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, September 9, 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 Daveport, GMWSD
• Andrew Garnett
• Sid Tikalsky
• Jen Lopez
• Vinny Lopez
• Aria Lopez
• Debbie Crady, Auditor
• Dave Garner
• 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 6:31 p.m.

Directors & Disclosure Matters:

None.

Approval of/Deletions from the Agenda:

Director Morgan MOVED to add an executive session if needed for legal advice regarding settlement offer just received. Director Hardinger seconded the Motion. The Motion PASSED by unanimous consent. (0:33)

Director Wiechman MOVED to have the public hearing take place before public comment. Director Martinez seconded the Motion. The Motion PASSED by majority vote with Director Morgan against. (1:31)

Director’s Matters:

a.       Sewer variance request for single family home at 850 S Coors Dr (2:48)

• Director Wiechman MOVED to hold the hearing and waive procedural irregularities. Director Hardinger seconded the Motion. The Motion PASSED by unanimous consent. (5:45)
• Mr. Stanley reviewed the request and presented evidence on behalf of the district. Mr. Stanley and the Board discussed capacity issues, the effect of adding another home to the system, and the significance of the decision on future hearings. (7:40)
• The Lopez family and Andrew Garnett presented their argument for variance request. They talked about the history of the project, expressed the importance of the home, and appealed to the Board to consider their request. (29:38)
• The public hearing opened to discussion and questions, and the Board and guests discussed the various factors to consider for the decision. Director Morgan expressed safety concerns regarding capacity, and guests Dave Garner and Ludmilla commented on the situation. (50:50)
• Director Wendell MOVED to have a special meeting in two weeks to further discuss the matter. Director Morgan seconded the Motion. (1:10:50) Following discussion, The Motion FAILED with Director Hardinger, Director Wiechman, and Director Martinez against. (1:22:35)
• Director Martinez MOVED to grant the variance and approve their tap. Director Hardinger seconded. The Motion PASSED with Director Morgan and Director Wendell dissenting. (1:22:56)

The Board took a brief recess. (1:25:00 to 1:30:42)

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.

• Ludmilla: Expressed appreciation for everyone’s hard work and commented on the sewer variance request, the ravine, and the letter to the City of Lakewood.

Director’s Matters:

The Board agreed to hold the audit presentation before the next agenda item. (1:35:08)

a.       Audit presentation

• Debbie Crady reviewed the audit, presented a few suggestions, and answered questions from the Board. (1:35:30)
• Director Hardinger MOVED to approve the auditor’s report. Director Wiechman seconded the Motion. The Motion PASSED by unanimous consent. (1:46:06)

Approval of Minutes:

a.       August 12th, 2025, Meeting Minutes

• Following a brief review of amendments made, Director Wendell MOVED to accept the August 12th meeting minutes. Director Hardinger seconded, following discussion and upon vote the motion PASSED unanimously. (1:48:57)

Financial Matters:

The Board reviewed the August 2025 Daily/Monthly Operating Expenses & Capital Expenditures.

Director Morgan MOVED to approve the operating expenses and expenditures, as well as the unaudited financial statements for the period ending August 31, 2025. Director Martinez seconded, following a short discussion of hard drive and 401K expenses and upon vote, the motion PASSED unanimously. (1:50:19)

District Reports:

a.       Maintenance Report

• Mr. Stanley provided the Maintenance Report. There was one main break in August, bringing the total to 11. Mr. Stanley discussed with the Board the ongoing valve maintenance, the ravine comments resubmitted to Lakewood, and the fluoride letter to Denver Water. He also noted the progression of the dirt infrastructure replacement project. (1:54:16)

b.      District Manager Report

• Mr. Stanley presented on developmental reviews, noting they have received funds for the proposed hotel and 533 Van Gordon has declined to pursue their study. He also noted that the infrastructure replacement projects are progressing smoothly. (2:02:39)

Directors Matters:

b.      Discuss water right attorney

• The Board agreed to table the discussion until the next meeting to further investigate their options. (2:06:16)

 d.  Discuss change of use policy document

• The Board reviewed the details of the change of use policy, considered the application of tap fees, and mentioned altering the language used in the document for clarity. (2:07:51)
• The Board considered home classification and how altering the classification of single vs multi-family home could affect the model. They also discussed how the change of use policy would be applied based on homeowner or home type. (2:12:08)
• The Board discussed how to best apply the tap fees, factors to consider for the change of use policy, and the zoning changes in Lakewood. Director Morgan requested Mr. Stanley investigate what studies may assist with this matter and their mediation with Lakewood. (2:25:47)

Legal Matters:

Mr. Woods talked about the cost sharing agreement, noting that he put together a template, and the Board discussed the parties involved. (2:29:54)

Mr. Woods provided general updates regarding the District’s legal matters, including the lobbyist meeting, collections matters, the special district association conference, and the Timmins lawsuit. He also provided a brief update on the Federal Center, anticipating that most of it should be wrapped up by the end of the year. (2:39:21)

Mr. Woods stated that the Timmins trial will begin September 22nd and continue through the 24th in courtroom 400 in Jefferson County. (2:44:50)

Executive Session:

None.

Legal Matters – Action Resulting from Executive Session

None.

New Business:

None, although it was noted that the October regular meeting will be the presentation of the budget. (2:48:30)

Other Matters:

There were no other matters to come before the Board.

Adjourn:

The meeting was adjourned at 9:20 p.m.