March Housing Meeting Minutes
TOWN OF CLINCHCO
MINUTES OF MEETING ON 3/23/2017
MEMBERS PRESENT Vice Chairman Don Hill, Trevor Counts, Virginia White, Randy Moore, Chairman Jarvis Deel (was present but unable to attend the meeting due to helping Maggie Costello with People Inc.)
MEMBERS ABSENT 3/23/2017: Frankie Gulley, Edna Gulley
Town Attorney: Susan Woods
Town Clerk: Tina Bartley (Absent)
On 3/23/2017 I didn’t hear anyone call the meeting to order on the recorder.
Welcoming and moment of silence:
No moment of silence was held.
Approval of Minutes:
Vice Chairman Don Hill stated when everyone gets done doing what they are doing he will ask for a motion to approve the minutes. Trevor Counts made a motion to approve the minutes; Virginia White seconded the motion; Vice Chairman Don Hill asked if there was any discussion over the minutes; no discussion was made. A vote was taken and all members were in favor.
Approval of the Treasurers Report:
Vice Chairman Don Hill stated the next item on the agenda is approval of the treasurer’s report; Don asked for a motion to approve the treasurer’s report; Virginia White made the motion to approve the treasurer’s report; Randy Moore seconded the motion; Don asked if there was any discussion; no discussion was made. A vote was taken and all members were in favor.
Additions to the agenda:
Vice Chairman Don Hill asked if there were any additions to the agenda; Virginia White asked if this was moving forward on this house right here, and maybe Susan can enlighten you on that. Don stated as far as I know we will have an update on that tonight. Susan stated I think that probably anything that needs to be discussed legally; Randy Moore asked what they were talking about; Susan stated that would need to take place in a closed session. Don stated sure. Don asked for a motion to approve the agenda; Randy Moore made a motion to approve the agenda; Virginia White seconded the motion; Don asked if there was any discussion; no discussion was made. A vote was taken and all members were in favor.
Appointment of Complaint and Appeal Board:
Vice Chairman stated the next item is old business; do we know anything about what that board is supposed to consist of, how many people; Virginia White stated no, they didn’t say. Don asked do we know anything. Susan stated it is in your all’s minutes and bylaws. Don stated is it; Susan stated yeah. Don stated maybe we all should have a copy of those bylaws; Susan stated well, I would hope that you all do. Don stated we do not, I do not, do you, does anybody have a copy of those bylaws of the housing board. Virginia stated I had something that had all that stuff on it, I don’t think I have got it now, I don’t think that is it or not. Susan stated that she thought it would be prudent for everyone to have that information. Don asked if that was a motion; Susan stated that she couldn’t make a motion. Randy Moore stated that he would make that motion. Don stated ok, I have a motion for the housing members to receive a copy of the housing board bylaws. Trevor Counts seconded the motion; Don asked if there was any discussion; no discussion was made. A vote was taken and all members were in favor. Don stated so I guess Madam Council you can tell us how many people needs to be on this board. Susan stated I haven’t reviewed it specifically today but as I said it is all in the bylaws and this packet, but I would hope everyone could get after today. If you want me to read it, I can certainly try and find you an answer, but. Don stated I would just like to know how many people it requires, that’s all I need to know. Susan stated let me look through here. Well first off as far as the housing board goes you need a Chairman, Vice Chairman which I assume you are the Vice Chairman since you are conducting the meeting, since Jarvis is in there. Don stated you assume that right; Susan stated I assume that. You also need a secretary. Don stated yes I think we got that. Susan stated ok, you know who they are; Don stated yes, Jarvis, myself and Tina. Susan stated that Tina can’t be the secretary because she isn’t a member of the board. Don asked do I have a motion here to….Trevor Counts stated well let me ask something; Don stated ok. Trevor stated like Edna Gulley and Frankie Gulley she has been on it for many years and she has not showed up for any meetings and Edna got on it and she has been to a couple or so. I mean shouldn’t someone get in touch with them and see if they still want to be on the housing board and see if there not that we can be look for two more. Don stated there is a procedure for removing people for cause, I guess. Susan stated any member of the board can be moved for town council for inefficiency or neglected duty of malfeasance in office. Don stated inefficiency, that is a broad term and if you haven’t attended a meeting in a year and a half that is probably insufficiency cause. Now this is in the bylaws that you are looking at. Susan stated absolutely. Don stated and town council will have to remove someone who is depletory. Susan stated exactly. Don stated there is your answer the town council has to remove those folks we can’t do anything about it. Trevor stated thank you. Don stated we probably need to bring that before the council tonight. Virginia you are on the council. Virginia White stated yes. Don stated and Trevor you are on the council. So you all need to bring that up tonight about removal. Susan then stated then it states in your bylaws what the responsibilities are for the chairman, vice chairman, and what your secretary should do. These positions are elected by the board members let me make sure and maybe the town council. It states shall be elected by membership of the board. Ralph Sutherland stated let me ask this. Don stated ok we have 5 people now and we need 3 person majority there to appoint these people. Susan stated yes. Don stated ok. Susan stated it says nomination of officers should be made at the last meeting of the calendar year of each year. Election of officers should follow immediately the candidate receiving the majority membership should be declared elected. Don stated so we have to redo this every year. Susan stated you are supposed to. Don stated thank you. Susan stated the term of office shall be one year. Don stated thank you. Susan stated any vacancies in the office shall be filled for the unexpired portion of the term. Don stated ok but it doesn’t say how many members yet. Susan stated this is just for the housing board so. Don asked if it was 8, Susan; Susan stated it is 8 members including project director, mayor and two town council members and I think project director is what we are supposed to be getting into as far as the first question that committee, correct; Don stated the appeals and complaint board; project director and what else; Susan stated the board shall consist of 8 members including the project director, mayor and two town council members. Don stated ok. Susan stated so 5 people of the community. Do you have a project director; Don stated no, the Mayor and two council members are on this present board, we have no project director. So we could add 3 well who ever the project director is we can add additional members if we need to. Susan states you need a project direct, mayor and two resident liaisons to be known as spark plugs. Members of the board should be knowledgeable with the housing needs in the town of Clinchco and will receive a copy of the housing program design with any other appointments to the board. Don stated ok, so project director, mayor, two council members that is 4 people then we can have 4 additional ones if we want. Susan stated yes, well you need 8 members it states shall have 8 members. Don stated shall. Randy stated let me ask you one more question while you are digging through that paper work. Does everyone have to be within the town corporation limits; Susan stated that I don’t know it is not stated in here. I would assume. Randy stated well me too. Don asked why would you have anyone outside the town; Randy stated you would be surprised. Don stated nothing surprises me anymore I am at the age were it is just really hard to surprise me anymore. If you know somebody then we need to address it. Randy stated oh I don’t know nobody nowhere I was just asking. Don stated so you was asking theoretical. Randy stated theoretical. Don stated ok. Susan stated so do you have anyone interested. Virginia stated you can’t get anyone to be interested to sit on it. Trevor stated we have got 6 right now. Don stated so everything we have done has been null we do not have 8 members. You don’t have to answer that. Susan stated I am not. Don stated thank you. Don stated ok, this complaint and appeal board; Susan stated the complaint and appeal board proceedings any dispute arising be it for any reason, for home owners or contractors must be submitted in writing and given to the project director within 30 days. The project director and or program manager upon receiving these notifications of dispute. They shall take appropriate actions to resolve that dispute if the complaint is not resolved as satisfactory at this level it should be submitted in writing to the housing rehabilitation board or appeals board. Project Director shall document the appeals related to deliberation and report the appeals board rule in writing to the complainant to the Contractor housing board and to the DHCD community representative. Appeals board a three member board appointed if deemed necessary so that’s not a shall or have to, it says if deemed necessary, by the town and be responsible for resolving complaints that cannot be resolved by the housing specialist, housing board, project director and rehabilitation board. This board will be appointed at the appropriate time if deemed necessary. Don stated so you could set the appeals board up with the majority of one. Randy stated what it boils down to is you are going to have the same people sitting on every board. Because it’s hard to find anyone interested you cannot get any participation. Susan asked if there were any other questions I could possibly answer; Don stated I am sure there will be other questions before this is over with. We can have an appeals board and it can consist with a majority of one. It says three members if necessary. Susan stated no a 3 member appeals board appointed if deemed necessary, you have to have three people always or not at all. Don states so if you don’t need an appeals board. Susan stated then you don’t have to have it. Don stated so it’s not required, but if you have one. Susan stated it doesn’t say it is required, it says if deemed necessary. Susan asked have we had any complaints in writing; Don stated none that I am aware of. Susan stated it seems to me because it says contractors it should have been something that was set up during the time the work was occurring. Don stated I don’t think we ever had one set up. Randy stated it seems like you all aren’t listening to me to well so I will speak up a little louder, we did have a few written complaints at the end of the 1st phase. Susan stated well I wasn’t here then and I have no idea if you all had an appeals board at that time or not I am just telling you what it says now. Randy stated well I am sure we didn’t. Don stated you didn’t, and by the way I heard you. Ok it says appointment of complaint and appeal board and I guess that means we really don’t have to do that we are just supposed to discuss it as old business that is the way I take it.
Vice Chairman Don Hill stated…is that; Virginia White stated I would say that is them kids that came in here, don’t you; Don stated they are coming from Wisconsin during spring break and that all I know. Liz Silvers stated they came and painted the center cause were it was too cold and they couldn’t get out and do nothing and Tina called Drake and they painted the center. That’s the only place that I know they worked at but…..Virginia stated they worked at Sister Bernie’s the first day there were here.
Vice Chairman Don Hill stated I could take us into closed session right now but I don’t know the uh….Susan stated I don’t either. Don asked Randy to stick his head through the door and ask Jarvis if he could tell us the language so that I can take us into closed session. I don’t have it memorized nor do I care to. Vice Chairman Don Hill asked for a motion to go into closed session pursuant to code 2.2.3711 section 7; legal matters and section 3 and section 4. Cannot hear anyone make a motion on the recorder, Virginia White seconded the motion a vote was taken and all members were in favor.
Vice Chairman Don Hill stated he will bring the housing board back into session pursuant to 2.2-3712 and we will take a vote on the only thing that was talked about was legal matters. Trevor Counts made the motion; Virginia White seconded the motion; a vote was taken and all members were in favor. Susan stated you need to have a roll call vote; Randy Moore voted ya, Trevor Counts voted ya, Virginia White voted ya, and Don Hill voted ya.
Vice Chairman Don Hill asked for any public comments; Ralph Sutherland stated how many board members do you have to have legally. Don asked housing board; Ralph stated yes. Don stated 8. Ralph stated so you have to have 5 to have a quorum; Don stated yes 5. Don stated according to Susan we don’t have a choice but to have 8 and we need to get that done as soon as possible or she will be defending us in court in violating Virginia regulations of the grant. Don stated it says they shall be 8. Susan states that the bylaws can be amended if it is done correctly. Don stated well let’s give it a chance and run the ad. Ralph stated shouldn’t we leave the ones on the board there until we can get them replaced; Randy stated yes I do. Don stated well if we have 5 or 7 members we are still in violation. We shall have 8, we don’t have a choice. Susan stated let me just say you can amend the bylaw if done correctly.
Housing Member Comments:
Vice chairman Don Hill asked for any housing board member comments; Trevor Counts stated the only thing I wished that we could have called on the insufficiency of certain board members and I will talk about that in town council. Randy Moore we actually need to look for someone who is willing to sit on the board. You can put people on but you still have to have somebody come and sit on the board. Don stated so why don’t we run an ad and give everybody and opportunity. Randy made a motion to run an ad in the paper looking for new housing board members and interested in coming and sitting on the housing board; Virginia White seconded the motion; a vote was taken and all members were in favor. Don stated he wanted to make a motion and the motion will have a caveat with it, I make a motion that we advertise to solicit people….Virginia White stated for the housing board and the town council……Don stated not the council, council is elected officials. Don stated I make a motion that we advertise to solicit people to serve for town council. If we don’t find someone interested or satisfactory whatever it is the reason then I would say we need to mend our bylaws and reduce the numbers to, 8 to 5. Susan stated the bylaws may be amended by the majority vote after 30 days to prior notice. Don stated I am giving you 30 day notice now or I am not but this housing board and when this….we need to take a vote here now and that is my motion. Randy Moore seconded the motion a vote was taken and all members were in favor. Ralph stated let me make this suggestion what about putting something in the advertisement there that council they would be well let’s see if they good or bad. Susan stated let me just say the people who are on the board are supposed be appointed by the town council, I am not sure the town council needs to make a decision. Don stated well we can get the candidates and we can present it to them. Randy stated town council has to approve just about everything this board does. Don stated not really. Susan stated let me look into this a little bit deeper before you, I think town council….Don stated ok we know town council appoints who is on the housing board are you thinking the town council will have to decide on running the ad. Susan stated just let me look into this a little bit deeper before you…..Don stated ok, so what do I do with my motion resend it. Susan stated just let me find out. Don stated just leave it in place; Susan agreed.
Vice Chairman Don Hill asked for a motion to adjourn. Trevor Counts made a motion to adjourn; Virginia White seconded the motion; a vote was taken and all members were in favor.