October Minutes

TOWN OF CLINCHCO

COUNCIL MEETING

MINUTES OF MEETING ON OCTOBER 18, 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: Greg Baker

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; Vice Mayor Ralph Sutherland stated why was it not written in the minutes that Miss Woods quit the town attorney job; Greg Baker stated he would like to address that Susan worked for him and that is his firm and discussion was made of past attorneys the town had and also addressed the town on past and current problems; Greg Baker asked the council if they would like to keep his law firm on as representation for the town; Ralph Sutherland made discussion of his feeling towards Susan Wood. Don Hill wanted to make it clear not every council member was on the same page; Don Hill made a motion we continue with the Baker Law Firm as the Town Attorney; Mayor Jarvis Deel seconded the motion; a vote was taken and all members were in favor.

Don Hill made a motion to approve the minutes as they are; Stearl Branham 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); Mayor Deel explained on the police report that it is because they have started all over again, Mayor Deel explained to Don Hill that after we get a little more money in the account we can start giving a breakdown of expenses. Don Hill agreed and stated he understood. Mayor Deel asked for any questions on the general account; Don Hill made a motion to approve the treasurer’s reports as presented; Herbert Branham seconded the motion; a vote was taken and all members were in favor.

Agenda:

Mayor Deel asked for any additions to the agenda; Herbert Branham stated he was unsure of where it needed to go when he asked a question last time about the cell phone; Don Hill stated old business; Don Hill made a motion to approve the agenda as is; Stearl Branham seconded the motion; a vote was taken and all members were in favor.

Old Business:

Council Seat:

Mayor Jarvis Deel stated he wanted to let Greg Baker explain over the council seat; Greg Baker stated here is where we are on the council seats; Ralph Mock Jr. resigned and the law required; allowed you all to make an interim appointment until the next general election and the next general election is next month. That is why the court ordered a special election. This election and whomever wins will serve the rest of Ralph Mock Jr. term which be June 30, 2020. We now have a resignation of Virginia to fill, now you all can fill it by an interim appointment until the next general election, which means whomever is appointed in that seat would have to run next November when the county elections are. Then they would have to turn right around and run again when the town election is in May, we wouldn’t have any choice. That is the reason I am saying we need to find people to stay on because it is costing about $1,500.00 - $2,000.00 for a special election. It is what it is and we can’t get around it to be legal. Here is what I suggest is you have Don running next month and you have Nathan running next month as well. I would defer on making an interim appointment tonight, until you see who wins that race and that person will be in Ralph Mock’s place until 2020, then next month we can make an interim appointment. Depending on who you put on tonight might be the one who wins next month and if that is the case we will have a mess on our hands. Council agreed.

Cell Phone:

Herbert Branham stated we didn’t know that much about it, the cell phone bill. A lot of people is coming to me asks me why are we paying the Mayor’s cell phone bill. My question is; is it legal for the town to pay the cell phone bill; Greg Baker replied here is your answer, we need to consider how much Jarvis uses the cell phone for town business. I think we all can agree it would be impossible to know exactly how much is town or how much is personal. I think the answer to a great extent Mr. Branham is what Jarvis would say about he actually used for town or personal. Jarvis stated the different localities that get ahold of him for business purposes, which were many. Greg stated to Herbert, it is not necessarily illegal for you to pay his bill. It is up to council to decided if you want to pay some, part or all of the bill. Greg stated it is not unlawful. Herbert Branham stated to Jarvis, I would like to know so I can tell other people are we paying your phone plus the bill or exactly what. Mayor Deel stated there is a $7.00 fee on the bill for the phone. Greg stated as long as council agrees of what and how much they want to pay, and I don’t want you all to think you will get in trouble, because you are not. Mayor Deel stated if I am correct this also opens my cell phone up to the freedom of information act. Greg Baker agreed. Herbert stated we have already voted on it and all I wanted to do is find out if it is legal. Greg stated yes, it is council discretion.

Deeds:

Don Hill stated he wanted to discuss the deeds, what is the status of the deeds that we were going to do and complete and send to these folks, that we would forgive. Greg stated they already have their deed, we just have to release the lien at the court house, the certificate of satisfaction, I am working on those.

Resign:

Don stated the other thing I wanted to ask is if I stand up in the meeting and I state, I resign, I quit what is the ramification of that; Greg stated you have to have a written letter of resignation.

New Business:

Amendment and Adoption to the Clinchco Flood Plain Ordinance:

Mayor Jarvis Deel stated he wanted to ask at this time for a roll call vote on the flood plain ordinance; Vice Mayor Ralph Sutherland made a motion to amend the flood plain ordinance; Herbert Branham seconded the motion; a vote was taken and all members were in favor.

Mayor Jarvis Deel voted aye, Vice Mayor Ralph Sutherland voted aye, Trevor Counts voted aye, Don Hill voted aye, Herbert Branham voted aye, Stearl Branham voted aye.

Chamber Dinner:

Mayor Deel stated the chamber dinner will be held December the 7th, over at the Breaks Interstate Park this year.

Expenditure Report for Clinchco Days:

Mayor Deel stated we have all of our receipts if anyone would like to see them. The total we ended up spending for the whole thing was $766.34, but we also collected $230.00 worth of donations. Which the total amount spent with the town is $536.34. Mayor Deel explained the donations came from people who were really interested in the car shows. Mayor Deel also wanted to acknowledge Gary and Betty Hay they worked really hard on this stuff. Greg asked where does this donation money show; Jarvis Deel stated that no, that is what we wanted to talk to you about. Greg agreed that yes, we should open up a car show account that way we can separate the funds.

Marsha addressed town council:

Marsha addressed the council in urging the town in hiring a grant writer. Don Hill made a motion to advertise and look for a grant writer, Trevor Counts seconded the motion; a vote was taken and all members were in favor. Greg Baker stated he would draw up the RFP and send it to the clerk for publication.

Marsha stated she also wanted to ask the town for a donation of $500.00 for the Clinchco Kiwanians Club; Don Hill made a motion to donate $500.00 to the Clinchco Kiwanis; Stearl Branham seconded the motion; a vote was taken and all members were in favor.

Marsha also addressed feelings that she had regarding the town.

Council Comments:

Mayor Deel asked for council comments; no comments were made.

Public Comments:

JR stated for Halloween night, what time will the town be celebrating; Mayor Deel stated 5 – 8 pm. JR stated ok, we will have bouncy houses and some popcorn. We will be down here around 1 or 2 to set up. November 17th, we have an auction booked we will have to start at 5pm we have so much stuff to go through. We also will have a grant of $1,000.00 to beautify Clinchco, if you have a flower garden for $50.00 let us know and we can help get that done. Also, if you know of a place that can hold around 2,000 people, we would love to have a concert in Clinchco. Pretty much contracts have been signed we just need a date and a location by January. The three we have are Kentucky Head Hunters, T Graham Brown, and Exile. The possible day may be the second week in May.

Adjournment:

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

Meeting MinutesNathan Yates