September Meeting Minutes

TOWN OF CLINCHCO

COUNCIL MEETING

MINUTES OF MEETING ON SEPTEMBER 20, 2018

MEMBERS PRESENT: Mayor Jarvis Deel, Trevor Counts, Don Hill, Vice Mayor Ralph Sutherland, Herbert Branham, Stearl Branham 

MEMBERS ABSENT:  

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.  Mayor Jarvis Deel thanked council for all of their kindness they showed though his father’s death. 

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; Don Hill made a motion to approve the minutes; Vice Mayor Ralph Sutherland 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 reports (General and Police Department); Vice Mayor Ralph Sutherland made a motion to approve both treasurers’ reports; Strearl Branham seconded the motion; a vote was taken and all members were in favor.

Agenda:

Mayor Deel asked for any additions to the agenda; Vice Mayor Ralph Sutherland stated yes, when the time comes I would like to go into executive session; Vice Mayor Ralph Sutherland made a motion to approve the agenda with the addition of closed session under new business as item number four. Herbert Branham seconded the motion; a vote was taken and all members were in favor.

Old Business: 

Clinchco Days:

Mayor Deel stated I would like to do the way I done last year and ask for the same amount that we used the year before that we used for the town.  I make a motion for $1,500.00 be donated for the Clinchco Days to be used by the town. Vice Mayor Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.  Discussion was made over vendors and how they were going to set up.

Cell Phone:

Herbert Branham stated that he heard that the town couldn’t buy your phone and that is what the town voted for, unless you keep down exactly what calls come in and calls that go out on town business, have you heard anything about that; Mayor Deel stated no he hadn’t.  Council asked the town attorney to check in on that and see if we are legal.  Don Hill made a motion to continue to pay the cell phone bill until we hear back from our legal council and make sure; Stearl Branham seconded the motion; a vote was taken; Trevor Counts voted yes, Don Hill voted yes, Stearl Branham voted yes, Herbert Branham voted yes, Vice Mayor Ralph Sutherland voted yes, Mayor Jarvis Deel abstained from voting.

Town Clean Up:

Mayor Deel stated he had an update on the town clean up; he had a few people started on their places, I am still trying to run down an address or two on places other than that…. I know before we have mentioned professional grass cutters, but I know some boys that are around town and they would be good for what we need if you all would rather go that route, and it would be cheaper; Stearl Branham made a motion to hire local to do town clean up; Herbert Branham seconded the motion; a vote was taken and all members were in favor.

New Business:

Resignation:

Mayor Deel stated that he needed a motion to accept Virginia White’s resignation letter; Herbert Branham made the motion to accept the letter of resignation from Virginia White; Stearl Branham seconded the motion; a vote was taken and all members were in favor. 

Public Notice:

Mayor Deel stated the public notice would be that a vacancy exists on the town council (Mayor Deel read the official public notice that will be run in the paper out loud).

There exists a vacancy on the Clinchco Town Council. In accordance with the Town Charter and the Code of Virginia, the remaining members of the Town Council will consider making an interim appointment to the Town Council until the next general election in Dickenson County which will be November 5, 2019. You must be a registered voter, a resident of the Town of Clinchco and over the age of 18 years to be considered.

This notice will run in the paper for two weeks and then we can choose from the letters.

Mayor Deel stated that we will have to also run a notice in the paper for a public hearing.  I need a motion to accept this public notice and be put in the paper for two weeks over the town council member; Don Hill made the motion; Herbert Branham seconded the motion; a vote was taken and all members were in favor.

Public Notice:

Mayor Deel stated we need to have a public hearing and it will also run for two weeks and this notice is will be to conduct a public hearing at the town hall on October 18that 7:00pm for the purpose of receiving public comment regarding certain amendments to the Town of Clinchco Flood Plain Ordinance dated August 18, 2011

The proposed amendments are as follows:

1.    Section 1.1- PURPOSE to read as follows in pertinent part:

This ordinance is adopted pursuant to the authority granted to localities by Virginia Code Section 10.1-600 instead of 15.2-2280.

2.    Definitions: Section R to read in pertinent part: For the purpose of determining insurance rates structures for which the “start of construction” commenced on or after November 8, 2011 instead of April 4, 1983. 

3.    Article V: VARIANCES: FACTORS TO BE CONSIDERED shall omit any and all references to a Board of Zoning Appeals and refers all powers therein created to the Town Council of the Town of Clinchco Virginia. 

4.    Any reference in the Ordinance to a Zoning Administrators shall be omitted and replaced by the Dickenson County Building Inspector’s Office.   

Herbert Branham made the motion to run this amendment notice in the Dickenson Star for two weeks; Stearl Branham seconded the motion; a vote was taken and all members were in favor.                                

Closed Session:

Mayor Deel asked for a motion to go into closed session under code section 2.2-3711 section 7 (legal matters), section 4 (Personal matters) and section 1 (public officers).  Vice Mayor Ralph Sutherland made a motion to go into closed session; Stearl Branham seconded the motion; a vote was taken and all members were in favor.

Open Session:

Mayor Jarvis Deel stated at this time he wanted to bring the meeting into open session as required by Virginia code section 2.2-3712 paragraph D.  I would like a motion for someone to certify that only personnel and legal matters were identified in the motion of the closed meeting; Vice Mayor Ralph Sutherland made that motion; Stearl Branham seconded the motion; a vote was taken and all members were in favor.

Attorney:

Vice Mayor Ralph Sutherland made a motion that we let Miss Woods go as the Town’s attorney; there was no second, and the motion was never completed.  Discussion was made of past attorneys and the current attorney.

Council convened to a ten-minute recess. 

Council reconvened after a ten-minute break; 

Council Comments:

Mayor Deel asked for council comments; Don addressed the council of how the town is moving forward dealing with old issues and getting those issues resolved.  I commend you, Jarvis on your persistence with sticking with it, and all the time Jarvis spends down here with no compensation and Don thanked Jarvis for all his hard work.

Public Comments:

Mayor Deel asked for public comments; Clinchco Kiwanis addressed council and informed the council of what and how they can do to help the Town of Clinchco now and help in future plans. 

Adjournment:

Vice Mayor Ralph Sutherland made a motion to adjourn; Don Hill seconded the motion; a vote was taken and all members were in favor.