Call to Order / Declaration of Quorum:

  • Noting a quorum of the Board, Director Wendell called to order the Regular Meeting of the Board of the Green Mountain Water and Sanitation District at 6:30 p.m.

Approval of/ Additions to /Deletions from the Agenda:

  • The agenda was reviewed by the Board. Director Wiechman MOVED to amend the agenda by removing all directors matters except Consideration of revised settlement agreement – LLP . Director Martinez seconded, upon vote, the Motion FAILED unanimously. (4:27)
  • The agenda was reviewed by the Board. Director Wendell MOVED to amend the agenda by adding two items (CSafe update and discussion of Denver water fluoride letter from board of directors. Director Hardinger seconded, upon vote the Motion PASSED by unanimous vote. (14:09)

Public Comment:

  • 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.
  • Dave Garner: Informed the Board on a comment from his wife regarding postcard sent to public. Interested in Ravine discussion update. He also discussed Board decorum.
  • Ludmila: Pleased that the ravine was being discussed as well as the progress on a bridge design.

Approval of Minutes:

  • a. July 8 & July 15, Meeting Minutes
    • The Board reviewed the minutes and discussed corrections including spelling of names and correctness of titles. Following review, Director Wendell MOVED to accept the minutes as amended. Director Hardinger seconded, following discussion and upon vote the Motion PASSED by majority vote with Director Wiechman and Martinez against. (24:13)

Financial Matters:

  • a.       Daily/Monthly Operating Expenses & Capital Expenditures
    • The Board reviewed through May 2025 Daily/Monthly Operating Expenses & Capital Expenditures. Director Hardinger noted the CSAFE predictive models and content from the reports were helpful and well made. District’s solvency and investment standings. He discussed the status of website file ADA compliance with the Board and management. (25:43)
    • Continuing the report, Director Wendell touched upon the CSAFE meeting regarding deposits, safety, interest rates, future interest rates, the Fed’s potential movements, and that the District was moving in the right directions. Director Martinez discussed a negative variance under office and grounds, water usage being down. The Board discussed the rise in repair costs and restorations with Mr. Stanely. (27:02)
  • b.      Unaudited Financials & Investment Report
    • Director Hardinger MOVED to approve the operating expenses and expenditures, as well as the unaudited financial statements for the period ending May 31, 2025. Director Wiechman seconded, following discussion and upon vote the Motion PASSED by unanimous approval. (31:52)

District Reports:

  • a.       Sewer model presentation by Olsson
    • Director Wiechman questioned the reason behind the inclusion of the numbers in the report and asked for clarification. Mr. Baile presented to the Board the role Olsson has in assessing the sewer system and gauging flow and pipe size, providing context for the numbers in the report. Mr. Baile presented details in the report and the monitoring process along with the testing equipment. The Board discussed the effects of rain in the report with Mr. Stanley and Mr. Baile. Mr. Baile recommended that the study area needed to be expanded, and he discussed further details found in the report, such as capacity and new connections, with the Board. (32:17)
  • b.      Maintenance Report
    • Mr. Stanley reported that there was on one main line breaks for the month of July—ten breaks year to date—and the amount was trending in a good direction, which was lower than 25 breaks per year. He presented information regarding the ravine and the letter presented by RG regarding the bridge. (1:07:35)
  • c.       District Manager Report
    • Mr. Stanley informed the Board that development reviews was a meeting proposed with a multifamily development and discussed improvements. He discussed a potential hotel project. He provided an update regarding Big Sky and the response to Jeff Co. (1:14:29)
    • Mr. Stanley reviewed the infrastructure replacement projects. He informed that DIRP #s 1 & 2 were moving forward really well in regard to disinfection. DIRP #1 was expected to finish in a couple of weeks, and DIRP #2 sewer lining project was complete. (1:22:53)

Directors Matters:

  • a.       Consideration of revised settlement agreement – LLP
    • Mr. Woods provided an update that the counter proposal was accepted. Mr. Woods recommended that the agreement be approved and executed by the Board. Following consideration, Director Morgan MOVED to accept and execute the agreement with LLP. Director Martinez seconded, following discussion scheduling a special meeting for August 19, and upon vote the Motion PASSED by majority vote with Director Wiechman against. (1:28:56)
  • b.      RG analysis of Lakewood report on concrete ravine structure
    • The Board determined that there was no further conversation needed on this topic. (1:30:59)
  • c.       Discuss filling the secretary vacancy
    • Director Wendell discussed the need to fill the Secretary position with the Board. Director Wendell MOVED to nominate a secretary at this meeting. Director Morgan seconded, following discussion, the motion was amended by substitution for Director Wendell to be Secretary and Vice President, seconded by Director Hardinger and consideration, and upon vote, the Motion PASSED by majority vote with Director Wiechman against. (1:31:22)
  • d.      Bylaws update – contract provisions
    • Director Morgan presented the proposal to add language to future contracts for terminating them at the will of the Board. Following discussion with Mr. Woods, the Board reviewed the modified termination language, including modified language regarding TABOR law. (1:33:48) Director Wendell MOVED to accept the updated contract provisions. Director Hardinger seconded, following discussion and consideration, and upon vote, the Motion PASSED by majority vote with Director Wiechman against. (1:44:56)
  • e.       Discuss hiring an expert water attorney
    • Director Morgan presented the need to hire an expert water attorney for a one time IGA review, considering past history with the Big Sky IGA. She discussed the potential water agreement for treating water west of the District. The Board directed Mr. Woods to provide recommendations for a water attorney at the next meeting.
  • f.        Discuss CSAFE Meeting
    • The Board determined that no further conversation was needed on this topic. (1:53:25)
  • g.      Discuss Fluoride Letter
    • Director Wendell discussed the letter drafted by Mr. Stanley and provided his compliments for the letter regarding the contentious issue. (1:53:32) Following discussion regarding opinions and research, Director Wendell MOVED to send the letter. Director Hardinger seconded, following discussion and consideration, and upon vote, the Motion PASSED by majority vote with Directors Wiechman and Martinez against. (1:56:51)

Legal Matters:

  • a.       Legal implications of Lakewood Comprehensive plan adoption
    • Mr. Woods presented the materials regarding the Lakewood Comprehensive plan. Director Morgan informed that the plan had passed regarding increasing residential density. Mr. Woods provided the recourse available to the District through a written objection. The Board discussed the objection process with Mr. Woods. (1:57:53) Following Discussion, Director Morgain MOVED that Green Mountain Water objects to the Lakewood comprehensive plan. Director Hardinger seconded, following discussion and consideration, and upon vote, the Motion PASSED by unanimous vote. (2:08:34)
  • b.      Discuss suggested language for contract termination provisions
    • The Board determined that no further conversation was needed on this topic. (2:10:53)

Executive Session:

  • At 8:42 p.m., Director Wendell MOVED to go into Executive Session. Director Hardinger seconded the Motion. The Motion PASSED by unanimous consent. (2:11:23)
  • 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 Timmins case status and mediation. (2:12:03)
  • The Board concluded the Executive Session at 9:28 p.m. (2:12:34)
  • Legal Matters – Action Resulting from Executive Session
  • Director Wendell MOVED to approve the expense of mediation invoice. Director Martinez seconded the Motion. The Motion PASSED by unanimous consent. (2:13:48)

New Business:

  • Director Morgan discussed comments received from the previously sent postcard. She mentioned need to keep an eye on a club carwash.

Adjourn:

  • The meeting was adjourned at 9:33 p.m.

_______________________________         

Roger J Wendell, Vice President/Secretary