11/12/1986 Meeting (2) - Laserfiche WebLink

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Mr. Gleason said a 120-day delay would permit an analysis of the constitutional issues and the legal risks in the ordinance. e Answering questions from Mayor Obie, Mr. Sercombe said seeking applicants for the Nuclear Free Zone Board would not raise legal risks but enforcement of some parts of the ordinance would raise constitutional issues. He said the constitutional issues involve the effect of the ordinance on private business. Replying to questions from Ms. Wooten, Mr. Sercombe said the courts have declared restrictions on the transportation of nuclear wastes to be unconstitutional. Many other parts of the ordinance have not been tested in the courts. He said he is concerned about the policy-making and administrative authority of the Nuclear Free Zone Board. He said a board authorized by a Eugene ordinance would have to be a board of the City. Mr. Holmer said he would not want to delay implementation of the ordinance or disempower the Nuclear Free Zone Board. He said a 60-day delay would be suffi ci ent and it could begin, in his opinion, when the results of the November 4 election are proclaimed. Mayor Obie suggested a 75-day delay in appointing the board. Mr. Hansen said the ordinance raises many issues. He said applicants for the Nuclear Free Zone Board should know what thei r legal 1 iabil ities are. Replying to his questions, Mr. Sercombe said the City probably would have to amend its insurance policies to extend coverage to members of the Nuclear Free Zone Board. He said EWEB provides insurance for its board members. e Mr. Rutan said the legal issues are so broad that some people probably would not apply for positions on the Nuclear Free Zone Board if the legal issues are not resolved. He said a 120-day delay is prudent. Mayor Obie agreed with Mr. Rutan. Mr. Mi 11 er sa i d the council should indicate that it will implement the ordinance with dispatch. He said changes the council makes in the ordinance should be legal and substantive. He said citizens may have to vote on some of the changes and be informed about the costs of implementing the ordinance. Mr. Holmer said he is reluctant to make substantive changes in the ordinance unless those changes are approved by the voters. Ms. Schue said it would not be in the City's best interest to have issues raised by the ordinance settled in the courts. She said the council should remove the flaws from the ordinance and then implement it because the voters approved it. She suggested the council wait for a definitive legal analysis and then appoint a subcommittee to suggest changes. Ms. Wooten said the 120-day delay will provide time for a legal opinion and time to obtain participation from the supporters of the ordinance. She said she would like an opinion from the City Attorney about Sections 2 (b), 5, and 6. She said she would like a subcommittee to address limits to the authority of the Nuclear Free Zone Board. e MINUTES--Eugene City Council November 12, 1986 Page 5