July Minutes

TOWN OF CLINCHCO

COUNCIL MEETING

MINUTES OF MEETING ON JULY 18, 2019

MEMBERS PRESENT:Mayor Jarvis Deel, Herbert Branham, Stearl Branham, Virginia White

MEMBERS ABSENT:  Nathan Mullins, Vice Mayor Ralph Sutherland, Trevor Counts

TOWN CLERK: Tina Deel

TOWN ATTORNEY:  Not Present

 

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; and also this included the May minutes that were amended with the notice that we held our public hearing over the budget and tax levies; no discussion was made; Herbert Branham made a motion to approve the minutes; Virginia White 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; Virginia White made discussion regarding a payroll question; Mayor Jarvis Deel stated it was a vacation week.  No other discussion was made; Stearl Branham made a motion to pass both treasurers reports; 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; no additions were made; Stearl Branham made a motion to approve the agenda; Virginia White seconded the motion; a vote was taken and all members were in favor.

Old Business:

Dumpster:

Mayor Jarvis Deel stated we have passed our dumpster diving ordinance.  One violation has already been issued.  We need to get the town’s dumpster plated it has a gap in it, we need to get a piece of metal and have someone weld it on there to reinforce it. Discussion was made with council members of individuals that could weld the metal on the town’s dumpster.  Stearl agreed to get in contact with someone to weld the metal onto the dumpster.  Mayor Jarvis Deel stated the dumpster behind the senior citizen building; I would like a vote tonight on getting a camera to put on the dumpster so it can be watched for dumpster diving.  Discussion was made of different kinds of cameras that would be a good idea to watch the dumpster.  Mayor Deel explained a video camera he found online that seemed to be good and we could get a discount on it.  Stearl Branham made a motion to go ahead and purchase the video camera; Herbert Branham seconded the motion; a vote was taken and all members were in favor.

New Business:

Grass Cutting Ordinance Adoption:

The Clinchco Town Council held a public hearing on July 18, 2019 over the Grass Cutting Adoption: 

After a duly called public hearing, with proper notice as required by law hereby authorizes and approves the following amendment and adoption of the following Ordinances of the Town of Clinchco Virginia:

The Town Council hereby finds that in order to promote the health, safety and welfare of its citizens and in accordance with the laws of the Commonwealth of Virginia and by authority of Section 15.2-901 of the Code of Virginia, 1950 as amended and the Town Charter of the Town of Clinchco hereby passes the following as an Ordinance of the Town of Clinchco, Virginia:

BE IT RESOLVED AND ORDAINED that the attached hereto as Exhibit A shall be adopted as an ordinance of the Town of Clinchco VA.

Clinchco Town Ordinance:  ATTATCHMENT EXXBIT A

 Locality may provide for removal or disposal of trash, cutting of grass, weeds, and running bamboo; penalty in certain counties; penalty.

 

A. Any locality may, by ordinance, provide that: The Town of Clinchco so provides and adopts:

            1. The owners of property therein shall, at such time or times as the governing body may prescribe,     remover therefrom any and all trash, garbage, refuse, litter, and other substances which might    endanger the health or safety of other residents of such locality; or may, whenever the governing body deems it necessary, after reasonable notice, have such trash, garbage, refuse, litter, and other like substances which might endanger the health of other residents of the locality, removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected;

            2. Trash, garbage, refuse, litter, and other debris shall be disposed of in personally owned or privately owned receptables that are provided for such use and for the use of the persons disposing of such       matter or in authorized facilities provided for such purpose and in no other manner not authorized by   law;

3. The owners of occupied or vacant developed or undeveloped property therein, including such property upon which buildings or other improvements are located, shall cut the grass weeds and other foreign growth, including running bamboo as defined in, on such property or any part thereof at such time or times as the governing body shall prescribe; or may, whenever the governing body deems it necessary, after reasonable notice as determined by the locality, have such grass, weeds or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes are collected. For purposes of this provision, one written notice per growing season to the owner of record of the subject property shall be considered reasonable notice. No such ordinance adopted by any county shall No such ordinance adopted by any county having a density of population less than 500 per square mile shall have any force or effect except within the boundaries of platted subdivision.

B. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 

C. The governing body of the Town of Clinchco adopts that violations of this section shall be subject to a civil penalty, not to exceed $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period.

D. Except as provided in this subsection, adoption of an ordinance pursuant to subsection C shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor. The governing body of any locality may, however, by ordinance provide that such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation. 

The matter was tabled on voting until the next meeting; 8/15/2019

Town Hall Building:

Mayor Jarvis Deel stated the town hall building is giving down and separating, and cracks in the wall.  I have talked to Carl Turner, he crawled under the building and looked at it.  As far as the footers under the building to support it; they are spaced out 10’ apart.  That is why it is giving down and cracking in a lot of places.  We also need a gutter to go over the porch the rain is blowing back in and rotting the wood.  Carl said he would buy all the material and do the labor for around $700.00.  Jarvis explained other problems; that shifting of the building is causing on the inside of the building.  Discussion was made of when he could get started. Stearl Branham made a motion to let Carl Turner do the work to the town hall (gutter work and fix the bottom of the building); Herbert Branham seconded the motion; a vote was taken and all members were in favor.

Town Hall Debate:

Mayor Jarvis Deel stated I just wanted to discuss the debate with everyone.  They will have the debate here at the town hall.  It will be streamed live; it will be held on July 23rdat 6:30. It will be the Ervinton District School Board and Board of Supervisor candidates.  Discussion was made of the upcoming event.

Public Comments:

Mayor Jarvis Deel asked for Public comments; discussion was made over the Heritage Days in October and food sales. Discussion was also made of what will be going on at the ball field; discussion was made about the speed limit on New Camp Street and what could possibly be done about it.  Council properly advised the individual of the direction he would need to take over the speed limit, regarding his questions.

Council Comments:

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

Adjournment:

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