April Council Meeting Minutes

TOWN OF CLINCHCO

COUNCIL MEETING

MINUTES OF MEETING ON APRIL 13, 2017

 

MEMBERS PRESENT: Mayor Jarvis Deel, Vice Mayor Ralph Sutherland, Member Stearl Branham, Member Hurbert “Poly” Branham, Member Virginia White, Trevor Counts

MEMBERS ABSENT:  Ralph “Pickle” Mock, Jr.

TOWN CLERK: Tina Bartley (Absent) 

TOWN ATTORNEY:  Susan Wood

Call to Order & Welcome by Vice 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 their minutes; and if so, I would like for somebody to make a motion to approve the minutes.  Vice Mayor Ralph Sutherland 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 treasurers report and if anybody has any questions on the treasurers report; Virginia White stated yeah, when do all these sheriffs here, when do they work, I haven’t seen them.  Mayor Deel stated well, if you will look up there where it says DC Clerk Office that $500.00 is ticket money.  Virginia White stated well, I haven’t seen them working.  Mayor Jarvis Deel stated well, I couldn’t actually see him from down there at Roanoke but he called me and told me he was down here in town working.  Poly stated he would like to ask a question; you got $500.00 down there does that have to go to the court house before you get your money or; Mayor Deel stated yeah, they get their share of it then they send us our share.  Poly asked do you get it every month; Mayor Deel stated no, we don’t get it every month.  Tina Bartley stated no, it’s every month.  Mayor Deel stated oh, I was thinking it was every two or three months.  Poly stated, I didn’t know I was just curious about it.  Mayor Deel stated that he had called about somebody’s restitution today and the way that was explained was every quarter.  Mayor Deel asked the Town Clerk Tina if that is what she said.  Tina stated she said it would be every quarter to maybe six months that when they cut the checks they do it in a big bulk.  Mayor Deel stated if anybody has any questions about that Appalachian auto that is he had to buy parts for the bronco.  Virginia White stated these taxes that was paid is it on that house right up there.  Tina stated it was on that little piece of property.  Virginia stated so the town has got that deed now; Mayor Deel stated yeah, well we had the deed on it to start with.  They have never sent us no tax tickets to begin with then all at once they give me a phone call that they were going to put it in collections and if we were going to keep the land or what.  I thought that’s odd we have had the deed since 2012 on that land.  The $200.00 on BB&T that is the town credit card where we got the lawn mower which the mower should be paid for now that’s why it has QuickBooks, hitch, weed eater string and security cameras hopefully we will have all that paid for pretty soon.  Virginia asked this right here where it says asbestos sampling what is that; Mayor Deel stated ok, were we did the grant and we was fooling with the post office with the grant I had Chris do some asbestos sampling that way nobody could say anything about the town if we do get the….you know she has already gave us permission to tear it down if we get the grant and tear it down.  As you all know all we have heard is asbestos, asbestos, asbestos.  Ok, he took five samples and there is not a bit of asbestos in that post office.  That was just to cover us cause were we would be tearing it down through the town grant, I just wanted that way it didn’t come back to bite us on any asbestos.  Vice Mayor Ralph Sutherland stated I really, I mean I don’t think unless they gave us the property or sold it to us that we should put any money in it.  Grant or other wise to tear it down for somebody else.  Mayor Deel stated well actually that is the only money we are putting in it.  Grant will pay for it; we aren’t going to put no money in it other than that right there.  Vice Mayor Ralph Sutherland stated well that is what I say even with the grant that is there responsibility and we’ve got laws that says that they have to tear it down.  Mayor Deel stated the building inspector said really, if Arlene wants to be hard headed all she is got to do is put a couple more boards on them windows on that building over there and there’s not a thing we can do about it.  Vice Mayor Ralph Sutherland stated that he disapproved on that.  I mean there is all kinds of ordinances in there, even with the looks of it you can have it tore down.  There are ordinances in the code of Virginia all that says…..Mayor Deel stated I am just telling you what the building inspector told me.  Ralph stated yeah, I mean he told you that but I am saying if it come down to law, I can bring you several different….Mayor Deel stated oh, I know what you are talking about but the building inspector told me, if I can’t get the building inspector to tear this down how am I going to do it.  Ralph Sutherland stated them people are responsible for tearing it down, you’re not,  it is there eye sore.  Mayor Deel stated if you will read your ordinance Ralph, read it all the way through not just part of it.  It will say if they refuse to tear it down and we do that we have the right to put a lien against the taxes on it.  Mayor Deel asked Susan if that was right.  Susan stated, I don’t know that part of the code section, I don’t deal with that very often so I cannot say without reading it, one way or the other, I don’t know I haven’t looked at it.  Mayor Deel stated we do have the right that we can tear it down or sell, but if we do we have to pay for the tear down and then we have to take a chance on getting our money back out of her.  Ralph stated well, let me get some ordinances and I will give them to her and she can look it up.  Susan asked if it was ordinances that you all have passed in the town; Mayor Deel stated no, it is regular state ordinances.  Poly stated I figured that may be like a danger to somebody if it would fall.  Ralph Sutherland stated well, it would be.  Poly stated it is a hazard.  Trevor stated that is not the only one that is here, I mean look at these other houses and stuff, anybody could get hurt in these other houses it’s in the town ordinance I mean it is not just only that anybody but that house up there, this one there….you know I could count them on my fingers.  Anybody could get hurt and sew the town.  Mayor Deel stated they would have to sew the property owner they couldn’t just sew the town. Ralph Sutherland stated well, I went over there three times with a check and every time I went over there I think Gerald Gray was the lawyer at that time and every time I went over there they would come up with something different wanting more to it and Gerald Gray finally said if I had to do that then forget about it.  I had a check wrote out three different times for the amount they said they would take for it but it was for the old post office itself there wasn’t no land with it.  But it was three different times I went over there they said they would sell it. Virginia White stated and they auctioned it off up there.  Mayor Deel stated I can remember all the way back to 2004that post office would have done been gone, but it is still standing.  Poly Branham made a motion to approve the treasurers report; Virginia White seconded the vote; a vote was taken and Trevor Counts voted aye, Virginia White voted aye, Poly Branham voted aye, Stearl Branham voted aye, Vice Mayor Ralph Sutherland voted no, Mayor Deel voted aye.

Agenda:

Mayor Jarvis Deel asked if everybody has looked at their agenda; does anybody have any additions they would like to make to the agenda; Ralph Sutherland asked how do you go about volunteering for the housing board; Mayor Deel state council can appoint and votes on it.  Susan agreed.  Mayor Deel asked if he was wanting to be added on as an addition to see about getting on the housing board; Vice Mayor Ralph Sutherland stated yeah, I would like to volunteer we can’t get nobody else so.  That would make 8 wouldn’t it.  Mayor Deel stated uh, I think that will make it six, but actually if we would have had our housing meeting we were going to talk about amending our bylaws some and actually I am going to get ahold of Matt Weaver from DHCD in Richmond and make sure we can amend it that way we can have 5 instead of 8 that way if we do fall short we still got enough and then I am going to also ask him about Tina if she cannot be on the board and be a member on the board but she would have to be a member without a vote because she doesn’t live within the town.  Trevor Counts stated that is how we had Jenny Faye she couldn’t vote but she could…we had her for cause we had to have one more, they put her on there,  but she couldn’t vote.  Mayor Deel stated that way we can still keep her name as secretary so that is what me and Susan come up with and make sure that is the legal way and we are doing it the right way.  Ralph Sutherland stated now that was a government grant that wrote up these things and Matt is the one involved.  Mayor Deel stated yeah, they will have to pass them if we amend them it won’t just be the housing pass it then pass it on to the council to pass I think the process will be the housing then the council then the DHCD and see if the DHCD will approve it.  Ralph Sutherland agreed with Mayor Deel.  Mayor Deel asked for a motion to approve the agenda with the addition to bringing up Ralph Sutherland for the housing board.  Poly Branham made a motion to approve the agenda; Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.

Old Business:

Bridge Dedicated to Veterans:

Mayor Jarvis Deel stated the Bridge that we are trying to get dedicated to the Clinchco Veterans Memorial Bridge; I have got everything started or me and Tina have got everything started with the Board of Supervisors.  I will be at the Board of Supervisors meeting next week on Monday night if anybody wants to go and they will be doing the resolution.  Virginia White asked what bridge; Mayor Deel stated the old #9 bridge.  Virginia stated wouldn’t it be more feasible to put it where shifty powers lived or right there at brick flats.  Mayor Deel stated this don’t have anything do with Shifty.  Virginia stated he will be on it.  Mayor Deel stated he is not the only one on it.  Virginia stated that is what I said he will be on it.  Mayor Deel stated yeah,….Poly stated they have one already up for Shifty over there at Cranes Nest.  While you’re talking about Shifty that sign is tore down again at the Fire Dept. the whole post is down.  Mayor Deel stated someone run into that postand Ralph said someone tore that one down at Tarpon.  Trevor stated it was there Sunday, I have been looking you know.  Poly asked if it was that one right up here; Trevor Counts stated yeah.  Poly stated it has been tore down a week.  Trevor stated it was there Sunday.  Poly asked if it was standing up; Trevor Counts stated yes.  Poly stated well somebody put it back up because I am telling you it is down again.  Mayor Deel asked if it was the whole post.  Poly stated yes it was the whole post.  Mayor Deel asked if the sign was still on it.  Poly stated yes sign was still on it.  Mayor Deel stated that Ralph Sutherland had said the post was still up but the sign was gone, the one up Tarpon.  I was telling Ralph were we have 233 Clinchco Veterans that we could find and that is from WWI, WWII, III, Vietnam and all the others.  If we put a sign like that the Town would have to make that sign and put it up.  Now as far as the bridge being dedicated it will probably go on the bridge like Shifty’s did and that way people can see it as they go by, up and down.  David Moore told me they are going to do the resolution over there we were set for that and they will do the resolution over there Monday night.  He still has to get back to me over the flood plain stuff.  Ralph Sutherland asked if it was going to be called the Veterans Memorial Bridge; Mayor Deel stated it will be Clinchco Veterans Memorial Bridge.  Poly asked Mayor Deel if he had a list of all those Veterans names.  Mayor Deel stated yeah.  Poly asked if he could have a copy of it.  Mayor Deel stated yes, I can have Tina make you a copy.  Trevor Counts stated just make you know, just make some copies please.  Virginia White stated we might think of somebody you didn’t.  Mayor Deel stated, I didn’t think of any of them.  Dennis Reedy and the historical society, I wouldn’t have had these.  Pick was supposed to have went….Trevor Counts stated Pick and Don Hill was supposed to have went to get some names, they said they would do and…..Virginia White asked if Tony Morgan’s brother was on there.  Mayor Deel stated I would say he probably is.  Virginia asked Ralph if it was Tony’s brother Kenneth that got killed in service.  Ralph Sutherland stated it probably was, I wouldn’t say so, cause I absolutely don’t remember.  Poly asked if England Woods was on there. Ralph Sutherland asked if he was here.  Poly stated yeah, but he is dead now, I mean he was in WWII.  There were three Woods there, Dock Woods, England France, and Calvin Woods he got killed over there and a lot of them and that is three of my family members right there.  Now England he didn’t get killed over there but he come back. 

New Business:

Rules for Public Comment Procedure:

Mayor Deel stated we will move on to new business, but I didn’t think about it there, but I would like to add the paper about where we run our meetings.  What we will do is we will vote on that and everything when she brings it in here.  The Town of Clinchco Public comment procedure and other words people of the public can be called upon with a show of hands or can be added to the agenda if they call 24 hours before time for the meeting.  Time limits, who ever had this old one had 5 mins, but I saw something in the newspaper about legal thing to do with the school over that, so I figure really right now no more people than we have show up right now I think, I think we ought to be interested enough to let them speak as long as they need to, to get their point out.  That’s my opinion that is what we are here for to listen to whatever anyone wants to holler at me about.  Then if there is a representative of a group they may have whatever time it takes to make a presentation but the representative shall identify the group at the beginning of his or her presentation.  A group may have more than one spokesperson or we can we say they have one which ever one you all want to go with.  Poly Branham stated like you said no more than a crowd that we got they won’t go over 5 or 6 I would say.  Mayor Deel stated and prohibited from office would be campaigning for office, promoting private business, use of profanity or vulgar language, gestures.  Use language which insults or demeans any person or which means citizens have the right to comment on our performance, conduct and qualifications.  Make nondermain or frivolous statements.  Interrupt other speakers or engage in behavior that disrupts the meeting including but not limited to applause, cheers engage in behavior that intimidates others address the council on issues that do not concern service, policies or affairs of the town.  And that would be about it.  With that being said would everybody like to have that drafted up and we make a motion of it for our public comment and hearing.  Because what it is when everybody is, you know we have quite a few in here sometimes and then everybody goes to talk over each other.  Tina can’t understand it on the minutes, I had to help her the other day with some minutes and you just couldn’t make out what everybody was saying because too many people talking.  So that is what it is all about.  Mayor Deel asked for a motion to have that accepted as our new Town of Clinchco public comments procedure.  Ralph Sutherland stated he thought they should discuss a little more about the time on it.  There are some people that can talk about 30 mins on one thing telling what their idea was or what they wanted or something.  I know you need to get your point across and all but that just seems like….I mean 30 minutes passed and they ain’t done yet, I mean what are the other people going to do.  I mean myself I think there has to be some kind of time limit on it.  Poly stated most places give them five minutes we can give them ten minutes that is double.  Anyone should be able to express…..Mayor Deel asked Susan what was that law suit with the school board only giving them 5mins all about; Susan stated she didn’t know anything about that, if you want me to look into it I can look into it.  Mayor Deel stated it was in the paper.  There was something in there about how they were cutting people off on their five mins.  I think someone started some kind of legal action on it or something.  Any how it was a big enough article to make an article in the newspaper over it.  Poly stated he felt 10 mins….Ralph Sutherland stated 10 mins is a long time for a person to talk.  Mayor Deel stated we will let Susan check the legal thing on it since it was brought up in the newspaper on it and make sure.  With that being said when Susan gives us the time limit on it they can go 10 mins and be legal, everybody be happy with that; members agreed.  Mayor Deel asked for a motion for them to speak no more than 10 mins.  Trevor Counts made the motion for the public to be able to speak 10 mins.  Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.   Mayor Deel stated we will let Susan check on that and if they can talk for 10 mins we will let them go 10 mins.  Poly stated I think that is reasonable time for a person. 

 

Water is Life Meeting:

Mayor Jarvis Deel stated the Water of Life meeting that I went to where the kids come in to here and I mean really what that does is gets Clinchco out there more.  We have more pictures down there, the Town of Clinchco with the kids.  They also teach you about sponsor ship, raising the money and trying to get donations like we do here and that way what money comes in can go back to the town instead of spending all of it you know it brings money into the town.  So far we have done really good about getting donations in for the town.  And you all, thank you for what you do.  Fas Mart helps, Food City and Lowes they are wonderful to us.  They wanted me to speak this time but luckily they ran out of time. 

 

Receipt for Auto Parts purchase:

Mayor Jarvis Deel stated the receipt for Auto Parts it is for 18 dollars and something for parts for the bronco.  I broke down beside the four lane going to Lowes and I had to by an idler to go on it, belt tension pulley that thing broke all at once and dropped everything off of it and the belt wrapped around it and I did not know.  It is $18.94 is how much the tension pulley costed.  And I had to pay for them off of my card; I didn’t have the town credit card with me.  I would just like to know if I can get my money back.  Trevor Counts made a motion for Jarvis to get his money back, time paid for his money, for him putting it on and what he had to do.  Mayor Deel stated I don’t need that.  Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.  Trevor Counts made another motion if he is out on the road again and something happens like that Jarvis to be repaid.  He doesn’t have to ask us.  He brings the receipt back to Tina and Tina writes him a check.  I mean not no $100.00 or $200.00 or something like that.  Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.

 

 

Council Comments:

Poly Branham stated that he and Steal Branham was above the ball field today and there are chips again up there all up and down the side.  Mayor Deel asked where at; Poly stated up above the ball field.  Somebody has been up there with what looks to me like a front end stuff try to scoot that stuff, them couches out of the way.  Mayor Deel stated oh, it’s up there above the town limits.  Poly stated yeah.  Stearl stated it looked like probably 7 or 8 loads.  Mayor Deel stated that would have to be Asplundh.  Ralph Sutherland stated looks like you could call Eugene.  Mayor Deel stated he will get ahold of Eugene tomorrow and see if he knows about it.  Cause actually when I went over there the other day looking at those trails is seen them old couches over there and Eugene was supposed to come and got them a long time ago.  But now as far as the chips I don’t know if they got permission from Forest Land or not.

Public Comments:

Mayor Deel asked for any public comments; Ann Branham thanked everyone that helped with the Easter Egg hunt, it went really well.  Mayor Deel stated you are welcome I just wish we had more to give.  Poly stated well start saving up and maybe next year we can.  Mayor Deel stated it just hit us at a bad time right now our quarterly taxes come due and this is the time like I explained last year this is when our money starts dawdling down a little faster cause of taxes and everything.  But in August we should get our severance tax money.  Ploy stated they have been hauling some down through here.  Mayor Deel stated yeah, it has picked up, I heard though some whispers over at the board of supervisors the other night I was kind of listening to it about the coal severance.

Adjournment

Trevor Counts made the motion to adjourn; Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.