August Minutes
TOWN OF CLINCHCO
COUNCIL MEETING
MINUTES OF MEETING ON AUGUST 15, 2019
MEMBERS PRESENT: Mayor Jarvis Deel, Stearl Branham, Virginia White, Vice Mayor Ralph Sutherland
MEMBER’S ABSENT: Nathan Mullins, Trevor Counts, Herbert Branham
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; no discussion was made. 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; no discussion was made. Stearl Branham made a motion to approve the treasurer’s reports; Vice Mayor Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.
Agenda:
Mayor Deel asked for any additions to the agenda; Mayor Deel stated he wanted to change a few things on the agenda; on the new business where it says grass cutting ordinance, lets move it up to #1, Public Library to #2, and closed session to #3. Vice Mayor Ralph Sutherland made the motion to approve the agenda with changes; Herbert Branham seconded the motion; a vote was taken and all members were in favor.
Old Business:
Update on the Town Hall:
Mayor Deel stated as an update on fixing the problems at the Town Hall; Carl is picking up the materials and brought some of them down should be able to get started on it next week to block it up and mud the wall.
New Business:
Grass Cutting Ordinance Adoption:
Mayor Deel stated what we need to do is have a vote on the grass cutting ordinance to adopt it in; some discussion was made regarding the grass cutting ordinance. Greg Baker explained the ordinance to the public. (the ordinance is listed below)
Greg stated to council if they wanted it to be a civil penalty, or a criminal penalty; council has the choice of which they would like to do. Greg asked each council member present if they wanted to just make it a civil fine. Virginia White stated yes, Stearl Branham stated yes, Vice Mayor Ralph Sutherland stated yes, Mayor Jarvis Deel stated yes. Greg stated he would take the criminal part out.
Council made some discussion over the ordinance; Vice Mayor Ralph Sutherland made a motion to pass the ordinance without the criminal sanction; Stearl Branham seconded the motion;
Roll Call Vote:
Mayor Jarvis Deel, aye
Trevor Counts, absent
Vice Mayor Ralph Sutherland, aye
Virginia White, nay
Nathan Mullins, absent
Stearl Branham, aye
Herbert Branham, absent
The Mayor stated that the ordinance has passed.
The corrected ordinance is listed below:
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.
Public Library:
Mayor Deel stated the will have a library service here at the Senior Citizens building on Thursday, August 22nd 10:00 am – 12:00 pm. Wide selection to check out for adults and children.
Closed Session:
Mayor Jarvis Deel stated at this time I would like to have a motion to go into closed session for legal and personnel matters; Vice Mayor Ralph Sutherland made a motion to go into closed session; Stearl Branham seconded the motion; a vote was taken and all members were in favor. Mayor Deel stated at this time we will go into closed session under code: 2.2-3711 under section 4
Open Session:
Mayor Jarvis Deel stated we will reconvene into open session; I would like to have a motion that all we discussed back there was personnel and legal matters. Virginia Whited made a motion to go back into open session and all that was discussed was personnel and legal matters; Vice Mayor Ralph Sutherland seconded the motion; a vote was taken and all members were in favor.
We will reconvene back into open session under code: 2.2-3712. Mayor Jarvis Deel stated now that we are back in open session, I would like to make a motion that we make a 3% match for Tina to have a retirement account. (that will only be 3% of the amount contributed by the employee); Stearl Branham seconded the motion; a vote was taken and all members were in favor.
Public Comments:
Mayor Jarvis Deel stated he would like to ask the public for comments; Discussion was made about Smith Street needing to be cleaned up. Peggy thanked the town for holding the debate.
Council Comments:
Mayor Jarvis Deel asked for council comments; no comments were made.
Adjournment:
Vice Mayor Ralph Sutherland made a motion to adjourn; Stearl Branham seconded the motion; a vote was taken and all members were in favor.