August 9, 2022 Minutes

Town of Kiowa Board of Trustees Regular Monthly Meeting Minutes

August 9, 2022 - 7pm

Call to Order

The regular meeting of the Board of Trustees of the Town of Kiowa was called to order on August 9, 2022, at 7:00 PM by Mayor Rick Kolm.

Roll Call

Present: Mayor Rick Kolm, Mayor Pro Tem Cindy Tapp, Director Trevor Smith, Director Tim Chambers, Director Jonathon Shafer, Director Carey Kalisch and Director Terry Howard. 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

Director Smith made the motion to approve the agenda. Director Shafer seconded, and the motion carried 6-0 with no discussion.

Staff Reports

1. Mayor
   Complimented the community for the exceptional attendance at the Colorado Day Ice Cream Social. Also commended the Elbert County Fair and the success they had in market sales this year and the exceptional attendance there, as well.
2. Board of Trustees
   Director Smith commented that this year was the highest sales for the Elbert County Fair that he had ever seen, setting a record. He credits the success of the Fair to the community's support.
3. Town Attorney
   • Franchise tax from Comcast 
     Mr. Tibbals reported that Comcast has confirmed, via email, they will be paying the franchise taxes owed to the Town since 2017.
   • Franchise tax from Starlink
     Mr. Tibbals reported that he confirmed Zayo is only installing a transit line between Colorado and Texas for Starlink, effectively not allowing a franchise tax agreement to be. This transit line is not providing any particular services that would allow such an agreement to be made.
4. Town Administrator
   • Ms. Boyd advised the policies being considered by the Board later in the meeting are only those directly related to requirements set forth by CIRSA, at this time. Others will be coming in other areas, but these are priority for the loss audit that CIRSA conducts annually.
   • Will need to set a second monthly meeting to assist in getting through all the policies and ordinances for code revisions so that we are not inundating the regular monthly meetings with these items.
   • Asking for a budget committee to start meeting and will be implementing changes recommended by the auditor.

E. Public Works

None.

F. Code Enforcement

None.

Public Comments

1. Steven Miller from 469 Shasta Court. Mr. Miller advised he has lived there for 4 ½ years. He recently received a notice from Code Enforcement to remove an inoperable vehicle that he currently is utilizing as "lawn art" in his front yard. At the advisement of Code Enforcement, he is coming before the Board to request an amended to the Code that would set perimeters that would allow "lawn art" of this nature rather than consider it as it currently is in Code. Mr. Tibbals suggested Mr. Miller apply for a variance consideration by the Joint Planning Commission and Variance Committee, due to this falling under the criteria for such. Mr. Tibbals advised this would still allow cases such as this to be considered on a case­ by-case basis, and not be as cumbersome as trying to amend the Town Code.
2. Debra Vieweg from 326 Navajo Street. Ms. Vierweg advised she has received noticed for high weeds from Code Enforcement in the past but wants to know what the Board is going to do about the Town's own high weeds. As well, she wants to know why the large "farm truck" sitting in front of a house down the street from her, still on Navajo Street, is allowed to stay there. She advised she has made a complaint about this prior and received no response form the Town. Ms. Boyd advised that the vehicle is registered, has 4 inflated wheels, and it is not inoperable, so it does not meet the criteria under the code to be cited for anything and required to be moved. The current code does not have any current provisions for large vehicles in front of residences in Kiowa. Ms. Boyd further advised that she concurred with her assertion that the weeds at the shop are high, but that there is one person working for the town to handle the entire town, as opposed to the individual residences. Ms. Boyd assured she would get the weeds addressed as soon as the one person that maintains them is back from vacation.
3. James Schwarzckopf from 323 Navajo Street. Mr. Schwarzckopf asserted he has a problem with the Town selling the Town water to the develop down the road because it belongs the people of the town. Ms. Boyd asserted the Water and Wastewater Authority meeting was at 6pm, prior to this meeting. Mr. Schwarzckopf continued that he feels the Town needs a noise ordinance for the loud car that had passed by outside, and whom he admits he chased down multiple times. He requested a speed bump be put in front of his home. Mr. Schwarzckopf wanted to know why the money being received from the tax initiatives is not going to the roads. Other points of concern are lack of police department, the master plan, water tower, and all the development around town.

Consent Items

1. Approval of minutes from July 2022 BOT monthly meeting and July 27, 2022, Special Meeting 
   Director Smith made the motion to approve the July 2022 regular monthly meeting minutes and the July 27, 2022, special meeting minutes. Director Howard seconded, and the motion carried 6-0 with no discussion.
2. 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 Kalisch seconded, and the motion carried 6-0 with no discussion.

Public Hearing

None.

Old Business

1. IGA with Elbert County and Elbert County Sheriff's Office
   Ms. Boyd updated the Board that Mayor Kolm and herself have a planned meeting the following Monday to sit down and discuss the requests made by the Board at the previous month's meeting. Director Howard requested that a monthly or quarterly meeting me held to stay in touch with where we are with the Sheriff's Office and this IGA.
2. Sponsorship of The Big Time Bucking Horse Futurity on September 10, 2022
   Mayor Pro Tem Tapp made the motion to approve sponsoring The Big time Bucking Horse Futurity. Director Chambers seconded, and the motion carried 5-0 with no discussion. Director Smith abstained from voting due to conflict of interest.
3. Move Town banking accounts over to Farmers State Bank
   Director Smith made the motion to approve all Town banking accounts to Farmers State Bank. Mayor Pro Tem Tapp seconded, and the motion carried 6-0 with no discussion.

New Business

1. Engagement with Ruth Borne as Special Counsel for Kiowa Creek Subdivision. Director Smith made the motion to approve engagement with Ruth Borne, Attorney at Law, as Special Counsel for Kiowa Creek Subdivision. Director Howard seconded, and the motion carried 6-0 with no discussion.
2. Ordinance 2022-03: An Ordinance Amending "Sec.16-174. Meeting." Director Smith made the motion to approve Ordinance 2022-03: An ordinance amending "SEC. 16-174. Meetings" Director Kalisch seconded, and the motion carried 6-0 with no discussion.
3. Ordinance 2022-04: An ordinance amending "Appendix 4-A to Chapter 4, Article VII." Development Impact Fees." Director Smith made the motion to approve Ordinance 2022-04: An Ordinance amending "Appendix 4-A to Chapter 4, Article VII. "Development Impact Fees." Director Chambers seconded, and the motion carried 6-0 with no discussion.
4.  Ordinance 2022-05: An Ordinance amending "Sec. 16-1. Definitions. (25) Single-Family Residence"
   Mayor Pro Tem Tapp made the motion to approve Ordinance 2022-05: an Ordinance Amending "SEC. 16-1. Definitions. {25} Single-Family Residence" Director Howard seconded, and the motion carried 6-0 with no discussion.
5. Ordinance 2022-06: An Ordinance amending "Sec. 16-155. Public Notice. (c)" Director Smith made the motion to approve Ordinance 2022-06: An Ordinance amending "Sec. 16-155. Public Notice. (c)" Director Howard seconded, and the motion carried 6-0 with no discussion.
6. Ordinance 2022-07: An Ordinance Establishing "Article VIII rates, fees, and charges. " Director Howard made the motion to approve Ordinance 2022_-07: An Ordinance Establishing "Article VIII. Rates, Fees, and Charges." Director Chambers seconded, and the motion carried 6-0 with no discussion.
7. Policy 22-001: Vehicles & Travel-Distracted Driver
8. Policy 22-002: Vehicles & Travel- Vehicle Usage
9. Policy 22-003: Vehicles & Travel - Seatbelts 
10. Policy 22-004: Vehicles & Travel - Employee Responsibility for Town-owned Vehicles and Personal Vehicle for Business Use
11. Policy 22-005: Standards of Conduct - Workplace Harassment and Violence
12. Policy 22-006: Standards of Conduct - Drugs and Alcohol in the Workplace
13. Policy 22-007: Safety- Communicable Diseases
14. Policy 22-008: Safety- Injuries
    
    Director Smith made the motion to approve G. Policy 22-001 through N. Policy 22-008 in their entirety with no revisions. Director Chambers seconded, and the motion carried 6-0 with no discussion.

Discussion

None.

Correspondence/Information/Review/Discussion

None.

Executive Session

None.

Adjourn

Mayor Pro Tem made the motion to adjourn at 7:46pm. Director Shaffer seconded, and the motion carried 6-0 with no discussion.

The next regular meeting will be on September 13th at Town Hall at 7:00pm