At their first meeting, two new Snyderville Basin Planning Commissioners participated in a review of the development code that made clear their appointments may not have been constitutional.
Michael Franklin and Annette Velarde were recently appointed by the Summit County Council to replace members of the commission whose terms had expired.
At the commission’s regular Tuesday meeting at the Sheldon Richins Building, Summit County Planner Jennifer Strader asked the board to approve an amendment to the development code clarifying that their appointments are supposed to be made by the county manager.
Council chair Claudia McMullen said the council was in compliance with the two most recent appointments because after they conducted interviews and made a recommendation, County Manager Bob Jasper made the appointments.
Utah State Code requires county managers in counties using the council form of government to appoint planning commissioners with the consent of the council. It is designated a function of the executive branch, explained Deputy County Attorney Jami Brackin.
In 2008, Summit County residents elected to change from a commission to a council form of government. The mistake with the board appointments was pointed out recently, and the council has been reluctant to relinquish this responsibility, Brackin said.
Before Jan. 1, 2012, the council must combine the East Side and Basin planning commissions into one body or arrange for three members of each body to be elected by the public. Whatever is decided, county manager Bob Jasper will appoint new members with the consent of the council when it needs to be done.
The clarification about who appoints commissioners should be approved prior to that, Brackin said.
A handful of Basin residents in attendance at the Tuesday meeting to comment on another issue were alarmed by this information.
Chris Hague said it was too much power in the hands of a single person. Art Lang said he was uncomfortable with an appointed, not elected, official making those decisions. Former county staff person Max Greenhalgh said he would never have voted for the change in government had he understood this at the time.
Several commissioners said they were uncomfortable with the idea and Julie Hooker, the commission’s new chair, said she worried about government transparency in the new process.
“I don’t disagree,” Brackin said. “But that’s what we have.”
The commission voted to “table” the amendments to the development code until they could be sure of the constitutional requirement.