City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING December 312013 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Michelle Dolan on Tuesday, December 3,2013, at7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Michelle Dolan, Vice Mayor Lea Powers, Councilwoman Margaret Feierabend, Councilman Chad Keen, and Councilman Jack Young. Others Present: Interim City Manager William L. Sorah; City Attorney Jack Hyder; City Recorder Tara Musick; Secretary Megahn Davis; and members of City staff. INVOCATION AND PLEDGE OF' ALLEGIANCE: Councilman Jack Young gave the invocation, and Councilman Chad Keen led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Citizen's Municipal Academy - Mayor Dolan recognized the recent graduates of the Citizen's Municipal Academy. The Citizen's Municipal Academy has had 7l graduates since the first academy in2009 that comprise one-third of all boards and commissions. A number of graduates spoke upon receiving their certiflcate stating that they learned a great deal about their City. The graduates recognized were David Bosch, Eric Henderson, Carmen Johnson, Davan Johnson, Chad Keen, Jennifer Moore, Walter Morton, Susan Tanner, and David Vy'arren. CAFR Award - Mayor Dolan presented the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ending June 30,2012. This award is given by the Government Finance Officers Association and is based upon the City's Annual Financial Report. This is the tenth consecutive award for the City of Bristol, Tennessee, Ms. Tara Musick, Finance Director, accepted the award. Holston View Elementary School - Mayor Dolan recognized Dr. Gary Lilly, Director of Schools and Mr. Jeny Poteat, Holston Elementary School Principal, for the award received from Solar Builder Magazine for ooGround Mount Project of the Yeaf'. Mr. Poteat thanked the Council for the recognition and spoke briefly about the solar pavilion that acts as an outdoor classroom for the school as well as produces 50kW of power.  City Council Meeting December 3,2013 Page2 of7 CALEA Accreditation - Mayor Dolan recognized the City of Bristol, Tennessee Police Department for their sixth award of CALEA (Commission on Accreditation for Law Enforcement Agencies) accreditation. This accreditation is recognized as the gold standard for law enforcement agencies around the world. Chief Blaine V/ade and Lieutenant Terry Johnson spoke briefly about the work involved in receiving and maintaining this accreditation. PRESENTATIONS: TML Risk Management Pool - Safety Partners Grant Mr. Wayne Anderson from the TML Risk Management Pool awarded a Safety Partners Matching Grant in the amount of $2,000 to the City. An application for the grant was submitted in July 2013. Mayor Dolan accepted the check on behalf of the City of Bristol, Tennessee. PUBLIC HEARINGS: None APPEARANCE OF CITIZENS: Mr. Tom Heibel, 716 Bluff City Highway, addressed Council concerning the state of the economy within the City. In closing, he stated that the abortion clinic could be outlawed and handled on a local level. APPOINTMENTS: Library Board - Ms. Gayle Brown was appointed to the Library Board by the following roll call vote to serve a three-year term ending December 3I,2016. Vice Mayor Powers Gayle Brown Councilman Young Gayle Brown Mayor Dolan Eric Cuddy Councilwoman Feierabend Gayle Brown Councilman Keen Gayle Brown ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 13-10 - An Ordinance to Amend Chapter 6o Article III, of the Code of Ordinances Relating to Beer and to Impose an Inspection Fee for High Alcohol Content Beer  City Council Meeting December 3,2013 Page3 of 7 Interim City Manager Sorah reviewed this Ordinance, which would amend the definition of a beer permit. The new definition would allow permits for on and off premise consumption, and in some cases the manufacture of beer. The amendment will also establish hours for retail sales and those sales must take place within a store licensed by ABC. There will not be any permits issued within a 150 feet of a church or school. An inspection fee of 15% will be established for the inspection of a retail store of a manufacturer of high alcohol content beer. Vice Mayor Powers asked what constituted the 150 feet. Interim City Manager Sorah it clarified that would be 150 feet from the structure the property line of the retail establishment and for the manufacturer it would be structure to structure. Councilman Keen made a motion to approve the Ordinance on first reading, and Vice Mayor Powers seconded. The motion passed by unanimous roll call vote. B. Adoption of Ordinances (Second Reading): None. C. Resolutions: Resolution 13-134 - A Resolution Approving the Acceptance of a Donation of Real Property for an Addition to Steele Creek Park Interim City Manager Sorah reviewed this Resolution that would accept the donation of a vacant lot located at 270 Skyline Drive. This property is currently owned by Tipton Investments and is estimated to be about three acres. Interim City Manager Sorah also explained that the property will be acquired with covenant restrictions like the rest of Steele Creek Park and will be a wonderful addition to the landscape of the park. Councilwoman Feierabend moved to approve the Resolution, and Councilman Young seconded. The motion passed by unanimous roll call vote. Resolution 13-135 - A Resolution Prohibiting the Possession of Handguns in Certain Municipal Parks and Repealing Resolution 09-69 Interim City Manager Sorah reviewed this Resolution which would repeal Resolution 09-69 and prohibit the possession of firearms in certain municipal parks. The possession of firearms would be prohibited in all parks suruounding schools. Interim City Manager Sorah spoke briefly regarding the original passage of Resolution 09-69, which was in response to legislation passed by the State allowing those with handgun carrying permits to carry their guns in parks. Interim City Manager Sorah reviewecl this Resolution which wor¡ld repeal Resolution 09-69 in its entirety and prohibit guns in all parks surrounding schools (Avoca Ball Park, Haynesfield Pool, and Holston View Park). Councilwoman Feierabend stated that she would continue to support no guns in parks and that a change was not necessary. Councilman Young stated that he knows how many requirements have to be met to hold such a permit as a carry permit holder. Vice Mayor Powers stated that it is important to treasure citizen rights. Mayor Dolan also stated that it was important to respect the Constitutional right to bear arms.  City Council Meeting December 3,2013 Page 4 of7 The following citizens spoke individually against the proposed Resolution: Ms. Adrian Hess, 245 McDowell Street Ms. Maggie Hess, 245 McDowell Street Mr. Michael Deans Davenport The following citizens spoke individually in favor of the proposed Resolution: Ms. Linda Rogers, 2I7 Carolyn Circle Malcolm Stallard, 944HiIl Street Mr. Gray Carrier, 5 Kingsbridge Street Mr. Tom Heibel, 716 Bluff City Highway Mr. Robert Barden, 510 Godsey Road Ms. Melinda Reagan, 812 7h Avenue Ms. Annette Lane, 1270 Volunteer Parkway The following citizens requested the proposed Resolution be tabled until more input and information were obtained: Alison McCoughry, I 57 Kingsbridge Road Alison Osborne Scanlon, 1709 Clifton Road Ms. Jean Lusardi, 115 Melody Lane Ms. Susan V/hitlow, 315 Melody Lane After all citizens were heard, Councilman Young moved to approve the Resolution, and Councilman Keen seconded. The motion passed by the following roll call vote: Vice Mayor Powers Yes Councilman Young Yes Mayor Dolan Yes Councilwoman Feierabend No Councilman Keen Yes CONSENT AGENDA: Interim City Manager Sorah presented the Consent Agenda to Council. Councilwoman Feierabend requested that Resolution 13-140 be removed from Consent Agenda. Councilman Young also requested Resolution 13-139 be removed from Consent Agenda. Vice Mayor Powers moved to approve the remaining consent agenda items, and Councilwoman Feierabend seconded.  Page 5 of7 The following items were approved by unanimous Council vote: . Minutes - November 5, 20l3,City Council Meeting; . Minutes -November 19, 2013, City Council Work Session; a Resolution 13-133 - A Resolution Approving a Grant Agreement with the Federal Transit Administration for Transit Operating Assistance; Resolution 13-136 - A Resolution Approving a Proposal for Additional Professional Services under a Master Services Agreement with AMEC Earth & Environmental, Inc.; a Resolution 13-137 - A Resolution Adopting a Restated Declaration of Trust for Pre- funding Other Post-Employment Benefits; and a Resolution 13-138-A Resolution Adopting a Restated Investment Policy for the Other Post-Employment Benefits Investment Trust. Resolution 13-139 - A Resolution Endorsing the Joint Legislative Policy of the Tri-Cities for the 20L4 Session of the Tennessee General Assembly Interim City Manager Sorah reviewed this Resolution that approves a Joint Legislative policy to be presented to the legislative leaders from the region. This is a joint effort of the Cities of Bristol, Kingsport, and Johnson City. Councilman Young voiced concern over the pseudoephedrine law endorsement which would require a prescription for certain over-the- counter medications. Councilwoman Feierabend stated her support for the law. Ms. Alice McCoughry, I57 Kingsbridge, stated that putting those medicines behind the counter was not working and taxpayers were paying the price for meth labs. Mayor Dolan voiced her concerns regarding the Hospital "Safety Net" Funding and stated that she was not in favor of bigger government. Interim City Manager Sorah clarifred that the item was included in the policy to note that the hospital as one of the City's largest employers would have increased difficulty operating with reduced funding. Councilwoman Feierabend moved to approve the Resolution, and Councilman Keen seconded. The motion passed by majority vote. Vice Mayor Powers Yes Councilman Young No Mayor Dolan No Councilwoman Feierabend Yes Councilman Keen Yes  Page 6 of 7 Resolution 13-140 - A Resolution Approving a Proposal for Website Redesign and Implementation of a Web Content Management System Interim City Manager Sorah reviewed this Resolution that would approve a proposal for website redesign and implementation of a web content management system. The approved proposal was submitted by CivicPlus of Manhattan, Kansas. Interim City Manager Sorah stated the timeline for the new design would be 16 to 22 weeks and a 50Yo increase in site visits is guaranteed. Vice Mayor Powers moved to approve the Resolution, and Councilman Keen seconded. The motion passed by unanimous roll call vote. CITY MANAGER'S REPORT: Interim City. Manager Bill Sorah reminded Council of the Christmas Parade to take place on December 5'h and tñe Joint Legislative Luncheon On January 3'd. He also noted the påssing of reserve policeman Baskerville. Interim City Manager Sorah also presented the 2014 Meeting Calendar to Council for their review. Lastly, he reviewed the Series 2013 Electric System Revenue Bonds issued on October 30,2013, and the information being sent to the State in regards to those bonds (Form CT-0253). He stated that24%o of that bond issue was in regards to new money and 760/o was refinancing of old bonds. The Electric System obtained a 4.09Yo interest rate. CITY COUNCIL COMMENTS: Vice Mayor Powers asked the status of the Finance Committee and asked that some sort of action be taken at the next work session. The Council recognized Dr. Gary Lilly, who discussed the first phase of the personalized learning experience. The first phase will give new laptops to the 8'n grade students. Councilman Keen stated the many things make Bristol a greaf community and a great place to do business. He noted the City's digital inclusion, education, expansion of broadband connectivity, the support of creativity and innovation (Rhythm and Roots and BCMA), and the inspiring marketing advocacy of Bristol Motor Speedway. Councilwoman Feierabend commented on the Literacy Academy and also noted that the Salvation Army was expecting fewer donations. Councilman Young spoke briefly on the "Drive to 55" campaign that encourages adults to further their education. Currently 32o/o of those who graduate high school get some sort of further education. The campaign goal is to see the number increase to 55%o.  Council Meeting ber 3,2013 PageT of7 Vice Mayor Powers encouraged all citizens to come to the work sessions so they could see Council discussions. She also noted that the City is looking at the possible means of funding the expansion and renovation of Vance Middle School. She stated that the new Council has worked hard in obtaining grant funding and reducing the tax rate. Mayor Dolan stated that she was very happy that there was unity amongst the goals of the Council. She also noted that the sign ordinance is currently being reviewed and success of the Chapter 420 Project. The Mayor requested that staff issue a request for proposal for financial advisory services. In closing, Mayor Dolan stated that the City Manager search was in progress and hopefully still on schedule. There being no further business, the meeting was adjourned at9:20 p.m. s Michelle Mayor 6- f.,Zo-á Tara E. Musick, City Recorder