April 3, 2024 Minutes

Call to Order

The special meeting of the Board of Trustees was called to order on April 3, 2024, at 7:05 PM by Mayor Rick Kolm. 

Roll Call

Present: Mayor Kolm, Trustee Wineland, Trustee Howard, Trustee Baker, Trustee Shafer, Trustee Hart and Mayor Pro Tern Smith. The Town of Kiowa had a quorum to conduct business. 

Also present were: 
Kim Boyd, Town Administrator 
Sasha Davidson, Town Clerk 
Ruth Borne, Town General Counsel via Zoom 
Nicholas Poppe, Special Counsel via Zoom 
Debbie Ullom, Business Owner at 228 Comanche Street 

Agenda Consent

Trustee Howard made a motion to approve the agenda. Mayor Pro Tern Smith seconded the motion and the motion was carried 6-0 with no discussion. 

Public Comment

Debbie Ullom of 228 Comanche Street, Lifetime Properties. 

  1. Inquired as to why Trevor Smith was asked to abstain from voting on the recission of the Kiowa Creek Development Agreement on April 18, 2023, but there was no concern for his vote on March 11, 2024, Ordinance 3.
  2. Asked that the minutes of the April 18, 2023, which were approved at the May 9, 2023, meeting. The minutes indicate the vote incorrectly and this is a permanent record, which does not accurately reflect the recording of the meeting.
  3. Asserted that she has given proof of what KWW A's vote was and that is the duty and responsibility of this office to preserve those records.
  4. Ordinance 3, Series 2024 is inaccurate and it is also inaccurately stated that it was available on the Town website on March 8th because it was not.
  5. Per the Home Rule Charter, the Mayor is, in fact, to vote as a regular board member and it is not a tie breaker vote.
  6. Has any action been taken to correct the liens that were filed incorrectly on the chargeback agreement?
  7. Review all your ordinances because several of them did not have the correct enacting clause.
  8. Due to the town paying an attorney to attend the meetings, she is requesting that the Town go into executive session appropriately from now on and by State statutes. Read the statement we are supposed to read when we go in and when we come out read the statement that we are supposed to read that indicates whether the trustees discussed anything outside the specified reason for executive session. 

Conflict of Interest

Ms. Borne opened requested anyone with a clear or perceived conflict speak up and make that conflict known prior to entering into executive session. There was no response or discussion from the Trustees. 

Trustee Shafer made the motion to move into Executive Session at 7:22pm. Trustee Howard seconded and the motion was carried 6-0 with no discussion. 

Executive Session

"Subject to C.R.S. 24-6-402(4), the Town of Kiowa Board will meet in an executive session upon affirmative vote of 2/3 of the quorum present, for the sole purpose of considering: 

(b) Conferences with Town Attorney for the purposes of receiving legal advice on specific legal questions and (4)(e)(J) developing strategy for negotiations regarding the Kiowa Water and Wastewater Establishing Agreements; Water Well Agreement; and Petition for De-Annexation

Trustee Shafer made a motion to conclude and leave Executive Session at 8: 17 pm. Trustee Howard seconded and the motion carried 6-0 with no discussion. 




Trustee Shafer made the motion to adjourn at 8: 18 pm. Mayor Pro Tern Smith seconded, and the motion carried 6-0 with no discussion. 

The next regular meeting will be on May 14th at Town Hall at 7:00 p.m.