Here is the link to the meeting Tuesday, August 13, 2024 at 6:00 pm
https://greenmountainwater-org.zoom.us/j/81489465906
Here is the agenda and related documents:
https://www.greenmountainwater.org/files/3eb76e4c8/2024_0813_GMWSD_Board+Regular+Meeting+Agenda.pdf
https://www.greenmountainwater.org/big-sky-update-and-settlement-proposal
2024_07_30_Memorandum of Understanding_Green Mountain
Relevant text of the agenda:
“8. Director’s Matters
a. Ravine Bridge Discussion of Agreement
b. Ravine Crossing Plan for Lakewood Submittal
c. 11907 W Alameda Pkwy Plan Approval Request
d. Discuss Lobbyist Contract Renewal
e. Discussion and Vote on request for overlapping district – The Bend @ Lakewood MD (at
4th and Union)
i. Presentation by Coloradans for Metro District Reform, John Henderson
f. Discuss a Public Hearing for Federal Center Study Results
9. Legal Matters (Dylan Woods, Title 32 Attorney for the District)
10. Executive Session Executive Session pursuant to §24-6-402(4)(b) and/or §24-6-402(4)(e), C.R.S. for the purpose of receiving legal advice regarding:
a. Big Sky mediation and settlement negotiations
b. Ravine bridge agreement (if needed)
11. Legal Matters – Any actions resulting from executive session
a. Discussion and vote on proposed settlement offer as per Memorandum of
Understanding dated July 30, 2024″
[End of quoted text from Agenda]
Note this provision in the formal presentation of the Big Sky settlement proposal:
“Big Sky Update and Settlement Proposal
Green Mountain was sued by Big Sky Metropolitan District No. 1, CDN Homes, LLP, and Cardel Homes U.S. Limited Partnership. Collectively, the Plaintiffs allege that Green Mountain anticipatorily repudiated (i.e. improperly breached) the Intergovernmental Agreement entered into between Green Mountain and Big Sky, which was intended to benefit CDN and Cardel, and that Green Mountain’s actions have violated various laws by preventing Plaintiffs from developing the property. The Plaintiffs seek various remedies, including specific performance and/or damages in excess of $60 million.
Court-ordered mediation took place on Monday, July 29, 2024, between Green Mountain, Big Sky, CDN, and Cardel. No settlement agreement was reached; however, the two representative board members in attendance, Karen and Dave, received a settlement proposal from the Plaintiffs and agreed to present that proposal to the full Board of Directors. The following memorandum reflects the terms of the settlement proposal made by Plaintiffs, which will be presented at the next Board Meeting on August 13, 2024.”
[End quoted text]
It is important to note for the purposes of this formal presentation,
- the district has not presented Green Mountain’s defense, most notably, the reason stated by the board to terminate the IGA: the Big Sky IGA violated the Big Sky Service Plan by creating a new sanitation district “master meter” for all of Rooney Valley.
- One obvious response to the claim that Green Mountain is “preventing” Big Sky and Cardel from developing the property is that
- there is no obligation on the part of Green Mountain to provide service to developments outside its district boundary.
- The District Court made this finding in the Solterra case.
- In addition, Big Sky has conceeded they have other alternatives,
- One alternative is obtaining service from the sanitation district that covers Rooney Valley and is providing service to Red Rocks Center to the south of the Big Sky and Cardel parcels – Mt. Carbon.
See discussion:
Public Hearing on Green Mountain Providing Sewer Service to Big Sky and Cardel Outside the District