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Show ee ee ea ye ae ee NG eee + io anne e St ery "iets ae 13, 2000 WASATCH COUNTY COURIER AS © Smedley told — tabled ‘a decision on the plant. In Bingelli’s lead attorney, Bruce Baird, October, the board put off a decision CONTINUED FROM A1 requested that board member Annie after attorneys representing Daniel resMcMullen be excluded from the hearidents submitted lengthy documents in and Gravel to build the plant on land ing because of apparent negative public - support of their case. The board gave adjacent to the company’s quarry off Bingelli’s attorneys 11 days to respond, . U.S. 189. The Board of Adjustment is comments she made about the asphalt plant. While Smedley said there was — but the November meeting was post-. the latest stop in the company’s ongonot sufficient reason to exclude. poned until last week to give board ing attempts to get approval for the McMullen, she ended up recussing members enough time to read the - plant. Earlier this year, the Wasatch herself because of “public perception” reams of documents submitted by County Commission , that she might Bingelli’s attorneys. refused to overturn a_ not be openTwo complicated issues sit at the - decision by the Daniel minded. But center of the controversy. The first is Planning Commission she did not whether mixing asphalt falls into the blocking the plant. ‘step down withcategory of processing or manufacturAt. last week’s meet-. out taking a ing. Under county code, processing is ing, the board’s chair, parting shot.. allowed on land zoned G-1 (grazing), John Lloyd, expressed She said that in but not manufacturing. Binggelli has questions,” frustration over the ‘previous meetargued that it’s a process making an reams of legal briefs filed ings she asked ‘asphalt plant legal since the land is ANNNIE MCMULLEN on both sides in the con“hard - line already zoned G-1. Residents opposing Board Member troversy and the amount | questions” that of time it was_ taking might hae intimated Bingelli’ S supreach a decision. the plant say that since asphalt plants are expressly required to be in [1 (industrial) zones, they may not be permitted 1 in other zones. The second issue centers on socalled CC&Rs for the plant: The Daniel Planning Commission approved a set of ASPHALT “That’s our job. To get to the truth is to ask hard line “This has gotten totally out of hand. This has turned into a law case,” said Lloyd, suggesting that the matter should be settled in court: Before turning the meeting over to co-chair Mark Smedley, Lloyd explained that the conflict of interest that caused him to recuse himself from the board’s October meeting had been settled. Lloyd -felt he could vote on the matter, but was turning the matter over to Smedley since he chaired the October meeting. Smedley later forced Lloyd to recuse himself anyway since McQuarrie. Smedley called Lloyd’s presence on the board “a risk to the _board’s decision” if he were to remain. “Additionally, it’s troublesome, even though you've read all the documents, that you missed the last meeting,” conditions, covenants and restrictions for the plant in 1997 that expressly forbid an asphalt plant. However, the CC&Rs were not signed by the chair of | the planning commission or recorded with the county until 1999. When they were, the stipulation barring asphalt plants had been removed. The County Commission rejected | | Bingelli’ Ss proposal in May after dozens of Daniel residents expressed concern over noise, pollution and impacts on _ land values at a public hearing. porters. “If that’s the case, then I wanit to say - get over it. That’s our job. To get to the truth is to ask hard line questions,’ ” said McMullen. With McMullen and Lloyd stepping down, the board’s remaining three members were not enough for a quo- rum. The board eventually set a tenta- | tive date for Dec. 21 at 6 p.m. That date, ‘however, is contingent on the board’s — VALLEY KUBOTA ‘NEED A GIFT IDEA? alternative member being hae to attend the meeting. Smedley said in a phone interview the next day that he sympathized with Wrap up one of these babies and put it under the tree. Lloyd’s frustration over what the case _ was turning into. He added, however, that the Board of Adjustment was the last recourse for Bingelli before the courts. “This will becbetly be in court no matter what we decide,” he said. 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