Call to Order
The regular monthly meeting of the Board of Trustees was called to order on November 14, 2023, at 7:12 PM by Mayor Rick Kolm.
Roll Call
Present: Mayor Pro Tem Trevor Smith via Zoom, Director Josh Baker, Director Baillie Wineland, Director Andrew Lowry and Director Terry Howard were present. The Town of Kiowa had a quorum to conduct business.
Mayor Rick Kolm arrived late at 7:12pm. Director Jonathan Shafer was absent.
Also present were:
Kim Boyd, Town Administrator
Sasha Davidson, Town tlerk
Ruth Borne, Town Counsel via Zoom
Debbie Ullom, Kiowa Water and Wastewater Authority
Eric Whitman, Kiowa Water and Wastewater Authority
John Hill, Ranchland News
Pledge of Allegiance
Mayor Kolm led the Board in the pledge of allegiance.
Agenda Consent
Director Howard made the motion to approve the agenda, Director Baker seconded the motion and the motion was carried 5-0 with no discussion.
Staff Reports
- Mayor
None. - Board of Trustees
None. - Town Attorney
Ruth Borne advised last section of the Town Code to be reviewed under the moratorium is Sec. 17-Subdivision. It is the hope of PV to be able to share these recommendations for update in phases with the Board and will be asking for an extension of the moratorium later in the meeting. - Town Administrator
Ms. Boyd advised the Town has contracted with a snowplow company to conduct snowplow services on the town priority routes only. The rest of the town (residential streets, etc.) will be plowed by town personnel.
Kimley-Horn was pleased with the turnout they received at the first community engagement meeting in September and they received much useful information toward the comprehensive plan update. The next community engagement meeting will be after the beginning of the year and they are on track to have it finalized in February.
Ms. Boyd advised the Town was awarded the $750,000 grant from DOLA to go towards the design and engineering phase of the storm water drainage project through the main stretch of town along SH-86. This grant will be coupled with the $500,000 from the CDOT TAP program and the $250,000 in ARPA funding the Town is required to spend within the riext couple of years.
Ms. Boyd advised the 2023 Christmas event is planned for Saturday, December 2nd from 3pm to 7pm, here at Town Hall. We will have Santa on hand to visit with kiddos and take pictures with the kids, Tigger the mini horse and the Elbert County Fair Royalty. Forty Mile Feed will be providing goody bags for the kids. Farmers State Bank will be providing cookies and Dancing Jaguar will be providing hot cocoa and coffee. The Some Sweet Day Quartet Will be on hand for live music. - Public Works
Ms. Boyd advised that there is one sole piece of auctioned equipment that has not been picked up at the shop and she is working with Purple Wave Auctions to get that rectified. - Code Enforcement
None. 4rd quarter report due in December.
Consent Items
- Approval of minutes from October 10, 2023, BoT Monthly Meeting
Director Howard made the motion to approve the minutes from the October 10, 2023, BoT Monthly Meeting. Director Wineland seconded, and the motion was carried 5-0 with no discussion. - Expenditures for Year-to-Date 2023
Director Howard made the motion to approve the YTD 2023 financials. Director Wineland seconded, and the motion was carried 5-0 with no discussion.
Public Hearing
None.
Public Comment
None.
New Business
- 2024 ToK Budget finalization
Ms. Boyd presented the 2024 ToK draft budget to the Board. There were no questions or discussion. The final budget will be presented for approval at the December 12, 2023, monthly meeting. - Extension of Emergency Moratorium
Ms. Borne explained that the PV is requesting an extension to the 180-day moratorium so that they can sufficiently and thoroughly complete their review of the necessary code updates for presentation to the Board. Ms. Borne advised a revision to ORDINANCE 3, SERIES 2023: AN EMERGENCY ORDINANCE OF THE TOWN OF KIOWA BOARD OF TRUSTEES OF THE TOWN OF KIOWA, COLORADO, PROVIDING FOR A 180-DA Y MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR DEVELOPMENT would be on the December 12, 2023, monthly meeting agenda. Director Howard made the motion to approve an extension of the emergency moratorium, Director Wineland seconded, and the motion was carried 5-0 with no discussion.
Old Business
- Operating Agreement between Town and KWWA
Director Howard made a motion to approve the Amended and Restated Operating Agreement with the Kiowa Water and Wastewater Authority with stated revisions. Director Baker seconded, and the motion carried 5-0 with no discussion.
Executive Session
Director Howard made a motion to go out of public meeting and into Executive Session at 7:54pm, Director Lowry seconded, and the motion carried 5-0 with no discussion.
Director Wineland made a motion to go into Executive Session at 7:55pm, Director Howard seconded, and the motion carried 5-0 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:
(b) Conferences with Town Attorney for the purposes of receiving legal advice on specific legal questions regarding the Charge back Agreement with Kiowa Creek Meadows and with former Town Attorney, determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators on the Kiowa Creek Meadows Charge back Agreement and former Town Attorney"
Mayor Pro Tem Smith made a motion to go out of Executive Session and back into public meeting at 8:44pm, Director Lowry seconded, and the motion carried 5-0 with no discussion.
Director Howard made a motion to go into public meeting at 8:46pm, Mayor Pro Tem Smith seconded, and the motion carried 5-0 with no discussion.
Director Baker made a motion requesting that all invoices from Ruth Borne be presented to the Board for payment moving forward, Director Wineland seconded, and the motion carried 5-0 with no discussion.
Director Howard made a motion directing Ruth Borne to report previous town legal counsel, Robert Tibbals, to the regulatory agency appropriate regulatory agency and proceed with filing the lien on Jim Digby and Craft Companies, as previously instructed. Director Wineland seconded, and the motion carried 5-0 with no discussion.
Mayor Pro Tem Smith made a motion directing Town Administrator Kim Boyd to provide all of Ruth Born e's invoicing to the Board. Director Baker seconded, and the motion carried 5-0 with no discussion.
Adjourn
Mayor Pro Tem Smith made the motion to adjourn at 8:49pm. Director Baker seconded, and the motion carried 5-0 with no discussion.
The next regular meeting will be on December 12th at Town Hall at 7:00 p.m.
Approved:
Rickard D. Kolm, Mayor
Kimberly Boyd, Town Administrator