City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING January 7, 2020 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Margaret Feierabend on Tuesday, January 7, at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Margaret Feierabend, Vice Mayor Mahlon Luttrell, Councilman Chad Keen, Councilwoman Lea Powers, and Councilman Vince Turner. Others Present: City Manager William Sorah, City Attorney Danielle Smith, City Recorder Tara Musick, and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Kathy Feagins, President of YWCA Board of Directors, gave the invocation and the YWCA TechGYRLS led the pledge of allegiance. AGENDA ADDITIONS AND / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Tennessee Women's Suffrage Centennial - Mayor Feierabend and Vice Mayor Mahlon Luttrell read the proclamation celebrating 2020 as the 100'*^ anniversary of the 19'^^ Amendment, which gave women the right to vote. The proclamation was presented to Kathy Waugh, Chief Executive Director of the Northeast Tennessee and Southwest Virginia YWCA and the YWCA TechGYRLS. Ms. Waugh talked about events that are scheduled throughout the coming year to inform the public and celebrate the centennial. The TechGYRLS gave a brief history of the right to vote for women. Mrs. Jack Arnold did a historical character portrayal discussing the Susan B. Anthony amendment and how it took over forty years to pass as the 19'^ Amendment in 1919. A total of thirty-six states were needed to ratify the Amendment. On August, 18, 1920, Tennessee was the thirty-sixth state to vote for the ratification thus giving twenty-seven million women the right to vote. PRESENTATIONS: Census 2020- Kevin Flanary, Partnership Specialist with the United States Census Bureau, thanked the City and Council for supporting the upcoming census. He spoke about the education phase they have been working on over the past year to increase participation. They have been building local partnerships with various organizations in an effort to increase participation and inform everyone how important it is to participate. The Census Bureau is transitioning into the motivation phase to emphasize 1) participating in the census is the law as established in 1790 and 2) the census can have a tremendous financial impact and most people are not aware of that aspect. Sullivan County participation was eighty-two percent in 2010, which was only by write-in at that time. This year, participation by telephone and digital methods will be available in addition to the regular mail-in method for the first time.  City Council Meeting January 7, 2020 Page 2 of9 April 1, 2020 is Census Day and the goal is a complete count of America. In 2010,the non-participation rate of the local population was eighteen percent. According to data from a George Washington University Survey, it costs approximately $1,100 in federal funding per person for non-participants. For the 2010 Census, that means approximately $20,000,000 per year in federal funding for this area has been left on the table. The 2020 goal for Sullivan County is to increase the participation rate which in turn will bring more federal funding to this area for schools, health care, and roads. All monies are distributed somewhere and the higher the participation rate, the more monies that will come back to this area for programs. All results of the census have to be sent to the Office of the President by December 31, 2020. By March or April of 2021, there will be government redistricting to ensure appropriate representation based on population. To help collect and process census information, the Census Bureau will be hiring five hundred thousand people nation-wide. They are part-time, short-term positions from two to six months and the pay for Sullivan County workers is $19 per hour with $0.58 per mile fuel reimbursement. FY 2019 Comprehensive Annual Financial Report(CAFR)- Matt Hill from Mauldin and Jenkins presented the Independent Auditor's Report for the fiscal year ended June 30, 2019. Management does a good job keeping up with changes in accounting standards. This report is more than seventy pages longer than it was seven years ago. Mauldin and Jenkins audits / tests the report and gives three opinions. The first opinion is on the financial statements themselves to confirm things such as the statements, individual balances, and disclosures are materially correct. The second opinion is on the internal control over financial reporting to ensure proper controls are in place so that the numbers are reported correctly. The third opinion is on the federal grant monies received to ensure compliance with the federal provisions. The opinions issued for the report this year were unmodified or clean. In addition, the auditors are required to report any instances of non-compliance or weaknesses which are called audit findings. There are no findings in this report. Mr. Hill then did a brief overview of the large document beginning with the Management Discussion and Analysis on page 13, which is a condensed version of the remainder of the report. It summarizes numbers in the financial statement as well as gives some context for the numbers e.g., give explanation why some numbers may have changed from the prior year(s). On page 30 is the Statement of Net Position, which acts as a balance sheet. These statements are on a full accrual basis of accounting versus a modified accrual. The full accrual lists assets and all debt thus giving an overview (more long-term) whereas the modified gives a current snapshot. He discussed the components of net position and also how much is invested in capital assets versus how much is restricted and unrestricted. Mr. Hill then talked about the Statement of Activities which is similar to an income statement, also on full accrual basis, and the layout of this statement. He discussed the net cost of each activity and how the governmental funds are primarily funded by general revenues. The next section discussed was the Balance Sheet of Governmental Funds and the fund balance of the General Fund. The rule ofthumb is to have at least two months of expenditures in reserves. The City has almost six months of reserves. He reviewed the General Fund on page 37 and the footnotes on page 51. The last item reviewed was the statistical section on page 221. Mr. Hill described the purpose of this section as part of the Government Finance Officers Association (GFOA)requirement and that the City goes above and beyond what is required by the state and federal governments. This information provides trends over the past ten years as well as provides non-financial information, such as demographics and employee trends. It is part of the additional information provided that contributes to being awarded the GFOA Certificate of Excellence, which the City has received the last consecutive sixteen years.  City Council Meeting January 7, 2020 Page 3 of9 Mayor Feierabend asked if there were any questions or comments. She stated she was glad to have a boring report as there were no problems. Councilwoman Lea Powers said it was exciting as it was a good report. Mayor Feierabend thanked all ofthe Finance staff, City Manager Bill Sorah, and staff City- wide for developing a responsible budget and adhering to the budget throughout the year. Councilwoman Powers pointed out the variance in revenues on page 37 totaling $570,027 and how the General Fund fund balance has increased. The increase was due to an increase in sales tax, increase in the Hall Income Tax, and the Chapter 420 Tax. She requested the City Manager discuss the Hall Income Tax and how much money the City will lose when this revenue stream goes away. City Manager Sorah provided the additional information. PUBLIC HEARING: None. APPEARANCE OF CITIZENS: John Cartwright, 650 Pennsylvania Avenue, discussed the Fairmount neighborhood and some existing problems with a homeless camp / dump by the Anderson Street Bridge, a burned structure still standing, and flood zone at Cypress Street and Kentucky Avenue. Owners are investing in their properties in the area indicating people are interested in the area, but the current problems need to be addressed first. He and other property owners in the Fairmount area are concerned and wanted to bring it to the attention of the City. They are requesting City Council revisit the Fairmount Redevelopment Plan that was created several years ago and see that it is adhered to or revisited to continue improvements. APPOINTMENTS: Library Board - City Council addressed the vacancy of one seat on the Library Board for a term of office ending December 31, 2022. Several Council members spoke in favor of the applicant, Mr. Jonathan Harden. Mr. Harden was unanimously appointed to the Library Board to serve a term of office ending December 31, 2022. Mayor Feierabend mentioned Ms. Tonia Kestner, the new director ofthe library, started work yesterday. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 20-1 - An Ordinance to Amend Chapter 50(Offenses and Miscellaneous Provisions) of the Code of Ordinances Related to Outdoor Lighting City Manager Bill Sorah summarized that Ordinance 20-1 amends Section 50-31 of the City's Code of Ordinances, which contains regulations related to the use of outdoor lighting. The lighting regulations apply to all commercial, industrial, and multi-family residential properties. The regulations stipulate the maximum light level that is permitted at the property line of the adjacent property. As presented to Council at the December 17'*^ work session, the developers of Center Pointe 74 have requested an amendment ofthe regulations to allow for an exception to be applied to properties ofcommon ownership and part of a larger common development. The developer desires for the internal lot lines not to be subject to the same conditions. Staff agrees that makes sense if it is a common ownership development.  City Council Meeting January 7, 2020 Page 4 of9 If Ordinance 20-1 is approved on first reading, the matter will be considered on second reading during the February 4^*^ meeting of City Council. Ms. Cherith Young, Planning Services Manager, presented additional information. Ms. Young stated this section of the code governs site lighting for commercial, industrial, and multi- family residential properties and does not apply to single family residences or duplexes. It governs the light trespass that leaves a site when developed commercially. The code currently has stipulations that there is a certain limit at property lines, which varies depending on if the line is adjacent to commercial properties or right-of-way versus residential properties. However, the current code does not address if there are multiple parcels within one project such as the Pinnacle or Centre Pointe 74. When a site plan application is received by the City, the lighting, or photometric, plan is reviewed by staff to ensure it meets all the City codes and zoning ordinances. Staff feels a reasonable accommodation is to provide an exception for projects that are common developments. For projects having multiple parcels within it, the boundary at the project periphery would have the same requirements as other projects. However, property lines that are internal to that development would not be held to the same standards. The proposed ordinance is to provide an exception to be applied to internal properties ofcommon ownership that are part of a larger common development. The amendment also includes the addition of a definition that would define 'common development'. Councilman Vince Turner made a motion to approve and Vice Mayor Luttrell seconded the motion. Mayor Feierabend pointed out that most agenda items that come before Council for vote at the regular Council meetings were previously presented to Council at work sessions and discussed in greater detail at that time. The resolution passed by unanimous roll call vote. B. Adoption of Ordinances(Second Reading): Ordinance 19-13 - An Ordinance to Amend Chapter 10(Animals) of the Code of Ordinances by Prohibiting Tethering of Dogs between Certain Hours Unless Otherwise Permitted City Manager Sorah said this item was presented to City Council in November and is presented this evening for second reading. This is an amendment to Chapter 10 of the City's Code of Ordinances as it relates to the tethering ofanimals. Ordinance 19-13 creates a new subsection to section 10-46 prohibiting the tethering of dogs between the hours of 10:00 p.m. and 6:00 a.m. There is a provision for a permit to waive this condition in the event the owner demonstrates a need for relief from the tethering prohibition due to a current work schedule that would conflict with this type of ban. The permit would designate a specific eight-hour period during which the animal could not be tethered during each twenty-four-hour period. This was first considered on first reading at the November 5"^ meeting. At that meeting, the ordinance as originally submitted was amended by Council to include an exception for hunting and sporting dogs. This exception would also be administered through the permit process. If approved, the tethering prohibition will become effective July 1, 2020. Councilwoman Lea Powers said that her intent for the request for an exclusion of sporting and hunting dogs was to also be for an eight-hour period once during each twenty-four-hour period. Her intent was that no dog would be left on a tether twenty-four-hours, that there would be an eight-hour period at some point every day that all dogs would be off tether including sporting and hunting dogs. City Manager Sorah then said she could request an amendment of this ordinance during second reading this evening.  City Council Meeting January 7, 2020 Page 5 of 9 Councilman Vince Turner said that due to the various changes resulting in the delay of approval of this ordinance, he requested the effective date be moved from July P'to give citizens preparation time to be in compliance. Councilwoman Powers made a motion to approve the ordinance and Vice Mayor Luttrell seconded. Councilwoman Powers then made a motion to amend the ordinance to include an exception for sporting and hunting dogs, also administered through the permitting process, which would designate a specific eight-hour period when the animal could not be tethered during each twenty-four-hour period. Vice Mayor Luttrell seconded the motion for the amendment. The roll call vote was as follows: Councilman Keen Abstained Councilwoman Powers Yes Vice Mayor Luttrell Yes Councilman Tumer Yes Mayor Feierabend Yes Councilman Turner made a motion to change the effective date of the amended ordinance from July 1, 2020 to August 1, 2020, and Councilwoman Powers seconded. As there was no further discussion, the motion passed unanimously by roll call vote. Mayor Feierabend stated that a motion to approve the ordinance was made earlier in the discussion and was seconded. She then asked for a roll call vote on Ordinance 19-13 as twice amended. The ordinance passed by majority votes as follows: Councilman Keen No Councilwoman Powers Yes Vice Mayor Luttrell Yes Councilman Turner Yes Mayor Feierabend Yes C. Resolutions: Resolution 20-1 - A Resolution Awarding a Bid for the Construction of Pedestrian Improvements on Virginia Avenue, Pending Concurrence of the Tennessee Department of Transportation City Manager Sorah stated Mr. Jacob Chandler, City Engineer, would help present this information to Council. He continued by saying Summers-Taylor, Inc., from Elizabethton, Tennessee submitted the lowest responsive bid in the amount of $622,622.00. He then requested the City Engineer to give an overview of the scope of the project. Mr. Chandler explained the Virginia Avenue Pedestrian Improvements include construction of five-foot wide sidewalks on both sides of Virginia Avenue from the Bristol Tennessee Housing Development to a point just short of East Cedar Street. The project will include some grade work, minor utility adjustments, and some stormwater improvements. Councilwoman Powers asked how long this project has been in the works and Tim Beavers, Director of Development Services, replied about two years. City Manager Sorah stated this is a good companion project to the East Cedar Street as it will pick up at the northern limits of that project and proceed south along Virginia Avenue and connect to the sidewalks that are currently in front of the Bristol Housing Authority developmentjust south of Hazelwood. Councilwoman Powers asked about the status of the sidewalks at Lavinder Lane and Bluff City Highway that were discussed a few months ago. The City Manager replied a favorable response has been received and it would be an eighty / twenty cost share and the City has engaged a firm to do the engineering design.  City Council Meeting January 7, 2020 Page 6 of9 Mr. Chandler stated CDM Smith of Knoxville was the firm selected. They are currently working on documents, have done a lot of the survey work, and are currently working on the right-of-way plans now. Councilman Turner asked about the timeframe of this project and City Manager Sorah replied there are two approval processes, one of which is on the agenda this evening. The Tennessee Department of Transportation (TDOT) is also reviewing bids and the City could have waited on their approval before proceeding. However, there is a sunset issue for bid / award and pre-construction meetings, so the City needed to take action prior to TDOT approval in order to meet the timeline. If TDOT does not accept this bid, the City will work with them to find a resolution. The bid is higher than the cost estimated by the internal engineer and the design engineer. The internal estimate ofconstruction cost was $531,635.25 and the lowest responsive bid was $622,622.00,a difference of $90,986.75. The TDOT Transportation Alternative program grant will pay for 80% of the estimated construction cost of$531,635.25 which totals $425,308.20. The City is responsible for the remaining 20% of the estimated construction cost which equates to $106,327.05, plus the $90,986.75 above the estimated construction cost. The City is therefore responsible for a total amount of $197,313.80. There is also a companion resolution on the consent agenda to comply with the TDOT requirement of third party inspection of the project, the cost of which is also the responsibility of the City. This brings the project cost to the City to just under $300,000.00. The project is identified in the Fiscal 2020 Budget and it has always been the intent for the City's match to be funded from the General Fund Reserve. City Manager Sorah wanted to ensure the Council fully understood the commitment of the City. There were five bids received, three of which were in the $600,000 range and two were substantially higher. The unit pricing for vegetation removal, mobilization, and traffic control were above their respective estimated costs and contributed the most to the higher total bid price. Councilman Turner asked ifthe City picked the area for this project. The City Manager replied the City is made aware of grant opportunities. This is a pedestrian area that is void of sidewalks and there are a fair amount of people that walk from the Fairmount area as well as the Housing Authority area to Food City and the surrounding commercial areas. This project would facilitate pedestrian movement in that area and is a safety issue. This is what prompted the City to apply for this grant. The cost estimates were prepared two years ago. Councilman Turner stated that could be why the bid was higher than anticipated. City Manager Sorah said the unit costs estimated were not far off from the bids submitted, but the costs for vegetation removal, mobilization, and traffic control were above what was considered by the City and the design engineer to be market value. The five bids received all reflected the higher costs. Councilwoman Powers asked if Resolution 20-3 for the engineering services agreement on the consent agenda was the associated item referenced earlier and if the $89,000 included all costs for progress estimates, project completion punch list, material testing and sampling, final project inspection, and preparation of final records. City Manager Sorah said that is correct and TDOT requires a TDOT certified inspector to do that work. If for some reason Council decides not to do this project, Resolution 20-3 will need to be removed from the consent agenda and if the project is approved that resolution must be approved as well as part of the project. Councilman Turner then asked if TDOT was looking at the original estimate. The City Manager explained when TDOT offers grant opportunities a host of communities are competing for those grants so they set aside 'X' number of dollars for that project. The City was fortunate to get the grant award, but all the other funding has already been allocated for the various communities that are competing for the grant. Mayor Feierabend asked if this project includes curb and gutter or if it is just sidewalk. Mr. Chandler replied some curb and gutter work is included, but not for the whole corridor. Some areas cross  City Council Meeting January 7, 2020 Page 7 of 9 driveways or parking lots and other areas have limited spacing both of which would accommodate only the sidewalk without curb and gutter. The Mayor said she is pleased with this project and that it will address some of the pedestrian issues including safety and will be good for the community. Councilwoman Powers said it is important for the constituents to know Council is constantly briefed on projects and their status. There is very little that is put into action where the Council has not been hands on. Whether or not it has been an issue brought for a vote, they have still been consulted and this project has been two years in the making. Council has been involved and kept informed every step of the way. The Mayor asked for an update on Cedar Street since it is a somewhat related issue. Mr. Chandler explained they are in the final stages of right-of-way certifications and then the project can be bid. A bid for a project of that scope needs to be out for thirty days. Councilwoman Powers then asked about the status of Cypress Street. Mr. Chandler said the design is complete, the concrete structures are currently in fabrication, and they anticipate the project to commence this spring. Councilwoman Powers made a motion to approve and Councilman Chad Keen seconded. As there was no further discussion, the resolution passed by unanimous roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilman Keen made a motion for approval and Councilman Turner seconded the motion. The following items were approved by unanimous Council roll call vote: ■ Minutes December 3, 2019 City Council Meeting ■ Minutes December 17, 2019 City Council Work Session ■ Resolution 20-2 A Resolution Awarding Bid for the Purchase of Patrol Vehicles ■ Resolution 20-3 A Resolution Authorizing Entry into an Engineering Services Agreement for Virginia Avenue Pedestrian Improvements ■ Resolution 20-4 A Resolution Awarding a Bid for the Purchase of Pickup Trucks ■ Resolution 20-5 A Resolution Awarding a Bid for the Purchase of One (1) Medium Size Sport Utility Vehicle ■ Resolution 20-6 A Resolution Awarding a Bid for the Purchase of Bulk Fuel ■ Resolution 20-7 A Resolution Authorizing Entry into an Agreement for Design Services to Construct New Parking Lot in 700 Block of Shelby Street BOARD OF EDUCATION LIAISON REPORT: Dr. Tom Sisk, the Director of Schools, said students were welcomed back to school today after the Christmas holiday break and then mentioned a few school events that took place during the break. He provided an overview of what the board of education has been working on. They have initiated look, listen, learn, and lead and hundreds of survey cards were distributed in conjunction with this program  City Council Meeting January 7, 2020 Page 8 of9 asking for community input. Approximately seventy percent of them have been returned and the data will be compiled showing the expectations of the community for the schools and their priorities, and the school board hopes to be able to incorporate some of these ideas. There are several programs currently under construction that are being reviewed. The schools are working with workforce development and have started their strategic process for State Collaborative on Reforming Education(SCORE) which is a think tank based out of Knoxville. Staff is attending a meeting with them today and in the near future Dr. Sisk will be engaging Council and other civic leaders for input in creating a strategic five-year plan for the school system that attempts to meet the needs ofthe community. He is working with stafftoward a facilities tour and will coordinate with the office of the City Manager to set it up in the near future. Dr. Sisk distributed a draft document to Council about Bristol Bridges, which is their umbrella approach to career and college readiness. Beginning in August, the areas of focus will be reading proficiency at or above level for third grade; math proficiency at or above grade level for fourth grade; decreased gaps for at risk sub-groups in growth and achievement in all student categories; to work with students to excel in annual growth projections; to aspire toward an ACT composite score of twenty-four; students will work to achieve the work ethic diploma prior to graduation; and the school system will look to expand the dual-enrollment programs. These areas were chosen as they are the keys to open the doors of opportunity to our young people. He then discussed changes to the career technical education programs and an academy concept centered on tourism or The school system is addressing concerns about the flu and cleanings have been increased to help mitigate the problems. Dr. Sisk then asked if Council had any questions. Councilwoman Powers asked about early childhood training to provide licensing for in-home daycares and provide some type of daycare in the high school as that is a need in the community. Dr. Sisk said as a pre-teaching program, the only credentialed program a high school student can get is a certification that allows them to work in a childcare facility. The school system does not currently have a plan to offer a daycare facility at the high school as the career tech wing is at full capacity. In addition, there are safety issues due to the number of pieces and types of equipment in that area of the school. He said a partnership where the students help staff could be explored. CITY MANAGER'S REPORT: City Manager Sorah reminded Council of some dates for the month. • Monday,January 13'^ Noon-Joint Council Meeting with Bristol, Virginia at the Bristol, Virginia City Hall • Friday, January 17'^ 11:30 A.M.- Annual Chamber of Commerce Awards Luncheon held at the Holiday Inn at Exit 7 • Tuesday, January 2 8:30 A.M.-City Council Work Session at the Steele Creek Nature Center. This is the pre-budget work session where the budget process is discussed in greater detail and the session will last the majority of the day • Tri-Cities Legislative Event is Monday, January 27^^ and Tuesday, January 28^^ in Nashville CITY COUNCIL COMMENTS: Councilman Keen is grateful for family and a good holiday with friends in town. He asked City Manager Sorah what the expectations are for the Fairmount properties brought up earlier in the evening. The City Manager said codes enforcement is a process and is not quick. It is possible some of these properties may currently have enforcement actions on them. There is a process where codes enforcement contacts  City Council Meeting January 7, 2020 Page 9 of9 the property owner and works with them to bring it in compliance. It can end up in municipal court. There are also properties that may be in disrepair to the degree that repair is not an option. They go before our Better Property Board and the Board can then order demolition. Councilman Keen requested these properties be looked at. Go Vols! Vice Mayor Luttrell is thankful for family, our military troops, and our healthcare workers. The City and the state are in a good place. He encouraged everyone to think positive and reach out to help one another. Councilwoman Powers is grateful for her family and this community. We live, work, and play in a community where most people do care about one another. The Birthplace of Country Music is finishing up an exhibition with Marty Stewart which will culminate in a film presentation. Bristol Rhythm and Roots is preparing for its twentieth annual reunion. January 9^^^ is the Sullivan County Commission work session. Believe in Bristol is looking at new events to encourage more people to visit the downtown area. The Convention and Visitors Bureau is still seeking a new director and they are concerned about three-year funding. She also serves on the NETWORKS Sullivan County Partnership and they will begin marketing the great eight of upper east Tennessee. She mention funding / grants received, part of which will be used for a rail spur in Partnership Park II. The demolition of the Coyne Building has begun and part ofthe cleared land will be used for 170 new parking spaces. She continued by mentioning the renovation of some of the buildings and new businesses coming to the downtown area. She concluded by congratulating Tara Musick on her engagement. Councilman Turner is grateful for family, health, and the city and country we live in. We are extremely blessed. Mayor Feierabend commented the City depends on citizens to inform us of things that need attention as we cannot see everything. She hopes the City can look at Fairmount in relation to the plan and possibly host a meeting and then mentioned neighborhood associations. The Martin Luther King, Jr. Commemoration / Celebration this year is the third one in Bristol and people will gather at the Paramount at 1:30 P.M. on Monday, January 20"^ then walk to the Train Station for a program that begins at 2:30 P.M. The group will pause at the intersection with Martin Luther King, Jr. Boulevard for a song and a few words recognizing the renaming of that street several years ago. The emphasis of the program is on children and 'The Legacy Lives On in Our Beloved Community'. The guest speaker for the celebration is Father Gregory Boyle and he will speak at Lee Street Baptist Church at 7:00 P.M. She is grateful for the community we live in, the caring community we have, and for hot water. This morning she was thinking about our military and others around the world living in difficult circumstances that do not have water / hot water. Councilwoman Powers requested a moment of silence for the service people around the world and their families. There being no further business, the meeting was adjourned at 9:01 p.m. Q Margaretfeierabend, Mayor Tara E. Musick, City Recorder