September 10, 2024 Minutes

Call to Order

The regular monthly meeting of the Board of Trustees was called to order on September 10, 2024, at 7 :22 PM by Mayor Kolm. 

Roll Call

Present: Mayor Kolm, Trustee Wineland, Trustee Howard, Trustee Hart, and Trustee Shafer. The Town of Kiowa had a quorum to conduct business. 

Mayor Pro Tem Smith and Town Clerk Sasha Davidson were absent. 

Also present were: 
Kim Boyd, Town Administrator 
Ruth Borne, Town Counsel via Zoom 
David Lindauer, Maverix Broadband 
Sandy Kalish, Town Planning Commission 
Joey Kuhns, Kiowa Business Owner 
John Hill, Ranchland News 
Foster Houts, American Ag 
Jill Duvall, KWW A Board 
Jim Duvall 
Damon McAdams, Resident at 100 Ute A venue, Kiowa 
Marilyn Hall, Property Owner of 223 Navajo Street, Kiowa  

Pledge of Allegiance

Mayor Kolm led the Board in the pledge of allegiance. 

Agenda Consent

Ms. Boyd made a request to revise the agenda by adding a discussion item under XIII. 
Discussion/Correspondence regarding CIRSA insurance and obtaining new iPads for the Town Board. Trustee Howard made a motion to approve the agenda with the requested revision and Trustee Wineland seconded the motion. The motion was carried 5-0 with no discussion. 

Public Hearing

Mayor Kolm called the public hearings to order at 7:24pm. 

• Business license application by Foster Houts for American Custom Ag. 
  Mr. Houts advised he was seeking to obtain his business license for this business called American Custom AG. He will be selling farming and agriculture items such as water containers, hay, railroad ties, fence piping, etc. Trustee Howard confirmed for the Board that the Planning Commission has heard his request and approved to send his request to the Town Board for final approval.
  
  Mayor Kolm asked those present in person and via Zoom if they had any public comment regarding this request for a business license and no one came forward with comment or discussion. 
  Trustee Howard made the motion to approve Mr. Houts' request for a business license, Trustee Shafer seconded, and the motion passed 5-0 with no further discussion. 
• Emily Basquez & Kiowa Bar - Elbert County 150th Celebration (September 21, 2024)
  Emily Basquez spoke in place of her mother, Corey Basquez, regarding this liquor license request. Advised they will use the same protocol as all their other events: wrist bands, checking IDs, and all servers are TIPS certified.
  
  Mayor Kolm asked those present in person and via Zoom if they had any public comment regarding this request for a special event liquor license and no one came forward with comment or discussion.
  
  Trustee Wineland made the motion to approve Kiowa Bar's request for a special event liquor license. Trustee Howard seconded the motion, and the motion carried 5-0 with no further discussion.
   

Public Comment

The following individuals made public comment: 

• David Lindauer of Maverix Broadband, Parker, CO
  Town General Counsel Ruth Borne advised the Board not to take public comment from Mr. Lindauer if it involved the topic of a ROW permit since Maverix 's legal counsel had written a letter days earlier threatening legal action on baseless accusations. Mr. Lindauer had no other public comlnent and returned to his seat.
  
  Trustee Howard made the motion that the board does not hear public comment from Maverix if it involved the topic of right of way permitting and move on with the agenda. Trustee Shafer seconded the motion, and the motion passed 5-0 with no further discussion.

Staff Reports

• Mayor 
  None. 
• Board of Trustees 
  Trustee Wineland inquired as to what is considered citizen responsibility as opposed to Town responsibility when considering the weeds growing up around town - what is the boundary? Ms. Boyd explained that anything from the sidewalk to the residence is the citizen's responsibility to maintain and anything from the sidewalk to the street is the Town. Mayor Kolm asserted it is the same boundaries exist with snow removal. 
• Town Attorney 
  None. 
• Town Administrator 
  Ms. Boyd read into record memorandum to the Board of Trustees concerning public comment made to the KWW A Board at the August 13, 2024, monthly meeting. Ms. Boyd confirmed for Mayor Kolm that this memorandum was also read into read during the Kiowa Water and Wastewater Authority meeting directly prior to this meeting. 
• Public Works 
  Mayor Kolm asserted Nordman Park look good and the Town found a local distributor for the newly laid black rubber mulch. Ms. Boyd confirmed for Trustee Wineland that Fawn Valley will be addressed the same way, but it will be at a later time due to the cost for the materials. Trustee Hart inquired if the CTF funds allow us to seek funding for park items: bathroom, etc. Ms. Boyd explained she has a meeting with GOCO the coming week to discuss funding for the Town parks. 
• Code Enforcement 
  Ms. Boyd referred to the 3rd quarter report included in the board packet. She also referred to Ms. Ellis' memorandum in the packet that detailed how she addresses violations in the Town and why she addresses them in the process that she does. 
  
  Ms. Boyd advised the Board that she, Trustee Howard, Ms. Ellis, the owner of Ute Village Mobile Home Park and the Manager, Ronald Pippin, Jr had a meeting regarding code enforcement within the park. It was determined through Assessor records that the roads that run through the park are private roads or service roads, not Town roads. Upon learning this information, it was decided that the Town would cease all code enforcement activity inside Ute Village effective immediately. Park owner, Kim Neckers, requested Ms. Ellis to proceed with the six (6) or so outstanding cases that are at the stage of being issued court summons. She asserted if they do not come to court or we do not achieve compliance from those residents through this court process she understood that ultimately fell to her as the property owner and she agreed to that, but just to finish the last outstanding cases. 
  
  Trustee Howard confirmed for how the owners of the mobile home park are extremely limited on authority due to current state laws being passed down, so their hands are tied in gaining compliance themselves. 
  
  Ms. Boyd referred to Ms. Ellis's memorandum wherein she is discussing issues that have come up regarding the notices going out and the complaints she has received and that have been brought to her attention concerning social media posts. Due to these complaints, Ms. Ellis did revise her courtesy letters to include what the actual violation is with a picture. 
  
  Ms. Boyd confirmed for Trustee Wineland that there is contact information listed on the letters that go out and on the Town website regarding code enforcement. 
  
  Ms. Boyd advised the Board of a particular property owner that received a notice of abatement and summons but had never received any communication leading up to that escalated communication. It was determined, once the homeowner provided pictures of the current state of her property and compared them to the photos Ms. Ellis provided of what she was violating- they were not the same property. Ms. Boyd explained that Ms. Ellis uses an application on her phone that tells her the address and property owner infonnation of the property is at, but the technology failed her that time. 
  
  Ms. Boyd advised the Board that there were citizens sitting in the room that are upset at code enforcement currently and the Board asked that they speak to their grievances. 
  
  Mr. Damon McAdams questioned why his summons went to the property owner and not just him. Ms. Boyd explained Ms. Ellis is under a legal requirement to send them not only to the resident of the park, but also the owner of the park because Ms. Ellis only enforces the land those mobile homes are sitting on and nothing else. Mr. McAdams questioned who to talk to when he does not understand what he is getting in these letters and a smmnons he recently received. Ms. Boyd referred him back to Ms. Ellis utilizing the contact information at the top of the letter. 
  
  Ms. Marilyn Hall identified herself as the property owner that received the summons for a property that we all now know is not her property. Ms. Hall expressed her frustration with not being able to reach Ms. Ellis concerning this issue, but that Ms. Boyd was able to confinn with Ms. Ellis that she was getting many voicemails that were not legible over voicemail, but was able to trace them back to Ms. Hall by comparing phone numbers on caller ID. Ms. Hall confirmed what Ms. Boyd was reporting to the Board is what transpired in her situation was confirmed by Ms. Ellis, as well, and has been resolved. 

Consent Items

Approval of Minutes from August 13, 2024, Monthly Meeting and September 4, 2024, Special Meeting 
Trustee Wineland made the motion to approve the minutes from the August 13, 2024, monthly meeting, the September 4, 2024. Trustee Shafer seconded the motion and the motion was carried 5-0 with no discussion. 

Expenditures for Year-to-Date 2024 
Trustee Wineland made the motion to approve expenditures for the year-to-date 2024. Trustee Howard seconded, and the motion was carried 5-0 with no discussion. 

Old Business

None.

New Business

1. 2025 Proposed Budget - Trustee Howard and Trustee Hart
2. Kiowa SH-86 Sidewalks and Drainage Project
   1. Trustee Howard made the motion to approve ORDINANCE 10, Series 2024: AN ORDINANCE APPROVING A CIVIL ENGINEERING FEE AGREEMENT FOR THE TOWN OF KIOWA CO-86 SIDEWALK AND DRAINAGE IMPROVEMENTS WITH KIMLEY-HORN ASSOCIATES, INC. Trustee Wineland seconded the motion, and the motion carried 5-0 with no further discussion.
      
      Discussion: Ms. Boyd advised this is the agreement that will kick off the design and engineering phase of the Kiowa SH-86 Stormwater Drainage and Sidewalk Project. Kinley­Hom will steer project management of this project, they have also configured in assistance with seeking the funding that will move us directly into the construction phase when this phase is done. As well, they have included a contingency that still will bring us in under our proposed budget. 

Discussion/Communications

1. Ms. Boyd read into record a memorandum from Coberly Web Creations concerning the importance of compliance with HB 21-1110 and HB 24-1454 and how the Town is achieving this, to date.
2. Ms. Boyd referred to a communication from Maverix Broadband legal counsel dated September 5, 2024, that served as the basis of denying Mr. Lindauer public comment during this meeting and she advised all communication will now be done through each entity's respective legal counsels.
3. Ms. Boyd advised the Board they would need to start utilizing their tablets more due to the increased costs the copies of the packets and the strain it is creating on the budget. She advised she has been seeking information from Phoenix Technology concerning upgrading or even changing out the tablets they are currently utilizing - making a move from Android to Apple products. Trustee Howard expressed concern over the perceived complexity of Apple products and wished to stay with an Android driven platform. Ms. Boyd advised there are pros and cons to each, but she would seek more information for them and return with that at the October monthly meeting. This item was tabled for further discussion until October.

Adjourn

Trustee Wineland made the motion to adjourn at 8:46pm. Trustee Howard seconded, and the motion carried 5-0 with no discussion. 

The next regular meeting will be on October 8th at Town Hall at 7:00 p.m.