City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE SPECIAL CALLED CITY COUNCIL MEETING April 20, 2020 CALL TO ORDER: The City of Bristol, Tennessee Special Called City Council Meeting was called to order by Mayor Margaret Feierabend at 9:05 a.m. on April 20, 2020. The meeting was held electronically via Zoom. ROLL CALL: Present were Mayor Margaret Feierabend, Vice Mayor Mahlon Luttrell, Councilman Chad Keen, Councilwoman Lea Powers, and Councilman Vince Turner. Others present were City Manager William L. Sorah, City Attorney Danielle Smith, City Recorder Tara Musick, Parks and Recreation Director Terry Napier, and Community Relations Director Jon Luttrell. ITEMS FOR DISCUSSION: A. Discussion of Necessity for Conducting Electronic Meeting: City Attorney Danielle Smith explained the changes to the open meeting laws. Mayor Feierabend asked if anyone on Council objected to holding an electronic meeting. No one objected since the electronic meeting is necessary to protect public safety, health, and welfare due to the Coronavirus pandemic. B. Presentation from Commissioner of Tennessee Department of Tourism: Tennessee Department of Tourism Commissioner Mark Ezell provided an overview of tourism across the state. Fie shared his background as a businessman and his recent change to the tourism industry. Statistical data to show the impact of tourism on the state and local economy was provided. He advocated for increasing funding for tourism in order to increase local revenues. The Ken Bums country music documentary was discussed along with the impact that it will have on the local economy once people start to travel again. Tennessee Department of Tourism Assistant Commissioner Melanie Beauchamp discussed funding for tourism in the City of Bristol, Tennessee including the contribution from the State of Tennessee. Bristol Tennessee/Virginia Chamber of Commerce President Beth Rhinehart thanked the State of Tennessee staff for attending the meeting.  special Called City Council Meeting April 20, 2020 Page 2 of7 Vice Mayor Mahlon Luttrell asked if anyone had any predictions on what the shortfall will be for this year or next year. Ms. Beauchamp said that it was too early to tell. There will be a loss for March and April and conservative estimates should be used going forward. Tennessee Department of Tourism East Tennessee Division Manager Dave Jones said that marketing efforts have been pulled back at this time and are being saved for when people are ready to travel. Ms. Rhinehart said they have also suspended their campaigns. Mayor Feierabend asked if there was any guidance on how to reopen festivals or major events. Ms. Beauchamp said it was too early to tell. They are watching for trends, but there is no good answer at this time regarding when to make changes. Mr. Jones said that safety is the number one concern of consumers and all businesses need to focus on that at this time. Ms. Rhinehart said people will start to travel when they can according to predictions. People are not predicted to fly or take cruises. This positions us to be in a good place for when travel can occur because Tennessee is a drive market. Councilwoman Lea Powers asked for the budget of Discover Bristol. She also asked for data related to tourism on the Tennessee side. Ms. Rhinehart said she will forward the budget to City Council. She said that it is difficult to pull out City of Bristol, Tennessee data only. Councilwoman Powers also asked what programs were based or centered on the Tennessee side. Ms. Rhinehart discussed the grant from the State of Tennessee and how related marketing is currently on hold in light of COVID-19. Councilwoman Powers discussed the City of Bristol, Tennessee funding for tourism in the FY 2020 budget. City Manager Sorah clarified the amounts that we contribute to tourism related non-profit organizations. Councilwoman Powers asked to see the marketing strategy of Discover Bristol. Ms. Rhinehart explained the process of developing the marketing strategy. Mr. Jones thanked Council for inviting them. Mayor Feierabend thanked everyone for attending. Councilman Vince Turner asked who was making the decisions or putting together Region AHEAD (Appalachian Highlands Economic Aid Directory). Ms. Rhinehart said that it was the idea of Andy Detrick and grew to include several local Chambers of Commerce and other partners. It is a fundraiser of entities across southwest Virginia and northeast Tennessee with bankers. Chambers of Commerce, and other business people involved who desire to remain anonymous. Councilman Turner asked if they will release the names of who will receive funding and Ms. Rhinehart replied she is not sure. Vice Mayor Luttrell asked what funds have been received and disbursed. Ms. Rhinehart said she does not have totals at this time because the program just kicked off on Friday.  special Called City Council Meeting April 20, 2020 Page 3 of7 Ms. Rhinehart presented graphs of the average daily rates and occupancy statistics of hotels in Bristol. The graphs showed data from 2015 to early 2020. C. Presentation of Preliminary Engineering Report for Beaver Creek South Greenway Project: Mr. Jamie Carden of McGill and Associates presented a map of the Beaver Creek South Greenway Project showing the nine sections of the project for City Council review. Director of Parks and Recreation Terry Napier discussed plans to apply for grant funding for the project. The trail length and total cost of each of the nine sections was presented with detail. Councilwoman Powers asked if section six is where the Volunteer Parkway would be crossed. Mr. Napier replied the crossing would be under the Volunteer Parkway. A total section summary was then presented. The paved trail will be 26,300 feet with five bridges, five potential trailheads, and ten retaining walls. The paved trail costs approximately $35.00 per linear foot with the total trail costs projected to be $2,420,500. Councilman Turner is calculating a 4.8 mile trail. This equates to about a half of a million dollars per mile and he asked how this compares to other trails. Mr. Carden said this a good baseline for projects to be successful. Mr. Napier said that normally a million dollars per mile is used for estimating. The cost depends on the level of grading and preparation work. Councilman Turner asked what the yearly maintenance costs would be. Mr. Napier replied thai maintenance should be trash removal and maintaining right-of-ways, but those cost estimates have not been calculated yet. Sections five, six, and seven were recommended as the most attractive to be built first. This would be 7,200 feet and a little over $560,000. Section one and two would be 6,100 feet and a little over $575,000. This grouping was recommended as a package deal that also might be used as a starting point. Section four was recommended on its own merit. Councilwoman Powers asked how much of the trail was in the floodplain. Mr. Carden did not have an exact number. He and Mr. Napier estimated that 90% of the trail would be in the fioodplain. She asked if the trail would be designed to hold up to this type of weather. Mr. Carden said the road was built to a Tennessee Department of Transportation standard. City Manager Sorah stated this was a good use for this type of property which could not be used for other purposes. Mr. Napier explained they would be cleaning out the floodway which would improve the situation if there was another flood. The City Manager discussed the need for individual meetings with property owners via direct communication. Zoom meetings work well at times, but not for this type of communication. Funding is set aside in the FY 2020 budget for rights-of-way procurement. However, the  Special Called City Council Meeting April 20, 2020 Page 4 of 7 communication should occur before we start to seek rights-of-way as they need to be obtained in advance before we can proceed with grant opportunities. Mayor Feierabend stated that she is hoping some citizens will donate right-of-way once they see the value of the project. Vice Mayor Luttrell commented this project should help tourism and improve campground attendance along the trails. Councilwoman Powers asked if camping at Steele Creek Park had been explored. Mr. Napier said that would be considered as part of Steele Creek Park's comprehensive planning process. D. Ordinance 20-6 Amending Chapter 26 (Civil Emergencies) of the Code of Ordinances: City Attorney Danielle Smith reviewed proposed Ordinance 20-6 which was drafted based upon an ordinance of the City of Kingsport, Tennessee. This Ordinance gives the City Manager and Mayor the authority to declare a civil emergency for a period of time. City Council must then approve to extend the period oftime for the civil emergency. The City of Kingsport, Tennessee uses a three-day period. City Attorney Smith is recommending a seven- day period to allow the meeting to be arranged. She also reviewed the legal authority to allow the Ordinance to be changed. There is no legal authority to support the Ordinance. However, there is also no legal authority to say the existing Ordinance cannot be changed. Vice Mayor Luttrell asked why this Ordinance was recommended and he agrees with the seven days versus the three-day period. Councilwoman Powers said that the Mayor represents City Council and the recommendation is based upon the structure of how the City Council operates. The Mayor should act upon the will of Council. Vice Mayor Luttrell said that in the most recent situation everyone acted upon advisement of the Sullivan County Tennessee Health Department. A discussion ensued of whether this was State of Tennessee law or a requirement of our Charter. The City Attorney clarified that it was State of Tennessee law under Title 58 and Title 38 which the City Ordinance mirrored. There must always be an official that can declare a State of Emergency. Mayor Feierabend mentioned that the City of Kingsport approved their ordinance in a matter of a few days. They also approved extensions of the declaration at the same time. City Manager Sorah stated that they did not take this lightly. They were asked by the Sullivan County Tennessee Health Department for support of their stay at home order. Each City Council member was contacted and advised in advance. Vice Mayor Luttrell said that he does not want to tie the hands ofthe Mayor and City Manager handling the emergency.  Special Called City Council Meeting April 20, 2020 Page 5 of 7 Councilwoman Powers said this does not mean anything against the current City Council or City Manager. Everyone gets along and works well together. She wants the matter addressed in case there is a situation where everyone does not get along and feels it is just a good practice. The City of Kingsport, Tennessee is able to meet electronically. City Attorney Smith explained they have that ability because it is in their Charter. State law is only allowing our City Council to meet electronically through May 18'^ upon authority ofthe State ofTennessee. Councilman Keen requested the City Attorney contact the State of Tennessee to see if this will be a permanent change and to request a Charter change, if not. Mayor Feierabend suggested that Council talk to their legislators to support this change. Vice Mayor Luttrell said this would be a good time while it is fresh on their minds. Councilman Turner commented that the State has been allowed to meet this way. This is just new to cities and counties. He supports the request of Councilman Keen. Vice Mayor Luttrell stated that he thought it would work for emergencies. Councilman Turner said he would like it for all types of meetings. Councilman Turner wanted to clarify that seven days is being recommended versus three days just to allow more time for City Council to meet. Mayor Feierabend mentioned that we do not know what the next disaster will be and cell phones and electronic formats may not work. Councilwoman Powers made a motion to approve Ordinance 20-6 Amending Chapter 26 (Civil Emergencies) of the Code of Ordinances. Councilman Turner seconded the motion. Vice Mayor Luttrell made a motion to amend the three-day period to seven days. Councilman Keen seconded the motion. The amendment passed by a unanimous roll call vote. The Ordinance as amended then passed by a unanimous roll call vote. E. City Manager Report: City Manager Sorah discussed meetings regarding reopening the State of Tennessee. In relation, he has been contacted regarding what it would take for the City to reopen. It would not take much because City operations have been continuous. He asked if City Council would like to meet on April 23^'' or if the next meeting should be April 28^^. City Council felt meeting on April 23'"'' should not be necessary. They requested the Sullivan County Health Department to speak at the next meeting. Councilman Turner asked if Dr. Tudor was being requested to attend the Zoom meetings. City Manager Sorah stated that she had been invited and will attend for items that involve the Bristol Tennessee City Schools. City Council requested an update from Ballad Health and an update from the schools regarding the Vance Middle School construction project and their budget.  Special Called City Council Meeting April 20, 2020 Page 6 of 7 F. Council Comments: Councilman Keen requested an update on the Shelby Street Project with the Albatross Group and an update on the implementation of building regulations. Vice Mayor Luttrell said he hopes the testing results will be more favorable than expected. Councilman Keen asked if the Governor will speak on April 28^^ and discuss reopening in phases. City Manager Sorah said he has not heard a hard date at this time. Councilman Keen asked how we lift our State of Emergency. Mayor Feierabend replied the recommendation of the Sullivan County Tennessee Health Department would be followed. She discussed increased testing and availability of the test results. The Health Department has requested more staffing. When contacting the legislators to discuss electronic meetings they should also request funding support for the Health Department. Councilman Turner asked what we should do to prepare if the Governor opens that State but the Sullivan County Health Department recommends differently. City Manager Sorah said that the Chief Medical Officer at the Sullivan County Health Department has the authority to issue a Safer at Home Order if the City feels otherwise. Mayor Feierabend stated that we should continue to work together as much as possible within the leadership for the region. Councilman Turner asked what preparations need to be made for the actual date the City opens. Mayor Feierabend said the City will reopen in phases and it depends on what the Governor says. She went on to say that people need to be considering how they can meet social distancing guidelines and provide safety for their customers. A discussion ensued of when to meet after the Governor makes his announcement on April 28'"^. Councilwoman Powers requested clarification about the funding the City would be receiving from the CARES Act(Coronavirus Aid, Relief, and Economic Security Act). City Manager Sorah said that funding from the CARES Act is only for cities with a population over 500,000. The City of Bristol, Tennessee is not receiving any funds from the CARES Act at this time, however, the City is receiving approximately $623,000 from the State of Tennessee to fund capital projects. Councilman Keen asked if we are sure that the Chief Medical Officer has the authority to issue a Safer at Home order. City Manager Sorah said he had been advised that he does. City Manager Sorah asked that City Council hear from the Sullivan County Health Department and wait to see what they advise. The Health Department is aware of the economic situation and how large of an impact it is having on businesses. Councilwoman Powers stated that City Council has always been concerned about physical health, mental health, and then the economic situation and they will continue to do so.  special Called City Council Meeting April 20, 2020 Page 7 of 7 There being no further business, the meeting was adjourned at 11:53 a.m. by Mayor Feierabend. ^argaret Feierabend, Mayor Tara E. Musick, City Recorder