RESTORATION WORK – Father Herman Belt keeps an eye on Lincoln Street traffic this morning as workers use a Snorkel Lift to pull rotten pieces of trim from the facade of St. Michael’s Cathedral. Several pieces recently had fallen off the cathedral, which dates to 1976, causing concerns about other pieces possibly falling off and hitting pedestrians. Belt says the plan is to fabricate new wooden trim and properly flash it. East bound traffic was diverted up American Street during today’s work. Contractors may close the street again Wednesday morning. (Sentinel Photo by James Poulson)
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Daily Sitka Sentinel
Assembly Pulls Plug On Phoning, Driving
By SHANNON HAUGLAND
Sentinel Staff Writer
Sitka will soon join the ranks of cities and states with laws against using cell phones while driving.
In a 5-2 vote at the regular meeting Tuesday, the Assembly passed an ordinance making it illegal to text, talk, listen to music, dial, use a GPS feature, or watch videos on a handheld device, such as a smartphone.
A taxi drives down Katlian Street this afternoon. Cab drivers will now have to pull over in order to talk on cell phones. (Sentinel Photo)
Hands-free devices are allowed. Exemptions are also provided for emergencies, construction and highway maintenance.
State law already prohibits texting while driving, but some communities on their own are passing laws against many cell phone activities while driving.
The ordinance will go into effect May 26, 30 days after its passage on Tuesday.
Voting in favor were Tristan Guevin, Ben Miyasato, Matthew Hunter, Bob Potrzuski and Mayor Mim McConnell. Steven Eisenbeisz and Aaron Swanson were against.
Assembly members said they were persuaded by statistics that showed the higher risk of accidents with cell phone use by drivers, as well as by testimony from health care professionals and other residents about accidents related to use of cell phones while driving.
“This ordinance has gone through extensive public process,” said Guevin, one of the co-sponsors. He noted that the Police and Fire Commission and Sitka Health Needs and Human Services Commission endorsed the ordinance. “The hands-free (exemption) gives a fair amount of latitude for people who need it for business reasons.”
“You have a right to arrive safely at your destination,” said Miyasato, the other co-sponsor. “We’re looking at people’s safety. That’s why I’m very much in support of this ordinance.
Hunter said he struggled between the question of personal liberty and safety, and decided safety was the most important.
Taxis, buses and delivery vehicles were originally exempted from the ordinance. But at the April 12 meeting Assembly members removed that exception.
In public testimony at Tuesday’s meeting taxi driver Sig Rutter said the exemptions for commercial drivers should stand, a position he shared with City Attorney Robin Schmid, who had put the exception in the first draft of the ordinance. She told the Assembly at the last meeting that she included language related to that category of users that has stood up to legal challenges.
Rutter commented: “I’m asking the Assembly to follow its attorney’s advice.”
He added that there should be a distinction between smart phones, which you have to look at, and flip phones, which can be used without taking your eyes from the road.
Doug Osborne said the ordinance was crafted around what has worked in other cities, and seeks to eliminate the most common forms of “distracted driving.”
“All this ordinance asks is that while you’re behind the wheel is that you put your phone away,” he said. “It’s about what’s in the best interest of the public.”
Osborne added that the city should take an approach to reducing distracted driving by educating the public, setting policies and enforcing the rules.
Regarding enforcement, Police Chief Sheldon Schmitt said he anticipates giving out warnings, and if needed tickets with $25 fines. Assembly members said they supported the idea that the fines could be “donations” to the fire hall.
Furloughs
The Assembly passed on final reading an ordinance that will allow the administrator to change daily hours of work and the workweek, or both, and establish furlough days, for the non-unionized workforce.
The vote was 6-1 with Guevin against.
“This is a tool in the tool box,” City Administrator Mark Gorman said. “We will use it judiciously. ... It would be applied equitably.”
The ordinance now states that the work week is 40 hours, but that “the Municipal Administrator may, for budgetary reasons and as approved by the Assembly and in accordance with state labor laws, change the daily hours of work and workweek for employees covered by this policy. This may include but is not limited to unpaid furlough days or a reduction in work hours.”
The city is currently in negotiations with its unions on such issues as wages, benefits and days off. The furlough ordinance would apply only to those employees not represented by unions.
On a question of how furlough days would affect the morale of the work force, Gorman said, “I don’t know what the consequences would be. Morale in the city workforce is not high. The work force feels under-appreciated by the community. They feel there is financial stress and they feel there will be consequences. Any movement we make to balance the budget on wages will impact staff. I believe furloughs is a kinder, gentler approach than layoffs.”
Gorman estimated that six furlough days for the affected workers would be equivalent to a 2 percent cut in wages and $200,000 in savings to the city.
Reber Stein, who works for Alaska State Employees Association testified against the ordinance, stating he was speaking for himself.
“Furloughs are a lousy management tool,” he said. “Furloughs are a cost shifting of expenses from those who receive the service, to those who provide city services.”
He said employees furloughed for six days will have to treat them as personal leave days in order to maintain their present income. Stein also added that it is more difficult than it sounds to apply the mandatory furlough equally to all employees, union and nonunion.
Guevin spoke against the ordinance, saying he didn’t think furloughs were the best way to balance the budget, and believed the Assembly should wait to see what happens with the union negotiations to make decisions on the non-unionized workers.
“I’d rather the decisions play out in collective bargaining,” he said.
The Assembly didn’t approve any specific number of furlough days in this ordinance, but members said their intent is to provide flexibility to the administrator. Without it, Gorman said, “The only tool I have to achieve ($200,000 in reductions) is layoffs.”
Planning Issues
The Assembly approved two ordinances recommended by the Sitka Planning Commission, both on 7-0 votes.
The first allows licensed marijuana activities to be allowed as a conditional use in all zones except residential. This means a business receiving a state license for growing, cultivating, selling and testing will need to go through the conditional use process before opening their business at any address in Sitka.
Hunter said he believes this is fair, since the marijuana business is new to town, and the city should proceed carefully. He said “conditional use” is the way to go.
“Once it’s permitted, it will be difficult to remove if it poses a problem,” he said. “This is a fair thing to ask of our new industry.”
The second ordinance that was approved opens the door to boat owners wishing to rent out their boats in the harbor as short term rentals.
It makes a zoning text amendment making short term rental a conditional use in public lands zones. Harbors are in the public lands zone.
Tim Fulton, who proposed the ordinance, said he thought it would offer visitors an enjoyable option for visiting and experiencing Sitka.
Fulton said he personally probably won’t be going ahead with a permit request at this time because he plans to move south for a time to care for his parents.
Other Business
Also at the meeting, the Assembly:
– approved a tentative schedule to hire a city attorney to replace Robin Schmid, whose last day is June 1. The position will be advertised in May and June, candidates selected around June 10. Skype interviews will be held around June 14 and in-person interviews the weeks of June 20 and 27.
– heard about the Sitka Economic Forum to be held 3 p.m. May 17 at the Sheet’ka Kwaan Naa Kahidi. All are invited, SEDA director Garry White said.
– recognized members of the Citizens’ Task Force for their work.
– supported a grant application for $2 million for Phase 6 of the Cross Trail.
– approved an amendment to the NSRAA lease at the industrial park.
– reappointed Tamie Parker Song to the Planning Commission and named Scott Saline to the Historic Preservation Commission and Allison Massey to the Parks and Recreation Committee.
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20 YEARS AGO
April 2004
Photo caption: Sitka High students in the guitar music class gather in the hall before the school’s spring concert. The concert was dedicated to music instructor Brad Howey, who taught more than 1,000 Sitka High students from 1993 to 2004. From left are Kristina Bidwell, Rachel Ulrich, Mitch Rusk, Nicholas Mitchell, Eris Weis and Joey Metz.
50 YEARS AGO
April 1974
The Fair Deal Association of Sealaska shareholders selected Nelson Frank as their candidate for the Sealaska Board of Directors at the ANB Hall Thursday.
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