DAMASCUS
TOWN COUNCIL
Minutes for July 6, 2009
Council
Members Present: Lannis Greene, Johnny Blevins, Jim Cartwright,
Mitchel Greer, and Kenneth Upchurch
Creed
Jones, Mayor
Tuesday
Pope, Clerk
Thomas
Dene, Town Attorney
Aaron
Sizemore, Town Manager
Mayor
Jones called the meeting to order, and led the Pledge of Allegiance.
Mr.
Upchurch led the prayer.
* Mr. Cartwright made a motion to approve the June 1, 2009 minutes;
as well as the June 15, 2009 Public Hearing/Special Called minutes
as written, 2nd by Mr. Upchurch (5-0).
Committee
Reports
Budget,
Finance and Administration:
Mr.
Greene had nothing new to report at this time.
The
Town Treasurer, Bill Pafford submitted the following report:
Our insurance program has renewed with VML Insurance Programs. Implementation
of the Risk Manager Program adopted by the council has resulted
in a savings of $1,168 on our premiums. In addition, corrections
to areas of our insurance program that were out of date and/or incorrect
resulted in additional savings of approximately $5,000.
Meals and lodging taxes for the year 2008-2009 will come in somewhere
between 5-10% less that last year, meaning $6,000-$10,000 less in
revenue for the town. Final numbers will not be available until
the end of July.
Business License revenue, however, is up 6%, meaning approximately
$4,000 additional revenue for the town.
Streets,
Lights and Maintenance:
Mr.
Greer reported that the Maintenance Department is still working
on repainting the street lines, along with other various work projects
around Town. A new leaf vacuum has been purchased for the Maintenance
Dept. to use this fall.
Mayor
Jones mentioned that a suggestion was made by the Maintenance Dept.
Supervisor, Joe Fritts, to consider re-topping the existing picnic
tables in the park with vinyl, instead of purchasing new picnic
tables.
The
Council agreed with Mr. Fritts suggestion for cost savings.
Mr.
Greer reported that during the Independence Day events in the Town
Park, someone put a firecracker in one of the commodes and busted
it. Now a decision has to be made either to replace the broken toilet
with another one like it, or to move forward with previous plans
made for installing quick-flush commodes in all of the bathrooms
in the park.
* Mr. Blevins made a motion to install new quick-flush commodes
in the Town Park restrooms, 2nd by Mr. Greer (5-0).
Mayor
Jones commended the Maintenance crew for all the hard work they
did to ready the Town for the Independence Day celebration on July
third.
Sewer,
Water and Sanitation:
Mr.
Upchurch reported that the Sewer Dept. is still looking into the
best options for constructing another sludge drying bed.
Parks
and Recreation:
Mr.
Blevins commented that the Town’s Independence Day celebration
was a great success with around five thousand people coming out
to enjoy the entertainment, food, and fireworks. (Next year, port-o-johns
need to be brought in to accommodate the crowd.)
Mr.
Blevins wanted to specifically thank the Maintenance crew, as well
as Chief Nunley and his Officers, for their hard work, presence
and support during the event.
Aside
from the damaged commode, there were no incidents reported.
Mr.
Blevins also reported the Town Pool’s liner is busted all
the way through, and can’t be repaired without draining the
pool, so it will need to wait until the season is over. The major
water leak, which was previously reported, was under the kiddie
pool, so it has been shut down indefinitely. A suggestion was made
to look at completely removing the kiddie pool in the future, due
to ongoing problems with it. Also, there is a great need for a pool
vacuum, and three bids have already been gathered.
* Mr. Blevins made a motion to allow the purchase a new pool vacuum,
up to $2100; 2nd by Mr. Cartwright (5-0).
Planning
Commission:
Mr.
Cartwright stated that he hopes to have the final approved draft
of the Bicycle/Pedestrian Plan to present to the Council at next
month’s meeting.
Police:
Chief
Nunley submitted to the Council a detailed monthly report as follows:
The Damascus Police Department is pleased to report that with the
close of the 2008 through 2009 budget. The Police Department completed
the year under budget while making significant accomplishments during
the year.
The new pedestrian crosswalk signs are in and have been placed in
operation. Numerous comments have been made by the public on how
they like the signs and feel they are making a difference in the
speed of vehicles and safety at crosswalks.
All Damascus Police Officers attended Meth Lab training at the Southwest
Criminal Justice Training Academy in Bristol on June 30th, 2009
due to the large amount of Meth and Methamphetamine Laboratories
that have been located in town within the last month. The training
was very helpful in all aspects of criminal, civil and safety issues.
The Explorer program is running well. Our Explorers have a large
camping trip scheduled for July 25th and 26th in Hillsville Virginia.
During this event we will be fishing and conducting Law enforcement
training preparing the Explorers for competition. Several officers
and Explorer Guides will be attending with them.
Neighborhood Watch program is going well. During the next meeting
the group will be covering gun safety and home protection. Feel
free to join us on the last Thursday of the month at Town Hall at
7:00 PM. All of the plants in town that were planted by the Neighborhood
Watch seem to be doing well. We are receiving many compliments in
reference to them.
On July 20th, 2009 our two new officers will start the academy.
Schedules for the police department at this time will start to differ
due to lack of man power. There will not be 24 hour coverage but
most hours will be covered by the remaining three officers. Feel
free to contact me if you have any questions in reference to the
new schedule that will last until mid November.
The Police Department has started working the DMV Grant saturation
patrols and check points. During the weekend of the fourth of July,
five patrol units were out with eight Auxiliary officers conducting
road checks and heavy foot patrols. We are happy to report that
out of 1,250 vehicles checked, only sixteen citations were issued.
Statistics show this number is tremendously low compared to past
years. Total amount of overtime allowed on this grant is forty one
hours per officer for a combined total of $5,125 dollars being received.
The Town is reimbursed by the state and this process should take
no longer that four months.
The July 3rd special event in the park with fireworks was conducted
without any problems. No arrests or citations were issued but one
report of vandalism was made due to someone vandalizing the town
bathroom with fireworks. A great crowd was on hand with several
vendors and live music. The Police Department has received nothing
but good comments from the public on the fireworks the Town provided.
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
Nothing
to report at this time.
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.
Police
Cars Grant
The
stimulus money used to pay for this grant specifies that the cars
must be assembled in America. There are currently no police cruisers
assembled in America so Rural Development is awaiting response to
resolve this issue.
(Thomas
Dene suggested contacting Virginia State Representatives about this
stipulation.)
2009
Paving
The
paving contract is prepared and ready to be signed.
(Mr.
Sizemore provided the contract, and asked for a motion to approve
it.)
* Mr. Cartwright made a motion to approve the provided construction
agreement between the Town of Damascus and Billy Stout Construction,
for a total paving cost of $29,193.86; 2nd by Mr. Green (5-0).
Beaverdam
Creek Trail
VDOT
has sent a contract for the final funding of this project.
NEW
BUSINESS
Planning
Commission
The
planning commission has recommended increasing each zoning fee $25.
This will include conditional use permits, variance requests, and
rezoning requests.
(The
current rates, which have never been raised, are as follows: conditional
use permits $25; variance requests $50; and rezoning requests $75.)
* Mr. Cartwright made a motion to increase each of the three zoning
fees by $25 each, 2nd by Mr. Blevins (5-0).
Thomas Dene stated that the Town should have a public hearing concerning
the increase on Aug. 3rd, during the Regular Council Meeting.
Mr.
Blevins added that the Washington County Service Authority is looking
to raise the rates for installing water taps (per new construction)
to $5000 each, and suggested that residents contact Board of Supervisors
with protests of the rates being raised at that level.
Attorney
Report
Mr.
Dene reported these topics for discussion in closed session:
1. Consultation with legal council regarding administration of legal
questions that may arise during the ordinary administration of the
zoning ordinance, per VA Code Section 2.2-3371(A)(7).
2. Consultation with legal council regarding possible obligations
to the Crooked Road, per VA code section 2.2-3371(A)(7).
3. Consultation with legal council regarding G&K Services claim,
per VA code section 2.2-3371(A)(7).
Old
Business
Veterans
Memorial of Damascus: Mariana Farmer commended the Maintenance Dept.,
and the Police Dept. for their hard work and efforts preparing for,
and during the Independence Day festivities. The Discover Damascus
group had set up a booth giving away watermelon and cantaloupe,
which resulted in approximately $200 being donated to the Memorial
fund.
Mrs.
Farmer reported on the Veterans Memorial project. Negotiations are
still underway for the memorial granite, and electrical materials
(labor for electrical work will be donated); all of the flags, and
ninety percent of the needed hardware, have already been obtained.
Soon there will be a press release in the local newspaper(s) informing
the public of the opportunity to purchase names for engraving on
the Memorial Wall (these Veterans may be either living or deceased).
Sissy Kammer has volunteered to write letters to local Veterans
informing them of the opportunity to get their names engraved on
the Wall.
New
Business
Nothing
to report at this time.
Consent
Agenda
* Mr. Cartwright made a motion to pay the bills, and to go into
closed session; 2nd by Mr. Greer (5-0).
Thomas
Dene added another topic for discussion during closed session:
4. Consultation with legal council regarding filling a vacancy for
an unexpired term on the Damascus Town Council, per VA code section
2.2-3371(A)(7).
* Mr. Greene made a motion to include all four topics for discussion
in closed session, 2nd by Mr. Blevins (5-0).
CLOSED
SESSION MINUTES
7-6-09
* A motion to go out of closed session was made by Mr. Upchurch,
2nd by Mr. Blevins (5-0).
* A motion to certify was made by Mr. Greer, 2nd by Mr. Upchurch
(5-0).
Mr.
Blevins submitted his resignation to be effective July 7, 2009.
* A motion to regretfully accept Mr. Blevins’ resignation
was made by Mr. Cartwright, 2nd by Mr. Greer (5-0).
* A motion to call a special meeting of the town council, to fill
Mr. Blevins position on July 21 at 6:00, was made by Mr. Cartwright,
2nd by Mr. Greer (5-0).
* A motion to make a $500 contribution to the Crooked Road was made
by Mr. Green, 2nd by Mr. Greer (5-0).
* A motion to adjourn was made by Mr. Upchurch and 2nd by Mr. Cartwright
(5-0).
DAMASCUS
TOWN COUNCIL
Minutes for August 3, 2009
Council
Members Present: Jim Cartwright, Mitchel Greer, Ken Upchurch, Tom
Hayes, and Tony Bebber
Creed Jones,
Mayor
Tuesday
Pope, Clerk
Thomas Dene,
Town Attorney
Aaron Sizemore,
Town Manager
Mayor Jones
called the meeting to order, and led the Pledge of Allegiance, and
the prayer.
* Mr. Cartwright
made a motion to approve the July 6, 2009 minutes; as well as the
July 21, 2009 Special Called minutes as written, 2nd by Mr. Greer
(3-2-0 Mr. Hayes and Mr. Bebber abstaining).
The Mayor
and Council expressed their pride in the Damascus Senior League
Softball Team for achieving the status of 2009 Southeastern Regional
Champions, as well as achieving a spot in the World Series playoffs
in Delaware, during the week of August 9th thru 15th.
Richard
Smith, representing the Virginia Creeper Trail Advisory Board, asked
the Council to submit, in writing, their plan of action concerning
right-of-way intrusions on the Creeper Trail.
Mr. Smith
advised the Council that the Creeper Trail Club and volunteers have
started resurfacing the trail, and will be in that process for the
next few months. More volunteers are needed.
Mr. Smith
officially turned Damascus Dog Day over to the Town, stepping down
as the organizer of that event.
Mr. Smith
also asked the Council to consider hiring a part-time events organizer
to oversee all volunteer events (as well as rewarding volunteers
thru recognition), tourism objectives, and promotion of Damascus
events and businesses.
Committee
Reports
Budget,
Finance and Administration:
Nothing
to report at this time.
Streets,
Lights and Maintenance:
Mr. Greer
reported that the Maintenance Department has been working on damages
done to the pool restroom due to a major leak in a water line. They
have also set up the new benches, table, and handicap swing in the
Town Park. The three main paving projects needed within the Town
have also been completed.
Sewer, Water
and Sanitation:
Mr. Upchurch
reported that the DCLS and DEQ have provided that all plant operators
must be retrained by Sept. 29, 2009 for labs to be accredited.
Parks
and Recreation:
Mayor Jones
appointed Tom Hayes as the Chair of the Parks and Rec. committee
for the remainder of the unfulfilled term, and asked Mr. Bebber
to assist. Mr. Bebber accepted the invitation to help in that department.
Planning
Commission:
Police:
Chief Nunley
submitted to the Council a detailed monthly report as follows:
The Damascus
Police Department has had another busy agenda for the month of July.
The Town has had a large number of visitors due to the weather and
time of year. Several officers have received additional training
in different fields, including two officers receiving the “Taser
Instructor” certification.
The Police
Department Explorer Program just completed a weekend camping trip
in Hillsville Virginia. All involved had a great time camping, fishing,
water parks and class room time learning about law enforcement.
The Neighborhood watch program is running well. Last meeting on
Thursday night, a class was provided on gun safety and the protection
of your home.
A complaint
has been brought to the police department by several citizens about
small kids and teenagers jumping from a rock wall into the river
directly behind the Masonic lodge located on Imboden Street. Signs
prohibiting this need to be placed in the area before one of the
kids are injured or a drowning occurs.
Attached
you will see a monthly report as well as a report covering charges
placed from January 1st to July 31st. This will give the council
an idea of charges being placed by officers in town limits. Upon
speaking with the Department of Emergency Medical Services, our
First Responder inspection should be scheduled in the very near
future.
Two Ford
Explorers 2010 models, being purchased under a grant, have been
ordered and should be placed into duty during the month of September
or October.
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 submitted the following vehicle bids to the Council:
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may not support display of this image.
The Council
decided to look at the bids more closely during closed session.
Special
Committees:
Town pool
manager, Dana Lethcoe, advised that the pool has leaked again, and
(hopefully) is repaired again, but the liner has many holes and
is in very poor condition.
Citizens
Comments
Nancy Hand
advised the Council of a severe trash problem on Spurline St., and
asked that it be dealt with as a public nuisance and/or health hazard.
Shirley
Brand expressed her pride in the girl’s senior league softball
team, and would like to see a big celebration be held in their honor
when they return from the World Series.
John McGlamery
would like to see the Town show it’s support and recognition
to Columbus McKinnon (as well as the Washington County Board of
Supervisors) for announcing that they will be keeping the Damascus
business location open, as well as creating some job openings.
Mr. McGlamery
also reported concerns for young people swimming in the river where
the rapids can be dangerous.
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 wetland
study is underway.
Bayer Property
Access Road
Once the
wetland study is complete the Town will know how to proceed with
the access road.
Police Cars
Grant
Bids were
taken for Ford Explorers because they meet the guidelines for the
stimulus money. A bid summary will be provided at he council meeting.
2009 Paving
The Paving
is complete.
NEW
BUSINESS
Public Nuisance
Letters
(The Council
opted to discuss this matter further during closed session.)
Attorney
Report
Mr. Dene
provided a memo, sent by People Inc., which informed the Town of
the intent to sell the Rock School property to Riverside Place Apartments
L.L.C., for $910,000. Mr. Dene advised that the Council that in
order to exercise the right of first refusal, a written letter can
be sent to People Inc. stating the Town’s decline to purchase
the property; or simply do nothing and the right of first refusal
will lapse after 30 days.
* Mr. Greer
made a motion to decline the purchase, 2nd by Mr. Cartwright (5-0).
Mr. Dene
reported these topics for discussion in closed session:
1. Consultation
with legal council regarding the Johnson zoning permit and possible
institution of legal proceedings to resolve any ownership issues,
per VA Code Section 2.2-3711(A)(7).
2. Consultation
with legal council regarding possible license and tax increases
and the incursion of additional indebtedness by the Town, per VA
code section 2.2-3711(A)(7).
3. Consultation
with legal council regarding the Town’s rights and remedies
concerning defective liner at the pool, per VA code section 2.2-3711(A)(7).
4. Consultation
with legal council regarding the enforcement of the nuisance ordinance
on properties on Spurline St., and E. Fifth St., per VA code section
2.2-3711(A)(7).
5. Consultation
with legal council regarding possible encroachments on the Virginia
Creeper Trail, per VA code section 2.2-3711(A)(7).
Old Business
Nothing
to report at this time.
New Business
Nothing
to report at this time.
Consent
Agenda
* Mr. Cartwright
made a motion to pay the bills, 2nd by Mr. Greer (5-0).
* Mr. Hayes
made a motion for closed session, 2nd by Mr. Cartwright (5-0).
CLOSED
SESSION MINUTES
8-3-09
* A motion
to go out of closed session was made by Mr. Cartwright, 2nd by Mr.
Greer (5-0).
* A motion
to certify was made by Mr. Cartwright, 2nd by Mr. Upchurch. (5-0).
* A motion
was made to approve the police cars bid summary and to accept the
Sheehy bid of $51,697.50 by Mr. Cartwright, 2nd by Mr. Greer (5-0).
* A motion
to adjourn was made by Mr. Upchurch and 2nd by Mr. Hayes (5-0).
DAMASCUS
TOWN COUNCIL
MINUTES
FOR SEPTEMBER 1, 2009
Council
Members Present: Jim Cartwright, Mitchel Greer, Ken Upchurch,
Tom Hayes, and Lannis Greene
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 August 3, 2009 minutes;
as well as the August 17, 2009 Special Called minutes, as written;
2nd by Mr. Hayes (4-1-0 Mr. Greene abstaining).
Committee
Reports
Budget,
Finance and Administration:
Mr.
Greene had nothing to report at this time.
Mayor
Jones brought the Councils’ attention to two memos submitted
by Town Treasurer, Bill Pafford. The first memo provided information
on outsourcing the Town’s tax billing process, which actually
costs less than what the Town has spent in previous years.
* Mr. Cartwright made a motion to approve the outsourcing bid
proposal from M&W Printers for the preparation and transmission
of 2009 tax tickets, 2nd by Mr. Greene (5-0).
A
second memo from Mr. Pafford detailed the option of semi-annual
real estate tax payments, instead of the current annual installments.
The Town of Abingdon, as well as Washington County and other municipalities,
are also implementing this method.
Mr.
Dene suggested tabling this matter until some concerns can be
investigated further.
Streets,
Lights and Maintenance:
Mr.
Greer had no major developments to report concerning the Maintenance
Dept., except the John Deere tractor is in need of a part which
will cost around $300.
Mr.
Greene asked if the Maintenance Department could spray weed-killer
in the mulch at the playground; and reminded the Council that
more mulch is still needed.
Sewer,
Water and Sanitation:
Mr.
Upchurch reported the Sewer Plant has been running fairly well,
and due to health reasons, Joe Alexander will soon be resigning
as the wastewater treatment plant supervisor. He also reported
that no one currently working at the facility is qualified to
replace Mr. Alexander as the superintendant.
Mr.
Hayes suggested advertising for that position before it becomes
vacant. A short discussion followed.
Mr.
Sizemore agreed to get an ad written up, and placed in the local
newspaper.
Parks
and Recreation:
Mr.
Hayes reported that the Town pool is being drained gradually,
and then a specialist can come and evaluate the leakage problem.
Mr.
Hayes had a request from the American Cancer Society to waive
the gazebo fee for the Sept. 26th bluegrass concert they have
planned.
* Mr. Upchurch made a motion to waive the gazebo fee for the American
Cancer Society’s upcoming event, 2nd by Mr. Greene (5-0).
Mr.
Hayes also presented a request from Holston High’s athletic
boosters for the annual $100 contribution for sign placement on
the field house.
* Mr. Hayes made a motion to pay the requested $100 contribution.
2nd by Mr. Upchurch (4-1 Mr. Cartwright opposed).
Planning
Commission:
Mr.
Cartwright and Aaron Sizemore provided each Council member with
a copy of the bicycle and pedestrian plan draft, for review.
Police:
Chief
Nunley submitted to the Council a detailed monthly report as follows:
The Police Department has had another busy month. The department
has completed the street light outage report. All street lights
that are out have been reported to the power company and are scheduled
to be replaced in the very near future.
The department has received its first responder license. This
makes Damascus the only department in southwest Virginia to have
this certification, as well as this being a very valuable asset
to the citizens of Damascus. We had an unexpected test when officer
Shumate was on his way home and noticed an overturned vehicle
in a creek. Stopping to offer assistance he discovered and rescued
an individual trapped in the fully submerged car. Incredibly,
the individual was in fact Chris’ seventeen year old son.
Both Chris and his son were transported by ambulance to the hospital
where both were released shortly there after.
Our efforts to reduce speeding in town, and increase citizen safety,
are now paying dividends. Citizen feedback on the new crosswalk
signs is continuing to be positive. Judicious use of radar and
more effective patrolling has resulted in reduced speed, while
fines have fallen from $19,283 in 2006-2007 and $16,412 in 2007-2008
to now $13,552 for 2008-2009.
The new patrol vehicles purchased through a Rural Development
Grant have been ordered and should arrive no later than mid October.
Other Grant awarded are the Virginia Department of Highway Safety
Grant for a total of $12,629 and a block Grant from D.C.J.S. for
a total of $1,403 received at the beginning of the month. Monies
expended for overtime under the Department of Highway Safety Grant
have been submitted and scheduled for reimbursement in the near
future.
While five parking tickets were issued this month, consistent
with our average, one resulted in a letter to the editor that
was published in the Bristol Herald Courier. This ticket, along
with another issued in the same area, were the results of complaints
made by citizens of Damascus and local businesses regarding illegal
parking problems along Reynolds Street. My response to the letter
has been published with all feed back thus far being positive
and supportive.
The Police Department continues to operate under budget. A comparison
with previous years shows we are seeing dividends in reduced costs.
Salaries are the lowest in the last three fiscal years from $175,862
and $177,106 to now being $138,574 for last year. As a benefit
to the take home car program, our average monthly gasoline expense
is $981.00 compared to $1,398.00 in 2007 and 2008. Automobile
maintenance has stayed relatively even in spite of our aging patrol
vehicles. A letter has been submitted to the county for request
of surplus vehicles. If granted these vehicles will replace the
older vehicles with high mileage and maintenance problems. The
county board of supervisors should discuss these vehicles and
make a decision within the next two months.
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 a busy schedule for the Damascus Explorers
Post 400. Fund raisers include a yard sale, car wash, and tee
shirt sales; as well as an upcoming car and motorcycle show, and
chili cook-off scheduled to take place in the Town Park on October
third. All are invited to join.
Mr.
Hayes suggested the Town adopt a policy prohibiting the use of
the Fire Department for private parties and personal functions.
The Council agreed that the Town’s facility should be used
for municipal purposes only; personal functions should be held
at the D.V.F.D. training center/bingo building, for a set fee.
Special
Committees:
The
Virginia Creeper Trail Club sent a letter to the Council asking
for advice on whether to re-establish a certain portion of the
trail to its former location (by removing turf from the old rail
bed), or continue allowing the use of a Daniel Boone St. to access
the trail.
* Mr. Greene made a motion to approve reestablishing the existing
trail at the location specified, 2nd by Mr. Cartwright (5-0).
Citizens
Comments
There
were none at this time.
Manager’s
Report
Mr.
Sizemore submitted this monthly report:
OLD BUSINESS
Comprehensive Bicycle and Pedestrian Plan
Please review the attached Bicycle/Pedestrian Plan I would like
to have it amended if necessary and adopted at the October council
Meeting.
Washington County Recreation Park
The County expects to bid the project in September and hope to
start construction this fall.
Police Cars Grant
The money has been approved, vehicles ordered, and the grant closing
requested. The vehicles will arrive around the end of October.
NEW BUISNESS
Public Nuisance Letters
There is a dilapidated vacant property, possibly on Cemetery Ridge
Rd., which has become a nuisance due to neglect. A street address
is not known at this time, but information is being gathered to
determine an exact address and property owner.
Mr.
Sizemore reported pursuing grant money for a study to be conducted
concerning the possibility of converting the fenced area of the
Bayer property, (if the Town acquires that property deed), into
a paved parking lot in the future.
Mr.
Sizemore also reported his findings on the water drainage problem
on Fritz and Ena St. The county is responsible for Fritz St.,
so they will need to fill that section in; and the Town is responsible
for Ena St., so the next time there is paving to be done in the
Town, it needs to be sloped so that the runoff doesn’t cause
such an issue.
Attorney
Report
Mr.
Dene reported several topics for discussion in open session.
I.
In previous times, the Town of Damascus has obtained grant monies
for housing rehabilitation. In taking on rehabilitation projects,
the Town received in return the deed of trust for that property,
in the amount of the grant monies applicable for each project.
Typically the mortgage is forgiven over a specified length of
time, and a certificate of satisfaction may be signed. Mr. Brad
Puckett has contacted Mr. Dene with a request to sell one of these
properties. Mr. Dene will be reviewing his housing rehab file,
and report back to the Council if action is necessary.
II.
A member of the Mock family has been contacted by Mr. Dene concerning
some property deeds in Damascus, which once belonged to the West
Damascus Land Company. Communications have begun in the process
of contacting other Mock family members, after which the land
ownership in question can be rectified.
III.
Mr. Dene advised that the Supreme Court of Virginia had vacated
the decision of the Circuit Court in the Ralph Smith litigation
and remanded the consolidated cases to the Circuit Court with
instructions. In accordance with a request from the Circuit Court,
Mr. Dene has prepared an order reflecting the Supreme Court's
instructions and forwarded it to Mr. Smith's attorney, for subsequent
submission to the Circuit Court. Mr. Smith's attorney had requested
a change in the order, which Mr. Dene declined. Mr. Dene stated
that if an agreement could not be reached, the matter would need
to be submitted to the Circuit Court.
Mr.
Dene reminded the Mayor and Council that this long dispute could
likely have been avoided but for an irregularity in the issuance
of Mr. Smith's permit in 2000. Specifically, Mr. Smith's permit
had been approved by a member of the Council, and not the superintendent.
To minimize the occurrence of further irregularities, and to strengthen
the enforcement of the sewer ordinances, Mr. Dene recommended
an ordinance to amend Sections 54-102(a) and 54-198 of the Code.
IV.
Mr. Dene proposed an ordinance to amend the Code of Damascus as
dealing with the issuance of sewer tap permits.
* Mr. Greene made a motion to approve the following amendments,
second by Mr. Cartwright (5-0).
TOWN
OF DAMASCUS AN ORDINANCE TO AMEND
§§
54-102(a) and 54-198 of the Code
of Damascus, Virginia, 2002, as amended
WHEREAS,
the Town of Damascus has experienced irregularities in the issuance
of permits to utilize the Town’s publicly owned sewer treatment
works; and
WHEREAS,
at least one such irregularity has resulted in lengthy and costly
litigation; and
WHEREAS,
the Town may have a new superintendent in the future; and
WHEREAS,
the Town Council desires to have a permit issuance regime which
promotes compliance with the Code of Damascus, Virginia, 2002,
as amended, and deters violations; and
NOW,
THEREFORE, be it hereby ORDAINED that
1).
Sec. 54-102(a) of the 2002 Code of Damascus is amended to provide
as follows:
(a) Required. No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or
appurtenance without first obtaining a written permit from the
superintendent, and satisfying such other requirements of this
Code of Damascus, Virginia, 2002, as amended, as may be applicable.
2).
Sec. 54-198 of the 2002 Code of Damascus is amended to provide
as follows:
The superintendent will evaluate the data furnished by the user
and may require additional information. Within 30 days of receipt
of a complete wastewater discharge permit application, the superintendent
will determine whether or not to issue a wastewater discharge
permit. The superintendent may deny any application for a wastewater
discharge permit. No wastewater discharge permit shall be issued
to any person (natural or otherwise) whose wastewater discharge
permit has previously been revoked except upon unanimous vote
of the Town Council and upon approval of the superintendent. No
wastewater discharge permit shall be issued to any person (natural
or otherwise) claiming by or through any person (natural or otherwise)
whose wastewater discharge permit has previously been revoked
except upon unanimous vote of the Town Council and upon approval
of the superintendent. The Town Council may deny any application
for a wastewater discharge permit submitted by any such person.
Any permit issued in variance or contravention of this section
shall be void ab initio.
This
ordinance shall become effective upon adoption.
The
vote on this motion was as follows:
Mr.
Greene Aye
Mr.
Hayes Aye
Mr.Upchurch
Aye
Mr.
Greer Aye
Mr.
Cartwright Aye
Mr. Dene reminded the Council that there will be a Special Called
Meeting on September 11, 2009 to meet with the sewer plant superintendant,
and asked the Council if they wished to add an additional topic
to that agenda. The Council had nothing more to add.
Old
Business
Nothing
to report at this time.
New
Business
Nothing
to report at this time.
Consent
Agenda
* Mr. Cartwright made a motion to pay the bills, 2nd by Mr. Hayes
(5-0).
* Mr. Cartwright made a motion to adjourn, 2nd by Mr. Upchurch
(5-0).
Creed
Jones, Mayor Tuesday Pope, Clerk
