[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:05] All right, good afternoon, ladies and gentlemen. Today is July the 2nd of 2025, and the time is now 1.20 p.m.
[0:11] And we'll call this meeting back to order. And with that, I would ask Rhonda if you would do a roll call, please.
[0:18] Commissioner Buck?
[0:19] Yeah.
[0:19] Commissioner Schroeder?
[0:20] Here.
[0:21] Commissioner McDaniel?
[0:22] Here.
[0:24] Thank you. All right, the next item on this agenda is the approval of the agenda.
[0:32] So I would ask for a motion to approve.
[0:33] Yes, I'll make a motion to approve the agenda as presented.
[0:38] All in favor, aye.
[0:39] Aye.
[0:39] Motion carries.
[0:41] Next item is the land use hearings continuation of the June 24th, 2025 XO hearings for final
[0:47] board decision and at this time I'm going to turn this over to our county attorney
[0:51] Lance Engels.
[0:53] Thank you, Mr. Chair.
[0:55] So we are here today because on the at the conclusion of the hearing that took place
[1:00] Based on June 24, the board took an initial vote on how to treat the applications of Excel
[1:06] Energy, one for a 1041 permit, excuse me, and one for a special use by review.
[1:12] The board had voted initially to deny those applications, but also directed me to prepare
[1:18] written findings of the basis for that denial based on the questions and testimony and
[1:23] issues you raised during your deliberations.
[1:25] So what you have had available to you for the last 24 hours or so is a draft of what those findings could look like.
[1:34] I've tried to capture what you talked about at the meetings, the questions you had, the concerns you raised.
[1:39] And I think with the help of staff, we've done a pretty good job of doing that.
[1:42] I do have to offer you one red line from what was posted online.
[1:46] It's ministerial or clerical more than anything.
[1:49] It's just to make clear that it is clear from the findings, if you accept these as your own,
[1:55] that the findings are in a couple ways not the same as what staff had recommended.
[2:01] Based on the testimony that was presented to you and the presentations by the applicant,
[2:05] you made a couple findings that were different.
[2:07] And just to bridge that gap, I added a paragraph to each of the resolutions,
[2:11] and I'll read it out loud so it's available to everyone.
[2:13] on. This would be paragraph M on page five of the draft SUR resolution and it reads now
[2:21] based on the evidence and testimony at the public hearing and significantly based on
[2:26] the presentation of the applicant, the board is knowingly making some findings herein
[2:31] that are different from those findings recommended in the staff report. And then only on the
[2:37] Yes, you are a resolution, it adds five additional words
[2:40] to the next paragraph under section 3A for denial.
[2:45] It says, based on the findings herein,
[2:47] those words were added.
[2:49] So again, if these resolutions as drafted
[2:52] and as amended meet your needs,
[2:54] then you may vote on the resolutions.
[2:57] If these don't meet your needs in one or more ways,
[2:59] then let's talk through it,
[3:00] because we're in your deliberations.
[3:02] The same paragraph I just read to you
[3:04] is paragraph S of the 1041 denial draft,
[3:08] and that is on page six of that draft,
[3:10] but the language is verbatim, it's the same.
[3:13] So if there's no questions on the draft,
[3:15] I'll turn it back to you, commissioners,
[3:16] to determine if these resolutions meet your needs
[3:19] and are consistent with your findings.
[3:21] Thank you, sir.
[3:21] Commissioner Schroeder, any questions?
[3:23] I have no questions, very...
[3:24] Mr. Buck, any questions?
[3:26] No questions at this time.
[3:27] Okay, with that, I'm entertaining a motion
[3:31] to approve as amended.
[3:33] Item number one was Excel energy application
[3:36] for major 1041 permit for site selection
[3:40] and construction of a major public utility facility county.
[3:44] Project number 1041-2024-9235.
[3:50] Is there a motion?
[3:53] Yes, I'll make a motion approving the resolution
[3:56] denying the public service company of Colorado
[3:59] model DBA Excel energy application for a major 1041 permit for a site selection and construction
[4:06] of a major public utility facility, project number 1041-2024-9235 with the noted changes.
[4:16] Second.
[4:17] All in favor, aye.
[4:19] Aye.
[4:19] Aye.
[4:20] Motion carries.
[4:21] Next item is item number two, consideration of a resolution with the Board of County
[4:26] commissioners denying an application for a special use by review for the public service
[4:31] company of Colorado power pathway project project number s you are dash two zero two
[4:37] four dash nine two three six is there a motion.
[4:41] Mr. Chair I make a motion that we approve the resolution of the board of county commission
[4:46] denying the application for a special use by review for the public service company
[4:50] in Colorado Power Pathway Project, Project Number SUR2024-9236 with the changes noted
[4:58] earlier by the attorney.
[5:00] All right.
[5:01] There's a motion.
[5:02] Is there a second?
[5:03] Second.
[5:04] All in favor?
[5:04] Aye.
[5:05] Aye.
[5:06] Motion carries.
[5:07] Now is there a motion to close this land use hearing?
[5:12] Yes.
[5:13] I'll make a motion that we close the land use hearing today.
[5:18] Second.
[5:18] All in favor?
[5:19] Aye.
[5:21] Motion carries.
[5:22] Thank you.
[5:30] Next item on the agenda is the Executive Session.
[5:33] We'll turn this over to our attorney.
[5:37] Thank you, Mr. Chair.
[5:38] One thing before I get to that, I've been asked this question several times,
[5:42] so I'll tell you this on the record.
[5:45] There's going to be requests for you to do interviews and other things
[5:48] because of the status of this land use hearing and because you sat in the role of a judge.
[5:53] This was a quasi-judicial matter where you served as the judge of the applications.
[5:57] I don't recommend that you take media requests or interviews at this time.
[6:02] We are now in the period for which the applicant could appeal this application.
[6:06] That will last for 28 days.
[6:08] It's unusual for a judge to be interviewed on a decision.
[6:12] So my advice to you, follow it or not, is not to do interviews at least
[6:15] during the pendency of that 28-day appeal period.
[6:18] Thank you, sir.
[6:22] For the executive session, this was actually a session requested
[6:25] by the Board of County Commissioners on June 25th.
[6:28] There was discussion on whether the board wanted to put a stay on certain types of applications
[6:33] in the county and there was discussion on that.
[6:36] But there was nothing in front of the board and I was asked to look at the legal issues
[6:39] surrounding a decision like that.
[6:42] So I am prepared today to have an executive session and start discussing the legal parameters
[6:47] of taking such an action and answering questions the board may have on those legal issues.
[6:52] So this would be limited to legal advice.
[6:53] It would not be recorded as a result under 24 6402 section 4b
[6:58] But if you should move by a majority of the board to go into executive session, I am now requesting that
[7:06] Is there a motion by the board to go into executive session?
[7:15] Yes, I'll make a motion that we
[7:18] Go into executive session at this time
[7:21] Is there a second no
[7:27] second to motion?
[7:30] It's all in favor aye. I
[7:33] Motion carries. Thank you. We're going to adjourn to the executive session. Thank you.
[7:39] And after the executive session, we'll come back here and close out the meeting, but I don't anticipate any decisions today.
[7:44] We're just going to talk about legal parameters.
[7:47] Right. Thank you. Thank you for being here today.