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General Meeting Minutes 12-11-2008

City Council General Meeting

December 11, 2008

 

 

Call to Order:  A General Meeting of the Gustavus City Council was held on December 11, 2008 at 7:00PM.

Mayor Unkel called the meeting to order at 7:00PM

 

Roll Call:

Comprising a quorum of the Council the following were present:

                             Mayor Unkel

                             Vice Mayor Berry

                             Council Member Cacioppo

                             Council Member Howell

                             Council Member Lassiter

                             Council Member Marchbanks

                             Council Member Nixon

 

 

Reading & Approval of Minutes

 

§         Minutes from the November 13, 2008 General Meeting were read by the City Clerk.

Motion:                 Council Member Berry moved to approve the minutes                               from the November 13, 2008 General Meeting.

Seconded by:        Council Member Marchbanks

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Motion Passes 7/0

 

§         Minutes from the December 4, 2008 Special Meeting were read by the City Clerk.

Motion:                 Council Member Marchbanks moved to approve the                                  minutes as read.

Seconded by:        Council Member Lassiter

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Motion Passes 7/0

 

§         Minutes from the December 10, 2008 Special Meeting were read by the City Clerk.

Motion:                 Council Member Cacioppo moved to accept and adopt                               as read.

Seconded by:        Council Member Berry

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Motion Passes 7/0

 

 

Mayor’s Request For Agenda Changes:  None

 

 

Committee Reports:

§    GVFD Committee report none given.

§    Lands Selection Committee report given by Vice Mayor Berry.

§    Library Board report given by Jaenell Manchester.

§   Parks & Rec:  Community Garden report given by Jessie Soder.

 

Consent Agenda:

          A.  Appointment of GCN Board:  Fritz Koschman as Chair

          B.  2008-31NCO GVFD NCO Publication

          C.  2008-32NCO Borough NCO Publication

          D.  Appointment to Strategic Planning Committee:  Wayne Clark

 

Motion:                 Council Member Berry moved to adopt the consent                                   agenda. 

Seconded by:        Council Member Cacioppo

 

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

Ordinances for Publication:

§   2008-30NCO GCN  An Ordinance for the City of Gustavus providing for the amendment of the Gustavus Community Network (GCN) budget for FY09.

 

 

Motion:                 Council Member Berry moved that non code ordinance                             2008-30NCO be accepted by the Council for                                              publication. 

Seconded by:        Council Member Nixon

 

Council discussion followed.

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel        

No:              None

 

Motion Passes 7/0

 

 

Ordinances for Public Hearing:

§   2008-29  Title 4 Sales Tax  An Ordinance for the City of Gustavus Amending Title 4.15 Revenue and Finance, Sales Tax. 

 

Public Hearing:  There being no one who wished to be heard the public                             hearing was closed. 

 

 

Motion:               Council Member Marchbanks moved the Council                                    adopt amendments to Title 4.15, specifically an                                         amendment to Section 04.15.020, the addition of

                           Section 04.15.061 and an amendment to Section                                    04.15.070, all pertaining to the implementation and

                           collection of the Fish Box Flat Rate. 

Seconded by:      Council Member Howell

 

Council discussion followed. 

 

ROLL CALL VOTE ON MOTION:

Yes:                     Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:            None

Motion Passes 7/0

 

 

§   2008-28NCO Library  An Ordinance for the City of Gustavus Providing For The Amendment Of The Library Budget For FY09.

 

Public Hearing:  There being no one who wished to be heard the public                             hearing was closed. 

 

Motion:               Council Member Marchbanks moved the Council                                    accept Ordinance 2008-28NCO, an amendment to the

                           Gustavus Library Budget for FY09. 

Seconded by:      Council Member Berry

 

Council discussion followed. 

 

 

ROLL CALL VOTE ON MOTION:

Yes:           Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:            None

 

Motion Passes 7/0

 

Resolutions:

§   Resolution 2008-23 A Resolution Of The City Council Of Gustavus, Alaska Authorizing The Preparation Of A Petition For Annexation Of Territory To The City Of Gustavus.

 

Resolution 2008-23 was read by Joe Lassiter.

 Public Comment:  None

 

Motion:                 Council Member Howell moved to adopt as presented.

Seconded by:        Council Member Berry

 

Council discussion followed. 

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

§   Resolution 2008-25 A Resolution Directing The DRC Committee To Take Actions Regarding Use Of The “Airport Triangle” For The Disposal Of Septage And Construction/Demolition Waste.

 

Resolution 2008-25 was read by Paul Berry. 

Public Comment:  None

 

Motion:                 Council Member Berry moved that Resolution 2008-25                             be adopted.

Seconded by:        Council Member Marchbanks

 

Council discussion followed. 

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

 

§   Resolution 2008-XX Clinic Funding Special Committee

 

Mayor Unkel stated that there was not a resolution.  Council Member Howell explained that he had brought this up the last work session but that it had not gotten to the point of a resolution being drafted. 

 

Motion:                 Council Member Howell moved that we draft a                                           resolution to create a special committee called the                                    Clinic Committee to be presented at the January                                      meeting. 

Seconded by:        Council Member Lassiter

 

Council discussion followed.

 

ROLL CALL VOTE ON MOTION:

Yes:             None

No:              Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

 

Motion Defeated 0/7

 

Policy for Publication:  None

 

 

Policy & Procedures for Public Hearing:

 

§   2008-24 GVA A Resolution to Adopt the Document “Policy and Procedures For The Disbursement Of Room Tax Monies To GVA.”

 

Public Hearing:  There being no one who wished to be heard the public                                       hearing was closed.

Resolution 2008-24 was read by Council Member Marchbanks.

 

Motion:                 Council Member Marchbanks moved the Council adopt

                             Resolution 2008-04, A Resolution to Adopt the                                          Document “Policy and Procedures for the                                                  Disbursement of room tax monies to GVA.”

Seconded by:        Council Member Nixon

 

Council discussion followed.

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

 

Unfinished Business:  None

 

 

New Business:

§   MOA:  Letter of Agreement DOT & City for Brush Cutting Payment

 

Mayor Unkel gave comment that there was not a dollar amount in the document. 

 

Motion:                 Council Member Lassiter moved to send it back to the                               committee for clarification. 

Seconded by:        Council Member Cacioppo

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

§   CIP Submissions Approvals, Resolutions, Priorities

 

§   Resolution 2008-26 A Resolution In Support Of The Proposal To Replace Rink Creek Bridge and Good River Culverts For Funding Through The State Of Alaska Capital Improvement Program. 

 

Resolution 2008-26 was read by Council Member Howell.

 

Public Comment:  None

 

Motion:                 Council Member Howell moved to adopt 2008-26 as                                  read

Seconded by:        Council Member Berry

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

§   Resolution 2008-27 A Resolution In Support of The Proposal To Improve The Disposal And Recycling Center Facility For Funding Through The State Of Alaska Capital Improvement Program. 

 

Resolution 2008-27 was read by Council Member Cacioppo.

 

Public Comment:  None

 

Motion:                 Council Member Cacioppo moved to accept Resolution                                        2008-07.

Seconded by:        Council Member Marchbanks

 

 

Conflict of Interest:                           Council Member Berry asked to be                                                            recused due to payroll. 

 

Ruling:                                              Mayor Unkel ruled that there is a                                                               conflict.

 

ROLL CALL VOTE ON MOTION:

Yes:             Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Recused:     Berry

 

Motion Passes 6/0 with 1 recused

 

§   Resolution 2008-28 A Resolution In Support Of The Propasal To Upgrade Tong Fire Hall For Funding Through The State Of Alaska Capital Improvement Program

Resolution 2008-28 was read by Council Member Lassiter.

Public Comment:  None

 

Motion:                 Council Member Lassiter moved to accept Resolution                                2008-28.

Seconded by:        Council Member Berry

 

Council discussion followed. 

 

ROLL CALL VOTE ON MOTION:

Yes:                      Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

§   Resolution 2008-29 A Resolution In Support Of The Proposal To “Construct a Community-Wide Broadband Network” For Funding Through The Sate Of Alaska Capital Improvement Program.

 

Resolution 2008-09 was read by Council Member Nixon

 

Motion:                 Council Member Nixon moved to pass as read.

Seconded by:        Council Member Lassiter

 

 

Motion to Amend: Council Member Howell moved to amend the second                                whereas to delete “by as much as XY% in recent years

                             and to insert “substantial” before decline and “in                                       subscribers” after decline.

Seconded by:        Council Member Lassiter 

 

ROLL CALL VOTE ON MOTION TO AMEND:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion to Amend Passes 7/0

 

 

ROLL CALL VOTE ON AMENDED MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

§ Resolution 2008-30 A Resolution In Support Of The Proposal To “Upgrade Library Technology” For Funding Through The State Of Alaska Capital Improvement Program.

 

Resolution 2008-30 was read by Mayor Unkel. 

 

Motion:               Council Member Nixon moved to adopt 2008-30.

Seconded by:      Council Member Lassiter

 

Council discussion followed. 

 

ROLL CALL VOTE ON MOTION

Yes:           None

No:            Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

 

Motion Defeated 0/7

 

§  Resolution 2008-31 A Resolution In Support Of The Proposal To Request Funding For Engineering Of The City Owned Marine Fuel Dispensing.

 

Resolution 2008-31 was read by Council Member Berry. 

Motion:               Council Member Nixon moved that we pass Resolution                            2008-31.

Seconded by:      Council Member Cacioppo

 

Council discussion followed.

 

ROLL CALL VOTE ON MOTION:

Yes:           Nixon

No:            Berry, Cacioppo, Howell, Lassiter, Marchbanks, Unkel

 

Motion Defeated 1/6

 

§  Ranking of Capital Improvement Proposals

§                2008-26 Road

§                2008-27 DRC

§                2008-28 GVFD

§                2008-29 GCN

Council discussion followed on how to rank.

 

 

Motion:                 Council Member Lassiter moved to accept the ranking                                        of Road as top, Broadband as second and DRC &                                      GVFD as third.

 

Seconded by:        Council Member Marchbanks

 

CONFLICT O INTEREST:                   Council Member Marchbanks

                                                          declared a conflict of interest on the                                                                    Rink Creek/Good River work.

RULING:                                            Mayor Unkel ruled that Council                                                                 Member Marchbanks would be                                                                   recused from voting.

 

CONFLICT OF INTEREST:                 Council Member Berry asked to be                                                            recused from voting because of the                                                             same conflict as before with the                                                                 DRC.

RULING:                                            Mayor Unkel ruled that Council                                                                 Member Berry is not allowed to vote.

 

 

ROLL CALL VOTE ON MOTION:

Yes:             Cacioppo, Howell, Lassiter, Nixon, Unkel

No:              None

Recused:     Berry, Marchbanks

 

Motion Passes 5/0 with 2 recused

                                               

 

§  DRC Request For Legal Funding

 

Motion:               Council Member Berry moved that the City Council                                draft a non code ordinance to move $5000 from the                                  city reserve account to the DRC professional services                                       category for the purpose of legal expenses as outlined                                 in Resolution 2008-25.  

Seconded by:      Council Member Marchbanks

 

ROLL CALL VOTE ON MOTION:

Yes:           Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:            None

 

Motion Passes 7/0

§  GVFD Contract renewal for ARFF

(Clerk’s Note:  No Council action taken.)

 

§   Liquor License Renewal Application – Gustavus Inn

 

 

Motion:                 Council Member Howell moved to draft a letter to the

                             new director of the ABC Board and state that this is

                             the first action to come before us since her                                                appointment and we have no protest.

Seconded by:        Council Member Nixon

 

Discussion followed. 

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

Mayor’s Report:

§   DNR informally asked if the city was interested in buying the Gravel Pit. 

 

City Clerk’s Report:  None

 

City Council Questions & Comments

§   Council Member Berry said he would be leaving the 31st and will be gone the 8th meeting and will return to Gustavus March 5th.

 

Public Comment on Non-Agenda Items:

§ Kim Ney

§ Rusty Yerxa

 

Executive session - None

 

Adjournment:

With no further business before the Council the meeting was adjourned at 9:56PM.

 

 

 

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