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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, May 13, 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

Also present were:

  • Dylan Woods, Title 32 Attorney
  • Josh Stanley, District Manager, GMWSD
  • Sam R. McKay, GMWSD
  • Jesse Davenport, GMWSD
  • Marcos Pacheco, CRS
  • Jim Landry, RG and Associates
  • Arthur Martinez
  • Dave Garner
  • Phillip Hardinger
  • Other Guests

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 6:32 p.m.

Approval of/Deletions from the Agenda:

  • The agenda was reviewed by the Board. Following review, Director Wendell MOVED to return disclosure matters back to the agenda. Director Morgan seconded, following discussion and upon vote the Motion PASSED by majority with Director Wiechman abstaining. (3:06)

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.

  • Arthur Martinez: Commented on that he was elected to the Board and should be sworn in during the meeting but it was blocked by Director Morgan. He expressed concerns regarding voting power and representation.
  • Phillip Hardinger: Observed a City of Lakewood meeting and their process. He informed the Board that the City nor Lincoln Properties would be looking to the District regarding any negotiations, being that the perception is that the District refuses to negotiate. He informed that Lincoln Properties was looking to create a new special district, which would exclude the District from future negotiations.
  • Dave Garner: Spoke to the City staff analysis, reporting that the District voted to not service the new development. He informed that he wished for the City to correct this error. The majority City council did not appear interested.
  • Arthur Martinez: Commented that he was being sued by a developer and wished it noted being that he does not have any protections.

Approval of Minutes:

  • a. April 8, Meeting Minutes
    • The agenda was reviewed by the Board. Following review, Director Wendell MOVED to return disclosure matters back to the agenda. Director Morgan seconded, following discussion and upon vote the Motion PASSED by majority vote with Director Wiechman against. (20:25)

Financial Matters:

  • The Board reviewed through March 2025 Daily/Monthly Operating Expenses & Capital Expenditures. Director Wendell noted legal expenses and expressed concern regarding legal use by Board members causing some of the expenses. (21:42)
  • Continuing his report, Director Wendell touched upon ADA compliance and available materials on the website, election expenses, certificates of deposits doing well, cost of water sold, Badger Meter rebate, delinquent/shutoff charges, and summarized operating expenses. (22:58)
  • Director Morgan MOVED to approve the operating expenses and expenditures, as well as the unaudited financial statements for the period ending April 30, 2025. Director Wendell seconded, following discussion and upon vote the Motion PASSED by majority with Director Wiechman against. (26:43)

District Reports:

  • a. Maintenance Report
    • Mr. Stanley reported that there were no water main breaks for the month of April, updates were being made for Denver Water integrated service agreement, tank cleaning and repairs, and regular maintenance continued. (28:01)
  • b. District Manager Report
    • Mr. Stanley informed the Board that HB25-1211 had passed in both State houses, but it has yet to be signed. He provided updates regarding continuing development and installations within the District’s boundaries. (31:18)
    • Mr. Stanley reviewed the infrastructure replacement projects. He provided that the DIRP #1 project was to start in the next few weeks, and the DIRP #2 project’s notice of award was with RG and Associates. He informed the Board that the DIRP #3 sewer project’s start date was to be finalized in the near future. (33:17)
    • The Board discussed future planning with Mr. Stanley for budgeting and projects, regarding bid timing, project guidelines, and established fee structure funding. (34:24)

Directors Matters:

  • a.       Election Results (37:47)
    • Mr. Pacheco presented the three successful candidates for the available vacancies were David Wiechman, Arthur Martinez, and Roger Wendell. He informed that 28,204 ballots were sent out and that 3,137 ballots were returned. The Board discussed all electors receiving ballots as in comparison to the previous election. Mr. Pacheco confirmed that all electors were included in the County list.
  • b. DIRP #2 Bid Tabulation Presentation and Notice of Award Recommendation by RG and Associates (40:34)
    • Jim Landry with RG and Associates informed that there was a great response to the project advertisement. He presented a comparison of costs and difference in bid amounts. Mr. Landry also covered the qualification process and reference checks. Based on responsibility and price, he recommended that Diaz be awarded the contract. Mr. Stanley recommended that the project be awarded to Diamond since Diaz was awarded DIRP #1, and he did not was to overload one contractor as per previous experience.
    • The Board discussed the contractors and recommendations. Following consideration, Director Wendell MOVED to award the DIRP #2 project to Diamond. Director Morgan seconded the Motion. The Motion PASSED unanimously. (45:11)
  • c. Prohibitory Injunction Information (47:34)
    • Mr. Woods presented that the lawsuit had been filed, but the judge had denied the request for an injunction, and the lawsuit is over. There is no action necessary. Mr. Woods summarized the lawsuit for those in attendance that was initiated by Director Wiechman, which was dismissed for insufficient legal basis.  
  • d. Declaration of Vacancy (51:11)
    • Mr. Woods presented information regarding vacant seats and that Director Little’s seat was vacant as no one had completed a self-nomination form for a two-year term.
  • e. Curing Board Vacancy: Appointing New Director (52:33)
    • Director Wendell MOVED to fill the vacant seat on the Board. (52:33) The Board discussed the voting results, vacancies on the Board, and the potential options to fill the vacancies. Director Morgan seconded the Motion. (1:08:01) Following discussion, Director Wendell AMENDED his Motion to fill the vacancy to appointing Phillip Hardinger to fill the vacant two-year term Board position. Director Morgan seconded the Motion. Upon vote, the Motion PASSED unanimously. (1:12:45)

Legal Matters:

  • Mr. Woods informed the Board that there were no litigation updates other than the receipt of the Big Sky litigation court order in regard to the District providing service. The Board discussed litigation roles and attorney/client confidentiality. (1:14:10)

Executive Session:

  • At 8:10 p.m., Director Wendell MOVED to go into Executive Session. Director Morgan seconded the Motion. The Motion PASSED by unanimous consent. (1:22:40)
  • 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. (1:23:56)
  • The Board concluded the Executive Session at 8:45 p.m. (1:24:06)

Legal Matters – Action Resulting from Executive Session

  • None.

New Business:

  • Director Wendell thanked City Councilman Rich Olver for his work on behalf of Lakewood citizens and the District. He also discussed term limits and wished to see the limit eliminated. The Board discussed the process and options regarding term limits with Mr. Woods. (1:25:07)

Other Matters:

  • None.

Adjourn:

  • The meeting was adjourned at 8:54 p.m.