By Myrna Trauntvein
Times-News Correspondent
The Blackhurst Dairy, being constructed on property
once belonging to Cary Peterson, in Dog Valley, is
well-underway but there are some items that Jim McWilliams
and his attorney, Milton Harmon, think should be a matter of
public record.
"Mr. McWilliams welcomes the dairy into the area where
his property is and supports the improvement and growth
which can come from that dairy," said Harmon in a letter he
presented to Juab County commissioners.
"On the other hand, his concerns must be monitored and
it appears that the county, in approving the dairy, has
approved some responsibility for doing that."
Harmon and McWilliams want the matters of concern,
voiced by McWilliams, to be a matter of public record and
want the official minutes of the commission to contain a
copy of the planning commission minutes along with an
attached letter to be included as an addition to the meeting
minutes of the commission for March 5, 2007.
Harmon said that there was no provision under county
ordinance for a conditional use permit to be issued for a
dairy.
McWilliams said that, when the owners of the diary
appeared before the planning commission, they said there
would be no foul odor created as a result of the dairy
operation.
"That is the way the county accepted it and that is
the way we expect it to be handled," said McWilliams.
Glenn Greenhalgh, county planning director, said the
owners of the Blackhurst dairy had told planning
commissioners that, even though all modern equipment and
operating plans would be used to eliminate odor, it was
still a dairy.
Harmon said that assuring the dairy met the county
requirements was the responsibility of more than one county
department. For example, any e-coli concern would be under
the jurisdiction of the county health department. Odor was a
county issue which commissioners would need to address.
"If it smells, it devalues my property and I will want
some justice," said McWilliams.
What would happen, asked Chad Winn, commissioner, if,
like at Kuhni's, there is an odor problem? What authority
would the county have? Would they just have the ability to
levy fines?
Val Jones, commission chairman, said that McWilliams
was on the planning commission when Kuhni's applied to build
their facility in Juab. After McWilliams, and others, made
the trip to a facility in another state, they were assured
that the plant could run odor-free.
McWilliams reminded the county that Kuhni's did have a
conditional use permit which gave commissioners the
authority to shut the plant down for non-compliance.
However, the dairy was not built under a conditional use
permit.
He would understand a little bit of odor coming from
the dairy but was not willing to have horrible odor just
across the street from his home.
At first, said McWilliams, the dairy was to be built
further away from his property. At that time the owners were
proposing buying all of the Peterson property and would have
built closer to the Peterson barn.
That fell through, he said. The dairy is being built
just off State Road 132.
"We are trying to build something to fall back on if
there are problems," said McWilliams. "That is why we want
our concerns to become part of the county and planning
commission records."
He wanted it understood that he had concerns long
before the dairy was built and had voiced those
concerns.
"We want those matters to be made a matter of public
record and feel that the official minutes of the Juab County
Commission should contain a copy of the planning commission
minutes (of Nov. 14, 2006) with the attached letter which
are enclosed," said Harmon.
The planning meeting minutes cover concerns regarding
the Blackhurst Dairy and the presentation relayed by
representatives of the dairy, the county and local
government agencies.
In addition, a letter from Harmon's office was to be
included in the county minutes.
Greenhalgh said the planning commission had included
the letter from Harmon as an addition to the minutes.
County commissioners determined to do the same and
agreed that the letter and the planning commission minutes
would be added at the end of the minutes for the commission
meeting.
One thing in their favor, said Jones, was that the
Blackhurst Dairy owners had built their homes on the dairy
property.
McWilliams said he hoped there were no problems with
the dairy and no reason for his property to be devalued as a
result.
"I hope they bring in many jobs and I hope that there
is no odor," he said. "If there is I want something to fall
back on."
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