GLACIER VIEW MEADOWS

ROAD AND RECREATION ASSOCIATION

SEPTEMBER 19, 2001 REGULAR MONTHLY BOARD MEETING

 

PRESENT:

Peggy Bahus-President

Jack Reynolds-Vice President

Chuck Huddleson-Secretary

Gary Stanton-Treasurer

Merle Niehaus-Assistant Treasurer

 

ABSENT:

None

 

STAFF:

Kent Christen-Manager

 

CALL TO ORDER:

Peggy Bahus called the meeting to order at 7:00 PM.

 

MINUTES:

The Minutes of the August 18, 2001 meeting as corrected with the addition of item 2. c. under Glacier Gals concerning Chuck Huddleson to check into liability insurance coverage for Glacier Gals and a comment made by member Paul Porter were submitted for approval with the option of the Board to vote on Chuck Huddleson’s version of item 2. a. under Glacier Gals and Peggy Bahus’s version of the same item.

 

Before voting on the minutes as so submitted, Peggy Bahus read a prepared statement addressed to Chuck Huddleson from her dated September 19, 2001 (attached as a part of these minutes) complaining about the style in which Chuck Huddleson took minutes, demanding the minutes be rewritten and reviewed by Chuck listening to the tapes of the meeting and that the Board hire a professional minute taker. Marsella Johnson also stated that she objected to the manner in which minutes were taken in that they were too detailed, focused on individuals and were editorialized. After discussion of the manner in which minutes were taken and a request of Chuck to listen to the entire tape of the August 18th meeting, a motion was made by Jack Reynolds that Chuck Huddleson listen to the August 18th tape. Said motion failed on a vote of 2 for and 3 against.

 

Marsella Johnson stated that the Litigation Report prepared and posted by Chuck Huddleson was in error by reporting that she attended the May meeting or signed the affidavit referred to in that report. In regard to the Litigation Report, it was moved that the Order of Dismissal and the Motion to Reconsider in the Forum vs. GVM lawsuit be posted as directed at the August 18th meeting and not reflected by the August 18th meeting minutes. The motion unanimously carried.

 

The Minutes of the August 18th meeting as corrected and with Chuck Huddleson’s version were approved.

 

The Minutes of the September 15, 2001, regular board meeting with the correction that “Jack Reynolds-Vice President-unexcused absence” be added together with the report of the Rules Committee regarding the illegality of Peggy Bahus rescheduling the September 15th regular Board meeting without Board approval (report attached) were approved as submitted.

 

TREASURER’S REPORT:

Written Report prepared but not distributed (see copy attached which was furnished after the meeting) and given by Treasurer Gary Stanton.  Additional Comments were as follows:

            1.         Second Notice for delinquent dues is yet to be sent out.

            2.         As long as expenses are as budgeted, budgeted revenues should be sufficient to pay expenses for the fiscal year.

            3.         22% of road repair has been expended with 17 % of the year transpired.

            4.         Need long range planning for road expenses for determination of future expenses.

Treasurer’s Report accepted as submitted with copy to be furnished for inclusion with the Minutes.

 

ROADS COMMITTEE:

Jack Reynolds reported that he has been unable to contact Bill Heiden, who has been out of town, and the committee has not met.

 

MANAGER”S REPORT:

Written Report submitted and attached. In addition to the written report , the following was reported or discussed:

            1.         Kent will prepare for the next Board meeting a detail of costs for snow plowing of individual private drives and proposed charges to be made.

            2.         Because of lack of staff, October, when Jerry Rogers begins work, will be a month that special assessment work will be given top priority .

            3.         Kent encourages adoption of fishing regulations proposed by fishing subcommittee.

            4.         Signs of disclaimer, use at own risk, and non-liability of GVM are needed at the lakes.

            5.         Attached to the report is present GVM Uniform Schedule of Penalties. ARC is to propose new penalties for violations pertaining to use of trailers.

            6          Kent will make a proposal regarding the sale of evergreens growing in road barrow ditches to the Cub Scouts. Concern was expressed and discussed as to ownership of trees since GVM owners own to middle of road and GVM R & R has right to maintain roads.

            7.         Present insurance carrier is searching for a new insurance company to provide D/D coverage that is expiring.

            8.         In regard to need to expand size of bulletin boards throughout GVM, Jack Reynolds moved that the bulletin boards be redone and expanded at a cost not to exceed $100. The motion unanimously carried.

            9.         In regard to the SIA request, Jack Reynolds moved that any agreement with SIA or for water and sewer and/or road reimbursement be deferred to the next joint meeting of the R & R and W & S Boards. Motion unanimously carried.

            10.       In regard to the disposition of the backhoe, Chuck Huddleson moved that the manager be authorized to dispose of the backhoe as he in his discretion determines. The motion unanimously carried. The manager was requested and agreed to report back to the Board on his disposition of the backhoe.

 

The Manager’s Report as submitted and discussed was accepted.

 

MEMBERS INVITED TO BE HEARD:

1.         Marsella Johnson stated that the Temporary Restraining Order regarding Ryan Mosher and Kent Christen was not posted. She further stated that the Litigation Report posted was a very editorialized view of the lawsuits pending.

2.         Someone complained about the fence built around the home at Gate 9 is very unattractive and Kent stated that it was approved by the ARC.

            3.         Dane Morison stated that Chuck Huddleson was cavalier in his motion allowing the manager to dispose of the backhoe when there are charges against the manager in an affidavit that is a part of the Parker vs. GVM Lawsuit. Chuck explained that he trusts the manager to dispose of the backhoe, doesn’t intend to micro-manage the manager’s functions and that he will address the charges against the manager later in his Litigation Committee Report.

            4.         Lee Lamb stated that two houses on Arikaree near his home have not been finished in the one-year period required and Kent said he would investigate.

            5.         Someone complained that a flatbed with forms is parked on Iron Mountain and Kent will investigate this.

 

GLACIER GALS:       

Written Report submitted along with the following comments:

            1.         As a follow-up to Chuck Huddleson’s assignment to investigate insurance coverage for Glacier Gals, he reported that Glacier Gals is not a separately incorporated entity and as long as their events were with GVM knowledge and consent, their events are covered by our general liability policy as are any other GVM sponsored events.

            2.         The Pancake breakfast was a huge success with 250 people attending despite someone twice removing the signs advertising the breakfast. The fishing derby signs were also removed by someone, but that was a success also.

            3.         Jim Slewitzke offered to build a metal cover for the pancake grill.

            4.         Kent will calculate the costs for the mail box cluster shelter and inform the Glacier Gals, who will, in turn, decide what to donate to that project. It was suggested that Kent look into whether or not Fort Collins has any used Transfort bus stop shelters available as a possible use as GVM mailbox cluster shelters.

 

COMMITTEES:

            1.         ARC Committee.  Report was submitted in writing and is attached.

 

            2.         Ecology Committee.  Report was submitted and is attached with the following additional comments and discussion:

                        a.         Discussion about what powers R & R has to control noxious weeds in roads and/or private property. One suggestion was that they constitute a nuisance and another was that the By-Laws grant power to control them.

                        b.         Chuck Huddleson will contact Mike Carroll of the Larimer County Natural Resources to discuss control of noxious weeds both by the County and GVM on roads and private property.

            c.         Susan Lamb will investigate the fees and procedure for the CSU Forest Service contract regarding mountain pine beetle infestation and control and the County noxious weed contracts, both of which had been approved by the Board at its previous meeting.

                        d.         The Board needs to determine if it wants to appoint it members as liaisons to the various committees to meet with the committees and be familiar with what the committees are proposing at Board meetings. This the Board promised to do.

 

            3.         Records and Information Committee.  The report of this committee was previously sent to the board members via e-mail and is attached.

 

            4.         Recreation Committee.  Report was submitted and is attached. Motion made by Jack Reynolds that the Halloween party, haunted house, etc., proposed be authorized, the R & R contribute $250 (to come from budgeted Recreational item-line 116) subject to a determination of the use of admission or donations made. The motion carried with 4 in favor and 1 abstention. The status of trails was also given by Gus Eykholt.

 

            5.         Fishing Subcommittee.  Proposed fishing regulations to be acted on at next meeting.

 

6.                  Rules Committee.  The committee had previously submitted its report via e-mail (attached) in which it had asked the Board to authorize the Management Audit, which is to commence between October 1 and November 15th, which the Board failed to do. The Rules Committee report regarding the illegally rescheduled meeting referred to in the section on Minutes above is also attached.

 

OLD BUSINESS:

            1.         Audit.  Chuck Huddleson confronted Peggy Bahus regarding her contacting the auditor about “missing $70,000” and the auditor’s contacting the attorney for her and the Forum rather than GVM’s corporate attorney, which she previously denied at the Joint Boards’ meetings, but which the auditor in a phone conversation with Chuck said had happened. Peggy said she couldn’t remember and resented being confronted with this without any advance notice. Gus Eykholt stated that it wasn’t proper for the Board to be discussing these types of matters in public. Chuck explained that Peggy has sued the Board and, as an adverse party, has a direct conflict of interest in interfering with the audit. He stated how improper and potentially harmful to GVM that was. Chuck Huddleson moved that Peggy Bahus not be allowed to contact the auditor for any reason and that the only contact with the auditor be by Gary Stanton, the Treasurer. The motion carried 3 to 2. Gary is to contact the auditor to inform him of the Board’s action.

 

            Slash Pile.  Paul Porter gave his report and recommendation for the use of a slash pile in the 12th filing as submitted and attached. Much discussion followed about different methods of handling the use of slash piles in GVM, i.e., the purchase of additional land for that purpose only, use of a chipper, use of a trash dumpster by ARC for building materials and other variations. There is no easy solution to the problem nor any consensus of a solution because of the differing views on how to solve the problem. Merle Niehaus moved that GVM investigate a 4th site in addition to the existing 3 sites and that a plan of rotation be devised by persons knowledgeable with the use of slash piles. The motion carried 4 in favor and 1 abstention.

 

LITIGATION REPORT:

            Chuck Huddleson reported that there appeared to be nothing new in the Forum vs. GVM Lawsuit. He further reported that a 10 day TRO was issued as of September 14th in the Parker vs. GVM Lawsuit restraining Kent Christen from coming within 500 yards of Ryan Mosher. Chuck then read the charges made against Kent as listed in an affidavit of Ryan Mosher that supported his motion for the TRO, a copy of which is attached. Chuck also reported that at the TRO hearing, Ryan Mosher testified that Peggy Bahus had contacted Ryan to tell him he would be terminated and then contacted him to tell him he was terminated. The lawyer representing GVM wants to discuss this with Peggy, which she denies happened, because he senses a wrongful termination lawsuit will be brought by Ryan Mosher against GVM and what Ryan claims was discussed with Peggy is important to any defense of that. Chuck suggested that the Rules Committee investigate the charges against Kent.

 

EXECUTIVE SESSION:        

The meeting was recessed in order for the Board to go into executive session.

 

POST EXECUTIVE SESSION ACTION:

The meeting was called back to order in public session and Jack Reynolds moved that in view of the allegations in the Ryan Mosher affidavit in the Parker vs. GVM Lawsuit made against the GVM manager, Kent Christen, that the manager’s authority to hire and fire employees be temporarily suspended until the Personnel Committee discusses those allegations with Kent and report the findings of its investigation to the Board for further action; the motion was unanimously carried.

 

It was the further consensus of the Board that the Personnel Committee will decide what GVM’s response to Ryan Mosher’s claim for unemployment shall be.

 

Meeting duly adjourned.

 

 

Chuck Huddleson

Secretary

 

 

 

 

 

 

 

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