April 12, 2022 Minutes

Town of Kiowa Board of Trustees Regular Meeting Minutes

April 12, 2022

Call to Order

The regular meeting of the Board of Trustees of the Town of Kiowa was called to order on April 12, 2022, at 7:04 PM by Mayor Kolm.

Roll Call

Present: Mayor Kolm, Director Trevor Smith, Director Tim Chambers, Director Cindy Tapp, Director Terry Howard, Director Jonathon Shafer, and Director Carey Kalisch. The Town of Kiowa had a quorum to conduct business.

Town Administrator: Kimberly Boyd
Town Clerk: Tasha Chevarria
Guests: Robert Tibbals, Esq., and Debbie Ullom, KWWA.

Pledge of Allegiance

Mayor Kolm led the audience in the pledge of allegiance.

Agenda Consent

Ms. Boyd advised there was a revision to the agenda adding Resolution 2022-01: Resolution for Declaring Property for Surplus or Disposal to New Business. Director Tapp made the motion to approve the revised April agenda. Director Howard seconded, and the motion carried 6-0 with no discussion.

Staff Reports

A. Mayor

Wanted to thank those that attended and who helped set up and tear down at the recent Town sponsored Easter Egg Hunt. A special directed appreciation for Lifetime Properties for supplying lunch and to Dale Boyd and Nikki Ullom for the "manpower." As well, thank you to those that allowed us to plug into their electricity nearby to keep the chili warm. Mayor Kolm advised he has reached out to Sun Valley about installing electrical outlets in the park so that we do not have that issue in the future.

B. Board of Trustees

No reports.

C. Town Attorney

Mr. Tibbals advised he would defer on his report until we got to old business.

D. Town Administrator

Easter Egg Hunt - Ms. Boyd advised Town's East Egg Hunt was an enormous success with approximately 300+ kids in attendance, easily. Realized we need electricity to the park for future events that require it, Mayor Kolm already discussed with Sun Valley the possibility have the install of such donated to the Town. She gave a huge thank you to all our sponsors:
Lifetime Properties, Banner Mortgage, Community Banks of Colorado in Kiowa, Glaser Gas, and 40 Mile Feed, and to all our board members that were in attendance and our volunteers that came out to help, especially the Kiowa Fire Protection District for stuffing all those hundreds of eggs! Citizens can go to the Town's FB page to view the pictures. No specific feedback received. Next up is the kick-off pancake breakfast on Saturday, June 18th.
Town Hall Fire Inspection -KFPD showed up yesterday for an impromptu fire inspection of the building, which the Town passed. During the inspection, the firefighters took notice of the ballistic vests still in storage in the basement and asked if the Town would consider donating them to their department. Advised them I would discuss with the Board at tonight's meeting but also discussed Shield 616 with them. Ms. Boyd called Shield 616 and had a conversation with Marcy Deeds concerning organizing a fundraising drive to help get the FD equipped with ballistic gear. As well, Ms. Boyd advised she would be speaking more to this when we get to New Business.

E. Public Works

Ms. Boyd advised the Town was told in 2021 upgrades were going to be done to the parks and that never happened. She advised Conservation Trust Fund monies are earmarked exclusively for our parks. She and Mr. Mendez have created a list of prospective maintenance and upgrade projects for the parks this spring and summer, to name a few:

Spring projects for parks:
Shade structures
Trees (5 for Fawn Valley)
Build another box planter to go between benches up by playground.
Perennial flowers for beds on Nordham Park
Paint railings and trashcans at Nordham
Remove some railings at Nordham to make the park ADA compliant.
Reline tennis court.
Build bench for tennis court.
Install electrical outlets at Fawn Valley (possible donation by Sun Valley)

Discussion: Ms. Boyd advised Conservation Trust Fund monies are earmarked exclusively for our parks. To date, we have $11,788.27 in that account. We anticipate ending the year with approximately $20,000. Referring to expenditure report, Parker Port-A-Potty - paid $7886.00 in January but that was for 2021, which was not billed the entire year of 2021. To date, we have spent $2330.00 for 2022. Prior to her arrival, it is understood that costs associated with these portables were to be taken from the COVID money, since COVID was the reason, they were primarily put in. Director Tapp and Director Howard voiced that they would rather the costs for port- a-potties come from general fund and updates to the parks be paid from funds specifically earmarked for the parks. Ms. Boyd advised she would be speaking more to this in New Business.

F. Code Enforcement

Ms. Boyd advised the first report from Code Enforcement for the first quarter of 2022 showed eighty violations were issued. Calls started coming into the Town of Kiowa from the recipients of those letters and they were immediately referred over to the contracted code enforcement official, Susie Ellis. Ms. Boyd advised that Ms. Ellis was told by management of Ute Village not to return during the March inspection. Ms. Ellis had advised they were unhappy with the perceived "lack of enforcement" she was conducting in the mobile home park.

Discussion: Mayor Kolm advised through his discussion with Ms. Ellis, on the day she was asked not to return, he understood management of the park was upset about the violation letters were not going just to the resident of the addresses in violation, they were also going to the owners of the property. Debbie Ullom asserted, as a property owner, she also received violation letters for the properties she owned. Director Howard advised she, as well, has been approached my management, as a resident of the park, concerning the same issues others have voiced. Robert Tibbals advised the Town of Kiowa has the same enforcement authority as any law enforcement entity would, due to code enforcement being an extension of law enforcement. Mr. Tibbals offered to write a letter to the owners of Ute Village Mobile Home Park from the Town advising of this issue that has developed with the management they have in place.

Director Shafer made the motion to approve having the town attorney send a letter to the owners of Ute Village concerning code enforcement within the park. Director Chambers seconded, and the motion carried 6-0.

Public Comment

Ronald Pippin, Jr of 100 Ute Avenue, Ute Village Mobile Home Park, and manager of same, made an impromptu appearance during the meeting. Mr. Pippin expressed his frustration with the discussion of the Board concerning Ute Village. He asserted code enforcement was not citing all that should be cited, in his opinion. Mayor Kolm asked Mr. Pippin to be clear that he is saying he does not want code enforcement in his park. After much conversation, Mr. Pippin was advised the Board has made a passed a motion to write a letter to Mr. Pippin's employers, the owners of Ute Village, concerning code enforcement in the park and the situation with the managers, as it stands.

Consent Items

Approval of minutes from March 2022 BOT meeting Director Tapp made the motion to approve the minutes. Director Smith seconded, and the motion carried 6-0 with no discussion.
Expenditures for Year-to-Date 2022 The year-to-date expenditures were provided for review in the meeting packets. Director Smith made the motion to approve the minutes. Director Chambers seconded, and the motion carried 6-0 with no discussion.

Public Hearing

Director Smith moved to adjourn the open meeting at 7:51pm and move into public hearing, seconded by Howard. Motion carried 6-0 with no discussion.

Elbert County Republican Party - Special Event Liquor License Dan Guthry was present from the Elbert County Republican Party.
- Big Time Bucking Horse Futurity- September 9-11, 2022
- Lincoln Day Dinner - May 7, 2022
  
  Discussion: Mr. Guthry advised both events are being held at the Elbert County Fairgrounds and limited to the Exhibit Hall and a small tent on the north side of the building.
  
  There was no public comment made. Ms. Chevarria confirmed that Mr. Guthry did his due diligence with submitting all paperwork properly, posting the notices of intention, and meeting all requirements of them in this process.
  
  Director Smith made the motion to approve the special event liquor license being requested by the Elbert County Republican Party. Director Howard seconded, and the motion carried 5-0, as Director Smith abstained from the vote.
  
  Director Smith moved to adjourn the public hearing at 7:55pm and move back into open meeting at 7:55pm, seconded by Director Tapp. Motion carried 6-0 with no discussion.
  
  Director Tapp moved to go back into open meeting at 7:55pm, seconded by Director Smith. Motion carried 6-0 with no discussion.

Old Business

Kiowa Creek Development

Ms. Boyd advised the Town has engaged with a new law firm, White Bear Ankele Tanaka & Waldron, to take over the legal aspects of land use/entitlements and the metro district aspect of this potential development. Additionally, a Charge Back Agreement was completed to cover costs of the attorneys and civil engineering firm. She is still collaborating with our lawyer and CORE contract team on indemnification wording of the Service Contract. The finalized Agreement from our attorney was sent to CORE for approval and signature today.

B. Municode

Ms. Boyd advised the Town has engaged with a new law firm, White Bear Ankele Tanaka & Waldron, to take over the legal aspects of land use/entitlements and metro district. As well, a Charge Back Agreement was completed to cover costs of the attorneys and civil engineering firm. She is still collaborating with our lawyer and CORE contract team on indemnification wording of the Service Contract. The finalized Agreement from our attorney was sent to CORE for approval and signature today.

Discussion: Debbie Ullom made a request that the Town bring the fire code up to date in the Town of Kiowa Municipal Code, current to the 2018 version, as it had already been passed in a previous resolution. Mr. Tibbals advised he will work with the entities currently working on the municipal code updates. Ms. Ullom asserted she had determined, with the help of County staff, that there have been no Town ordinances filed and recorded with the County since 2018.

C. Ordinance 2022-01: International Building Codes

Ms. Boyd advised the Town has engaged with a new law firm, White Bear Ankele Tanaka &Waldron, to take over the legal aspects of land use/entitlements and metro district. As well, charge Back Agreement was completed to cover costs of the attorneys and civil engineering. She is still collaborating with our lawyer and CORE contract team on indemnification wording of the Service Contract. The finalized Agreement from our attorney was sent to CORE for approval and signature today.

D. 2nd ARPA funds disbursement

Ms. Boyd advised the Board that the next and final ARPA funds disbursement is due in June 2022, per DOLA.

New Business

A. Main Street Letter of Interest from Town

Ms. Boyd advised the Colorado Main Street Program offered through DOLA helps communities build local capacity toward downtown revitalization. Each local program sets a vision for its community and consistently works toward achieving that vision. Colorado Main Street staff provides technical assistance, training, and small financial grants to help communities work toward these prerequisites and requirements. Through the affiliate option the Town can express their interest in the program, but this tier receives limited services from DOLA and it does not have any prerequisites or requirements; however, it does connect you to the Main Street network. She requested the Board's approval in submitting a letter of interest to DOLA to connect to the Main Street network and allow the Town the access available to affiliate towns.

Director Howard made the motion to approve Ms. Boyd submitting a letter on interest to DOLA for the Main Street Affiliate Level. Director Shafer seconded, and the motion carried with no discussion.

B. Comcast Franchise Agreement

Director Howard made the motion to approve Ms. Boyd submitting a letter on interest to DOLA for the Main Street Affiliate Level. Director Shafer seconded, and the motion carried 6-0 with no discussion.

C. Shade Structures and Landscaping for the parks

D. Establishing a Town Fee Schedule

E. Resolution 2022-01: Resolution for Declaring Property for Surplus or Disposal

Discussion

TOK classification of tiny homes - Carey Kalisch:
Ms. Boyd provided board members with a copy of definitions currently in the Town code that pertains to structure types acceptable within the Town. The Town code does not, currently, have an exclusive definition for tiny homes. This item will be added to the list of codes and ordinances already being updated to the Town Municipal Code.

Correspondence/Information/Review/Discussion

None.

Adjourn

Director Shafer made the motion to adjourn at 9:07pm. Director Tapp seconded, and the motion carried 6-0 with no discussion.

The next regular meeting will be on May 10th at Town Hall at 7:00pm

Approved:

Rickard D. Kolm, Mayor, Kimberely Boyed, Town Administrator