Tribune - March 18, 2008
by Ari Cohn
A raft of dust-control measures received Scottsdale officials' approval Tuesday, despite several City Council members' desire to "push back" against the federal government over mandates they consider vague, unreasonable and an undetermined expense for residents.
GRAPHIC: Stopping the dust
Failure to adopt the new rules could have meant the loss of $1 million to $2 million in federal transportation funds. Complying with them, however, means spending nearly $500,000 to hire three new full-time city employees and buy two vehicles and a water truck.
"I think somebody may just listen if we stand up and say 'Let's use a little common sense here,'" said Councilman Tony Nelssen.
The amendments to the city's municipal code and zoning laws include a ban on using leaf blowers to push debris into public streets and restrictions on the use of off-road vehicles in unpaved areas.
But it was the requirements to apply anti-dust treatments such as chemicals, water or crushed rock to unpaved parking lots larger than 3,000 square feet on residential property, install anti-dust measures on commercial and residential properties containing five or more living units or uses, and put in dust control treatments on unpaved properties used by vehicles that drew scorn from some council members.
The council was required by state law to adopt the measures by the end of this month. But several council members said the laws contain gaping lapses in information, such as how the city is supposed to monitor dust emissions on private property, whether the laws impinge on private property rights, how much it will cost affected residents and how equestrian properties will handle the new regulations.
Ultimately, the council voted unanimously to approve the leaf blower and off-road vehicle restrictions, which will take effect in 30 days, but it split 5-2 on the other anti-dust measures. The regulations on commercial property will take effect in October, while residential properties will be affected beginning October 2009.
Despite saying the measures do not appear "equitable or balanced enough," Mayor Mary Manross said it would be irresponsible not to adopt the federal mandates.
"We all have sympathy for the private property issue," Manross said. "I'm very concerned about that. But I'm more concerned about breathing."
Vice Mayor Wayne Ecton said he voted in favor of the measures because it's his duty to uphold the law.
"We took an oath to follow the federal, state and city laws," he said.
Councilmen Bob Littlefield and Nelssen cast the dissenting votes.
"Nobody wants dirty air, but just because you stamp 'clean air' on something doesn't mean it's a smart idea or a good idea," Littlefield said. "If we think this particular rule is a bad idea, we shouldn't vote for it."
Amy Ganley, who owns the Apache Peak Equestrian Center, 29607 N. Hayden Road, said water is ineffective as an anti-dust measure, chemical stabilizers can be poison to horses and crushed rock or pavement can injure them.
"You're threatening the existence of the equestrian community here. You're going to put us out of business," Ganley said. "Who is going to stand up for us?"
Supporters hope the new regulations will improve air quality in the metro area and ward off federal sanctions that could include a loss of highway funding.
