The Regular meeting of the Kiowa County Commissioners was called to order on September 28, 2023, at 9:00 a.m. by Chairman Donald Oswald. Robertson opened the meeting with prayer and the Pledge of Allegiance.

• Donald Oswald, Chairman 
• Howard "Butch" Robertson 
• Mike Lening, Commissioner 
• Delisa Weeks, County Clerk 
• Tina Adamson, County Administrator

Oswald moved and Lening seconded the motion to move into executive session at 9:35 a.m. Motion carried. The executive session is pertained to CRS 24-6-402 4(d) Attorney Consultation in reference to 1041 Regulations and Law Enforcement. Darla Scranton, Attorney for the 1041 Regulations requested to have the recorder shut off due to client information. The BOCC agreed to this. 

Lening moved and Oswald seconded the motion to end the executive session. 

Executive session ended at 11:00. 

Minutes: Robertson moved, and Lening seconded the motion to approve the minutes as presented. Motion carried. 

Vouchers: Oswald moved, and Lening seconded the motion to approve the vouchers as presented. Motion carried. 

Agenda: Lening moved to approve the agenda as amended Robertson seconded the motion. One addition to New Business: COOT Merger Resolution. Motion carried. 

Cindy McLoud KCEDF entered the meeting to provide updates on grants she had applied for. McLoud exited the meeting. 

Russ Watson, County Fire Chief called in at 11:00 a.m. to discuss the possibility of purchasing a pickup from the Sheriff's Office. No decision was made. 

OLD BUSINESS: 

Grant Update/SECRETAC/Underfunded Courthouse Grant: Grants were reviewed at this time. 

Oswald moved to approve the contract with Precision Home & Lawn to complete the phase one renovations on the Legion Hall. Robertson seconded the motion. Motion carried. 

Underfunded Grant: Adamson is receiving a bid from Barnett Construction for the sidewalks of the courthouse. This grant is due Friday September 30. Lening moved and Robertson seconded the motion to approve the submission of the Underfunded grant for repairing the courthouse sidewalks.

Fair Update: The Fair review will be discussed at the regular meeting next week.

Riley Frazee, Regional Emergency Coordinator and Shellie Englehardt County Emergency Manager entered the meeting to discuss the Disaster Declaration for repairs/mitigation. He explained we qualified for FEMA funding due to the damage of the electrical poles that Southeast Colorado Power Association had to replace in the June storm. Riley further explained the procedures for filing FEMA funding. Frazee and Englehardt exited the meeting at 2:25 p.m. 

Planning & Zoning: Oswald moved and Lening seconded the motion to approve Bob Ward to be Building Inspector. 

John Broderick, Consultant with Workman's Comprehensive Insurance met with the BOCC by phone conference regarding the price estimate of Workman's Compensation Insurance. After further discussion, Lening requested a quote for the past two years. Broderick will follow up in the near future with a quote. 

Road & Bridge Update: Discussion of the septic cleanout vac truck. Lening moved, and Oswald seconded the motion to give the septic cleanout vac truck to the Town of Eads. Motion carried. 

Road Foremen Allen Watts and Rick Spady entered the meeting at 3:00 p.m. to discuss Road & Bridge issues. 

Spady reported the bucket truck is in need of repair.

Road Foreman Spady will be pricing a mower and tractor as there are some issues with the current mower. 

Upcoming Meeting and Reports were reviewed and signed. 

NEW BUSINESS: 

Resolution 2023-8 Opting in to Proposition 123: if we opt in it commits our county to a defined number of housing development projects over the next 3 years. Robertson moved, and Oswald seconded the motion. Motion carried. 

LAVAAA Resolution of Participation for 2024: Lening moved, and Robertson seconded the motion. Motion carried. 

CCI Legislative Committee Designation: Oswald moved, and Robertson seconded the motion to appoint Commissioner Lening as the CCI Legislative Designee. Motion carried. 

Lening moved, and Oswald seconded the motion to adopt a resolution and send a letter opposing the merger For COOT on the TPR. 

The next regular Commissioners Meeting will be October 12, 2023 at 9:00 a.m. 

Lening moved, and Robertson seconded the motion to adjourn the meeting 4:20 p.m. Motion carried.

RESOLUTION NO. 2023-8 

BOARD OF COUNTY COMMISSIONERS 

OF KIOWA COUNTY, COLORADO 

A RESOLUTION OPTING IN TO PROPOSITION 123 AND SETTING EXPEDIATED REVIEW POLICIES FOR FUTURE AFFORDABLE HOUSING PROJECTS 

WHEREAS, the voters of Colorado approved Proposition 123 in 2022 creating the State Affordable Housing Fund to make certain funds available to local governments as defined by CRS- 29-32-104; and

WHEREAS, Kiowa County, Colorado is a statutory County duly and regularly organized and validly existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado and is eligible for Proposition 123 funding and programing; and 

WHEREAS, Kiowa County, has not adopted a zoning resolution, however recognizes the importance of allowing affordable and attainable housing to be developed its workforce and its residents; and 

WHEREAS, Kiowa County will opt into and set a baseline for the development of affordable housing as defined Proposition 123; and 

WHEREAS, Kiowa County authorizes the Southeast Colorado Regional Housing Authority ("SECRHA") or its managing agency Southeast Colorado Enterprise Development Inc. ("SECED") to apply for funding for the development of affordable housing under the requirements and conditions set forth herein; and 

WHEREAS, Kiowa County also creates a policy for expedited review to ensure that affordable housing projects are reviewed and a decision rendered within 90 days of a complete application. 

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, creates the following policy for the use of Proposition 123 Funding:

1.The Board formally opts in to Proposition 123 and creates a baseline of 61 units for the yearly development goal of two (2) additional units or 3% increase of affordable and attainable housing for its residents and workforce with a three-year goal of six (6) units.

2.The Board authorizes SECRHA or SECED and other regional partners to assist with setting a baseline and applying for future funding on behalf of Kiowa County for the development of affordable housing as defined by CRS-29-32-104.

3.The Board sets a formal policy that any complete application for an affordable housing development application received by Kiowa County will be placed on the next available agenda once proper public noticed has been posted and a decision render on the application within 90 days to ensure an expediated and timely review of the affordable housing project.

Applicants may ask for an extension of the 90-day decision time frame.

Adopted this 28 day of September 2023

BOARD OF COMMISSIONERS COUNTY OF KIOWA, STATE OF COLORADO:

/s/Donald Oswald, Chairman

/s/ Howard Robertson, Commissioner

/s/ Michael Lening, Commissioner

ATTST:

/s/ Delisa L. Weeks, Clerk & Recorder