MINUTES FOR APRIL 3, 2006

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

Mayor Jones called the meeting to order.
Mr. Jones led the Pledge of Allegiance and prayer.

Mr. Hayes made a motion to approve the minutes of March 6, 2006 as written. 2nd by Mr. Morgan. (6-0).

Mr. Morgan made a motion to approve the minutes of the special called meeting on March 17, 2006, with the changes that Tom Hayes was not present and Lannis Greene was present. 2nd by Mr. Lewis (4-0-2 Mr. Parris and Mr. Hayes abstained).

Committee Reports

Budget, Finance and Administration – Ms. Farmer
Budget meeting was set for April 6 at 5:30.
Ms. Farmer made a motion for Damascus Little League to receive the $3,000 for the 05-06-budget year. 2nd by Mr. Hayes (6-0).

Street, Lights and Maintenance- Mr. Parris
Susie Montgomery of Montgomery Homestead request a trash can be place on the corner of Laurel Avenue and North Shady Avenue.
Mr. Hayes made a motion to place a can at that location. 2nd by Mr. Lewis (6-0).

Sewer, Water and Sanitation – Mr. Greene
The flow at the plant is under flow.
Surplus has a one-ton, 4 wheel drive vehicle, with a generator for $3,000.
Mr. Greene made a motion to purchase the vehicle from surplus for $3,000. 2nd by Mr. Hayes (6-0).

Parks and Recreation – Mr. Hayes
About 100 booths have been sold for Trail Days.
Tables and chairs have been purchased for the pool.
Mr. Hayes made a motion to waive the $50 fee for rental of the gazebo for the Damascus Middle School 8th grade graduation party and dance. 2nd by Ms. Farmer. (6-0).

Police and Fire Advisory
Denny Clark has resigned and will be leaving April 15,2006. He has court dates after the 15th for the Town of Damascus, and has requested his annual bonus due April 22nd be allowed.
Mr. Hayes made a motion to allow Mr. Clark his annual bonus due April 22. 2nd by Mr. Greene (6-0).

ADAM Committee
The candidates comments are being put on the website.
Adam plans to put in a wireless web in at the Baja Café and purchase a new computer system.

Mayor requested doing something in honor of Ms. Elizabeth McKee. Ms. Triplett will check some prices on benches for the park in honor of Ms. McKee, Mr. Chester Gentry and Ms. Nancy Blevins.

Citizens Comments
Ms. Grasselli reported a forum for the candidates would be held April 20, 2006 at Damascus Middle School.
Ms. Grasselli suggested also honoring James Foster.
A Naturalist rally will be held May 12 & 13 in Konnarock.

Jared Yelton from Baja Café addressed council about a problem with his dumpster. The landowner across the street does not want the dumpster there. Council will check into the rights-of-way and let Mr. Yelton know what they find.

Mr. Yelton presented council with a list of items for the planters and flowers.
Mr. Morgan made a motion to approve $1,000 to Discover Damascus for planters and flowers. They will provide receipts for their purchases and refund any unused money. 2nd by Mr. Parris (6-0).
Mr. Greene suggested creating a part-time position to care for the planters.

Manager’s Report
Mr. Sizemore reported the $37,500 for the police cars is in the bank. The radar equipment is included
and will be installed.

Mr. Morgan made a motion to approve $1,000 for the Crooked Road Project. 2nd by Mr. Greene (6-0).
The Crooked Road is also asking council put $1,250 in the budget for next year.

Mr. Sizemore has a rough list of the roads that need work and will be meeting VDOT to see which roads we need to work on.

A $1.4 million application for the Orchard Hill project has been submitted and we should hear in late summer if we will receive the grant.

Dan Taylor ask for a letter from the town allowing Washington County Service Authority to maintain a 4” line installed by Mr. Taylor.
Mr. Hayes made a motion to allow WCSA to maintain a new waterline within its existing easement on 5th Street. 2nd by Mr. Morgan (5-0-1 Ms. Farmer abstained.)

Attorney’s Report
Mr. Dene reported the bond was executed last week. The Town has three years to use the $40,000 left on the B Bond, if the money is drawn down after that it will created serious tax problems.
The town can adopt an ordinance against drug paraphernalia, whether to criminalize it or regulate it and require the person doing it to purchase a license from the town.
Mr. Greene made a motion to have Mr. Dene work on an ordinance to criminalize drug paraphernalia. 2nd by Mr. (6-0).

There will be a public hearing for the pump station and adult business ordinance before the May meeting.

Carolyn Henderson’s term on the Board Of Zoning Appeals is near expiring and someone needs to fill that position. We will talk with Ms. Henderson to see if she is willing to serve another term.

The enforcement action that was discussed and authorized at the last meeting has been filed with the Circuit Court of Washington County.

New Business
The dental equipment has been delivered to the medical clinic.

The Easter Egg Hunt will be April 15th at Backer Park.

Consent Agenda
Mr. Lewis made a motion to pay the bills. 2nd by Mr. Hayes (6-0).

Mr. Morgan made a motion for closed session to discuss 2.2 3711(A) (1) police department personnel. 2nd by Mr. Hayes. (6-0).

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

Motion made by Mr. Lewis and seconded by Mr. Hayes to go out of closed session (6-0).

Motion to certify made by Mr. Hayes seconded by Mr. Greene (6-0).

Motion by Mr. Greene and 2nd by Mr. Morgan to fill patrolman position (6-0).

Motion made by Mr. Greene 2nd by Mr. Lewis $9.50 for 90 days then review, hire David Musser. If Mr. Musser does not want the position offer to Mr. Richardson and then Mr. McConnell. (3-2 Mr. Hayes and Mr. Morgan nay.

A motion to recess was made by Mr. Hayes, 2nd by Mr. Lewis reconvene April 18 at 7:00pm. (6-0).

April 18, 2006 7:00pm Damascus Town Hall

Mariana Farmer was absent

Mayor Jones declared the meeting in session.

Mayor Jones requested the town contribute $1,500 to the O’ Winston Link Celebration. A granite monument will be purchased and placed at the Green Cove Station.

Mr. Hayes made a motion to contribute $1,500 to the O’ Winston Link Celebration payable after July 1. 2nd by Mr. Lewis (5-0).

Mr. Greene suggested Mr. Musser meet with Mr. Rutherford and start work as a patrolman on Monday, May 24.

Mr. Morgan made a motion to hire Tony Richardson as police chief at $13.96 per hour beginning after May 2. 2nd by Mr. Parris (5-0).

Jack McCrady addressed council about a possible sports complex in Damascus. He will try to secure some money if the council would be willing to donate some of the Mobay property and help with some of the maintenance.

Mr. McCrady also stated there is an interest in creating an authority to control the Creeper Trail. He suggested having representatives from both the Town of Damascus and the Town of Abingdon and the Forest Service. The grant money could be used for the trail as a whole and not just section one section.

Thomas Dene suggested council might want to reconsider the bulk requirements for minimum site size. The 10,000 sq. ft. requirement is unrealistic and most lots in town do not have 10,000 sq. ft.
Mr. Greene made a motion to refer the bulk requirements provisions of the zoning ordinance to the planning commission. 2nd by Mr. Hayes (5-0).

There are cross actions pending in the Circuit Court of Washington County with Mr. Smith. He filed action against the town to get an injunction against us so we could keep his sewer open.

Mr. Parris made a motion to adjourn. 2nd by Mr. Morgan (5-0).

___________________________________ _____________________________________
Creed Jones, Mayor

MINUTES FOR May 1, 2006

Council Members Present: Marianna Farmer, Don Morgan, Tom Hayes, Lawrence Lewis, and Lannis Greene

Creed Jones, Mayor

Tonya Triplett, Clerk

Thomas Dene, Attorney

Aaron Sizemore, Town Manager

Mayor Jones called the meeting to order.

Mr. Jones led the Pledge of Allegiance and prayer.

Mr. Hayes made a motion to approve the minutes of the meeting on April 6 that carried over to April 18, 2006, 2nd by Mr. Morgan (5-0).
Committee Reports

Budget, Finance and Administration – Ms. Farmer
Budget meeting was set for May 9 at 5:30.

Public Hearing – Ordinance to Convey Real Property was called to order.

Washington County Service Authority would like to purchase land for a pump station on for $6,000.

Mr. Johnny Blevins questioned if the Town would be better to charge per gallon instead of selling the land.

Mr. Dennett Dwyer questioned if the placement of the station would divide the land and make part of the property unusable. Mr. Dene explained the property is very small and it should not hinder the use of any of the other property.

Washington County Service Authority will have to obtain the necessary zoning and subdivision approvals from the town.

Mayor Jones declared the public hearing closed.

TOWN OF DAMASCUS

ORDINANCE TO CONVEY REAL PROPERTY

WHEREAS, the Town Council deems it advisable to convey the below described real property to the Washington County Service Authority (“WCSA”); and

WHEREAS, the Town Council has conducted a public hearing after notice as required by law; and

NOW, THEREFORE, be it hereby ORDAINED:

1. Subject to zoning and subdivision approval, the Town shall convey to the WCSA for the sum of $6,000.00 a 0.061 acre tract of land, a 0.029 acre tract of land and an permanent access easement, all which are more particularly described on a plat styled “Permanent Access Easement and Land Boundary Partition Survey” by David S. Breeding, LS, dated March 31, 2005.

2. The Mayor is authorized and directed to execute any necessary documents to accomplish the conveyance.

This ordinance shall become effective upon adoption.

Public Hearing – Ordinance to Regulate By Zoning The Operation of Adult Businesses and Uses In The Town of Damascus.

The planning commission has been working on this ordinance for two months and has recommended it.

Buffer zones have been set between residential districts and near schools, parks and public facilities.

Mayor declared the public hearing closed.

ORDINANCE

WHEREAS, with accelerated business and residential growth in the Town of Damascus, Virginia, pressures between competing business activities and residential interests have increased; and

WHEREAS, one example of such competing interests involves the arrival in the County of Washington and in other nearby localities of adult-oriented businesses, which has created concerns regarding the effects of such types of businesses on surrounding uses; and

WHEREAS, the Town Council of the Town of Damascus, Virginia, finds it in the best interests of the public health, safety, and welfare to use the zoning ordinance of the town to accommodate the possible location of adult use businesses as well as to protect the surrounding uses from the potential deleterious effects of such businesses if improperly located;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Damascus, Virginia, after notice and public hearing, as required by law:

ARTICLE 1. MEASUREMENTS

Sec. 1. Measurements.

(a). Where the provisions of this chapter call for distances between a permitted use or activity and another use or activity, the distance shall be measured as follows,

1. If structures are present on both properties, the distance shall be measured between the nearest parts of the main use structures on or in which the use or activity is to be located or conducted on each parcel.

2. If no structure is present on one of the properties, then the distance shall be measured between the nearest part of the main use structure on or in which the use or activity is located on one parcel to the nearest property boundary line of the property without a structure.

3. If no structure is present on either property, then the distance shall be measured between the nearest property boundary lines of each property.

(b). Where the provisions of this chapter call for distances between a zoning district and another use or activity, then the measurement shall be measured as follows:

1. If a structure is present on the parcel on which the proposed use is to be located, the measurement shall be from the nearest boundary of the designated zoning district to the nearest part of the main use structure on or in which the use or activity is to be located or conducted, or,2. If no structure is present on the parcel on which the proposed use is to be located, the measurement shall be from the nearest boundary of the designated zoning district to the nearest property line of the property where the use or activity is to be located or conducted, or,

3. In cases of a split-zoned lot where the zoning district boundary lies across a part of a property, and where a method of measurement in accordance with any other provision of law is more restrictive, the zoning administrator shall utilize the more restrictive method.

(c). If an ordinance specifies a different method of measurement from that specified in this subsection, then the method so specified shall control.

(d). The zoning administrator shall accept measurements taken by a field survey certified by a licensed engineer or surveyor or measurements taken and verified using the Washington County geographic information system database.

ARTICLE II. ADULT USES

Sec. 2. Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words and terms not herein defined shall have the meaning customarily assigned to them. Words used in the present tense include the future tense; the singular includes the plural, and the plural the singular; the word "shall" is mandatory; the word "may" is permissive. The zoning administrator’s finding that any of the following definitions accurately describe a use or proposed use shall be presumed to be correct unless the subject owner or operator rebuts the presumption by clear and convincing evidence.

Adult bookstore or adult video store means an establishment that:

(a). Has as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of any one or more of the following: publications (including books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations) that are characterized or distinguished by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas,” and/or instruments, devices or equipment that are designed for use in connection with "specified sexual activities,” or

(b.) Receives a majority of its gross income during any calendar month from the sale, rental, or viewing of any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations that are characterized or distinguished by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas,” and/or instruments, devices, or equipment that are designed for use in connection with "specified sexual activities,”

Adult drive-in theater means an open lot or part thereof with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult entertainment establishment means a restaurant, nightclub, private club, or similar establishment that features, on a regular basis, live performances or other employment related activities involving persons who are nude or seminude. Any establishment that features such performances or other employment-related activities more than one day in a 30-day period shall be deemed to be an adult entertainment establishment. This definition shall not apply to a legitimate theatrical performance where nudity or semi nudity is only incidental to the primary purpose of the performance. For the purposes of this definition, "seminude" shall mean:

(a). Less than completely and opaquely covered human genitals, anus, pubic region, buttocks, areolae of the female breast, or female breasts below a point immediately above the top of the areolae, excepting any portion of the cleavage of the female breast exhibited by a dress, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae are not fully or partially exposed;

(b). Human male genitals in a state of arousal even if completely and opaquely covered.

Adult mini-motion picture theater means an establishment with a capacity of more than 5, but less than 50, persons where for any form of consideration films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a preponderant portion of the total presentation time is devoted to the showing of material that is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult model studio means any establishment open to the public where for any form of consideration or gratuity figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons paying such consideration or gratuity. This provision shall not apply to any school of art that is operated by an individual, firm, association, partnership, corporation or institution that meets the requirements established in Code of Virginia (1950), as amended, for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

Adult motion picture theater means an establishment with a capacity of 50 or more persons where for any form of consideration films, motion pictures, video cassettes, slides or similar photographic reproductions are shown and in which a preponderant portion of the total presentation time is devoted to the showing of material that is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult use means any adult bookstore, adult video store, adult entertainment establishment, adult motion picture theater, adult minimotion picture theater, adult motion picture arcade, adult model studio, or adult drive-in theater, as defined herein. Also included are establishments that sell instruments, devices or equipment that are designed for use in connection with specified sexual activities.

Specified anatomical areas means:

(a). Less than completely and/or opaquely covered human genitals, anus, pubic regions, buttocks, areolae of the female breast, or female breasts below a point immediately above the top of the areolae, excepting any portion of the cleavage of the female breast exhibited by a dress, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae are not fully or partially exposed.

(b). Human male genitals in a state of arousal even if completely and opaquely covered.

Specified sexual activities means:

(a). Human genitals in a state of stimulation or arousal;

(b). Acts of human masturbation, sexual intercourse or sodomy; and

(c). Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

Sec. 3. Adult Uses

(a). Intent: Within the town, it is recognized that there are some uses that because of their nature are recognized as having serious objectionable operational characteristics particularly when several of them are located in a concentrated manner in near proximity to each other or located in direct proximity to residential neighborhoods and/or certain other types of uses thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects.

(b). Uses subject to regulation by this Article are as follows:

1. Adult bookstore or adult video store

2. Adult drive-in theater

3. Adult entertainment establishment

4. Adult mini-motion picture theater

5. Adult model studio

6. Adult motion picture arcade

7. Adult motion picture theater

8. Adult use

Sec. 4. Requirements

Each of the uses regulated by this Article shall require a conditional use permit. Such permit shall be subject to the requirements of this chapter. These uses may only be considered in the C-1 and C-2 zoning districts as follows:

Note: “S” denotes the requirement of a conditional use permit.

Sec. 5. Distance Requirements and Standards

(a). No adult use may be established within 1500 feet of any other such adult use in any zoning district.

(b). No adult use may be established within 1500 feet of any zoning district except the C1 and C2 districts.

(c). No adult use may be established within 1500 feet of any church or other place of worship, public library, public or private school, educational institution, public park, playground, playfield, tourist home, child day care center, hotel, motel, bed and breakfast, public community recreation center, senior center or the Virginia Creeper Trail.

(d). The establishment of an adult use as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or in part, of an existing business to any adult use.

3. That should any section or provision of this ordinance be decided to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance or the Code of Damascus.

4. That this ordinance shall become effective immediately upon its enactment.

Mr. Greene made a motion to convey real property to Washington County Service Authority for $6,000, 2nd by Ms. Farmer (5-0).

Ms. Farmer made a motion to adopt the ordinance regulating the sell and use of adult products, 2nd by Mr. Hayes (5-0).

Street, Lights and Maintenance- Mr. Parris

The public works department has installed the donated benches. There is $12,000 in the budget for street paving, Mr. Sizemore will get with someone on the committee and get started.

Sewer, Water and Sanitation – Mr. Greene

The flow at the plant has been up for a couple of days with the heavy rain.

Mr. Greene requested closed session for personnel.

Parks and Recreation – Mr. Hayes

Mr. Hayes made a motion to hire Dana Lethcoe, as pool manager at $10 per hour, 2nd by Mr. Lewis (5-0).

Trail Days is on schedule and the park is almost full.

Planning Commission

The planning commission recommended the adult business ordinance. Also, discussed the subdivision of the Triplett property.

Police and Fire Advisory

Mr. Morgan made a motion to require purchase orders for the police department, 2nd by Mr. Hayes. (5-0).

Two new officers have been hired.

ADAM Committee

The website is still going strong. Mr. Smith continues to make improvements.

Citizens Comments

Ms. Lamb commended the candidates who participated in the League of Women Voters forum last week. Ms. Lamb reminded the council the parking lot next to the Old Mill belongs to the town and should be being used for public parking. Mr. Greene suggested the town post some “Public Parking” signs at the lot.

Ms. Grasselli requested the town hire someone to man the Caboose at $6,000 per year.

Mr. Hayes made a motion to advertise and discuss hours, 2nd by Mr. Lewis (5-0).

Pastor Jane Ayers questioned if there is an ordinance for vagrancy. Mr. Dene suggested getting DSS involved.

Johnny Blevins gave council a letter from Dr. Graves and ask the council not to release control of Backer Park to the county. Mr. Blevins reported the school system would only maintain the field from March-May and will not mow or maintain it when they are not playing baseball at the field.

Manager’s Report

Mr. Sizemore reported the $37,500 for the police is here and we are waiting on the cars.

Mr. Sizemore reported, the bridge for the VDOT T-21 Beaver Dam Creek Trail, running from the Creeper Trail to the end of the Bayer Property, would require a permit from the Marine Resources.

It has been brought to Mr. Sizemore’s attention that parking at Damascus Eats is spilling over and blocking the Creeper Trail. Mr. Dene suggested placing signs at the site.

Mr. Morgan made a motion to place some No Parking signs along the Creeper Trail, 2nd by Mr. Hayes (5-0).

Mr. Dene suggested adding, “People parking here will be towed at their own expense.”

Mr. Hayes suggested the police department take a look at other parking problems.

Mr. Sizemore reported the bulk requirements in the zoning ordinance need to be looked at and the minimum lot size be changed.

Attorney’s Report

Mr. Dene has spoken with Mr. Cornett at Washington County Service Authority and they are in a hurry to get started on the pump station. The planning commission will need to meet and review the bulk requirement ordinance and recommend it to council. The council will then have to hold a public hearing. Then it would go back to planning commission to approve a sub division plat. Mr. Dene suggested running ads in the Washington County News May 10 and 17th, public hearing could be held on May 24th at 7:00 p.m. Planning commission will meet May 16th.

Mr. Dene is working on a paraphernalia ordinance and hopes to have something on May 24th.

A hearing has been scheduled for temporary injunction with Ralph Smith on June 15 at 10:30 a.m.

Consent Agenda

Ms. Farmer made a motion to pay the bills, 2nd by Mr. Morgan (5-0).

Ms. Farmer reported the benches were donated and the public works installed them. The ladies taking care of the flowers have cleaned out the box in the park and they should start work on the planting around the end of the week.

Mayor requested permission to take the old benches and placed them by the riverbank at the Old Mill, anchor them so they don’t get washed away.

Ms. Farmer made a motion to approve placement of the benches by the riverbank, 2nd by Mr. Hayes (5-0).

Mr. Morgan made a motion for closed session to discuss 2.2 3711(A) (1)-sewer department personnel. 2nd by Mr. Hayes. (5-0).

_____________________________ ____________________________

Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

Motion made by Mr. Hayes and seconded by Mr. Morgan to go out of closed session (5-0).

Motion to certify made by Mr. Morgan seconded by Mr. Greene (5-0).

Motion made by Mr. Greene 2nd by Mr. Morgan to increase Cindy Freedman’s pay .50 on the hour for a class four license.

A motion to recess until May 24, 7:00 p.m. made by Mr. Hayes, 2nd by Mr. Greene (5-0).

May 24, 2006, 7:00 p.m.

Present: Mariana Farmer, Lawrence Lewis, Maurice Parris

Thomas Dene, Town Attorney

Tonya Triplett, Town Clerk

Creed Jones, Mayor

There were not enough council members to conduct business. A public hearing was held to change the zoning ordinance. Ordinance Amending Section 9.1 Of The Zoning Ordinance Of Code Of The Town of Damascus.

Eleanor Grasselli questioned why the meeting was not advertised on the board out front.

Nancy Lamb asks council to reconsider for residential areas. She stated there is no good grounding and the decision will change the aspect of the town.

Bron Duncan questioned if this would penalize the property owners.

Shirley Brand asks for more thought to go into the decision, the decision will set the standard for future decisions.

Johnny Blevins questioned if the setbacks were also going to be changed.

Mayor declared the hearing closed.

A special called meeting was set for May 30, 7:00 p.m.

MINUTES FOR JUNE 5, 2006

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

Public Hearing held at 7:00 for the 2006-07 budget.
Mr. Cartwright questioned money for the library. Ms. Farmer stated the money for the library was put in the budget.
Ms. Lamb questioned the Flood Control Expense and the Public Works budget being cut almost in half. Mrs. Farmer explained the Flood Control is an account setup in case we were to get funds for a flood, there is an expense and a revenue side, and is a wash. The public works does not include the $50,000 for a building that was in last years budget. Some accounts were combined, and $15,000 in last year’s budget for facilities was reduced because only $4,000 was spent last year.

Mayor Jones declared the public hearing closed.
Regular Town Council Meeting June 5, 2006

Mayor Jones called the meeting to order.
Mr. Jones led the Pledge of Allegiance and prayer.

Ms. Farmer made a motion to approve the minutes of the meeting on May 1 that carried over to May 24 as written. 2nd by Mr. Lewis (3-1-0 Mr. Parris abstained, he was absent for the May 1 meeting).

Ms. Farmer made a motion to approve the minutes of the special called meeting on May 30, 2006 as written. 2nd by Mr. Parris (4-0).

Committee Reports

Budget, Finance and Administration – Ms. Farmer
A public hearing on the budget was held just before the council meeting.
Ms. Farmer made a motion that July 3 & 4 are holidays and that the July council meeting be held on Wednesday July 5, 2006 at 7:00. 2nd by Mr. Parris (4-0).
Mr. Lewis made a motion to authorize the Budget, Finance and Administration Committee to make a decision on the health insurance program. 2nd by Mr. Greene (4-0).

Street, Lights and Maintenance- Mr. Parris
Mr. Parris asked the public works department to take the chipper and get the brush that was cut by the power company, above the hosiery mill.

Sewer, Water and Sanitation – Mr. Greene
Mayor Jones thanks the employees for their hard work during Trail Days.

Parks and Recreation – Ms. Farmer
Ms. Farmer thanks all volunteers of Discover Damascus for their help with Trail Days. All comments have been positive.
Mr. Smith commented on the positive comments about the police department.

Ms. Farmer made a motion to approve a 2800-3000 psi pressure washer to be purchased and used at the pool and in the public works department. 2nd by Mr. Parris (4-0).

Planning Commission
The planning commission has been meeting and has one item of business that will hopefully be resolved at the June meeting.

Police and Fire Advisory
Chief Tony Richardson introduced himself and has an open door policy if anyone needs anything. Mr. Richardson stated all the comments he has heard about Trail Days have been positive and folks say it is the best it has ever been. They had some parking tickets, one DUI and some minor drug charges.
There will be a $500 delivery charge for the police cars, when they come in.
Mr. Lewis made a motion to approve Mr. Rouse and Mr. McVey to attend the DNA Evidence Collection Class in Roanoke June 8 & 9. 2nd by Ms. Farmer (4-0).

Mr. Greene made a motion to approve a refund to Steven McVey for a week of investigation classes. The total amount is $755. 2nd by Ms. Farmer (4-0).

ADAM Committee
The website is receiving over 500 hits a day.
Ms. Farmer made a motion to purchase two new computers at $499 each. 2nd by Mr. Parris (4-0).
Wireless internet has been installed at the Baja.

Ms. Farmer made a motion to have the July 4th Celebration on July 3, 2006 starting at 5:30 p.m. with two bands and fireworks from Chris Manuel. 2nd by Mr. Parris (4-0).

Ms. Farmer made a motion to waive the fee for a fundraiser for St. Jude Children’s Hospital. Last year they raised over $43,000 and all the money went to help the children at St. Jude. 2nd by Mr. Parris (4-0). Mr. Greene suggested we also look at making a donation.

Tickets for the O’Winston Link fundraiser June 15, 2006 at the Martha Washington Inn are on sale at Town Hall.

Ms. Farmer made a motion to put out an RFP for a new roof for the complete Town Hall building as well as the fire department. 2nd by Mr. Greene (4-0).

Citizens Comments
Ms. Lamb is concerned about the lack of proper notice for special called planning commission meetings. State laws require three days and she wants to see us do better.

Ms. Grasselli announced people who signed the registers for the programs at the Rock School represented 32 states, England and Australia.

Tom Horsch asked council not to support the ordinance for use of the Creeper Trail. He does not want to support the hours of operation. Mr. Horsch feels this would limit the citizens of Damascus, as many residents use the trail as a means of transportation.

Ms. Carolyn Henderson stated she is a resident on South Shady Avenue and she had no problems during Trail Days. Ms. Henderson thanked the committee and police department for the most organized Trail Days yet.

Mr. Johnny Blevins commended Lawrence Lewis for his service to the town.
Mr. Lewis stated he had served on council for 20 years and had seen Damascus grow; he would like to see it grow more. “With the help of the citizens and the county Damascus can be a bright spot on the map.”

Manager’s Report
Mr. Sizemore reported the $37,500 for the police cars was sent back to Rural Development and we will ask for it again when the cars are here.

Mr. Sizemore reported, the bridge for the VDOT T-21 Beaver Dam Creek Trail has been signed off on by VDOT and Hill Studio will be getting the joint permit.

Mr. Sizemore is working on the No Parking signs on the Creeper Trail at Damascus Eats. The signs must come from VDOT in order for the police department to enforce them.
Mr. Parris made a motion to adopt the State Water Control Board Resolution, which authorizes Mount Rogers Planning District Commission to develop an application for water supply planning grant funds and to develop a regional water supply plan which will meet mandated regulations. 2nd by Ms. Farmer (4-0).

Attorney’s Report
Mr. Dene reported the planning commission has approved the sub-division plat and the surveyor is preparing the final version of the plat for the pump station. When the final plat is ready, Mr. Horsch will sign it, Mr. Dene will prepare a deed and we will exchange the deed for the money.

Mr. Parris made a motion to recommend Carolyn Henderson to the Circuit Court of Washington County to serve on the Board of Zoning Appeals for a 5-year term. 2nd by Ms. Farmer (3-1-1 with Mr. Greene abstaining).

Mr. Dene asks council to review the joint ordinance pertaining to rules of the Virginia Creeper Trail; he will take all recommendations back to Abingdon.
Section 6 – Fishing be deleted.
Section 17- 20 ft. right-of-way
Section 19- Hours of Operation and permits
Section 20- Loitering
Section 21- Enter and leave the trail at trailhead entrances and junctions.

New Business
Mr. Greene reported two trees in the park, that were memorial trees have died and they should be replaced.

Mr. Greene made a motion not to allow vendors in the park other than sanctioned festivals by the town. 2nd by Ms. Farmer (4-0).

Consent Agenda
Ms. Farmer made a motion to pay the bills, 2nd by Mr. Lewis (4-0).

Ms. Farmer thanked Mr. Lewis for his 20 years of service as a councilman and also serving on the budget, finance committee.

Ms. Farmer made a motion for closed session to discuss 2.2 3711(A) (1 personnel. 2nd by Mr. Parris. (4-0).

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

Motion made by Mr. Lewis and seconded by Mr. Parris to go out of closed session (4-0).

Motion to certify made by Mr. Parris seconded by Ms. Farmer (4-0).

A motion to adjourn was made by Ms. Farmer and 2nd by Mr. Greene (4-0).

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Special Called Meeting of Damascus Town Council
June 28, 2006 6:00pm at Town Hall

Present: Lannis Greene, Don Morgan, Marianna Farmer, Lawrence Lewis, Tom Hayes, Tonya Triplett, Clerk, Thomas Dene, Town Attorney
Absent: Maurice Parris, Mayor Jones

Mr. Lewis called the meeting to order.

Mr. Dene requested and Mr. Greene made a motion to go into closed session for 2.2 3711 (A) (7) Town of Damascus v/s Ralph Smith and 2.2 3711 (A) (1) personnel. 2nd by Ms. Farmer (5-0).

CLOSED SESSION MINUTES

Motion made by Mr. Morgan and seconded by Mr. Greene to go out of closed session (5-0).

Motion to certify made by Ms. Farmer seconded by Mr. Morgan (5-0).

Motion for the Town of Damascus to return Ralph Smith’s check certified mail to Mr. Austin by Mr. Greene seconded by Mr. Morgan (5-0).

Adjournment Mr. Greene seconded by Mr. Hayes (5-0).

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Lawrence Lewis, Vice Mayor Tonya Triplett, Clerk