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Show _PAGES5 ea Beaver County Monitor ao eons GEE & LOVELESS “Prison Corrie Attorneys at Law ‘ > . CLAYTON |. PARAL STEVEN }. CHRISTIANSEN CLARK WADDOUPS RICHARDG. BROWN | DAMID E. Gan SCOTT W. LOVELESS PATRICIAW. CHRISTENSEN ROBERT B. LOCHHEAD SCOTT F. YOUNG VICTORA TAYLOR RONALD G. AUESELL ROGER D. HENRIKSEN BRIAN ). ROMRIELL HINDI EC. LEETHEAD GARY A. DODGE ROBERT S, CLARK ALAN R ANDERSEN KENT H. COLLINS JOHN +4. STEPHEN DANIEL A BRIAN G. MICHABLM. LATER JEFFREY J. HUNT D, MATTHEW DOBNY JONATHAN 0. HAFEN MARIA WAGNER ROBERT A. MCCONNELL SENTLEY). TOLK STEPHEN M. SARGENT BURKE EW. HALE JENSEN LLOYD TERRYE. WELCH CHARLES L MAAK BRUCE A MAAK ae ORENT M. STEVENSON D. CRAIG PARRY ERIC W. PEARSON BRYAN T. ALLEN BRETT J. SWANSON GREGORY MESS CAROLYN 8. MCHUGH OF COUNSEL STEVEN E. HUGIE : JANUARY 15, 1998... The advertisement falsely states that the Facility does not use lagoon liners or uses (4) "cheap" liners which allows hog manure to leach into the water table. In fact, all of the waste treatment lagoons at the Facility contain liners, all such liners are "state of the art,” and meet or exceed the minimum requirements imposed by the State of Utah. Moreover, as stated previously, in three years of monitoring, there has never been the slightest indication of leakage in the liner system. The advertisement falsely implies that the State of Utah disregards the health and (5) safety of its residents by not requiring liners in waste treatment lagoons. Infact, the State of Utah spent eighteen months developing stringent regulations before issuing Circle Four’s first permit. Circle Four’s partners gave Utah’s Division of Water Quality advance notice of their intent to develop facilities. The Division of Water Quality used this time to develop some of January 6, 1998 For instance, the State of Utah requires that the toughest regulations in the United States. lagoons contain liners that are 10 times less permeable than the liners for municipal waste water treatment systems. In addition, the State requires that facilities be monitored for constituents that would indicate leakage. Jac Adams J. Smada PaRR WADDOUPS BROWN GEE & LOVELESS ADAMS ENGINEERING CORPORATION January 6, 1998 Page 3 1098 Clara Court Dubuque, Iowa 52001-7304 . Re: Dear Messrs. Defamatory Advertisement in Beaver County Monitor Adams and Smada: I represent Circle Four Farms. This letter concerns the attached advertisement placed by Adams Engineering in the January 1, 1998 edition of the Beaver County Monitor. The advertisement contains numerous false and defamatory statements concerning Circle Four Farms which have caused and will continue to cause damage and injury to Circle Four. By this letter, Circle Four hereby demands that you and Adams Engineering cause to be published in the next edition of the Beaver County Monitor or another comparable forum a full and complete retraction of the false and defamatory statements contained in the advertisement. By copy of this letter to the Editor of the Beaver County Monitor, Circle Four also hereby demands that the Monitor similarly publish such a retraction and issue an apology to Circle Four Farms for publishing the false and defamatory advertisement. at The false and defamatory statements contained in the advertisement, for which retraction is hereby demanded, include, but are not limited to the following: (6) The advertisement falsely states that in all likelihood, the culinary water wells in Beaver County already have been contaminated with manure laden pathogens and bacteria from the Facility. As you undoubtedly know, there is absolutely no factual basis for this false and irresponsible assertion. In fact, trained hydrologists familiar with the Escalante aquifer all agree that if there were a. leak, which there is not, the effluent would only move approximately 30 feet per year. The closest fresh water wells to the waste treatment facilities belong to Circle Four. The closest. drinking water wells that do not belong to Circle Four are more than two miles away. Thus, if there were a breach of liner integrity, the Circle Four water wells would be the first to be contaminated. Circle Four’s viability as a business relies on a continuous and adequate supply of pure water. If it fouls the supply, it is out of business. It is obvious that your publication of such false, irresponsible and defamatory. statements is retaliation for your failed attempt to sell Circle Four a competing hog manure treatment system for use at the Facility. Rob Adams responded to Jac Adams’ contacts with Milford City and Circle Four. Rob Adams asked that Jac Adams work directly with Circle Four and submit a proposal to it. Rather than wait for Circle Four’s response to your proposal, you have opted to place an advertisement in the local newspaper defaming Circle Four and its operations. - In addition.to publishing such false and defamatory statements, you have intentionally and tortiously interfered with Circle Four’s existing and prospective business relations. Your defamatory advertisement has caused injury to Circle Four’s business reputation and threatened 185 South State Street + Suite 1300 - Salt Lake City, Utah 84111-1536 Telephone (801) 532-7840 + Facsimile (801) 532-7750 + e-mail: info@pwlaw.com Park WADDOUPS BROWN GEE & LOVELESS its existing and prospective operations in Utah. Adams personally liable\for such damages. Engineering and each of you are oe Circle Four will not sit idly by while you publish such garbage about it. The law does not permit you to publish such falsehoods with impunity. Circle Four will assert its legal rights to protect its reputation and ability to conduct business. January 6, 1998 Page 2 Sincerely, { q) __59»PARR,WADDOUPS, BROWN, GEE & LOVELESS) 4 j a) The advertisement falsely states that hog manure from the Circle Four Farms hog d, Utah (the "Facility”), will contaminate or already has cofitaminated the water sup Beaver County. In fact, not a shred of evidence or support confinement facility near Mi exists for such a false and irresponsible assertion. In the more than three years that the Circle Four waste treatment lagoons have been monitored, there has been no indication of leakage in the liner systems and there is no present indication of contamination of the water supply. (2) The advertisement falsely states that the Facility will contaminate the drinking water in Beaver County and cause outbreaks of cholera, diphtheria, typhoid fever, hepatitis A i and E:coli illnesses and diseases. Infact, as previously, stated, there is not a shred of evidence that such contamination has occurred or will occur. Moreover, there is no evidence that humans Pann WaDDOUPS BROWN GEE & LOVELESS can contract cholera, diphtheria, typhoid fever or pathogenic E:coli from hog manure nor have any of those diseases ever been linked with hog manure treatment facilities. January 6, 1998 . Page4 (3) The advertisement falsely states that the principals of Circle Four Farms have "stopped" by regulatory authorities in Mississippi, North Carolina, Kentucky and Iowa due to alleged “disregard” for the public health impacts of their hog confinement facilities. In fact, no regulatory authority has "stopped" the existing operations of any Circle Four partner in any of these states. Contrary to your false assertion, Circle Four partners continue to operate safe and successful facilities in Mississippi, North Carolina and lowa. Moreover, no Circle Four partner JJH:kim Enclosure cc: Alice Smith, Beaver County Monitor (via telecopier & first-class mail) ‘Rob Adams (via telecopier & first-class mail) has operations in Kentucky. Milford City Council Minutes (Continued from page 4) was instructed to contact Jones and DeMille Engineering to clarify items of the agreement on limitations of liability before mailing. Attorney Leo Kanell stated that normally the cost of the engineers insurance would be the liability figure and asked that the amount of the insurance be filled in instead of the rate of $10,000.00. He stated concerns that the City would contract the right to recover from their insurance. Councilman Mark Dotson stated that insurance will not cover incorrect engineering mistakes to some extent as it pertains to bad professional information. — City Manager Nedra Kennedy stated that as soon as the agreement was signed the final engineering would be completed then bids be advertised. Architectural A: ent- Milfor Office Renovation Councilman Doug Garrett made a motion to authorize Mayor Wiseman to sign the agreement for architectural services for the renovation of the office building, Councilman Mark Dotson seconded the motion, all were in favor. Departmental Appointments | Mayor Mary Wiseman presented her recommendations for departmental appointments and are as follows: Library, Law Enforcement, Beautification - Mary Wiseman, Airport, Public Safety, Building and Equipment - Nolan Davis, Cemetery - Junior Davis, Industrial Park Board Water, Sewer, - Mark Dotson, Zoning Committee, Streets Doug Garrett, Golf Course, Parks and Recreation, Swimming Pool Russell Smith, City Recorder/City Manager - Nedra Kennedy, City Treasurer/Zoning Administrator Arden Fowles, Assistant City Treasurer/Secretary Kathy Bedingfield, City Attorney - Leo Kanell, City Engineer - B.J. Moore, City Health Inspector - Bradley Spaulding, City Tree Board - Lani Stillwell - Chairman, D.A. Symond, Arden Fowles. Councilman Nolan Davis made a motion to accept the appointments recommended by Mayor Wiseman, Councilman Mark Dotson seconded the motion, all were in favor. 1 Bids - Offi ildin Councilman Junior Davis made a motion to accept the bid of $49.00 - per.ton presented from Steve Gale ‘for coal in the office building, Councilman Nolan Davis seconded St ommen * City Engineer B. J. Moore requested an update on improvements being made to the City and building permits which were issued. He suggested not allowing building permits until all improvements had been made to the subdivisions as per the Subdivision Ordinance. *City Engineer B. J. Moore requested approval to attend the first Council meeting of each month in order to get guidance on project he should be devoting his time to. Council agreed that one meeting per month would be sufficient * City Engineer B. J. Moore asked Council for their recommendations on the prioritization of projects he will be working on. The Council members stated they would be needing the Construction Standards for the City Ordinances and asked that would be priority. Mr. Moore stating he will be completing the mapping of the City and adding the newest construction. favor. * Mayor Mary Wiseman stated that Foreman Ray Whiting stated the pipes in the building would need to be re-wrapped in order to save on heating costs. contrary to the articles in the newspaper, she is not going to resign her position as Mayor and is in the motion; umber Building all Bi were : in olf Course Councilman Nolan Davis made a motion to approve the low bid at the cost of $1,122.77 from Cedar Valley Lumber for the Golf Course Building, Councilman Doug Garrett seconded the motion, all were in favor. perfect health. * Councilman .Mark Dotson requested the progress of the drainage along 700 West. City Manager Nedra Kennedy stated she had send a letter to the LDS Church officials and copied Larry Shurtliff confirming the City's position of responsibility of the curb, gutter and sidewalk. Attorney Leo Kanell stated the City needs to look at the area as a whole to determine the development and drainage before the Westview Subdivision is approved. * Councilman Doug Garrett presented a Disclosure Conflict of Interest Statement due to his employment and relationship with © Circle Four Farms. As there was no further business, the meeting adjourned at approximately 8:44 p.m. These minutes will be presented for approval at the next regularly scheduled meeting. Until such time, they are considered unofficial. Take Charge of Your Money Beginning January 22, 1998, the USU Extension Service will offer AARP’s “Take Charge : ~ Nominations Sought For Huntsman Awards The Huntsman Awards for Excellence in Education program is accepting nominations for the 1998 awards, which will honor eleven individuals from Utah public schools who have made significant contributions to education. Each will receive a $10,000 cash award to use as they choose. The honors will go to two teachers in each of the grade levels elementary, junior middle and high school. Three principals, one at each level, will also be recognized. The final two awards will go to an outstanding volunteer and a public school system employee. Nominations will be accepted from any Utah citizen and a board of judges will select the finalists. Winners will be honored at « an awards ceremony in Salt Lake City. The Jon M. Huntsman family sponsors the awards, in cooperation with the Utah State Board of Education. For information and to obtain nomination forms, contact your local school or call 532-5200. The deadline by which nominations must be received is 5:00 p.m. on Friday, February 27th, and winners will be announced forty-five days later. of Your Money,” a seven week financial management program. The workshops will be. conducted afternoons on Thursday in Minersville from Retirement Representative The Field Representative for Utah Retirement Systems, Virginia “Ginny” Affleck, will be in Beaver City at the Beaver Thursday evening in Beaver at |City Office on January 22nd from 10:30 until 4:00. You may the Courthouse from 7:00 to 9:00 stop by at your convenience. The representative can essentially 1:00 to 3:00 p.m. in the library. They will also be conducted each P.M. Contact USU Service (438-6452) Extension for more information and to reserve your spot. handle all functions of the main office. — J) |