Council Members Present: Marianna Farmer, Don Morgan, Tom Hayes, Lawrence Lewis and Lannis Greene, Mr. Gentry came late
Creed Jones, Mayor
Toby Boian, Town Manager
Tonya Triplett, Clerk
Thomas Dene, Attorney

Mayor Jones called the meeting to order.
Mr. Jones led the Pledge of Allegiance and prayer.
Mr. Dene asked the minutes of September 20 reflect that both ordinance amendments were read. Mr. Hayes motioned to approve the minutes as corrected. 2nd by Mrs. Farmer. (5-0).

Joy Rowe addressed council regarding Mike Addison family’s concerns about his death and the investigation of his death.
The mayor asks the police committee to look into this.
Committee Reports

Budget, Finance and Administration- Mrs. Farmer
Mr. Hayes motioned to adopt the GASB 34 and seconded by Mr. Gentry. (6-0).
The mayor asks the committee to check the price on another auditing firm.

Street, Lights and Maintenance- Mr. Gentry
Mr. Gentry reported the paving is almost complete. He has spoken with the state and the cracked sidewalk on Clifton Street will be taken up and sown in grass. The bridge at the Baptist Church will be replaced next year.
Mr. Gentry motioned to increase Steven McVey’s pay to 8.00 per hour; his six-month probationary period is up. Seconded by Mr. Morgan. (6-0).

Planning Commission
There is a proposal pending and they will be meeting sometime next week.

Police and Fire Advisory- Mr. Greene
Mrs. Farmer motioned to hire Kermit Turner as a police officer and to start health and life insurance immediately. 2nd by Mr. Morgan (6-0).
The police committee is still looking for vehicles and disposing of the surplus vehicles.
Mr. Hayes motioned to keep the blazer and have it fixed at a cost of $727.00 and to dispose of the Lumina. 2nd by Mr. Gentry (6-0).

Special Committees

The mayor reported the caboose is finished and looks very nice. We are in need of volunteers to man the caboose.
The Capitol Holiday Tree Celebration is November 21, 2:00-4:30 in the town park. The VW Boys have agreed to play during this event, free of charge.
Mayor Jones questioned Charter Communications filming the council meetings. They have made some changes and do not have the manpower to film the meetings.

Citizens Comments
Randy Blevins addressed council about the police department

Mrs. Grasselli announced on Saturday October 16 from 1:00- 4:00pm there will be a celebration of The Virginia Creeper near the Abingdon Trail head at the Y. There will be music and vendors.
Bobby Smith apologized to council for being a little demanding during the August meeting.

Manager’s Report
The engineers are preparing a set of bids for the next phase of sewer repairs.
Mr. Hayes motioned to adopt the Mt. Rogers Solid Waste Management Plan. 2nd by Mrs. Farmer. (6-0).
Mr. Morgan motioned to adopt the resolution of appreciation to the Creep Trail Advisory Club for their work at the Caboose. 2nd by Mrs. Farmer. (6-0).
Mr. Boian suggested Parks and Recreation or Economic Tourism handle the staffing of the Caboose.

Attorney’s Report
Mr. Dene suggested that the ordinances be incorporated into the minutes instead of attached.

Following a public reading, Mr. Morgan motioned to adopt the following ordinance, 2nd by Mr. Hayes:

ORDINANCE
WHEREAS, the Town Council finds that amendment of Section 2-141 of the Code of Damascus would be just and proper; and

NOW, THEREFORE, be it hereby RESOLVED that Section 2-141 of the Code of Damascus is hereby amended to provide as follows:

All officers appointed by the mayor and the council, either or both, shall be chosen at the first meeting in July following the election of the council or at such other time as the appointer may deem proper, and shall exercise the duties of their respective offices at the pleasure of the council.

This ordinance shall become effective upon passage.

The Motion passed 6-0 with the following votes: Ms. Farmer YEA; Mr. Gentry YEA; Mr. Greene YEA; Mr. Hayes YEA; Mr. Lewis YEA; Mr. Morgan YEA.

Following a public reading, Ms. Farmer motioned for the following ordinance to be adopted, 2nd by Mr. Morgan:

ORDINANCE
WHEREAS, the Town Council finds that amendment of Section 2-73 of the Code of Damascus would be just and proper; and

NOW THEREFORE, Section 2-73 of the Code of Damascus is hereby amended to provide as follows

No ordinance shall be acted upon until reduced to writing. Except as otherwise required by law or directed by the Town Council, every ordinance adopted shall become effective upon the date of its passage. No predecessor of this section 2-73 shall be deemed to impair or affect the validity or effective date of any ordinance adopted heretofore, and the effective date of any such ordinance shall be determined without regard to whether such ordinance was read prior to its passage.

This ordinance shall become effective upon passage.

The Motion passed 6-0 with the following votes: Ms. Farmer YEA; Mr. Gentry YEA; Mr. Greene YEA; Mr. Hayes YEA; Mr. Lewis YEA; Mr. Morgan YEA.

Old Business
Mr. Lewis reported Ms. Mock is having problems with sewer, but the problem has been taken care of.

New Business
Ms. Farmer questioned one of the people being contacted by the sewer department, by finding the letter lying in the seat of their truck.

Consent Agenda
Mr. Morgan motioned to pay the bills. 2nd by Mr. Hayes. (6-0).

Mr. Jones entertained a motion for closed session
1. Consultation with counsel regarding the Thomas v. Damascus case, pursuant to Virginia Code Section 2.2-3711(A) (7);
2. Consultation with counsel regarding a possible investigation into a letter of complaint filed by the Treasurer, pursuant to Virginia Code Section 2.2-3711(A) (7);
3. Consultation with counsel regarding a written threat of litigation from the Mayor, pursuant to Virginia Code Section 2.2-3711(A)(7);
4. Consultation with counsel regarding the enforcement of the vehicle license tax pursuant to Virginia Code Section 2.2-3711(A)(7);
5. Consultation with counsel regarding threatened litigation, pursuant to Virginia Code Section 2.2-3711(A)(7); and
6. Discussion relating to the performance and possible resignation of the treasurer, pursuant to Virginia Code Section 2.2-3711 (A)(7).
Mr. Greene motioned for closed session, 2nd by Ms. Farmer. (6-0).

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

A motion was made by Ms. Farmer and 2nd by Mr. Hayes to go out of closed session. (6-0).

A motion to certify was made by Mr. Morgan and 2nd by Mr. Lewis. (6-0).

A motion was made by Mr. Morgan and 2nd by Mr. Greene to continue using the services of Dene & Dene. (6-0).

A motion was made by Mr. Morgan and 2nd by Mr. Hayes to refer to the Town Attorney and Town Manager the treasurer’s complaint letter for investigation. (6-0).

A motion was made by Mr. Lewis and 2nd by Mr. Morgan for all town officials and employees to cooperate with the investigation.

A motion was made by Mr. Morgan and 2nd by Mr. Hayes to adopt the following ordinance:
ORDINANCE

WHEREAS, Section 58.1-3 of the 1950 Code of Virginia, as amended, circumscribes the release of information relating to the property, including personal property, income or business of any person, firm or corporation acquired by the treasurer in the performance of the Treasurer’s duties; and

WHEREAS, such records are exempt from disclosure under the Freedom of Information Act; and

WHEREAS, the injudicious disclosure of such information to the public would create an environment in the Town which is not conducive to good business or harmonious relationships, and

NOW, THEREFORE, Section 2-150 of the Code of Damascus is hereby amended to provide as follows:

All books, records and documents in the custody of any officer or employee of the town shall be available and open for inspection by members of the council and the mayor at any time, provided, however, that except as may be necessary to effect collection, assist the town’s auditors, or report total receipts of the town’s meals and transient occupancy taxes the treasurer shall not permit inspection of any book, record, or document relating to the payment or reporting of the town’s meals and transient occupancy taxes in the absence of a recorded, majority vote of the council or the written consent of the affected person, firm or corporation. In the event of any conflict between this ordinance and any other ordinance, this ordinance shall govern.

This ordinance shall become effective upon passage.

The motion passed 6-0, with the following votes: Ms. Farmer YEA; Mr. Gentry YEA; Mr. Greene YEA; Mr. Hayes YEA; Mr. Morgan YEA; Mr. Lewis YEA

The mayor objected to the ordinance because he is planning litigation.

A motion to adjourn was made by Mr. Hayes and 2nd by Mr. Morgan. (6-0).

DAMASCUS TOWN COUNCIL
MINUTES FOR NOVEMBER 1, 2004

Council Members Present: Marianna Farmer, Don Morgan, Tom Hayes, Lawrence Lewis, Lannis Greene, and Chester Gentry
Creed Jones, Mayor
Toby Boian, Town Manager
Tonya Triplett, Clerk
Thomas Dene, Attorney

Mayor Jones called the meeting to order.
Mr. Jones led the Pledge of Allegiance and prayer.
Mr. Lewis motioned to approve the minutes as written. 2nd by Mr. Morgan. (6-0)
Mr. Gentry motioned to adopt the resolution to close the bridge on Water Street for four weeks for construction. 2nd by Mr. Morgan. (6-0).
Mr. Morgan motioned to extend the tax deadline for town taxes until January 31, 2005. 2nd by Mr. Hayes. (6-0).

Committee Reports

Budget, Finance and Administration- Mrs. Farmer
Ms. Farmer motioned to pay Steven McVey his regular salary for days spent in court. 2nd by Mr. Gentry. (6-0).
Mrs. Farmer read a request from Rhea Valley Elementary School for help with a track and physical fitness program. The council asks for more information by the December meeting.
Mr. Hayes
Mr. Hayes motioned to purchase three trashcans with the grant from The Litter Prevention and Recycling Program. 2nd by Ms. Farmer. (6-0).
Mr. Morgan motioned to change life insurance from Fort Dearborn to Harleysville Life Insurance Company. Three new employees will be added and each employee will receive an additional $5,000 in coverage for a lesser amount of premium. 2nd by Mr. Hayes (5-0-1 with Mr. Greene abstaining).

Street, Lights and Maintenance- Mr. Gentry
Guys are working on getting leaves up.

Sewer, Water and Sanitation – Mr. Greene
Committee meets on October 11 and discussed the tap fee being changed from $450 to $1000. This would require a public hearing, which will be held on December 6, 2004 at 6:30pm.
Committee also would like any road construction coordinated with the Sewer Department. Also, all work should be approved and inspected by the superintendent.
There will be a meeting with DEQ on November 9.
There will also be a meeting on November 10 to discuss the pump station on the Bayer Property.

Planning Commission
The committee approved Ms. Hawthorne’s request for a craft and antique shop on Douglas Drive.

Police and Fire Advisory- Mr. Greene
Mrs. Farmer motioned to purchase Kermit Turner a vest at $630 and three long sleeve shirts @ $60 each. 2nd by Mr. Greene (6-0)
Ms. Farmer motioned to approve $33,000 to purchase two police vehicles and to authorize the police committee to bring quotes to December meeting. 2nd by Mr. Hayes (6-0).
Ms. Farmer commented on a letter from John Welborn from Spruce Pine, NC who had a bike stolen. He thanked Police Department, Tonya, Shirley and Mike Rutherford for their fast action and professional and efficient manner in which this matter was handled.

Special Committees

The Capitol Holiday Tree Celebration is November 21, 2:00-4:30 in the town park. The VW Boys have agreed to play during this event, free of charge. ADam Committee is looking at purchasing some type of memento to give away.
Centennial Committee would like to sponsor the time capsule. A ceremony will be held the same weekend as the Holiday Tree. Ms. Farmer asks the banners be taken down when the flags are put up for Veterans’ Day and put in a box. They have plans for the banners.
Ms. Farmer motioned to erect a rock pedestal between the fire department and the barbershop for the time capsule. 2nd by Mr. Gentry. (6-0).

Creeper Trail Advisory- Mr. Greene
The committee discussed manning of the Caboose. Also, discussed widening the trail near the sewer plant. They are checking into getting grant money for that project.

Tourism
A request was made to form a committee to implement the “Trail of Lights” with a decorating contest. Private citizens had met with Tonya Triplett and Shirley Brand to plan this and were asking permission to be a committee since the Town would be a pass-through for money and payment for prizes. Those citizens were Mary Hayes, Stuie Wright and Michael Wright, as well as Mrs. Triplett and Mrs. Brand and they had asked Mr. Morgan to work with them. Mayor Jones did not appoint this committee and does not want this committee formed. He recommended Parks and Recreation oversee this.

Manager’s Report
Phase 3 of the sewer project was advertised on Sunday, bids would be opened November 23.
The last house in Mock Hollow has been approved.
Enclosed in the packets is a copy of the surplus property purchases, ask council to look it over.
People looking at buying property on Brook Street ask permission to clean the right-of-way.

Attorney’s Report
Mr. Dene received three final orders from the circuit court on Mock Hollow, one case still pending.
Mr. Dene has a meeting next week about the pump station and advised council the time period has lapsed and it will require another public hearing.
Mr. Dene advised that Kermit Turner is now a town employee and can no longer serve on the Board of Zoning Appeals.
Mr. Morgan motioned to recommend Wade Farmer to the Board of Zoning. 2nd by Mr. Greene. (6-0).

Old Business
Mr. Gentry has had complaints on the Ralph Smith case and motioned to drop the case. Motion failed for lack of a 2nd.
New Business
Mr. Lewis discussed the Food City Apples for Students Program. A box will be placed at the town hall for anyone who wants to donate receipts.

Mr. Greene asks the Mayor to reconsider his decision on the “Trail of Lights” committee.
Consent Agenda
Mr. Morgan motioned to pay the bills. 2nd by Mr. Hayes. (6-0).

Ms. Farmer suggested we all work together to showoff our Town and make these next months successful.

There was much discussion about parking.

Mayor entertained a motion for closed session for consultation with counsel regarding
§ 2.2-3711(A) (7) Town of Damascus v. Ralph Smith
§ Investigation into complaint from Treasurer.
2.2-3711(A) (3) Loan for employee

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

A motion was made by Mr. Lewis and 2nd by Mr. Gentry to go out of closed session. (6-0).

A motion to certify was made by Mr. Morgan and 2nd by Mr. Greene. (6-0).

A motion was made by Mr. Morgan and 2nd by Mr. Gentry to authorize disbursement of $48,000 for construction on the Bayer Property. (6-0).

A motion to adjourn was made by Mr. Hayes and 2nd by Mr. Gentry. (6-0).

DAMASCUS TOWN COUNCIL
MINUTES FOR DECMBER 6, 2004

Council Members Present: Marianna Farmer, Don Morgan, Tom Hayes, and Lannis Greene
Creed Jones, Mayor
Tonya Triplett, Clerk
Thomas Dene, Attorney

Mayor Jones called the meeting to order.
Mr. Jones led the Pledge of Allegiance and prayer.
Mr. Morgan asks that the closed session minutes for November reflect $48,000 for construction on the Bayer property. Mr. Hayes motioned to approve minutes with corrections. 2nd by Mr. Greene. (4-0).

John Ponish with ATS stated they are working with the Town and DEQ on the sewer plant. They have submitted a consent order and are waiting on an answer from DEQ.
· Work order # 4 is the Medical Clinic Expansion contract.
· Work order # 7 is continued work on the sewer project.
· Work order # 8 is the design work for a public works building on the Bayer Property. Mr. Morgan questioned the approval of the maintenance building work and the approval of the $2,000 for the fees. Mr. Ponish stated Mr. Boian has contacted him November 18th and ask the work be completed as soon as possible.

Linda Brown with Washington County Library, Damascus Branch, spoke about the services and growth of the library. She explained both positives and negatives of the library. Town Council was invited to a dinner on February 7th at 5:30pm. at the library to see the resources available. Town Council was ask to pass a resolution that recognizes the need for improvement of library services and it could be forwarded to the Board of Library Supervisors.

Tom Horsch from the Creeper Trail Club informed council of a $12,000 grant received to improve the trail in the town. The improvements will include the trail corridor from trestle # 16 to Shady Avenue and for other trail grading and establishment near the Damascus sewer plant. Mr. Horsch asks council to share the matching cost of the grant to the amount of $2000.
Mr. Hayes motioned to approve $2400 for this work. 2nd by Mr. Morgan. (4-0)

Committee Reports

Budget, Finance and Administration- Ms. Farmer
Ms. Farmer motioned full time town employees receive $100 and part-time employees receive $50 for Christmas bonus. 2nd by Mr. Greene (4-0).
Ms. Farmer motioned to include Mary Gentry in the part-time Christmas bonus. Motion failed for lack of second.

Street, Lights and Maintenance- Mr. Jones
Mr. Blevins will be working 16 hours weekly.
Mayor Jones informed council that Joe Fritts has had an accident and has some knee damage.

Parks and Recreation
Mayor commended the parks and rec., fire department, police department and Tonya for the job on the parade.

Planning Commission
The Planning Commission approved two requests for businesses. Mr. Horsch has asked Mr. Boian to stick to the regular schedule, which is the 3rd Tuesday of each month at 7:00pm.

Police and Fire Advisory- Mr. Greene
Bids for police cars have been sent out and Damascus Motor Sales is the low bidder. A grant request has been sent in for two police cars and will pay 75% if approved. The cars will be completely equipped and 6-8 weeks should be allowed before delivery.
Mr. Morgan motioned to order two police cars from the lowest bidder providing it will not hinder the grant process. 2nd by Mr. Greene. (3-1-0 Mr. Hayes abstaining).

Special Committees

Mayor Jones requested the town donate $200 to the Senior Citizens Band for gasoline. Mr. Morgan motioned to make the $200 donation. 2nd by Ms. Farmer. (4-0).

Tourism
Ms. Farmer requested the Centennial Committee become the Tourism Committee. The committee would like to raise money for a bronze plaque to be mounted at the time capsule. They would like to take $25 donations for each avenue banner.
Mr. Morgan motioned to approve $500 for the bronze plaque and all money collected for banners returned into the town. 2nd by Mr. Greene. ( 4-0).

Ms. Farmer thanked everyone who helped with the National Christmas Tree and Time Capsule Celebrations and for the decorations in the town hall.

Ms. Farmer motioned to pay $1080 for officer training. 2nd by Mr. Morgan (4-0).

Citizens Comments
Tom Davenport addressed council on an issue related to procedures. Mr. Davenport expressed concern on the procedure of private citizens using public property. There is no written documentation, as the ordinance requires, so he would like to know the plans and who is authorizing it.

Peggy Carter and Sandy Hart Davenport has some of the same concerns. Ms. Davenport stated the covenant in the deed specifies the property will only be used as a park.
Shirley Brand reminded council the property owner next door was granted permission to clean up the alley and use it for a play area for children. However, the adults used it to have bonfires and told people they could camp there during Trail Days. The town police had to ask people to leave the property.

Nancy Lamb has concerns about the planning commission approving request. Ms. Davenport stated the ordinance reads that they should come before council also.
Ms. Carter questioned if there would be action taken on the matter. Mayor assured her he would speak with Mr. Boian.

Manager’s Report Given by Thomas Dene
Mr. Greene motioned to table the Sewer project work order # 7 until we find out where the money is coming from. 2nd by Mr. Hayes (3-1-0 Ms. Farmer abstaining).
Hill Studio agreement amendment applying to the Creeper Trail Campground: The plans have been changed and there is a $7000 difference in the cost of a bridge. Council questioned the additional fees and decided to table this, also, more information is available.
Mr. Hayes motioned to approve work order # 4 for the Medical Clinic. 2nd by Ms. Farmer (4-0).
Ms. Farmer motioned to approve the grant administration agreement between Mt. Rogers Planning District Commission and the town. 2nd by Mr. Hayes. (4-0).
Mr. Morgan motioned to table the small purchase policy. 2nd by Mr. Hayes (4-0).
Ms. Farmer motioned to approve the tobacco commission engineering and marketing grant. 2nd by Mr. Morgan (4-0).
Enclosed in the packets is a legal services policy that is for consideration only by council.
There was a public hearing earlier this evening for amendments to the sewer ordinance.

An Ordinance Amending Section 54-103 of the Code of Damascus

WHEREFORE, it appearing to the Town Council that an amendment of Section 51-103 of the Code of Damascus is in order; and

NOW, THEREFORE, it shall be and hereby is ORDAINED that Section 54-103 of the Code of Damascus is amended to provide as follows:

Sec. 54-103. Costs.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the town. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Nothing herein or otherwise shall obligate the town to bear any cost or expense relating to the installation or relocation of any private sewer line to link any building sewer to any line owned or maintained by the town, and the town shall only be responsible for the costs and expenses related to connecting such private line to one owned or maintained by the town.

This ordinance shall become effective upon passage.

An Ordinance Amending Section 55-140 of the Code of Damascus

WHEREFORE, it appearing that amendment to Section 55-104 of the Code of Damascus is in order; and

NOW, THEREFORE, it shall be and hereby is ORDAINED that Section 55-104 of the Code of Damascus is amended to provide as follows:

Sec. 54-104. When separate sewer required.

Except as otherwise permitted by the superintendent in writing, a separate and independent building sewer shall be provided for every building; except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer; but the town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.

This ordinance shall become effective upon passage.

An Ordinance Amending Section 54-102 of the Code of Damascus

WHEREAS, upon consideration of the costs of operating the Town’s sewer collection lines and sewer plant, the Town Council is of the opinion that an increase in the fee for a sewer inspection and permit is in order; and

NOW, THEREFORE, it shall be and is hereby ORDAINED that Section 54-102 of the Code of Damascus is amended to provide as follows:

Sec. 54-102. Permits.

A) Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance without first obtaining a written permit from the superintendent.
B) Classes; fee. There shall be two classes of building sewer permits: for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. The following permit and inspection fee shall apply:

1. For residential and commercial service, a fee of $1000.00 for a 4” connection and $1250.00 for a 6”connection.

2. For industrial service, a fee in an amount to be approved by the town council.

Fees shall be paid to the town at the time the application is filed.
c) Notification of superintendent. The application for the building sewer shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made by the superintendent for his representative.

This ordinance shall become effective upon passage.

Attorney’s Report
Mr. Dene asks for closed session to discuss pending case with Ralph Smith.

Consent Agenda
Mr. Hayes motioned to pay the bills. 2nd by Mr. Morgan. (4-0).

Mayor entertained a motion for closed session for consultation with counsel regarding
§ 2.2-3711(A) (7) Town of Damascus v. Ralph Smith
2.2-3711(A) (3) Employee purchase and employee conduct.
Ms. Farmer motioned for closed session. 2nd by Mr. Greene. (4-0).

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

A motion was made by Mr. Hayes and 2nd by Mr. Morgan to go out of closed session. (4-0).

A motion to certify was made by Mr. Morgan and 2nd by Mr. Hayes. (4-0).

A motion was made by Mr. Morgan and 2nd by Mr. Hayes to terminate Mr. Boian’s status as Town Manager and Zoning Administrator effective December 6, 2004. (3-1 Ms. Farmer voting no).

A motion was made by Mr. Hayes and 2nd by Mr. Morgan for Mt. Rogers to propose a new town manager for Damascus as soon as possible. (4-0).

A motion to adjourn was made by Mr. Morgan and 2nd by Mr. Hayes. (4-0).

DAMASCUS TOWN COUNCIL
SPECIAL CALLED MEETING
MINUTES FOR DECEMBER 13, 2004

Council Members Present: Marianna Farmer, Don Morgan, Tom Hayes, and Lannis Greene,
Creed Jones, Mayor
Toby Boian and Dave Barrett
Tonya Triplett, Clerk
Thomas Dene, Attorney

Dave Barrett from Mt. Rogers Planning District Commission told Council they would like to work with Council to retain Mr. Boian or blend someone in to the manager’s position. Mr. Barrett does not have a name for us at this time; MRPDC is going through many changes at this time and are short on personnel. Mayor Jones recommended Mr. Armbruster for the Manager’s position. Mr. Barrett stated Mr. Armbruster is not currently in the position of town management, but they will consider the recommendation. He would like to bring a name to the next meeting. Mr. Boian stated there are many projects in the works and he is willing to work with anyone that is appointed to get these projects under contract.

Manager’s Report
Part 1 of work order #7
The money for this part of the sewer project will come out of reserve. The total project is around $53,000.
Mr. Greene motioned to approve Farmer’s Construction to do $ 27,088 on the sewer project; the stream crossing work will be deferred for dryer months. 2nd by Mr. Morgan. (3-1 Ms. Farmer abstaining). Mr. Morgan questioned the check valve for Ironhorse Campground, and suggested we leave it in the bid package, but bring it back to council and get council approval on it.
Part 2
Mr. Morgan motioned to approve the engineering part of work order #7. 2nd by Mr. Greene. (4-0).

Mr. Morgan motioned to approve the amendment to the architectural agreement to the Beaver Dam Creek Trail/ Hill Studio agreement. 2nd by Mr. Hayes. (4-0).

Mr. Boian informed council the paper work for tobacco commission application is due by the first of March 2005.
Ms. Farmer motioned for Mr. Dene to amend the small purchase policy and bring it back to council next month. 2nd by Mr. Greene. (4-0).
Mr. Hayes motioned to approve the rural development grant application for police cars and public works garage. 2nd by Ms. Farmer. (3-1 with Mr. Greene opposed).
Mr. Boian informed council that National U. S. Department of Agriculture has approved repair of the riverbank behind Backer Park and near Wilcox property.
Mayor entertained a motion for closed session for consultation with counsel regarding
§ 2.2-3711(A) (7) Town of Damascus v. Ralph Smith
Mr. Greene made the motion and 2nd by Mr. Hayes. (4-0).

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

A motion was made by Mr. Hayes and 2nd by Mr. Greene to go out of closed session. (4-0).

A motion to certify was made by Mr. Morgan and 2nd by Mr. Hayes. (4-0).

A motion was made by Mr. Morgan and 2nd by Mr. Greene for all settlement offers in the Ralph Smith case to be revoked. ( 4-0).

A motion to adjourn was made by Mr. Hayes and 2nd by Mr. Morgan. (4-0).

Town of Damascus
Town Council
Special Called Meeting
December 23, 2004 6:00pm

Present: Council Members- Marianna Farmer Tom Hayes Don Morgan and Lannis Greene, Mayor Creed Jones,
Clerk Tonya Triplett,
Attorney Thomas Dene
The mayor called the meeting to order.

Mr. Morgan motioned to approve the Department of Agriculture Natural Resources Conservation Service Project Agreement for both sites and to allow federal contracting. 2nd by Mr. Greene. (4-0).

Mr. Greene motioned to approve the gas meter for the sewer plant $1381.92 with a possible grant for reimbursement of $500 for VML. 2nd by Mr. Morgan. (4-0).

A motion was made by Ms. Farmer, second by Mr. Greene, to appoint Don Morgan to serve the remaining portion of the unexpired term of Paschal Grindstaff on the Damascus Health care Commission, Paschal Grindstaff having resigned (3-0-1 Mr. Morgan abstaining).

Mr. Morgan, second by Ms. Farmer, made a motion to appoint Mr. Greene to serve the remaining portion of the unexpired term of James Bishop on the Damascus Health Center Commission, James Bishop having resigned. (3-0-1 Mr. Greene abstaining).

The Mayor declared the meeting closed.

_____________________________ _______________________________
Mayor, Creed Jones Clerk, Tonya Triplett