Call to Order
The monthly meeting of the Board of Trustees was called to order on March 12, 2024, at 7:27 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 at 7: 31 pm after experiencing connection issues. The Town of Kiowa had a quorum to conduct business.
Also Present:
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 for Tim Craft
Dianne Miller, Attorney at Law for Tim Craft
Eric Whitman, KWWA
Teresa Parker, KWWA
Bret Wager, KWWA
Jim Digby, property owner appeared via Zoom
Debbie Ullom
Diane Edstrom
Will White, Friends of Fair Board
Mary Martin, Elizabeth Area Chamber of Commerce
Agenda Consent
Ms. Boyd advised there would be a revision to the agenda by adding a speaker to X. New Business, C. Resolution 7, Series 2024. Trustee Howard made the motion to approve the agenda with revisions. Trustee Baker seconded the motion and the motion was carried 6-0 with no discussion.
Staff Reports
- Mayor
Mayor Kolm reminded the board members of the oath they all took to the Town and gave appreciation to Debbie Ullom for the contribution she made back during the "rough patch" the Town was experiencing. Mayor Kolm then read a prepared statement regarding the attempt by a citizen to record the content of a closed door executive session on Monday, March 11, 2024. - Board of Trustees
None. - Town Attorney
None. - Town Administrator
Ms. Boyd advised she is still working to secure a prosecutor that will work within the Town's budget. It is likely that municipal court will begin in April, rather than this month.
Ms. Boyd made an open apology regarding comments made to the Board in open meeting in February that were not meant to be disparaging in nature but should not have been made in open meeting all the same. - Public Works
Ms. Boyd advised she has Mr. Mendez scheduled to do street sweeping next week, weather permitting. - Code Enforcement
(1st Qtr Report due in April)
Consent Items
- Approval of minutes from the BoT Monthly Meeting on February 13, 2024, and March 5th and March 11th, 2024
Ms. Borne requested that the minutes from February 13, 2024, be revised to reflect Mr. Craft's foreign entities accurately. Trustee Howard made the motion to approve the minutes with revisions from the February 13, 2024, Board of Trustees Monthly Meeting, as well as the minutes from the special meetings on March 5th and 11th, 2024. Trustee Wineland seconded, and the motion was carried 6-0 with no discussion. - Expenditures for Year-to-Date 2024
Mayor Pro Tem Smith made the motion to approve the YTD 2024 financials. Trustee Howard seconded, and the motion was carried 6-0 with no discussion.
Public Hearing
Trustee Howard made a motion to go into public hearing at 7:36pm, Trustee Schafer seconded, and the motion carried 6-0 with no discussion.
- Mary Martin with the Elizabeth Area Chamber of Commerce was present to speak to the special event liquor license permit request for their event scheduled on April 6, 2024. She advised no one under the age of21 years old will be permitted entry, wristbands will be utilized and people directly associated with the Chamber will be selling the alcohol.
There was no public comment.
Trustee Howard made a motion to leave the public hearing at 7:39pm. Trustee Shafer seconded, and the motion carried 6-0 with no discussion.
Trustee Howard made the motion to approve the special event liquor license request of the Elizabeth Area Chamber of Commerce. Trustee Baker seconded, and the motion was carried 6-0 with no discussion.
Public Comment
Debbie Ullom, previous KWWA Board President, read a prepared statement to the following effect:
- Town of Kiowa's failure to make loan payments; bills not being paid; reports not filed; violations from the state and CDPHE for failure to report and test; audits and budgets not being sent to USDA and other state agencies; offices not being open; calls going unanswered; billing not going out on time; giving away taps to "Ann Alley" at no charge; and, the "attack and accusations" put out by your attorney and administrator that KWWA signed an agreement without voting.
- Referring to the Town as keeper of the minutes, videos, permits and all records, Ms. Ullom asserted the Town of Kiowa and the Board of Trustees have failed in that capacity. She further asserted that Administrator Kim Boyd closed the Town of Kiowa website that was up to date with 2020 and 2021 records and they are not on the new website.
- Ms. Ullom asserts that on page 2 of 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 Board Member to the Kiowa Water and Wastewater Authority, at the "5th WHEREAS", wherein it was asserted the Development Agreement failed to follow any formal approval requirements; there is no record of the Water Authority approving the Well Agreement in any manner. There are no minutes, resolutions, or motions to approve the Well Development Agreement by the Water Authority; This is completely inaccurate. The Town of Kiowa failed to keep minutes or video, and this is a violation of the operating agreement.
- She asserted that she can play for the recording of the July 13, 2021 meeting that was posted on July 19, 2021 by Town Administrator Maria Morales wherein, at or around minute 12 the entire board voted to approve upon validation of the company and a small verbiage change. Further, she asserts this Facebook page was deleted also but is still accessible.
- She asserted the Town broke their own home rule charter rules by not allowing public comment at the meeting held on March 5th, 2024. She asserted that page 5- 3.04 number 3 reads: All regular and special meetings of the board shall be open to the public and citizens and employees shall have a reasonable opportunity to be heard. The entire KWWA Board along with 2 taxpayers sat in the audience of the Town Monthly Board meeting and were not allowed to speak and it was not just an executive session. There was discussion and should have been a reasonable opportunity to be heard by your rules. The Board of Trustees owes KWWA an apology for the falsehoods and lousy treatment.
Jim Digby, property owner, spoke in opposition to the rescission of the Water Well Agreement through the Board's approval of Ordinance 3, Series 2024.
Old Business
RESOLUTION 4, SERIES 2024: A RESOLUTION OF THE TOWN OF KIOWA TO AUTHORIZE THE EQUIPMENT LEASE-PURCHASE FROM FRONT RANGE KUBOTA, INC. BY AND THROUGH THEIR MUNICIPAL LEASE PROGRAM
Ms. Boyd spoke to previous board meeting discussions concerning the discussions pertaining to utilizing proceeds from the previous sale of assets. She advised the Board it is not proper procedure for a municipality to take on debt without proper approval from its citizens via vote by ballot. Thus, she has been working with Kubota on a lease-purchase option and in order to proceed with the discussions she needs a resolution from the Board authorizing her to enter into negotiations for a municipal lease program.
Trustee Wineland made the motion to approve RESOLUTION 4, SERIES 2024: A RESOLUTION OF THE TOWN OF KIOWA TO AUTHORIZE THE EQUIPMENT LEASE-PURCHASE FROM FRONT RANGE KUBOTA, INC. BY AND THROUGH THEIR MUNICIPAL LEASE PROGRAM. Trustee Baker seconded the motion and the motion carried 6-0 with no discussion.
RESOLUTION 5, SERIES 2024: RESOLUTION FOR THE BOARD OF TRUSTEES, ELBERT COUNTY, KIOWA, COLORADO, OPPOSING SUPPORT FOR ILLEGAL IMMIGRATION AND UNDOCUMENTED PERSONS
Mayor Pro Tem Smith made the motion to approve RESOLUTION 5, SERIES 2024: RESOLUTION FOR THE BOARD OF TRUSTEES, ELBERT COUNTY, KIOWA, COLORADO, OPPOSING SUPPORT FOR ILLEGAL IMMIGRATION AND UNDOCUMENTED PERSONS. Trustee Shafer seconded the motion and the motion carried 6-0 with no discussion.
RESOLUTION 6, SERIES 2024: A RESOLUTION ESTABLISHING A DESIGNATED PUBLIC PLACE FOR THE POSTING OF MEETING NOTICES AS REQUIRED BY THE COLORADO OPEN MEETINGS LAW
Trustee Howard made the motion to approve RESOLUTION 6, SERIES 2024: A RESOLUTION ESTABLISHING A DESIGNATED PUBLIC PLACE FOR THE POSTING OF MEETING NOTICES AS REQUIRED BY THE COLORADO OPEN MEETINGS LAW. Trustee Shafer seconded the motion and the motion carried 6-0 with no discussion.
RESOLUTION 7, SERIES 2024: A RESOLUTION OF THE TOWN OF KIOWA REGARDING CDOT SIGNAGE
Will White, Vice President of the Elbert County Fair Board, spoke to how much it would benefit the Elbert County Fair by being allowed to hang large banners over CO-86, as they had done in years past. It would allow the fair board to get the word of the event out further by attracting the attention of those who drive through Kiowa daily or even just visiting. Ms. Boyd advised approval of this resolution would allow her to move forward with the permit application to CDOT. As well, she advised CORE Electric Coop has offered an in-kind donation of putting in the necessary poles that would allow optimal display of the banners, one at each end of the Town.
Trustee Howard made the motion to approve RESOLUTION 7, SERIES 2024: A RESOLUTION OF THE TOWN OF KIOWA REGARDING CDOT SIGNAGE. Trustee Wineland seconded the motion and the motion was carried 6-0 with no discussion.
Discussion/Communications
Ms. Ullom asked that the Board review the video of the KWWA monthly meeting from July 2021 posted to the old Town of Kiowa Facebook and reconsider their vote on the previously approved ordinance.
Mr. Craft asked for a revision regarding his entities, as well.
Adjourn
Trustee Wineland made the motion to adjourn at 8:00 pm. Trustee Howard seconded, and the motion carried 6-0 with no discussion.
The next regular meeting will be on April 9th at Town Hall at 7:00 p.m.