Town Council Minutes
October / November / December 2009


DAMASCUS TOWN COUNCIL

MINUTES FOR OCTOBER 5, 2009

Council Members Present: Jim Cartwright, Mitchel Greer, Ken Upchurch, Tom Hayes, Tony Bebber, and Lannis Greene

Creed Jones, Mayor

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 September 1, 2009 minutes, as written; 2nd by Mr. Upchurch (5-0-1 Mr. Bebber abstaining).

* Mr. Cartwright made a motion to approve the September 8, 2009 minutes, as written; 2nd by Mr. Greer (5-0-1 Mr. Bebber abstaining).

* Mr. Hayes made a motion to approve the September 11, 2009 minutes, as written; 2nd by Mr. Upchurch (3-0-3 Mr. Bebber, Mr. Greene, and Mr. Cartwright abstaining).

Two representatives from Valley Health Care Center requested a supporting resolution for their planned expansion of a new facility in Washington County.

After discussion the following motion was made.

* Mr. Greene made a motion to pass a resolution to support the Valley Health care expansion, 2nd by Mr. Bebber (5-1 Mr. Cartwright opposed).

Committee Reports

Budget, Finance and Administration:

Mr. Greene reported that the final sign-off was given to the 2009 tax bills and they should be mailed out by October 7th. He also stated that we will need to start working toward bi-annual billing as previously discussed.

Mayor Jones brought the Councils’ attention that Barbra Reed would like to fix up the old Hand building in the Extract. Currently we have not been able to contact all the owners of the estate. No action was taken.

Streets, Lights and Maintenance:

Mr. Greer questioned if there was a budget for Halloween decorations.

* Motion made by Mr. Greer to put up the same decoration as last year, 2nd by Mr. Upchurch (6-0).

Mr. Greer reported that $250 in materials has been spent repairing the gazebo damage due to recent vandalism. He also reported that brush is being dumped on the Bayer Property, and will need to be cleaned up and blocked off before the next Trail Days festival. The Public Works department will soon begin picking up un-bagged leaves for Town residents.

Sewer, Water and Sanitation:

Mr. Upchurch presented Joe Alexander with a letter of appreciation for his 30 years of service as sewer plan operator.

Parks and Recreation:

Mr. Hayes reported that Stan Taylor will assess the leaking problem within the Town’s pool as soon as it is drained. Mr. Hayes is also working with the county on securing some funding for necessary repairs on the pool.

Planning Commission:

Mr. Cartwright asked for any suggested revisions or changes to the Bicycle and Pedestrian Plan; none were given.

* Mr. Cartwright made a motion to approve the Bicycle and Pedestrian Plan as written, 2nd by Mr. Greene (5-0-1 Mr. Bebber abstaining).


Police:

Chief Nunley submitted to the Council a detailed monthly report, attached:

The Police Department has had another busy month. The department has completed several community events this month including, Chilhowie Apple Festival Parade, Damascus Neighborhood Watch Family cook out, Damascus Police Department Explorer Car Show and Chili Cook off, Explorer meetings at Holston High School and the Police Department and the monthly Neighborhood Watch meeting.

Annual Firearms recertification has been completed at the Bristol shooting range on September 28th, 2009. All Full Time, Part Time and Auxiliary Damascus Officers have been recertified on duty weapons, patrol rifles and shot guns during this training event.

Three used Police cars have been received from the county on surplus. One 2004 Chevrolet Impala, One 2005 Chevrolet Impala and one 2002 Dodge Intrepid are now being prepared to be placed into service. Another County Surplus Vehicle has been requested and should know the answer by October 14th, 2009 from the County Board of Supervisors.

The two new Patrol Vehicles that have been purchased by grant will be ready for pick up this week in Richmond Virginia. The dealership will be contacting us in the next couple of days to arrange a date for pick up. The Damascus Police Department will have a total of six used cars for sale in November with hopes that the sale of these used cars will help the Town of Damascus.

The Damascus Police Department Officers competed in a Law Fit Challenge in Bluefield Virginia during the month of September, Bringing home 1st, and 3rd place trophies. Officers worked very hard to achieve there goal during this athletic event.

We have received $2,403.00 in local grants to purchase needed law enforcement equipment for the department. These checks have been deposited into the Town account until a purchase(s) is made. Wal-Mart also assisted the Police Department with a $1000.00 donation for purchases of equipment, such as digital cameras for each patrol unit needed for photographing evidence and accident scenes.

The department received a written resignation from Officer Robert E. Taylor this month, please see attached letter of resignation. Officer Taylor has not completed the Academy as of this date and still has six weeks of training left before graduation if allowed to stay in the Academy. This position now being vacant leaves the Town of Damascus with a 4 man department and as a reminder, The Damascus Police Department still continues to operate under budget.

Also please take notice to new signage on the front door to the Police Department. Now stating to use Town Hall entrance during normal business hours and the number to Central Dispatch in case of an emergency or if an officer is not in the office. This will help the public in contacting an officer if one is on patrol.

As always, I am eager to address any questions or concerns that you may have. Feel free to contact me at anytime.

Chief Nunley requested the six surplus police cars be put out for closed bidding.

* Mr. Hayes made a motion to advertise for sealed bids on the surplus police cars in the Sunday edition of the Bristol Herald Courier (to be opened December 7th), 2nd by Mr. Greer (6-0).

The Police Dept will be receiving trick-or-treaters on the evening of Halloween; as well as providing additional patrols in Town.

The new police cars will be picked up tomorrow, and the equipment from the old vehicles will be used to equip the new ones.

Special Committees:

Nothing to report at this time.

Citizens Comments

Richard Smith commented on a few items. First, the wireless internet antenna is up, and there is a signal in some areas close to it. Second, the Virginia Creeper Trail Club has been working on the resurfacing project which will improve the trail in various places; and any volunteers would be appreciated. Third, Mr. Smith requested that the playground in the Town Park be deemed a non-smoking/non-tobacco use area.

Chief Nunley mentioned that the park has become a common hangout after dark, and in some cases it has lead to vandalism on Town property. He would like to address the issue in the near future, but needs a specific ordinance to follow concerning loitering in the park.

Mr. Dene said he would investigate other codes and get back to the council.

Terry Kammer was concerned that if the youth are forced out of the park during certain hours, then they may have no other places to socialize.

Mr. Dene advised that we need to focus on prohibiting the exact conduct that we don’t wish to condone in the Park.

There was discussion of a rumor that an attempt had been made to force the resignation of the Police Chief, and/or other Police Officers. Several citizens showed their respect and gratitude for Chief Nunley, and the Police Dept. The Council assured everyone that no such action was being pursued against the Department. This topic was moved to closed session for further discussion.

Mr. Greer voiced a concern about people not cleaning up after animals in the Park.

Mr. Greene suggested putting up signs in the Park concerning pet waste.

Manager’s Report

Mr. Sizemore submitted his monthly report, attached:

OLD BUSINESS

Comprehensive Bicycle and Pedestrian Plan

I would like to have it amended if necessary and adopted.

Washington County Recreation Park

The County expects to bid the project on the Bayer property in September, and hope to start construction this fall.

Police Cars Grant

The grant has been closed and a request for funds will be made as soon as a Certificate of Origin is received.

NEW BUSINESS

Police Car Bids

Since the Police Department will be receiving two new cars from grant funding and three used cars from Washington County we will need to put the extra units out to bid. I will need to know when and where to advertise.


Bayer Property

AMEC environmental has looked at the 7 acre fenced-in site, and we are currently working on a grant application for a Brownfield EPA grant to do an environmental study.

Mr. Sizemore has requested a letter of comfort from DEQ, which would allow the town to accept the remaining 7 acres of the Bayer property.

Attorney Report

Mr. Dene is going to advertise a public hearing, during the November 2nd Council Meeting, regarding an ordinance to change from annual to bi-annual payments for tax collection.

Mr. Dene reported these topics for discussion in closed session:

1. Town of Damascus v. Ralph J. Smith, per VA Code Sec. 2.2-3711 (A) (7).

2. Consultation with legal council regarding amendments to the Creeper Trail ordinance, per VA Code Sec. 2.2-3711 (A) (7).

3. A candidate for employment in the sewer department, per VA Code Sec. 2.2-3711 (A) (1).

4. Consultation with legal council regarding legislative requests, per VA Code Sec. 2.2-3711 (A) (7).

5. Consultation with legal council regarding consultancy agreement with Joe Alexander, per VA Code Sec. 2.2-3711 (A) (7).

6. Resignation/Performance of Officer Robert E. Taylor and consideration of a candidate for employment with the police department, per VA Code Sec. 2.2-3711 (A) (1).

Old Business

Nothing to report at this time.

New Business

Mr. Sizemore advised that the Town has received a grant in the amount of $854, for litter prevention and recycling program activities. The Clerk asked for Council’s direction in applying these funds.

Council advised that the awarded litter grant be spent on the same type of items it has been used for previously.

Consent Agenda

* Mr. Cartwright made a motion to pay the bills, 2nd by Mr. Bebber (6-0).

* Mr. Cartwright made a motion to go into closed session, 2nd by Mr. Upchurch (6-0).

* Motion was made to come out of closed session by Mr. Green, 2nd by Mr. Cartwright (6-0).

* Motion was made to certify by Mr. Cartwright, 2nd by Mr. Green (6-0).

* Mr. Greene made a motion to hire William Carmichael, upon his completion of the police academy on November 16, with a one year probationary period, starting pay rate $11/hour; 2nd by Mr. Bebber (6-0).

* Motion to adjourn was made by Mr. Greene, 2nd by Mr. Bebber (6-0).

Creed Jones, Mayor Tuesday Pope, Clerk


DAMASCUS TOWN COUNCIL

MINUTES FOR NOVEMBER 2, 2009

Council Members Present: Jim Cartwright, Mitchel Greer, Tony Bebber, Ken Upchurch, Tom Hayes, and Lannis Greene

Creed Jones, Mayor

Tuesday Pope, Town Clerk

Thomas Dene, Town Attorney

Aaron Sizemore, Town Manager - absent

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

* Mr. Cartwright made a motion to approve the October 5, 2009 minutes, as written; 2nd by Mr. Hayes (6-0).

* Mr. Bebber made a motion to approve the October 13, 2009 minutes, as written; 2nd by Mr. Greer (6-0).

WINTERFEST- Marcia Horne, with the Siberian Husky Assist Rescue (S.H.A.R.), reported that the 2010 ‘Winterfest on the Virginia Creeper Trail’ events are scheduled for January 16th (reenactment of the Alaskan Serum Run), and the dogsled race will be on the 17th. A “Meet the Mushers” dinner will be that Saturday night, at Quincey’s restaurant. Mrs. Horne asked the Council if there would be a problem with the Rescue gaining sponsorship for the event from a beer company, which would consist of the company’s name/logo being printed on the banner(s), the Council had no objections.

Also, on November 21st there will be video taping in Damascus for a show called ‘Animal Rescue” that the S.H.A.R. is hosting for Heritage TV (a BVU cable station). The show will air on the first Monday in January to help promote the Winterfest events in Damascus on the Virginia Creeper Trail.

Bunny Medeiros introduced Tommy Pratt and Judith McBride who, along with herself, have an interest in furthering the litter prevention and recycling program for the Town. Ms. Medeiros reminded the Council that grant funding received last year was used to purchase temporary event recycling containers, and suggested using grant monies received this year to purchase permanent recycling containers for the Town Park, from Windsor Barrel Works (which range from $900-$1000 for a cluster bin).

* Mr. Cartwright made a motion for the Town Manager to evaluate the budget and grant monies awarded for the litter prevention and recycling program, and determine if it is feasible to go ahead and purchase a cluster recycling bin in the $900-$1000 range, 2nd by Mr. Bebber (6-0).

Committee Reports

Budget, Finance and Administration:

Mr. Greene reported that the tax tickets were mailed out in the middle of October, and collection is underway at 17% of real estate and 15% of personal property taxes already paid.

* Mr. Greene made a motion to extend the deadline for due taxes to Monday, January 18, 2010; 2nd by Mr. Bebber (6-0).

Mr. Greene reported two items for closed session, and advised that a decision on a bi-annual real estate tax schedule needs to be made at the next Council meeting.

Streets, Lights and Maintenance:

Mr. Greer advised that the bath-house on Imboden St. needs to be winterized and closed for the winter as soon as the last scheduled Boy Scout troops have finished camping.

The Maintenance crew has been picking up leaves with the leaf vacuum, and asks that people not rake up rocks, limbs, ect…along with the leaves.

Mr. Greer checked with Steve Buston, with VDOT, to see if there are any available monies for sidewalk repairs, and found none currently obtainable. He will also be speaking with Greg Hayes, with VDOT, later in the week to discuss the possibility of replacing or painting rusty guardrails.

There are still a few holes in the roads that need to be patched, and will be taken care of soon.

Pertaining to the Town Park, concerns were previously mentioned about tobacco use and pet waste in the playground area, and need to be addressed.

* Mr. Bebber made a motion to post signs in the playground identifying it as a tobacco-free and pet-free area, 2nd by Mr. Cartwright (6-0).

Mr. Greer asked about the status of obtaining more mulch for the playground, which has already been agreed upon by the Council. Mr. Hayes stated that quotes need to be obtained before a purchase can be made. Mr. Greene asked that the Town Manager research the market for the type of mulch needed, and report back to Council.

Sewer, Water and Sanitation:

Mr. Upchurch reported the Sewer Department is in the process of removing the underground fuel tank.

Mr. Upchurch asked Joe Alexander to approach and be available to answer questions concerning his recommendation for new hire. A short discussion followed.

* Mr. Upchurch made a motion to hire Joseph Welborn on a temporary, part-time basis at the Wastewater Treatment Plant, 2nd by Mr. Greene (6-0).

Mayor Jones reported that a settlement agreement has been made concerning the Town of Damascus v. Ralph J. Smith case. This agreement was fulfilled on October 16, 2009, when Mr. Smith paid the required $25k to have his sewer permit reinstated.

* Mr. Cartwright made a motion to accept the proposed settlement agreement between the Town of Damascus and Ralph J. Smith, 2nd by Mr. Greer (6-0).

Parks and Recreation:

Mr. Hayes said that he would probably start the 2010 Trail Days committee meetings soon, specific meeting time and date to be announced.

The maintenance crew is working to get the Town Pool winterized.

Mayor Jones introduced a proposed ordinance to amend a section of the Code. This amendment will prohibit the discharge of a firearm upon the Virginia Creeper Trail.

* Mr. Greene made a motion to adopt the proposed amendment to section 50-182(B) of the 2002 Code of Damascus, Virginia; 2nd by Mr. Cartwright (6-0).

Planning Commission:

Nothing to report at this time.

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 several community events this month including the Chilhowie Apple Festival Parade, Damascus Neighborhood Watch family cook out, Damascus Police Department Explorer car show and chili cook-off, Explorer meetings at Holston High School and the Police Department, and the monthly Neighborhood Watch meeting.

Annual Firearms recertification has been completed at the Bristol shooting range on September 28th, 2009. All Full Time, Part Time and Auxiliary Damascus Officers have been recertified on duty weapons, patrol rifles and shot guns during this training event.

Three used Police cars have been received from the county on surplus including: a 2004 Chevrolet Impala, a 2005 Chevrolet Impala, and a 2002 Dodge Intrepid, all of which are now being prepared to be placed into service. Another County surplus vehicle has been requested and we should have an answer by October 14th, 2009 from the County Board of Supervisors.

The two new patrol vehicles that have been purchased with grant monies will be ready for pick up this week in Richmond, Virginia. The dealership will be contacting us in the next couple of days to arrange a date for pick up. The Damascus Police Department will have a total of six used cars for sale in November, with hopes that the sale of these used cars will benefit the Town of Damascus.

Damascus Police Department Officers competed in a ‘Law Fit Challenge’ in Bluefield Virginia, during the month of September, bringing home 1st and 3rd place trophies. Officers worked very hard to achieve their goal during this athletic event.

We have received $2,403 in local grants to purchase needed law enforcement equipment for the department. These checks have been deposited into the Town account until a purchase is made. Wal-Mart also assisted the Police Department with a $1000 donation, which is intended to provide our department with a digital camera for each patrol unit, to be used for photographing evidence and accident scenes.

The department received a written resignation from Officer Robert E. Taylor this month, please see attached letter of resignation. Officer Taylor has not completed the Academy as of this date and still has six weeks of training left before graduation, if allowed to stay in the Academy. This position now being vacant leaves the Town of Damascus with a 4 man department. Also, the Damascus Police Department still continues to operate under budget.

Please take notice of the new signage on the front door of the Police Department. Information is now posted on the door to inform people to use the Town Hall entrance during normal business hours; as well as the phone number to Central Dispatch in case of an emergency, or if an officer is not in the office. This will help the public in contacting an officer as quickly as possible.

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

Special Committees:

Marianna Farmer, representing the Veterans Memorial of Damascus, reported on the fundraising efforts, and work dork done on the project, such as: $1,051 raised during the annual car show at Food City on Sept. 19th; another $100 donated since then; purchasing of the hardware and gravel; donated materials such as conduit, electrical bow, wire, and labor for wiring. Don Hash has a sample of the granite and engraving for display. The granite and engraving of the first 100 names will cost $29,500, and the Memorial fund has a balance of around $19,000, so more fundraising will be necessary. There are applications available on the Town website, and in various places around Town, for those who wish to have the names of loved ones engraved on the Memorial. Instead of charging for each name, there will be the option of donating $10 (or more) for those who wish to do so. Hopefully around July 4, 2010 the granite can be delivered. All donations should made by check, to the “Veterans Memorial of Damascus”, and given to one of the trustees (Don Hash, Robert Gray, and Jeremiah Heaton); or directly deposited into that account at the Bank of Damascus.

Citizens Comments

Terry Kammer asked if there had been any restitution for vandalism previously done in the Park by juveniles.

Chief Nunley responded that the case is on the docket, and should go to court within the next month.

Mr. Kammer reported seeing a government surplus website that the Town may benefit from in the future; and suggested the possibility of making recycling bins out of 55gal. drums, which would be much cheaper than the advertised cluster bins.

Eleanor Grasselli agreed with Mr. Kammer about the recycling bins; and referenced the previously mentioned fire-arm discharge law on the Virginia Creeper Trail, asking about the subject concerning other trails that go through Damascus.

Mr. Dene responded that Damascus has an ordinance prohibiting the discharge of fire-arms within Town limits, which also covers the trails within.

Manager’s Report

Nothing to report at this time.

Attorney Report

Mr. Dene informed the Council that there would be a public hearing at 7:05, during the December 7th Council Meeting, concerning two ordinance changes. The ordinances of discussion will be changing the tax billing cycle to include bi-annual payments (due by May 15th and Nov. 15th); and properties lying mostly (over 50%) outside Town limits will be subject to out-of-town rates and fees.

Mr. Dene also reported these topics for discussion in closed session:

1. Consultation with legal council regarding the Bishop VRS claim, per VA Code Sec. 2.2-3371 (A) (7).

2. Consultation with legal council regarding taxes and use charges for properties only partially within the corporate limits, per VA Code Sec. 2.2-3371 (A) (7).

Old Business

Nothing to report at this time.

New Business

The Town Clerk’s office has requested a policy confirmation on temporary signs being placed in the Town Park that do not pertain to events being held there.

A short discussion followed, and Mr. Dene suggested the topic be turned over to the budget, finance, and administration committee. Mr. Greene agreed that the committee will be responsible for the deliberation of this topic, and conveying recommendations to the Council at the next meeting.

The annual Damascus Christmas Parade is scheduled for Saturday, December 5th at 2:00. Parade participants will line-up in front of Subway around 1:30.


Consent Agenda

* Mr. Cartwright made a motion to pay the bills, 2nd by Mr. Bebber (6-0).

* Mr. Bebber made a motion to go into closed session, 2nd by Mr. Upchurch (6-0).

* Motion was made to come out of closed session by Mr. Cartwright, 2nd by Mr. Bebber (6-0).

* Motion was made to certify by Mr. Cartwright, 2nd by Mr. Bebber (6-0).

* Motion to adjourn was made by Mr. Greene, 2nd by Mr. Bebber (6-0).

 

Creed Jones, Mayor

Tuesday Pope, Clerk

 


DAMASCUS TOWN COUNCIL

MINUTES FOR DECEMBER 7, 2009

Council Members Present: Jim Cartwright, Ken Upchurch, Tom Hayes, and Lannis Greene.

Creed Jones, Mayor

Tuesday Pope, Town Clerk

Thomas Dene, Town Attorney

Aaron Sizemore, Town Manager

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

* Mr. Cartwright made a motion to approve the November 2, 2009 minutes, as written; 2nd by Mr. Upchurch (4-0).

Mayor Jones suspended the meeting and opened the public hearing on ordinance changes concerning the annual tax billing cycle; and properties lying partially within the Town limits. Mr. Dene explained the proposed changes, and there was an opportunity for public comment and discussion. There being no comments or discussion, Mayor Jones closed the public hearing and resumed the regular Council meeting.

The amended ordinances are as follows:

* Mr. Cartwright made a motion to adopt the following amendment, 2nd by Mr. Hayes (4-0).

BE IT HEREBY ORDAINED, that Section 54-334(4) of the 2002 Code of Damascus, Virginia is amended to provide as follows:

(4) Outside corporate limits. With respect to any premises the majority of which are situated outside the corporate limits of the town, which premises now or hereafter have active connections with the sewer system of the town, there shall be charged a sewer rental of the rate equal to the charge established in subsections (1)--(3) of this section, plus a surcharge equal to 100 percent of such charge.

This ordinance shall become effective on January 1, 2010.

* Mr. Cartwright made a motion to adopt the following amendment, 2nd by Mr. Greene (4-0).

BE IT HEREBY ORDAINED that Section 22-122 of the 2002 Code of Damascus, Virginia, is hereby amended to provide as follows:

(a) Due date for personal property taxes. All personal property taxes due each year shall be due and payable to the Town by November 15, unless November 15.

(b) Due dates for real estate taxes. Pursuant to Va. Code § 58.1-3916, all Town real estate taxes imposed on the owners of record of real estate as of January 1 of each year shall be due and payable during each tax year in two equal installments as follows:

(1) The first installment payment of real estate taxes each year shall be due on May 15 of each year.

(2) The second payment of real estate taxes shall be due on November 15 of each year.

(c) Penalty and interest on delinquencies.

(1) Any person who shall fail to pay to the treasurer any real estate tax on or before the due date thereof shall pay, along with such tax, a penalty of ten percent of the amount of such unpaid tax installment.

(2) Commencing on the day following the day such taxes are due pursuant to this section, interest at the maximum yearly rates authorized by general law of the Commonwealth, as provided for in Va. Code § 58.1-3916, as amended, shall be assessed and collected on the principal of and penalties on all taxes unpaid on said day, until paid in full.

(3) Commencing on the day after November 15, any person who shall fail to pay to the treasurer any personal property tax, by November 15 of each tax year shall pay, along with said tax, a penalty in the same percentage as set forth in subsection (1) above and interest calculated in the same manner as set forth in subsection (2) above on the unpaid tax and penalty both, until paid in full.

(4) Tax payments mailed to the tax collecting entity associated with the city on or before the due date as determined paragraph by subsection (c) herein shall be accepted by the treasurer and shall be deemed paid upon the due date.

(d) In the event May 15 or November 15 of any year should fall on Saturday, Sunday or a legal holiday, the tax due date shall be the next regular working day.

This ordinance shall become effective on January 1, 2010.

Committee Reports

Budget, Finance and Administration:

Town Treasurer Bill Pafford reported on the following:

Tax revenue is continuing to flow in. Thus far we have collected 58% of the real estate and 32% of the personal property taxes.

Sewer department revenues are holding steady from month to month. Our annual audit will be starting about the middle of December. Before the audit can be completed, a new State law requires the Town to have a trial balance, or pre-audit, prepared by an accountant other than the auditor.

* Mr. Cartwright made a motion to approve hiring the services of a second auditor, as required; 2nd by Mr. Greene (4-0).

VML has indicated that our insurance premiums are expected to drop approximately 4% overall at policy renewal, with all other things being equal. Work on completing the renewal questionnaire has already begun.

Mayor Jones asked the Council for their decision on Town employee Christmas bonuses this year.

* Mr. Greene made a motion to give permanent Town employees Christmas bonuses, in the amount of $100/full time, and $50/part time; 2nd by Mr. Cartwright (4-0).

Streets, Lights and Maintenance:

Mayor Jones complimented the Public Works department for getting the holiday lights and props displayed for the public to enjoy.

Sewer, Water and Sanitation:

Mr. Upchurch reported that the underground fuel tank at the sewer plant has been removed, and D.E.Q. regulations have been met.

Parks and Recreation:

Mr. Hayes reported that there will be a Parks and Rec. /Trail Days organizational meeting on Wednesday, December 9th at 6pm, in Town Hall.

Mr. Hayes stated that the annual Christmas parade, which was held on Sunday the 6th, went very well. He also thanked the Damascus Police Dept. and volunteer Fire Department for their work and participation in the event.

Planning Commission:

Nothing to report at this time.

Police:

Chief Nunley submitted to the Council a detailed monthly report, as follows:

The Police Department has had another productive month. Several schools have been attended by our officers which included: narcotic interdiction training provided at Southwest Criminal Justice Training Academy in Bristol Virginia, and Gunshot Wound Class that was conducted at the Damascus General Store (this training was provided by our department and several agencies attended from all over Southwest Virginia).

The Damascus Police Department is operating under budget for the 2009-2010 fiscal year. During the month of November the department has received $4,975.00 in grant reimbursement from the last grant cycle and $6,763.00 in 599 grant money (all being received from the state). Total amount of grant money received this month is $11,738.00.

Upon speaking with the Commonwealth of Virginia, they advised that the Town of Damascus will not be able to seek restitution for the damages that occurred in Town Park, because the vandals were 8 and 9 years old. The Town has the option to civilly sue the parents for the damages (due to the children’s age at the time of the vandalism). Town Attorney, Thomas Dene, will look into this further.

The Damascus Police Department participated in numerous parades in the last week. We have attended Bristol, Abingdon, Chilhowie, and Glade Spring Christmas Parades. The Explorer group having a large float looked very good during all of the events. The Damascus Police Department Volunteered to attend the championship football game at Emory and Henry College to assist with parking and crowd control. This also showing the Police Departments support for Holston High School.

Don Griffin, who locally owns Trails Hardware store on Laurel Ave., has asked that the Town place two hour parking signs in front of the store due to the problem that he has with people parking for several hours in front of his establishment. Upon speaking with him, I advised that I would bring this before the Council for there approval. Other complaints have been made due to the Hardware store placing cones in the parking areas. I have spoke with Mr. Griffin in reference to this and truly believe we have come to a conclusion that the cones are to remain in the grass along the side of the parking spots, and when a truck is expected these spots can be reserved for loading and unloading purposes.

Vehicle bids have been compiled and Aaron Sizemore has the information pertaining to what the bids brought. This information will be presented to you by Mr. Sizemore.

As always, I am eager to address any questions or concerns that you may have. Feel free to contact me at anytime.

Chief Nunley also announced the Police Department’s Christmas Dinner and annual awards banquet will be held on Tuesday, December 8th, at 6pm, at the Harbor House in Abingdon. Everyone is invited to join in the festivities.

Special Committees:

Richard Smith, representing the Creeper Trail Advisory Board, recommended that the board postpone pursuing the various intrusions upon the right-of-way on the Creeper Trail until the Town can financially afford the legal fees which will be incurred in the process. The Council agreed with the postponement.

Mr. Smith also wanted to give a special thanks to all volunteers who have been helping with the trail maintenance.

Richard Smith, representing the Adam Committee, reported that the Town’s wireless network has provided limited coverage, and will be expanded as funding is available.

Citizens Comments

Richard Smith thanked Mr. Greer and the Maintenance Department for placing signs in the Town Playground advertising it as a “Tobacco Free Zone”.

Don Griffin, of Trails Hardware on Laurel Avenue, asked the Council about designating the parking spots in front of the hardware (during business hours) as two hour reserved spots, or using “customer” cones in those spaces.

The Council advised that the Town has no jurisdiction over Laurel Ave. because it is a VDOT regulated street. Mr. Greene commented that there is not a problem with temporarily blocking the spaces for loading/unloading supply trucks, and placing the “customer” cones in the grass near the spaces (keeping in mind that it cannot be enforced).

Manager’s Report

Mr. Sizemore submitted the following report:

OLD BUSINESS

Washington County Recreation Park

The County expects construction to be finishing up around the time of Trail Days 2010.

Police Cars Grant

The money and cars have been received and the grant closed out.

Litter Grant

At the last council meeting I was directed to look into purchasing recycling containers for the park with this years litter grant. I would like to discus the information I have found and request further instruction.

* Following discussion of the information, Mr. Greene made a motion to purchase up to 6 of the 50 gal. roll-out waste containers, which may be used for the collection of recyclables at or near the bike shops in Town; 2nd by Mr. Cartwright (4-0).

NEW BUSINESS

Police Car Bids

A bid summary is as follows:

1. 2003 Ford Crown Vic (w) high bid: $253.12

X Bid died for lack of a motion.

2. 2001 Ford Crown Vic (bl) high bid: $804.00

v Mr. Cartwright made a motion to accept bid, 2nd by Mr. Greene (4-0).

3. 2000 Ford Crown Vic (w) high bid: $250.00

v Mr. Hayes made a motion to accept bid, 2nd by Mr. Cartwright (4-0).

4. 2003 Ford Crown Vic (bl) high bid: $800.00

v Mr. Cartwright made a motion to accept bid, 2nd by Mr. Greene (4-0).

5. 1999 Jeep Cherokee (w) high bid: $650.00

v Mr. Greene made a motion to accept bid, 2nd by Mr. Cartwright (4-0).

6. 2000 Chevy Lumina (w) high bid: $1,542.52

v Mr. Hayes made a motion to accept bid, 2nd by Mr. Upchurch (4-0).

Playground Fill Material

The playground in the park needs the top layer of fill replaced. I have checked into two methods of fill (wood chips and recycled tires) and will report my findings.

* Following the report, Mr. Cartwright made a motion to have a load of wood chips brought in to put on the playground, 2nd by Mr. Greene (4-0).

Attorney Report

Mr. Dene also reported these topics for discussion in closed session:

1. Consultation of a candidate for the position of Superintendent of the Town’s sewer system, per VA Code Sec. 2.2-3371 (A) (1).

2. Consultation with legal council regarding the Town’s status with the Virginia Retirement System, per VA Code Sec. 2.2-3371 (A) (7).

3. Consultation with legal council regarding a possible transfer of the sewer system, per VA Code Sec. 2.2-3371 (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. Greene (4-0).

* Mr. Greene made a motion to go into closed session, 2nd by Mr. Upchurch (4-0).

* A motion to go out of closed session was made by Mr. Cartwright, 2nd by Mr. Greene (4-0).

* A motion to certify was made by Mr. Greene, 2nd by Mr. Hayes (4-0).

* A motion to pay Joe Fritts for built-up compensatory time was made by Mr. Cartwright, 2nd by Mr. Upchurch (4-0).

* A motion to adjourn was made by Mr. Cartwright and 2nd by Mr. Upchurch (4-0).

_____________________________ ______________________________

Creed Jones, Mayor Tuesday Pope, Clerk