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July 11, 2023 Board of Trustees Minutes

Call to Order

The regular meeting of the Board of Trustees of the Town of Kiowa was called to order on July 11, 2023, at 7:12 PM by Mayor Rick Kolm.

Roll Call

Present: Mayor Rick Kolm, Mayor Pro Tem Trevor Smith, Director Andrew Lowry, and Director Terry Howard were present. The Town of Kiowa had a quorum to conduct business. 

Director Josh Baker, Director Wineland, and Director Shafer were absent. 

Also present were: 
Kimberly Boyd Town Administrator 
Katti Arnold, Town Clerk 
Ruth Borne, Town Counsel via Zoom 
Susie Ellis, Community Preservation via Zoom 
Debbie Ullom, Kiowa Water and Wastewater Authority 
Eric Whitman, Kiowa Lions Club 
Joey Kuhns, Just Peachy Day Spa 
Danielle Ullom, Kiowa Schools 

Agenda Consent

Mayor Pro Tem Smith made the motion to revise the agenda by removing Director Baker's presentation under Staff Reports. Director Howard seconded the motion with revisions to the agenda, and the motion was carried 3-0 with no discussion. 

Staff Reports

  1. Mayor
    Advised he attended CML conference in the past two weeks and learned through networking that many of the issues that Kiowa faces are not unique to Kiowa and he was able to gain many different perspectives that help him look at Kiowa's issues clearer.
  2. Board of Trustees
    None.
  3. Town Attorney
    None.
  4. Town Administrator
    Ms. Boyd advised she is currently in the process of submitting a grant application to DOLA to go with the $500,000 already awarded by CDOT. Repairs to the basement from the flooding claim continue. 
  5. Public Works
    Mowing got behind for a week due to both mowers being down at the same time.
  6. Code Enforcement
    Second quarter reports are in the packets for review. Ms. Ellis was late to join via Zoom due to a previous meeting in another municipality. 

Consent Items

  1. Approval of minutes from June 13, 2023, BOT Monthly Meeting
    Director Howard made the motion to approve the minutes from the June 13, 2023, Monthly Meeting. Mayor Pro Tem Smith seconded, and the motion was carried 3-0 with no discussion.
  2. Expenditures for Year-to-Date 2023
    Director Howard made the motion to approve the year-to-date 2023 expenditures. Mayor Pro Tem Smith seconded, and the motion was carried 3-0 with no discussion.

Public Hearing

Director Howard made a motion to open the public hearing at 7:23pm, Director Lowry seconded, and the motion carried 3-0 with no discussion. 

Ms. Arnold advised that all required paperwork and information was submitted and all public notices were put out on time. She advised that through the information provided she was able to determine they were utilizing the same wristbands and processes as an event held earlier in the year. Mayor Pro Tem Smith advised he would not hear another request for a special event liquor license in the absence of the applicant, as is required by the requirements set forth in the application. Ms. Boyd called the event host and boys' basketball coach, JR Prokop, and put him on speaker phone and speak to the request. Mr. Prokop advised the proceeds from liquor sales were going to the bar and proceeds from the silent auction and the horseshow tournament would be going back to the school and the kids. 

Mayor Pro Tem Smith motioned to come back out of public hearing and into open meeting at 7:39pm, seconded by Director Howard, and the motion carried 3-0. In discussion, Mayor Pro Tem Smith asserted he would like to see the people who apply for the liquor license be the parties that speak to the Board concerning such, not the persons holding the event, but the entity serving the alcohol. Ms. Arnold clarified that all requirements set forth by the state were met but that the Town has the ultimate approval as to whether they get it or not. Further, essentially the bar and the school both will be recipients of the liquor license - they share the license. 

Director Howard motioned to approve Kiowa's School special event liquor license request, Director Lowry seconded, and the motion carried 3-0 with no discussion. 

Ms. Boyd requested that those items in Public Comment and New Business be moved before the Executive Session so that those staying for those areas of the meeting do not have to wait until the end of the meeting. 

Public Comment

Eric Whitman from the Kiowa Lions Club advised they are selling peaches again this year. Taking orders until the middle of August, arrival date is August 26th - this will be the 3rd crop. Costs are $35/small box and $45/large box. Also advised the pancake breakfast will begin again the second Sunday of September and run through May 2024. 

Old Business

Discussion concerning the Operating Agreement with KWWA was addressed in motions made under executive session. 

Ms. Boyd advised she will continue moving forward with drafting the ordinance conveying the remaining water rights and working with Town legal counsel concerning such. 

New Business

Much discussion was had amongst the Board concerning proposed Code updates as they relate to short-term rentals, Airbnb/VRBO, and development in Kiowa. Director Howard made the motion instructing Ms. Boyd to move forward with continuing this process regarding these areas of the Code with the planning and variance committee. Mayor Pro Tem Smith seconded the motion and the motion carried 3-0 with no discussion. 

Much discussion was had concerning a proposed code enforcement fine schedule. Ms. Ellis advised her hands are tied with moving past letters of enforcement if we do not have an actual court to write them into. Mayor Pro Tem Smith asserted that he would like to see the Town move forward with reestablishing a municipal court. Ms. Ellis advised Deer Trail conducts court twice a year and she will have their clerk contact us with more information on how they do theirs. 

Executive Session

Mayor Pro Tem Smith moved to adjourn the open meeting at 9:00pm and move into executive session. Director Howard seconded the motion and it carried 3-0 with no discussion. 

Director Howard moved to go into executive session at 7:31pm. Director Wineland seconded the motion and it carried 3-0 with no discussion. 

Mayor Pro Tem Smith moved to adjourn the executive session at 9:55pm and move back into open meeting. Director Howard seconded the motion and it carried 3-0 with no discussion. 

Mayor Pro Tem Smith moved to go back into open meeting at 9:57pm, Director Howard seconded the motion and it carried 3-0 with no discussion. 

Director Howard made the motion instructing Ms. Boyd to reach out to Debbie Ullom of KWWA and organize a work session regarding revisions to the current operating agreement. Director Lowry seconded, and motion carried 3-0 with no discussion.

Discussion/Correspondence

None. 

Adjourn

Mayor Pro Tem Smith made the motion to adjourn at 10:01 p.m. Director Howard seconded, and the motion carried 3-0 with no discussion. 

The next regular meeting will be on August 8th at Town Hall at 7:00pm