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Asphalt plant told to pack up operations

Alpine Paving has until May 13 to comply with council's about-face orders

Cheakamus Crossing residents are breathing a sigh of relief.

After close to two years of protesting the fact that the asphalt plant on the fringe of their neighbourhood was operating without proper zoning they learned last night that Whistler Council had told the plant it had to move.

The order to leave the area, where Alpine has been operating since the mid 1990s, was sent in a letter from Resort Municipality of Whistler lawyers Lidstone and Company on April 11.

Council, in a complete about-face of its direction to date, stated in the letter that operations must cease by May 13 because "the operation of the asphalt plant ... on the Site is contrary to the applicable zoning enactment."

For resident Sebastian Fremont, who moved into his new home in the fall, that news means there's "a light at the end of the tunnel."

"I know personally that I was nervous about what was going to happen this spring," he said, referring to when the plant would be up and running again after the winter.

"It comes as a little bit of a surprise but at the same time, (I'm) super happy."

If Alpine Paving does not comply with the request, council will consider all the enforcement powers at its disposal.

That position flies in the face of council's earlier position that, based on legal opinions, Whistler could be sued if it shut down the long-operating plant or forced it to move.

When asked after the meeting what he would say to the wider community of Whistler, all of whom have been told for the last year and a half that they could be on the hook in a lawsuit, the mayor said: "That possibility remains."

He later added:

"I suppose it's safe to say we're moving into uncharted territory."

Alpine Paving's owner Frank Silveri has acknowledged the order to stop operations, said the mayor.

"We're waiting confirmation of his position in response to the cease and desist," he added.

Pique was unable to reach Silveri fro comment by deadline.

Tim Koshul, the spokesperson for the No Asphalt Plant (NAP) group, dismissed the possibility of losing in court if it ever makes it that far. To Koshul, who has painstakingly delved into every nook and cranny of this case, the issue is black and white: Alpine Paving does not have the required zoning to operate.

"(I'm) ecstatic," said Koshul of council's decision.

"It's been a long year and a half of fact checking.

"I'm glad to see the democratic process work."

Koshul, among others, was part of the squeaky wheel at municipal hall that continually asked tough questions surrounding the history of the plant and why it could or should be allowed to operate without zoning.

Tuesday's council meeting was one of the first he's missed in his year and a half fight. But as soon as he got the phone call at home about the announcement, even the Canucks playing Game Four in Round One of the Stanley Cup playoffs couldn't keep him away from the council meeting. He rushed to the meeting in his jersey and Canucks cap.

"It's been a happy day all around for me," he said, for though the Canucks lost, Koshul has tickets to Game Five.

"It's not easy to fight city hall."

He specifically called out those members of council who voted to change direction.

"It can't be easy to go against the status quo," he said.

It's not clear who on council changed their mind or why.

Despite the public position that the file on the asphalt plant was closed, that it would be operating at Cheakamus Crossing in an updated facility, debate continued at the closed-door meetings.

Perhaps the first public sign of dissension in the council ranks was apparent at the last meeting when Councillors Ralph Forsyth, Eckhard Zeidler, Ted Milner and Grant Lamont voted to defer a decision to award Alpine Paving the 2011 municipal road works contract, worth more than $400,000.

"Who voted and how they voted is not to be released," said the mayor after the meeting. "That remains confidential."

Though it is not clear how they voted, what is clear is the toll this issue has taken on council.

It has been one of the most challenging issues of its term.

Obvious tension spilled over after the council meeting.

While being interviewed then, the mayor answered questions about the legal opinions that initially formed council's direction.

"I believe I'm on record as saying that all of the legal opinions recommended against going to court," he said.

He was asked if there were specifically three legal opinions.

"There were three," he confirmed.

Councillor Ted Milner, overhearing the interview, said:

"That's not what I read. I don't think you should be talking about that."

The mayor replied:

"I'm just repeating what I'm on record as saying previously Ted."

More information will be forthcoming on the May 13 deadline and details surrounding council's decisions could also be released.

"We are exploring items of the history and the decision that can be released to the public, to the community," said the mayor.

In the meantime, council awaits word from Alpine Paving.

Council's lawyer has also advised the company that municipal staff would discuss potential alternative sites.

The 2011 municipal road works contract, which Alpine Paving was the only company to bid on, was removed from the council agenda. It is not clear who will do that work this year.