Damascus, Virginia - Trail Town, USA

October / November / December
2005

DAMASCUS TOWN COUNCIL
MINUTES FOR OCTOBER 3, 2005

Council Members Present: Maurice Parris, Don Morgan, Tom Hayes, Lawrence Lewis and Lannis Greene
Creed Jones, Mayor
Aaron Sizemore, Town Manager
Tonya Triplett, Clerk
Thomas Dene, Attorney

Mayor Jones called the meeting to order and led the Pledge of Allegiance and prayer.
Mr. Parris made a motion to approve the minutes of September 12, 2005 as written. 2nd by Mr. Greene (4-1 with Mr. Hayes abstaining, he was absent at the September meeting).

Committee Reports

Budget, Finance and Administration- Mr. Parris

Mr. Parris asks that everyone refrain from unnecessary spending, until tax money starts coming in. Mr. Parris moved to authorize the treasurer to cash a CD if necessary. 2nd by Mr. Hayes (5-0).

Mayor Jones asked everyone to conserve gas.
Mayor Jones asked council to hire Mary Gentry part-time.

Street, Lights and Maintenance- Mr. Parris

The streetlight at the Presbyterian Church is out.
Also, a dilapidated mobile home in the Extract section needs to be cleaned up and moved. Town Treasurer will write a letter to the property owner.

Parks and Recreation – Mr. Hayes

Mr. Hayes reported the public works department has taken the pool pump out and it is being rebuilt. Two companies are coming to give quotes on the leak repair. There are not many companies from which to choose for such repairs.

Police – Mrs. Farmer

Police report is in packets. Mr. Parris suggested when the new cars are purchased we should surplus some of the old cars.

Mr. Parris requested identification at the Rt. 58 – 91 split and old 91 to identify the trail; the fire department is going out several times a week to find people who have traveled beyond Damascus toward Abingdon.
Ms. Farmer asked Mr. Dene to look into the setbacks and rights-of-way.

Citizens Comments

Nancy Lamb asked council to consider using the tobacco commission grant for a tourism site and library.

Carol Fields asks council to consider a more detailed agenda.
Ruby Williams asked for fair treatment for all citizens.

Bob Gray purchased a house on North Railroad Avenue and asked permission to cut out underbrush to create a 10 ft. pathway, on town property, to the river.

Mr. Lewis moved to permit the clean up with a pathway no greater than 10ft, with no hardwoods greater than 3” being cut. 2nd by Mr. Hayes (5-0).

Mr. Dene suggested a document be drawn up between the Town and Mr. Gray with the details. Mr. Dene will draft an agreement.

Ms. Grasselli stated if the property belongs to the town, the town should mow it.

Manager’s Report

Mr. Sizemore asked for a special called meeting to discuss plans for the Bayer Property and the Tobacco Commission money. The meeting was set for October 11, 2005 at 7:00pm.

Mr. Greene moved to change the scope of the Tobacco Commission grant and look at using the money for a visitor’s center/library. 2nd by Mr. Hayes (5-0).

Mr. Parris moved to send request for one car and one four-wheel drive vehicle. 2nd by Mr. Lewis (5-0).

Mr. Lewis moved to adopt the resolution authorizing Mr. Sizemore’s signature for all Rural Development documents. 2nd by Mr. Morgan (5-0).

The medical clinic project is ahead of schedule and under budget.
Mr. Greene suggested the big rock at the medical clinic might be used at or near the new playground.

In order to complete the river crossing project, a permit must be obtained. Mr. Sizemore is working on the permit and will keep council informed on that project.

The Backer Park project will be complete in mid November, they will apply for an extension.

Attorney’s Report

Mr. Dene stated the probationary period should to be changed from 180 days to 90 days in the personnel policy.
The use policy for the community center has not been given to Mr. Dene and it should be addressed. Mr. Dene needs to know who will do the scheduling and what the rates will be for that building.

He also needs information on the adult bookstore ordinance that was discussed a few months ago.
To make changes to the zoning ordinance you must advertise and have a public hearing, there are several changes that need to be made, and Mr. Dene suggested doing it all at one time. The parking space requirements and sub-division ordinance should also be looked at. He suggested forming a committee to handle this matter.

Mr. Greene moved that Don Morgan, Aaron Sizemore, Thomas Dene, Blake Eades, Tom Hayes and Creed Jones be appointed to this committee. 2nd by Mr. Parris (5-0).

Mr. Dene passed out a copy of a rough map that Mr. Triplett gave to Mr. Dene. There is no new information on this project, and Mr. Dene is not sure where the funding stands. He suggested Mr. Sizemore check with Abingdon and see if funding is still available.

Old Business

Mr. Morgan questioned if the written statement from the Mayor to the Town Clerk had been taken care of.
Mr. Hayes has spoken with Tom Horsch and they are going to start on the Creeper Trail improvements and they need $2,500 the town allocated them in last years budget.

Consent Agenda

Ms. Morgan moved to pay the bills. 2nd by Mr. Greene (5-0).

Mr. Hayes made a motion for closed session for
2.22 317 A7 consultation with counsel specifically the Ralph Smith case
2nd by Mr. Lewis (5-0).

_____________________________ ____________________________
Mayor, Creed Jones Tonya Triplett, Clerk

CLOSED SESSION MINUTES

A motion was made by Mr. Greene and 2nd by Mr. Morgan to go out of closed session (5-0).

A motion to certify was made by Mr. Morgan and 2nd by Mr. Greene (5-0).

Motion to adjourn made by Mr. Hayes and 2nd by Mr. Morgan (5-0).

DAMASCUS TOWN COUNCIL
MINUTES FOR NOVEMBER 7, 2005

Council Members Present: Maurice Parris, Don Morgan, Tom Hayes, Lawrence Lewis, Mariana
Farmer and Lannis Greene
Creed Jones, Mayor
Aaron Sizemore, Town Manager
Tonya Triplett, Clerk
Thomas Dene, Attorney

Mayor Jones called the meeting to order and led the Pledge of Allegiance and prayer.
Mr. Hayes made a motion to approve the minutes of October 3, 2005 as written. 2nd by Mr. Parris (5-0-1 with Ms. Farmer abstaining, she was absent at the October 3rd meeting).
Mr. Hayes made a motion to approve the special meeting minutes of October 17, 2005 as written. 2nd by Mr. Morgan (6-0).

Mr. Morgan made a motion to extend the tax deadline to January 31, 2006. 2nd by Mr. Parris (6-0).

Ms. Farmer made a motion to allow Washington County News to place an information box in Town Hall. 2nd by Mr. Parris (6-0).

Committee Reports

Budget, Finance and Administration- Ms. Farmer
Ms. Farmer made a motion to release the $3000 budgeted for Backer Park Foundation. 2nd by Mr. Morgan (6-0).
Fees for the new Community Center Building will be as follows:
v Everyone will pay a $50 deposit and if it is cleaned the deposit will be returned.
v $25 for all nonprofit and individuals
v $50 for clubs, associations etc.
v $100 Businesses, etc.
The building can be reserved with the understanding the fire department will use the building every Saturday night for BINGO.
Ms. Farmer made a motion to approve this fee scale. 2nd by Mr. Parris (6-0). Mr. Greene asks council to review the log and rates again in June.

Street, Lights and Maintenance- Mr. Parris
The tree near Kenny Fritz and Paul Lethcoe has been removed and cleaned up.
Mayor Jones has had complaints on trash on 649 Damascus Drive, and a letter will be sent to the property owner. Mr. Greene suggested putting money in next years budget to take care of things like this.

Sewer, Water and Sanitation
Permits have been obtained for the river-crossing project, but the project probably will not start until next year. The streams cannot be disturbed October 1 – March.

Parks and Recreation – Mr. Hayes
Mr. Hayes reported the pool is almost finished and the pump has been rebuilt. The maintenance department will put the pump back in.
The playground equipment is still in the planning. However, we are about $2,000 short on site preparation.
Mr. Hayes made a motion to approve $2,000 to get the playground project started. 2nd by Mr. Greene (6-0).

Police – Fire - Mrs. Farmer
Mayor Jones reported the new community building looks great and BINGO went very well Saturday night. The firemen worked very hard to get the building ready.
The request of proposals has been sent to Rural Development for the police car grants, and we are waiting to hear from them. Police department can move ahead with the bids and we will be ready when we get the paperwork back.
The officers will be out of the academy December 2.

Adam Committee
Ms. Farmer made a motion to pay Richard Smith $100 per month out of ADAM money, to maintain the website, payable semi-annually. 2nd by Mr. Greene (6-0).

Discover Damascus group was able to plant mums in the pots around town. They also assisted the Mayor in handing out Halloween candy and it went well.
Christmas Parade will be December 3, at 2:00.
Merchants Open House will be November 27, 1:00 – 5:00.

Citizens Comments
Ms. Grasselli suggested placing a donation box at the community center.

Manager’s Report
Mr. Sizemore stated the Tobacco Commission grant for the campground has been withdrawn.
The medical clinic project is on schedule and on budget.
The Homeland Security Grant money has arrived and will be distributed early next week.
The Personal Property Tax Relief will now come as a block grant and we need a new ordinance to bill it properly. Mr. Dene suggested he take a look at it and make sure we do not need to have a public hearing.
Mr. Greene made a motion to table the ordinance until December, to give Mr. Dene a chance to review it. 2nd by Mr. Morgan (6-0).

Attorney’s Report
Mr. Dene does not have anything. Mr. Dene questioned the penalty and interest on personal property.

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

Mr. Parris made a motion to adjourn. 2nd by Mr. Hayes (6-0).

_____________________________ ____________________________
Mayor, Creed Jones Tonya Triplett, Clerk

DAMASCUS TOWN COUNCIL
MINUTES FOR DECEMBER 5, 2005

Mayor Jones called the meeting to order and led the Pledge of Allegiance and prayer.
Mr. Lewis made a motion to approve the minutes of November 7, 2005 as written. 2nd by Mr. Hayes. (6-0).

Mr. Hayes made a motion to change the January 2 meeting to January 9th at 7:00pm because of the holiday 2nd by Mr. Lewis (6-0).

Charlotte Parsons and Jim Cartwright thanked the council for their support of the Library, however things are on hold for the time being, because of funding. Mr. Greene stated there was no time limit on the money and it would be available when the library needs it.

Mayor Jones stated the Christmas Parade went very well and was nice.

Committee Reports

Budget, Finance and Administration- Ms. Farmer
Ms. Farmer stated Albano has our draft audit ready and she will be writing a management letter.
Mayor Jones discussed Mary Gentry’s position, and that we really do not have anything for her to do with the Town. Council suggested checking to see if the library could use her.

Street, Lights and Maintenance- Mr. Parris
The chipper has been adapted to pick up leaves, and a tarp over the dump truck so they can take care of the leaves.

Sewer, Water and Sanitation
The plant is within the flow limits.

Parks and Recreation – Mr. Hayes
Mr. Hayes reported the pool finished.
The playground equipment will be delivered tomorrow and will be installed December 7-9.

Police – Fire - Mrs. Farmer
The officers graduated from the academy December 2. John Rouse graduated second in the class.
Ms. Farmer made a motion to increase John Rouse to $9.25, Steven McVey to $9.50 and Kermit Turner to $9.75 per hour. 2nd by Mr. Parris (6-0).

Mr. Greene made a motion to increase Joe Fritts salary $1.00 per hour. 2nd by Mr. Hayes. (6-0).

Mr. Morgan made a motion to increase the clerk and treasure salaries by $1.00 per hour. 2nd by Mr. Greene. (6-0).

Ms. Farmer made a motion to purchase all officers a winter coat. 2nd by Mr. Greene (6-0).

Mayor Jones questioned the status of the Fire Department getting incorporated. Mr. Dene explained the final decision is up to the IRS.

Adam Committee
Ms. Farmer thanked Richard Smith for a great job on the website.

Citizens Comments
Mr. Blevins stated he is disappointed over the discussion for police officer salaries and the town needs to support the police department to keep officers.
Ms. Smith is concerned about speeding and hopes now that the officers are out of the academy that they will address this matter. She suggested the fine money go for a pay increase for the officers.
Mr. Lewis has seen cars drag racing on Beaver Dam Avenue.
Mr. Smith stated the salaries are important in keeping good officers.

Manager’s Report
Mr. Sizemore reported when the bids are opened for the police vehicles and the lowest bidder is determined we may have to have a special meeting for council to approve the lowest bid.

The medical clinic project is on schedule and budget.

Mr. Greene made a motion to maintain the 10’ x 50’ section of road between 5th Street and Fritz Street, so People Inc. can purchase two lots from Dan Taylor to build houses on. 2nd by Mr. Hayes (6-0).

Mr. Parris made a motion to accept the Personal Property Tax Relief with the changes made by Mr. Dene. 2nd by Mr. Hayes (6-0).

TOWN OF DAMASCUS
PERSONAL PROPERTY TAX

AN ORDINANCE TO PROVIDE FOR THE IMPLEMENTATION OF THE 2004-2005 CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF
1998 – SPECIFIC RELIEF

WHEREAS THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998, VA. CODE §58.1-3523 ET SEQ. (“PPTRA”), HAS BEEN SUBSTANTIALLY MODIFIED BY THE ENACTMENT OF CHAPTER 1 OF THE ACTS OF ASSEMBLY, 2004 SPECIAL SESSION I (SENATE BILL 5005), AND THE PROVISIONS OF ITEM 503 OF CHAPTER 951 OF THE 2005 ACTS OF ASSEMBLY (THE 2005 REVISIONS TO THE 2004-06 APPROPRIATIONS ACT, HEREINAFTER CITED AS THE “2005 APPROPRIATIONS ACT”); AND

WHEREAS THESE LEGISLATIVE ENACTMENTS REQUIRE THE TOWN TO TAKE AFFIRMATIVE STEPS TO IMPLEMENT THESE CHANGES, AND TO PROVIDE FOR THE COMPUTATION AND ALLOCATION OF RELIEF PROVIDED PURSUANT TO THE PPTRA AS REVISED; AND

WHEREAS THESE LEGISLATIVE ENACTMENTS PROVIDE FOR THE APPROPRIATION TO THE TOWN, COMMENCING IN 2006, OF A FIXED SUM TO BE USED EXCLUSIVELY FOR THE PROVISION OF TAX RELIEF TO OWNERS OF QUALIFYING PERSONAL USE VEHICLES THAT ARE SUBJECT TO THE PERSONAL PROPERTY TAX (“PPT”) ON SUCH VEHICLES.

BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF DAMASCUS, VIRGINIA THAT §§ 130-133 OF CHAPTER 22 OF THE CODE OF DAMASCUS, HERETOFORE RESERVED, SHALL BE AND HEREBY ARE ENACTED AND ADOPTED AS FOLLOWS:

DIVISION 2. PERSONAL PROPERTY TAX RELIEF

§ 130. PURPOSE; DEFINITIONS; RELATION TO OTHER ORDINANCES.
(A) THE PURPOSE OF THIS ORDINANCE IS TO PROVIDE FOR THE IMPLEMENTATION OF THE CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998, VA. CODE §58.1-3523 ET SEQ. (“PPTRA”) EFFECTED BY LEGISLATION ADOPTED DURING THE 2004 SPECIAL SESSION I AND THE 2005 REGULAR SESSION OF THE GENERAL ASSEMBLY OF VIRGINIA.

(B) TERMS USED IN THIS ORDINANCE THAT HAVE DEFINED MEANINGS SET FORTH IN PPTRA SHALL HAVE THE SAME MEANINGS AS SET FORTH IN VA. CODE § 58.1-3523, AS AMENDED.
(C) TO THE EXTENT THAT THE PROVISIONS OF THE ORDINANCE CONFLICT WITH ANY PRIOR ORDINANCE OF PROVISION OF THE TOWN CODE, THIS ORDINANCE SHALL CONTROL.
§ 131. METHOD OF COMPUTING AND REFLECTING TAX RELIEF. (A) FOR TAX YEARS COMMENCING IN 2006, THE TOWN ADOPTS THE PROVISIONS OF ITEM 503.E OF THE 2005 APPROPRIATIONS ACT, PROVIDING FOR THE COMPUTATION OF TAX RELIEF AS A SPECIFIC DOLLAR AMOUNT TO BE OFFSET AGAINST THE TOTAL TAXES THAT WOULD OTHERWISE BE DUE BUT FOR PPTRA AND THE REPORTING OF SUCH SPECIFIC DOLLAR RELIEF ON THE TAX BILL.
(B) THE COUNCIL SHALL SET THE PERCENTAGE OF TAX RELIEF AT SUCH A LEVEL THAT IT IS ANTICIPATED FULLY TO EXHAUST PPTRA RELIEF FUNDS PROVIDED TO THE TOWN BY THE COMMONWEALTH.
(C) PERSONAL PROPERTY TAX BILLS SHALL SET FORTH ON THEIR FACE THE SPECIFIC DOLLAR AMOUNT OF RELIEF CREDITED WITH RESPECT TO EACH QUALIFYING VEHICLE, TOGETHER WITH AN EXPLANATION OF THE GENERAL MANNER IN WHICH RELIEF IS ALLOCATED.
§ 132. ALLOCATION OF RELIEF AMONG TAXPAYERS. (A) ALLOCATION OF PPTRA RELIEF SHALL BE PROVIDED IN ACCORDANCE WITH THE GENERAL PROVISIONS OF THIS SECTION, AS IMPLEMENTED BY THE SPECIFIC PROVISIONS OF THE TOWN’S ANNUAL BUDGET RELATING TO PPTRA RELIEF.
(B) RELIEF SHALL BE ALLOCATED IN SUCH AS MANNER AS TO ELIMINATE PERSONAL PROPERTY TAXATION OF EACH QUALIFYING VEHICLE WITH AN ASSESSED VALUE OF $1,000 OR LESS.
(C) RELIEF WITH RESPECT TO QUALIFYING VEHICLES WITH ASSESSED VALUES OF MORE THAN $1,000 SHALL BE PROVIDED AT A PERCENTAGE, ANNUALLY FIXED AND APPLIED TO THE FIRST $20,000 IN VALUE OF EACH SUCH QUALIFYING VEHICLE, THAT IS ESTIMATED FULLY TO USE ALL AVAILABLE STATE PPTRA RELIEF. THE PERCENTAGE SHALL BE ESTABLISHED ANNUALLY AS A PART OF THE ADOPTED BUDGET FOR THE TOWN.
§ 133. TRANSITIONAL PROVISIONS. (A) PURSUANT TO AUTHORITY CONFERRED IN ITEM 503.D OF THE 2005 APPROPRIATIONS ACT, THE TOWN TREASURER IS AUTHORIZED TO ISSUE A SUPPLEMENTAL PERSONAL PROPERTY TAX BILL, IN THE AMOUNT OF 100 PERCENT OF TAX DUE WITHOUT REGARD TO ANY FORMER ENTITLEMENT TO STATE PPTRA RELIEF, PLUS APPLICABLE PENALTIES AND INTEREST, TO ANY TAXPAYER WHOSE TAXES WITH RESPECT TO A QUALIFYING VEHICLE FOR TAX YEAR 2005 OR ANY PRIOR TAX YEAR REMAIN UNPAID ON SEPTEMBER 1, 2006, OR SUCH DATE AS STATE FUNDS FOR REIMBURSEMENT OF THE STATE SHARE OF SUCH BILL HAVE BECOME UNAVAILABLE, WHICHEVER EARLIER OCCURS.
(B) PENALTY AND INTEREST WITH RESPECT TO BILLS ISSUED PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL BE COMPUTED ON THE ENTIRE AMOUNT OF TAX OWED. INTEREST SHALL BE COMPUTED AT THE RATE ADOPTED BY THE DAMASCUS TOWN COUNCIL FROM THE ORIGINAL DUE DATE OF THE TAX.

Attorney’s Report
Mr. Dene asks the Ordinance Review Committee to meet on December 15, 2005 at 7:00pm.
Mr. Dene also requested closed session for 2.2 3711 (A7) consultation with counsel Town vs. Ralph Smith case, and consultation with counsel regarding the enforcement of the nuisance ordinance.
Mr. Lewis made a motion for closed session for the above items 2nd by Mr. Hayes (6-0).

Ms. Farmer made a motion not to accept the Triplett Property, which will allow Mr. Triplett to approach Abingdon if they are interested in it. 2nd by Mr. Morgan (6-0).

Mr. Morgan made a motion not to support the United Way 2nd by Mr. Hayes (6-0)).

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

Mr. Lewis made a motion for closed session. 2nd by Mr. Hayes (6-0).

_____________________________ ____________________________
Mayor, Creed Jones Tonya Triplett, Clerk

CLOSED SESSION MINUTES

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

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

A motion was made by Mr. Greene and 2nd by Mr. Morgan to give part-time employees a $50 Christmas bonus and full time employees $100. (6-0).

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