December Minutes





MEMBERS PRESENT:Mayor Jarvis Deel,Trevor Counts, Vice Mayor Ralph Sutherland, Herbert Branham, Stearl Branham, Nathan Mullins








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.  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’ reports (General and Police Department); and if they have, I would like to ask if anyone has any discussion over the reports; no discussion was made.  Nathan Mullins made a motion to approve the treasurers reports as is; Vice Mayor Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.



Mayor Deel asked for any additions to the agenda; no additions were made.  Vice Mayor Ralph Sutherland made a motion to approve the agenda; Stearl Branham seconded the motion; a vote was taken and all members were in favor.


Old and New Business:

Closed Session:

Mayor Jarvis Deel stated at this time we will need to go into closed session; according to code section 2.2-3711, section 1 (discussion of candidates), section 5 (discussion concerning expanding of a facility of the community), section 7 (legal matters), section 20 (discussion of plan to protect the public and safety) and the first part of the closed session, I would like to ask Ron Kendrick to go with us.  Herbert Branham made a motion to enter into closed session; Stearl Branham seconded the motion; a vote was taken and all members were in favor.


Reconvene into open session:

Mayor Jarvis Deel asked for a motion to come back into open session; under code section 2.2-3712.  Vice Mayor Ralph Sutherland made a motion to come back into open session; Nathan Mullins seconded the motion; a vote was taken and all members were in favor.


Mayor Jarvis Deel stated he would like a motion stating that all we discussed in closed session was what we went back there to discuss.  Town Attorney stated the motion needed to include; that council is certifying that only such public business matters that were identified in the motion to go into executive session were the only matters that were discussed or considered by town council, while in closed session.  Vice Mayor Ralph Sutherland made the motion; Stearl Branham seconded the motion; Roll Call Vote: Vice Mayor Ralph Sutherland voted yes, Trevor Counts voted yes, Stearl Branham voted yes, Herbert Branham voted yes, Nathan Mullins voted yes, Mayor Jarvis Deel voted yes 


Old Business:

Gilmore Street:

Mayor Jarvis Deel stated as an update on the signs on Gilmore Street, will be ready for pickup by tomorrow.


Spring Break kids:

Mayor Jarvis Deel stated as an update on the spring break kids coming.  They will be coming March 16th  – 22ndwe should have 25 children from St. Josephs University.  We will be having a phone conference with them on January 23rdand then we will be able to update you better.


Discussion regarding the Holidays:

Mayor Deel stated that at the last meeting we had discussed the Planning Committee, and the Kiwanis Club getting together and decided what they were going to do and then come back and let me know something, and I really didn’t know anything.  If I can get one person from each club and let them update us.  Vice Mayor Ralph Sutherland, and Trevor Counts gave an update on their Christmas party for the kids.  JR, from the Clinchco Kiwanis Club updated the town council on the tree lighting celebration. 


New Business:

Pine Trees:

Mayor Jarvis Deel asked Town Attorney to address the pine tree situation; Greg Baker explained that the pine trees are on private property.  The town cannot go on private property and trespass and cut down trees.  Sue was trying to figure out how to get ahold of these people and hopefully get them to cut the trees. 


Letters of invitation:

Clinchco Representatives:

Mayor Jarvis Deel welcomed David yates to the meeting, and stated what he would like to do is open up the floor and let anyone who wants to talk to him, one at a time; Greg Baker asked David if he would first like to say anything to the group; David Yates stated he was here to respond to the letter of invitation, for you to speak your input, your needs of the community, and I can understand one concern of course, the school, and I will address any question you want to ask me; Don Hill expressed a lengthy concern about the new school and how Clinchco and Ridgeview came in under budget, all the student data presented by me (for a long time now) clearly shows the Clinchco site to be safer for these children and will minimize any tax increase necessary to operate the school, for 50 + years into the future.  My question to you is this; in the face of all this overwhelming data supporting the Clinchco site, why do you continue to push very hard for the Back Bone Ridge site.  As you know, you are the Ervington District Supervisor, and Clinchco is in the Ervington District.  David Yates stated first all you have been pushing for a school, but you have never indicated what kind of school.  David Yates explained the differences in the school models; (K-5, consolidation, or what.…), if it is a K-5; will it be a replacement for the Sandlick School, if it’s a consolidation; then we are talking about all 3 schools.  You have never said which one it is you are pushing.  Don Hill stated yes, I have, you just don’t know it, and you didn’t hear me, a school for the Eastern side of the county.  David asked; “a school” which will be how many people. Don stated whatever it takes for those children in the North East corner and all the way down to the South East of Ervington.  David stated, I think your population study that the School Board did will show that there are clusters that line the Clintwood area, and the Sandlick area at the present time.  Then it is very sparse in the Ervington area, because of the rural nature of it; the terrain. Don stated there has been no consideration that I know of to take the school out of Clintwood, I don’t’ think that will fly at all.  David agreed. David stated and I think they are using Clinchco as a pawn as a reason to go to Ridgeview.  Don Disagreed.  David stated they are going with Ridgeview.  Don stated that is the craziest thing that I heard of.  David stated well it is, and we agree on one thing, Ridgeview is crazy. Don stated can you explain one thing; why don’t you support Clinchco; David Yates stated why would I support Clinchco against Ervington and Sandlick; the majority of my people attend Sandlick, and Clinchco.  My people come from Indian Creek, Sullivan Branch, Prese Fork, Rock Lick, Nancy Hollow, Upper Lick Creek, Aley Road, Ramsey Ridge, Neely Ridge, and all the way down to the New Road Trade Center, from Clinchco all the way to Hazel Mountain. Don stated so, Clinchco is at the end of the table.  David replied it is at the middle of the district. David asked Don; what is your proposal is it for Ervington, and Sandlick to be closed; Don stated yes, it has always been.  David stated well, that will put you over 600 students and that won’t fit the budget. Don stated why sure it will. David stated not according to the figures I have seen.  Don stated according to the ones I have seen it will, and there is plenty of room down here. David stated he disagreed.  I have as many students in the Ervington District attending Sandlick Elementary School, or more than I have in the Ervington School. Don stated the question is; right now, the School Board has selected two sites, which one of those two sites do you propose.  David stated he didn’t support neither one of them.  From the beginning I have supported a 3-school model, from all 3 communities, I think it is important for the county, I think it’s important for the kids up Nora as well as the kids at the upper end of the Sandlick area.  Don asked; ok what is the tax impact on that; David replied there will not be a tax increase either, we haven’t had to add a tax increase in the last several years, since I have been on the board. Don stated none what so ever; David replied none that I am aware of.  We had the reassessment, but your values increased according to the reassessment. That is not a tax increase.  Don stated I think we have had a tax increase since you have been in there, I will check on it.  David agreed, yes check on it.  Mayor Jarvis Deel expressed his feelings about the school and how could it not be acknowledged that these children from Nora go right by the Clinchco site to just get to Sandlick; they have to go down there.  David asked; have to go where; Mayor Deel replied they have to go to Sandlick which is bypassing the shorter distance here.   David asked; is it was a better idea to bring over 400 kids (attendance wise) from the Sandlick Elementary area to Clinchco, which is 7 additional miles to a school to replace a community School in Sandlick.  Now come on think about this; Mayor Deel stated I have done a lot of thinking about it.  David stated you want a school in Clinchco for the Sandlick community, does that make since; that don’t make since to me.  David stated again, I think we are just going to disagree.  Mayor Jarvis Deel stated you want to think you’re going to come up with a 3-school system, you know as well as I do and I have told you all; at the Board of Supervisors, and I have said it at the School Board when the first bit of dirt is torn up for a school site, Ervington Elementary will hit the ground.  Because you all have not been able to give a plan of how they plan on supporting a three-school system.  David stated we are supporting a 3-school system now.  Mayor Deel stated yes, barley.  David stated well, we are supporting it, and you don’t need a plan until the point and time comes that has to have support.  Mayor Jarvis Deel asked how they come up with the money to offer a new town hall though the core down Haysi.  David explained that is a 202 project with the core of engineers and explained how the money came available; the way things worked out for the Ridgeview project, (X) amount of dollars left, I don’t know recall, I think it is 1.2 Million dollars left for that project and we could assume all that 1.2 Million is for the county or we can take, (X) amount of dollars that we wanted to and use it to flood proof the county.  So, we chose $600,000.00 and left $600,000.00 in the budget for the elementary school and the leverage is 12 Million from the Core to flood proofing projects in the county, not just specifically Haysi, but in the county, which includes Clinchco.  Mayor Jarvis Deel asked David if he had seen the shape the Clinchco Fire Dept is in right now; David stated he had talked to the Fire Chief several times and they are on the same page, and I have already talked to with, Ken Wooder with the core of engineers regarding that matter; about it being in the flood way, I guess, I am not sure if it is in the flood way or Flood plain, but it will be one way or another. Mayor Deel stated one more question; why would they want to spend out a huge amount of money on the Back Bone Ridge site when they already have property, which will save a lot of money here in Clinchco that will benefit all the kids.  The other question is; if your plan doesn’t work and you cannot uphold a three-school system do you have a back up plan with what you’re going to do about the kids out of Ervington; David stated he had some ideas but was not ready to share them.  Marsha asked about the bridges here in Clinchco that needs to be fixed.  David explained that one bridge is town owned and others are state owned and he wasn’t aware of this, but he would get in touch with the appropriate people to try and get the problem resolved.   Mayor Jarvis Deel thanked David for coming down the meeting and listening to the concerns. Mayor Jarvis Deel explained that Shanghai Nickles did come by the Town Hall and spoke with him and explained why he wouldn’t be able to come due to a ball game date being moved to tonight. He wanted me to fill you all in on what went on at the School Board meeting and what he knows about it, and what he done.  At one time Clinchco had been taken off, and what he was doing was waiting for these figures to come back, and when they did come back, he knew he would be able to put Clinchco back on and he took his vote to put Clinchco back on as a location site, because it is more practical and safer for the children.


Clinchco Kiwanis:

JR addressed Mayor Jarvis Deel by asking permission from the town to use the building up at the ball field for their meetings; discussion was made of the building and the determination was made that the Mayor and JR will get together to look at the building and discussion of future possibilities.  Town Council agreed to let Mayor Jarvis Deel make the decision on what happens as far of use of the building up at the ball field or possibly Town Hall.  Vice Mayor Ralph Sutherland made a motion to let Mayor Jarvis Deel handle trying to help the Kiwanis find a place to meet temporarily. Mayor Deel asked JR when did he want to get together and go up to the ball field.  JR stated he didn’t know his schedule, it was agreed they would discuss after the meeting and work out a time.  Mayor Deel stated if that don’t work out and the senior citizens don’t work out and you want to use this building, we can go by the agreement of $50.00 deposit; if you clean up you get you get your deposit back and if you don’t, we will hire someone to clean it up.  Trevor suggested maybe go talk to Barbara Moore they have a building and they have put a new ramp up there and everything.  


Vacant Council Seat:

Mayor Jarvis Deel asked for a nomination to fill the open council seat on the term, until November 2019, which will be the next general election.  Mayor Jarvis Deel read out the names of individuals and letters that submitted letters of interest for the vacant council seat; Don Hill, Paul Holts, Mark McCowan, and Virginia White; Vice Mayor Ralph Sutherland made the nomination and motion of Virginia White; Trevor Counts seconded the motion; Roll CallVote:Vice Mayor Ralph Sutherland voted yes, Trevor Counts voted yes, Nathan Mullins abstained, Herbert Branham abstained, Stearl Branham voted yes, Mayor Jarvis Deel abstained.  Greg Baker stated the motion did not carry this will now go to the Circuit Court Judge.  You have to have 4 votes out of 7 here, so I will have to inform the Circuit Court Judge that Council was unable to make an interim appointment and the judge will have to decide.  Mayor Jarvis Deel stated that whom ever doesn’t get this seat, be sure to run when the election rolls around.  Herbert Branham asked if anyone can change their mind on that; Greg Baker stated you certainly can.  Herbert Branham voted yes, to make it a go instead of going to court.  Greg Baker advised Virginia White she needed to go to the Clerk’s office and get sworn in.


Public Comments:

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


Council Comments:

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



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

Meeting MinutesNathan Yates