Powder Mountain Boycott is Urged while Former Planning Commissioner Jamie Lythgoe Is Back On The Hotseat

Powder Mountain continues to be a hot topic over a morning cup of Joe at Drew's place ever since the greedy bas----s chose to trample the civil rights of citizens who will be forced into the grand company town of Powderville. "Forced" because the citizens will never have a vote until a full two years after the incorporation and coronation of the Town's Father's (cronies) takes place.

Some may remember that this forum promoted a boycott of Powder Mountain in February, 2008, but it was late in the ski season and didn't gain much momentum. Now rumblings of a full scale, all out boycott are being proposed and we feel the timing is right with the Season Pass sale just getting underway.

Others share our conviction as illustrated in an upcoming letter to the editor of the Standard from Eden resident Dennis Maher.

We will insert an excellent clip on the issue that recently ran on the front page of the Weber County Forum:

And here's a short letter from the Std-Ex live site, calling upon Powder Mountain skiers to exert some socio-economic muscle; and to boycott Powder Mountain:

• Residents oppose Powder Mountain agenda

We believe Std-Ex reader Dennis Maher makes a very good point. For those who are opposed to the Powder Mountain developer's despicable Powderville Town power grab, buying ski passes at Powder Mountain is rather like sleeping with the enemy, isn't it?

On another Powder Mountain note, you may remember the lengthy saga of Jamie Lythgoe, granddaughter of Alvin Cobabe, the Powder Mountain Founder.

To recap, Jamie was appointed to the Weber County Planning Commission mysteriously at about the same time Powder Mountain's new owners began petitioning Weber County for substantial zoning and density changes.

The issue of a conflict of interest came up repeatedly and Jamie refused to admit any conflict claiming that her family had sold nearly all of their Powder Mountain assets and the changes would have no effect on her and her family.

We urge our readers to view this October 2007 Standard Article when the issue of a conflict came to a head. Be sure to review the Bold Text.

Among other things, the article quotes minutes of a meeting with Ms. Lythgoe which states, “Commissioner Lythgoe for the record said the property was her family business, but they have sold it.”

As luck would have it, we were recently forwarded an email from Ms. Lythgoe to the Executive Director of the Ogden Valley Business Association. The email was in response to a request from the chair for local OVBA member businesses to participate in the upcoming "Powder Rush" Winter Outdoor Sports Show.

Here is Jamie's response to the request:

I will committ time and funds for Columbine Inn at powder mountain to participate. Count us in. I think it is great for this year where travelers are vacationing closer to home. I would be happy to donate a room stay for a giveaway prize if needed also.

Jamie

Sent from my BlackBerry® smartphone with SprintSpeed

Take note that Jamie uses the pronoun "I" several times synonymous with being one in the same with the Columbine Inn. A simple Realtor or broker managing the property would likely not have the ability to so nonchalantly donate a room and "committ the time and funds." The Columbine web site touts all of Powder Mountain and boasts rentals for Ski In and Ski Out Condos.

You be the judge Ogden Valley. Conflict or no conflict.

UPDATE: July 31, 2009 11:00 am

Be sure to read Rudi's most excellent article on the topic at the Weber County Fourm.

Contractors Equipment Storage/MV-1 Rezone – Analysis and Recommendation

GEM Committee Members: Jamie Lythgoe, Ron Gleason, Sharon Holmstrom, Richard Webb, Steve Clarke, David Holmstrom.

Contractor Representatives: Thom Summers (S&S Excavation), Jason Peterson (Peterson Builders)

Stated issue: The proposal by the County is to expand the space available for contractor equipment storage by adding that use to existing gravel zones with some restrictions.  This appears to be driven by:

1. The need to strengthen the County’s legal position in the effort to enforce the law, as several (if not most) contractors now store their equipment illegally.

  

2. Contractors seem willing to endure enforcement action because the financial penalty is small compared with cost of compliance and enforcement action typically takes a long time if it occurs at all.

 

Other issues:

1. At this point the root issue is enforcement.  Modifying zoning will not solve the problem.  Zoning will not drive demand.

2. At some point in the future more space may be needed; more space will then be necessary, but other issues will need to be addressed as well, especially creating a “level playing field” for all contractors who need to store equipment.

3. Processing operations, e.g. crushing and asphalt plants, are not expected to happen in the MV-1 zone.  Thom Summers attempted to do process operations and they proved economically unattractive.  It is much more attractive to do something like crushing on the job site.  Substantial process operations require about 10 acre sites to be successful.  This leads to the conclusion that the current concept of an MV-1 zone could well be redefined.

4. Larger contractors are likely to move their operations to Ogden to achieve financial stability and continued growth.  This will result in a continued contractor profile of small to medium size operations.

Recommendations: 

1. Look at the issue of contractor equipment storage more comprehensively to create a “level playing field”.

Decide on a definition of contractor equipment.  For example, a landscape business uses a large track hoe, heavy dump truck, and other heavy trucks, tractors, etc.  Why should this business be allowed in CV-2?  Another landscaper stores his equipment on a relative’s farm.  How much equipment does a framing business need to have to be subject to the rules of contractor equipment storage, e.g. 1 small trailer, 1 large trailer, more than one trailer?  At what point does a business move from a home based business to be required to store equipment at a designated spot?  Do agriculture contractors fall in the same category?  Is the break point defined by hiring an employee?  Look at CV-2 uses and ordinances affecting home based businesses.

2. Add penalties which motivate compliance by being large in comparison with cost of compliance.

3. Create a new Contractor Equipment Storage Zone which requires a minimum office space on site for each contractor in addition to space for equipment and does not require ownership of the site.  

It is believed that in the existing MV-1 zone the existing buildings and lots could be easily modified to provide each contractor in the Valley with an office and adequate storage space for equipment.  These facilities might be leased, at a much more reasonable cost than purchasing a lot and adding a building.

4. Consider the current gravel zones as expansion areas when more space is needed for the Contractor Equipment Storage Zone.

Conclusion:

County legal and the County Commission need to decide whether it is truly a legal issue driving the need for action.  If this is the case the recommendations made here have the potential to create a demand for contractor equipment facilities which doesn’t exist today and to create a level playing field (or business cost structure) for all the Valley contractors.

The issue of light manufacturing, defined as a business operating in an enclosed building, producing a finished product is separate and might be addressed in the future.

The GEM Committee members and the Contractors are asking for your input on this issue in Ogden Valley.  If you have any concerns or questions, please contact Steve Clarke, Chairman of the GEM Committee at sdclarke@oValley.net or 801-745-1348. 

Powder Mountain article-Counter Point!

If you read the article today on Powder Mountain in the Standard Examiner, you will find how a supposedly non biased article can be slanted to fit any view desired by excluding other points of view.

Let’s dissect this article with known facts and see how it stands up for unbiased reporting:

1. Mr. Lowther sounds like he is the only homeowner that is not wealthy that will be affected by this forced incorporation.

FACT: Mr. Lowther is in the minority number of affected homeowners that favor the forced incorporation, a majority oppose it.

2. Mr. Lowther said “I think the best way is to have the local people control what’s going on rather than people that don’t live in the Valley and have no real concern for what’s going on up here.”

FACT: NONE of the Petition Sponsors for the Powder Mountain incorporation live in Ogden Valley.

3. Jamie Lythgoe said she is uniquely qualified for the position after working with the OV planning commission. Lythgoe also said she does not foresee any problems with a conflict of interest. She said “I don’t think anyone has a hidden agenda.”

FACT: The Planning Commission Procedures regarding Conflict of Interest Part A, reads: “A Planning Commissioner to whom some private
benefits may come as the result of a Planning Commission action should not be a participant in the action.” It also states, “The private benefit may
be direct or indirect, create a material, personal gain or provide a distinct advantage to RELATIONS or to friends or to groups and associations which hold some share of a person’s loyalty.”

FACT: Does Lythgoe mean like working (as she did) on the OVPC and at the same time the Town Incorporation plans behind the scenes? A conflict is already fact in our opinion and where is the concern for the public trust anywhere to be found?

In October of 2007 Planning Commission Chairman Louis Cooper and Assistant County Attorney Chris Allred were quoted in the Standard-Examiner
that they were both under the impression that the Cobabe family had sold
all of their interests at Powder Mountain. In addition, Monette Hurtado
was quoted as saying, “ As to the specific ownership, I don’t know the details.” Ms. Hurtado also said “She did disclose that her family sold all their land.”

More Facts: The Cobabe family still owns over 200 acres up in the Powder Mountain area, yet the leaders of this County refuse to address any conflict of interest.

5. The Standard Examiner reporter today wrote “Having three people from the same family's appointees has been a concern for opponents of the town”

FACT: It is the Weber County Commissioners that have opposed the family weighted list submitted by Powder Mountain in the two Commission meetings. The eloquence of Commissioner Jan Zogmaister was apparent when she stated they “could have a family reunion and have a quorum”.

One has to wonder why today’s Standard Examiner Article omitted the fact that the Powder Mountain representatives failed to answer the Weber County Commissioner’s questions on why Powder Mountain did not include any names of individuals interviewed by the Commission and a Powder Mountain representative for town council other than signers of the petition, Cobabe family members, employees or potential employees of Powder Mountain.

6. Mr. Lowther said “ he does see many potential benefits from the development, though, such as lower taxes and acquiring green space to compensate for development.”

FACT: When was the last time anyone around a big development saw their property taxes go down? The property taxes have jumped across the Ogden Valley due to all the new development in the past 4 or 5 years. Consider what will happen if Powder Mountain puts in their so called “World Class” resort next to our Valley? Your property value may go up, but that may only help if you want to sell. If you stay put, you are probably going to share in the dubious “glory” of substantial increases in property taxes in the future.

Larry and Sharon Zini

The Standard Takes Two Steps Forward and Twenty Steps Back and An Update on the Horse Theft

Just when the local rag, aka The Standard Examiner, had made such strides on the Powderville saga, we read this morning's piece of literary trash entitled "Proposed To Lead Powder Mountain Town."

One of our humble Powderville residents offered this heads up by email:

Has everyone seen the front page of the Standard Examiner today? There is a completely pro-Powder Mountain article. It seems as if it was written by the Exoro group themselves (PM's PR firm.) John (name changed to protect the innocent) is so angry he called up and cancelled our subscription to the paper. He says we should post a call for everyone to cancel their SE subscriptions for siding with the blatant violation of our rights. We are the ones getting screwed, not PM.

We agree with our humble reader. After the Standard Editorial board had made such great strides with two fabulous editorials, they allow staff writer Di Lewis to publish this. We guess they are taking a page out of Fox News' 'fair and balanced' book?

There are some humorous quotes that must be highlighted.

“I live right on Powder Mountain Road. I’m going to be one of the ones most affected by traffic and development, and I want to be in control of that,” said Lavar Lowther, a town council nominee. “I think the development is going to go ahead whether it’s through a town or a county, and I think the best way is to have the local people control what’s going on rather than people that don’t live in the valley and have no real concern for what’s going on up here.”

Local people who are in Powderville's hip pocket? Or members of one family? Can you say nepotism?

Jamie Lythgoe, another potential council member, believes her experience and background with Powder Mountain would be an asset to the town, although it has also raised questions about a conflict of interest.

Much of the controversy surrounding Lythgoe stems from her family ties to Powder Mountain and her former position on the Ogden Valley Planning Commission.

She does not foresee any problems with a conflict of interest. “I don’t think anyone has a hidden agenda.”

Hasn't her agenda already been executed? She got on the Planning commission during the rezone petition and as that avenue played out, she acted as a mole for the Powdervillians through their rezone petition. AGENDA COMPLETE!

[Alvin] Cobabe, the proposed mayor, said he wants to do what is best for the community, and the Powder Mountain resort has provided a good place for recreation. He said the resort cannot survive on only ticket sales, especially if old ski lifts are to be replaced. “I’ve liked Powder Mountain. I still like it. I like the community,” he said. “And as far as I’m concerned, I’d do what’s fair and best for all concerned. That’s the only reason I’d take the job.”

If he likes the community, why be a part of an unconstitutional process and taking of his neighbor's rights?

Although some are afraid the council will ignore viewpoints that do not support development, Lowther said he would listen to everyone. “I do have concerns about what’s going on up there,” he said. “It’s not like I’m 100 percent in their pocket. I think I can look very objectively at the issues and take into consideration the feelings of the people that are not for, or are ambivalent about, the development.”

If you are not 100 percent in their pocket, just how much are you in their pocket, Mr. Lowther?

Season tickets are now on sale and we say put your money where your mouth is. Snow Basin and Wolf Mountain both have easy access and would love to sell your family a season pass.


Regarding the Horse theft last week, be sure to read the update from Lori. If you are unable to open the link, simply scroll down to the Horse Theft post and click on the Click to Comment link.

Weber County Commission refuses to act on Powder Mountain list! -- Ogden Valley Exclusive - audio of today's meeting.

UPDATES Below

In what must have been a stunning move to Powder Mountain, the Weber County Commission refused to act today on the Powder Mountain petition to name the Powderville town council and mayor.

To say that the Weber County Commissioners were a little put out by the revised list of names submitted by Powder Mountain would be putting it mildly.

Powder Mountain refused to include any names other than their original selection plus 3 spouses and two new individuals on the town council list presented to the Commissioners. Interviews of numerous other qualified residents were jointly conducted by the Commissioners and a representative from Powder Mountain. The two new individuals' names were not previously submitted to the commissioners nor were they interviewed. A good question is why don't all of Powder Mountain's selected candidates for the town council have to go through the same interview process as other candidates?

Commissioner Bischoff said he was "Offended" by the new PM list after all their discussions and interviews. Commissioner Zogmaister said that the petitioners could have a "family reunion and probably have a quorum" if they used the list submitted by Powder Mountain. Commissioner Dearden said that every attempt was made to work with Powder Mountain to help make the list more representative of the town's people, yet Powder Mountain came back with the same list that also added three husband and wife pairs.

The Weber County Commissioners repeatedly asked the Powder Mountain representatives what criteria was used by Powder Mountain to exclude all other qualified candidates from consideration and the three Muses (see no evil, speak no evil, and hear no evil) had no logical response. Their refusal to explain the Powder Mountain reasoning seemed to increase the frustration of the Weber County Commissioners.

Commissioner Bischoff stated "It may be time for a Judge to decide the issue". The three Weber County Commissioners decided not to act on the Town Council petition but told the Powder Mountain representative that they would be willing to meet with Powder Mountain to discuss the list and all the qualified candidates.

We think the Weber County Commissioners deserve our thanks for standing up to Powder Mountain on this town council issue.

In other business, the Weber County Commission appointed Gary Alllen to replace the resigned Jamie Lythgoe on the Ogden Valley Planning Commission. Gary has served on the OVPC during the previous several years.

Go to the VCRD Website www.vcrdutah.org for a complete list of OVPC members and contact numbers.

Blogmeister update: In an Ogden Valley Forum Tuesday night exclusive, we offer a recording of this morning's landmark decision of the County Commission to take no action at all. We applaud them for taking the stand. The recording is not perfect and subject to some background noise, as we could not fit our Denon Audio system inside the chamber, but you can certainly crank up the volume and hear it unfold. We have included only the Powder Mountain agenda item, which took the last 25 minutes of the meeting. Hearing Powderville's project manager, Brooke Hontz, tap dance is well worth your time as she was definitely out of her league this morning. The commissioner's questions get interesting at the 11 minute mark if you wish to fast forward.

In a second audio clip, Eden Resident and GEM Committee Chairman Steve Clarke asks a poignant question of our Commission and legal staff. (6 minutes)

Lastly, be sure to read Kristen Moulton's Tribune article, and as always, check out the discussion on Rudi's award winning Weber County Forum.

What say ye Ogden Valley citizen's?

Commission Meeting Reminder

Just a brief Tuesday morning reminder of the Weber County Commission meeting this morning:

10:00 am

Weber County Commission Chambers

2380 Washington Blvd

Ogden, UT

The agenda was finally available Monday on the County web site, even though it is dated August 14, 2008 and the county site states that it will be posted by the Friday prior to a meeting. We think it is a fairly important meeting that should be posted more than the minimal 24 hour state required public meeting notice, especially since it appears to have been available last Thursday. Time and time again, important agendas are not available for public viewing and we all should demand answers from our County Leaders.

Our tantrum aside, two important Ogden Valley issues stand out on the tardy agenda (we will paraphrase for brevity):

1. ...appointing a member to the Ogden Valley Planning Commission.
2. ...appointing a Mayor and Town Council for the town of Powder Mountain.

Now two mysteries abound - which planning commissioner is being replaced mid term? Certainly it would not be 'no conflict' Jamie?

And who will lead our company town - the town we call Powderville.

Be the first to find out and see you in the chamber!

Utah's newest town and The PERPS Chosen Six - Welcome to Powderville, aka Powder Mountain Town

UPDATE: August 6th @ 10 am: This mornings Standard and Deseret News offer a few more details of yesterdays landmark decision.

We have to give the PERPS credit as their script remains unchanged and is sounding much like a scratched record. Their list for Mayor and Council members has a striking resemblence to that of the original petition for incorporation.

We nailed three of their choices during last nights post:

Alvin Cobabe (90+ years old) - Powder Mountain Founder

Council Members:
LaVar R. Lowther- Alvin Cobabe's Grandson

Jamie Lythgoe- Alvin Cobabe's Granddaughter and Ogden Valley Planning Commission member

Rick Stearman (USAF Col -ret.) Powder Mountain Road resident and member of the Powder Mountain Ski Patrol

Erin Stokes - Was involved in golf at Wolf Creek and a real estate agent. Was head of the host program at Powder Mountain...and has already laid her cards on the table.

Steve Moisen

Powderville To Become A Reality?

The Powderville Saga has been ongoing for more than a year and it seems as though things will come to a head during the Weber County Commission meeting Tuesday morning (10 am @ the Commision Chambers).

It sounds like Round 2 of a scheduled 5 round bout will begin Tuesday at noon as the Commissioners are implying their only choice is to approve the Powderville Incorporation. We strongly disagree and urge the commissioners to stand up for the Constitutional rights of their constituents and say "Hell No" to our greedy neighbors. We are certainly not holding our breath as the county will likely be on the wrong side of a pending, lengthy legal battle, and we are betting Powder Mountain will not tapout anytime soon.

Don't miss the latest update compliments of our friends at the Weber County Forum today, and don't miss the unveiling of the new Powderville Mayor. Could it be "Dr. C?" (Alvin Cobabe), Ogden Valley Planning commissioner Jamie Lythgoe (granddaughter of Dr. C)? Rickie Stearman?

The next episode of our evolving soap opera should be exciting - arrive early for what is sure to be a packed house.

Just when we thought it couldn't get any better....

Where is our County leadership?

In today's Examiner, Mark De Caria remarks leave us dumbfounded. He says the issue on the Lythgoe conflict of interest is a moot point. I guess that he doesn't realize the incorporation is not an accomplished fact as of this date and Lythgoe is still sitting on the OVPC after her disingenuous duplicity regarding the Powder Mountain incorporation petition. If in fact it is a moot point, you would think that our elected County Attorney would still want to examine the recent activities of Lythgoe because of the obvious public facts that have surfaced about her actions.

It is clear the County Commissioners do not want to face the music on Lythgoe's conflict of interest actions, since they are the people that appointed her. Her actions of participating with the other OVPC commissioners on the conditions for the Powder Mountain rezone and at the same time being involved with the clandestine preparation of the incorporation petition for a Powder Mountain town is an obvious example of conflict of interest by an appointee in the County. Add to that mix, that she and her family stand to benefit by any large development at Powder Mountain, makes it obvious that this was the intent by Lythgoe from the start.

We read with amusement that De Caria and Zogmaister indicated that the public can get this issue before the County Commission "If they are concerned." Where have they been? They have received numerous letters and calls about this issue, even Zogmaister admitted that they are aware of the public's concerns. I guess it would be asking too much for both the County Attorney's office and the Weber County Commissioners to take the initiative to look into this questionable Lythgoe behavior regarding Powder Mountain. It appears they feel it is not their responsibility to stand up for integrity and the public trust regarding our Ogden Valley Commission members.

The failure to deal with this issue aggressively is as old as time itself. These Weber County Commissioners refuse to admit that they made a mistake appointing Jamie Lythgoe. When confronted with the facts of her duplicity and the subsequent obvious conflict of interest actions, we continue to witness a lack of interest or initiative from the County leadership to examine Lythgoe's actions

We should contact our County Commissioners and call for a public hearing on the Lythgoe conflict of interest issue. This is not just a legal issue, it is one of public perception and trust by an appointed County official and deserves full exposure and review.

Larry and Sharon Zini

An Open Letter to the County Commission, Planning Staff and Planning Commission

April 19, 2008

As a concerned citizen and past planning commissioner, I am aware that each year county legal staff gives a serious overview in a public meeting of the obligation of planning commissioners to be open about declaring their conflicts of interest, particularly as it involves “a financial interest, direct or indirect” and the importance of recusing themselves where such a conflict may exist. Jamie Lythgoe, real estate broker, is perceived by many to have a serious conflict of interest. She is one of the signers of the petition to incorporate Powder Mountain. By signing the incorporation petition, she effectively takes the following positions:

1. She has shown that despite her claims of no conflict of interest, that she has a clear interest in and association with Powder Mountain.

2. She supports the move to bypass the zoning regulations of Weber County, regulations which as a commissioner she should be upholding.

3. She has shown loyalty to the family business at Powder Mountain over loyalty to the common good. The incorporation petition deprives citizens of their constitutional rights to vote on their own jurisdiction. It deprives them of the right to vote on the people who will supposedly “represent” them and who will have the power to tax them. The petitioners have taken advantage of an unconstitutional loophole created by the state legislature.

4. She has refused to recuse herself when there was an obvious family involvement in the Powder Mountain issue. Though legal counsel may not have been aware at the time, the community was very aware of this involvement. At the last minute she abstained from the vote when she should have recused herself from the issue entirely, from the beginning.

While planning commission procedures suggest not excluding whole categories of business or professional people, it is clear that when the county does appoint a realtor/real estate developer/broker to the planning commission it naturally sets up conflicts of interest, both real and perceived. If this appointee denies, approves, or places certain conditions on a project, it ultimately affects whether their brokerage firm may get the listings on those projects. It puts that commissioner in a potential position of handing out favors to others or helping to create zoning laws which are favorable to themselves and their colleagues. In addition, allowing such a commissioner to vote on projects that are in direct competition with their own developments, is in my mind, an even more flagrant conflict of interest. At the moment, we have only one such realtor/broker/real estate developer on the commission but it would be wise to consider that these same conflicting conditions will apply not only to present commissioners but to future appointees.

It is unconscionable for Mrs. Lythgoe, or any other commissioner, to vote on issues that directly affect their own family’s business or real estate interests, including any future proposed developments by other signers of the incorporation petition. But even more importantly, Mrs. Lythgoe should not vote on issues that affect Powder Mountain’s direct competitors i.e. Wolf Mountain, Wolf Creek, Snow Basin or any new resorts which could come before the commission.

I am aware of one county board whose members are required to sign a statement disclosing their affiliations, both in business and in the community, as well as an ethics agreement. These signed statements are notarized and on file. I would ask the you to institute such a policy with planning commissioners and that it be updated yearly, including any ownership in holding companies and LLCs.

A wise legal counsel once said, “The integrity of the process is as important as the decision that is rendered.”

Sincerely,
Sharon Holmstrom
3128 North River Drive, Eden, Utah 84310
745-6638

Powder Mountain Incorporation Petition for all to view

Once again, one of our humble readers came through and replied to our request for the original Petition submitted by Powder Mountain. Our apologies, as we should have posted this long ago.

Click here to view the petition in it's entirety. We think you will see some items of interest. It is a large file that may take some time to download, so be patient.

Pay particular attention to the status of several of the LLC's or corporations. Some are delinquent according to state records and should at least wave a small red flag with Mr. Bischoff and company at the County Commission offices.

Also, we find the personal addresses of the Petitioners to be quite interesting - Hawaii, San Diego, Las Vegas, Colorado, Park City....

And we have mentioned fishy ties before with Western America Holding, LLC (Mark Arnold and Lee Daniels) being the "new" owners of Powder Mountain, while Western America Development Corporation, Inc. owns adjacent property and consists of Cobabe's daughters as principals.

According to State records, the former has a "status date" 5/14/04 while the later has a "status date" of 5/13/04. Is it just a coincidence that both companies were created within a day of each other? Cobabe's (and their Planning Commissioner granddaughter Jamie Lythgoe) have claimed to have sold the resort with no ties except a small adjacent property, but they are BIG players in the "Powderville" incorporation scheme. Why?

And according to our informal poll, only two petitioners actually:

1. Have an Ogden Valley residence
2. Are not related to the Cobabe's

That would be Rulon and Kathy Jones and Ricky and Theresa Stearman.

It is a large file but a worthwhile read, and it certainly gives justification to "Future Powderville" resident, Darla VanZeben, who recently spelled it out for the Standard Examiner.

Comments anyone?

Powder Mountain Protest leads to BOYCOTT of Powder Mountain Ski and Winter Resort

IMPORTANT UPDATES BELOW - Last Updated @ 12:45 PM


"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." Margaret Mead

Our hats go off to the dedicated residents of Powderville who once again pounded the pavement on Presidents day with protest signs in hand.

We invite you to listen to KVNU's For the People [2nd hour - fast forward to 32 minutes] as Protest organizer Deja Mitchell did a masterful job of overviewing the Presidents Day event.

Powder Mountain spinmeister and publicity spokeswoman, Lisa Davis, was later interviewed. When asked about the protesters she said, "They may not know their neighbors very well, because the people we have talked to definitely have very strong ideas of what they want done in their back yards..." She went on to say, "They are not 'pawns' of a corporation."

To the contrary, they are nothing but pawns, and the corporation will soon appoint six puppets to govern the people.

Davis seemed to imply that there was a long list of Petitioners for the incorporation, and many not associated with the corporation. That is pure and simple spin - better yet, rubbish, as there were less petitioners for the incorporation than we have fingers and toes.

At last count, over 500 have signed the petition to change HB 466, the tainted law that allowed this takeover from a greedy, fascist corporation.

In fact, the short list of Powder Mountain Incorporation Petitioners included:

Mark E. Arnold - Owner of Powder Mountain

Lee A. Daniels - Owner and Money man behind Powder Mountain

Steve H. Nielsen II

Edward F. Bates

Rickey T. and Theresa A. Stearman - residents - Mr. Stearman is an employee of Powder Mountain

LaVar R. Lowther

Eric Smith

Dr. Alvin and June H. Cobabe - Founder of Powder Mountain

Aleta Cobabe - Daughter of Dr. and Mrs. Cobabe

Clair and Shawna Van Meeteren - Shawna is also a daughter of Dr. and Mrs. Cobabe

Doug and Jamie Lythgoe - Daughter of Clair and Shawna / Granddaughter of Alvin Cobabe, founder of Powder Mountain. Also a realtor and member of the Weber County Planning commission, the body that conditionally approved Powder Mountain's rezone request in December.

Robert MacCulloch

Wayne C. and Gayla Folkman

Rulon and Kathy Jones - Large land owner of property adjacent to Powder Mountain

David Barlow

Colby Sanders

Powder Mountain, with their polished PR firm and high priced legal team overlooked one large piece of the puzzle - the resolve of Ogden Valley residents and their ability to "come together" for the common good. Valley residents will not sit back idly and watch the puppet show - the last time we did that was during the 2nd grade puppet shows at Valley Elementary.

With that in mind, we will heed the suggestions of many residents and officially kick off a Boycott Powder Mountain campaign. While the results may be hard to quantify, Powder Mountain can rest assured they will be losing business. To add teeth to our Boycott, we will include details of how to Ski World Class Snowbasin for less than the cost of a Powder Mountain lift ticket.

Costco sells Snowbasin tickets for about $47 each, when purchased in a three-pack for a total price of about $139. As the Boycott continues, we may even have Snowbasin tickets available for sale at the protest locations, with the motto:

Turn around and enjoy some 'World class' skiing for just $47.

From Salt Lake, there is a Costco located on the way to Snowbasin in Bountiful. There is also one located in Downtown Salt Lake and Ogden.

To see how effective our campaigns may be, we invite Powder Mountain officials to conduct a simple test. Go to Google and search for "Powder Mountain Protest" or "Powder Mountain Boycott." The results may surprise even their arrogance.

The protest spurred much interest in the media, as KSL Eyewitness News and Fox 13 reported from the site.

KUTV 2 news has said they will attend a meeting Thursday that Powder Mountain has claimed they will hold with citizens. To date, we have no information on this supposed meeting and can only assume it will include more of their rhetoric filled attempts to divide and conquer.

The Weber County Forum posted another winner with their run down of the Kimball Wheatley "Manifesto." The Voice of Deseret Blog also chimed in.

We have saved the most incredulously stupid comments for the end, and they were published in Marshal Thompson's Standard Examiner coverage of the Protest. Sadly, by a future Powderville resident and realtor in Gage Froerer's office named Erin Stokes. We will give her the benefit of the doubt as she has obviously been drinking the Powder Mountain kool aid and could use a serious dose of reality. Her comments provide for a laughable and astonishing read:

Erin Stokes, a real estate agent in Eden, said she can’t understand why some of her neighbors are against the in- corporation plan. After looking at both sides,she said, she feels a new town is clearly the best choice. “I listened to all the things my neighbors had to say. I talked to the marketing people for the developers, and they were very helpful,” she said.
“I’m just really excited about it. I don’t see any negatives to it at all, and I’ve studied it a lot.”

She must be using a different text book for those studies than the rest of us. And of course marketing people are helpful - they are trying to sale you something that you do not need!

Currently, Stokes said, she has to drive her kids seven miles to a park in Huntsville, so she is looking forward to having more recreational opportunities closer to home.

Let's see, seven miles down a gradual hill to Huntsville or 5-8 miles up a steep grade to Powder Mountain. She lives next to Wolf Creek, so what other recreational opportunities are the 'white knights' of Powder Mountain promising her?

But Stokes said the protesters have been staging their demonstrations on that very road, and it appears to be safe enough to her.

A flat and wide portion of the road at the base of the mountain was the location of the protest. Does she not know that the road, by Powder Mountain's own admission, has a 13% grade, although reliable sources inside Powder Mountain have said the road is actually as steep as 22%.

To simplify for Powder Mountain's followers, that is 22 feet vertical rise (vertical means upright or up, in even simpler terms) for every 100 feet horizontally (run).

Powder Mountain has certainly found some ardent supporters.

The BOYCOTT begins now!

UPDATE: 8:30 AM

Wolf Creek resort has asked to "Opt Out" of Powder Mountain Town, as reported in today's Standard Examiner.

Also, be sure to attend the State Capital Tomorrow morning:

HB 164 and SB 25 to be heard 2-21-08

8AM

Room C450.

These are the 2 bills dealing with Powder Mt and other incorporation petitions.

Anyone is welcome to attend and voice concerns or support for these bills.

UPDATE @ 12:45 pm

We have our own "ardent supporters" at the Weber County Forum. Rudi and Co. has diligently helped to expose the plight of our future "Powderville" residents. Don't miss today's classic missive. Thanks Rudi!

Some encouraging news out of Wasatch County

Some encouraging news in this morning's Salt Lake Tribune and Deseret News.

The Wasatch County Council voted 4-3 to let a group of apartment residents out of the boundaries of the proposed town of
Hideout, thereby killing its incorporation.

It also voted 6-1 to table the incorporation of the proposed
town of Independence, after voting to let eight properties in the area
out of the town. The vote was tabled until next Wednesday to give the county time to ask the state to redo its population count for the town.

This may very well provide the ammunition some of "Powder Mountain's 100" (100 minimum residents required to incorporate) need to ask Weber County to "opt out" of the incorporation.

Now this is where the story takes a turn to the darkside.

Following the meeting, Wasatch County Attorney Thomas Low told the Deseret Morning News that he met last week with Utah Speaker of the House Greg Curtis, R-Sandy, and lobbyists from Hideout and the Utah Association of Counties concerning Hideout's annexation. Low was asked to tell the council not to delay the town's incorporation to ensure it wouldn't be stopped by a bill pending in the House that would change
incorporation law, he said.

Did you catch that? The speaker of the House and lobbyists attempted to strongarm Wasatch county by instructing them not to delay the town's incorporporation to ensure it would not be stopped by pending legislation, i.e. SB 25.

The tribune reported:

But Council Chairman Steve Farrell, who voted to reject, said the law is unclear. And, in an apparent reference to Utah House Speaker Greg Curtis, he expressed his belief that the county was being "blackmailed."

Back to the Deseret News,

Residents who knew of the meeting among Curtis, Hideout
officials and Low were perturbed at Wednesday's meeting.

"He came here and intimidated our county
attorney," said Wasatch resident Julia Connery. "It makes us
nervous."

It gets worse. Sadly, one of the main lobbyists for HB 466 and against SB 25, the bill to correct HB 466's inequities, is the Utah League of Cities and Towns.

One of the Utah League's lobbyists, Jodi Hoffman, just happens to also be an attorney representing the Independence incorporation.

On the topic, the Deseret News states:

Jodi Hoffman, an attorney for the Independence incorporation, said she helped
draft the controversial 2007 bill in her role as lobbyist for the Utah League of
Cities and Towns. She also said the league doesn't think her representing
Independence is a conflict of interest because, in part, the league never voted
to support the 2007 bill. Also, Hoffman said she didn't meet with the
Independence petitioners until months after the bill was signed into law.

Are you beginning to notice a common thread of corruption and conflicts of interest in our legislature? Hoffman wears the hat of lobbyist for the Utah League of Cities and Towns, but represents a developer attempting to use the flawed bill. Speaker of the House Curtis uses strongarm tactics to bully Wasatch County into hurrying along an incorporation petition.

To the north, Cache Valley Senator Lyle Hillyard supports HB 466 and also just happens to be a lawyer representing Powder Mountain. And Powder Mountain gets their girl, Jamie Lythgoe, on the Weber County Planning Commission. She incessantly denies any conflict, but when Powder Mountain bullies Weber County residents through incorporation, she is among the first to sign the petition for incorporation.


This is playing on both sides of the fence in its purest form.

Click here or on the signature button to sign the Petition.



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Ogden Valley Planning Commission Meeting tonight!

The OVPC meeting will be held this evening, and once again several important items are on the agenda.

A rock crusher is being proposed for the Trapper's Crossing Subdivision in Huntsville, and a zoning petition has been filed for property on the Old Snowbasin Road near Ski Lake Village.

Also, a Chair and Vice Chair will be elected.

Click here to see the agenda in its entirety, but be sure to attend this 4:30 PM meeting.

At a minimum, this meeting should prove entertaining as it is the first meeting since Planning Commissioner Jamie Lythgoe signed the petition of incorporation for Powder Mountain Town.

From the Standard Examiner, "Lythgoe, whose family founded Powder Mountain and sold most of their land to the current developers, stirred up a controversy when she refused to recuse herself while the OVPC considered the resort’s expansion plans. Even though about 200 acres of her family’s land was included in the resort proposal, she denied any conflict of interest. Eventually, she abstained from voting and her family’s property was removed from the plans.

Louis Cooper, chairman of the planning commission, said he was surprised by Lythgoe’s involvement. “It’s kind of interesting that she would be one of the petitioners,” he said. “But things change, and situations change, and maybe she decided things are different now.”

Lythgoe said she signed the petition to see how the plans would develop. She said it is too early to tell if she would run for mayor or town council. “I have a feeling of curiosity about what it all means,” she said.

Now let's see, she is a planning commissioner who denied any conflict of interest, but eventually recused herself from a vote, only after all other commissioners had voted affirmatively.

Now she signs a petition for incorporation, but doesn't know "what it all means?"

You cannot buy this kind of entertainment folks!

Powder Mountain’s immoral action

It is almost laughable that Mr. Arnold, one of the Powder Mountain owners, was quoted in today’s Std-Ex as saying he didn’t want to do anything immoral, but did exactly that. By using the recently adopted HB466, the Powder Mountain developers will bypass any oversight and controls by Weber County on planning and development. It doesn’t seem to matter at all to Powder Mountain that the people of Ogden Valley who will be most affected by the traffic and density changes, will have no say in the impact of those changes.

As it stands, HB466, originally intended to cut the red tape for the process of incorporating small Utah townships, has instead become an unintended mechanism allowing slick developers to thumb their noses at county zoning regulations. Such seems certainly the situation with respect to the now pending Powder Mountain municipal incorporation application, judging from the comments of Mr. Arnold noted today. The defects of HB466 have also caught the attention of at least a few legislators, and the Utah Association of Counties has made it a high priority to steer this legislation back to the legislative floor for remedial modification in order to bring Utah counties back into the municipal approval process.

The serious issue that Powder Mountain cannot resolve with this proposed incorporation is the road up to the resort. Anyone who currently uses that road is fully aware that the road is inadequate and dangerous for the projected resort traffic based on Powder Mountain’s own traffic study, and there is no easy resolution in sight for this traffic issue. In addition, the traffic increase on Ogden Valley roads will exceed anything the residents have ever experienced in the Valley’s history.

We should also reexamine the facts of conflict of interest regarding Jamie Lythgoe. This issue was brought before the OVPC last year but rejected based on Ms. Lythoge’s assurance that there was no conflict of interest. We wonder now how the other OVPC commissioners feel having been sandbagged by one of their own. She has now signed on as a petitioner to a scheme designed solely to subvert a reasoned decision of a commission of which she is a member! That is absolutely outrageous. It is clear now that she and her family stand to gain from this development. Accordingly, she has been actively engaged in support for the incorporation.

Your VCRD Staff

APPROVED!!!!

The Powder Mountain rezone was approved last evening with strong conditions (restrictions) for approval. From this morning's Standard, Marshall Thompson offers an overview.

Jamie Lythgoe ultimately abstained from the vote and Jim Banks was not present, but the other five commissioners voted in favor of the rezone.

Check back for a more detailed update, and be sure to read the comments below. What say you Ogden Valley?


UPDATE: 11:25 am

Blogmeister's NOTE:

We have tried in vein to find the home page for the Weber Fire District through Google and the Weber County Home page. If the district has a web site, it is not easily accessible. Long story short, we could not find an online version of the "Notice of public Hearing," but we did receive this email today.

* *The Weber Fire District is proposing to increase its property tax
revenue.

* If the proposed budget is approved, this would be an increase of
16.50% above the Weber Fire District property tax budgeted revenue
for the prior year.
* The Weber Fire District tax on a $265,000 residence would increase
from $163.82 to $169.16, which is $5.33 per year.
* The Weber Fire District tax on a $265,000 business would increase
from $297.86 to $307.56, which is $9.70 per year.

All concerned citizens are invited to public hearing on the tax increase.

*PUBLIC HEARING *
Date/Time: Tuesday, December 11, 2007 at 6:00 p.m.

Location: 2023 W. 1300 N., Farr West City, Utah

To obtain more information regarding the tax increase, citizens may
contact Weber Fire District at 801-782-3580.

Both Sides of the Conflict Coin

This lively debate over The Powder Mountain rezone conflict of interest issue provides an excellent opportunity for our members and all residents of Ogden Valley to weigh in with their thoughts and opinions to both the OVPC and Weber County Commissioners.

If you feel it was the responsibility of Ms. Lythgoe to investigate and disclose all Cobabe family holdings in and around the Powder Mountain rezone area when the rezone petition was initially put before the OVPC earlier this year, you should express your feelings to the County Commissioners via e-mail, telephone or letter.

Conversely, if you feel this conflict of interest perception is much ado about nothing and would not affect the final disposition of the rezone petition, inform the County Commissioners of your opinion in the same manner.

It should be stated here that despite the overheated rhetoric, the initial Conflict of Interest disclosure about the Cobabe property holdings did not initiate with any Ogden Valley resident, it was published first in the Salt Lake City Tribune by a Cache County reporter for the Trib and later picked up by the Standard Examiner.

Whatever your opinion, we encourage you to contact your OVPC and Weber County Commissioners and express your views.

The strength of any group of citizens is their collective voice on this kind of issue. We are confident that our Valley citizens are intelligent enough to to understand what is at stake with the Powder Mountain rezone petition.

"Speak Up for what you want, or take what you get!"


Your VCRD Staff

THE OTHER SIDE OF THE CONFLICT COIN

Blogmeister Note: Here is a Rebuttal to the Powder Mountain/OVPC conflict of interest situation, submitted by Frank Cumberland


How appropriate at Halloween that some folks in the Valley angrily roam the Ogden Valley Utah Forum Blog and (I am guessing) the Letters section of the Ogden Valley News like the crowd chasing Frankenstein’s monster, only this time the mob is chasing Ogden Valley Planning Commissioner Jamie Lythgoe for her alleged conflict of interest.

I am a member of the Valley Citizens for Responsible Development, but I disagree with the various accusations that Commissioner Lythgoe is somehow arrogantly—and dishonestly--refusing to recuse herself from debate and decision on the Powder Mountain rezone. I practiced law for twenty-five years and for each of those years volunteered my time to prosecute lawyers for infractions of the Code of Professional Responsibility, the majority of which infractions involved conflicts of interest. I also co-authored, with two other persons, the first Code of Ethics for the City of Olmsted Falls, Ohio, the nucleus of which was a conflict of interest provision which called for removal from office for its violation. It is fair to say that I recognize conflicts as well as anyone I know, and I dislike them as much as anyone I know.

Some things to consider:

Powder Mountain Rezone Tabled Again!

The Powder Mountain rezone petition was tabled again by the Ogden Valley Planning Commission at Tuesday's meeting. It was agreed that the rezone request will be heard on November 27, 2007, at 4:30PM.

Jamie Lythgoe, an OVPC Commissioner, belatedly provided disclosure of her family (Cobabe) holdings that include one-half of one percent of Western America Holding, the company requesting the rezone now before the OVPC, and 200+ acres of land adjacent to the rezone area. It is important to note that none of this family ownership information disclosed by Ms. Lythgoe Tuesday night was forthcoming until a newspaper article broke the story last week.

Representing the VCRD, I personally talked to Ms. Lythgoe in early September about the issue of Conflict of Interest at Powder Mountain. She told me that Ms. Hurtado, deputy County attorney, stated there was no conflict of interest with her being in the Real Estate business in the area. During this conversation, Ms. Lythgoe never disclosed the current holdings of the Cobabe family she later detailed at yesterday's OVPC meeting.

If there is any question whether the Cobabe holdings would appreciate in value with the rezone of almost 8,000 acres for a "World Class Resort" adjacent to their property, one needs only to look at what is happening all across Ogden Valley to property value assessments and taxes because of new adjacent developments.

The VCRD membership feels that the conflict of interest rule clearly applies on this issue. The Cobabe family owns one-half of one percent of the development area (almost 8000 acres) that will be impacted by the rezone request, and an additional 200+ acres adjacent to the rezone area.

Most of the OVPC Commissioners Tuesday appeared to have no problem with the conflict of interest issue for Ms. Lythgoe despite the fact that her family's holdings clearly fit the conflict of interest criteria as defined in the Planning Commission Procedures.

The Planning Commission Procedures, (Regarding Conflict of Interest) Part A reads:

"A Planning Commissioner to whom some private benefits may come as the result of a Planning Commission action should not be a participant in the action." Part 1 states "The Private benefit may be direct or indirect, create a material, personal gain or provide a distinct advantage to relations or to friends or to groups and associations which hold some of share of a person's loyalty."

The Commission Chairman, Louis Cooper and the Asst. County Attorney Allred were quoted in the Standard Examiner last week that they were under the impression that the Cobabe family had sold all of their interests at Powder Mountain. In addition, Monette Hurtado this morning is quoted regarding Ms. Lythgoe's disclosure as saying "As to her specific ownership, I don't know the details," and "She did disclose that her family sold all their land."

In summary, what we have here is a deputy County Attorney that admits not knowing all the details about Ms. Lythgoe's family ownership but is quoted as the source for the "No conflict of Interest" legal opinion by the OVPC Chairman Louis Cooper.

It is obvious and disappointing that the OVPC Commissioners are dominated by the deputy County attorney and are reluctant to challenge her opinion even when the facts regarding a conflict of interest hits them right between the eyes. We would remind the Commissioners that her job is legal advice for the County and they should not subordinate their independent judgment on a sensitive issue such as conflict of interest involving a fellow Commissioner when it could further undermine the public trust in government.

Our members question the reason that Ms. Lythgoe doggedly will not recuse herself on this Powder Mountain issue unless she has some long range stake in the outcome. As the OVPC Chairman pointed out, there are six other commissioners to address this rezone. The OVPC members have recused themselves in the recent past numerous times on conflict issues less egregious than the direct Cobabe family ownership of a property rezone now before the OVPC.

Your VCRD Staff

Commissioner Lythgoe denies conflict of interest and other news

The story we broke two days ago, made it to the Standard this morning in Marshall Thompson's "Commissioner Lythgoe denies conflict of interest." The article does not address the issue we reported that Cobabe's were in fact partners in Western America Holding, Co., the "new owners" of Powder Mountain as reported in the Salt Lake Tribune.

At any rate, be sure to sign the petition in our right side column opposing the rezone request. As we have stated, only one group will benefit from the rezone - the developers! Be sure to write the planning commissioners and attend this potentially precedent setting meeting on October 23,2007.

Lastly, we have added "Huntsville Election 2007" information to our right column and it will be updated in the upcoming days.

What say you Ogden Valley - Conflict or No Conflict?