July 30, 2024 Minutes

Call to Order

The special meeting of the Board of Trustees was called to order on July 30, 2024, at 7:01 PM by Mayor Kolm. 

Roll Call

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

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 8:30pm. 
Joey Kuhns 
Diana Edstrom 
Debbie Ullom 

Agenda Consent

Mayor Kolm advised the agenda is revised by deleting Ordinance 8, Series 2024 and Ordinance 7, Series 2024, is amended to include a revised Ordinance 7, Series 2024 to include both a sales tax and a use tax increase of I% on the November 2024 ballot, and renumbering Ordinance 9, Series 2024 to Ordinance 8, Series 2024. Trustee Shafer seconded the motion. The motion was carried 7-0 with no discussion. 

Public Comment

The following individuals made Public Comment: 

1. Joey Kuhns-42309 Kiowa Bennett Road, Kiowa, CO
   Ms. Kuhns spoke to her limited land uses available for the old bank building she purchased in Town Center recently. Ms. Kuhns called out the inconsistencies in what types of business are not permitted under the current zoning code and what is already operating in Town Center

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. 

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 7:33pm. 

New Business

1. Mayor Kolm declared no action is being taken at this time concerning Town of Kiowa v. Tim Craft and Kiowa Water and Wastewater Authority. Elbert County, Colorado, Case No. 2024 CV 30050
2. 2024 ELECTION BALLOT MEASURES AND AGREEMENTS
   • RESOLUTION 10, SERIES 2024, ELECTION RESOLUTION
     Trustee Howard made a motion to approve RESOLUTION 10, SERIES 2024 and Trustee Wineland seconded, and the motion carried 7-0 with no further discussion.
   • RESOLUTION 11, SERIES 2024, A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH ELBERT COUNTY FOR THE 2024 ELECTION FOR THE TOWN OF KIOWA, COLORADO
     
     Mayor Pro Tem Smith made a motion to approve RESOLUTION 10, SERIES 2024 and Trustee Howard seconded, and the motion carried 7-0 with no further discussion.
   • ORDINANCE NO. 6, SERIES 2024, AN ORDINANCE OF THE TOWN OF KIOWA, COLORADO REFERRING A BALLOT MEASURE TO THE REGISTERED ELECTORS OF THE TOWN OF KIOWA AT THE NOVEMBER 5, 2024, ELECTION REGARDING IMPLEMENTING A LODGING TAX OF 3.0% WITH UP TO FIFTY (50%) PERCENT FOR CONSTRUCTION AND MAINTENANCE OF ROADS, STREETS, RIGHTS-OF-WAY AND FIFTY PERCENT (50%) IN THE CAPITAL IMPROVEMENT FUND
     
     There was no public comment.
     
     Mayor Pro Tem Smith made a motion to approve ORDINANCE NO. 6, SERIES 2024 and Trustee Shafer seconded, and the motion carried 7-0 with no further discussion.
   • ORDINANCE NO. 7, SERIES 2024, AN ORDINANCE OF THE TOWN OF KIOWA, COLORADO REFERRING A BALLOT MEASURE TO THE REGISTERED ELECTORS OF THE TOWN OF KIOWA AT THE NOVEMBER 5, 2024, ELECTION REGARDING IMPLEMENTING A LODGING TAX OF 3.0% WITH UP TO FIFTY (50%) PERCENT FOR CONSTRUCTION AND MAINTENANCE OF ROADS, STREETS, RIGHTS-OF-WAY AND FIFTY PERCENT (50%) IN THE CAPITAL IMPROVEMENT FUND
     
     Mayor Pro Tem Smith expressed concern about this ballot initiative being brought forth on this general election ballot at the same time Kiowa Schools is seeking an increase to their mill levy so as to secure the best grant they are seeking. He feels the school should be made a priority over the Town needs and Mayor Kolm agreed.
     
     There was no public comment.
     
     Trustee Hart made a motion that we delay this ordinance until the next spring special election. Trustee Wineland seconded that motion, the motion was carried 7-0 with no further discussion. 
3. ORDINANCE NO. 9, SERIES 2024, AN ORDINANCE RESCINDING ORDINANCE 1, SERIES 2011, AN ORDINANCE ELIMINATING COMPENSATION FOR THE MAYOR AND BOARD OF TRUSTEES AND REINSTATING COMPENSATION IN ACCORDANCE WITH THE TOWN CHARTER, ARTICLE III AND TOWN OF KIOWA MUNICIPAL CODE, SECTION 2-25, AS AMENDED
   
   There was no public comment.
   
   Trustee Howard made a motion to approve ORDINANCE NO. 9, SERIES 2024 and Trustee Hart seconded, the motion carried 7-0 with no further discussion. Compensation in the amount of two hundred dollars ($200) per month will be reinstated for the Mayor and one hundred dollars ($100) per month for the Board of Trustees, to take effect January 1, 2025.
4. RESOLUTION 12, SERIES 2024, A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN OF KIOWA FEE SCHEDULE
   
   Trustee Howard made a motion to approve RESOLUTION 12, SERIES 2024, and Trustee Shafer seconded that motion, the motion was carried 7-0 with no further discussion.

Discussion/Communications

None. 

Adjourn

Mayor Pro Tem Smith made the motion to adjourn at 8: 10 pm. Trustee Shafer seconded, and the motion carried 7-0 with no discussion.

The next regular meeting will be on August 13th at Town Hall at 7:00 p.rn.