A movement by residents to stop a landfill in Fairfield may be moot.

Town Council members recently voted 4-1 to rezone 320 acres of agricultural land to allow construction of a landfill for municipal garbage. Infuriated by the move, a group of residents from this town of 134 people has successfully petitioned for a referendum vote that could potentially overturn the rezone decision.

Problem is, the vote can't happen until 2009.

"We're hoping to stop the re-zoning and put it on the ballot to let the people decide," said Faby Gutierrez, one of the referendum's sponsors.

Town recorder Courtney Soffel said that the referendum petition met the requirement of being filed within 45 days after the zoning ordinance was passed, but missed the July 7 deadline to be on the Nov. 6 ballot. The next municipal election is in 2009. Soffel will now submit the referendum petition to the Utah County Elections Office for verification. Each signer must be registered to vote in the town and must have lived in Fairfield for at least one year.

In an interview with the Daily Herald, Mayor Lynn Gillies said that because the landfill has been approved, the property owner may legally begin construction.

Property owner David Johnston told the Daily Herald that he is now choosing an engineering firm for the project, which could begin construction in six months, referendum notwithstanding.

Gillies said while he appreciates the voice of concerned residents, the town must have a tax base and the landfill, which is "three miles from any homes," would bring in much-needed income for the town.

"It is not stopping anything," he said of the referendum. "The Town Council has approved the zoning change and that makes it law, and that remains the law until it is changed. The Town Council knows what is best for the town. We have got to be solvent. If we had one fire, we would be bankrupt."

Gillies said he does not want the landfill either, "but if we are smart we will take a bad thing and turn it into a good thing."

The landfill is the town's best prospect for income, Gillies said, noting a Wal-Mart or other business is very unlikely, and with the landfill taxes, residents could see a tax cut.

Without the business, the town could be forced to raise taxes so high "no one could afford to live here," he said.

In negotiations, the landfill owner has agreed to pay the town money toward road maintenance, an expense the town cannot now afford, and also will pay the town $1 per ton, potentially bringing in tens of thousands of dollars annually. The income would help build parks and pay bills, he said.

In addition, if Johnston feels the town does not want him or the landfill, Johnston could easily de-annex into the county, where the landfill would likely receive easy approval in the same spot, but the town would then have no control of it or receive any income, Gillies said. The town would rather be able to regulate the landfill and bring in tax money from the business.

Caleb Warnock can be reached at 443-3263 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it