Call to Order
The regular monthly meeting of the Board of Trustees was called to order on August 13, 2024, at 8:09 PM by Mayor Pro Tem Smith.
Roll Call
Present: Mayor Pro Tem Smith, Trustee Wineland, Trustee Howard, Trustee Hart, and Trustee Shafer. The Town of Kiowa had a quorum to conduct business.
Mayor Kolm was absent.
Also present were:
Kim Boyd, Town Administrator
Sasha Davidson, Town Clerk
Ruth Borne, Town Counsel via Zoom
Nick Poppe, Town Special Counsel joined via Zoom at 8:46pm.
Angie Steams, Maverix via Zoom
David Lindauer, Maverix Broadband
Frank Saya, Mayerix Broadband
Sandy Kalish
Joey Kuhns
John Hill, Ranchland News
Foster Houts
Tim Craft, Craft Companies
Pledge of Allegiance
Mayor Pro Tem Smith led the Board in the pldge of allegiance.
Agenda Consent
Ms. Boyd made a request to revise the agenda by adding a discussion item under XIII. Discussion/Correspondence regarding CORE Electric. Trustee Howard made a motion to approve the agenda with the requested revision and Trustee Wineland seconded the motion. The motion was carried 5-0 with no discussion.
Public Hearing
Mayor Pto Tem Smith called the public hearings to order at 8:11pm.
- Rezone application by Foster Houts for 811 County Road 134, Kiowa CO, 80117 rezone request from Public Land (PL-1) to Commercial (C-2).
Mr. Houts advised he was seeking to rezone his property from Public Land (PL-1) to Commercial (C-2) because he plans to run his business is American Custom AG, at that location. Trustee Howard confirmed for the Board that the Planning Commission has heard his request and approved to send his request to the Town Board for final approval.
Mayor Pro Tem Smith asked those present in person and via Zoom if they had any public comment regarding this request for rezone and no one came forward with comment or discussion.
Trustee Wineland made the motion to approve Mr. Houts' request for rezoning 811 County Road 134, Kiowa CO, 80117 from Public Land (PL-1) to Commercial (C-2), Trustee Shafer seconded, and the motion passed 5-0 with no discussion.
Public Comment
The following individuals made public comment:
- David Lindauer, Frank Saya and Angie Steams (via Zoom) of Maverix Broadband, Parker, CO
Mr. Lindauer spoke to his frustration in not receiving a ROW permit without complying with the Town's request for a license agreement first. It is his belief that the rules under the right of way pennitting process are not fair, in his opinion. As well, he asserted Town Administration has reached out to CDOT and requested they not issue them a permit either, which he finds harassing in nature. Ms. Borne advised the Board that she and administration have not heard from Mr. Lindauer nor any other member of the Maverix team since their last appearance in a monthly meeting public comment session, Further, Maverix has not responded to their request to discuss the proposed License Agreement.
Trustee Howard inquired as to why Maverix is not proposing to bring service to the Ute Village MHP.
Trustee Wineland and Mayor Pro Tem Smith asked if general counsel and staff could start facilitating this process and keep moving forward, Ms. Borne advised we would and will also start CC'ing the Mayor and Mayor Pro Tem to show the staff is being accountable and responsive.
Conflict of Interest Discussion
Ms. Borne opened requested anyone with a clear or perceived conflict speak up and make that conflict known prior to entering executive session. There was no response or discussion from the Trustees.
Trustee Shafer made the motion to move out of the open meeting at 7 :07pm. Trustee Wineland seconded, and the motion was carried 7-0 with no discussion.
Staff Reports
- Mayor
None. - Board of Trustees
Trustee Wineland and Mayor Pro Tem Smith advised that while they have been unable to attend any of the summer Music in the Park events they have heard a lot of great feedback regarding such this year. - Town Attorney
None. - Town Administrator
Ms. Boyd advised there was a delay in getting the citations back from the company that was printing them, unknown why, but that delay has pushed the start of court out until October 4th. Ms. Boyd confinned court sessions will not be held at night, rather they will be held at 9am, should there even be a docket to hear.
Ms. Boyd advised the Board that the Town has been awarded a micro grant from SIP A again and those funds will go toward the costs associated with mitigating the Town website to bring it ADA compliant, per HB 21-1110. - Public Works
None. - Code Enforcement - 3rd qtr report due in September
Consent Items
Approval of Minutes from July 9, 2024, Monthly Meeting and July 30, 2024, Special Meeting
Trustee Wineland made the motion to approve the minutes from the July 9, 2024, monthly meeting, the July 30, 2024, special meeting, and the memorandum to the Board regarding staffs responses to the July 9, 2024, monthly meeting public comments. Trustee Howard seconded, and the motion was carried 5-0 with no discussion.
Expenditures for Year-to-Date 2024
Trustee Wineland made the motion to approve expenditures for the year-to-date 2024. Trustee Howard seconded, and the motion was carried 5-0 with no discussion.
Conflict of Interest Discussion
Ms. Borne opened requested anyone with a clear or perceived conflict speak up and make that conflict known prior to entering executive session. There was no response or discussion from the Trustees.
Mayor Pro Tem Smith made the motion to move out of the open meeting at 8:46pm and into Executive Session at 8:51pm. Trustee Shafer seconded, and the motion was carried 5-0 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 and Special Counsel for the purpose of receiving legal advice on specific legal questions regarding the Digby Properties, LLC vs Town of Kiowa Petition to Disconnect".
Moved out of executive session at 9:09pm.
New Business
- Action on proposed stipulation regarding settlement of Town of Kiowa, et al. v. Tim Craft, et al., Case No. 24CV30050, Elbert County District Court
Trustee Howard made motion to accept and approve the proposed stipulation regarding settlement of Town of Kiowa, et al. v. Tim Craft, et al., Case No. 24CV30050, Elbert County District Court. Trustee Wineland seconded, and the motion was carried 5-0 with no discussion.
ROLL CALL VOTE
Mayor Pro Tem Smith: AYE
Trustee Wineland: AYE
Trustee Howard: AYE
Trustee Shafer: AYE
Trustee Hart: AYE - Ute Avenue Road Striping Plan Proposal- Kimley-Horn
Ms. Boyd presented the Board with a written proposal from Kimley-Horn to complete a striping plan for Ute Avenue/Kiowa-Bennett Road, from HY-86 to the fairgrounds. She explained the Roads & Bridge Division of Elbert County referred her to Kimley-Horn when she went to them to discuss this section of roadway and the need to find avenues to reduce the issues with vehicles speeding as they come into town. After some discussion on the issues with the roadway and the proposed cost estimate to create a plan to address these issues the Board asked Ms. Boyd to seek two more proposals to consider, in addition to this one.
Trustee Howard made a motion instructing Ms. Boyd to seek two more proposals for consideration of this project. Trustee Wineland seconded, and the motion carried 5-0 with no further discussion. - CIRSA 2024 Loss Audit Final Report
Ms. Boyd presented the Board with the last three years of insurance loss audit reports for the Town and explained that when she came into this position, she learned the Town had failed these inspections for the years prior due to not meeting the requirements put forth by the insurance company, such as: trainings, safety equipment, inspection reports, policies, etc. Over the course of 3 years, we have gradually brought the Town into compliance by completing the requirements set forth and as of this year we have brought the score to a level that now allows us to receive discounts on our annual premiums for 2025. She advised she will not know what those amounts are until closer to the end of August, but when she finds out she will share them at the next monthly meeting. - 2023 Financial Audit
Ms. Boyd advised all statutory and regulatory deadlines were met by submitting this final version of the 2023 financial audit by the July 31st deadline.
Mayor Pro Tem Smith made a motion to accept the 2023 Financial Audit as presented by Ronny Farmer, certified public accountant. Trustee Wineland seconded, and the motion was carried 5-0 with no discussion. - Select 2025 Budget Committee
Trustee Howard and Trustee Hart volunteered to serve on the 2025 Budget Committee this year, however the proposed first meeting date of Tuesday, September yct is not manageable. Ms. Boyd advised she would email other possible dates by week's end.
Old Business
None.
Discussion/Communications
Ms. Boyd advised CORE Electric Cooperative had reached out to her to advise the period for free charging allowance was corning to an end and asked it the Town would like to keep it at free charging for another 30- days or can they move to charge now. They advised the proposed rates are:
- $.08/kWh for CORE members outside of 4:00pm - 8:00pm
- $.15/kWh for CORE members within 4:00pm - 8:00pm
- $.25/kWh for non-CORE members (all times)
- $ .25/rninute 10 minutes after charging is complete ( this is to prevent EV s blocking future consumers)
Frank Saya with Maverix Broadband advised these rates are very reasonable compared to other charging services.
Trustee Wineland made the motion to keep another 30 days of free charging. Trustee Howard seconded and the motion passed 5-0 with no further discussion.
Trustee Howard suggested they start discussions concerning uses in Town Center because she knows Joey Kuhns has discovered many uses that the Town's Municipal Code currently declares restricted; however, these types of businesses currently exist in the Town Center now. Ms. Boyd advised this topic is on the agenda for the Planning Commission's monthly meeting next Wednesday, August 21, 2024.
Adjourn
Mayor Pro Tem Smith made the motion to adjourn at 9:50pm. Trustee Shafer seconded, and the motion carried 5-0 with no discussion.
The next regular meeting will be on September 10th at Town Hall at 7:0Q p.m.