May 2, 2023 The Logan County Board of Commissioners met in regular session with the following members present constituting a quorum ofthe members thereof: Jerry A. Sonnenberg Chairman Joseph A. McBride Commissioner Mike Brownell Commissioner Also present: Alan Samber Logan County Attorney Pamela Bacon Logan County Clerk Marilee Johnson Logan County Public Information Officer Debbie Unrein Logan County Finance Rob Quint Logan County Planning and Zoning Lisa Williams Logan County Planning and Zoning Jerry Casebolt EMS Trea Miller Logan County Economic Development Rick Cullip Logan County Buildings and Grounds Sheriff Brett Powell Logan County Sheriff Deputy AJ McGuffin Logan County Sheriff Dept Deputy Randy Pfeifer Logan County Sheriff Dept Deputy Jeremy Leisure Logan County Sheriff Dept Deputy Bill Dolan Logan County Sheriff Dept Heather Zion Logan County Sheriff Dept Deputy Sheriff Ken Kimsey Logan County Sheriff Dept Shantel Sator Logan County Sheriff Dept Tabitha Kind Logan County Sheriff Dept Deputy Chris Belenti Logan County Sheriff Dept Deputy Mark Bornhoft Logan County Sheriff Dept Deputy Jarrod Harty Logan County Sheriff Dept Deputy Jesse Hitchcock Logan County Sheriff Dept Deputy Dennis Aulston Logan County Sheriff Dept Cynthia Mills Heritage Center Melanie Martin Embracing Aging Carol Schweiger P&Z Regulations Tony Gerk P&Z Regulations Walt Page P&Z Regulations Brook Mollohan Cook P&Z Regulations Alex Ingulsrud National Resource Solutions Mauli Sand National Resource Solutions Maureen Whittington P&Z Regulations Dale Whittington P&Z Regulations Cassie Maestas P& Z Regulations Gary Schmidt P&Z Regulations Storm Sutherland Embracing Aging Jan Sutherland Embracing Aging Rod Boerner P&Z Regulations Regina Boerner P&Z Regulations Alan Darrold Embracing Aging Peggy Darrold Embracing Aging Karen Ramey-Torres Embracing Aging Peggy Stoltenberg Embracing Aging Gordon Felzien P&Z Regulations Susanne Workman P&Z Regulations Gail Schmidt P& Z Regulations Adam Schlenz P&Z Regulations Brittany Schlenz P&Z Regulations Eileen Stecik P&Z Regulations Paul Schmidt P&Z Regulations Jill Distel P&Z Regulations Cindy Vandenbark P&Z Regulations Jennifer McGuffin Aliya Pearce Seth Pearce Ward Marshall Jerry Bauder John Sonnenberg Susan Sonnenberg Don Larson Dorothy Larson Tim Sonnenberg Mike Schaefer Dean Sonnenberg Charles Lindstrom Joel Felzien Tom Kiel Jeff Rice Journal Advocate Chairman Sonnenberg called the meeting to order at 9:30 a.m. and opened the meeting with the Pledge of Allegiance. Chairman Sonnenberg asked if there were any revisions for the agenda. Chairman Sonnenberg stated the Proclamation concerning Older Americans Month for May and the Letter ofCommendation for Logan County Sheriff S Deputy AJ McGuffin will be moved up on the agenda before the consent agenda. Chairman Sonnenberg read the Proclamation Concerning May of 2023 to be proclaimed Older Americans Month. Chairman Sonnenberg read the Letter of Commendation for Logan County Sheriff's S Deputy AJ McGuffin. Sheriff Brett Powell presented Deputy AJ McGuffin with the Letter of Commendation and the Medal of Valor. Chairman Sonnenberg stated there would be a brief recess to great friends that are in attendance for the Older Americans month and AJ McGuffin. Chairman Sonnenberg called the meeting back to order. 2 The Board continued with the Consent Agenda items: Approval of the Minutes oft the April 18, 2023, meeting. Acknowledge the receipt of the Veteran's Service Officer's report and Certification of Pay form for the month of April 2023. Commissioner McBride moved to approve the Consent Agenda. Commissioner Brownell seconded, and the motion carried 3-0. Chairman Sonnenberg continued with Unfinished Business: Chairman Sonnenberg opened a public hearing testimony phase of the meeting for the approval of Resolution 2023-10 amending the Logan County Zoning Resolution by the adoption of regulations for the issuance of permits for Wind Energy Facilities in the unincorporated areas ofLogan County, Colorado. Dale Whittington spoke in favor of wind farms. Cassie Maestas expressed her concerns with the wind towers and the buying and selling land. Gail Schmidt spoke in favor of wind farms and expressed concern to have a common sense and common ground approach. Cindy Vandenbark would like more flexibility and compromise from all sides. Carol Schweiger spoke against the wind towers and explained there is technology that can mitigate noise and shadow flicker. Gary Schmidt asked the board ifthe P&Z recommendation coincides with the letter he provided from the company Avangrid Renewables and asked if they would look it over? Susanne Workman spoke against the wind tower and property line setbacks being higher. Regina Boerner spoke in favor of wind towers and concerns with property line setbacks. Gary Schmidt got a letter from a company a few months back and asked ifit was true ift the neighbor doesn't want the wind tower could that throw them out of getting a tower? Cindy Vandenbark asked what the setback from a road is and what it is from a property line. Jill Distel has farmland in the footprint area and expressed her concerns if the setback was set on property lines and their rights of property ownership. Tony Gerk explained he had read a letter from the company and addressed his concerns with this letter, and he proposes for a big setback and multi negotiation group to be able to negotiate. Paul Schmidt asked about decommissioning in the future and expressed his concerns. Brittney Schlenz opposed the new wind project and addressed concerns of setbacks. Gordon Felzien asked the board if they had considered separate setbacks for new building site and separate for property lines? Brook Mollahan Cook opposed the wind farm and commented the area is a agricultural area not industrial and property line set back concerns. Adam Schlenz addressed concerns on setbacks and would like a big setback for companies. Eileen Stecik spoke against the wind towers and concerns about neighbor against neighbor. There being no further persons who wanted to address the regulations, Chairman Sonnenberg closed the public hearing testimony phase. Commissioner McBride stated that he had 9 proposed amendments to address by separate motions. 3 Commissioner McBride moved to change page 4 # 5 regarding impact analysis by striking "section 6-105" in both places and replacing it with "section 1-104" in both places. Commissioner Brownell seconded and the motion carried 3-0. Commissioner McBride, on page 5 Section B regarding Pre-Construction materials, moved to amend the materials submission requirement to prior to issuance of a "Building permit" instead of"Conditional Use Permit" and to further amend the regulations in all other respects to require a Special Use Permit for Wind Energy Facilities instead of a Conditional Use Permit. Commissioner Brownell seconded, and the motion carried 3-0. Commissioner McBride moved to eliminate the setback requirement for all interior property lines not involving ectriccommunications lines, roads or inhabited structures, and to add to the setback requirement for inhabited structures the following language: "unless appropriate easements are secured from adjacent property owners". Commissioner Brownell seconded, and the motion carried 3-0. Concerning the submission of a decommissioning plan on page 5, paragraph 6, Commissioner McBride moved to add the word "proposed" SO that it reads 66 the proposed financial guarantee to secure the decommissioning obligation". Commissioner Brownell seconded, and the motion carried 3-0. Concerning decommissioning on page 13, paragraph 13, Commissioner McBride moved to add the following language: The decommissioning obligation will be secured by a letter of credit, bond or cash deposit, in an amount based on a certified estimate prepared by a professional engineer hired by the Applicant. The decommissioning plan, obligation and financial guarantee will be incorporated into an enforceable Development Agreement. Commissioner Brownell seconded, and the motion carried 3-0. Concerning noise on page 9, paragraph 8., c.(ii), Commissioner McBride moved to add the following language: Wind Turbines that are erected within one mile of an existing inhabited non-participating residence must have the turbine blades equipped with noise-reducing aerodynamic blade add-ons consisting of serrated and combed structures on the leading and trailing edges, or similar noise-reducing equipment. Commissioner Brownell seconded and the motion carried 3-0. Concerning shadow flicker on Page 9, Commissioner McBride moved to add a new subparagraph 8.,c. (viil) which reads as follows: (viii) Wind Turbines shall be sited within the project footprint to reasonably minimize the effects of: shadow flicker on non-participating home residences. Wind Turbine siting will be considered reasonable ift the effect of shadow flicker on non-participating home residences occurs no more than 30 hours per year. Commissioner Brownell seconded, and the motion carried 3-0. Concerning wildlife impacts, Commissioner McBride moved to add a new paragraph 8., g., on Page 10 which reads as follows: The complete plan for the Wind Energy Facility must be submitted to the Colorado Division of Parks and Wildlife for its review and consideration of the potential impact of the Facility on any wildlife resources and its recommendations for mitigation of any impacts. Its written recommendations must be submitted to the Logan County Planning and Zoning Department at least 14 days prior to the public hearing of the Board of County Commissioners on the permit application. Commissioner Brownell seconded, and the motion carried 3-0. As amended, Commissioner McBride moved to adopt Resolution 2023-10 and the associated Wind Energy Regulations for issuance of permits for Wind Energy Facilities in the unincorporated areas ofLogan County, Colorado. Commissioner Brownell seconded, and the motion carried 3-0. 4 Chairman Sonnenberg continued with New Business: Chairman Sonnenberg opened a public hearing testimony phase oft the meeting for the approval of Resolution 2023-11 for a Subdivision Exemption on behalf of Schuppe Farms, LLC to create an 8.92-acre parcel from a 157-acre parcel located in the NE 1/4 of Section 19, Township 10 North, Range 50 West of the 6th Principal Meridian, Logan County, Colorado in an Agricultural (A) zone district, for use as a residence. Chairman Sonnenberg seeing no public comments, closed the public hearing testimony phase. Commissioner Brownell moved to approve Resolution 2023-11 for a Subdivision Exemption on behalf of Schuppe Farms, LLC to create an 8.92-acre parcel from a 157-acre parcel located in the NE 1/4 of Section 19, Township 10 North, Range 50 West oft the 6th Principal Meridian, Logan County, Colorado in an Agricultural (A) zone district, for use as a residence. Commissioner McBride seconded, and the motion carried 3-0. Chairman Sonnenberg opened a public hearing testimony phase of the meeting for the approval of an agreement between Logan County and Xcel Energy and issuance of Right of Way Permit Number 2023-5 for use of the County Right of Way along County Roads 16.5, 27.5 and 18 for an electrical distribution. Chairman Sonnenberg seeing no public comments, closed the public hearing testimony phase. Commissioner Brownell moved to approve an agreement between Logan County and Xcel Energy and issuance of] Right of Way Permit Number 2023-5 for use oft the County Right of Way along County Roads 16.5, 27.5 and 18 for an electrical distribution. Commissioner McBride seconded, and the motion carried 3-0. Other Business The next regular meeting will be scheduled for Tuesday, May 16, 2023, at 9:30 a.m. at the Logan County Courthouse. There being no further business to come before the Board, the meeting adjourned at 11:01 a.m. Submitted by: V Duku Logan County Clerk Approved. May 16, 2023 BOARD OF COUNTY COMMISSIONERS LOGAN COUNTY, COLORADO (seal) Bys Jery-A-Sdnnenberg. Chairman : & Attest: bma o AGn Logan County Clerk & Recorder 5