LUTHERAN QUILTERS – Members of the Quilts for Comfort Group stand between pews draped with some of the 205 quilts they made, in the Sitka Lutheran Church Tuesday. The group made the quilts for five local non-profits and one in Anchorage. The remaining quilts are sent to Lutheran World Relief which distributes them to places around the world in need, such as Ukraine, as part of Personal Care Kits. Pictured are, from left, Helen Cunningham, Kathleen Brandt,Vicki Swanson, Paulla Hardy, Kim Hunter, Linda Swanson and Sue Fleming. (Sentinel Photo by James Poulson)
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Daily Sitka Sentinel
Assembly Tightens Smoke-Free Rules
By TOM HESSE
Sentinel Staff Writer
Following months of discussion, the Sitka Assembly Tuesday night gave final approval to a measure that forbids children from entering places that allow smoking, even for events where smoking would not be allowed.
The smoking issue, which surfaced after a Christmas party for children at the American Legion Post 13, has been smoldering ever since the Assembly voted to approve the ordinance on first reading in early January.
A number of members of the public spoke against the change the first time the ordinance came up for second reading and final adoption later in January. Instead of taking a vote at that time, the Assembly sent the measure to the Health Needs and Community Services Commission for an opinion. The commission met on Feb. 11 and endorsed the change.
The amendment sat untouched until Tuesday night, when the Assembly brought it up again and passed it on a 6-1, vote with Matthew Hunter voting in opposition. The fulcrum of the discussion was interpretation of the original intent of the law, which was enacted by a public vote in 2005.
“The issue here is about intent ... and I believe the intent is what we are trying to clarify,” Assembly member Phyllis Hackett said.
Hackett said she felt the original intent of the smoking ordinance was a full prohibition on children entering smoking establishments. As evidence she pointed to the Elks Lodge, saying that they banned smoking so they could continue to host events for children.
“They chose to go smoke-free because they understood the intent of this,” Hackett said.
Hackett also pointed to a letter to the Assembly in February from Al Duncan. Duncan proposed the ordinance in 2005 and said the intent was a complete prohibition and that he supported the clarifying language.
Three people spoke on the amendment Tuesday night, with two urging the Assembly to drop the issue. American Legion manager Margaret Peterson said the proposal was unnecessary, or at least should be put before the voters.
“I am against this,” Peterson said ,speaking under the Persons to be Heard portion of the agenda item. “The only thing that it’s going to do is stop a three-hour Christmas party for us once a year.”
“This is a big thing that is going on here and I think you should open it up to the town of Sitka to decide,” she added.
David Tjomsland said the amendment overstepped the bounds of the city government’s role.
“You’re micromanaging things that a parent should do. So let’s do city things and let parents do parent things,” Tjomsland said.
Assembly member Mike Reif said he wasn’t sure about the original intent of the ordinance but that he supported the change because he felt the public supported it.
“I’m supporting this change because I really do think the voters would vote for this,” he said.
Hunter, the lone Assembly member to vote against the new language, said he was uncomfortable reaching too far into the decisions of private citizens and that it should be decided by a public vote.
“I’m going to not support this ordinance because I feel this is an issue that should go to the citizens to decide,” Hunter said.
Hunter further explained that, at the time of the original ordinance, there was little public discourse on third-hand smoke, making it unclear what the public thought about those safety risks nine years ago.
Picnic Cove floathouses
Picnic Cove will remain a floathouse-use area after the Assembly voted unanimously against a motion that would have removed it from the list of acceptable floathouse locations.
Picnic Cove is located south of Sitka on the way to Goddard Hot Springs. The floathouses have been allowed on the site since 1987, but city staff said consistent complaints about restrictions to public access to Picnic Cove as a result of floathouses led them to suggest the motion.
Government Relations Director Marlene Campbell told the Assembly that the only floathouse in Picnic Cove is presently unoccupied, and the Alaska Department of Natural Resources had asked the city to review their Coastal Management policy before more applications to put a floathouse in the area were processed.
Campbell said Picnic Cove is a small area that is popular for day boaters and that she’s fielded a number of complaints over the years from people who say those living in the area are a deterrent from visiting Picnic Cove.
“Hardly a year goes by without someone complaining about not being able to use that location,” Campbell told the Assembly.
The limited opportunities for anchorage and the permanent occupants are some of the reasons Campbell said people have found it difficult to picnic in Picnic Cove.
“There is no doubt that (the public use of the area) has been impeded over the years,” she said.
A number of people spoke in support of keeping the area open for floathouses.
Rob Miller was one of the seven who spoke on the area and he said floathouse locations offer affordable, alternative living in Sitka.
“To have this taken away and to only have three other locations ... I think this would be terrible,” Miller said.
The owner of the only floathouse left in Picnic Cove died in February. The Assembly discussed a number of complaints associated with that floathouse. Assembly Member Ben Miyasato said concerns about public use were valid.
“One thing that I’d like to point out is safety. Some people who want to use Picnic Cove do not feel safe using Picnic Cove,” he said.
Reif said one bad neighbor shouldn’t ruin the location indefinitely.
“I’m not going to let that cloud my vision on what should be allowed to occur,” he said.
The Department of Natural Resources handles all of the permitting for floathouses. The city’s role is just in deciding whether or not to allow the site to remain open to the use. The Assembly ultimately rejected the motion, leaving Picnic Cove open to floathouses.
Ports and Harbors
The Assembly approved an amendment to language in updates to the ports and harbors ordinances which govern activities in Sitka harbors.
The changes were up for their second reading and on Tuesday the Assembly added one more change regarding fire hazards.
Previous language in the ordinance prohibited any boat owner from leaving a fire or flame unattended on a vessel. The rule included oil, gas and wood stoves.
Assembly members were concerned that the ruling was too restrictive, as it would affect those who leave their boat heating stoves on through much of the day.
Harbor Master Stan Eliason said the rule was in place because of concerns about boat fires. He said he’s encountered a few fires from running stoves but in those cases “alcohol was a factor.”
The Assembly opted to change the language to prohibit leaving “an unsafe” flame or fire unattended. The rule leaves it up to the harbor master to determine the types of flames that are too unsafe to abandon.
Construction tax refund
The Assembly approved on second reading a tax-refund ordinance related to the purchase of building materials by individuals who are building their own homes.
The city presently offers a sales tax refund on construction materials for owner-built homes after the house is built, but the benefit is only for one year.
The amendment would extend the time for project completion, and the tax refund, to two years.
Assembly member Reif, who is building his own house and potentially would benefit from the change, recused himself from the discussion and vote.
However, City Attorney Robin Koutchak said Reif was under no legal obligation to recuse himself because “(the ordinance) didn’t just benefit him. It was brought to benefit the entirety of the community.”
The vote passed 6-0 with little discussion. The new ordinance gives applicants two years from the issuance of a grading, foundation or building permit to apply for the refund on sales taxes related to construction costs.
Other Business
The Assembly gave unanimous approval to a general waiver from the $100 penalty for failure to file a personal property tax return.
The $100 non-filing penalty was new this year. City Staff recommended a waiver for this year because of the number of changes in the city’s tax collection procedures.
The Assembly also approved two lease agreements related to the coffee stand at Rocky Gutierrez Airport.
One changes the lessor to Island Girl Coffee LLC, which recently purchased the business from the Airport Gift Shop. The other action was required to split the lease areas, as they were previously considered a single entity.
Both motions passed unanimously.
Work Session
Prior to Tuesday’s regular meeting, the Assembly hosted a work session with Sound Development LLC on the proposed subdivisions on a parcel in the Benchlands.
Sound Development briefed the Assembly on its drafting for Lot C. Sound Development has been meeting regularly with city staff on the project and met with Assembly members to update them on the subdivision process.
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20 YEARS AGO
March 2004
Advertisement: Tea-Licious Tea House & Bakery 315 Lincoln Street Grand Opening! Freshly Baked Scones, Cakes & Pastries Innovative Salads, Soups & Sandwiches Harney & Sons Tea. Lunch * Afternoon Tea * Supper.
50 YEARS AGO
March 1974
Photo caption: National Republican Chairman George Bush takes a drink of water offered by Jan Craddick, Sitka delegate, during the Republican convention held here. Mrs. Craddick explained to Bush that the water was from Indian River, which means, according to local legend, that he will return.
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