Kiowa County Commissioners Meeting Minutes – December 28, 2017

PROMO 660 x 440 Government - Kiowa County Courthouse Chris Sorensen
Published Friday, January 12, 2018

The Kiowa County Commissioners Regular meeting was called to order at 9:00 a.m. by Chairman Richard Scott on December 28, 2017. Scott opened the meeting with prayer and the Pledge of Allegiance. Those in attendance were:

Richard Scott, Chairman

Cindy McLoud, Commissioner
Donald Oswald, Chairman

Delisa Weeks, County Clerk

Tina Adamson, County Administrator

McLoud moved and Oswald seconded the motion to accept the minutes as presented. Motion carried.

Oswald moved and McLoud seconded to approve the vouchers as presented. Motion carried.

McLoud moved and Oswald seconded the motion to approve the amended agenda with the following additions to Old Business: Access Agreement-Eads Landfill, HUTF Miles Certification, CAT Lease Agreement, and the Rialto Deed. Motion carried.


Grant Updates: Oswald moved and McLoud seconded to approve Work Order Change #011 for window repair on the southeast side of the Murdock Project Building. Motion carried.

Landfill Updates: Adamson has not received any reports on the soil samples that were submitted to the state to be tested.

Oswald moved to approve the CDPHE access agreement for the Eads Landfill. Scott seconded the motion. Motion carried.

Scott moved and Oswald seconded to move out of regular session and into the Budget Hearing for Supplemental Appropriations at 10:08 a.m. Motion carried. Discussion followed in regards to appropriations for Child Welfare. McLoud moved to adjourn the Supplemental Appropriations Hearing at 10:10 a.m. Scott seconded the motion. Motion carried. Scott moved to approve the appropriation funding for child welfare in the amount of $40,000.00. Oswald seconded the motion. Motion carried. These funds will be paid out of state funds not from county funds.

Scott moved to adopt Resolution-2017-07. McLoud seconded the motion. Motion carried.

Resolution No #2017-7 pertains to Guidelines and Regulations for the Administration of Areas and Activities of State in Kiowa, State of Colorado (1041 Regulations). The full regulation for public view is in the County Administrator's Office or can be viewed on the County website.

Planning & Zoning/Subdivision Application: Adamson will be attending the planning and zoning meeting next week.

Subdivision Exemption Application:  The Planning and Zoning Board has reviewed and approved the Subdivision Exemption Application at the address of 26311 County Rd. H Eads, Colorado 81036. Oswald moved and McLoud seconded the motion to approve the subdivision application. Motion carried.   

Road Foreman Allen Watts entered the meeting as a member of the audience at 10:50 a.m.

Travis Black and Rick Gardner with Colorado Parks and Wildlife entered the meeting at 10:55 a.m. Black reported that Fort Lyon Canal will be purchasing more water from Amity Ditch and it will be released into Nee Gronda. Black said the water will run at periodic times, which was encouraging. Gardner explained the procedure that it will take to restock Nee Gronda and if all goes well it will be completely restocked this spring.

The Road and Bridge Department will begin repairing the Pitman Boat Ramp after the beginning of 2018. Discussion followed.

Black and Gardner thanked the BOCC for their time and excused themselves at 11:57 a.m.     

Scott moved and Oswald seconded the motion to recess for lunch at 11:57 a.m. Motion carried. The regular meeting reconvened at 1:02 p.m.

Bill Koehler entered the meeting at 1:03 p.m. to pay for the Rialto property and pick up the deed for this property. Koehler thanked the BOCC and exited the meeting at 1:40 p.m.

287 Passing Lanes: Scott had visited with Cheyenne County Commissioner, Pat Ward in regards to passing lanes between Eads and Kit Carson. Both commissioners agree there is a need for passing lanes and will continue to be in contact with CDOT in regards to the concerns for public safety on this highway.

Sheriff Sheridan, Glen Cranford and Terry Riley entered the meeting to discuss the fire district. Questions were asked in regards to who owns the building holding the fire trucks; will the county own the building or will the fire district. Discussion followed. There was discussion as to insurance on the emergency fire vehicles. The county offered to furnish the insurance for the first few months of 2018 and after the funds from the mill levy start coming in the fire district will provide for that coverage.

Jay Specht, with the fire district board entered the meeting at 1:50 p.m. to visit further about the fire district. Oswald discussed some of the changes that will need to be reviewed and modified in the current M.O.U. between the fire district and the county.

McLoud moved and Oswald seconded the motion to approve a loan of $15,000.00 from the County to the Fire District, with no interest. Motion carried. The loan must be paid in full by the end of March 2018. Sheridan, Cranford, Riley and Specht exited the meeting at 2:25 p.m.

Scotty Englehardt, Mike Johnson and Bart Michael with the Kiowa County Fair Board entered the meeting to provide updates that the fair board had made. Michael said that Raelynn Riley had resigned and that A.J. McCracken will replace her vacancy. Oswald moved and McLoud seconded the motion to appoint McCracken to the board and to accept the updated election of officers for the 2018 Fair Board. Barbara Scranton will be Treasurer, Secretary-Mike Johnson, Vice President-Scotty Englehardt and President- Bart Michael for 2018. Motion carried.

Scott moved and McLoud seconded the motion to amend the current by-laws of the County Fair Board in regards to the date the fair board meeting will be held. Instead of the first Tuesday of every month it will now be held the first Wednesday of every month. Motion carried.

NEW BUSINESS: Reports were reviewed and meetings attended throughout December were discussed.

Time Off Requests: None

Leave Donation Request: Oswald moved and McLoud seconded the motion to approve the three employees who donated leave time. Motion carried.

HUTF Miles: McLoud moved and Oswald seconded the motion to certify the HUTF miles for 2018. Motion carried.

Scott moved and Oswald seconded to sign the Governmental Entity Resolution for C.A.T. Financial Services with transaction number 3324834. Motion carried.

CAT Finance Agreement: Oswald moved and McLoud seconded to sign the three lease agreements with C.A.T. Financial. Motion carried.

The next regular Commissioner's Meeting will be January 9, 2018 at 9:00 a.m.

With no other business to discuss, Oswald moved and McLoud seconded to adjourn the meeting at 3:47 p.m. Motion carried.




WHEREAS, the Board of County Commissioners of the County of Kiowa, Colorado (hereinafter "the Board") is authorized by, inter alia, Section 24-65.1-101, et seq. C.R.S.; C.R.S. Section 29-20-101, et seq. C.R.S. to adopt regulations for the protection of the public health, safety, and welfare of the inhabitants of Kiowa County; and

WHEREAS, Section 24-65.1-101, et  seq. C.R.S. grants authority to local governments, including counties, acting by and through their boards of county commissioners to designate matters of state interest and to adopt regulations for the administration thereof; and

WHEREAS, on November 30, 2017, the Board conducted a public hearing pursuant to Section 24-65.1-401, C.R.S., for the purpose of considering "Guidelines and Regulations For Areas and Activities of State Interest County of Kiowa, State of Colorado," constituting Chapter 1 (Administrative Regulations), Chapter 2 (Permit Authority), Chapters 3 (Permit Applications and Permits), 4 (Reserved), and 5 (Regulations for Development in Areas Containing or having a Significant Impact upon Natural Resources of Statewide Importance), including Exhibits A, B, C and D thereto (hereinafter, the "Regulations"); and

WHEREAS, notice of the public hearing was published in the Kiowa County Independent on October 25, 2017, and posted at the Kiowa County Courthouse, 1305 Goff Street, Eads, Colorado on October 25, 2017; and

WHEREAS, in compliance with statute, the Board further made available for public inspection for the four-week period concluding on November 25, 2017, the proposed Guidelines and Regulations, along with the notice of hearing; and

WHEREAS, at the public hearing on November 30, 2017, testimony was taken from any and all persons desiring to appear and render testimony as well as present evidence and/or exhibits therein; and

WHEREAS, the Board has taken into consideration:

  1. The intensity of current and foreseeable development pressures in Kiowa County, Colorado; and
  2. The testimony and exhibits presented at the November 30, 2017 public hearing.

NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Kiowa County, to-wit:

  1. The testimony and exhibits received at the November 30, 2017 public hearing be, and are hereby fully and completely incorporated herein by reference to the record.
  2. The Guidelines and Regulations for Areas and Activities of State Interest. County of Kiowa, State of Colorado, as set forth in Attachment 1, attached hereto and fully incorporated by reference herein, are hereby adopted in full. *
  3. The following matters of state interest are hereby designated: (a) efficient utilization of municipal and industrial water projects, (b) areas containing or having a significant impact upon natural resources of statewide importance, and (c) site selection and construction of major facilities of a public utility.
  4. Copies of the Guidelines and Regulations shall be made available for public inspection and copying at the Office of the Board of County Commissioners of Kiowa County, Colorado.

Entered into this 28th day of December 2017.


Richard Scott, Chairman

Delisa Weeks, Clerk to the Board