Town Council Minutes
July / August / September

2006

DAMASCUS TOWN COUNCIL
MINUTES FOR JULY 5, 2006

Council Members Present: Marianna Farmer, Maurice Parris, Lannis Greene, Mitchel Greer, Jim Cartwright, and Johnny Blevins
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.

Mayor Jones welcomed Jim Cartwright, Mitchel Greer and Johnny Blevins to council.

Ms. Farmer made a motion to approve the minutes of the meeting on June 5, 2006 as written. 2nd by Mr. Parris (6-0).

Ms. Farmer made a motion to approve the minutes of the special called meeting on June 28, 2006 as written. 2nd by Mr. Blevins (5-0-1 Mr. Parris abstained, he was not at the meeting).

Mr. Blevins made a motion to nominate Ms. Farmer for the Vice Mayor position. 2nd by Mr. Cartwright (6-0).

Jack McCrady asks the new council to pass a new resolution supporting the library.

Mr. Cartwright made a motion to support a new resolution. 2nd by Mr. Greene (6-0).

Mr. McCrady also requested a resolution supporting the donation of property for a sports complex.
Charlotte Parsons reported they are seeking funding from the Tobacco Commission and Rural Development can provide a low interest loan for the library.

Beth Mertz reported the Forestry Department wants to do some work above the Bayer Property to stabilize the riverbank.

Stop and caution signs will be placed on the Creeper Trail at road crossings.

Also, they are working on the permits for the shuttle services for use of the Virginia Creeper Trail. The permits will most likely be a percentage based on the gross sales of the business.

Mr. Blevins questioned the use of the old ranger station just outside of town. Ms. Merz explained it is a historical site and any work done should comply with the Secretary of Interiors standards for rehabilitating historic structures. The Forestry Department has a need for housing for long distance volunteers and they hope to get grant money to restore house.

Winston Link celebration at Green Cove Station on October 7, 2006.

Ms. Farmer questioned what could be done to widen the trail through the park. Ms. Merz will check on the process.

Sally Garrett requested $1,380 to help with training and materials for Damascus residents being served by the Highlands Educational Literacy Program.

Mr. Greene made a motion to approve the $1,380 request for the literacy program. 2nd by Mr. Parris (6-0).
Committee Reports

Budget, Finance and Administration – Ms. Farmer

Mr. Parris made a motion to approve the 2006-07 budget. 2nd by Mr. Cartwright (6-0).

Tonya Triplett has acquired scholarship money to pay up to $1,100 of the cost of attending the Clerk’s Institute in October at Old Dominion University.

Ms. Farmer made a motion to cover the expenses of the institute and the town will be reimbursed after Ms. Triplett attends. 2nd by Mr. Cartwright (6-0).

Mr. Parris made a motion to switch the propane gas to Ferrellgas Company. 2nd by Ms. Farmer (6-0).

Street, Lights and Maintenance- Mr. Parris

Mayor Jones had some complaints about poison ivy on the trestles, he has talked with Joe and the public works department is taking care of it.

Parks and Recreation – Mr. Blevins

July 4th celebration at the park went well. Mr. Blevins thanked Chris Manuel for the best fireworks show the town has ever had.

Planning Commission

The planning commission had a meeting on the taxidermy shop and got everything settled.
Police and Fire Advisory

The police car that was wrecked a few months ago had more damage than originally thought and the adjuster will be looking at the car again.

Mr. Parris made a motion to contact GSPS and buy another Impala along that line, 30-40K miles $7,000-$8,000 to replace the wrecked car. 2nd by Ms. Farmer (6-0).

Mr. Richardson asks council to change the Ordinance for the auxiliary police force, from 4 officers to 6. Mr. Dene stated the ordinance would require an amendment.

Mr. Cartwright made a motion to table until we have more information. 2nd by Ms. Farmer (6-0).

Mr. Richardson would like to set up a meeting with Virginia Retirement System and see if the police department could be considered. Mr. Cartwright requested he be present at the meeting.

Also, the police department works 12-hour shifts and the way the leave is set up they are not getting the proper amount of time. Mr. Greene suggested the police advisory committee take a look at the issue and make a recommendation to council.

ADAM Committee

The committee purchased one new computer for $840.

Ms. Farmer made a motion to purchase another computer at $840 and that the money come out of last years budget. 2nd by Mr. Parris (6-0).

Citizens Comments

Ms. Lamb requested the $2,000 that was budgeted for the 4-H center.

Mr. Parris made a motion to honor Ms. Lamb’s request. 2nd by Mr. Greene (6-0).

Nita Morton requested $2,000 from the town to help with entertainment expenses for the September Fest, to be held September 8-10.

Mr. Blevins made a motion to approve with an accurate account of the funds at the end of the event. 2nd by Mr. Greene (6-0).

Emily Browning asks council to expand the auxiliary police force.


Manager’s Report

Mr. Sizemore reported we are still waiting on the cars from Ford.

Mr. Sizemore reported, the bridge for the VDOT T-21 Beaver Dam Creek Trail is in order, however VDOT had some questions about the bridge and are waiting on answers from Hill Studio.

The No Parking signs have been placed on the Creeper Trail at Damascus Eats.

Mr. Sizemore stated some changes need to be made on the planning commission.

Mr. Parris made a motion to approve Tom Horsch, Dennett Dwyer and Bron Duncan as new members of the planning commission. 2nd by Mr. Blevins (6-0).

Ms. Farmer requested Tonya Triplett replace Jared Yelton on the Adam Committee.

Mr. Greene made a motion to approve the Damascus Health Center, reappointing Fred Surber for another 5-year term. 2nd by Ms. Farmer (6-0).

Mr. Parris made a motion to approve the Industrial/ Economic Development 2nd by Mr. Cartwright (6-0).

Mr. Cartwright made a motion to approve the Emergency Response Committee 2nd by Mr. Blevins (6-0).

Ms. Farmer made a motion to approve the Adam Committee with Tonya Triplett replacing Jared Yelton 2nd by Mr. Catrwright (6-0).

Mr. Cartwright made a motion to approve the Housing Committee 2nd by Mr. Greene (6-0).

Mr. Parris made a motion to approve other personnel to include Dene & Dene as the town attorney. 2nd by Ms. Farmer (6-0).

Mr. Sizemore will be working with the Public Works Committee to see which streets will be paved.

Attorney’s Report

Council requested Mr. Dene make some changes to the personnel policy and a copy was given to each council member.

Mr. Cartwright made a motion to table, until more discussion can take place. 2nd by Ms. Farmer (5-1 Mr. Greene opposed.)
Old Business

Mr. Blevins suggested the person hired for the caboose position also stock and monitor the restrooms in the park.

Ms. Farmer made a motion for the Budget, Finance, and Administrative Committee interview and hire someone for the position. 2nd by Mr. Blevins (6-0).

New Business

Mr. Cartwright suggested another community yard sale be included during the fall festival events and that anyone wanting to have a yard sale after that needs to purchase a business license and pay sales tax.

Parks and Recreation Committee will meet the 2nd Monday of each month at 7:00p.m.

Ms. Campbell reported adults are using the playground equipment and she ask a bigger sign be placed at the playground or have the police keep an eye on it.

Consent Agenda

Ms. Farmer made a motion to pay the bills, 2nd by Mr. Greene (6-0).

Mr. Blevins thanked public works department for the speedy clean up after the July 4th celebration.

Mr. Greene made a motion for closed session to discuss 2.2 3711(A) (10 personnel, including counsel. 2nd by Mr. Parris. (6-0).

_____________________________ ____________________________

Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

Motion made by Ms. Farmer and seconded by Mr. Parris to go out of closed session (6-0).

Motion to certify made by Ms. Farmer, seconded by Mr. Parris (6-0).

Motion made by Mr. Cartwright and seconded by Mr. Greer to accept bids from other attorneys to select a town attorney. (Motion fails 2-3 with Mr. Blevins abstaining).

Motion made by Mr. Greene to publicly reprimand the mayor for check and 6 month suspension of pay. No seconds.

Motion made by Mr. Blevins and seconded by Ms. Farmer to reprimand the mayor for Ralph Smith payment, but no pay suspension (motion carries 3-2 with Mr. Parris abstaining.)

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


DAMASCUS TOWN COUNCIL
MINUTES FOR AUGUST 7, 2006

Council Members Present: Marianna Farmer, Maurice Parris, Lannis Greene, Mitchel Greer, Jim Cartwright, and Johnny Blevins
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.

Ms. Farmer made a motion to approve the minutes of July 5, 2006 as written. 2nd by Mr. Blevins (6-0).
Mr. Cartwright made a motion to have the September council meeting on September 6, at 7:00. Labor Day is September 4. 2nd by Mr. Blevins (6-0).

Mr. McCrady also requested a resolution supporting a sports complex at the Bayer Property. Mr. McCrady assured the council the county would work on the details of maintenance for the complex and if they start the project they will finish it.

Mr. Cartwright made a motion to approve the resolution supporting the sports complex. 2nd by Mr. Greene (6-0).

TOWN OF DAMASCUS

RESOLUTION
SPORTS COMPLEX

WHEREAS, it has been proposed that the Board of Supervisors of Washington County construct a sports complex upon certain real property belonging to the Town and commonly known as the “Bayer Property”; and

WHEREAS, such a facility would be of substantial benefit to the citizens of the Town and Washington County, Virginia; and

NOW THEREFORE, be it hereby resolved that the Town of Damascus, being desirous of such complex, hereby expresses its interests in such complex and pledges to work diligently with the said Board for the development of same.

Adopted: __________________


_______________________________ _______________________________________
Creed Jones, Mayor Tonya Triplett, Town Clerk
Committee Reports

Budget, Finance and Administration – Mr. Cartwright

Mr. Cartwright thanked Ms. Farmer for her years of dedicated service.

Street, Lights and Maintenance- Mr. Parris

Mr. Greer reported Mr. Sizemore will be meeting with the residents on Clifton Street to see if they prefer cutting the trees and repairing the sidewalks or taking the sidewalks out.

Mr. Greer made a motion to accept bids on paving Reed Street, Appalachian Trail Drive and Frost Lane. 2nd Ms. Farmer (6-0).

Mr. Greer made a motion to reimburse Bob Lethcoe for the $100 payment to Dale Adams for cutting a tree on town property. 2nd by Ms. Farmer (6-0).

Sewer, Water and Sanitation- Ms. Farmer

Ms. Farmer reported a meeting was held the 3rd Monday of July. The sewer department trying to decide if it will be the most cost effective to cross the road at Columbus McKinnon or go down the edge of the highway because of the new road that is going to be built.

The sewer crossings requirements list in the manager’s report have changed and the contractor should take a look at the new requirements before they can give another figure.

The sewer committee meeting will be held last Monday night of each month at 6:00pm.

Parks and Recreation – Mr. Blevins

Linda Butts does not have time to serve on the committee and Mayor Jones replaced her with Dana Lethcoe.
September Fest is September 8 & 9th with yard sales, street dance, car show and bike ride.
Pool Celebration went well.
Trail Days subcommittees are being formed and anyone who wants to help, please let us know.
Emory & Henry students will be here August 26 to help with some projects.

Mr. Blevins made a motion to unlock the gates at the Bayer Property, for walk ins only, no vehicles will be allowed. 2nd by Ms. Farmer (6-0).

Mr. Blevins made a motion to purchase new signs for parks & recreation and the pool up to $500. 2nd by Mr. Cartwright (6-0).

Mr. Blevins made a motion to rescind the fee for use of the gazebo for town residents. Town residents are required to pay the $50 deposit that will be refunded if the park is cleaned up. 2nd by Mr. Greene (6-0).

Mr. Blevins suggested the town contact the IDA about the 25 acres and suggest they look at recreational attractions for the property.

Planning Commission

Mr. Cartwright reported the commission is working on making sure the surveys and site plans are reviewed and meet all requirements.

Police and Fire Advisory- Mr. Cartwright

Ads were run and interviews were held for a new officer.

The two new cars are here.
Mr. Cartwright made a motion to place entering and leaving the Town of Damascus signs near Damascus Eats and near Food City and also in the Town Park near the restroom. 2nd by Mr. Blevins (6-0).

ADAM Committee

Computers have been purchased and there is wireless access at the Baja Café.

Citizens Comments

Ms. Grasselli suggested putting tarps on the fire trucks to protect them.

Mr. Robert Smith asked about the sign posting the speed limit and the speed of the car passing. He suggested moving the sign around in different places.
Mrs. Smith would like to see people ticketed for not respecting the crosswalks.

Manager’s Report

Mr. Sizemore was unable to attend.

Attorney’s Report

Mr. Dene stated it looks as if there was $1,458 short of what we need to spend for the new police cars. Council asks police advisory to look into this and bring it back to council.
Mr. Dene called WCSA to see if they had sent a check for property for the pump station. They put a request into the accounting department and it should be here soon. They hope to begin construction mid- fall and the pump station will be the first thing they do. Hopefully will be finished by spring.
Mr. Dene advised the disposition of the sale of public property is heavily regulated. At a minimum it requires a public hearing, advertising in paper for two weeks and 75% vote. The ordinance does not contemplate giving property to anyone; it only addresses the sale of property. At some point the ordinance may need to be revised in order to do this in a timely manner.

New Business

Mr. Cartwright made a motion that a yard sale ordinance be put into place. Trail Days and Fall Festival include yard sales and residents required to get a permit to do four other sales per year. After that they should purchase a business license.
Ms. Snidow disagrees with a yard sale ordinance and thinks it is not the town council’s position to tell residents what they should do on their property.
Mr. Cartwright withdrew his motion after Mr. Dene explained the ordinance. The code does give the town some to room to enforce and regulate businesses.

Mr. Blevins made a motion the budget, finance and administration committee look into the sale of business license for contractors working in the town. 2nd by Mr. Greene (6-0).

Consent Agenda

Ms. Farmer made a motion to pay the bills listed on the open payable report, 2nd by Mr. Blevins (6-0).

Council Members Reports

Mr. Blevins has had citizens asking for a water tap at the dump station for washing hands.
Mr. Blevins made a motion to run a waterline from the sewer plant and install a frost-free yard hydrant. 2nd by Mr. Greene (6-0).

Council asks Mr. Dene to compel the owner of the hosiery mill to clean it up.

Ms. Farmer made a motion to purchase a $50,000 CD for the sewer fund. 2nd by Mr. Parris (6-0).

Chief Richardson reported someone has cut the lock is staying in the Caboose.
Another vehicle has been stolen at Wilson Street Park. Chief Richardson requested cameras, security system or a gate be installed.
Each officer has been assigned a vehicle and each vehicle is numbered to identify the vehicle and officer.
All purchases for the police department must go through the chief.
Mr. Farmer asked chief to check on the No Parking signs at the corner of South Shady Avenue at the beauty shop that have been removed.

Mr. Blevins requested CTS come and demonstrate the electronic time clock.

Mr. Cartwright made a motion and 2nd by Mr. Blevins for closed session to discuss the following:

Discussion of the performance of the chief of police pursuant to 2.2-3711(A) (1);

Discussion of and consultation with legal counsel regarding Town of Damascus v. Ralph Smith/ Ralph Smith v. Town of Damascus pursuant to 2.2-3711(A) (7);

Consultation with legal counsel regarding possible adjustment of the Town’s corporate boundary pursuant to 2.2-3711(A) (7)

Discussion and consideration of prospective candidates for employment with the police department pursuant to 2.2-3711 (A) (1).

Consultation with legal counsel regarding abatement of nuisances, pursuant to 2.2 3711 (A) (7).


_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk


CLOSED SESSION MINUTES

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

Motion to certify made by Ms. Farmer, seconded by Mr. Cartwright (6-0).

Motion made by Mr. Cartwright and seconded by Mr. Greene to hire Resinol Dollar as patrol officer for Damascus Police Department for a six-month probationary period at $ 11.00/ hour. (5-0-1 Mr.Parris abstained.)

Motion made by Mr. Greene and seconded by Mr. Cartwright to authorize the town attorney to institute legal proceedings to abate the public nuisance at the hosiery mill. (6-0).


Motion made by Ms.Farmer and seconded by Mr. Blevins to pay general liability for fall mountain bike ride from CSE Insurance for $460.13. (5-0-1 Mr. Greene abstaining.)
A motion to adjourn was made by Mr. Parris and 2nd by Mr. Greene (6-0).


DAMASCUS TOWN COUNCIL
MINUTES FOR SEPTEMBER 6, 2006

Council Members Present: Marianna Farmer, Maurice Parris, Mitchel Greer, Jim Cartwright, Lannis Greene and Johnny Blevins
Creed Jones, Mayor
Tonya Triplett, Clerk
Aaron Sizemore, Town Manager

Mayor Jones called the meeting to order. Mayor requested a moment of silence to honor Former Mayor Author Anderson who passed away this evening.

Mr. Jones led the Pledge of Allegiance and prayer.

Ms. Farmer made a motion to approve the minutes of August 7, 2006 as written. 2nd by Mr. Greer (5-0).
Mr. Greene came in after the motion was made.

Joe Brogan with AuditHead, LLC explained how his company would look at the power and telecom bills and negotiate with the companies to get the town the best price. AuditHead will split any money recouped or saved on future 50/50 with the town.

Mr. Cartwright made a motion to enter into a contract with AuditHead 2nd by Mr. Parris (6-0).

Mr. Blevins made a motion to allow Siberian Husky Assist Rescue to use the park on January 27, 2007 2nd by Mr. Greene (6-0). The Serum Run will begin in Abingdon about noon.

Committee Reports

Budget, Finance and Administration – Mr. Cartwright

Mr. Cartwright reported Mary Caldarelli is manning the caboose on weekends and holidays.
The signs for the Creeper Trail will cost more than first anticipated, Mr. Parris made a motion to approve an additional $500 for the cost of the signs for a total of $1,000 2nd by Mr. Greene (6-0).
Council discussed responsibilities of searching for bikers who have passed the town limits.

Street, Lights and Maintenance- Mr. Parris

Mr. Jones reported the maintenance department patched the roof and also cleaned out the drains.
The benches that were on the riverbank are being repaired and will be put back when the repairs are finished.

Sewer, Water and Sanitation- Ms. Farmer

Ms. Farmer reported Clark Roach has turned in his resignation and will be leaving October 1.
Ms. Farmer made a motion to advertise for the sewer position 2nd by Mr. Parris (6-0).
The plant had to purchase some emergency equipment, a check valve and $ 410 and some equipment for $638.
Ms. Farmer made a motion to approve the purchase of the equipment for the sewer plant totaling $1,048.66 2nd by Mr. Parris (6-0).

Parks and Recreation – Mr. Blevins

Septemberfest includes a street dance with fireworks.
Mr. Blevins made a motion to allow fireworks for the celebration 2nd by Ms. Farmer (6-0).
Saturday morning is Market in the Park and music Saturday evening starting at 5:00.
Sunday is Dinner on the Grounds, everyone bring a dish.
Mr. Cartwright thanked Discover Damascus for all the hard work that has gone into Septemberfest.

Police and Fire Advisory- Mr. Cartwright

Police Department purchased a radar unit for the used vehicle. They are finishing out the expenditures for the grant for the two new cars.
They have secured a grant to purchase two new field breathalyzers.
Mr. Cartwright reminded citizens to dial 911 to get the police and fire departments.

ADAM Committee

A new computer and wireless Internet access has been installed at Sicily’s.

Manager’s Report

Mr. Sizemore stated that there is $1,500 left to spend in order to meet the requirements for the police cars grant.

A change order has been issued for the sewer crossings.

Mr. Parris made a motion to approve the change order for the sewer crossings 2nd by Mr. Blevins (5-0-
1 Ms. Farmer abstained).

The T-21Beaver Dam Creek Trail and Bridge project needs to be reexamined, Hill Studio give a new estimate. If the estimate is higher the town will need to ask VDOT for more money.

Joe Brand’s term on the BZA has expired and council needs to make a recommendation. Mr. Parris made a motion to reappoint Joe Brand to the BZA for another five-year term 2nd by Mr. Greene (6-0).

Mr. Sizemore got estimates for the street paving and we only have money to do two streets. Mr. Sizemore will send out RFPs for bids to do the paving.

Mr. Blevins made a motion to authorize Mr. Sizemore to negotiate with ATS to get a design and scope of work for the roof project 2nd by Mr. Greer (6-0).

The sidewalks on Clifton Street will be taken out and grass will be sewn in the area where the sidewalks were.
Mr. Greer made a motion to allow Mr. Bob Gray on Docie Street to do some grading work as long as he assumes responsibility and does not turn water on other property owners, 2nd by Mr. Blevins (6-0).

Mr. Dene has written a letter to the owner of the hosiery mill and has not gotten a response. The next step is court.
Mr. Greene made a motion to allow Mr. Dene to take court action against the owner of the hosiery mill on South Shady Avenue 2nd by Mr. Cartwright. (6-0).

Old Business

Mr. Greene reminded council there is some trees in the park that need to be replaced. Mr. Greene suggested the maintenance department replace the trees.

Consent Agenda

Ms. Farmer questioned the check written for the uniforms. Council did not approve payment for the uniforms and the amount is too much for one council member to approve. Council should approve the amount spent.
Ms. Farmer stated the budget for the police department is $2,200 a month more than previous years. She excluded salaries and vehicles in this figure. If salaries keep running the way they are now by the year-end it will cost the town $220,000 and only $167,000 was budgeted.

Mr. Greene made a motion to pay the bills 2nd by Ms. Farmer (6-0).

Discussion of the performance of the police department to 2.2-3711(A) (1);

Possible litigation for a tax issue. 2.2-3711(A) (7);

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk


CLOSED SESSION MINUTES

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

Motion to certify made by Ms. Parris, seconded by Mr. Blevins (6-0).

Motion made by Mr. Cartwright and seconded by Mr. Greer for citizens caught in audit not paying taxes and who had not received a tax bill do not have to pay delinquent charges. They will be billed next week and have 30 days to pay. After 30 day interest and penalties will be added (6-0).

Motion made by Mr. Blevins and seconded by Mr. Cartwright to reprimand the police chief in writing and put it in his file for buying uniforms after he was told not to. (6-0).
A motion to adjourn was made by Mr. Cartwright and 2nd by Mr. Greene (6-0).


Special Called Meeting of Damascus Town Council September 14, 2006 5:30 p.m. Town Hall

Present:
Marina Farmer, Lannis Greene, Maurice Parris, Johnny Blevins, Mitchel Greer and Jim Cartwright
Mayor Creed Jones
Tonya Triplett, Clerk
Attorney Thomas Dene
Mayor Jones called meeting to order.

Mayor Jones recommended directing the police of chief not to have any overtime and that any overtime be taken as comp time. Mayor Jones also suggested the town go to a two week pay period. Mr. Dene reminded council of the situation a couple of years ago, when the town bought out the officers comp time and he feels we would be in the same situation again.

Mr. Blevins suggested limiting the number of hours of training for each officer. Each officer be allowed 32 hours of training each year and after that if they want to attend a training it must be on their own time. Mr. Blevins does not like the idea of comp time and he is concerned about officers working for 20 straight hours. It is not safe for an officer to work that long.

Ms. Farmer questioned if all the supplies, uniforms and cars were all up to date and if any purchases needs to be made.

Mr. Blevins made a motion to take another look at the situation in sixty days and give the chief a chance to bring the numbers in order, 2nd by Mr. Cartwright (6-0).

Mr. Cartwright made a motion for closed session for 2.1 3711 (A) (1) performance of the police personnel.

______________________________ _______________________________
Mayor, Creed Jones Clerk, Tonya Triplett

CLOSED SESSION MINUTES


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

Motion to certify made by Mr. Parris, seconded by Mr. Cartwright (6-0).

Motion made by Mr. Greene and seconded by Ms. Farmer to suspend the reprimand issued to the chief of police pending further review in 60 days. (5-0-1 Mr. Parris abstained).

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