The Regular meeting of the Kiowa County Commissioners was called to order on, August 28, 2025; at 9:00 a.m. by Commissioner Butch Robertson. Robertson opened the meeting with prayer and the Pledge of Allegiance.

• Donald Oswald, Chairman 
• Howard "Butch" Robertson, Commissioner Mike Lening, Commissioner 
• Adrienne Yates, Deputy Clerk 
• Tina Adamson, County Administrator

Members of the Audience: None 

Minutes: Lening moved, Robertson seconded to approved the minutes from the August 14th, 2025 meeting. Motion carried. 

Vouchers: Robertson moved, Lening seconded to approve vouchers as presented. Motion carried. 

Agenda: Oswald moved, Robertson seconded to approve the agenda with 2 additions. Motion carried. 

OLD BUSINESS 

Grant Updates: Fairgrounds doors are installed, maintenance will paint the trim, and they will be done. The east side walk will need to be scheduled to hopefully get finished after fair. Adamson is still waiting to hear back from COOT to order the building. Energy audit from lconergy is complete, will schedule a work session to determine how to proceed with improvements. Outlets are installed at fairgrounds. 

Oswald moved to go into Executive Session for Attorney Consultation per CRS 24- 6-402 (4)(b) 1041 Matters at 9:37 a.m. Motion carried.

Oswald moved, Lening seconded to exit executive session and resume normal session at 9:58 a.m. Motion carried. 

Public Hearing for 1041 Regulation Revisions: Oswald moved, Lening seconded to convene public hearing at 10:13 a.m. Tori Jarvis opened the meeting advising it was to discuss 1041 Regulation Revisions only not any specific projects. Moratorium expired on it's face 8/27/2025. Jarvis advised acting as staff they would recommend approving Revisions as presented on website last week. The floor was opened for public comment, Leslie Waterson with RES (Renewable Energy Systems) spoke regarding her concerns with the proposed revisions. 

Lening moved, Robertson seconded to recess for 10 minutes at 10:28 a.m. Meeting will resume at 10:38 a.m. Motion carried.

Meeting resumed from recess at 10:41 a.m. 

Mave Gasaway, Attorney; Davis, Graham & Stubbs: Representing the Towner entities. Advised they would like more time to review the revisions before the board approves as given.

Natacha Kiler, lnvenergy spoke asking the board for more time before adopting the regulations in order to review and obtain public comment. 

Randy Williams, County Resident: Would like to know what other counties have adopted but also urges the board to adopt quicker than slower in order to get things progressing for the county. 

Jarvis advised neighboring counties were consulted, especially those that use the 1041 Regulations. 

Tina Adamson, County Administrator: In 2017 other counties were consulted who had projects already in place or development to obtain any and all information regarding their regulations. The BOCC at that time decided to adopt the 1041 Regulations because the types of projects were unfamiliar to the county staff at that time. 1041 Permits offer the best protection for county residents and the county itself. It allows for consistency amongst counties regarding processes. 

Oswald moved, Robertson seconded to close the public comment section of hearing at 11:00 a.m. Motion carried. 

Oswald moved, Lening seconded to re-open public comment at 11:04 a.m. Motion carried. 

Lening asked those that commented to advised how much time they would like to review the proposed revisions. 

Gasaway spoke asking for 30 days from time revisions were made public. 

Waterson spoke, stating they believe 30 days would be appropriate. She also mentioned the fees were left ambiguous and the annual review process were 2 of the things they noticed right away. She can get a more detailed list. 

Randy Williams spoke he feels that 1 week or 10 days to review should be sufficient in order to get things moving forward for the residents and county. 

Oswald moved, Robertson seconded to end public comment section at 11:09 a.m. Motion carried.

Lening moved, Robertson seconded to continue the public hearing regarding the 1041 Regulation Revisions until September 9th, 2025, at 10:00 a.m. Motion carried. Roll Call- Robertson - Yes, Lening-Yes, Oswald -Yes 

Oswald moved, Lening seconded to close public hearing at 11:14 a.m. Motion carried. 

Members of Audience (in person):

• Tina Adamson, Kiowa County
• Torie Jarvis, SGSJ 
• Liam Gilden, SRP 
• Stephen Land, SRP
• Donna Adame, Kiowa County 
• Lane Roy Stum, Thunderbird & Faithwalk 
• Chad Rouse, Resident 
• Raina Lucero, Kiowa Ctny Independent
• Justin Causey, lnvenergy 
• Natacha Kiler, lnvenergy 
• Mark & Diane Sanders, Resident 
• Savah Ibrahim, 
• Lesley Waterson, RES 
• Mave Gasaway, DGS 

Members of Audience (Virutal): 

• Brandee Caswell 
• Dawna Peck 
• Mave Gasaway 
• Bryce Barbier 
• Rachel Thomison
• Norman Arends 
• Randy Williams, Resident 
• Betsy Barnett, Kiowa Ctny Independent 
• Tearle Lessenden, CSU Extension 
• Emiliano Pelcon, RES 
• Craig Williams 
• Carol Ho 
• Madison Wrobley 
• Alaina Merrill 
• Clint Hinebaugh

Landfill/Recycling Update: A load of tires has been shipped off, metal and cardboard recycling is continuing. Landfill has been busy especially with the house that was demolished by the hospital. 

Housing Update: Cactus Corner is progressing; units 1 & 2 should be open for move in by September. 

Planning and Zoning: Adamson handed out the revised fee structure draft. There was discussion regarding possible changes for future projects. 

Oswald moved, Robertson seconded to recess for lunch. Regular session will resume at 1:00 p.m. 

Oswald opened regular session at 1:09 p.m. 

Oswald moved, Lening seconded to move into public hearing for lnvenergy 1041 Permit Amendments. 

Darla Scranton-Specht, attorney for Kiowa County opened with purpose of Hearing. 

Oswald opened the floor for public comment: 

Justin Causey, lnvengery; Spoke in favor of approving the amended permits to allow moving forward with their projects. 

Linley Stum, Thunderbird; Would like the projects to move forward as quickly as possible. 

Robertson moved, Lening seconded to close joint hearing at 1:17 p.m. Motion carried. 

Lening moved to go into regular session at 1:21 p.m. Robertson seconded, motion carried. 

Resolution 2025-12 to Approve Towner East 1041 Permit Amendment; Oswald moved to sign permit amendment, Lening seconded. Roll Call- Robertson -Yes, Lening - Yes, Oswald - Yes. Motion carried.

Resolution 2025-13 to Approve Towner West 1041 Permit Amendment; Robertson moved, Lening seconded to sign permit amendment. Roll call: Robertson -yes, Lening -yes, Oswald - Yes. Motion carried. 

Lening moved to go into regular session at 1:21 p.m. Robertson seconded, motion carried. 

Redistricting Update; Redistricting board would like to present the board with some ideas if possible, at a work session. Adamson will try to schedule a work session for September 10th in the evening. 

Sales/Use Tax - Ballot Language: Adamson has turned in letter of intent to clerk for a ballot question. Adamson has the language for ballot question ready for review by the BOCC, once approved a resolution will be presented for approval at the next meeting. Oswald motioned to change the language to sunset in 15 years, Lening seconded. Motion carried 

NEW BUSINESS 

Time Off Requests: None 

New Hire Progress Report: Landfill new employee is doing well. One of the seasonal Road & Bridge employees has been moved to regular employee effective September 2025. 

leave Donation Request: One at this time. 

Heat & A/C Estimates: Adamson advised the mini-split in the Deputies office has 

quit Adamson has received two estimates from Plains Heating and Air Conditioning, Inc., one is a Lennox brand that will cost $4,610 to replace with same model. A different brand, Pioneer, is $3658 for the same BTU. Lening moved, Robertson seconded to purchase the Pioneer model. Motion carried.

Resolutions:

• Resolution 2025-10 to Appoint County Clerk-Oswald motioned to appoint Adrienne Yates, Lening seconded. Motion carried.
  • Resolution 2025-11 to Adopt Revised 1041 Regulations- Continued until September 9th, 2025, meeting
  • Resolution 2025-12 to Approve Towner East 1041 Permit Amendment­ Approved
  • Resolution 2025-13 to Approve Towner West 1041 Permit Amendment- Approved
  • Resolution 2025-14 Ambulance Authorization to Operate- Lening moved to approve, Oswald seconded. Roll Call - Robertson - yes, Lening -yes, Oswald -yes. Motion carried.
  • Resolution 2025-15 Excessive Force -Robertson moved, Lening seconded. Motion carried.

Cobblestone Lodging Tax Waiver: The $1,075 for 1 quarter, $1428.00 for 2nd quarter for $2503.00 total, Cobblestone was assessed a penalty and interest from the state. The state advised Adamson they can waive the penalty but not the interest. Robertson moved to not reimburse Cobblestone for taxes paid to the state. Lening seconded. Roll call - Robertson -yes, Lening -yes, Oswald - yes. Motion carried to not reimburse the taxes paid to the state. 

SECED Letter of Support for Enterprise Zones: Oswald moved, Lening seconded, motion carried. 

Audrey Johnson, DSS Director entered the meeting at 3:03 p.m. 

DSS Report: New employee has completed new worker training and is working on paperwork to become certified. The department received a certificate and letter from the state for 2025 SNAP timeliness. The department is looking at some of the federally mandated changes that begins in October such as work requirements for able bodied adult only homes. 

Johnson handed out a bid that was received for painting and updating at their office. They have only received one bid so far. Lening motioned, Robertson seconded to approve bid. Motion carried. 

Johnson exited the meeting at 3:15 p.m. 

Jeff Scranton, Landfill Foreman entered the meeting at 3:25 p.m. 

Scranton wanted to update on Regulation 31: The latest submission at the recent hearing would give a 3 year moratorium for smaller counties and landfills. Kiowa County's landfill meets the requirement for a waiver except for waste in place reporting due to being under the 8 million tons intake every year. No further decision will be made until the next hearing on December 19th, 2025. 

Scranton exited the meeting at 4:10 p.m. 

With no further business, Oswald moved to adjourn, Robertson seconded. Motion carried. 

The next regular meeting of the Kiowa County Board of Commissioners is scheduled for Thursday September 91h, 2025, at 9:00 a.m.

/s/Donald Oswald

Donald Oswald Chairman

/s/Adrienne Yates

Adrienne Yates County Clerk