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BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
TRANSCRIPT OF PUBLIC MEETING
IN RE: EXCERPT OF PROCEEDINGS - ITEM 9: RECONSIDER HEARING DATE FOR
SHOW CAUSE, PCSC16-0004 CONCERNING MUSR14-0030 AND USR-1704 -
HEARTLAND BIOGAS, LLC (10:02 A.M. TO 10:06 A.M.)
The above -entitled matter came for public meeting before the Weld County Board of
County Commissioners on Wednesday, November 16, 2016, at 1150 O Street, Greeley,
Colorado, before Stephanie Frederick, Deputy Clerk to the Board, and TRANSCRIBED by Randel
Raison, Certified electronic court transcriber with Agren Blando Court Reporting and Video, Inc.
I HEREBY CERTIFY that upon listening to the audio record, the attached transcript is a
complete and accurate account of the above -mentioned portion of the public meeting.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Esther E. Gesick
Clerk to the Board
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1 APPEARANCES:
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ON BEHALF OF THE BOARD OF COMMISSIONERS:
COMMISSIONER MIKE FREEMAN, CHAIR
COMMISSIONER SEAN P. CONWAY, PRO-TEM
COMMISSIONER JULIE A. COZAD
COMMISSIONER BARBARA KIRKMEYER
COMMISSIONER STEVE MORENO
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9 ALSO PRESENT:
10 ACTING CLERK TO THE BOARD, STEPHANIE FREDERICK
11 COUNTY ATTORNEY, BRUCE BARKER
12 ASSISTANT COUNTY ATTORNEY, FRANK HAUG
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1 COMMISSIONER FREEMAN: Number 9, Reconsider
2 the date of the Show Cause hearing for Heartland
3 Biogas, which is currently scheduled for December 21st.
4 We actually have a couple of conflicts on that date.
5 Commissioner Conway will not be available and we really
6 do need five.
7 We also received a letter from the attorney
8 for Heartland, Bill Garcia, saying that they were
9 unavailable for that date.
10 So, I guess it's open to discussion as far as
11 a date that's -- dates that all five us works and I
12 guess also that's when they can be here.
13 Well, it doesn't have to be when they can be.
14 COMMISSIONER KIRKMEYER: No. Yeah. First of
15 all, I find it amazing that they weren't going to --
16 they aren't willing to rearrange their schedule for
17 something as important as that business that they told
18 us was worth $100 Million Dollars or something of that
19 nature.
20 But anyway, I would suggest that we move to
21 December 19th, which is a Monday, which is again a date
22 that all five of us will be here.
23 COMMISSIONER FREEMAN: Okay.
24 COMMISSIONER KIRKMEYER: So, I'll make the
25 motion -- do I have to make a motion for a
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1 reconsideration?
2 MR. BARKER: No, you've already
3 done that in essence, by putting it onto the agenda.
4 COMMISSIONER KIRKMEYER: Okay. Well, then I
5 would move that we change the hearing date from
6 December 21st to December 19th.
7 COMMISSIONER COZAD: Second.
8 COMMISSIONER FREEMAN: Okay. It's been moved
9 by Commissioner Kirkmeyer, seconded by Commissioner
10 Cozad, to change to set the hearing date for December
11 19th. Is there any discussion?
12 COMMISSIONER KIRKMEYER: I just want to point
13 out --
14 COMMISSIONER FREEMAN: Yes.
15 COMMISSIONER KIRKMEYER: -- we did receive a
16 letter from counsel that said that they weren't able to
17 make the December 21st date.
18 We did -- I just want to note for the record
19 that we did not receive any comment that day when we
20 were setting the -- setting the next hearing, but I
21 also want to point out that within the letter that we
22 -- well, we didn't receive it actually; it came to our
23 County Attorney. That there is actually no date in
24 there for January even.
25 They suggest that we just move it to the
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1 month of January.
2 So there is actually no date in there for
3 that either.
4 So, to me, it just kind of looked like a
5 stall tactic.
6 So that's why I still want to stick with
7 December 19th.
8 COMMISSIONER CONWAY: I have a question. I'm fine
9 with that. I have a question for counsel.
10 If we notify them that we've move the date
11 from the 21st to the 19th and they say they're still
12 not available, what are -- what is the course then?
13 MR. BARKER: I already notified them that
14 you'd be -- you'd be consider moving it to the 19th. I
15 didn't hear anything back.
16 COMMISSIONER CONWAY: Okay. So they didn't put on
17 the record any objection?
18 MR. BARKER: I haven't heard anything.
19 COMMISSIONER CONWAY: Okay. Thank you. Thanks for
20 that clarification on the record.
21 COMMISSIONER FREEMAN: Further comments?
22 Commissioner Cozad.
23 COMMISSIONER COZAD: So I agree with
24 Commissioner Kirkmeyer's comments. I think as far as
25 the 19th is concerned, if they -- if their legal
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1 counsel can't be here, they can be here.
2 And if they want to ask for a continuance at
3 that time, it's their option to come on the 19th and
4 ask for that.
5 So, we can consider that on that day if
6 that's what happens, if they can't all be here.
7 Secondly, we had a lot of people that were
8 here from the public and I would like to make sure -- I
9 already spoke to the Clerk, but would like to make sure
10 that the list of people that were here are also
11 notified, just so they know that that hearing date
12 changed because I think if they all show up on the 21st
13 and we had already had the hearing on the 19th, we'll
14 have additional upset people.
15 So, I would like to make sure that everybody
16 is notified that has been a part of this process and
17 they know that the date is changed.
18 COMMISSIONERS: (IN UNISON) I would agree.
19 COMMISSIONER FREEMAN: Okay. Anything else?
20 All right. All in favor?
21 COMMISSIONERS: Aye.
22 COMMISSIONER FREEMAN: Opposed?
23 (None)
24 COMMISSIONER FREEMAN: Motion carries.
25 (End of excerpt)
Agren Blando Court Reporting & Video, Inc. 6
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3 CERTIFICATE
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5 I, Randel Raison, certified electronic
6 court transcriber, do hereby certify that I typed
7 the proceeding in the foregoing matter from audio
8 recording, or the transcript was prepared under my
9 direction, and that this is as accurate a
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transcript of what happened at that time and place
as best as is possible, due to conditions of
recording and/or duplicating.
01-30-2017
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22 Date /s/Randel Raison, CET 340
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CERTIFICATE
STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Esther E. Gesick, Clerk to the Board of Weld County Commissioner and Notary Public
within and for the State of Colorado, certify the foregoing transcript of the digitally recorded
proceedings, In re: EXCERPT OF PROCEEDINGS - ITEM 9: RECONSIDER HEARING DATE FOR
SHOW CAUSE, PCSC16-0004 CONCERNING MUSR14-0030 AND USR-1704 - HEARTLAND
BIOGAS, LLC, before the Weld County Board of County Commissioners, on Wednesday,
November 16, 2016, and as further set forth on page one. The transcription, dependent upon
recording clarity, is true and accurate with special exceptions(s) of any or all precise identification of
speakers, and/or correct spelling or any given/spoken proper name or acronym.
Dated this 6th day of February, 2017.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ESTHER E. GESICK
NOTARY PE SLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2017
ORIGINAL ( )
CERTIFIED COPY ( )
INVOICE
Court Reporting & Video
Esther Gesick
WELD COUNTY
1150 "O" Street
Greeley, CO 80631
P: 303-296-0017
800-739-4846
W: agren.com
E: billing agren.com
Invoice No.
Invoice Date
Job No.
120851
1/31/2017
85007
Job Date
Case No.
11/16/2016
USR 1704
Case Name
WELD COUNTY SHOW CAUSE HEARING
Payment Terms
Net 30
DRT Electronic File - Via Email Only
ITEM 9 - EXCERPT
Transcription (Meeting / Hearing)
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Please detach bottom portion and return with payment.
Esther Gesick
WELD COUNTY
1150 "O" Street
Greeley, CO 80631
Remit To: Agren Blando Court Reporting & Video, Inc.
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Denver, CO 80202
Phone: 970-336-7235 Fax:970-352-0242
Job No. : 85007 BU ID : AB Main
Case No. : USR 1704
Case Name : WELD COUNTY SHOW CAUSE HEARING
Invoice No. : 120851
Total Due : $28.20
Invoice Date : 1/31/2017
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