The Saga of SB 269

Early today, we received an e-mail from a Powder Mountain (Town) homeowner stating that he had discovered an active Senate bill sitting in committee with the number SB269.

When the homeowner read the content of bill, it became clear that this bill, sponsored by Senator J. Stuart Adams was intended to empower the County Governments so they could enter into written agreements with property owners in order to reach a settlement on active litigation. The bill went on to state they could act “WITHOUT PRIOR CONSIDERATION OF OR RECOMMENDATION FROM THE PLANNING COMMISSION.”

The ramifications of such a bill would be insidious. The fact that a Utah State Senator would draft such a bill with that language and intent is difficult to comprehend. It is also obvious this bill was intended to target the current Powder Mountain issue with the Weber County Commission.

State Representative Gage Froerer contacted us later in the day and told us that SB269 could not get through the House and would not succeed.

This state and its citizens have seen enough poorly conceived legislative bills that are detrimental to the state’s residents and appear only to benefit developers.

Guest Post From Frank C - HB 218 questions - UPDATED - an overview of the latest happenings on the hill

With HB 218 stalled in the Senate Government Operations & Political Subdivions Committee, we received this from Frank C.

He brings up some excellent points and asks some difficult questions:

I listened to the recording of the Senate Committee meeting this morning on Gage Froerer's HB218. One particular thing jumped out at me. Lobbyist/lawyer Curtis, I think it was, stated toward the end of the meeting that those who are negotiating have created four drafts, or are working on the fourth draft of the agreement, or words to that effect. I have participated in enough negotiations in my career to know that parties do not get as far as working on the fourth draft of an agreement until and unless there exists the guts of an agreement in principle. There may be some number of minor terms to be worked out, or some differences of opinion about language or other minutiae, but by the fourth draft, the parties have clearly reached agreement and it only remains for the lawyers to huff and puff and wordsmith to create or maintain an advantage over the adversary in the course of memorializing the agreement to which the parties have already agreed.

So who's kidding whom, here? Or put another way, who's hiding what from those of us who, while we may not be parties to the litigation, have been intimately involved and will be directly affected by the settlement as residents of and property owners in this Valley? Are we wasting our time and emotions supporting a piece of legislation that will be rendered moot by an agreement that has already been reached, without our knowledge and participation? Have we wasted our time and our money supporting a cause when those whom we support have bargained away that cause for the sake of cutting their losses, or getting the matter behind them? Are we in the process of sacrificing principle and creating dangerous precedent without even knowing that we are doing so, because our elected and non-elected representatives are tired of dealing with it, or are getting cold feet, or whatever their motivation might be, to the point at which they are making deals they want no one else to know?

Once again, I have been involved in enough negotiations to know that they typically are conducted in private, lest those who have no real stake in the outcome have the chance to intermeddle just because they can, whether they know the real issues or not. In this case, an end to this controversy will directly affect all of us who live here, no matter how it ends. I would like for that end to be the product not of secret, back room deals struck perhaps as a result of less-than-universal interests, but rather the product either of the judicial system, or the legislative system, or that of an informed and affected public given adequate time to study any proposed agreement
and an opportunity to meaningfully provide input concerning it.

This is no social studies exercise; this is real. So, those of you in the know: how about it? What's really going on?

We remain concerned about the back room negotiations, but will keep a watchful eye out in the coming days. Now is not the time to be blindsided!

Gage Froerer's HB 218 is Finally Assigned to Senate Committee - It is time to LOBBY!

From our friends at the beloved Weber County Forum, we find that:

Gage's bill has now been assigned to the Senate Government Operations and Political Subdivisions Standing Committee, for 8:00 a.m, on Thursday, which committee hearing will be the last procedural hurdle before it's moved onto the Full Senate, for an up/down vote.

 To view this most excellent post in its entirety, click here.    There you will find Rudi's handy

• 2010 Senate Government Operations and Political Subdivisions Standing Committee contact link page

From there, you can contact the Committee members to enlist their support of this important piece of legislation (of course we think it is the MOST important piece this year as well as last).

Now is the time Ogden Valley.  The 2010 legislative session is at its mid point and there is still much work to be done as extreme opposition toward HB 218 still exists.

Our efforts are gaining steam as one of the most powerful lobbying groups on the hill, the Utah League of Cities and Towns, has dropped their opposition to HB 218.  They lobbied strongly against the Disincorporation bill in 2009 as well.

Also, one of the largest newspapers in the State, the Salt Lake Tribune, recently voiced their support of HB 218 in a recent editorial.

It is time to ride the momentum.  Start sending those emails and make some phone calls.  Your neighbors deserve their constitutional right to vote!

Ogden Valley Township Planning Board Meeting Tonight - Consideration for a Private Heliport @ Red Moose Lodge on the Agenda -- UPDATED: Commission tables the request!

Don't forget tonight's Planning commission meeting


Weber County Commission Chambers
Weber Center (2380 Washington Blvd)
Ogden, UT
5:00 pm

Click here to view the agenda

From the agenda we will point out: 

* New Business

3-1. CUP 04-10 Consideration for a private heliport located at the Red Moose Lodge in Eden, 2547 North Valley Junction Drive. RLR Properties LLC/JCA Properties, LLC, Applicants, Eric Householder, Agent 

See you there!

UPDATE:  2-23-10 @ 11 pm 

From Ron Gleason:

Excellent turnout for the meeting, excellent comments from all (well most, there was the typical 'where are they coming from' folks).

In the end the OVPC tabled the request till they get more information in 4 key areas.

Keep your eyes open for this item to reappear in the next couple of meetings.

Huntsville residents have been watching in disbelief the last few days as the old Valley School building has been coming down.  Di Lewis was Johnny-on-the-spot (or maybe Suzy-on-the-spot would be more appropriate) with this article in the Standard.

Demolition Days / Historic Huntsville school is coming down, and residents wonder why

Many of the locals feel like the heart of the community has been taken away.  From the article:

"People are just sad about it," said Huntsville Mayor Jim Truett. "It's sad to see it go."
Many are third-, fourth- and even fifth-generation Huntsville residents, he said, and seeing the school they, their parents and their children went to coming down is very difficult.
Others are just upset about what they see as waste.
Doug Allen, a 50-year Huntsville resident, said he is not particularly nostalgic but feels that destroying a school and building a new one is a waste of taxpayer money.
Huntsville resident John Posnien was watching the demolition with Allen and said the school district gave up the best location.
In Huntsville, some children are able to walk to school, the streets have little traffic and the Ogden Valley Branch of the Weber County Library was built across the street because the school was there, Posnien said.
He said residents feel school district officials were sneaky about moving the location of the new school.
"It was done subversively. It was cut-and-dried and you couldn't even talk to them about it."
Truett said the city wasn't even notified about the vote on moving the school and city officials were stonewalled when they tried to talk to school district officials.

RIP Ole' Valley!

More Powder Mountain Ink... This Time From the Deseret News

Hot off the press from the Deseret News by way of the Weber County Forum is an article about the latest Saga at Powderville.

Click here to read Rudi's most excellent post, complete with all of the requisite links.

HB 218 Garners Support Of The Salt Lake Tribune

Today's Salt Lake Tribune weighed in heavily on the issue of HB 218.  HB 218 is the bill sponsored by Representative Gage Froerer which will allow the residents in the proposed boundary of Powderville to seek an immediate election for disincorporation.

We applaud the strong stance the Tribune has taken and we urge our humble State Senators to vote in favor of the bill as the state's media is now watching. 

Read the editorial here:

• Powder Mountain -- Let the citizens have a say

 Also, our friends at the Weber County Forum have weighed in this morning.  Be sure to read Rudi's post here:

Salt Lake Tribune Editorial: Powder Mountain - Let the Citizens Have a Say

Comments anyone???

Poll Regarding Heli Skiing In Ogden Valley

We have added a poll to the right side bar regarding the recent hot topic of Heli-skiing in Ogden Valley.  Be sure to place your vote.

Why Negotiate With The Powdervillahns

Guest Post by Ernie

Why negotiate "at this time?"

Nobody can blame the PM Town Captives from wanting a deal and nobody has to take my suggestions. But:

1. The biggest obstacle to passage in the Senate, Senator Killpack, is gone because of his resignation due to a drunk driving charge. According to the Tribune, Killpack, sponsored HB 466 in June of 2007. It was KIllpack who last year closed the session early to prevent the bill allowing the Powder Mountain Captives a vote to Opt. out of HB 466. For shame on the Senate.

2. Right now proceedings relative to incorporating Powder Mountain Town are stayed pending appeal.

This means the parties to the law suit brought by the Powdervillahns' against The County and several of the Powder Mountain Captives are ordered and sanctioned by possible contempt of court to do nothing until the case is heard by The Utah Supreme Court. Has the conduct of the parties recently violated the stay? Well, it is complicated. The time to get a hearing in Supreme Court is six months to two years. Point. Parties involved are ill advised to do anything in a hurry.

3. Nobody should be heard to object to the bill that is now passing through the Utah Senate. HB 466 as amended is totally illegal because now only the PM Captives can be dragged into a town with no immediate right to vote out. This is an obvious violation of  the "equal protection" provisions of the Utah Constitution Art. 1 Sec. 2  & 3. 

It makes no sense to risk illegal conduct or an illegal result by shortcutting the Judicial and Legislative process. No negotiations should take place until there is a hearing date set in the court because most rate chances of proceedings in the Senate rescuing the Powder Mountain captives great. 

                                                                                                                ernie

Observations From Yesterday's County Commission Meeting, aka An Old Fashioned Dog and Pony Matinee -UPDATED

This is one of several important posts today, so scroll down to read them all.

Guest Post by IMA Believer

I attended the Commission farce yesterday. These people just don't get it. Both Zogmaister and legal beagle Wilson stated openly that their job is not to shut people down, but to bring people into compliance. Translation: they never met a commercial venture or a development they didn't like, no matter how bad it is. How about a casino, or a whorehouse, or an opium den? Sure, if it pays taxes, find a way to "bring it into compliance"!

They take their guidance from a slick little video put out by the Utah League of Cities and Towns (ULCT) that tells them that's what their function is. The ULCT? That's the developer/real estate lobbying group that opposed Gage Froerer's legislation last year to stop Powder Mountain Town. BTW, ULCT opposes it again this year. So the Commission and its minions take their instructions from lobbyists, for openers.

Next, the meaningless public comment period offered after the deed was done was truncated by the ever-rude and blustery Bischoff, complaining that Shanna Francis had exceeded her generous three minute allocation, when in fact almost all her time was taken up by legal department wizard Wilson who stuttered and stammered his way through a seemingly endless discussion of whether a comma means "and" or "or" or nothing at all. He even seriously suggested that the commission could have disposed of the whole matter by simply lifting Iris Hennon's cease and desist order. Just how would that be done legally, sir?

Bottom line: if you want to do something controversial, something marginal, maybe something really stupid and dangerous and noisy and dusty in the summer, just go ahead and do it--the commission will find a way to bring you into compliance. Forgot to plan ahead enough to follow the rules and file your app in time to get permission (if you can) the right way? No problem. Call Zogmaister; she'll approve anything.

And last, in fairness to Diamond Peaks, lest we forget, this application for an exemption did not come from Diamond Peaks, which has operated heliskiing operations for years without bothering anyone. It came from Wolf Creek Resort (with obvious handholding effort from the county)in its effort to buoy up trade at its no-doubt-struggling Red Moose Lodge by offering heliskiing right out its back door.

Make a bad business decision, say, to buy a motel with no customers, or a ski resort without checking the zoning first? No problem; call Zogmaister. She'll bring you into compliance.

Someone needs to remind these commissioners that they have a duty to the people who live here, not just to the people who want to come in and make money off the people who live here. Pehaps November might be a good time to deliver such a reminder.

Blogmeister Note:
 
Next, the issue goes before the The Ogden Valley Planning Commission in a meeting to be held:
Tuesday night, Feb.23rd
at 5:00 p.m.
in the Commission chambers in Ogden.

UPDATE:  2/17/10 @ 12:00 pm

Be sure to read today's article in today's Standard:

• Weber commission stands by exemption to ski helicopter service

Helicopters in the Valley Part 2!

UPDATES BELOW

A guest post by Shanna Francis

Friday I spoke to Sean Wilkinson in the Weber County Planning office for an update on the helipad issue at the Red Moose Lodge.

Craig Olsen, owner of Diamond Peaks, for years had been landing his helicopters at Powder Mountain dropping off and picking up heli-skiers.

Apparently he’s had a falling out with Powder Mountain so has been working with Wolf Creek to set up a service from the Red Moose Lodge flying customers to and from skiing the back side of Powder Mountain on private property owned by a family by the name of Jensen.

A couple of weeks ago a cease and desist order was placed on the landing of helicopters at the Red Moose Lodge because such a use requires a Conditional Use Permit from the county. Eric Householder of Wolf Creek has since applied for such a permit, and the issue will come before the Ogden Valley Township Planning Commission on Tuesday night, Feb.23rd at 5:00 p.m. in the Commission chambers in Ogden.

Thus, today when I heard the helicopter buzzing the Valley back and forth all day, I got a hold of Sean Wilkinson at home to check to see if they had obtained some type of special permit to continue flying. He confirmed that they had not.

I went down to the Red Moose Lodge to take some pictures of the helicopter flying, and I was told by Craig Olsen that they had received permits from Commissioner Zogmaister. I was shocked and called her at home to confirm this. I was even more shocked to learn that, indeed, the Commissioners had granted a “temporary permit” for helicopters to land at the Red Moose Lodge; apparently something Commissioners can do—grant temporary permits.

Weber County Ordinance 31-6 states, “The granting of a temporary exception may be made by the County Commission with or without the prior recommendation concerning the same from the Weber County Planning Commission. Such temporary exceptions may be granted upon the County Commission determining that such a temporary exception is justified because of some unusual, emergency, act of God situation and that the health, safety, convenience, order and welfare of the inhabitants of Weber County will not be materially affected, if such temporary exception is granted.”

This ordinance sounds like it was instituted to give the county broader discretion in the rare or unusual instances that an emergency arises; thus, this week a power has been broadly defined by our commissioners to benefit a special interest. By coincidence, Diamond Peaks is the contractor that the county uses for their avalanche control on the divide, and, I think, to help in search and rescue operations.

When I called Commissioner Zogmaister (I couldn’t believe this was true), she confirmed what I had been told, and became very defensive and defended the decision stating (Craig Olsen told me the same thing when I went down to the Red Moose Lodge) that his business had several contracts that they needed to fulfill, and couldn’t wait for the Conditional Use Permit to be approved! He also told Jan that he has been doing the same thing for years—doing drops for heliskiers and had just changed places. However, apparently he didn’t’ tell her, or explain, that he had been doing it on top of Powder Mountain where the amplified sound of the helicopter didn’t reverberate and bounce around the entire Valley. It just so happened that while I was on the phone with Zogmaister, another helicopter came down. I opened up my window and asked her listen. Yes, she heard it, but wasn’t impressed. She told me that the Valley was a recreational community, and, basically, that’s what we were getting! I really was shocked. She then went on to accuse me of being anti-recreational, ignoring the issue at hand. Asking her more questions, she stated that it was Rob Scott’s idea about the temporary permit, which he supported. I asked her why Sean Wilkinson had told me that Wolf Creek hadn’t received a temporary permit to operate the helipad at the Red Moose Lodge. She replied that she guessed he hadn’t been told about it.

I am appalled by this decision by the Commission, and their misuse of power for the benefit of a special interest at the expense of the rest community. I am also appalled by their lack of interest in the issues surrounding helicopters being permitted to zoom back and forth across the Valley. She stated that Diamond Peaks had no other options and he would go out of business. I replied that he has plenty of other options, and even if he didn’t, the business is not above the law and should be held to the same rules and laws as everyone else.

Oh, and the commissioners also pushed the date of the Conditional Use Permit hearing forward. Usually applicants have to wait 60 days instead of a couple of weeks, according to Zogmaister.

If you are concerned with year-round access for helicopters for landing and taking off from the Valley floor, please attend the planning commission meeting Tuesday, and ask all of your friends and neighbors to attend also. Although, I believe our battle will be with the commissioners, NOT the planning commission.

Shanna Francis

UPDATE:  2/15/10 @ 10 PM

CLICK HERE to see the agenda for the Weber County Commission Meeting being held tomorrow morning at 10:00 a.m.  See agenda item #7!!!  Guess what’s on the agenda?  Yep, a temporary permit for a helipad at Red Moose Lodge!  Apparently they hadn’t even met on the issue before issuing it????  They were going to vote on it after the fact?????  I’m not sure how this is working.

UPDATE: 2/15/10 @ 10 AM

The Standard Examiner weighed in on the issue as the Weber County Forum Points out this morning.  Stand by for the results of the County Commission which is taking place as we speak. 

From the article, Wolf Creek's Rob Thomas said it best, "Everything we're about up here in this valley is recreation."
We respectfully disagree Mr. Thomas.  The world in Ogden Valley does not simply revolve around Wolf Creek and your exploitation of our valley.  Our valley is about local families!

Gage Froerer's H.B. 218 Passes in the House By a Stunning 63-0 Vote

This just in and we will refer you to the Weber County Forum for details along with audio from today's meeting.

Be sure to catch an update to yesterday's post regarding a "deal" in which Powder Mountain will withdraw their petition.  See below.