Transcript
AI TRANSCRIPT
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.