Noise ordinance approved after third reading in assembly meeting

The Wrangell Borough Assembly discussed a proposed noise ordinance once again during their meeting onTuesday. The ordinance has been the source of some controversy around town, some seeing it as the result of two feuding neighbors, or that the regulations proposed by the ordinance are unrealistic. When the ordinance was brought up for discussion in the last meeting, on March 12, there was a very large public turnout to speak their minds on the topic. During that meeting, the assembly proposed various amendments to the ordinance.

Previously, the ordinance read that it would be illegal to create noise above 90 decibels between the hours of 7 a.m. and 8 p.m. on weekdays, and 10 a.m. to 8 p.m. on weekends and holidays. The ordinance also allows for various exceptions to the rule, particularly in the use of power tools and for boat maintenance. In the March 12 meeting, it was proposed to increase the limit to 95 decibels. The hours of the ordinance were changed to 6 a.m. to 8 p.m. from Monday to Saturday, and from 9 a.m. to 8 p.m. on Sundays. At all other hours, the decibel limit is set at 60. The word “personal” was erased from the section of the ordinance regarding boat maintenance per the request of the assembly, to avoid accidentally making it illegal for people to work on their own charter boats or fishing vessels. A new provision was also added to the ordinance, exempting motor vehicle maintenance as well as boat maintenance.

During the meeting, Assembly Member David Powell put forward an amendment to change the hours of the ordinance back to 7 a.m. to 8 p.m., from Monday to Saturday. The idea to change the hours in the first place was his idea in the last meeting, but he said that he has changed his mind and felt that the original hours would be a better fit. This amendment was unanimously adopted by the assembly.

Wrangell resident Hague Demerjian called into the meeting via telephone, to voice his support for the ordinance. He said that, in his opinion, some of the provisions of the ordinance were still too subjective and that they could be easily skirted. However, in general he said he liked the proposed ordinance.

“Over the past 20 years my family has endured repeated noise and junk violations that never should have been allowed to begin with,” he said. “The city has been lax in developing new laws that protect the rights of residential property owners … Now, we have developed new enforceable nuisance laws that address the issue that sorely need to be dealt with in our town.”

Another member of the public spoke at the meeting, Scott Eastaugh who is Demerjian’s neighbor, and claims that he has been the target of harassment from Demerjian. He also said that he is upset by the ongoing debate around the noise ordinance, as people are chalking it up to a feud between neighbors. There is no feud, he said, it is all one-sided on the part of Demerjian.

“I don’t have a problem with anyone, I’ve never called the cops on any of my neighbors, ever. It doesn’t matter what he does. He can do his own thing, I can do my own thing. I find it kind of disparaging, it hurt my feelings, everybody around town going ‘Oh, two neighbors fighting, two neighbors fighting.’ I don’t have a problem with anyone, I’m just trying to live my life.

After receiving public comments Mayor Steve Prysunka said that he wanted to reiterate to the public that this noise ordinance was not being brought up because of any reported animosity between Demerjian and Eastaugh. The city decided to update its nuisance codes, which the noise ordinance is a part of, on its own. It was not brought to the city to consider by anyone. Prysunka did say that while the ordinance may have become intertwined with outside events, that was not the original intention.

Assembly Member Jim DeBord said he was very concerned about the unintended consequences of approving this ordinance. This would be a bad use of the police department’s time, he said. He also pointed out that decibel levels can fluctuate.

After further discussion, however, a vote was called. The noise ordinance was finally adopted. DeBord was the only assembly member who voted against its passage.

During the meeting, Prysunka also gave an update on the city’s power situation. As of Sunday, he said, Wrangell turned off its diesel generators and has gone back to full hydropower. Water levels at Tyee Lake have risen from 1,258 to 1,265. They will be monitoring the situation closely to make sure water levels continue to increase with additional rain and melting snow. Prysunka also added that there are no planned power sales to Ketchikan for the time being, so all power from Tyee will be coming to Wrangell and Petersburg.

Other items covered in the meeting include congratulating Bob Dalrymple, formerly of the Forest Service, on his retirement. The assembly also approved a resolution allowing the Southeast Alaska Power Agency to refinance some bonds to increase its savings, amended the borough manager position to add it to the Public Employees’ Retirement System, and amended the job description of the facility manager position for the Nolan Center. Assembly Member Patty Gilbert also announced in the meeting that SEARHC has selected Leatha Merculieff to be the new CEO of the Wrangell Medical Center.

 

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