Town Council Minutes
October
/ November / December
2007

DAMASCUS TOWN COUNCIL
MINUTES FOR OCTOBER 8, 2007

Council Members Present: Mariana Farmer, Johnny Blevins, Maurice Parris, Mitchel Greer and Jim Cartwright
Creed Jones, Mayor
Tonya Triplett, Clerk
Thomas Dene, Town Attorney

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

Mr. Parris Made a motion to approve the September 4, 2007 minutes as written, 2nd by Mr. Blevins (5-0).
Mr. Cartwright made a motion to approve the September 25, 2007 minutes as written, 2nd by Mr. Blevins (5-0).

Mr. Bobby Smith with Damascus Volunteer Fire Department asked council to consider deeding the fire department three acres where the BINGO/Training Center sits. The department has had a survey and will pay all costs to transfer the property.
Ms. Farmer made a motion to start the procedure to deeding three acres to the Damascus Volunteer Fire Department, 2nd by Mr. Cartwright (5-0).
Mr. Blevins made a motion to transfer all assets and equipment to the department, 2nd by Ms. Farmer (5-0).

Committee Reports

Budget, Finance and Administration – Mr. Cartwright

Mr. Cartwright reported the line of credit with Bank of Damascus is in the works, but can’t be completed until a public hearing is held in November.
Mayor Jones reported the Chamber of Commerce will be in Damascus at 9:15 Saturday morning and coffee and cookies will be served.

Street, Lights and Maintenance- Mr. Greer

Mr. Greer reported the public works department will begin work on the playground this week. A tree on Railroad Avenue needs to be taken down or removed.
Ms. Farmer made a motion to give Mr. Greer permission to contact Dale Adams and to let Mr. Adams determine if the tree needs to e taken down or just trimmed, 2nd by Mr. Blevins (5-0).
A brick column at the medical clinic has been knocked down; public works will clean it up off the sidewalk.
Ms. Farmer questioned if VDOT is coming back to fix the intersection at Shady and Laurel Avenues.
Mr. Greer will talk to VDOT again and see what they are going to do.
There was also discussion about the drain at the medical clinic, the drain needs to be cleaned out and that will take care of the water problem.


Sewer, Water and Sanitation- Ms. Farmer

Ms. Farmer reported the committee is looking at hiring a part time person for the plant. The sewer department has repaired the line behind Blue Blaze.

Parks and Recreation – Mr. Blevins

Mr. Blevins discussed plans for development of the Bayer Property to get the camping area ready for Trail Days 2008. It will be necessary to clear brush, add fill to create parking, water and electric lines will need to be run. The town as well as the Fire Department should look at getting their own water meters. Vendors fees will increase to $300 for food and corporate vendors $300, and craft vendors $75. Cars will be charged $10 for the weekend and each person entering the campground will pay $5.
The new pool liner is in progress and should be completed very soon.
Mr. Blevins reported plans to develop the 2 acres off Whistlestop Road for municipal parking. Mr. Blevins hopes to have it open by spring.
The town will have Halloween treats on October 31 in front of Town Hall.
Mr. Blevins asks Mr. Dene to look into an ordinance that requires residents allowing campers to camp in their yard during Trail Days to provide pot-a-potties.

Planning Commission

Mr. Cartwright reported the next meeting will be Oct. 16 and they will be discussing the bike safety route.

Police & Fire Advisory

Mr. Cartwright made a motion to increase Ricky Stumbo’s pay $.50 per hour, 2nd by Mr. Greer (5-0).
Mr. Rouse reported both Mr. Stumbo and Mr. Shumate are doing well in the academy.
Mr. Rouse requested permission to order a camera and radar unit through the DMV Highway Grant. The grant is $11,500 with $5,000 for overtime and $6,500 for equipment. It is a reimbursement grant requiring a 20% match from the town.
Mr. Cartwright made a motion to allow Mr. Rouse to purchase the equipment at $6,500, 2nd by Ms. Farmer (5-0).
Mr. Rouse reported audit was performed by Virginia Department of Criminal Justice Services and some updates are needed. They are requiring the town to get locking file cabinets for the police and all the doors will have to be replaced with steel doors and need to include dead bolts locks. A firewall will be required for their computer system. They ask this be completed in 60 days, Mr. Rouse ask for an extension and got an extra 60 days. He will bring some cost estimates back to council next month.
Mr. Rouse would like to reactive the auxiliary department and get them in the loop before Trail Days.
Mr. Blevins ask Mr. Rouse and Mr. Stumbo to attend the Trail Days meeting next Monday.
The police department has received a car from the county.
Mr. Cartwright gave the department permission to purchase new uniforms.
Mr. Cartwright reported autopsy has been completed on K-9 officer and the cause of death could not be determined.
The police department is looking into charging $2 for parking at Wilson Street.

Special Committees

Ms. Farmer reported the Adam website continues to change and be updated. The site looks great and we are receiving a lot of hits.

Citizen’s Comments

Mr. Clarence Debusk complained about bikes being ridden on the sidewalks. Mr. DeBusk staed someone is going to get hurt if something is not done.
Mr. Terry Kammer on behalf of Discover Damascus, requested the town co sponsor a sock hop fundraiser. The proceeds from the event will be spent on flowers for the town next year and any extra will go to the Veterans Memorial.
Mr. Cartwright made a motion to co sponsor the sock hop with Discover Damascus, 2nd by Mr. Parris (5-0).
Mr. Farmer stated the car show went well and Discover Damascus raised $982.15 for the Veterans Memorial.
Manager’s Report
Mr. Sizemore reported Dockie Triplett has someone interested in his property, but if they decide they don’t want it he will contact the town.
Mr. Parris made a motion to adopt the resolution and the Code of Conduct supporting the Rural Development for improvements to the Damascus Health Clinic (5-0).
Next page


Mr. Blevins made a motion to adopt the following resolution in support of the Beaver Dam Creek Trail and Bridge, 2nd by Mr. Cartwright (5-0).
Town of Damascus
“The Strength of a Town Lies in the Confidence and Cooperation of Its People”

PO DRAWER 576
DAMASCUS, VIRGINIA 24236-0576

TELEPHONE 276-475-3831
FAX # 276-475-3241

Project Endorsement Resolution

Whereas, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program an enhancement project in the Town of Damascus.

Now, Therefore, Be It Resolved, that the Town of Damascus, requests the Commonwealth Transportation Board to continue to fund a project for the improvement of an abandoned rail road bed to create the Beaver Dam Creek Trail and Bridge.

Be It Further Resolved, that the Town of Damascus hereby agrees to pay a minimum 20 percent of the total cost for planning and design, right of way, and construction of this project, and that, if the Town of Damascus subsequently elects to cancel this project the Town of Damascus hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation.

Adopted this 8th day of September, 2007
By the Damascus Town Council

__________________________
Creed Jones, Mayor


Attest: _____________________
Tonya Triplet, Clerk

Attorney Report

Mr. Dene reported it is possible to bill for taxes twice a year. He will talk with Fred Parker to see if the County is going to twice a year and what the details are.
Old Business
Mr. Blevins stated the old building in Extract is being cleaned up and that the town had sent several letter to property owners requesting them to cleanup properties. The properties have not been cleaned up, Mr. Dene suggested it be discussed in closed session.

Consent Agenda

Mr. Cartwright made a motion to pay the bills, 2nd by Mr. Parris (5-0).

Ms. Farmer made a motion to purchase a $100 sign for the field house from Holston High School Athletic Boosters, 2nd by Mr. Parris (5-0).

Mr. Blevins questioned Mayor Jones about making comments that Mr. Blevins accused someone of taking money from a business in town. Mayor Jones denied he had said anything.

Mr. Cartwright made a motion for closed session, 2nd by Mr. Parris (5-0) to discuss the following items:
1. Consultation with legal counsel regarding enforcement and collection of meals and lodging taxes 2.2-3711(A) (7)
2. Discussion of pending litigation, Town of Damascus v. Ralph Smith case no. 01-84 2.2-3711 (A)(7)
3. Consultation with legal counsel regarding nuisance properties pursuant to 2.2-3711(A) (7)


Mr. Cartwright did not attend closed session.

Closed Session Minutes

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

A motion to certify was made by Mr. Cartwright and 2nd by Mr. Parris (5-0).
A motion to adjourn was made by Mr. Cartwright and 2nd by Ms. Farmer (5-0).

Creed Jones, Mayor; Tonya Triplett, Clerk

 


 

MINUTES FOR NOVEMBER 5, 2007

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

Creed Jones, Mayor

Tonya Triplett, Clerk

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 October 8, 2007 minutes as written, 2nd by Mr. Cartwright (5-0- 1 Mr. Greene was absent for the September meeting).

Mayor Jones welcomed Les Smith, new owner of Apple Tree Bed & Breakfast.

Marcia Horne updated council on plans for Winterfest January 19, 2008 at Damascus Park, re-enactment Alaska Serum Run – Alaska Lumberjack Competition and more.
Committee Reports

Budget, Finance and Administration – Mr. Cartwright

Mr. Cartwright reported the public hearing for the line of credit with Bank of Damascus will be held next month.


Street, Lights and Maintenance- Mr. Greer

Mr. Greer reported the public works department will pick up brush as long as they are able to dispose of it; Washington County is not burning at this time and may stop taking brush.

The department will pick up leaves if they are bagged and brought to the property line.

VDOT will work on the drain across Shady Avenue near the Medical Clinic.

Dale Adams trimmed the tree on 5th street.

Sewer, Water and Sanitation- Ms. Farmer

Ms. Farmer reported an OSHA inspection went well, and the only thing required is 8 hours of training on handling asbestos for employees and an air test.


Parks and Recreation – Mr. Blevins

Mr. Blevins reported the committee discussed the sports complex and why one field was only 175’ and the plans did not include the basketball court.

Plans for a parking lot on Whistlestop Road were discussed.

The committee voted to raise pool fees to $4 per day, $75 for a pool party and $10 per hour per guard, $60 for a 20 visit pass and $90 for a 30 visit pass.

Mr. Blevins made a motion to raise the pool fees as stated above, 2nd by Ms. Farmer (6-0).

Mr. Blevins reported water and electricity would need to be installed above the sports complex to accommodate the manufacturer reps. Also, there will be work on the parking area behind the Fire Department. Parking fees with be $10 per car and $5 per person to enter the campground.

Mr. Blevins made a motion for $10 parking and $5 campground, $300 for food vendors and $250 corporate vendors, 2nd by Mr. Cartwright (6-0).

Mr. Blevins stated the reps have attended the festival for over 20 years and have never been charged, they are setting up tents and booths and advertising and should be charged.

Mr. Greene stated the manufacturer reps are supplying a free service for people and have added to Trail Days attendance.

Tom Davenport stated the reps have increased the population of Trail Days because of the service they provide.

Mr. Bob Smith stated the reps are performing a rare service that is not available in other places. Mr. Smith also questioned why the parking fee was reduced, people are use to paying $15 and there have not been any complaints.

Mr. Blevins stated the reps have been selling at the campground and questioned how we can charge vendors $250 to sell their items and allow manufacturer reps to do the same. The Trail Days festival cost every man, woman and child in town $21 per year.

Mr. Blevins made a motion to charge manufacture reps $250 for a space for electricity and water at the campground, 2nd by Mr. Cartwright (4-2 Mr. Greene and Mr. Greer opposed).

Diane Smith asks council not to make new rules but to have the police department enforce the rules in place. If someone is selling at the campground ask them to leave, all should not be punished because one or two are breaking the rules.

Mr. Blevins stated Dennett Dwyer wrote a letter to the town and he encouraged Mr. Dwyer to attend Trail Days meetings if he wants to change what’s going on start doing responsibility that he signed up to do.

Planning Commission

Mr. Sizemore stated a presentation of the walking audit was planned, however, Mr. Horsch was not present and he was instrumental in the walking audit, so the presentation will be next month.

Police & Fire Advisory

Mr. Rouse reported both Mr. Stumbo and Mr. Shumate are doing well in the academy and will graduate December 7.

Mr. Rouse requested permission to purchase $300 worth of ammo for fall qualification.

Mayor Jones requested the police department do some walking or riding bicycles. Mr. Rouse stated the police department can’t be to far away from their cars in case an emergency call comes in.

Citizen’s Comments

Bob Smith was very pleased and proud of Halloween in Damascus. Mr. Smith would also like council to look into limited parking on Main Street, and having paid parking at some location.

Diane Smith asks council to consider spending any excess money on a vacuum sweeper that picks up leaves.

Sandy Davenport questioned ownership of the property that leads to the parking area discussed on Whistlestop. Ms. Davenport also questioned if Trail Days is costing each citizen $21 per year, why have it? Ms. Davenport is highly opposed to the ordinance requiring residents to provide port-a-potties. This proposal would be counter productive of efforts to the Veterans Memorial, and the freedoms they fought for. It is also, in total opposition of the Dillon Rule, which states local government has only those powers expressly granted to them by the General Assembly.

Mr. Cartwright questioned if council should adjourn until control of the meeting could be regained.

Mr. Davenport stated he is very sorry Mr. Cartwright is upset, but citizens are trying to understand what is going on and he will not tolerate being yelled at when participating in a public forum.

Ms. Farmer explained she has received complaints that a citizen charged people to camp and those campers were relieving themselves in public.

Citizens stated that is a police matter.

Diane Smith asks council to enforce the rules already in place instead of making new rules.

Mr. Greene stated the reps should not be charged and have contributed to the success of Trail Days as much as this and previous council. Mr. Greene then read the attached letter from Mr. Dennett Dwyer:

10/24/07

Dennett Dwyer

POB 15

Damascus, VA 24236

Damascus Town Council:

It has come to my attention that the council is considering several proposals for the upcoming Trail Days, and I feel that the issues could use some more examination. The construction of the baseball fields could be underway by next May, and it is important that we make good decisions that will not negatively impact the town or the success of future Trail Days.

Proposal to Charge for Camping at Bayer Property: This issue seems to divide the hiker community, although I feel that it won’t make much difference as long as the price is not exorbitant.

Proposal to Charge for Hiker Support and Repair Enterprises at the Bayer Property: This has never been done in the past. If the idea of charging for this activity is to pay for water and electricity installation, leave it up the Support and Repair Enterprises to provide their own utilities if they deem necessary.

Proposal to Amend the Town Ordinance Regarding Camping on Private Property: The decision by a private citizen to let someone camp in their yard should not be prohibited or restricted. If that citizen chooses to charge for camping, it is already included in the town ordinance that that person is required to have a transient lodging permit and pay the lodging/meals tax. This person acting as a business is also required by the Board of Health to provide bathroom facilities as well. If you had friends or children/grandchildren visiting who wanted to camp out in your yard, the amended ordinance would require you to have a Porta-Potty for them. Let’s not restrict everything and have more rules that we do not need.

On another note, I appreciate all of you on the council for caring about Damascus, working hard, and putting in the hours. Lately, some personal issues/conflicts seem to be occupying the business of the town and making our small town famous for conflict and dissension. I think that everyone in the world can do a better job of respecting each others’ viewpoints, talking about any issues in a calm manner, and dealing with opposing views in a logical and straightforward fashion. If there are past conflicts, they are the past; please make the present business of the town making the future of the town better.

Sincerely Yours,

Dennett Dwyer


Manager’s Report

Mr. Sizemore stated VDOT will clean out the storm drain on Shady.

VDOT has not contacted Mr. Fritts about the public parking signs to put at the Old Mill.

The Beaver Dam Creek Trail application has been submitted and he expects to hear something in the summer. The sports complex plans will not conflict with the Beaver Dam Creek Trail.


Attorney Report

Mr. Dene reported a public hearing for the disposition of Bolling property and the disposition of the three acres to the fire department will be advertised and held together.

Mr. Dene has four items for closed session.

Old Business

Mr. Jones stated Mr. Blevins has approached Rob Goldsmith about the purchase of the Rock School.


Consent Agenda

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

Council Members Reports

Ms. Farmer made a motion to hang the site plan for the Veterans Memorial in the Town Hall, 2nd by Mr. Greene (6-0).

The trees have been taken down and the wood will be moved at Veterans Memorial site.

Ms. Farmer made a motion any donations from the wood go directly to the Veterans Memorial fund, 2nd by Mr. Greene (6-0).

Mr. Blevins stated the County has moved their budget request up to December 14 the committee will be discussing the budget request on Nov. 12 and all are welcome to attend the meeting.

Mr. Blevins stated the email he got called for the police department and fire department to conserve water was absolutely correct and asks departments to honor the request.

Mr. Blevins reminded elected officials and police department that they are not to accept personal gifts.

Mr. Greene made a motion for closed session, 2nd by Ms. Farmer (6-0) to discuss the following items:

1. Discussion of pending litigation, Town of Damascus v. Ralph Smith and Town of Damascus v. Historical Inns, LLC 2.2-3711 (A)(7)
2. Consultation with legal counsel regarding a credit line foe the Town, per 2.2-3711(A) (7)
3. Consultations with legal counsel regarding abatement of nuisance properties, per 2.2-3711 (A) (7).
4. Consideration of candidates for employment with the police department, per 2.2-3711 (A) (1).

Mr. Cartwright did not attend closed session.

Closed Session Minutes

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

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

A motion was mad by Ms. Farmer and 2nd by Mr. Blevins to hire Nathan Miller full time at $10.25 per hour for 60 days then review, effective Nov.12 (5-0).

A motion was made by Mr. Parris and 2nd by Mr. Greer to adopt the resolution on the line of credit. (5-0).

RESOLUTION

TOWN OF DAMASCUS, VIRGINIA

WHEREAS, the Mayor and Town Council deem it advisable to establish a credit line to ease cash flow problems with the Town’s receipts; and

NOW, THEREFORE, be it hereby RESOLVED that

1. The Town shall be and hereby is authorized to establish a credit line with the Bank of Marion in an amount not to exceed Fifty Thousand Dollars ($50,000.00) at a rate of interest not to exceed Seven 740/100 Percent (7.740 %) per annum.

2. The Mayor and Treasurer are authorized and directed to execute all documents necessary to establish and access said credit line.

3. Draws shall be authorized in advance by vote of the Town Council.

Adopted this 5th day of November, 2007.

______________________________

Creed Jones, Mayor

VOTES

____________________________________

BLEVINS

____________________________________

CARTWRIGHT

____________________________________

FARMER

____________________________________

GREENE

____________________________________

GREER

___________________________________

PARRIS

A motion to adjourn was made by Mr. Parris and 2nd by Mr. Blevins (5-0).

__________________________ __________________________________________

Creed Jones, Mayor Tonya Triplett, Clerk