TOWN OF CLINCHCO
MINUTES OF MEETING ON FEBRUARY 21, 2019
MEMBERS PRESENT:Mayor Jarvis Deel,Trevor Counts, Vice Mayor Ralph Sutherland, Herbert Branham, Virginia White, Stearl Branham, Nathan Mullins
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 he had one question; the one were you read the letter and you left the part out about the T.V. (Donation to Clintwood Rescue Department). Tina asked if he wanted to know who won the T.V.; Vice Mayor Ralph Sutherland stated no, he just wanted it put in the minutes. The next time the Mayor read a letter we should put the whole thing in there not just part. Mayor Jarvis Deel stated what you want to do is make a motion to amend the minutes to include the television; Vice Mayor Ralph Sutherland stated no, they are alright, I just wanted to say that anytime we get a letter that it should all be read not just in part when it concerns the council members, that’s all. Stearl Branham 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 treasurers’ reports (General and Police Department); and if you have, I would like to ask if anyone has any discussion over the reports; Trevor Counts stated on the Police Dept. Account, how come there wasn’t any names on the report of how much they were paid; Tina stated the Police Dept. payroll has been paid out of the general account. Mayor Jarvis Deel stated if you remember we decided were we are building the police dept. we are helping out, bearing some of the burden now and actually I am going to discuss a little about the police dept. this evening. No other comments were made. Vice Mayor Ralph Sutherland made a motion to approve the treasurer’s reports; Stearl Branham seconded the motion; a vote was taken and all members were in favor.
Mayor Deel asked for any additions to the agenda; Mayor Deel stated he had a request a while ago, and he wanted to make an addition to the agenda; Don Hill would like to speak (under public comments). Mayor Deel asked for a motion to approve the agenda as is with the addition of Don Hill speaking; Stearl Branham made a motion to approve the agenda; Nathan Mullins seconded the motion; a vote was taken and all members were in favor.
Update on Ball Field:
Mayor Deel stated as an update on the ball field, they managed to get down 60’ on the outer edge, right at the edge of the parking lot, and right there in front of the fence where the bench sits. They are really pleased with the samples they pulled out. He said more than likely after everything is analyzed we will be getting a call to meet and talk to them. The way he talked, Salvage is a very good company, very reputable. He also said if everything works out well, we will probably wind up having a better ball field than what we have now put back up there.
St. Joseph University:
Mayor Deel stated as an update on St. Joseph University volunteers will be coming March 9th– 16th, as far as I know we have all the cots covered, donation requests have been made and sent to Lowes, and Food City. All the dinners are covered through the week. The blue truck has been fixed and ready for when I have to go to Lowes to get the donation items.
Update on Police Dept.:
Mayor Deel stated I am proud to say we are really making some progress back there, and I am really proud of the boys for everything they have been doing. The account is looking better, and we also got the guns the officers needed. Richard has really been negotiating to get this reporting system we need. We finally got the cheapest bid today, and we can finally get our reporting system in place. After we get this reporting system going, they will be able to file criminal reports their selves, and plus after a year they can start filing for their grants.
Water at the Ball Field:
Mayor Deel stated I wanted to discuss the water at the ball field; we have been having trouble out of it for a long time. I went up there today and there is about a regular pond behind the house up there. We always thought, and from what I had heard it was coming from that gas well. But really it is not a gas well pond, me and Richard went up there and we walked it, and it is coming from the old mines up there. Richard will be going through his emergency management tomorrow and contact the DMME to get them over here to see what that can do about sealing it or something. If it were to bust, we have no idea of how much water is in that old mines up there. We are in the process of trying to get something done about the old mine up there to take care of this situation.
Mayor Jarvis Deel stated at this time I would like to go into closed session for just a few minutes. I would like a motion to go into executive session under 2.2-3711 section 4, personnel matters; Vice Mayor Ralph Sutherland made a motion to go into executive session; Herbert Branham seconded the motion; a vote was taken and all members were in favor.
Council coming back into open session:
Mayor Jarvis Deel asked for a motion to come back into open session; Herbert Branham made a motion to reconvene into open session; Stearl Branham seconded the motion; Mayor Jarvis Deel stated we will reconvene under code section 2.2-3712. a vote was taken and all members were in favor. Mayor Deel stated at this time I would like another motion certifying that only business that was discussed as stated to go into executive session was the only matter discussed, or considered by town council while in closed session; Vice Mayor Ralph Sutherland made a motion that all was discussed was personnel matters in closed session; Trevor Counts seconded the motion; a vote was taken and all members were in favor.
Sick Time for Clerk:
Mayor Jarvis Deel asked for a motion for 5 sick days for the town clerk, Tina. Stearl Branham made a motion for 5 sick day for the clerk; Vice Mayor Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.
Mayor Deel asked the town attorney, Greg Baker to read the rules for public comments; Greg read out loud all rules that must be followed by the public as they give comments.
Ann Branham addressed town council with a request for a donation and to be a sponsor for the Haysi/Clinchco Loins Club to support the annual Easter Egg Hunt that takes place at the Haysi Kiwanis Park. Stearl Branham made a motion to donate $500.00 to the Haysi/Clinchco Lions Club; Herbert Branham seconded the motion; a vote was taken and all members were in favor.
Don Hill addressed town council with his concerns of the parliament procedure of how the vote of the vacant seat with council took place. Don presented research of how towns throughout Virginia handle such situations and how candidates could address council. Don and the Town Attorney, Greg Baker discussed the vote of the vacant seat, and Robert’s Rule of Order. Greg stated there is also a statute that would take precedence over Robert’s Rules that says that even at a subsequent meeting a member can make a motion to change their vote on any matter that came before the council if they were a member that voted in the minority. Don and Greg discussed further how votes or reconsidering a vote should take place. Greg asked Don what would he be asking council to do to remedy this; Don stated he had other questions of why there was advertising for the opening. Greg stated it wasn’t a requirement we were only trying to get the word out. Don stated how he felt minds were made up before the vote was made. The remedy, Don stated….. I would be interested in the statute that you talk about, I do a lot of research in that stuff. Greg suggested if there is to be a remedy; you had 4 people that applied or every how many it was, do you just do it again, do you revote, do you do a make a motion to reconsider that vote and have the reconsideration pass before you vote again; I am just thinking about a fair remedy. Don stated I am not familiar with the statute you spoke of, but I am somewhat familiar with Robert’s Rules, and this is the basis of my presentation. Greg stated how far does council want to go on the issue. Trevor Counts stated when we voted it stopped at Stearl and then Herbert said well, he…….he held up a minute. It didn’t come all the way around. Greg stated when Herbert asked if he could change his vote, he thought everyone was in agreement. Mayor Deel stated actually, what I was going to do is ask for another nomination. Herbert Bramham’s vote of the vacant council seat was further discussed. Greg stated to council; would it be fair to do a complete do over; Virginia stated if Don wanted this seat that bad, I will step aside; Trevor stated if she steps aside then I walk as well, and she loved everyone here and we have already voted; Greg stated yes, he felt it was already over and I don’t know what the remedy is; Don stated I just want it done correctly, I am not here to cause a lot of trouble it’s always been my style to make sure things are done correctly. Greg stated it states in the Town charter that in the event of a vacancy that the remaining council will vote for an interim member. Greg further stated that the state law was changed a few years ago; that law use to say that you were appointed for the whole term. Then the law was updated stating to only allow the interim appointment till the next general election. Virginia’s seat is up for election again in November 2019. Then the whole council is up for election in May 2020. Greg stated he hated to see the town go backwards, he wanted to see the town go forward, and let the people decide who will sit in the seat. Don stated, let me just say this, as of for me, it’s over.
Mayor Deel asked for council comments; no comments were made.
Mayor Jarvis Deel a motion to adjourn; Herbert Branham seconded the motion; a vote was taken and all members were in favor.