08/11/1969 Meeting - Laserfiche WebLink

Home Browse Search

I ~ AI n 8~ e U(~. 'f _ _ _ - - --- -.~ _ ., --- ---, .-----.-c.. .---.--~---.=-c~~==c~~:.====,~LJ:J/J>J=~_c===o_:=__==__o - - - _. - - ~ ~. - - - "' . .,.. - - -.. .~- , ~ - - -. - I " new legislation by working with the Lane County delegation and through them contact legislative leadership and committees primarily concerned with the air pollution problem (Mayor Anderson commented on the Governor's cooperation in asking for the voluntary ban; he also said he would support Senator Ed Fadeley's call for a special sessi~n of ~he Legislature to deal with the problem); (4) examine possibility for relief through the courts; (5) enact restrictive measures banning outdoor- trash burning in the City by ordinance; providing penalties for violation, to strengthen the City's position in seeking elimination of field burning; and (6) initiate new action program to implement greater public awareness of the problem involving the entire community. He urged greater participation by those catering to tourists, merchants, property management people, University summer school, etc., getting firm commitments with no deviation from the objective. The Mayor asked Council~oman Beal to assume the responsibility, with staff help, of devising a program to coordinate organized citi~n effort to bring I about results sought. I Mrs. Hayward moved seconded by 'Mr. Gribskov 'to adopt a resolution seeking complete I elimination of open f.ield burning, including slash, trash, and land clearing burning, e in the Willamette Valley air shed . I Councilwoman Beal suggested requesting agencies issuing permits for field burning to publish the names of those receiving permits, type of burning, and acreage burned, as a deterrent to the present condition. She also suggested exploring the possibility of- engaging expert counsel on this type of legislation to determine whether court action would be successful, and that the Council sponsor a petition signed by Eugene citizens I supporting institution of legal action by the Council with. an attachment whereby they could subscribe some small amount to defray expenses. Some discussion took place with regard to seeking a ban on slash burning and require- ments under Federal-timber contracts for such burning. The Director of the Lane Reg- ional Air Pollution Authority read resumes of H.B. 1228 and S.B. 168 concerning open burning on agricultural and forest lands, and said the Regional Authority has no legal jurisdiction or enforcement facilities for these two areas. I A vote was taken on the motion as stated, and motion carried unanimously. Councilwoman Beal asked the Council to adopt a resolution sponsoring a petition request- ing the City to seek court action, the petition to carry an attachment explaining the City's lack of funds, and seeking subscription of small amounts - probably $1.00 _ to be collected when needed for legal fees. It was agreed to await a report previously requested from the City Attorney with regard to implications of present State law. Councilman Purdy said he felt State and Federal funds should be provided for research to discover methods other than burning to help the seed industry, that the seed growers J I should be given assistance if burning is outlawed. It was determined that a total of about $300,000 has been made available for this purpose. I The proposed ban on back yard trash burning was discussed, considering possible alter- natives for disposing of trash and expense involved should the City attempt this I service. Councilwoman Hayward distributed copies of ,a letter from Orval Etter of the office of Local Government Research and Consultation suggesting a partial ban only, or if an absolute ban, then provision of equipment to mulch yard debris. The City Manager said a major 'expenditure would be involved- in use of present equipment, based on exper- ience of leaf pickup only. Mrs. Hayward commented on the possibility in the budget' I process of establishing fees to be paid by citizens for this type of service. I The ,City Attorney said legislation would be presented to the Council at its August ~ 11, 1969 meeting, which would ban open burning in the City. Mrs. Hayward moved seconded by Mrs. Beal to adopt a resolution urging all other govern- mental jurisdictions in the metropolitan area, especially Lane County, to enact the same type legislation banning open burning in the metropolitan area. Motion carried. It was pointed out that under the Regional ~uthority open burning restrictions were I imposed to be effective January 1, 1971. Discuss.ion continued on i~suance of permits and areas of responsibility for enforcement of regulations - State Police and Air Authority. The City Attorney introduced Paul Speck, law student from the University of Oregon, who has worked with the Attorney's office in researching Oregon law with regard to field burning. The City Attorney said because the law is vague and becuase of the complexity I of the problem, considerable research will be-necessary to determine whether a court suit would be effective. He commented further on probable difficulties of instituting I legal action, and said that, although a mandamus suit could be initiated the field burn- ling would continue because of the length of time which would be involved in the suit. He said he would report and give' recommendations in about 30 day's as to' how to proceed for legal relief as well as to whether to retain outside counsel to completely explore' all facets, including liabilities which the City might incur with any future law suits in this regard. Mr. Speck commented on his.;research in the matter, and said he felt legal action should be tried. " e IMrs. Hayward moved seconded by ~'~._~cDonald to approve Item 1 of the Committee report. . :;_',. ._ -- I: \ 8/11/69 - 4 I 1- ~ I - ilL ...