October Council Minutes
TOWN OF CLINCHCO
MINUTES OF MEETING ON OCTOBER 19, 2017
MEMBERS PRESENT: Mayor Jarvis Deel, Vice Mayor Ralph Sutherland, Member Stearl Branham, Member Hurbert “Poly” Branham, Member Trevor Counts
MEMBERS ABSENT: Ralph Mock Jr., Virginia White
TOWN CLERK: Tina Deel
TOWN ATTORNEY: Susan Wood
Call to Order & Welcome by Mayor
Mayor Jarvis Deel welcomed everyone and called the meeting to order and asked for a moment of silence.
Approval of Minutes
Mayor Jarvis Deel asked if everyone has had time to look at the last minutes and if there is any discussion over the minutes. No discussion was made. Stearl Branham made a motion to approve the minutes; Trevor Counts seconded the motion; a vote was taken and all members were in favor.
Approval of Treasurers Reports
Mayor Jarvis Deel asked if everyone has had a chance to look at their treasurer’s report and if there is any discussion on the treasurer’s report; no discussion was made. Stearl Branham made a motion to approve the treasurer’s report; Ralph Sutherland seconded the motion; a vote was taken and all members were in favor. Mayor Deel asked to back up a second and vote on the police dept. treasurer’s report and asked if there was any discussion over the report; Trevor Counts asked why we had four police officers and you never see them in Clinchco; Mayor Deel stated we have one working right now; Trevor asked do we need four; Mayor Deel stated they are all part time. Trevor discussed why the white car wasn’t here and why he never brought it down to the town hall he always brought the county car. Mayor Deel stated that will be up to you all to ask for the car to be brought back down here. Trevor Counts made a motion for the white car to be brought back to the town hall; Mayor Deel stated that will have to be discussed later on in the meeting. Ralph Sutherland made a motion to pass the police dept. treasurer’s report; Poly Branham seconded the motion; a vote was taken and all members were in favor.
Mayor Jarvis Deel asked if anyone had any additions they would like to make to the agenda; Trevor Counts added the White Town Police Car to the agenda for discussion. Trevor Counts made a motion to add the White Car to the agenda; Ralph Sutherland seconded the motion; a vote was taken and all members were in favor. Ralph Sutherland made a motion to add to the agenda to discuss a full time police officer; Trevor Counts seconded the motion; a vote was taken and all members were in favor. Trevor Counts amended her motion to add the mileage. Mayor Deel stated they do, it is back there in the back. Trevor asked about any reports; Mayor Deel stated they are reports and they are all kept up on the computer and it all goes through Terry Montgomery. If he doesn’t receive the reports the police dept. can be shut down. Poly Branham stated he would like to put down that we have a town ordinance of these golf carts in town is that within the corporation limits; Ralph Sutherland agreed that it was; Poly stated ok, I would like to know like the town of Haysi with the spearhead trails about the 4 wheelers, side by sides in the corporation limits in town. If the golf carts can be and some run by battery and some gas, I want to know if I can ride my side by side by coming around and go up in my property on the street. It says I have a right to go the easiest route to my property that I have leased. Mayor Deel stated let a state trooper catch you out on it. Ralph stated I told you wrong on the golf carts it is anywhere in the 25 mph speed limit. Poly made a motion to add golf carts and 4-wheelers to the agenda; Stearl Branham seconded the motion; a vote was taken and all members were in favor. Mayor Deel made a motion to add Don Hill to discuss a new business coming into Clinchco; Stearl Branham seconded the motion; a vote was taken and all members were in favor. Ralph Sutherland made the motion to approve the agenda as is with the changes; Stearl Branham seconded the motion; a vote was taken and all members were in favor.
Announcement from Mayor:
Mayor Deel stated Ralph Mock Jr. will be by tomorrow so Tina can type him up a resignation letter. He is resigning. We need to be thinking of someone else before our next meeting. As the law states right now we can appointment someone to his seat. Mayor Deel advised Susan that Reba will be getting ahold of her the next day. Legal process was discussed of posting the new town ordinance. Ralph Sutherland made a motion to start the process of the new ordinance and let Susan check on it; Trevor Counts seconded the motion; a vote was taken and all members were in favor.
Dedication for Veterans Bridge and Coal Miners Memorial additions:
Mayor Deel asked council members for a good date for the dedications. The date was set for November 3rd at 1:00 pm for both dedications at the same time. Ralph Sutherland suggested to try and get ahold of the UMWA representatives and see if they can come down here for the coal miner’s dedication. Trevor Counts made a motion to hold both dedications on November 3rd, 2017 at 1:00 pm; Poly Branham seconded the motion; a vote was taken and all members were in favor.
Mayor Deel stated he would like to make an ordinance; I know we brought this up one time before over trailers being hooked to water and sewer within 90 days, if you remember Ralph we brought that into play on trailers. But, I would like to make it if anybody is living in Clinchco in a house has to be hooked to sewer and water within a 90 day period and no later. Susan stated that we need to make sure there isn’t already something that says this and then we can go forward. Ralph Sutherland suggested 60 days would be plenty. Mayor Deel agreed. Council had discussion about the 60 day period for water and sewer hookup.
Mayor Deel suggested to council for everyone to think about putting a couple of gazebos in town. Timberline buildings located in Clintwood would work with us and give us a pretty good deal. Possibility sitting one down on the corner and one beside the town hall.
Police Department white car:
Mayor Deel stated that brings us to Trevor’s motion over the white police car. Trevor Counts made a motion to bring the white police car back to the Clinchco Town Hall as soon as possible; Ralph Sutherland seconded the motion; a vote was taken and all members were in favor. Council had discussion over the police department and Mayor Deel stated how he felt that all the officers have done a good job over the years.
Full Time Police Officer:
Vice Mayor Ralph Sutherland stated he felt the town should have a full time police officer. The part time can never be here when the traffic is flying up and down the road. Mayor Deel stated right now we really cannot afford one but, agreed that it would be good to have one. Discussion was made over the cop grant coming back open soon and Mayor Deel explained how the grant worked over a 4 year period. Vice Mayor Ralph Sutherland discussed how he felt a quota on tickets would be a good idea. Mayor Deel disagreed with further discussion of what expectations the town should have on an officer. Trevor Counts made a motion for a 10 minute break; Stearl Branham seconded the motion; a vote was taken and all members were in favor. Mayor Deel stated at this time our ten minute recess is up and we will be back in session.
Trevor Counts made a motion to shorten the minutes on the Council to motions and votes and for important information; Mayor Deel seconded the motion; a vote was taken…..Mayor Deel asked for discussion before the vote was finished. Ralph Sutherland stated he felt we needed all the information we can get. Mayor Deel stated we just did the same thing in the housing meeting. Susan stated if someone wants to come in and listen to the recorder, she has to keep that but, there is no sense in typing out everything. If you look at other people’s minutes I promise you they are not like that. Ralph Sutherland stated I don’t know about other people’s minutes I just know when you read the minutes you can see what other people said. Susan stated I guess you all can vote on it. Trevor Counts made the motion to shorten the minutes to important information; Mayor Deel seconded the motion; a vote was taken; Trevor Counts vote yes, Stearl Branham voted yes, Poly Branham voted yes, Mayor Deel voted yes, Vice Mayor Ralph Sutherland voted no.
Discussion by Don Hill over a New Business:
Don Hill stated he would make this short. He got a call from his friend in Kentucky and it is complicated and he is interested in leasing an acre or two acres or maybe even smaller than an acre from the town. It could grow into about 15 jobs here in Dickenson County Don could not go into detail about the business since he was bound by a nondisclosure agreement. Mayor Deel stated maybe to potential use of land at the ball field above the house that sits up there. Mayor Deel suggested since he was under a nondisclosure agreement to bring him over show him a spot or two and get his opinion of where he might would like. Discussion was made over the property across the river that is already leased until sometime in 2018. Don Hill agreed that he might would come in here and you could show him the property you have. Mayor Deel stated to Don how the legal point that the council would have to go through. Mayor Deel stated to Susan to check on it pretty quick and let him know of how to handle to property across the river, Susan agreed. Mayor Deel made a motion to let Susan Wood check and see what exactly we would have to do on it and to let me know as soon as she can and we have to give other options or if he for sure wants it if it is a sure thing; Poly Branham seconded the motion; a vote was taken and all members were in favor. Mayor Deel stated to Don Hill and Trevor to correct him if he was wrong but, I believe you have to have a public hearing if you’re going to do something like that and give everyone an option. Don Hill and Trevor Counts agreed.
Mayor Deel stated that he thought they had a good turnout. They Mayor discussed the report of what the town spent for Clinchco Days and advised the planning committee still owed the town $100.00 for the band and $62.00 for advertisement.
Mayor Deel stated at this time we need to go into closed session under section 2.2-3711, I ask for a motion to go into closed session section 1, section 7, which will be personal and legal matters. Ralph Sutherland made the motion to go into closed session; Poly Branham seconded the motion; a vote was taken and all members were in favor.
Back to open session:
Mayor Deel stated he wanted to bring the meeting back into open session according to code 202-3712. Ralph Sutherland made the motion to come back into open session; Stearl Branham seconded the motion; a vote was taken and all members were in favor. Mayor Deel stated he would like a motion that all was discussed was legal and personal matters; Ralph Sutherland made a motion all was discussed was legal and personal matters; Poly Branham seconded the motion; a vote was taken and all members were in favor. Mayor Deel stated he would like a motion about what was talked about in closed session; Susan asked a motion for what; Ralph Sutherland stated .50 cents. Trevor stated $1.50 or more on the hour. Mayor Deel stated ok do I have a motion for $1.50 more for Tina; Poly Branham made the motion; Stearl Branham seconded the motion; a vote was taken and all members were in favor. To be taking into effect next payday.
Mayor Deel asked for council comments; no comments were made.
Mayor Deel asked for any public comments; Don Hill stated yes, with regard to this police dept. Don stated to create cash out flow statement, if they are considered employees and payroll, federal and state taxes. Does this represent the full cost having these four people; Don suggested creating reports to justify the part-time employment the town has versus a full time officer. If the total expenses will exceed the cost of running the police department. The second part would be to take the incremental cost and figure up what a full time officer would cost and see what the incremental difference is; it may be you could afford a fulltime officer. Mayor Deel stated he disagreed; it would not offset it enough to pay for all the other benefits the town would have to carry on a full time officer. Don stated he was a retired CPA and he would believe the numbers, I disagree with your opinion but, I will fight till the death for you to express your opinion. Don stated you believe the police department is paying for itself; Mayor Deel stated yes they are. Don stated that answers all these questions here you had. Discussion was made over ticket money, Don stated their ticket money should not even be a part of the conversation to write tickets and break even with a quota, Mayor Deel stated he has never gave them a quota. Don discussed the mileage sheets kept by the police department you should have those and present to council so they can look at it and it takes you off the hot seat. Don discussed the ordinance in Clinchco in order to enforce any use of land you have to have dictate what land use is. You have to have zoning, administrator and it is very expensive. We probably don’t have the money for that so you have to be careful about dictating land use. Don made discussion of how Clintwood zoning rules are and advised to check with council. Mayor Deel stated she is going to check on it. Don stated how the town is limited on what they could dictate to a landowner. Mayor Deel stated throwing crap in the creek. Don stated that is more of a health issue. Mayor Deel stated he knows of one behind Triple T and we called the social services and they said as long as they were adults and were in sound mind there was nothing they could do. Don expressed his enjoyment as being a judge at the car show and how he felt that could be something really grand for the town and to increase them in the town. Trevor stated we have already discussed this. Discussion of how everyone really enjoyed both bands to played during Clinchco Days. Don stated in order to schedule these car shows and to have good attendance you need to check in and see what else is going on in the county and then schedule it when it’s not conflicting with the car show. Mayor Deel agreed.
Vice Mayor Ralph Sutherland made a motion to adjourn the meeting; Poly Branham seconded the motion; a vote was taken and all members were in favor.