By Teresa L. Benns
SAGUACHE— An announcement was made at the Saguache County Planning Commission (SCPC) April 26 that three alternates who have most frequently raised questions regarding marijuana grows would no longer be seated once there was a quorum.
Land Use Administrator Wendi Maez told the commission county attorney Ben Gibbons had decided that once the quorum was reached (six) then there was no need to seat any alternates. No PC members objected. Chair Rebie Hazard did ask who decided to deviate from the customary practice and Maez confirmed it was Gibbons.
With that announcement on the table, alternate Daniel Davis left the meeting and alternate Steve Carlson remained silent throughout the meeting. Mark Swinney, also an alternate, did comment at length, however.
The decision echoed a similar situation that attempted to exclude conservative alternate member Carlson and alternate Allen Jones from PC discussions and did dismiss SCPC alternate Ken Williams from the commission in May of 2010. Williams was terminated during an illegal executive session held by the BoCC at that time for purposes of personnel matters.
All three alternates, including Williams, had repeatedly butted heads with other PC members during the process of completing a Master Plan for the county. Property rights was an especially hot topic.  
Williams was an appointee, not a county employee and the executive session held to fire him was later challenged as illegal in a Colorado Open Meetings suit filed by Valley Publishing. Williams later approached Gibbons and challenged his dismissal on grounds it was null and void. After discussing the matter with Williams’ attorney, Gibbons agreed to let Williams return for the final meeting.
Ironically, the lot consolidation that came before Williams’ during his final meeting, peppered with disagreements between Williams and PC member Bill McClure, was submitted by Daniel Davis. Before his departure, Williams addressed the commission, noting that whenever he tried to suggest something to commissioners or the SCPC, all he ever heard was “We’ve always done it this way.”
In examining BoCC agendas for the past several months, no mention is ever made of making any changes to the current make-up of the planning commission. No resolution can be found where commissioners voted to change the size of the commission, although it is not clear if a vote was required.
As a general rule, PC appointments are made as new appointees apply and older members step down at the end of their terms. Some members of the SCPC have been serving in the same positions for over 20 years.
According to state statutes, commissioners may choose to appoint a planning commission in a small county or act as the planning commission themselves, since a commission can have as few as three or as many as nine members. In many communities, the PC makes final decisions on land use matters and the BoCC simply approves them, with few exceptions.
In Saguache County, the PC only makes recommendations and suggestions, acting as an advisory board, and commissioners make the final decisions (Saguache County Land Use Code, Article 1.5.3).