Land Sales
Dear Editor: I am writing in opposition to Ordinance 2018-18, which the Assembly is considering on Tuesday. This ordinance would end the requirement now in force, for a public vote when the city sells land worth more than $500,000, or signs a lease worth more than $750,000. There are two reasons for my opposition: the first has to do with the flawed legal theory put forth to support it, the second with its effect on the city.
This Assembly may not be aware that the attorney the city administrator relied on to advise them on this issue is the same one who handled Sitka’s opposition to a citizen’s initiative that would have required the city to follow its own rules for land sales, when selling land at the Gary Paxton Industrial Park, back in 2008 to 2012. I hope the city didn’t pay too much for this latest advice- it is essentially a reprint of his legal arguments in that case. The problem is that his argument doesn’t apply in this case.
Mr. Gatti asserts that our land sale ordinance violates our Charter and is unconstitutional. However, this is what the Alaska Supreme Court said about his argument in 2012:
“Sitka’s argument that the initiative would require a referendum for transactions of a certain size (and that requiring a referendum without previously obtaining the signatures of a certain number of voters would violate the Sitka Charter) completely ignores that Sitka law currently requires exactly that: a referendum for transactions of a certain size. If Sitka believes there is a conflict between SGC 18.20.010 and the Sitka Charter – an issue never explicitly decided by any court, much less raised by any party in this litigation, and an issue Sitka conceded at oral argument is not before this court – the city should amend either its Charter or the ordinance. It may not be heard to argue that a citizen initiative, which merely attempts to extend to all transactions a Sitka law currently applicable only to some transactions is contrary to law because current law violates the Sitka Charter.”
The “If” speaks volumes: the Alaska Supreme Court never ruled there was a conflict between the Charter and the General Code. Further, a close reading of Mr. Gatti’s recent memo will show that his arguments and citations pertain to citizen’s initiatives, while the matter before the Assembly is an ordinance. Mr. Gatti’s recycled legal argument doesn’t apply to this case. He is answering a question that was never asked.
The second reason I urge the Assembly to vote this down is more serious- it has to do with Sitka’s future prosperity and security. Municipal land is the most valuable asset the city possesses. It is a vital tool the city must have to respond to public needs. But it can only be sold once, and once sold, it is lost forever as a public asset. It is said that there is a benefit to getting property on the tax rolls. The property tax rate is 6 mils, or six dollars per thousand dollars of land value. A paltry 0.6% per year isn’t a good enough return to justify the transfer of land to private property. The city has a life measured in centuries. It will need land to address civic needs into the future.
There should be an extensive debate and strong public support for the city to dispose of property, especially sizable parcels. The public vote would ensure that support. The ordinance being considered would make it too easy for a future Assembly to succumb to short-term pressure and lose sight of the big picture. The administrator’s memo mentions selling the Sitka Community Hospital and the Municipal Marine Services Center. I do not think it would be a good idea for the Assembly to approve the sale of either one of these public properties after what would certainly be two packed, emotional public hearings.
It might be a good idea to update the dollar amounts in SGC 18.12.010 to account for today’s higher property values. But before rescinding the public vote requirement, we all might benefit from obtaining a legal opinion from an attorney with a more objective perspective. Finally, I ask the Assembly to think long-term while debating this issue that has such far-reaching implications.
Michael Litman, Sitka
School Funding
Dear Editor: The residents of Sitka are hurting, and our Assembly just voted to give the school district money they don’t have. Bob Potrzuski called the process “magic.” I call it wrong.
The final half-million dollars just happened to equal the amount they hope to take in by doing away with the senior sales tax exemption which means the Assembly feels bloating the school budget is more important then our seniors.
Every year the School Board goes to the Assembly and tells them they are in a financial crisis and the whole school system will fall apart if the Assembly doesn’t give them more money. Every year the same people line up before the Assembly table crying that money for our schools is more important than our streets, water/sewer systems, harbors, police/fire protection, seniors, poor working people, families struggling to make ends meet, etc.
An education doesn’t mean much for a child that’s freezing at home because his single mother can’t afford to turn on the electric heat in the old apartment they are paying too much rent for. It doesn’t help when there is no food on the table, no clean clothes to wear, no coat to keep them dry in the rain, etc.
While enrollment has dropped by about 400 students over the last dozen years the number of employees for the school district has actually increased. City funding for our schools needs to be based on enrollment just like the state does. If the present mode of doing business isn’t drastically changed the School Board will be back before the Assembly again next year with another financial crisis that requires them to raise taxes and rates once more.
Clyde Bright, Sitka
Walk for MS
Dear Editor: A small but very hardy group of Sitkans braved the pouring rain to show support for our friends and neighbors living with MS. A very big and heartfelt thank you to all who participated in the walk (walking and rolling!) and also those who made onsite or online donations to the National MS Society. We raised $871 for the National MS Society, the largest private funder of research for MS in the United States.
Thanks to Sitka Community Hospital and SAIL for your support for this event. Cookies, accessible van rides, and logistical/planning support are a big help. The publicity from the Sitka Sentinel, Raven Radio, Problem Corner, and all the local businesses who displayed posters is also much appreciated.
We are thinking of a Kayak MS event next year. Stay tuned!
Patricia Atkinson,
Colleen Dahlquist, Dave Nuetzel,
Walk MS Sitka 2018
