Date: Fri 18-Dec-1998

Publication: Bee

Author: STEVEB

Quick Words:

Legislative-Council-scenic

Full Text:

Scenic Road Ordinance Repeal Measure Fails

BY STEVE BIGHAM

The Legislative Council came within two vote of repealing the controversial

scenic road ordinance at its regular meeting Wednesday night.

Council members voted 7-4 against the repeal, but the issue sparked some

heated discussion among the members.

The ordinance has caused trouble for the council since it was passed just over

two years ago. The biggest controversy occurred last spring when the council

voted to deny scenic road status to Washbrook Road and New Lebbon Road.

Angered residents harshly criticized the council for rejecting their

applications. Residents said their roads met the criteria for scenic road

status. However, there appeared to be some misunderstanding. The ordinance

does not guarantee a road scenic status simply because it meets a list of

criteria, according to the council. Meeting those criteria simply opens up the

door for consideration. The Legislative Council members maintain that they

have the final say on what roads should be deemed scenic.

Some council members believe the ordinance is too subjective and wonder why

the council is the body in charge of determining which roads are scenic and

which roads are not.

However, the majority of the council members felt they should avoid repealing

the ordinance simply because it caused some animosity with citizens.

Council member John Kortze, who wrote the ordinance, said "I would rather see

us work on this. People want it. If you vote to repeal it, how do you respond

to the people who asked for it?"

Peggy Baiad, Tim Holian, Ed Lucas, and Melissa Pilchard voted in favor of the

repeal. Voting against it were Karen Blawie, Joe Borst, John Kortze, Pierre

Rochman, Will Rodgers, Lisa Schwartz, and Brian White. Donald Studley was not

present.

On Monday, the council's ordinance committee voted 3-1 in favor of

recommending a repeal of the ordinance. Committee chairman Will Rodgers voted

against the idea. On Wednesday, he appealed to council members to stand firm

on the ordinance.

"Don't vote for a repeal simply because you think the scenic road ordinance is

too hard to administer," he said.

Mr Rodgers said the ordinance remains a good one and has not been given a fair

shot. He noted a repeal would come based on the council's most recent action

-- Washbrook Road. He said the perception will be that the council voted for

repeal in reaction to its critics.

"If word on repeal gets out there, then people might tender their scenic road

applications before we actually repeal it. We would be obliged to act on

those," he said.

Mrs Baiad was one of the committee members who voted for the repeal.

"If we fix it we're saying it's workable. It's going to be subjective no

matter what we do," she said. "Beauty is in the eye of the beholder."

Mr Lucas said he simply disagreed with the concept all together. Mr Holian

felt the council was the wrong body to administer the ordinance.

Mrs Pilchard was the only non-member of the ordinance committee to vote in

favor of the repeal. She believes all Newtown roads are scenic and to single

some out only creates hostility.

Others, like Brian White and Lisa Schwartz, believed the council would be

avoiding its responsibility if it abandoned the ordinance.

"We're not running away from Washbrook Road. We're learning from our

mistakes," Mr Lucas said.

Had the council voted to repeal, the issue would have had to go before a

public hearing.

Mr Rodgers said he has no plans to make any major revisions to the ordinance.

He simply wants to clarify some of the language to avoid some of the

misunderstandings it has created. A "no guarantee" clause should take care of

that, he said.