SAGUACHE— Despite protests by county residents, Saguache commissioners continued their approval of marijuana grows and approved the impact report for the Town of Moffat annexation of acreage intended for yet another marijuana cultivation operation.
The meeting opened with public comments, but commissioners limited the comment period to 15 minutes owing to time constraints. Bonanza property owner Jay LeBlanc read a list of his concerns regarding the county’s failure to follow its own land use regulations, asking the following questions:
“• Is the current Land Development Code being used as the criteria for determining whether or not a Conditional Use permit application is acceptable and can be approved? If not, what other codes or regulations are being used as the criteria?
“• Why aren’t these sections of the Land Development (and Marijuana) Code being followed: (criminal penalties, suspensions, fines and license revocation for committing any act or omission contrary to the code; also allowing marijuana cultivation on vacant parcels).
“• NOTE: At the March 22 Saguache County Planning Commission (SCPC) meeting and the March 29 SCPC work session with the Division of Water Resources representative (Kevin Boyle), SCPC members stated at both meetings that they thought that they were lied to, especially in regards to residency. They also stated they didn’t know what to do. Clearly, the Land Development Code states what should have been done, and it wasn’t. These statements put into question several of the Conditional Use Permits that have been approved by the SCPC. Any comments?
“• Property not located within a fire protection or ambulance district must provide a written agreement to show coverage for any needed emergency services (county marijuana regulations). Mammoth Farms does not have such an agreement and will be using butane to conduct extractions on the property.
“• HB 17-1220, which became effective Jan. 1, 2018 (3.5 months ago), is meant to limit the number of plants that can be grown for recreational and by a medical patient or caregiver. HB17-1220 is written in plain language in the associated Final Fiscal Notes: Recreation and Medical Limited to 12 plants If allowed by the local jurisdiction, no more than 24 plants are allowed. Commissioners are considering a “possible adoption” of this limit but under the current Land Use code, growers can apply for a variance to grow additional plants.
Commissioners would not answer LeBlanc’s questions.
Dottie Eichhorn of Bonanza asked why commissioners were even discussing approval of a medical grow for Mammoth Farms, when the county had declared a moratorium. She expressed concerns about water usage after DWR’s Kevin Boyle said there is really no way to make sure the water is being used appropriately.
She also notified commissioners that a $1.5 million home in Bonanza is currently taxed at $122 and asked why the county has not brought pressure to bear on the assessor to correct this, noting the county would have money if they simply charged and collected their property taxes as they should.
Marty Lange agreed with Eichhorn on the moratorium, telling commissioners it was wrong to allow a three-week extension for growers waiting to file before the moratorium took effect. “Something is terribly wrong with this system,” Lange concluded.
Moffat resident Joyce Swinney, who had requested time on the agenda, asked commissioners to repeal their initial approval of Mammoth Farms, a Moffat marijuana cultivation, but county attorney Ben Gibbons said she must make any such appeal in district court. Swinney asked to continue presenting her complaints and was allowed to continue.
She then read a three-page list of concerns, including references to an illegal secret meeting held with Mammoth Farms owner Jason Trouard, questions regarding whether Trouard actually completed the application he filed in his name or in the name of another individual, also noting other inconsistencies in the application that should have delayed or prevented its approval, including the location of Trouard’s grow on vacant land.
She asked for commissioners to consider density issue and instituting zoning regulations. Swinney told he BoCC the Land Use Code guarantees her safety but she is not safe with an extraction operation located on Trouard’s property. She also objected to the use of diesel generators.
Finally Swinney demanded commissioners place a cease and desist on several cultivation properties owned by Trouard and Susan Pae, allegedly living in Texas, until the illegal meeting is addressed and corrections made to eliminate these meetings. She demanded an initiative be placed on the ballot in November to ask residents if they really wish to continue to allow marijuana grows in the county.
Commissioners told Swinney they would answer her questions at the May 22 meeting. In the afternoon session of Tuesday’s meeting, commissioners approved the Mammoth Farms medical grow 2-1.

Moffat annexation
According to comments submitted by Moffat resident Virgil Tafoya, Mayor Patricia Riegel closed the Town of Moffat “Petition for Annexation Public Hearing” Monday with a recorded “no decision” about what to do next in the process. The hearing ended with a “no vote” from three attending trustees who currently make up the board.
“Tuesday, Riegel came before county commissioners and presented, unilaterally, the Potch LLC ‘Annexation Report,’ created by Whitney Parsons Justice (the annexation petitioner). She asserted Justice’s “report” was the Town of Moffat’s “Impact Report” required under Colorado Revised Statute Title 31 – Annexation, (31-12-108.5) and the other defined legal accountable requirements to be completed or addressed before committing to petition for annexation (including but not limited to under C.R.S. 31-12-103, 31-12-104, 31-12-105, 31-12-107, 31-12-108, 31-12-108.5, 31-12—109, 31-12-110, 31-12—112 and 31-12-113).
“County commissioners have a responsibility to ensure all steps have been competed, in accordance with the law and not giving up citizen money or rights.
“The county attorney opined that the commissioners refer their oversight back to Moffat, since they are a statutory town and are allowed to make any decisions, regardless of the county’s responsibility. He also implied that “marijuana” was approved by the State’s voters and the annexation would happen, anyway.  
“While Potch LLC is a marijuana business, the annexation process affects [an entire] community and all aspects of any impact should be reviewed, the issues discussed and resolved and problems worked out. A lot of people [will] be affected when bills are due and the cost of business is paid by the taxpayers.”
Tafoya said he intends to take up the annexation problem with the state attorney general and other government officials.