Call to Order
The special meeting of the Board of Trustees was called to order on June 6, 2024, at 7:04 PM by Mayor Rick Kolm.
Roll Call
Present: Mayor Kolm, Mayor Pro Tern Smith, Trustee Howard, Trustee Baker, Trustee Shafer, Trustee Hart and Trustee Wineland appeared via Zoom. The Town of Kiowa had a quorum to conduct business.
Also present were:
Kim Boyd, Town Administrator
Sasha Davidson, Town Clerk
Ruth Borne, Town General Counsel via Zoom
Nicholas Poppe, Special Counsel via Zoom
Agenda Consent
Mayor Pro Tem Smith made a motion to approve the agenda. Trustee Shafer seconded the motion and the motion was carried 6-0 with no discussion.
Public Comment
None.
Conflict of Interest
Ms. Borne requested anyone with a clear or perceived conflict to speak up and make that conflict known prior to entering executive session. She further impressed upon the Board the importance of maintaining the integrity of the discussions held in executive session and any actions on the part of any board member breaching the sanctity of the executive session will be taken very seriously and, if needed, will be handled criminally. There was no response or discussion from the Trustees.
Trustee Shafer made the motion to move into Executive Session at 7:12pm. Trustee Baker seconded and the motion was carried 7-0 with no discussion.
Trustee Howard made a motion to add an amendment to the agenda to exclude Trustee Baker from the executive session to avoid compromising attorney-client privilege. Trustee Baker immediately and voluntarily recused himself from the rest of the meeting without a second being made of the motion.
ROLL CALL VOTE:
Mayor Kolm - AYE
Mayor Pro Tem Smith - AYE
Trustee Wineland - AYE
Trustee Howard - AYE
Trustee Hart - AYE
Trustee Shafer - AYE
Executive Session
"Subject to C.R.S. 24-6-402(4(b)), 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 Town Special Counsel for the purpose of receiving legal advice on specific legal questions regarding the operations of the Kiowa Water and Wastewater Authority (KWWA).
Trustee Howard made a motion to move out of executive session and back into open meeting at 8:30pm. Mayor Pro Tern seconded the motion and the motion passed 6-0 with no discussion.
New Business
Much discussion was had amongst the Board considering the history of the relationship with KWW A and the Town Board, which was considered positive and unified until the introduction of Mr. Craft to the K.WW A Board. Mayor Pro Tern Smith felt the overall temperament of the two boards has increasingly deteriorated over time and amongst the members of the KWW A Board itself. Mayor Kolm, Trustee Howard, Trustee Wineland, and Mayor Pro Tern Smith all made reference to multiple instances wherein it would seem disclosers to residents concerning business that directly affects them, such as increasing rates, were not being made and creating the impression of poor business practices on the part of KWW A. All agreed they are unhappy with the direction in which the K.WW A Board is going now and the breakdown in communication and with them. Trustee Howard is upset about the way in which the KWW A Board has taken to treating the Town staff, which is also KWWA's staff Trustee Hart voiced her observations and concerns regarding the elderly population of Kiowa and what the proposed changes on the part of the KWW A Board will have on them. Mayor Pro Tern pointed to the fact that KWW A Board Director Laurel Brown is openly questioning the actions during meetings and the Town Board has already taken actions to confirm Mr. Craft's disqualification to serve on the KWW A Board so now the Town Board needs to become more forceful in taking actions to remove Mr. Craft.
Trustee Howard made a motion directing Town legal counsel to take necessary steps to remove Tim Craft from the KWW A Board. Trustee Shafer seconded the motion and the motion passed unanimously with a vote of 6-0, without further discussion.
ROLL CALL VOTE:
Mayor Kolm - AYE
Mayor Pro Tem Smith - AYE
Trustee Wineland - AYE
Trustee Howard - AYE
Trustee Hart - AYE
Trustee Shafer - AYE
Discussion
None.
Adjourn
Trustee Howard made the motion to adjourn at 8:47 pm. Trustee Hart seconded, and the motion carried 6-0 with no discussion.
The next regular meeting will be on June 11th at Town Hall at 7:00 p.m.