Call to Order
The regular monthly meeting of the Board of Trustees was called to order on June 11, 2024, at 8:34 PM by Mayor Rick Kolm.
Roll Call
Present: Mayor Kolm, Trustee Wineland, Trustee Howard, Trustee Baker, Trustee Hart, and Trustee Shafer. Mayor Pro Tem 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 Counsel via Zoom
John Hill, Ranchland News
Richard Croisant, via Zoom
Reise Prokop - Iconic Contracting, via Zoom
David Lindauer - Maverix Broadband
Frank Saya - Maverix Broadband
Angie Steams - Maverix Broadband
Jamie Kelty
Tiffany & Adam Hermes
Breean McElroy & Austin Gamer
Pledge of Allegiance
Mayor Kolm led the Board in the pledge of allegiance.
Agenda Consent
Mayor Pro Tem Smith made a motion to revise the agenda by moving the public hearings after public comments. Mayor Pro Tem Smith apologized to those of the public left waiting for the previous meeting to end. Trustee Howard seconded the motion to approve the agenda with revisions and the motion was carried 7-0 with no discussion.
Public Comment
The following individuals made Public Comment:
- David Lindauer, Frank Saya, and Angie Steams ofMaverix Broadband from Parker, CO
Spoke to their business and the fact that they have been hired to bring broadband service throughout Elbert County by Elbert County. They are seeking a dig permit for the Town's right of ways for about 6,400 feet within the Town limits. - Richard Croisant, 100 Ute Avenue #A-6, Kiowa, CO
Spoke about the agenda for tonight's meeting missing off the website, but after making a call to Sasha that was quickly corrected. Also spoke to the numerous concrete trucks coming up and down Kiowa-Bennett Rd and the damage they are doing to the road, he asked that the Town attempt to schedule some repairs to such.
Public Hearing
Mayor Kolm called the public hearings to order at 8:36pm.
- Breean McElroy and Austin Gamer spoke to the board concerning their upcoming wedding on June 21, 2024, at the Elbert County Fairgrounds, and their request for a special event liquor license for such. He advised they have hired a bartender from 303Bash Beverages and they will be licensed and insured. The guests at the wedding will not be charged for drinks, they are complimentary. There will be no glass containers, IDs will be checked and serving times are 5-1 0pm, stopping an hour before the event ends.
- Tiffany and Adam Hermes spoke concerning their daughter Ashley Hermes' upcoming wedding on June 22, 2024, at the Elbert County Fairgrounds, and their request for a special event liquor license for such. He advised they have hired a bartender from 303Bash Beverages and they will be licensed and insured. The guests at the wedding will not be charged for drinks, they are complimentary. IDs will be checked.
- Jamie Kelty spoke concerning her daughter Chelsea Kelty's upcoming wedding on July 19, 2024, at the Elbert County Fairgrounds, and her request for a special event liquor license for such. The guests at the wedding will not be charged for drinks, they are complimentary. IDs will be checked and they will give hand stamps. Servers will be TIPS certified.
Mayor Kolm asked those present in person and via Zoom if they had any public comment regarding any of the special event liquor license requests being heard tonight and none came forward with comment or discussion.
Mayor Pro Tem Smith made the motion to approve all the special event liquor license requests heard tonight. Trustee Shafer seconded, and the motion passed 7-0 with no discussion.
Staff Reports
- Mayor
Mayor Kolm spoke to the time and effort put forth daily by both Ms. Boyd and Ms. Davidson, despite all that they have been faced with over the past several months. He expressed his gratitude fo the job they do for this Kiowa daily. - Board of Trustees
None. - Town Attorney
No report but echoed the sentiments of Mayor Kolm toward the staff. - Town Administrator
Ms. Boyd gave an update to an item that had been subject of public comment for two monthly meetings regarding an allegation that Town staff were remiss in their obligation to collect tap fees on behalf ofKWW A and impact fees on behalf of the Town regarding a new build termed "Ann Alley". Ms. Boyd provided documentation to the Board, which she located in town records, that indicated the original address for this build was 311 ½ Ute Avenue but was subsequently changed to 313 Ute Avenue, and a letter from former Town Administrator Maria Morales, was sent to owner explaining such. As well, Ms. Boyd provided the Board with a letter drafted by then Town Clerk Michelle Campbell, which was sent to the contractor confirming receipt of his payment in the amount of $15,361.75 and further indicating how it was split out for KWW A tap fees and impact fees to the Town. - Public Works
Ms. Boyd advised there has been an issue with the sprinkler heads in Nordman Park disappearing, but Mr. Mendez has been diligent in getting them replaced and the sprinklers back to operational. - Code Enforcement
2nd QTR report due in July.
Consent Items
- Approval of minutes from the May 14, 2024, Monthly Meeting, and June 5, 2024, Special Meetings
Ruth Borne asked to table the minutes from the May 14, 2024, monthly meeting until the July monthly meeting so that herself and staff can have adequate time to review and evaluate statements, allegations/issues given during an extensive public comment. Mayor Pro Tem Smith made the motion to approve the table the minutes from the May 14, 2024, monthly meeting and approve the minutes from the June 5, 2024, special meeting. Trustee Howard seconded, and the motion was carried 7-0 with no discussion. - Expenditures for Year-to-Date 2024
Trustee Howard made the motion to approve expenditures for year-to-date 2024. Trustee Hart seconded, and the motion was carried 7-0 with no discussion.
Old Business
None.
Mayor Pro Tem Smith asked to move New Business ahead of Executive Session so that those present to speak on behalf of the school do not need to wait until after Executive Session. Trustee Howard made the motion to move New Business B, C and D ahead of Executive Session. Mayor Pro Tem Smith seconded the motion, and the motion carried 7-0 with no discussion.
New Business
- Reise Prokop with Iconic Contracting was present via Zoom to speak to the Kiowa Schools
Pre-School Project and Final Drainage Narrative. Mr. Prokop advised he is not terribly concerned with sediment control due to going with a hardscaped parking lot. He advised this has also been sent over to a 3rd party engineer as well as the Colorado Department of Education for input. There is nothing obstructing waterways and a catch basin may be required. Currently he has no state-approved plan. He advised the building was moved outside the initial floodplains, which was originally planned to be in the playground area. There can be no design change without state approval. He has been approved to dig foundation, but no hardscapes - cannot set buildings without permit in hand. Erosion control and building excavation are approved and that is what he is working on now. Mr. Prokop expects the permit review by the state to be complete by the end of the next week and have everything in and opened up by Labor Day. - Trustee Howard made the motion to approve RESOLUTION 8, SERIES 2024 - SUPPORTING THE SAFE ROUTES TO SCHOOL ("SRTS") GRANT APPLICATION. Mayor Pro Tem Smith seconded the motion and the motion passed 7-0 with no discussion.
- Trustee Shafer made the motion to approve RESOLUTION 9, SERIES 2024 - SUPPORTING THE SMALL MULTIMODAL AND ECONOMIC RESILIENCY GRANT APPLICATION. Trustee Howard seconded the motion and the motion passed 7-0 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.
Trustee Howard made the motion to move into Executive Session at 9: 16pm. 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. "
Mayor Kolm declared the executive session concluded at 9:34pm. Participants to the executive session were Mayor Kolm, Trustee Wineland, Trustee Howard, Trustee Baker, Trustee Hart, and Trustee Shafer. Mayor Pro Tem Smith, Kim Boyd, Town Administrator, Sasha Davidson, Town Clerk, Ruth Borne, Town Legal Counsel, and Nick Poppe, Town Special Counsel. Receiving no stated concerns regarding the executive session, Mayor Kolm proceeded with the next agenda item.
New Business
- No action was taken on Digby Properties LLC v. Town of Kiowa.
Discussion
None.
Adjourn
Trustee Wineland made the motion to adjourn at 9:51 pm. Trustee Howard seconded, and the motion carried 7-0 with no discussion.
The next regular meeting will be on July 9th at Town Hall at 7:00 p.m.