Elbert County holds executive session on 1041 permit process and Excel Power Pathway application; no formal action taken

The Elbert County Board of County Commissioners on Jan. 14, 2025, voted to enter an executive session to receive legal advice related to the 1041 permit process and the Excel Power Pathway application, citing Colorado Revised Statutes §24-6-402(4)(b) and §24-6-402(4)(e).

The board recessed to a closed room for the session with county legal counsel and returned later the same day. When the board reconvened, it said it took no formal action and made no adoption of any proposed policy position, resolution, rule or regulation during the executive session.

The motion to enter the executive session called for the board to confer with the county attorney and other counsel, specifically naming special counsel Chris Price, to receive legal advice and to discuss matters and strategies related to negotiations and positions that may be subject to hearing or review. The board approved the motion by voice vote; the transcript records multiple members saying “aye.”

When the board returned from the closed session, it recorded the participants as Commissioner Schroeder, Commissioner Buck, Commissioner McDaniel, County Attorney Bart Grier, County Manager Sean Fletcher, Community Economic Development Director Mark (last name not stated in the record) and special counsel Chris Price. The board stated it took no formal action “in contravention of” Colorado’s open-meetings statute and invited any participant to state on the record if they believed substantial discussion outside the stated motion had occurred; none did.

The special meeting was convened ahead of the board’s organizational meeting; commissioners said the board’s regular meeting on Jan. 22 will address selection of a chair and other organizational appointments.

No additional details about the Excel Power Pathway application or any specific next steps were provided during the public portion of the meeting.