A letter to the editor written by Tim Hunter criticizing the Montezuma County commissioners' decision to grant a land-use code variance for an illegal deck on the Dolores River was sharply denounced by the board Monday.
Hunter is an appointed member of the Montezuma County Planning Commission, but he signed the letter as a resident of Mancos.
An effort to remove Hunter from the board as a result of his letter failed.
Commissioner Larry Don Suckla was angered by Hunter's July 15 letter in the Cortez Journal, calling it unprofessional because Hunter is a member of the planning commission.
"When you question why we made our decision the way we did, it makes people uneasy and it makes me uneasy," Suckla said. "You are held to a different standard as a member of the planning commission and this was unprofessional."
Suckla then made a motion to remove Hunter from the board.
The crux of a heated exchange between commissioners and Hunter was a 2-1 decision by the board to allow landowner Grant Smith to keep a deck within 100 feet of the Dolores River, in violation of the land-use code. Smith was fined $1,000 for the violation. Commissioner Keenan Ertel voted against the variance.
In his letter, Hunter stated, "Many other landowners along the river have wanted to build within the exclusion zone but have honored the LUC. The paltry fine levied was an insult to those residents and gives the impression that, in this county, if you have wealth, you can buy the rules and the blessing of the county commissioners."
During discussion Hunter emphasized that he was writing as a resident of the county.
"I did not write it as a member of the planning and zoning. I have a voice as a citizen of the county. I stood up for the public to say that you did not follow the regulations and rules enacted by previous elected officials. You have an obligation to uphold what is there," Hunter said. Commissioner Steve Chappell responded that there was a public hearing to hear citizen opinions on the matter. He said the variance was granted because of "common sense."
"We hear all sides of an issue to see if stipulations in the codes may not be working," said Chappell, who along with Suckla approved the variance.
On the motion to dismiss Hunter from the position, county attorney John Baxter said the letter arguably did not constitute misconduct under county rules or state statute.
"I don't recommend un-appointment," he said.
According to a 2009 county resolution, a member of the planning commission may be removed for conflict of interest, malfeasance, nonperformance of duties, conviction of a felony, being elected to public office, or ceasing to be a resident of the county.
Suckla's motion to remove Hunter from the planning board was voted down by a 2-1 margin.
Hunter has been on the planning board since 2006. He is currently appointed to serve a three-year term that ends in December 2014. He sought election to the county commission last year.
"The public spent a lot of time on the Dolores Valley Plan, and the variance and paltry fine is a significant issue," he said.
A public meeting to revisit the Dolores Valley Plan will be held on Aug. 20 at 6 p.m. at the Dolores Community Center.
