May 14, 2024 Minutes

Call to Order

The regular monthly meeting of the Board of Trustees was called to order on May 14, 2024, at 7:31 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 was present 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
Richard Croisant, via Zoom
Debbie Ullom
Diana Edstrom
Eric Whitman, KWW A Board
Tim Craft, KWW A Board
Laurel Brown, KWW A Board
Earl Enix via Zoom
Sandy Kalisch via Zoom
Ed Campbell via Zoom

Pledge of Allegiance

Mayor Kolm led the Board in the pledge of allegiance.

Agenda Consent

Ms. Boyd requested to revise the agenda by adding C. Engagement with Helton & Williamson, P. C. Firm for water study under New Business. Trustee Howard made the motion to approve the agenda with revisions. Trustee Shafer seconded the motion, and the motion was carried 7-0 with no discussion.

Public Comment

The following individuals made Public Comment:

Richard Croisant, 100 Ute Avenue #A-6, Kiowa, CO
- Is the 300 hours of usage on the Kubota an annual usage or for the life of the contract?
- The park shades were supposed to be up last year. When will the park shades be up in the parks?
- I received a code violation and the charge to send a certified letter to me was $10. Why can't a board member just come to my house and talk to me about it - I understand why the Town is going broke.
Debbie Ullom, 228 Comanche Street, Kiowa, CO
- Asked what the status of the 2023 audit was and asked the board to review the Town Charter because she is noting that the charter dictates the annual audit is to be completed 120 days after the end of the fiscal year, which is in December. Wanted to know why it was being done in June when it is due to the state by the end of June.
- She did a CORA request and found that the town purchased in the initial pavilions in April 2022 for $10,222.26, but the records she received back to her open records request indicates a deposit of only $3000 on 2/28/2024. She went through the timeline and wondered if only part of the pavilions were returned for credit, or another deposit is missing- did the Town really lose $7000 on them. Cannot find where the pavilions were put up for auction - cannot find anything regarding how they were disposed. Wants to know where the balance is.
- Advised it was discussed at the February 2022 monthly meeting that all the tools from the shop were gone and wants to know if a better system was put in place regarding inventory.
Julie Mizak, 424 Navajo Street, Kiowa CO
- The traffic exiting the bank parking lot onto Navajo Street will be impeding on the neighborhood residents. She is concerned about the lights of the vehicles shining into her house as they come out, especially in the winter when it gets dark earlier in the evening. She asks that the bank erect a fence just in that area wherein this would affect her.
- Noted her opposition to the Digby disconnect from the Town.
Diana Edstrom, 26060 CR 41, Elbert, CO
- She finds issue with the Town's availability of records, how those records are stored and the ability to match documents to each other. The Town appears to only use a paper records method of accounting. She was given access to boxes where the mentioned records were stored and where she found invoices and check stubs stapled together. She advised she obtained records from Colorado State Auditor, DOLA, Town meeting minutes and other sources through open record requests and pieced together financial information regarding Kiowa Creek Development based off those responses. She advised she found that the budgeted amount and the expenditures did not match from what she pieced together.
Andrew Coburn signed up but chose not to speak.
Joey Kuhns signed up but chose not to speak.

Staff Reports

Mayor
Welcomed Farmers State Bank to the meeting tonight and looked forward to their presentation. Advised the Town is extremely excited to finally have another permanent bank in Kiowa and appreciated them for picking Kiowa as their next location.
Board of Trustees
Trustee Howard made comment to the noise and "talking over" that occurred at the previous KWW A meeting and asked that those who participated in those actions at that meeting not repeat them in a Town meeting.
Town Attorney
Ms. Borne updated the Board members who were not present for the previous meeting for the KWW A, concerning the fact that they passed a motion to review, appointing a management company to manage the KWW A and tabled the motion to terminate the operating agreement with the Town until the agreement for services is reviewed by counsel.
Town Administrator
1. Park Pavilions - Ms. Boyd advised the RFP seeking a firm or individual to construct the park pavilions went out on May 8, 2024. Deadline for responses is May 23, 2024. She advised when construction begins, she will want to start with the Town's main park, Nordman Memorial Park.
2. The first Music in the Park event will be on June 1st and featuring artist Randi Keira. Food trucks will be available this year at each event.

Public Works

None.

Code Enforcement

2nd QTR report due in July.

Consent Items

Approval of minutes from the April 9, 2024, Monthly Meeting, and April 2, 2024, April 16, 2024, and April 23, 2024, Special Meetings
Trustee Howard made the motion to approve the minutes from the April 9, 2024, Monthly Meeting, and April 2, 2024, April 16, 2024 (with revisions showing Trustee Wineland and Trustee Hart in attendance), and April 23, 2024, Special Meetings. Trustee Wineland seconded, and the motion was carried 7-0 with no discussion.

Ms. Boyd read prepared memorandums addressed to the Board responding to Ms. Ullom's public comment in two prior meetings, on April 3rd and April 9th, 2024, into record.
Expenditures for Year-to-Date 2024
Financials were reviewed and there was no discussion.

Public Hearing

Mayor Kolm called the public hearings to order at 8:03pm.

Dewayne Menz with the Elbert County Republican Party spoke to their group's request for a special event liquor license for the Big Time Bucking Horse Futurity being held on September 6th and 7th. He advised servers will all be TIPS certified and hand stamps will be utilized at the door to identify twenty-one and over.

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.

Trustee Howard made the motion to approve the Elbert County Republican Party's request. Trustee Wineland seconded, and the motion passed 7-0 with no discussion.
Farmers State Bank - 434 Comanche Street. Request for new construction plans. Travis Reynolds, Planning Manager for SAFEbuilt Studio, spoke to the Board concerning the last two conditions he is looking for compliance in to meet approval from the Board. Those conditions are:
1. The Site Plan be completed to the satisfaction of the Town Staff and referral agencies prior to the issuance of any grading or building permits issued by the Town.
2. The Applicant provide the Town with documentation of a Highway Access Permit as approved by the Colorado Department of Transportation."
Trustee Howard made the motion to approve the construction plans put forth by Farmers State Bank, with the condition they meet the conditions of SAFEbuilt and adhere to their promise to mitigate the potential interruptions to the neighboring citizens' properties through installing fencing along the west curbline of the parking lot. Trustee Baker seconded, and the motion passed unanimously with a vote of1 A YES and Q NAYS, with no discussion.
Mayor Kolm: Aye
Mayor Pro Tem Smith: Aye
Trustee Wineland: Aye
Trustee Howard: Aye
Trustee Hart: Aye
Trustee Shafer: Aye
Trustee Baker: Aye

Old Business

Trustee Wineland made the motion to approve the final draft of the Kiowa Comprehensive Plan Update with the recommended revisions. Trustee Howard seconded and the motion passed unanimously with a vote of 1 A YES and Q NAYS, with no discussion.
Mayor Kolm: Aye
Mayor Pro Tem Smith: Aye
Trustee Wineland: Aye
Trustee Howard: Aye
Trustee Hart: Aye
Trustee Shafer: Aye
Trustee Baker: Aye
Municipal Court
- Trustee Wineland made the motion to engage with the Ausmus Law Firm for prosecuting services. Trustee Howard seconded and the motion passed 7-0 with no discussion.
- Mayor Pro Tem Smith made the motion to approve the use of extra-duty deputies from the Elbert County Sheriffs Office for security during court sessions at a rate of $60 per hour. Trustee Wineland seconded, 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 8:28pm. 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 8:49pm. Participants to the executive session were Mayor Kolm, Trustee Wineland, Trustee Howard, Trustee Baker, Trustee Hart, and Trustee Shafer. Mayor Pro Tem Smith was present via Zoom, 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.
Trustee Howard made the motion to approve Policy 22-057: Information Technology- Website Privacy Policy. Trustee Wineland seconded the motion and the motion passed 7-0 with no discussion.
Trustee Wineland made the motion to approve engaging with Helton & Williamsen, P, C, for a water study. Trustee Howard seconded the motion and the motion passed 7-0 with no discussion.

Discussion

Ms. Boyd advised the Board that KWW A Board Trustee Tim Craft had filed a complaint against the Town regarding an open records request that was not met by the Town to him, as an individual. She further advised that this same complaint was filed against the custodian of records for both the Town and the KWW A. However, since the Town is contracted by the KWW A to conduct operations for the KWW A and therefore placing the KWW A as custodian of their own records. Due to this fact, CIRSA has assigned legal counsel to the Town and separate legal counsel to the KWW A. Further, there are issues with this complaint as they relate to who submitted the open records request -Tim Craft or his personal legal counsel, Dianne Miller. The assigned legal counsel for both entities is still working on this matter.

Adjourn

Trustee Howard made the motion to adjourn at 9:01 pm. Trustee Wineland seconded, and the motion carried 7-0 with no discussion.

The next regular meeting will be on June 11th at Town Hall at 7:00 p.m.