Call to Order
The special meeting of the Board of Trustees was called to order on March 11, 2024, at 7:00 PM by Mayor Rick Kolm.
Roll Call
Present: Mayor Kolm, Trustee Wineland, Trustee Howard, Trustee Baker, Trustee Shafer, Trustee Hart and Mayor Pro Tem Smith 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 Counsel via Zoom
Tim Craft, Craft Companies and KWWA
Kristen Decker, Foster Graham Milstein and Calisher, Attorneys at Law
Eric Whitman, KWWA
Teresa Parker, KWWA
Bret Wager, KWWA
Jim Digby, property owner appeared via Zoom
Debbie Ullom
Diane Edstrom
Agenda Consent
Ms. Decker advised Mr. Craft would like to participate in the Executive Session if it did indeed include conversation pertaining to personnel. Ms. Borne agreed to .strike the discussion concerning personnel from the agenda and not refer to it during executive session. Trustee Howard made the motion to approve the agenda with revisions. Trustee Wineland seconded the motion and the motion was carried 6-0 with no discussion.
Executive Session
Director Howard made a motion to go into executive session at 7:01pm, Director Wineland seconded, and the motion carried 6-0 with no discussion.
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:
Conference with Town Attorney for the purposes of receiving legal advice on specific legal questions regarding the Well Development Agreement of Kiowa Creek Meadows and the Kiowa Water and Wastewater Authority and KWWA Board of Directors personnel matters.
Mayor Pro Tem Smith made a motion to leave the executive session at 7:34pm, Director Howard seconded, and the motion carried 6-0 with no discussion.
Public Comment
The Board heard public comments pertaining to proposed Ordinance 3, Series 2024.
Jim Digby, property owner, spoke in opposition to Ordinance 3, Series 2024. He advised it is his desire that this development move forward. Asked that the Board would stop "unnecessary road blocks" - such as the rescinding of the agreement, moratorium, etc. Advised there is a lien on his property as a result of this matter. A disregard to the future financial health of both the Town and the Authority, "in his opinion." Mr. Digby reiterated his past and current investments in this town and has asked for the Town to reconsider their position on this matter.
Kristen Decker, representing Tim Craft and CB Holding Company, spoke in opposition to proposed Ordinance 3, Series 2024. Among other various stated oppositions, Ms. Decker asserted the rescission of the Development Agreement does not rescind the Well Development Agreement, and that the two agreements are separate with different parties, with two recordation numbers. They were reported separately. She further asserted the Town was not a party to. the Well Development Agreement and cannot rescind it or intentionally interfere with it. Under her interpretation of the establishing agreement, only the Water Authority has the right to remove a board member, not the Town.
Tim Craft asserted the Town seems to be "beating a dead horse in the ground" and speculated the costs associated with these actions is in the hundreds of thousands to the Town and similarly to the Water Authority. He advised he is always open to sitting down and discussing this in further detail, and he wants to clear the record regarding the representation of the well agreement two meetings ago.
Debbie Ullom, previous KWWA Board President, spoke in opposition to the rescinding the Water Well Agreement. Ms. Ullom advised she was appalled by the assertion at February's meeting that Mr. Craft was going to get free tap fees, free meters, etc. because it is not true. Rather they were going to be reimbursed for a certain number of tap fees over a 10-year span, with a consumer inflation price index attached to it. Made reference to the information contained in the lien was inaccurate and information asserted at the February monthly meeting being inappropriate for discussion at a public meeting.
Diane Edstrom, former owner and operator of the Elbert County Tribune, spoke in opposition to rescinding the Water Well Agreement. She inquired as to who recorded the Development Agreement and Water Well Agreement as one agreement. Advised sh was at the meeting held in August 2021 wherein the Board approved the Development Agreement and the Water Well Agreement was not part of that approval.
Director Howard made a motion to approve ORDINANCE 3, SERIES 2024 - AN ORDINANCE REAFFIRMING THE RESCISSION OF THE KIOWA CREEK MEADOWS DEVELOPMENT AGREEMENT AND WELL DEVELOPMENT AGREEMENT AND FURTHER ESTABLISHING THE DISQUALIFICATION OF THE APPOINTMENT OF THE BOARD MEMBER TO THE KIOWA WATER& WASTEWATER AUTHORITY, Director Hart seconded, and the motion carried 6-0 with no discussion.
POLL VOTE:
Mayor Pro Tem Smith - AYE
Trustee Wineland - NAY
Trustee Howard - AYE
Trustee Hart - AYE
Trustee Baker - NAY
Adjourn
Trustee Howard made the motion to adjourn at 7:54 pm. Trustee Wineland seconded, and the motion carried 6-0 with no discussion.
The next regular meeting will be on March 12th at Town Hall at 7:00 p.m.