DAMASCUS
TOWN COUNCIL
MINUTES
FOR APRIL 6, 2009
Council
Members Present: Lannis Greene, Johnny Blevins, Jim Cartwright,
Mitchel Greer, Tom Hayes, and Kenneth Upchurch
Creed Jones,
Mayor
Tuesday
Pope, Clerk
Thomas Dene,
Town Attorney
Aaron Sizemore,
Town Manager
Mayor Jones
called the meeting to order, led the Pledge of Allegiance, and the
prayer.
* Mr. Cartwright
made a motion to approve the Regular Council Meeting minutes for
March 2, 2009 as written; 2nd by Mr. Upchurch (6-0).
* Mr. Cartwright
made a motion to approve the Special Called Meeting minutes for
March 18, 2009 as written; 2nd by Mr. Hayes (5-0-1 Mr. Greer abstained).
Mayor Jones
opened the floor to Marianna Farmer, a representative of the Veterans
Memorial. Mrs. Farmer provided the Council with a copy of the VFW’s
2007/2008 audit, and noted that the organization has filed for a
501-C3 and is waiting on a reply. The trustees for the Memorial
fund are Robert Gray, Don Hash and Jeremiah Heaton; all are veterans
and have committed to the Memorial project. The organization will
focus its concentration on raising funds for, and construction of
the project. They have secured the permits required, and finished
the grade work. Funding has been raised by the Discover Damascus
Club, the Damascus VFW, and the American Legion exceeding $17,000,
to date (with approximately $2,500 worth of labor and materials
that have been donated). Expenses in this project will include materials,
supplies, equipment, electrical, and specialized services. Many
of the material suppliers are willing to sell their goods “at
cost” to support the organization. The labor on the project
is being donated by volunteers. A new development in the project
is that the DVFD and Damascus PD have asked to put up a monument
on one side of the Veterans Memorial, for which those departments
will raise the funding. A tentative design for the new structure
has been completed. On the side opposite the PD and DVFD monument
will be a pedestal holding a plaque listing those who donated time,
money, and materials in order to make the construction of the site
possible; as well as a journal specifying the location of each name
on the monument. A large anticipated expense will be the granite
engraving, which has been estimated to cost around $26,300 by one
service provider (Mrs. Farmer reported that there will also be another
estimate given by a different provider). Monies spent on the project
so far equals $2,491 which has all been approved by the trustees.
Town Manager Aaron Sizemore has been working on getting them a grant
for funding to help with plants and drainage costs.
Mr. Sizemore
reported that this particular grant requires a match, and consists
of the Department of Conservation and Recreation removing current
vegetation and replacing it with native vegetation, which will provide
a landscaped appearance. Once construction if the memorial is underway,
they will submit the grant application. This particular grant will
provide an estimated $30k, which is to be split between the Veterans
Memorial and the new library project.
Mrs. Farmer
requested the budgeted $3k for the Veterans Memorial of Damascus
be transferred to the trustees of the organization, to be used for
purchasing materials for the memorial, before the end of this budget
year.
* Mr. Greene
made a motion to approve the issuance of $3k, out of line item 10-580-39,
to the trustees of the Veterans Memorial of Damascus; 2nd by Mr.
Blevins (6-0).
Mayor Jones
opened the floor to Chris Scott, representing Shenandoah Mountain
Touring, LLC. Mr. Scott asked for the Council and Mayors approval
of the proposed Iron Mountain 100k – Backcountry Mountain
Bike Event, and also asked for permission to host the event out
of the Town Park. Mr. Scott provided these details:
Shenandoah
Mountain Touring, LLC is requesting the use of the Damascus Town
Park on Saturday July 11th and Sunday July 12th 2009. We would like
to be able to tent camp participants and volunteers up stream of
the pavilion. We would like use of the pavilion on the 11th and
12th. We will bring in enough Portable Toilets to handle the capacity
of participants.
Impact
on town: Participants would arrive on Saturday July 11th and set
up camp. The event will start at 7:30 am. Sunday morning. Participants
will start to return to town at 1:00 pm and will continue to arrive
in a dispersed manner until dark.
The event
will be operating under a special use agreement with the Jefferson
National Forest. (Permit Pending)
Reference:
Barbara Schaffer – Coburn, PA - Penn Township (814)349-8886
We use the
Coburn Town Park for our event called the Wilderness 101 in the
exact same capacity. We have been working with Barbara for 8 years
now.
Thanks
for your consideration,
Chris Scott
540.434.2087
MountainTouring.com
Shenandoah Mountain Touring, LLC.
IMBA State Representative – Virginia
Mr. Blevins
asked about liability insurance requirements. Mr. Scott replied
that the National Forest Service requires the organization hosting
the event have a $1million policy, and for added protection the
Town of Damascus will be listed as additionally insured on that
same policy. This will be done without the Town having to sign on
as a co-sponsor. Mr. Blevins noted that the Town has never allowed
an option for tent camping in the park, as requested. The Council
agreed that the participants use either the Bayer property on Shady
Ave or the riverbank by the Old Mill on Imboden St., for tent camping
instead of the Town Park. Mr. Greene suggested reserving, and marking
off an area for a canopy tent and table in the park for hosting
the event on Sunday.
* Mr. Greene
made a motion to allow hosting of the event from the town park;
and participants camping at the approved properties on Imboden St.
or Shady Ave; 2nd by Mr. Blevins (6-0).
Mayor Jones
opened the floor to any representatives of uniform service providers.
Mark Branham, representing the UniFirst Corporation, had previously
provided the Town with a bid, a catalog of products and supplies,
and a written description of services, which the Unifirst Corp.
proposed, in an effort to contract the Town’s business. Mr.
Branham came before the Council to address any questions or concerns.
Mr. Dene went over the fees and charges, as well as contract terms
as proposed by Mr. Branham. Mr. Blevins inquired about which articles
of clothing those charges represented. Mr. Branham responded that
he had priced each employee with 1 jacket, and 11 sets of uniforms
(waiving the fees for name emblems). Mayor Jones asked Mr. Dene
if the Town is currently obligated under contract to our current
uniform service provider (G&K Services). Mr. Dene replied that
he hasn’t seen a contract that is currently binding. The contract
with the current provider was for a period of 36 months, and an
automatic renewal of 36 months; and time has surpassed those six
years. Mayor Jones commented that Town would save some money if
choosing to use UniFirst. Mr. Dene pointed out a point of concern
in UniFirst’s contract terms, which provided for a term of
60 months, and an automatic renewal of another 60 months. Mr. Branham
advised that those terms were standard in this business. Mr. Dene
recommended the Council make a motion to accept the bid provided
by the Unifirst Corp., subject to the completion of the legal contract,
and the approval of the Council. Mr. Greene recommended amending
the 60 month automatic renewal provided in the contract.
* Mr. Cartwright
made a motion to approve the UniFirst service proposal (after amendments
are made to the contract that will provide for a term of no more
than 60 months (with no automatic renewal), as well as amending
the service cost increase each year to a fixed 5%; 2nd by Mr. Greer
(6-0).
Mayor Jones
announced that there was a vacancy on the Creeper Trail Advisory
Board after Tom Horsch resigned, and that he would like to have
Greg Norman appointed to that position.
* Mr. Greene
made a motion to appoint Greg Norman to the C.T.A.B. in Tom Horsch’s
place, 2nd by Mr. Hayes (6-0).
Committee
Reports
Budget,
Finance and Administration:
Mr. Greene
had nothing new to report at this time. Mr. Greene asked that the
Council look at their calendars, after open session, and decide
on a date(s) to start the budget workshops.
Streets,
Lights and Maintenance:
Mr. Greer
reported the Maintenance Dept. has been picking up brush, and wants
to get started on the fencing at the Bayer property that needs to
be corrected before Trail Days.
Sewer,
Water and Sanitation:
Mayor Jones
stated that he went to Congressman Boucher and asked for three things
under the stimulus program. One is funding for a additional drying
bed at the sewer plant. Second is pay for a policeman for three
years. Third is funding for a broadband wireless system. Mayor Jones
asked for an estimated cost of a drying bed, in order to have a
specific figure to request. There is a hold up due to the fees associated
with the engineers assessing the situation.
Mr. Sizemore
responded that the drying beds weren’t complicated enough
to require specialized engineers for assessment. The Sewer Dept.
only needs the contractors who are bidding to do the work to give
a cost estimate. However, it is a matching grant, so the Town has
to provide at least half of the funding, the specific amount will
be decided by D.E.Q. A cost estimate is needed before deciding to
have the work done privately, or by R.F.P., because if the cost
reaches or exceeds a certain amount the Town will be required to
put the job out for bids.
Parks
and Recreation:
Mr. Blevins
reported the committee had intended to replace the gazebo roof (as
well as add on to it for future expansion) this spring, but the
allotted $10k for facilities construction will not cover the expenses.
Mr. Blevins suggested using budgeted funding for campground development
for the extra expenses.
Mayor Jones
expressed his concerns that the county will not provide the funding
for Parks and Rec. as they have before, because they have suggested
$0 funding for the next budget year. The Mayor is going to the county
budget meeting to ask for funding.
Mr. Greene
suggested tabling the roofing project until after the county budget
is decided upon; the Council agreed.
Planning
Commission:
Mr. Cartwright
reported that the Planning and Zoning Committee has been continuing
to work on the master bicycle and pedestrian plan, and hopes to
finalize it this month.
Mayor Jones
reported that Marianna Farmer used to represent the Town at the
Mt. Rogers Planning District, and would like to appoint Ken Upchurch
to take her place.
* Mr. Greene
made a motion to appoint Ken Upchurch in the position with the planning
district, previously held by Mrs. Farmer, 2nd by Mr. Hayes (6-0).
Police:
Chief Nunley
submitted to the Council a detailed monthly report, as seen below:
The Damascus
Police Department has had another busy agenda for the month of March.
Several schools and training seminars were attended including the
annual D.U.I. Conference in Virginia Beach. The Radar sign promised
to Damascus Police Department is still in Craig County and once
returned, our department will be able to use it for several weeks.
Patrol Bike School is scheduled for April 17th,18th,and 19th here
in Damascus. This particular weekend you will be seeing several
Police Bicycles on the patrol.
The Neighborhood watch program is running well and will be starting
on the planting of flowers on April 25th, 2009 meeting in the Town
Park at 9:00 AM. Explorer meetings are going as planned and now
trying to have a membership drive to increase the numbers of the
group. These meetings are held on the 2n, and 4th, Tuesdays of the
month if you know anyone that may be interested.
Five new shotguns have been purchased by donation of a Neighborhood
Watch member. These new shotguns have been ordered and should be
placed into duty as early as June. Three in-car cameras have been
donated to the Police Department from the Town of Abingdon Police
Department. These cameras are being mounted into Police cars this
month. All Full time Officers have been drug tested here at the
office and these drug testing kits are available at anytime for
other Town employees at a cost of $10.00 per employee.
As of July 1st, 2008 till now, approximately $10,000.00 has been
deposited into Damascus Town Account in fine money. The Police Department
as of this date is operating under budget for this calendar year.
An important issue that needs to be discussed is Officer Shumate
and rate of pay. Officer Shumate will be with the Department three
years in May. His rate of pay will be lower than the new officers
after there completion of the academy. This issue needs to be addressed
as soon as possible due to the new budget as well as the possibility
of a freeze on raises in the near future. Another issue is the Chief
pay now frozen at $14.00 an hour. Initial agreement was to end at
$15.00 an hour. I would ask that review this request due to the
importance of the issue.
As always, I am eager to address any questions or concerns that
you may have. Feel free to contact me at anytime.
Bill Nunley,
Chief of Police, Damascus Police Department
Chief Nunley
also reported the following: the police budget is finalized and
ready for the budget hearings; the Town needs to put up a crosswalk
sign where the Creeper Trail crosses the road (at the intersection
of S. Shady and Water St.); an application has been submitted requesting
stimulus money to cover one officer under the cops grant; the police
academy has requested that the two officers that will be attending
the academy this year both come at the same time; the PD had previously
applied for a first responders license but has been denied –
Chief Nunley will go before the County Board of Supervisors and
address it; the PD will be participating in Damascus Dog Day on
May 9 with a K-9 demonstration, and WINGS will be landing in the
park for the Neighborhood Watch Program.
Special
Committees:
Mayor Jones
reported that in order to get an abatement for the Rock School tax,
Mike Rush with People Inc. has asked the Town to assure him that
the taxes will not be raised this year.
The Council
agreed that at this time, no such promises can be made because in
order to run a town, tax rates must be based on revenues accordingly,
and are subject to change.
Citizens
Comments
Eleanor
Grasselli provided informational pamphlets entitled “Don’t
move firewood - Stop the spread of tree-destroying insects and diseases”,
concerning invasive bugs being introduced into communities where
they are not native, by people transporting their firewood.
Ms. Grasselli
also mentioned that the Damascus Senior Band will be performing
at the Rock School Auditorium at 2:30pm, on Wednesday of Trail Days.
Bob Grey
addressed the Council and asked, again, if the Town would release
a road easement between 533 and 523 Docie St., between the Gray
and Wilson properties.
Thomas Dene
replied that he is still gathering information at this time.
Terry Kammer
asked if the county is cutting our budgeted funding from them, then
what services does the Town get in return for taxes paid in to the
county.
A short
discussion followed.
Mr. Cartwright
spoke as the Abingdon Rotary Club President and reported the Abingdon
Rotary Club Foundation of International Rotary appointed Creed Jones
as a “Paul Harris Fellow”. This appointment was done
on a basis of community involvement, and $1k was donated for the
cause of eradication of polio from the world. Mr. Cartwright presented
the Mayor with a plaque, a medal, and a lapel pen in appreciation.
Manager’s
Report
Mr. Sizemore
submitted the following report:
OLD
BUSINESS
Comprehensive
Bicycle and Pedestrian Plan
The Planning
Commission hopes to finalize the plan this month.
NEW
BUSINESS
Washington
County Recreation Park
A wetland
delineation has been required before the project can move forward.
Bayer Property
Access Road
A Joint
Permit Application has been requested for these crossings.
Damascus
Branch Washington County Library
Money has
been made available for landscaping and water retention on this
site and on the veteran’s memorial site. This will work as
water filtration for the site runoff. Neither of these sites are
ready for this work and the money will be applied for during the
next round of funding.
Attorney
Report
Mr. Dene
reported six topics for discussion in closed session:
1. Compensation
of Officer Shumate, and the Chief of Police, per VA code section
2.2-3371(A) (1).
2. Town Of Damascus v. Ralph J. Smith, per VA code section 2.2-3371(A)
(7).
3. Consultation with legal council regarding sewer use overcharges,
per VA code section 2.2-3371(A) (7).
4. Consultation with legal council regarding repairs to the Town
Pool, per VA code section 2.2-3371(A) (7).
5. Performance of the Police Department, per VA code section 2.2-3371(A)
(1).
6. Consultation with legal council regarding Creeper Trail right-of-ways,
per VA code section 2.2-3371(A) (7).
Old
Business
Nothing
new reported at this time.
New
Business
Nothing
new reported at this time.
Consent
Agenda
* Mr. Cartwright
made a motion to pay the bills, 2nd by Mr. Blevins (6-0).
* Mr. Greene
made a motion for closed session, 2nd by Mr. Hayes (6-0).
CLOSED
SESSION MINUTES
* A motion
to go out of closed session was made by Mr. Greene, 2nd by Mr. Hayes
(6-0).
* A motion to certify was made by Mr. Upchurch, 2nd by Mr. Blevins
(6-0).
* A motion
to increase officer Shumate’s pay to $12.25 per hour (effective
next pay period) was made by Mr. Greene, 2nd by Mr. Blevins (6-0).
* A motion
to increase Chief Nunley’s pay to $15 per hour (effective
next pay period) was made by Mr. Greene, 2nd by Mr. Hayes (6-0).
* A motion
was made by Mr. Cartwright to take the proposed credit of $827.45
(for the sewer account located at 508 Bear Paw Lane), and apply
it toward property taxes for that address; 2nd by Mr. Greene (5-0-1
with Mr. Blevins abstaining).
The council
agreed to hold a budget workshop for the 15th of April 6:00 PM.
* A motion
to adjourn was made by Mr. Cartwright, 2nd by Mr. Greer (6-0).
DAMASCUS
TOWN COUNCIL
MINUTES
FOR MAY 4, 2009
Council
Members Present: Lannis Greene, Johnny Blevins, Mitchel Greer, Tom
Hayes, and Kenneth Upchurch
Creed Jones,
Mayor
Tuesday
Pope, Clerk
Thomas Dene,
Town Attorney
Aaron Sizemore,
Town Manager
Mayor Jones
called the meeting to order, led the Pledge of Allegiance, and the
prayer.
* Mr. Hayes
made a motion to approve the Regular Council Meeting minutes for
April 6, 2009 as written; 2nd by Mr. Upchurch (4-0 Mr. Greene was
not yet present).
Mayor Jones
opened the floor to Al Macintosh from Bostic, Tucker & Co.,
P.C., the accounting firm that prepared the Town’s financial
audit for the FY07-08. Each council member was given a copy of the
audit results. Mr. Macintosh gave an explanation of his findings,
offered suggestions, and answered questions.
Mayor Jones
opened the floor to representatives of the Virginia Creeper Trail
Club. Eleanor Grasselli, Bunny Medieros, and Anne Maio each asked
the Council to release the $3k contribution budgeted for the club
– without turning in an audit for the previous fiscal year.
Mr. Greene
explained the policy concerning contributions made by the Town applies
to all organizations requesting funds, and cannot be released until
an audit is received.
Mr. Blevins
suggested that for a small club, an internal audit or report showing
all revenues and expenditures will suffice; as opposed to hiring
an auditor.
* Mr. Greene made a motion to allow the $3k be paid after a representative
of the VCTC provides the Town with a financial statement, 2nd by
Mr. Hayes (5-0).
Committee
Reports
Budget,
Finance and Administration:
Mr. Greene
stated that he plans on the 2010 budget being finalized after the
next budget meeting.
Streets,
Lights and Maintenance:
Mr. Greer
reported the Maintenance Dept. has been busy preparing the Town’s
properties and facilities for the upcoming Trail Days festival.
Mayor Jones
reported receiving complaints about the pavement on Third Street.
Aaron Sizemore agreed that it needs repaved, and has already sent
in an ad requesting bids for the project of paving Third Street
after prospective contractors meet for a scheduled walk-thru.
Sewer,
Water and Sanitation:
Mr. Upchurch
reported there is a diesel supply tank (for the emergency generator)
at the sewer plant which has been underground since 1975, and the
EPA requires it be removed and inspected. The plan is to remove
the tank, and replace it with a smaller tank inside the building.
Mayor Jones
stated he needs a dollar figure on creating another drying bed(s).
Aaron Sizemore
commented that the sewer plant supervisor is trying to locate the
original drying bed plans. If they are found, the Town will not
have to hire an engineer to draw up new plans, which will save on
cost.
Parks
and Recreation:
Mr. Blevins
reported the County Board of Supervisors is recommending Damascus’
Parks and Rec. Dept receive 90% (of the funding received last year)
for the FY09-10. Mr. Blevins expressed his gratitude to Jack McCrady,
who is on the Board, for supporting Damascus in this.
The roofing
project for the gazebo in the park has been postponed indefinitely
due to economic uncertainties.
The playground
in the park needs a new load of wood-chips, and the pool will hopefully
open for Memorial Day.
* Mr. Greene
made a motion to approve the purchase of a load of hardwood chips
for the playground, 2nd by Mr. Greer (5-0).
Mr. Hayes
reported the Trail Days hats (donated by High South Realty), tee-shirts
(donated by BACKPACKER), and brochures are all available at Town
Hall. The preparations and arrangements are complete for the Trail
Days festival.
Planning
Commission:
Mr. Sizemore
reported the Planning and Zoning Committee didn’t have their
April meeting, and nothing new to report at this time.
Police:
Chief Nunley
submitted to the Council a detailed monthly report, as seen below:
The Damascus
Police Department has had another busy agenda for the month of April.
The First Responder License has been approved through the County
Board of Supervisors and now up for Public Hearing on May 12th,
2009. Once passed, the application will be processed through the
state.
The radar sign has been in use for 3 weeks and doing very well.
We are receiving numerous compliments on the sign. The Police Department
is keeping the sign in all complaint areas as much as possible.
Dog Days in Town Park was a success also, many T-shirts were sold
and lots of toys given to the children.
The Patrol Bicycle class was completed last weekend. All patrol
officers are certified through International Police Mountain Bike
Association to do Bike Patrol. New Patrol Bikes were donated by
Adventure Damascus. Three Bikes were purchased and three donated.
These news tools of the Police Department will be heavily used and
will be seen on the upcoming weekends.
Four Pedestrian Crosswalk Signs have been purchased and should arrive
in time for Trail Days. These signs were $69.00 a piece and will
be very helpful in increasing the safety in our crosswalks. COPS
and Byrne Justice Grants have been completed and submitted this
month, awaiting response of approval.
Six Driving Under the Influence charges and thirty eight moving
violations have been issued this month. Moving violations are down
from previous months. The Damascus Police Department is prepared
for Trail Days and Yard sale weekend. There will be saturation patrols
during both weekends.
As always, I am eager to address any questions or concerns that
you may have. Feel free to contact me at anytime.
Bill Nunley,
Chief of Police, Damascus Police Department
Special
Committees:
Nothing
to report at this time.
Citizens
Comments
Jeff Buckley
spoke concerning taxes on a piece of his property that apparently
lies on the town and county lines, with a building being divided.
A discussion followed, and the Council decided to talk with the
Town’s attorney, during closed session regarding this topic.
Mr. Buckley
also commended Chief Nunley on the positive impact he has made on
the Police Dept., and the Town.
Bob Grey
asked the Council if the Town had any new information concerning
the release of a road easement between 523 and 533 Docie St., which
is between the Gray and Lewis properties.
Thomas Dene
replied the Town doesn’t appear to have an interest, or ownership,
in this specific property because it isn’t on the official
Town map; therefore, a new appraisal is not necessary. A public
hearing will be necessary before releasing the property, which must
be advertised first. Mr. Dene will place the ad for the hearing,
and the property owner(s) will be responsible for the expense.
The Council
agreed to schedule the public hearing during the June 1, 2009 Regular
scheduled Council meeting.
Richard
Smith expressed a need for manual weed cutting tools for the hiker
volunteers to use during Trail Days campground preparation.
* Mr. Greene
made a motion to appropriate $300 for weed cutting tools to be purchased
by Richard Smith and/or Joe Fritts (Maintenance Supervisor), 2nd
by Mr. Blevins (5-0).
Manager’s
Report
Mr. Sizemore
submitted the following report:
OLD
BUSINESS
Comprehensive
Bicycle and Pedestrian Plan
A draft
plan was submitted to Congressman Boucher’s office last month.
Washington
County Recreation Park
Wetland
delineation has been required before the project can move forward.
Bayer Property
Access Road
A Joint
Permit Application has been requested for these crossings.
NEW
BUSINESS
Police Cars
Grant
The Rural
Development police cars grant has been sent to Richmond and the
local office is waiting response.
2009 Paving
Several
streets have been selected and we are currently in the process of
getting bids.
Attorney
Report
Mr. Dene
stated a need for the Council to schedule a public hearing and special
meeting, before June 30, to adopt the FY09/10 budget. Also, a budget
synopsis needs to be turned in (to Mr. Dene’s office) by noon
on Friday, May 16th, so the advertisement of the public hearing
can be published twice ahead of time.
The scheduled
budget meeting on Thursday May 7th, has been rescheduled for Tuesday
May 12th , and needs to be posted.
The Supreme
Court is scheduling an oral argument, concerning the Town v. Ralph
Smith case, sometime during the first week of June.
Mr. Dene
reported two topics for discussion in closed session:
1. Consultation
with legal council regarding establishment of the Town’s corporate
limits for taxation purposes, per VA code section 2.2-3371(A) (7).
2. Consultation with legal council regarding administration and
findings of the Town’s financial audit, per VA code section
2.2-3371(A) (7).
Old
Business
The Council
discussed the status of the outstanding balance on the line-of-credit
used by the Town in order to cover expenses. The conclusion was
that it needs be paid off during the current week.
Consent
Agenda
* Mr. Greene
made a motion to pay the bills, 2nd by Mr. Blevins (5-0).
* Mr. Greene made a motion for closed session, 2nd by Mr. Hayes
(5-0).
CLOSED
SESSION MINUTES
* A motion
to go out of closed session was made by Mr. Hayes, 2nd by Mr. Upchurch
(5-0).
* A motion to certify was made by Mr. Blevins, 2nd by Mr. Greer
(5-0).
* A motion to adjourn was made by Mr. Hayes, 2nd by Mr. Blevins
(5-0).
DAMASCUS
TOWN COUNCIL
MINUTES FOR JUNE 1, 2009
Council
Members Present: Lannis Greene, Johnny Blevins, Jim Cartwright,
Mitchel Greer, Tom Hayes, and Kenneth Upchurch
Creed Jones, Mayor
Tuesday Pope, Clerk
Thomas Dene, Town Attorney
Aaron Sizemore, Town Manager
Mayor Jones
called the meeting to order, led the Pledge of Allegiance, and the
prayer.
·
Mr. Hayes made a motion to approve the May 4, 2009 minutes as written,
2nd by Mr. Blevins (6-0).
Mayor
Jones suspended the meeting and opened the budget hearing. There
was an opportunity for comments and discussion.
Mr. Blevins
commented that the proposed budget is approximately $140k less than
last years’ budget due to the economic recession, and about
75% of the line items have been cut back on allotted funding. Also,
there will be no Town employee receiving a cost-of-living increase
this year, as they have in previous years.
Terry Kammer
asked if there would be a tax increase by the Town.
The Council responded that there is no real estate or personal property
tax rate increase in the FY09/10 budget.
Shirley
Brand asked the Council to consider lowering tax rates if the county
tax assessments increase.
Mayor
Jones closed the budget hearing.
·
Mr. Cartwright made a motion to schedule a public hearing to adopt
the FY09/10 budget (and any other business that comes forward) on
Monday, June 15th, 2009 at 6:00pm; 2nd by Mr. Mr. Blevins (6-0).
·
Mr. Blevins made a motion to request, in writing, deferring the
proposed $2500 increase in fees for the services provided by the
Town Manager through Mount Rogers Planning District Commission;
2nd by Mr. Greene (6-0).
Mayor Jones
opened the public hearing concerning the right-of-way easement between
Gray and Lewis’ Docie St. properties. The floor was open for
any comments or discussion. Thomas Dene explained the quit-claim
process needed to settle the matter, and provided an ordinance approving
the transaction.
Mayor
Jones called the public hearing over.
·
Mr. Cartwright made a motion to grant the request for a quit-claim
on the referenced Docie St. property; 2nd by Mr. Blevins (6-0).
The official
ordinance is as follows:
AN ORDINANCE APPROVING AND AUTHORIZING
QUIT-CLAIM OF REAL PROPERTIES
WHEREAS,
the Damascus Town Council has been requested to quit-claim the below-described
real property upon the terms and conditions enumerated below; and
WHEREAS,
the Town has been unable to verify that it has any ownership interest
in the below-described real property; and
WHEREAS,
the said Council has conducted a public hearing on the subject matter
of this ordinance following advertisement of such hearing as required
by law; and
NOW, THEREFORE,
be it hereby ordained,
1. Upon
payment of all advertising costs incurred by the Town or by the
Town Attorney on behalf of the Town, the Mayor is authorized and
directed to execute a quit-claim deed on behalf of the Town of Damascus
(in a form acceptable to the Town Attorney) conveying
a. to Linda
Kay Gray for $1.00, a parcel of land being more particularly described
as beginning at an iron rod found in the northern boundary of Docie
Street, a corner to LINDA KAY GRAY, thence N 9° 06’ 44”
W 122.66 feet to an iron rod found in the southern boundary of an
unnamed alley, then with said alley N 81° 07’ 13”
E 12.5 feet to an iron rod set in the southern boundary of said
alley, then S 09° 06’ 44” E 122.70 feet to an iron
rod set in the northern edge of Docie Street, thence with the northern
boundary of Docie Street S 81° 07’13” W 12.5 feet
to the point of beginning; and
b. to Lawrence
E Lewis for $1.00, a parcel of land being more particularly described
as beginning at an iron rod set in the northern boundary of Docie
Street, corner to LAWRENCE E. LEWIS, thence with the northern boundary
of Docie Street S 81° 07’ 13” W 12.5 feet to an
iron rod, thence N 9° 06’ 44” W 122.70 feet to an
iron rod set in the southern edge of an unnamed alley, then with
the southern boundary of said alley N 81° 07’ 13”
E 12.5 feet to an iron rod, then S 09° 06’ 43” E
122.74 feet to the point of beginning.
ADOPTED
this 1st day of June, 2009.
Blevins yea/nay
Cartwright yea/nay
Hayes yea/nay
Greene yea/nay
Greer yea/nay
Upchurch yea/nay
Committee
Reports
Budget,
Finance and Administration:
Mr. Greene reported that not only were the Town’s employees
not receiving a raise this upcoming year, but also the Council also
needs to consider a group health insurance plan with reduced coverage
costs. Documents were presented to the Council showing the previous
coverage, which is due to increase by 11.8% as of July 1, and the
proposed new coverage which will only increase coverage costs by
no more than 1.57%, but will have an added deductible as well as
a few minor changes.
·
Mr. Cartwright made a motion to accept the new healthcare plan proposal,
2nd by Mr. Blevins (5-0-1 Mr. Greene abstained).
Streets,
Lights and Maintenance:
Mr. Greer reported that the Maintenance Department had been working
on brush collection and clean-up, street lines are in the process
of being repainted, as well as many other various work projects
at the pool and around Town. A suggestion was also made to purchase
new picnic tables for the Town Park. Mr. Greer wanted to specifically
thank the Maintenance crew for all the hard work and long hours
put in during Trail Days.
Sewer, Water and Sanitation:
Mr. Upchurch reported that the emergency generator’s fuel
tank was going to be excavated. A new, smaller tank will be installed
outside on a concrete pad, which will cost around $1000.
·
Mr. Upchurch made a motion to approve up to $1000 for the tank relocation
project, 2nd by Mr. Cartwright (6-0).
There has
been a problem with the sewer line at the Little League field due
to complications with the way the line was laid. Terry Prater came
out and redid the line, as well as installed a new clean-out system
that will allow traffic to drive over top of it. Mr. Upchurch questioned
who, either the Little League or the Town, would be responsible
for paying for these repairs.
There is not a need for the construction of a new, expensive drying
bed; an open-air shed with plexi-glass roof for storing and drying
sludge would be more practical.
Mayor Jones commented that the next item to be addressed by the
economic stimulus package will be sewer and water, so we need project
estimates to turn in.
Parks
and Recreation:
Mr. Blevins reported the Town Pool is now open for the season.
·
Mr. Blevins made a motion to allow Dana Lethcoe to spend up to $500
for upgrades at the pool, 2nd by Mr. Greene (6-0).
Mr. Blevins
suggested purchasing vinyl coated metal picnic tables for the park
(instead of wood), out of the current playground budget.
·
Mr. Greene made a motion to approve $2,000 toward purchasing some
new furnishings for the Town Park, 2nd by Mr. Cartwright (6-0).
·
Mr. Blevins made a motion to release the funds budgeted for the
Independence Day celebration (which will come out of the FY09/10
budget), 2nd by Mr. Greene (6-0).
Planning
Commission:
Aaron Sizemore reported that the final approved draft of the Bicycle/Pedestrian
Plan will hopefully be received in the next month or so, and then
will be ready for adoption.
Mayor Jones asked for the Council’s support of the following
resolution:
· Mr. Cartwright made a motion to put the Town’s support
(in principal) behind the rail system, 2nd by Mr. Hayes (6-0).
Aaron Sizemore
commented that the idea behind the Rail Solution campaign is to
put a railroad in the median of Interstate 81.
Police:
Chief Nunley submitted to the Council a detailed monthly report
as follows, and welcomed any questions and/or comments.
The annual
Trail Days event has now past and the department is very pleased
with the results. Fourteen criminal arrests were made during the
week of Trail Days with sixty five charges issued by state summons.
Over eighty parking violations were issued and at the completion
of Trail Days there were no theft reports or vandalism reports made.
Thus telling us that the police presence did make a difference.
Yard Sale weekend was very successful with no problems or arrests.
Parking violations have been a major issue due to people complaining
that there was no place to park and that “No Parking”
signs were not present. Each complaint has been referred to the
Chief and being handled on a one on one basis as they come to the
office or call. This matter will need to be addressed before the
next Trail Days event as to where additional parking will be allowed
due to Tent City filling up and the Little League field parking.
New shotguns have been placed into duty and each officer has been
qualified with there newly assigned weapon. Spike Strips have been
ordered and are scheduled to arrive within the week. The new Spike
Strips are designed to stop vehicle pursuits before entering town
limits. On numerous occasions other agencies engage in a vehicle
pursuit that ends up traveling through our town. Each department
will receive a letter from our department stating that any vehicle
pursuit traveling towards town limits will be terminated by the
use of the spike strips if possible by the on duty officer.
The Police Department is operating under budget for the 2008 - 2009
physical year budget. New crosswalk signs have been ordered and
scheduled for delivery in two weeks. The department is looking forward
to using these signs in our crosswalks during heavy foot traffic
periods. Speeding violations have dramatically reduced over the
last several months, showing that heavy law enforcement presence
is making a difference on our town streets. The neighborhood watch
program is running well. Several members of the neighborhood watch
planted flowers throughout town last Saturday, each one present
worked very hard making a true difference on the appearance of the
town.
The town of Damascus has received a grant for two new police vehicles
through the USDA and rural development. Several other grants have
been submitted and awaiting a response. Washington County Sheriffs
office is holding three cars for the town of Damascus which will
be ready in late August. I will be requesting permission to sell
several vehicles after the delivery of the new patrol vehicles including
the town business car. The cars being given to the town are in good
shape and will be newer model cars than those presently in service.
As always, I am eager to address any questions or concerns that
you may have. Feel free to contact me at anytime.
Chief Nunley
asked for the Council’s blessing in selling the old cars,
once the new ones are here.
Also, there is a problem in Town with bears getting into trash containers
and making a mess, so there has been contact with Virginia Department
of Game and Inland Fisheries, and a meeting is being scheduled with
their bear biologist for the public, at Town Hall, to be posted
in the near future.
Chief Nunley reported the department being approved (today) for
Federal Recovery Act money equaling $4,645; and BLOCK money through
the BYRN Memorial Grant awarded in the amount of over $1,500.
The P.D. has been granted their First Responders License.
Beginning July 1, the P.D. will participate in the “Click
it or Ticket” program, which will pay Officers overtime money
out of grant funding.
The Council
thanked the Neighborhood Watch volunteers for their time and effort
in getting the Town flowers planted.
Mr. Greene
suggested the Chief contact the Little League and ask them not to
host ball games during Trail Days next year, due to the parking
problems which resulted this year.
Special
Committees: Nothing to report at this time.
Citizens Comments
Eleanor Grasselli complained that, during Trail Days, someone near
the Youth Center put up a stand and supplied free food, which took
away from the Youth Center’s fundraising efforts (food sales).
She asked that the Town stop this occurrence before it starts next
year.
Mr. Blevins stated that various organizations have provided food
give-aways in the past, and the Town set the rule a couple of years
ago that no food could be given away after Friday. This was done
because the Town charges the vendors to come and set up to sell
food, so those vendors need to be able to profit.
Mr. Hayes stated that when this happens under private businesses,
the Town doesn’t have a lot of control; but these issues do
need to be addressed at the upcoming post-Trail Days meeting.
Mariana
Farmer stated that for two years there have been problems with campers
relieving themselves in open view when tent camping on the McGlamery
property, which is across the street from a trailer park which houses
quite a few people, including children.
Mr. Blevins stated that there is a rule that if people allow camping
on their premises, they must provide restroom facilities.
Mariana
Farmer also asked that the Veterans Memorial be put on the Council
meeting agenda each month for a report.
On behalf of the Veterans Memorial of Damascus, Mariana Farmer reported
that bids are coming in for the construction materials needed; the
schematics are laid out; donations from suppliers are being sought
out; utility lines have been marked, and the digging will soon start.
A new quote has been given for the granite of $38,000 (this also
includes the first 100 names of veterans), and the committee is
still working on trying to get an even better price.
The Veterans Memorial of Damascus has been awarded their 501-C3
tax exempt status, and now donators may write off those donations
on their taxes.
Mr. Cartwright
suggested moving forward with allowing people to purchase names
to be put on the wall.
Mrs. Farmer replied that since the 501-C3 has been established,
the committee can look at getting that fundraising campaign started
and the applications out.
Manager’s
Report
Mr. Sizemore submitted this monthly report:
OLD BUSINESS
Comprehensive Bicycle and Pedestrian Plan
The Planning Commission changes have been submitted to the consultant.
Washington
County Recreation Park
The County is waiting for a response from the Corps of Engineers
to separate the drainage issues on the two properties before they
sign a contract with the consultant for the wetland study.
Bayer Property
Access Road
Once the wetland study is complete the Town will know how to proceed
with the access road.
The Crooked
Road
Keith Holland with the crooked road has made a request for $500
for the Crooked Road. His correspondence with me is attached.
NEW
BUSINESS
Police Cars Grant
The Rural Development police cars grant has been funded and the
attached resolution needs to be signed in order to proceed with
meeting the letter of conditions.
2009 Paving
The Paving bids were received on Friday and the bid approval can
now be made.
Mr. Sizemore
also submitted this Code of Conduct concerning the vehicle grant:
·
Mr. Blevins made a motion to agree to the above provided Code of
Conduct, 2nd by Mr. Cartwright (6-0).
Mr. Sizemore
submitted the following Resolution for approval:
·
Mr. Blevins made a motion to adopt the resolution, 2nd by Mr. Greer
(6-0).
Attorney
Report
Mr. Dene reported these topics for discussion in closed session:
I. Town
Of Damascus v. Ralph J. Smith, per VA Code Section 2.2-3371(A)(7).
II. Consultation
with legal council per VA code section 2.2-3371(A)(7), regarding:
a. Litigation
Costs.
b. Possible Pension Obligations.
c. Contract(s) with Uniform Provider(s).
d. Tax/User Fee Dispensation for properties located partially within
the corporate limits, and partially in Washington County (outside
corporate limits).
e. Temporary Closure of Public Streets for Events.
Old
Business
Mr. Cartwright reported that six months ago, the library specs were
submitted to VDOT, then they downsized their employee base so the
project has been put on hold.
New
Business
Mr. Hayes has received quotes from our current provider Ferrell
Gas Co. ($1.59/gallon), and Marsh Gas Co. ($1.49/gallon); and suggested
accepting the proposal from Marsh, when we need to refill the heating
gas for the Fire Department.
·
Mr. Cartwright made a motion to accept the proposal from Marsh Gas
Co., 2nd by Mr. Upchurch (6-0).
Mr. Blevins
commented that People Inc. is looking to renovate the Rock School
apartments, and doing so may change the status from subsidized to
non-subsidized. When the property was given to them by the Town,
it was done so to accommodate candidates for subsidized housing.
Mr. Blevins asked if this agreement is broken, will the Town need
to tax this property, or what provisions will need to be made.
Thomas Dene stated that he will check on this issue.
Mr. Hayes
wanted to again thank all of the Town employees and volunteers who
helped with the Trail Days events.
Consent Agenda
· Mr. Cartwright made a motion to pay the bills; 2nd by Mr.
Hayes (6-0).
·
Mr. Blevins made a motion for closed session, 2nd by Mr. Greer (6-0).
CLOSED
SESSION MINUTES
6-1-09
· A motion to go out of closed session was made by Mr. Cartwright,
2nd by Mr. Greer (6-0).
·
A motion to certify was made by Mr. Blevins, 2nd by Mr. Upchurch
(6-0).
·
A motion to release funds to the Creeper Trail club made by Mr.
Blevins, 2nd by Mr. Greer (6-0).
·
A motion to pay attorneys fees was made by Mr. Cartwright, 2nd by
Mr. Greene (6-0).
·
A motion to adjourn was made by Mr. Upchurch and 2nd by Mr. Cartwright
(6-0).
_____________________________
______________________________
Creed
Jones, Mayor Tuesday Pope, Clerk
