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, 44 V w ESCALON TIMES,Wednesday,June 8, 1988-A-11 Compla 'ints ra 'isedauct'ion yard - (FROM PAGE A-1) agricultural to single family residen- always abide by the few of operation. "There are 50 to 100 cattle a day 1989. Because a disagreement still exists tial for four years,or July of 1989. restrictions." The agreement states that the auc- there, seven days a week," Benson "Ordinary citizens are entitled to a between Machado and his neighbors, Because it takes approximately In the agreement,Machado agrees tion yard's hours of operation of said, noting the auction yard has decent night's sleep and clean air to city manager Jack Storne offered a two years before the rezoning pro to have manure hauled away at least business will be limited from 8 a.m. become a livestock feed yard. breathe," Bunch said. possible solution. cess is completed, Machado would to 5 p.m., Mondays through Fridays, Bunch pointed out the agreement Machado said he has complied with He asked Machado if he would have, in effect, until about July of once every other week,except during with a couple of exceptions. states that any breach of any of the the agreement. He said he has 1991 before he had to relocate. those periods of the year when the When weekly Wednesday night or provisions constitutes a breach of the sprayed for flies. He planted trees to agree to set up with the city's code While the agreement talked about manure is wet because of rainy the once-a-month Monday night auc- entire agreement. If Machado try and contain the dust. enforcement officer a regular the "grace period," Benson and Feather. tion sales are conducted, the actual breaches the agreement, the city is schedule, by which the city official Bunch argued the agreement is not Bunch asked about if fog were the aution may continue until 10 p.m. supposed to notify Machado of the in- Machado said sometimes a truck routinely could inspect the auction specific. cause of wet manure, and would During those Wednesday and Mon- fraction. may unload early in the morning,but yard to see that fly spray is being us- "There's really no time limit," Machado be required to haul it away day night auction sales, truck traffic that is a rare case. In one instance, ed and manure and carcasses of dead Machado is then Benson argued, stating the agree- within a week's time,or could he wait into and out of the premises on the ll be given five he noted a truck had arrived after 42 animals are being picked up. days to correct the alleged breach.If hours on the road, and as a humane ment does not specifically say the ci- for dry weather. following day is restricted to no later Machado agreed. ty will initiate rezoning procedures "We really object to the odor in the than 2 a.m. he doesn't, the city has the option to gesture, he had the cattle unloaded, Storne also asked the residents if terminate the agreement and begin fed and watered. the would be willing to contact the after four years has expired since the wintertime,"Bunch said. Y g agreement was signed. In the agreement, Machado also In other words, there is no truck rezoning procedures without waiting traffic allowed between the hours of the full four years. Machado said he plans to relocate_ city any time they had a complaint Benson said the agreement states agrees to apply fly bait. "The flies 2-6 a.m. on Thursdays following the auction yard before the time about excessive noises outside of the only that the city will not initiate pro are not controlled,"Bunch charged. Wednesday sales, or on Tuesdays „I ask that the city enforce all stipulated in the agreement. �iours of operation, instead of letting ceeding before four years. Verigin also complained about the parts of the agreement,' Bunch said, Councilmember David Ennis said eir frustrations build. "I agree it's full of loopholes," unusual number of flies apparently following a Monday sale. specifically the part pertaining to the a tenative sight already has been Once complaints are filed, city said. "It's loosely worded.It's generated by the auction yard. He Bunch stated the four-hour respite breach of contract. identified. police officers can go check out the noted he runs a dentist office in the isn't enough. "That's so lenient, that She urged the City Council to con- Ennis also took exception to the alleged violation and file a report. also complained about other vicinity and the flies are a nuisance. it's a joke." sider legal proceedings if Machado charges.that the agreement is too le- "Will you work with us here on out of the agreement, noting it Bunch and Benson particularly Early morning trucks arriving or does not comply with the agreement. .nient. The city has everyintention to to help control this?" Storne asked. �e viewed two different ways. argued that Machado is not following leaving aren't the only thing that has She also urged the city to proceed initiate rezoning proceedings beginn- No action was taken by the City owner (Machado) doesn't the agreement,as it pertains to hours disturhed c rnP residents. with the rezoning change in July of ing in July of 1989,he said. Council at Monday's meeting.