DAMASCUS TOWN COUNCIL

MINUTES FOR OCTOBER 2, 2006

Council members present: Marianna Farmer, Johnny Blevins, Lannis Greene, Mitchel Greer, Maurice Parris

Mayor Creed Jones Town Attorney Thomas Dene

Acting Clerk Shirley Brand Town Manager Aaron Sizemore

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

Mr. Parris asked for correction to second page of Minutes of September 6, 2006, concerning the change order regarding the sewer property where the recorded vote shows 5-1-0 and should be corrected to 5-0-1 with Ms. Farmer abstaining. Mr. Parris moved to approve as corrected; seconded by Mr. Blevins. 5-0

Ms. Farmer moved to approve Minutes of Special Called Council Meeting on September 14, 2006, seconded by Mr. Blevins. 5-0

Ms. Charlotte Parsons of the Washington County Public Library addressed Council to update progress of the new Damascus library building. Application was made to the Tobacco Commission on August 31, 2006 with a hearing on October 13, 2006, in Galax at 1:00 to review the grant by those serving on the Tobacco Commission. Contacts are William Wampler, Joe Johnson and Phillip Puckett. More money for construction has been requested. The County had set aside $300,000 but projections on what the library wants call for 5000 square feet to include a meeting room for the library and community programs. The County’s $300,000 is not expected to cover this with construction costs rising. They are asking for the support of William Wampler, Joe Johnson and Phillip Puckett. They are now asking for land that the Town owns at the corner of Water and Wilson Streets where our basketball court presently is. They have found this more desirable than the adjacent Lowe property and would like the Town to either deed this land or lease it to the library. Council members had the concern of the land being in the flood plane; that we will lose one more recreational facility that cost the Town approximately $8,000 to install just a few years ago; that we should not give any Town property away. Mr. Blevins suggested that perhaps the County could replace the basketball court for us. Mr. Dene stated his legal concerns about giving the property away and that it must be advertised twice in the two weeks preceding the hearing that must be held on such transactions. This could be done and a public hearing be held on the same night as the regular Council meeting. Mr. Dene read from the code and explained that nothing can be done until the value of the property is determined by appraisal and the appraisal must be accepted by 3/4 vote of Council at a regularly scheduled meeting. It then can be sold for that amount but cannot accept a lesser amount without unanimous vote and zero is a lesser amount. A lease of more than five years must be handled in the same manner with a public hearing. Mr. Greene believes we must give the property to the County. The deed could have a restrictive covenant stating this property could only be used for a public library.

Mr. Greene moved to have the property known as the old Barr property appraised on Wilson and Water Streets in preparation for leasing the property to the library; seconded by Mr. Greer. 5-0

Marsha Horne, Siberian Huskey Rescue in Bristol, addressed Council concerning planned Reenactment of Alaska’s Memorial Serum Run of 1925 to be held along the Creeper Trail on January 27, 2007, with events to be held in the Damascus Park.

Mr. Jim Harrison addressed Council concerning the Iron Mountain 50 mile Trail Run to be held October 7, 2006, with its beginning and ending in Damascus. Mr. Harrison explained that much publicity is being given throughout the Country focusing on Damascus and the participants will be staying in transient lodging in Damascus and eating in Damascus.

BUDGET, FINANCE AND ADMINISTRATION – Ms. Farmer (acting in Mr. Cartwright’s absence)

A meeting was held basically to orient the new chairperson with budget, finance and administration procedures.

Holston High School has again asked for the contribution toward the Town’s personalized sign for the 2006-2007 season. Ms. Farmer moved to give Holston High $100 toward the sign again this year; seconded by Mr. Parris. 5-0

STREETS, LIGHTS AND MAINTENANCE – Mr. Greer

Lines have been painted on Reynolds Street next to drug store building and beside Sicily’s to help people park better. A 4 X 8 utility trailer has been purchased for hauling trash for $325. To meet with John Ponish of ATS on October 25 about the roof over the Fire Dept., which will cost $7400 if we decide to have him do a cost estimate. Have also been talking with U.S. Communities, a Government purchasing agency to see if they can help. Requests for bids for street paving were put in the paper on September 27. Two trees in the park are on hold because Joe Fritts had been told to get dogwood trees and the Discover Damascus group asked that spruce trees be used to try to get a community Christmas tree going. The park benches were repaired and are back in place.

SEWER, WATER AND SANITATION – Ms. Farmer

Everything is fine at present. However, Mr. Roach has resigned and we need to replace him. Joe Alexander has talked with one person. He prefers to get someone with backhoe experience because of the need to repair sewer lines, etc. This person could be trained for lab work, which the committee approves. There will be an ad in the paper on Wednesday, 10/04/06, advertising for a sewer plant operator/equipment operator. Ms. Farmer moved that the person who is hired be started at $9 per hour if he or she has proper qualifications and also that the Sewer Committee interview applicants if applications come in before the next Council meeting and the committee should make a recommendation to Council and the person start according to qualifications around $9 per hour, second by Mr. Greene. 5-0

PARKS AND RECREATION – Mr. Blevins

Mr. Blevins reported that the pool must be emptied so the man who installed the present liner can do the inspection and replace the liner in the pool, which is still under warranty. Mr. Blevins moved to contract with Gene Miller at a price of $550 to winterize the pool, doing both the pool and facilities; seconded by Mr. Farmer. 5-0

Mr. Blevins presented to Council a sample of paint from someone he has talked with that we should consider painting with this paint at $90 a gallon, which would cost approximately $2200 but would be superior to the present liner, which cost $13,000.

Mr. Blevins reported that WCSA is not willing to give us an abatement on the water bill in excess of seven hundred dollars and the suggestion was made for Mr. Blevins to call D. L. Stout, our WCSA representative.

Mr. Blevins has met with Keith Owens concerning the sports facility that Mr. McCrady had talked to Council about previously. Mr. Owens told Mr. Blevins that this facility would not be built in Damascus. For the record, Mr. McCrady is not supporting a recreational facility that will not be built in Damascus but he has only one vote.

Trail Days meeting was held last month. Will meet with Backpacker reps on October 19 and we must provide housing for them. Mr. Blevins has made arrangements for very economical rooms. Mr. Blevins moved to allow the Trail Days Committee to start spending money for incidentals for Trail Days with a $100 limit for each item without Council approval up to $1000, after which Council approval is required; second by Mr. Green. 5-0

Mr. Jones brought up that Dockey Triplett had once again approached Mr. Jones to give the land to the Town, which he previously offered near Food City. Mr. Jones asked for someone to make a motion to accept or reject the offer. Questions were raised as to whether money is still there to demolish the old Lincoln power building on the land as well as to develop this space into a park. Mr. Jones answered that there is $166,000 to build a shed and restrooms. However, Mr. Greene explained that this money is maybe being given to Abindgon to do with as they see fit and they can give us whatever is left or give us nothing at all. It is not for certain if Abingdon will get the money and they have pledged no money at all to Damascus. Mr. Greene expressed concerns because we do not know how much the cost will be to demolish the building. He also pointed out that we have not been presented with a current certificate saying that EPA has cleared this land for use.

Mr. Blevins moved for the Council to explore the possibility of accepting the gift of land from Mr. Triplett; seconded by Ms. Farmer. 5-0

Mayor Jones mentioned the ceremonies for O. Winston Link celebration to be held at Green Cove Saturday,

October 7 He also stated that Washington County Chamber of Commerce will visit Damascus, as they do each year at 3:15 p.m. on Sat., 10/07/06. If he cannot be here because of O. Winston Link festivities, he needs a volunteer to open the Town Hall and have coffee and maybe donuts for the Chamber. Chief Richardson said the PD will handle.

PLANNING COMMISSION – Mayor Jones mentioned that Thomas Horsch did not agree that we should accept the Triplett property but that is not a recommendation from the Planning Commission, only Mr. Horsch’s opinion.

POLICE AND FIRE ADVISORY COMMITTEE – Chief Richardson

Chief Richardson asked about how vacation and sick leave times should be accumulated and reported by the PD. He asked Mrs. Brand to help him clarify; she responded that they should take eight hours for a day off. She tried to explain the vacation and sick leave policy. Also in question is Steven McVey’s leave time because Officer McVey thinks that he has been here three years and thinks he is not accruing correctly. Mrs. Brand asked Chief Richardson to discuss this with her in the office tomorrow.

Chief Richardson requested to be allowed to purchase an evidence kit costing approximately three hundred dollars to be paid from the fine reserve revenue.

He stated in regard to the lines that were painted on Reynolds St. Mr. Greer should write a letter to VDOT requesting permission to paint the lines and have a letter back from VDOT authorizing us to paint the lines before the parking can be legally enforced with tickets. He needs the letter authorizing this in the police files. Mr. Blevins requested that Chief Richardson have the PD check on the handicap parking in front of the gate at the gazebo on weekends, not particularly to write tickets but to remind them that they should not park in this space unless they have a handicap permit.

Officer Dollar has resigned effective October 9, 2006. Chief Richardson and Mayor Jones met and placed an ad in the Washington County News for October 4 with a cutoff for applications of October 13. He was questioned as to whether we have applications held from previous hiring and he stated that we do not because he can only hold applications for six months. He was also questioned about Chad Byron, the ex-Marine, who had applied previously and stated that Mr. Byron is not certified and would need to go through the Academy. It was pointed out to Chief Richardson that Mr. Byron had been willing to go through the Academy at his own expense. He was questioned about how this would affect the scheduling and replied that they could cover it with no overtime. Mr. Blevins stated they could have a special Police Advisory meeting when applications are received and they can hire just as they did Officer Dollar for a 39 hour week until Council can take action.

Ms. Farmer moved to allow the Police Dept. to buy the evidence kit requested by Chief Richardson with the money to come from the Fine Reserve; seconded by Mr. Blevins. 5-0

ADam COMMITTEE – Ms. Farmer

Adam is doing fine.

Ms. Farmer has nothing else on special committees other than at the last Discover Damascus meeting they talked about an audit on the flower money the Council gave Discover Damascus and Dennett Dwyer will have that ready for the next Council meeting in November and also Tonya Triplett will put together the expenses for the Septemberfest to show were that money was spent that was given from the Town. The remainder of the summer flower money was used to purchase bulbs to go in the barrels for spring planting.

The VFW asked the Discover Damascus group to meet with them and Ms. Farmer, Wade Farmer and Richard Smith, the town webmaster, met with them. The VFW has given a donation to Discover Damascus to start looking to do a Veterans Memorial in the Town of Damascus. They are looking for a site to do this. Wright Park and Pool Island have been suggested. There was discussion as to what has been found out as to whether Velma Pike owns Pool Island. Mr. Dene explained the process to take possession of the property and thinks this would be the best thing for the Town. Council asked if a motion was in order at this time to begin the process and Mr. Dene stated that we should get an appraisal before we begin the process.

CITIZENS COMMENTS

Darlene Landry addressed the Council about the problem with barking dogs creating a disturbance on Rambo St. all day but particularly between Midnight and 6:00 a.m. Mrs. Landry’s letter to the Council is attached. The Council feels this should be Washington County Sheriff’s Animal Control responsibility to do something about this. They suggested to Mrs. Landry that she call Sheriff Fred Newman to have the animal control officers come out. Mr. Dene explained that if the town officers seized the dogs, we have no place to hold the dogs and the County does.

MANAGER’S REPORT – Mr. Sizemore

Mr. Sizemore stated that the sewer crossings construction is scheduled to begin within two weeks when the weather is right to do them.

We are still waiting for new cost estimates from Hill Studios. The Maintenance Committee met with John Ponish of ATS. John will do the estimate. If it is feasible to put down a new membrane, that would be the cheapest way to repair the roof. He will give us why this is more feasible along with the cost. He will also give us an estimate for a truss roof to do the metal roof. The price of this appraisal is $7400 to look at it and come back to us with options. Once the Town picks the option, he actually does the engineering work. Various council members expressed having a problem with spending $7400 just to get his recommendations. Mr. Sizemore stated that if we ask ATS to give us only cost estimates with nothing else, they will ask for $3500. Council asked if we could get RFP’s. Since we only received one RFP before, Council felt we should have Abingdon Roofing give us an estimate for a flat tar and gravel roof and for a metal roof and Council can then decide what we should do without paying for the consulting process. In the opinion of Mr. Dene, we can get three bids and take the lowest. If we are going with a flat roof to be repaired with tar and gravel, Greg Cornett will not touch it because he does not do this type of roofing.

We must come up with a radio station around 100 for the Crooked Road kiosk and he will drive over around the park to see what station around 100 frequency does not have anything on it and send it to them. Also they want to know if we will provide power or will it be a solar deal. Mr. Blevins suggested putting the kiosk in the grassy area between the cabooses and little black engine and electricity would be easy enough to run there.

There will be an ad in the paper October 4 requesting bids for the street paving with Aaron to do a walk-through on the 21st.

Sidewalks will be removed on Clifton St. and then grass will be sewn. Everyone was surveyed on that street and all will receive certified letters notifying them. Mr. Sizemore has instructed maintenance to make sure that when the sidewalks are removed, the water run-off will be the same as it was with sidewalks.

ATTORNEY’S REPORT – Mr. Dene

Starting January 1, 2007 the State will levy a 5 percent sales and use tax on what it deems communications services. Because it is levying that tax, the town will no longer be able to levy taxes on or receive proceeds from anyone who levies taxes on any of the following: local consumer utilities tax on telephone service, both wired line and wireless; state and local 911 taxes; portions of gross receipts taxes, which is the business license fee in excess of .5 of 1%, as related to communications service providers; cable television franchise fee is a thing of the past; and any video programming excise tax. There ordinances on at least three of the above, which must be repealed in January. Because we can no longer collect these taxes, we are required to submit a report to the State about what our rates were as of January 1, 2006. Mrs. Brand reported this has been done through Albano. The State will try to determine a formula to kick some of this money back to us. This should not result in a diminution of revenues for us. Supposedly, this is revenue neutral so that we will receive as much money as before.

OLD BUSINESS – Mr. Blevins brought up that the motion to contribute to the library stated the Town would contribute 10% of the purchase fee up to $30,000 of the Minute-Ette building. The library is not buying that building and this would make the motion void but we have money in the budget for that. Mr. Blevins thinks we should have a new motion but Mr. Dene advised that the old motion is null and void and Council should just wait to see what happens before we make more commitments.

NEW BUSINESS – NONE

CONSENT AGENDA

Mr. Parris moved to approve; seconded by Ms. Farmer. Mr. Blevins questioned why we are paying $500 to the Coombs Center; Mrs. Brand answered this is to certify our lifeguards for the swimming pool. Motion carried 5-0.

Mr. Blevins moved for closed session for consultation with legal counsel regarding the Town of Damascus versus Ralph Smith and Ralph Smith versus the Town of Damascus pursuant to 2.23317(A)(7); second by Mr. Parris. 5-0

Creed Jones, Mayor Shirley Brand, Acting Clerk

CLOSED SESSION MINUTES

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

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

Motion made by Mr. Greene and seconded by Mr. Parris to adjourn (5-0).

DAMASCUS TOWN COUNCIL
MINUTES FOR NOVEMBER 6, 2006

Council Members Present: Mariana Farmer, Maurice Parris, Mitchel Greer, Jim Cartwright, Lannis Greene and Johnny Blevins
Creed Jones, Mayor
Tonya Triplett, Clerk
Aaron Sizemore, Town Manager
Thomas Dene, Town 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 October 6, 2006 as written, 2nd by Mr. Parris (5-0).
Mr. Greene came in after the motion was made.
Ms. Farmer made a motion to extend the tax deadline to January 31, 2007 2nd by Mr. Blevins (6-0).

Charlotte Parsons with Washington County Public Library presented council with a drawing of the proposed 5,500 sq. ft. building and parking area on six tracts of land that belongs to the Town. Mr. Sizemore reminded council the town must retain ownership of the property closest to the river for the Beaver Dam Creek Trail. The property has been committed and the town must have ownership to receive grant money.
Mr. Dene stated only two lots were appraised, so the two lots behind would have to be looked at.
Mr. Blevins questioned if the county would purchase the property or will the town give it to the Library. He also has concerns about replacing the $8,000 basketball court.
Mr. Dene, Mr. Sizemore and Ms. Parsons will work together to get the other tracts of property appraised and meet parking requirements.

Committee Reports

Budget, Finance and Administration – Mr. Cartwright

Mr. Cartwright reported the audit would be complete as soon as the fire department BINGO turns in their books to be audited.

Street, Lights and Maintenance- Mr. Greer

Mr. Greer reported parking lines have been painted and would like to discuss placing 2-hour parking signs on Main Street.
Mr. Jones has a request from Carol Barr that the town help with the maintenance of the Rescue Squad building.

Sewer, Water and Sanitation- Ms. Farmer

The sewer committee interviewed for the sewer plant position and recommended T.J Lewis be hired as part time temporary at $9.00 per hour. He is training for lab work at this time.
Ms. Farmer made a motion hire T.J. Lewis at $9.00 per hour, 2nd by Mr. Parris (6-0).
The river-crossing permit has expired and will have to be postponed until spring.

Parks and Recreation – Mr. Blevins

The pool has been winterized and drained and waiting coating repair.
Trail Days committee had a meeting with Backpacker Magazine and they have committed sponsorship to Appalachian Trail Days 2007. They also gave permission and will help us recruit associate sponsors.
The $4,000 request from Washington County Board of Supervisors was granted. Electrical and water upgrades in the park will begin soon and some improvements will be made at the campground.
A golf course in Abingdon is closing and has some lights and poles for sale.
Mr. Blevins made a motion to purchase at least four units or up to $2,000 2nd by Mr. Parris (6-0).
Mr. Blevins made a motion to give away the old monkey bars that came out of the park 2nd by Mr. Cartwright. (6-0).
Mr. Blevins made a motion for prizes for the Christmas Parade. First place $75, second place $50 and third $25. Also make a $100 donation to the HHS Band 2nd by Mr. Greene (6-0).

Planning Commission

The commission is asking that all zoning permits include a site plan and they are continuing work on the comprehensive plan.

Police and Fire Advisory- Mr. Cartwright

Mr. Cartwright made a motion to hire James Hagy as a full time police officer 2nd by Mr. Blevins (6-0). The committee is reviewing the vacation and sick time for the police department.
The entering and leaving Damascus signs have been placed on the Creeper Trail, but there is still a problem with lost people on the trail. If anyone has any suggestions, please let the police department know.

Mr. Richardson stated there is a matching grant available for equipment. The grant is $1,361 with the town paying $136. Police Department would like to use the money to purchase flares, fingerprint kits, portable radios and drug test.
Mr. Parris made a motion to approve the $136 for the grant 2nd by Mr. Cartwright (6-0).
Mr. Richardson requested permission to purchase a program by Lexis Nexis that would allow the department to do criminal history checks at .25 per page or $5.00 for a complete history. Ms. Farmer expressed concerns of the information being kept under lock and key and confidential.
Mr. Cartwright made a motion to approve $35 start up fee and not to exceed $50 a month, for a 90-day trial. After the trial council will evaluate the cost and usefulness of the program 2nd by Mr. Blevins (6-0).
Mr. Richardson requested approval for two additional auxiliary members.
Mr. Cartwright made a motion to increase the auxiliary to six officers 2nd by Mr. Parris (6-0).

Brandi Riley would like to do her internship with Damascus Police Department. Mr. Cartwright requested she go thorough the formal process, letter of recommendation and transcript. Mr. Cartwright asked permission to allow police advisory committee to make a decision.
Mr. Parris made a motion to allow police advisory committee to make decision 2n by Mr. Greene (6-0).
Mr. Richardson requested closed session to discuss performance of the police department.

Citizen’s Comments

Mr. Bob Smith complimented the police department on Halloween and he does not want 2 hour parking signs in town.

Manager’s Report

Mr. Sizemore stated sewer crossing has been delayed until next year.
Mr. Sizemore has looked into the Triplett property. A meeting will be held on the 14th to divide the grant money. Mr. Sizemore will try to get $3,000-$4,000 for a phase 1 environmental.
Washington County Parks & Recreation has drawings of a pavilion and we could save some money by using their drawings.
Abingdon Roofing and Marion Roofing both took core samples to see how many layers there were and what needed to be done to fix the roof over fire dept. and Town Hall. Abingdon Roofing bid is $30,000 with a 15-year warranty. Marion bid is $27,000 for the fire dept. roof only.
Mr. Blevins made a motion accept the $30,224 bid from Abingdon Roofing 2nd by Mr. Cartwright (6-0).
The bids for street paving were higher than expected, so the bids were broken down into projects.
Mr. Blevins made a motion to pave Frost Lane and Richmond Street and patch on Mock Avenue and Appalachian Trail, 2nd by Mr. Cartwright (6-0).
A request to rezone Shady Avenue, across from the Bayer Property, from R-1 to C-2 was brought to the planning commission. The property owner wants to place a building on the property and operate a beauty shop. The planning commission did not recommend the request.
Mr. Greene made a motion to follow planning commissions recommendation, 2nd by Mr. Blevins (6-0).
Mayor Jones stated there is a private property sign on Railroad Avenue that leads to Legion Island. Mr. Dene stated that once a town road has been established it can never be taken away.

Attorney Report

Mr. Dene is working on making the fire department an entity of their own, so they can borrow money on their own. Mr. Dene is starting the second process of getting the 5013C status.
Mr. Dene has secured the most recent version of the VML model personnel policy and is working on incorporating it into his computer and council should expect a draft next month.
Back in the spring the Town of Abingdon made changes to the Creeper Trail Ordinance, previous council had looked at the changes and made recommendations. Mr. Dene just realized the three new council members have not seen the ordinance and will get them a copy of the old ordinance, proposed ordinance and the changes the previous council requested. The matter will be taken up at the December meeting.

New Business

Mr. Parris made a motion all full time employees get $100 Christmas Bonus and all part time get $50, 2nd by Mr. Cartwright (6-0).

Mr. Blevins presented a proposal for a fee for use of the Virginia Creeper Trail.
Proposal
The Town of Damascus initiate a user fee for use of the Virginia Creeper Trail for the section of trail located between the White Top Station and the Alvarado Store. This fee will be established under the following conditions:

Fees:
· $1.00 daily use fee for all recreational uses of the trail, eg; hiking, biking, walking, horseback riding.
· $5.00 annual use permit. Allows unlimited use during a one-year period. (Pending a vote of council, Damascus residents would be rebated the $5.00, making their cost for use of the trail $0.00)

Outlets:
· Town Of Damascus – Daily and annual passes would be available at the Town Hall and from a ATM style vending machine located in the town park
· White Top and Green Cove Stations – Daily and annual passes would be available as well as ATM style vending machines.
· Retail Outlets – Daily and annual passes would be available from any participating retailer

Passes:
· White Top and Green Cove Stations would purchase passes at the price of .75 for a daily pass and $4.00 for an annual pass.
· Retail Outlets would purchase passes at the price of .90 for a daily pass and $4.50 for an annual pass

Enforcement:
· The Police Dept. would conduct random checkpoints at random locations along the trail at the following rate: no less than two times a month during peak season and no less than one time a month during off season.
· Fine for non-compliance would be set by council

Revenues:
· It was estimated that there were 250,000 uses of the Virginia Creeper Trail in 2005. Using estimates of 50% of that number the following revenues are possible.
· Town of Damascus - $107,500.00
· WT & GC Stations - $12,500.00
· Retail Outlets - $5,000.00

Rational:
The lifeblood of the economy of Damascus is recreational tourism. The revenue generated from these fees could be used to promote not only recreation but also economic development in the form of tourism related businesses. We can no longer afford to make ourselves free to the public. The increased cost of services that are required because of the increase in visitors to our town is not being met by the tax revenues generated, which in the long run will place an unfair burden on our taxpaying citizens. This proposal also allows for money to be returned to our neighbors in White Top and Green Cove to use at their disposal for their communities. Retail Outlets also reap some monetary benefit to help them offset the cost of handling the passes. Enforcement will work because of two basic premises, first, that the vast majority of people are honest and will comply, and secondly, that they will not risk a fine, and possible confiscation of their ride for a dollar

Mr. Dene reminded council public hearings would have to be held. Also, someone needs to speak with the Forest Service.

Mr. Blevins requests the Mayor appoint a Damascus Economic Committee to try to bring new businesses to town.
Consent Agenda
Mr. Parris made a motion to pay the bills 2nd by Ms. Farmer (6-0).

Mr. Cartwright made a motion to discussion of the performance of the police department and performance of the town treasurer to 2.2-3711(A) (1);

_____________________________ ____________________________
Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

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

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

Motion made by Mr. Greene and seconded by Mr. Blevins to reimburse Kermit Turner for out of pocket expenses for the police dog. (5-0-1 Mr. Parris abstained).

Motion made by Mr. Parris and seconded by Mr. Greene to cash a CD for the roof repairs if needed. (6-0).

Motion made by Mr. Blevins and seconded by Mr. Cartwright to hire Mr. Hagy at $10 per hour, reevaluate in 90 days and move up to $11 per hour.

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

DAMASCUS TOWN COUNCIL

MINUTES FOR DECEMBER 4, 2006

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

Creed Jones, Mayor

Tonya Triplett, Clerk

Aaron Sizemore, Town Manager

Thomas Dene, Town Attorney

Mayor Jones called the meeting to order.

Mr. Jones led the Pledge of Allegiance and prayer.

Mr. Jones questioned the request from the Damascus Volunteer Rescue Squad for help with maintenance with their building and grounds. Council wants to see what their needs are before they make a decision. Council asks the Rescue Squad attend a council meeting and make a request.

Ms. Farmer made a motion to approve the minutes of November 6, 2006 as written, 2nd by Mr. Cartwright (6-0).

Phillip McCall, Charlotte Parsons and Scott Wilson spoke about the library. Washington County proposed the following:

Washington County proposes to undertake the construction of a new branch library building on the Water Street parcels consisting of a single-story structure no larger than 5,000 square feet. The County proposes that the Town make a financial contribution to this project of 10% of the total project not to exceed $30,000, payable to the County by installments over 3 fiscal years (50% the fiscal year construction begins and 25% each the two following FYs). All of the Town’s financial contribution would be expended on the Damascus branch. Further, the County proposes the Town donate the Water Street parcels in fee-simple to the County at no cost (or $1) for the purposes of this library branch with a deed covenant that these parcels and any improvements located on them would be used solely for public purposes for the benefit of the citizens of Damascus and Washington County. The County’s use of these parcels would be strictly limited to the operation of a branch public library and uses/activities customary and incidental thereto unless additional authorization for non-library uses/activities is granted by the Town Council. These conditions would be written into the deeds to the parcels. The Washington County Board of Supervisors would hold the title to the parcels rather than the Library Board of Trustees unless Virginia law or state regulations governing public library properties required the parcels to be titled to the Board of Trustees. The existing asphalt basketball court located on the Water Street parcels would be replaced by a like facility as part of anticipated future recreational facilities currently in the planning stages for the Damascus area, or on a Town-owned parcel in the vicinity of the branch library within two years of the completion of construction of the branch, whichever occurs first.

Mr. McCall asks Town Council to pass a resolution.

Mr. Blevins questioned if a plan was available. Also, if the project goes over budget, will the Board be willing to pay the extra cost. Mr. McCall stated the Board has only set aside the $300,000.

Mr. Blevins suggested a lot on Trestle Street .28 acres, level, on the Creeper Trail, one block off Main Street and near the Methodist Hostel.

Mr. Blevins questioned if the new library could also be used as a visitors center. Ms. Parson stated the staff is looking forward to helping with tourism. They would be will to put brochures in the building.

Ms. Farmer also expressed concerns about the Water Street Property and suggested Mr. Wilson look at property on Trestle Street, near the pool instead. Ms. Farmer questioned the maintenance of the library.

Ms. Parson stated the County assumes all responsibility for operating cost and maintenance.

Mr. Blevins requested that if the building ever ceased to be a library it would revert back to the Town.

Mr. Cartwright made a motion to approve the proposal submitted by the Board of Supervisors; if the building ever ceased to be a library it would revert back to the Town; a decision on the location will be made later 2nd by Mr. Greene (6-0).

Town of Damascus
Virginia

Resolution

WHEREAS, the Board of Supervisors of Washington County, Virginia (“ the Board”) has proposed that the Town of Damascus (“Damascus”) enter into a development plan for the construction of a new public library as set forth in the attached proposal (“the proposal”); and

WHEREAS, the Town Council has duly considered the Proposal; and

NOW, THEREFORE, be it hereby resolved that the Town Council of Damascus hereby accepts the Proposal, subject to the completion of all required legal formalities, including, without limitation, a public hearing or hearings and all votes required by law.

_________________________________

Creed Jones, Mayor

Mr. Parris made a motion January meeting be held January 8, 2007 at 7:00 2nd Mr. Cartwright (6-0).

Committee Reports

Budget, Finance and Administration – Mr. Cartwright

Mr. Cartwright reported the audit should be complete soon and hope Albano & Associates will have someone at the January meeting.

Street, Lights and Maintenance- Mr. Greer

Mr. Greer reported the public works did a good job getting the Christmas decorations up, and hopes they can get started on the sidewalks.

Sewer, Water and Sanitation- Ms. Farmer

T.J. Lewis has resigned and Mr. Alexander feels they don’t need to hire anyone for the winter. Jason Lachniet will work part time and they will not be doing any line work during the winter. When Cindy is sick or needs to take time off there is no one to cover for her.

Ms. Farmer will talk to Mr. Alexander and see what needs to be done.

Church of God has been paying the sewer bill and is now going to have to hook on. They requested the town waive the hook up charge or pay the hook up rate at the time the sewer system was put in. If there is a tap there should not be a fee. Mr. Cartwright suggested no fee if the tap is there, but if not they should pay the regular fee.

Parks and Recreation – Mr. Blevins

The vinyl was repaired at the pool and it needs to be filled.

The water and electrical in the park is going to be upgraded, Mr. Wade Farmer showed council plans for the water upgrade, there will be 15 yard hydrants installed.

Mr. Blevins stated the County has given the town $4,000 for Trail Days.

Mr. Blevins made a motion to purchase material and let Public Works do the work 2nd by Mr. Cartwright (6-0).

Ms. Farmer made a motion to approve $1,200 for materials for the water upgrading supplies 2nd by Mr. Blevins (6-0).

The Christmas Lighting in the park went well, and Mr. Blevins thanks Discover Damascus for all they did.

Mr. Blevins made a motion the town pay $911.16 for the wire and bulbs for the tree 2nd by Ms. Farmer (6-0).

Trail Days planning has begun and some entertainment has been booked, work has begun on the campground and vendors are sending in their applications. Everyone welcome to attend meeting held the second Tuesday of each month.

Planning Commission

Tom Horsch reported the commission has been busy working on the comprehensive plan, and the new plan would allow the town to apply for grants and improvements by VDOT.

Mr. Sizemore stated MRPCD has just hired someone who could write the plan, and Mr. Sizemore will let council know more in a couple of months.

Police and Fire Advisory- Mr. Cartwright

Mr. Richardson reported the parade went well, but there were gaps and we need to work on placing next year.

Officer questioned why they are not being paid overtime. Mr. Cartwright explained officers are only eligible for overtime when hours are more than 86 in a two-week period.

Ms. Farmer made a motion the officers be paid straight time until they reach 86 hours in a two week period, to comply with Federal Law 2nd by Mr. Greer (6-0).

Mr. Richardson questioned the budget line item Automobiles and Grant Purchases. Ms. Triplett explained the full amount of the cars was paid for from the automobiles line and none was taken out of grant purchases.

Mr. Richardson questioned if the police department could purchase a new computer. Mr. Blevins stated there is $ 2,543 left in the budget. The chief will bring some prices to the next meeting.

Ms. Farmer stated she had ask at pervious meeting if the department had everything they need and was told they had everything and would not be needing to purchase anything. Mr. Richardson thought they did not have any money. Ms. Farmer reminded him 60% of the police budget is spent.

Mr. Richardson questioned the holidays for Christmas and New Years. Council explained the officers who are working would be paid Christmas Eve, Christmas Day and New Years Day.

Mr. Richardson requested closed session for police department personnel.

Citizen’s Comments

Dennett Dwyer presented council with a list of reason the Council should not charge for the use of the Virginia Creeper Trail:

Damascus Should Not Charge for Use of Virginia Creeper Trail

1. Ownership- Municipalities cannot charge for use of or levy taxes on Federal Property. The Virginia Creeper Trail is only owned by Damascus from the town park to the sewer plant.
2. Cost of Enforcement – How much would it cost to issue permits and enforce their use? How much would it cost in attorneys fees if one person decided not to pay, or to challenge a citation in court.
3. Method of Enforcement – Would a police officers time be better spent protecting our town from dangers or managing a non-destructive, nonpolluting, economically beneficial resource.
4. Liability Increase – In the collection of money from trail/property users, some could argue that the duty of care from the landowner would be higher, and that the owner could be liable for some accidents or injuries.
5. Perception of Damascus – The Appalachian Trail, TransAmerica Bicycle Trail, and Creeper Trail all intersection in our town. The feeling of freedom, independence, and accessibility that these trails embody, is what brings many people to our community to begin with.
6. Reduction of Revenue - If Creeper Trail charges/fees wee viewed negatively by the public, the responding decrease in visitation could reduce sales/meals/lodging tax revenues to the point where the Town budget could be negatively affected.
7. Increased Burden on Clerks Office – The additional accounting and record keeping may contribute to a higher cost of operation for the Clerk’s office.
8. Increased burden on Town Citizens- The burden of going to town hall (or other location) to apply for the right to travel through town seems cumbersome. Additionally, when using the trail a citizen would have to keep identification and permit on their person (most jogging and bicycle shorts do not even have pockets)
9. Increased Burden on Users – The burden of going to town hall (or other location) to apply for the right to travel through town seems cumbersome. Additionally, when using the trail one would have to keep identification and permit on their person (most jogging and bicycle shorts do not even have pockets). If this were deemed cumbersome enough people would cease to use the trail.
10. Selective Uses – The Virginia Creeper Trail is in the same location as the Appalachian Trail in several places. How could you charge to use the Appalachian Trail, or the reverse, not charge certain users of the Virginia Creeper Trail? Would horse riders have to pay more than bikers who would have to pay more than hikers?
11. Taxing of Fees Initiated By Others – If the National Recreation Area, Washington County Board of Supervisors, Town of Abingdon, or State of Virginia decided to levy fees or taxes on the use of the Creeper Trail we would complain because they are affecting our economy. We would be having that same affect on other areas (Taylors Valley, Green Cove, Whitetop, Etc…)

Ms. Eleanor Grasselli questioned when work on the sidewalks would begin. The public works department will try to start work as soon as they get a chance. Ms. Grasselli also questioned if the sidewalk in front of Maggie Brown’s house would be taken up. Mr. Sizemore stated it would not taken up.

Manager’s Report

Mr. Sizemore stated Washington County Park & Recreation held a meeting on the 14th to discuss how the grant money for the Virginia Creeper Trail would be distributed. They are in the process of purchasing land and acquiring rights-of-ways, therefore they don’t know how much will be set aside for Damascus.

Mr. Blevins questioned who has control of the money. Mr. Sizemore stated the grant is written to Washington County, but grant specifies they are committed to give money if Damascus accepts the Triplett Property.

Mr. Sizemore stated the grant money could only be used on town property. Town Council has the choice of taking the land and getting grant money to do a Phase 1 environmental or not accepting it.

There is no way to clear the property unless Mr. Triplett does it himself and Mr. Sizemore does not think he is willing to do that.

Mr. Blevins made a motion to accept the Triplett property, provision for a right-of-way and subject to the delivery and acceptance of an appropriate deed, 2nd by Mr. Cartwright (6-0).

The Beaver Dam Creek Trail design is almost complete. However, the cost estimates are not up to date and need to be looked at. Mr. Sizemore asks they change the paved areas to packed gravel, similar to the Virginia Creeper Trail. Mr. Sizemore suggested the town use the bathhouse for our part of the match and the project would not cost the town any more money.

Ms. Farmer made a motion to allow Mr. Sizemore to move forward with the new cost estimate and revised scope for the Beaver Dam Creek Trail, 2nd by Mr. Blevins (6-0).

The paving has been completed on Frost Lane. Mr. Parris ask Mr. Sizemore to check on the pipe that crosses the road on Frost Lane, the gravel sunk about one foot and he thinks the pipe might be broken. Mr. Parris stated a residents yard was torn up and needs to fixed by the sewer department.

The Comprehensive Plan date for first payment should be January 2007 instead of June 1, 2007. Mr. Sizemore requested the signature line be changed for the Mayor’s signature.

Mr. Blevins made a motion to accept the comprehensive plan agreement with Mount Rogers Planning District with the date changes, the Town name changes and the signature line changed to the Mayor 2nd by Mr. Cartwright (6-0).

Mr. Sizemore has requested formal contract for the roofing company to put the roof on the fire department and town hall.

Attorney Report

Mr. Dene reviewed the changes on paragraphs 6, 17,19,20 and 21 of the Creeper Trail Ordinance prepared by the Town of Abingdon.

A JOINTLY ENACTED ORDINANCE PERTAINING TO THE USES OF CERTAIN PUBLIC PROPERTIES KNOWN AS THE VIRGINIA CREEPER TRAIL WHICH ARE OWNED JOINTLY BY AND BETWEEN THE TOWN OF ABINGDON AND THE TOWN OF DAMASCUS, MUNCIPAL CORPORATIONS WITHIN THE COMMONWEALTH OF VIRGINIA.

WHEREAS, the Town of Abingdon and the Town of Damascus, Virginia have heretofore jointly purchased a portion of property which was formerly owned by Norfolk and Western Railroad, Abingdon Branch, and;

WHEREAS, the property purchased by the Towns of Abingdon and Damascus, Virginia lie partially within and without the corporate limits of both municipalities, a portion being within Washington County, Virginia, and;

WHEREAS, pursuant to Sections 15.2-1800 through 15.2-1806 of the Code of Virginia, 1950, as amended, municipalities are delegated with the right to own, provide, improve, operate, maintain and regulate the uses of facilities and establishments within and without the municipal corporation therein; and

WHEREAS, the Towns of Abingdon and Damascus, Virginia have heretofore jointly established what is now commonly known as the Virginia Creeper Trail; and

WHEREAS, the Town of Abingdon, in Chapter 54 Parks and Recreations, Article III. Virginia Creeper Trail, Section 54-53, established uses concerning the regulation of the Virginia Creeper Trail; and

WHEREAS, the Town of Damascus, in Section 50-176, et seq. of the 2002 Code of Damascus, as amended, Virginia has likewise previously enacted a use regulation ordinance identical to that of the Town of Abingdon; and

WHEREAS, now the Towns of Abingdon and Damascus, Virginia, desire to amend the regulations pertaining to use on the Virginia Creeper Trail; and

WHEREAS, the issue of uses has been referred to the Virginia Creeper Trail

Advisory Board which has met and heard public comment from various users of the

Creeper Trail as well as adjoining landowners along the Creeper Trail pertaining to the

uses, and has made recommendations pertaining to the use regulations to the Town of

Abingdon and the Town of Damascus; and

NOW THEREFORE, in consideration whereof, Be It Ordained that Section 54-53 of the Code of the Town of Abingdon, Virginia is hereby amended to read as follows:

(1) There shall be no motorized vehicles allowed upon the Virginia Creeper Trail, with the following exceptions:

(a) Vehicles belonging to the Town of Abingdon and the Town of Damascus and Washington County, their successors and assigns, as may be necessary for law enforcement, maintenance or other official and authorized use.

(b) Vehicles of persons owning lands adjacent to such trail who may have need to cross such trail from time to time. Such exemption shall be limited to periodic crossing and use of the trail only by such persons and not for travel upon such trail.

(c) Electrically powered wheelchairs operated by handicapped persons at their own risk.

(2) Except for law enforcement officers acting within their official scope of employment, the brandishing, discharging or

unauthorized use of firearms on the trail is strictly prohibited.

(3) No alcoholic beverages shall be carried in an open container or consumed upon the trail.

(4) All persons using the trail must close any gates opened immediately after passing through.

(5) Camping on the trail shall be allowed only in areas of the trail as shall be designated by an appropriate sign or marker, after first obtaining a camping permit from the Town in advance.

(6) Hunting, fishing and trapping are prohibited on or from the trail.

(7) All bikers using the trail shall ride in single file and stay to the right, except when passing.

(8) All bikers are to yield to horses by operating their bikes in a slow and reasonable manner so as not to spook the horses.

(9) A biker shall call out “passing on the left” or give some sort of mechanical or audible signal to approaching walkers, bikers or horseback riders when passing.

(10) All bikers are to use caution when traveling across the trestles and bridges and shall not stop on the trestle or bridge, but may stop on the grassy area immediately adjacent to the trail path.

(11) All walkers are to walk to the right side of the trail, providing ample room for passing on the left by oncoming walkers, bikers or horse riders.

(12) All walkers are to yield to horses while walking and are to act in a reasonable manner so as not to spook the horses.

(13) All horseback riders shall proceed along the trail at a slow pace with a watchful eye out for both bikers and walkers in front and behind. When approaching a trestle or bridge, the horseback rider shall dismount and lead the horse across the bridge or trestle so as not to endanger oncoming bikers and walkers.

(14) All dogs and domestic pets shall be kept under control and on a leash by the owner or possessor of the dog or domestic pet.

(15) All persons using the trail, regardless of mode of allowable transportation, shall stop at all road crossings and yield to any oncoming vehicles and pedestrians.

(16) Littering on the trail is strictly prohibited and all persons using the trail should place all waste or trash in the receptacles at the trailheads.

(17) All users of the trail should be aware that the trail consists of a pathway and shoulder areas for which the boundaries are usually approximately twenty (20) feet wide to each side of the center of the main path of the trail. Actual width may vary from location to location. All adjacent property beyond the width of the trail and shoulders, regardless of whether a fence exists or not, is either privately owned or government property. As such, all users of the trail should refrain from trespassing on private property without the express permission of the individual landowner. Users of the trail are allowed to explore areas along the trail which are within the boundaries of the national forest, subject to any federal regulations of the same.

(18) All emergencies should be reported to the appropriate authority by dialing 911. Please keep in mind that at available.

(19) The trail is open for the use of the public between the hours of 6:00 a.m. and 10:00 p.m. except as may be otherwise permitted by the Town of Damascus within the corporate limits of the Town of Damascus. The use of the trail beyond these time periods shall be by permit only issued by the Town of Abingdon or the Town of Damascus depending upon the location of use on the trail. The trail is deemed to be a quiet zone after the normal hours of operation and any organized permitted activities beyond the normal operation shall require the participants to keep the noise down and to keep all lights on the trail so as to not interfere with the privacy of any adjacent land owner along the trail.

(20) Unlawful Lloitering and solicitation are strictly prohibited on the trail.

(21) All users of the trail are to enter and leave the trail at trail head entrances and junctions or other locations which may be authorized by the Town of Abingdon or the Town of Abingdon depending on the location.

This Ordinance shall become effective on __________________, 2006.

Adopted this day of _____________, 2006.

TOWN OF ABINGDON, VIRGINIA

By: ______________________________________

Lois H. Humphreys, Mayor

Attest:

Linda F. Wilson, Clerk

CERTIFICATE

Pursuant to Sec. 2-100 of the Code of the Town of Abingdon, I hereby certify that I have reviewed the foregoing proposed joint Ordinance to enact the use regulations of the Virginia Creeper Trail of the Code of the Town of Abingdon and find it to be in correct form this _____ day of______________, 2006.

Gregory W. Kelly

Attorney for the Town of Abingdon

Mr. Greene suggested # 19 read except as maybe otherwise permitted by the Town of Damascus from mile marker # 12 to trestle # 18.

Mr. Greene made a motion to recommend these changes to the Town of Abingdon 2nd by Mr. Parris (6-0).

Mr. Dene is working on a new personnel policy and would like to go over it with council when time allows.

Mr. Cartwright made a motion to table the personnel policy issue and hold a special called meeting to discuss it 2nd by Mr. Greene (6-0).

Mr. Dene will wait to hear from Mr. Wilson and the Board of Supervisors before anything else is done on the library project.

Old Business

Mr. Greene will speak to the Forest Service and the Creeper Trail Club about the proposal for charging for the use of the Creeper Trail.

Mr. Floyd Wyatt complained about junk cars sitting on the street, he wants to see the cars moved and property cleaned up. The police department will take care of his request.

Mr. Blevins questioned his request for Mayor Jones to appoint an Economic Development Committee. Mayor Jones stated a committee is in place.

Consent Agenda

Mr. Parris made a motion to pay the bills, including the bill from Hunter Faris for work done behind the America Legion 2nd by Ms. Farmer (6-0).

Ms. Farmer presented council with a report from Discover Damascus for the flower boxes.

Mr. Cartwright made a motion to discussion of the suspension of Officer Rutherford, performance of administrative staff, and performance of police chief. 2.2 3711 (A) (1) 2nd by Mr. Blevins (6-0).

_____________________________ ____________________________

Creed Jones, Mayor Tonya Triplett, Clerk

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 Ms. Parris, seconded by Mr. Cartwright (6-0).

Motion made by Mr. Farmer and seconded by Mr. Parris to authorize and direct the Town Manager to advertise for vacant positions. (6-0).

Motion made by Mr. Blevins and seconded by Mr. Greene to increase the hourly rate of Ralph Grove and Ira Blevins to $9.00 per hour, effective January 1, 2007 (6-0).

Motion made by Mr. Blevins and seconded by Mr. Greene to increase the hourly rate of Joe Fritts to $12.00 per hour effective January 1, 2007 (6-0).

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