January Minutes
TOWN OF CLINCHCO
COUNCIL MEETING
MINUTES OF MEETING ON JANUARY 23, 2020
MEMBERS PRESENT: Mayor Jarvis Deel, Herbert Branham, Ruby Coleman, Stearl Branham
MEMBER’S ABSENT: Nathan Mullins, Vice Mayor Ralph Sutherland, Trevor Counts
TOWN CLERK: Cynthia Ellis
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.
Savage:
Town Attorney Greg Baker asked the Mayor if he could take a minute and be recognized. Greg stated that Savage was here at the last meeting and I could not be here and they talked about what they have planned to do. Greg stated nothing has been done contractually yet and the reason for that is because I wanted to know how you all feel about it. Greg made discussion on what the Mayor and Town Council thought about the presentation given by Savage. Ruby stated she was happy with the presentation. Strearl stated he was also happy with the presentation and after the fact we could do what we wanted to do with it and if we wanted to put the swings back up, we could make a space to put them back up. Greg stated he got this from the DMME and it’s called Clinchco reclamation II. It says work at the site will consist of permanently closing four mine openings and stabilizing drain ways from those openings. The openings are presently sealed with earth. Those will be reopened and then they will be closed with what DMME will approve and that is a wet seal structure. To ensure a long-term drainage mine works. A formal plan has not been developed for the gob structure in the hollow. The consensual idea includes the stabilization a large cut in the gob bellow the interest compressor station and elimination of a hazardous water body on the bench area above the gob and above the base ball field. The drainage issues around the base ball field will then be evaluated once they go in and start the work. But given the limited space available for relocation of the drainage work in this area will likely by very limited. Greg stated that does not sound good for use of the ball field later on. Greg stated that he and Jarvis has talked about another spot for the ball field up here that they are doing work on right now and maybe they might, I don’t know if that spot would be available or not. You are back to this deal of either you let them do this and you get the money out of it and I would recommend the money be kept in a separate escrow account not be mixed in with the Town’s general funds. This money should be set in an account that would draw a little bit of interest. That money should be set aside for building a ball field somewhere else or even other projects the town may want to do. But you don’t have to do this, you don’t have to do anything. This is on the DMME radar now. Greg read the old deed from Clinchfield gifting the property to the town; The town accepts the property in as is condition, the Town of Clinchco accepts full responsibility for all liability including without limitations health matters associated or anything else arising from any condition that may exist on the track of land. In other words, we are responsible for it. Greg stated he did not foresee the ball field going back up there. Jarvis stated that Ruby had mentioned maybe a walking track, Ruby agreed. Discussion was made of if a disaster stuck over water breaking though. Greg asked about the deposit that would be made. Stearl stated yes, no matter what they would make the deposit of money. Greg stated it would be non-refundable and no tonnage. Herbert stated no, when they hit the $50,000.00 mark the tonnage would be applied to it. But if they go up there and only get $20,000.00 the town gets to keep the $50,000.00. Council agreed yes, that was correct. Greg stated he wanted to do whatever everyone wanted to do with it. Greg asked council how did they want him to proceed; Stearl stated to do it. Several other council members agreed to go ahead.
Mayor Jarvis Deel asked if there were any public comments on the matter; public made comment on concerns if they left a mess. Mayor Deel stated no, they would not. They have to put a bond up when they get their permit to fix it back.
Mayor Jarvis Deel made a motion to accept the contract after Greg gets it made up and sign it, and see if they will agree to the conditions; Stearl Branham seconded the motion; a vote was taken and all members were in favor.
Roll Call Vote: Ruby Coleman, Yes; Mayor Jarvis Deel, Yes; Herbert Branham, Yes; Stearl Branham, Yes
Nathan Mullins, absent; Vice Mayor Ralph Sutherland, absent; Trevor Counts, absent
Approval of Minutes
No minutes were approved
Approval of Treasurers Reports
No treasurers report was approved
Agenda:
No agenda was approved
Old Business:
No old business was discussed
New Business:
Resolution:
Greg stated there are a lot of bills that have been put in the legislature, the delegates that are opposed to the gun law are up Northern Virginia. The governor and legislature are pushing all these bills and they had a rally up there on Monday. They estimated 35,000 people up there. Greg read out loud the Virginia constitution on gun rights. More discussion was made of the possible changes that could take place in April that could affect or change the Virginia Constitution on gun rights. This resolution will not carry any legal weight however it is a symbolic gesture. We can go on record saying we are against all this stuff and that is the resolution I have drawn up. Basically, saying we don’t want you to pass anything that would infringe on anyone’s right under the US constitution. If this is passed it will be sent to all of our delegates and senators. It will go on record that the Town of Clinchco is opposed to this kind of stuff. Mayor Jarvis Deel made a motion to pass the resolution with a roll call vote; Herbert Branham seconded the motion; a vote was taken and all members were in favor.
Roll Call Vote: Ruby Coleman, Yes; Herbert Branham, Yes; Stearl Branham, Yes; Mayor Jarvis Deel, Yes.
Nathan Mullins, absent; Vice Mayor Ralph Sutherland, absent; Trevor Counts, absent
Closed Session:
Mayor Jarvis Deel stated at this time he would like to make a motion to move into closed session to discuss personnel matters and legal matters under section 2.2-3711 section 7, 3 and 4. Herbert Branham seconded the motion; a vote was taken and all members were in favor.
Mayor Jarvis Deel asked for a motion to come back into open session; Herbert Branham made a motion to go back into open session; Stearl Branham seconded the motion; a vote was taken and all members were in favor.
Mayor Jarvis Deel asked for a motion that all was discussed was legal and personnel matters; Herbert Branham made the motion all that was discussed was legal and personnel matters; Stearl Branham seconded the motion; a vote was taken and all members were in favor.
Mayor Jarvis Deel asked for a motion to be made to relieve the Clerk of her duties; Stearl Branham made the motion to relieve the Clerk of her duties; Ruby Coleman seconded the motion; a vote was taken and all members were in favor.
Roll Call Vote: Ruby Coleman, Yes; Herbert Branham, Yes; Stearl Branham, Yes; Mayor Jarvis Deel, Yes.
Nathan Mullins, absent; Vice Mayor Ralph Sutherland, absent; Trevor Counts, absent
Public Comments:
No public comments were made
Council Comments:
No council comments were made
Adjournment:
Mayor Jarvis Deel made a motion to adjourn the meeting; Herbert Branham seconded the motion; a vote was taken and all members were in favor.