City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING June 2, 2020 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Margaret Feierabend on Tuesday, June 2, 2020 at 7:01 P.M. The meeting was held electronically via Zoom. 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 other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Ms. Tina McDaniel, member of Black/White Dialogue in Johnson City, gave the invocation. She quoted from a book written by Dr. Martin Luther King, Jr., and spoke briefly about the recent events across the nation. She expressed appreciation for the local leaders and encouraged everyone to work together for positive change. Ms. Lauren Turner, a 2020 Graduate of Tennessee High School and daughter of Councilman Vince Turner, led the pledge of allegiance. DISCUSSION OF NECESSITY FOR CONDUCTING ELECTRONIC MEETING: City Attorney Danielle Smith explained the requirements for holding an electronic meeting. Mayor Feierabend asked if anyone on Council objected to holding an electronic meeting. The electronic meeting is necessary to protect public safety, health, and welfare due to the Coronavirus pandemic. Councilman Turner motioned to approve holding the meeting electronically and Vice Mayor Mahlon Luttrell seconded. The motion was approved unanimously by roll call vote. AGENDA ADDITIONS AND / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Alzheimer's & Brain Awareness Month - Councilman Vince Turner read the proclamation designating the month of June 2020 as Alzheimer's & Brain Awareness Month. National Homeownership Month - Councilman Vince Turner read the proclamation designating month of June 2020 as Homeownership Month. Men's Health Month - Vice Mayor Luttrell read the proclamation designating the month of June 2020 as Men's Health Month.  City Council Meeting June 2, 2020 Page 2 of8 PRESENTATIONS: Census Update - Kevin Flanary, Partnership Specialist with the United States Census, gave a brief update on the 2020 Census. The current self-response rates (only) are 60.5% nationally, 60.6% for Tennessee, 61.8% for Bristol, and 63.3% for Sullivan County. The deadline for self-response was supposed to be July 3U*, but that has been extended to October 3 U' which will help increase the number of responses. The timeline for census field operations has been extended due to the pandemic. This could help in participation rates. "Bristol Counts" Complete Count Committee was recognized for their outstanding efforts last week by the Philadelphia Regional Center. The Committee has remained vigilant through COVID-19. Mayor Feierabend thanked staff and Bristol Tennessee City Schools for all oftheir hard work. PUBLIC HEARINGS: None. APPEARANCE OF CITIZENS: None. APPOINTMENTS: Sullivan County Board of Equalization - City Council addressed the vacancy of one seat on the Sullivan County Board of Equalization for a term of office ending April 30, 2022. Mayor Feierabend and Vice Mayor Mahlon Luttrell spoke in favor of the candidate, David Warren. Mr. David Warren was unanimously appointed to the Sullivan County Board of Equalization to serve a term of office ending April 30, 2022. The Mayor expressed her appreciation for all those serving on the boards and commissions. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 20-7 - An Ordinance to Adopt a Budget, and Appropriate Funds for the Fiscal Year July 1,2020 through June 30,2021 City Manager Bill Sorah explained Ordinance 20-7 is considered on first reading for formal adoption of the Fiscal 2021 Budget and Appropriations ordinance for the fiscal year beginning July 1, 2020. The Fiscal 2021 Budget totals $135,511,831. This reflects an increase of $14,453,299 or 11.9% from the Fiscal 2020 Budget. In addition. Ordinance 20-7 establishes the property tax levy at the current rate of $2.1612 per $100 of assessed value. The proposed budget maintains the current solid waste fees, stormwater fees, and water and sanitary sewer rates. The municipal government portion of the budget stands at $73,640,367 an increase of $11,627,875 or 18.8% from the Fiscal 2020 Budget. The majority of this increase is related to a refunding of approximately $9.5 million that will be discussed later on the agenda and will provide significant savings over the remaining life of the General Obligation Bond. The proposed budget focuses on the key themes of economic development, education, infrastructure, and public safety. The budget continues all city programs and services as in the past while making strategic capital investments to meet the future needs of the community. Major projects, most of which are funded either partially or completely by grants, include the redevelopment of the 700 block of Shelby Street, reconstruction of East Cedar Street, relocation ofa portion of Island Road,construction ofsidewalks along Virginia Avenue from East Cedar  City Council Meeting June 2, 2020 Page 3 of 8 Street to Hazelwood Street and Bluff City Highway from Edgemont Avenue to Lavinder Lane, improvements to the bio-solids handling process at the wastewater treatment plant, and the resurfacing of approximately thirteen lane miles of roadway. Key partnerships include the continued development of Tri-Cities Airport's Aerospace Park, site development at Bristol Business Park, and improvements at Partnership Park II. The proposed Fiscal 2021 includes a 1% cost of living adjustment for City employees. The school system portion of the budget totals $61,871,464, an increase of $2,825,424 or 4.8%. This increase is primarily attributable to the $2,570,205 increase of funds in the School Capital Facilities Fund. This fund accounts for the disbursement ofproceeds from the Sullivan County school construction bonds and will be available for the continued construction of the new middle school. The budget as presented this evening reflects the changes requested by Council during the work session of yesterday. If approved on first reading, a public hearing and second reading is scheduled for Tuesday, June 9, 2020. Councilman Turner questioned whether the budget can be amended later on as more information about COVID-19 issues and sales tax becomes available. City Manager Sorah answered yes and explained that process. Councilwoman Lea Powers motioned to approve and Vice Mayor Luttrell seconded. Councilwoman Powers expressed appreciation to City staff for the numerous hours and hard work to prepare this budget under the unusual challenges of the current circumstances. She continued by thanking Council for the excellent communication and exchange of ideas during the work session of the previous afternoon. The Vice Mayor concurred with her comments. Mayor Feierabend also mentioned the challenges during this unusual time and the approximately six weeks delay to receive the sales tax reports. At this time the information on sales tax for the month of April is still not available. Ordinance 20-7 was approved unanimously by roll call vote. Ordinance 20-8 - An Ordinance to Amend the Appropriation of Funds and Budget for the Fiscal Year July 1, 2019 through June 30,2020 The City Manager summarized Ordinance 20-8 is basically a housekeeping measure that amends the Fiscal 2020 Budget and Appropriation Ordinance for the General Purpose School Fund,School Nutrition Fund, Electronic Citation Fee Fund, Solid Waste Fund, Debt Service Fund,and Capital Equipment Fund. The amendments reflect increased revenues or expenditures beyond those originally anticipated during the development of budgets for the respective funds. The General Purpose School Fund is proposed to increase by $630,000 due to increased capital outlay and operating costs. The School Nutrition Fund is proposed to increase by approximately $140,000 to reflect additional operating costs. The Electronic Citation Fee Fund will increase by $3,875 to reflect additional revenues beyond those originally budgeted. The Solid Waste Fund is proposed to increase by $229,840 to reflect increased tipping fees associated with disposal costs and equipment repairs. The Debt Service Fund is amended to reflect the refunding of $6,215,000 of General Obligation Bonds during Fiscal 2020, and the Capital Equipment Fund is proposed to increase by $96,450 to reflect the acquisition of the new stage for the Downtown Center.  City Council Meeting June 2, 2020 Page 4 of8 As in years past, this amendment is necessary as a "house-keeping" measure to ensure compliance with legal requirements established for the adoption of municipal budgets. If approved on first reading, a public hearing and second reading will be scheduled for June 9^*^. Councilman Chad Keen motioned to approve and Councilman Turner seconded. Ordinance 20-8 was then approved unanimously by roll call vote without further discussion. B. Second Reading of New Ordinances: None. C. Resolutions: Resolution 20-32 - A Resolution Adopting Economic Development Incentive Program Policies City Manager Bill Sorah summarized Resolution 20-32 formally establishes the City's Economic Development Incentive Program for attracting new business and facilitating the growth of existing business. The policy document provides guidance to City Council, the City's economic development boards and staff regarding the use of incentives to stimulate the local economy. The program details the potential use of Payment In Lieu of Tax (PILOT) arrangements. Tax Increment Financing (TIF's), and infrastructure improvements as development incentives. In addition, the policy document provides quantifiable metrics to be used to determine the appropriate level of project incentive based upon the value of the new or expanding business to the local economy. Lastly, the document addresses "claw- back" provisions in the event a business does not meet the performance metrics detailed in their incentive agreement. Mr. Tom Anderson,the City's Economic Development Director, then gave a brief overview of the program. Councilwoman Powers asked for clarification about whether there can be multiple incentives for one project. Mr. Anderson explained that there are limited 'tools in the toolbox' locally. Some things are available through the state and there could be some workforce investment act money available which is federal. All of these can be stacked to become a very competitive package to help bring a desirable industry / business to this area, but there are both local and state performance-based metrics that help quantify success and failure before providing incentives. This provides the metrics to quantify performance expectations as they relate to provision of incentives. Vice Mayor Luttrell motioned to approve Resolution 20-32 and Councilwoman Powers seconded. There was no further discussion and the resolution was approved by unanimous roll call vote. Resolution 20-33 - A Resolution Authorizing the Issuance of General Obligation Refunding Bonds of the City of Bristol, Tennessee in the Aggregate Principal Amount of Not to Exceed $9,725,000 The City Manager summarized this resolution authorizes the refunding of the 2013 Series A General Obligation Bonds. This was the first option funding that allowed the Pinnacle Project to move forward. Mr. Scott Gibson, Cumberland Securities, serves as the City's financial advisor and he was in attendance to review the refunding opportunity and discuss the City's outstanding general obligation debt. It has been recommended the City consider the refunding of approximately $9,725,000 of outstanding general obligation bonds to take advantage oflower interest rates. The refunding of this debt could result in the gross savings of approximately $918,845 in principle and interest payments over the remaining life of the bonds. Following the inclusion of bond issuance and legal costs, it is anticipated the City will realize a net present value benefit of $753,441.  City Council Meeting June 2, 2020 Page 5 of 8 Councilman Keen motioned to approve Resolution 20-33 and Councilman Turner seconded. As there was no further discussion, the resolution passed unanimously by roll call vote. Resolution 20-34 - A Resolution Authorizing Entry into an Agreement Related to City-County Sewer Agreement The City Manager stated in April of 1996, Sullivan County and its three municipalities entered into a twenty-five year agreement to guide the extension of sanitary sewer service in the unincorporated areas of Sullivan County. The agreement set forth the obligations of both the county and its municipalities regarding the funding of infrastructure and the provision ofsewer collection and treatment services. The agreement obligated Sullivan County to provide funding for the extension of trunk sewers to the unincorporated areas identified in the agreement. As the ending date of the agreement is nearing, there was discussion approximately 15 months ago about redirecting some of the dollars that had been set aside for some projects in the Bristol area to the Weaver Pike area. The Sullivan County Commission, in February of 2019, approved Resolution No. 2019-02-19 Item 14 amending the City-County Sewer Agreement. The amendment replaced three existing sanitary sewer projects (Paperville Knob Sewer, Beaver Creek Road Sewer, and Evans Creek Phase 2 Sewer) in the Bristol area with the Weaver Pike Area Sewer project. The Weaver Pike area project scope was divided into three phases with funding to be provided by Sullivan County on a financially feasible schedule. The initial phase provided sanitary sewer service to the new East Middle School and East High School. This area is served by a force main and sewer lift station that pumps sewerage to a gravity trunk sewer located near Weaver Elementary School. Phase II of the project will extend a gravity sewer along Broyles Lane to the Whitetop Creek Trunk sewer and a trunk sewer from Broyles Lane to Weaver Elementary School. Phase III will extend the gravity trunk sewer from Weaver Pike Elementary School to Old Jonesboro Road. The City of Bristol, along with the other municipalities, approved the project amendment in March of 2019. The life ofthe existing City-County Sewer Agreement terminates in April of 2021. Recognizing that this timeframe does not allow for the completion ofthe Weaver Pike area sewer project, the Sullivan County Commission has approved an extension of the agreement to fulfill this funding commitment by December 31, 2029. This commitment is memorialized in a new two-party agreement detailing the projects, cost estimate, and completion date. The Weaver Pike area sewer project will benefit Sullivan County in providing sanitary sewer service to the new school as well as to the surrounding land which will allow a change from agrarian use to one of residential. This will enhance the position of Sullivan County as residential growth occurs in that area, but also have a positive impact on the retail sphere of influence for Bristol, Tennessee as the residents would shop in Bristol. Councilman Turner asked for clarification on how the new agreement changes the current one. City Manager Sorah said since the projects in the other areas of Sullivan County are complete, the agreement changes to a two-party agreement between Sullivan County and the City of Bristol, Tennessee and extends the original 25-year term for an additional 10 years to allow for completion of the three phases of the Weaver Pike area project. The connection for Mayor Feierabend got dropped from the meeting and Vice Mayor Luttrell continued the meeting during her absence. Councilman Keen motioned to approve Resolution 20-34 and Councilman Turner seconded. As there was no further discussion, the resolution passed by roll call vote with four votes. Mayor Feierabend was still off-line and unable to vote.  City Council Meeting June 2, 2020 Page 6 of8 CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilman Turner made a motion for approval and Councilman Keen seconded the motion. The following items were approved by unanimous Council roll call vote: ■ Minutes May 5, 2020 City Council Meeting ■ Minutes May 12, 2020 Called City Council Work Session ■ Minutes May 19, 2020 Called City Council Work Session ■ Resolution 20-35 A Resolution Awarding a Bid for Purchase of Taser Sets for the Police Department ■ Resolution 20-36 A Resolution Awarding a Bid for the Purchase of Tactical Ballistic Vest Sets for the Police Department ■ Resolution 20-37 A Resolution Awarding a Proposal for Re-Insurance for the Self-Funded Health Insurance Plan ■ Resolution 20-38 A Resolution Approving an Interlocal Cooperation Agreement with the Emergency Communications District of the City of Bristol, Tennessee ■ Resolution 20-39 A Resolution Approving an Agreement with the Tennessee Department of Transportation for the Maintenance of State Highways Mayor Feierabend was able to re-join the meeting during the reading of the Consent Agenda items. She was glad to hear Resolution 20-34 passed and requested the minutes reflect that she also votes 'yes' making it a unanimous vote. BOARD OF EDUCATION LIAISON REPORT: Dr. Tudor announced the eleven and twelve month administrative staff commenced working on-site again last week. They also have an action plan for the athletes and they returned to school yesterday to work with football, basketball, and volleyball. Baseball was added today. Some regional competition is being considered for the coming weeks so everyone is excited for the start-up of athletics. The plan has been approved by the health department and is monitored weekly by all the regional superintendents so all area schools are doing the same thing. She asked for patience from the community as some of the school facilities are shut down when students are present. For example,the track is closed to community members for exercising when students are present on the track. This is for the safety of the community as well as for the students and coaches. She apologized for any inconvenience, but said the days and times of restricted access are posted at the facilities as well as on the school website. The summer feeding program is continuing and there has been some drop in numbers over the last couple of weeks in comparison to the previous nine weeks. There are banners and pictures of the 2020 graduating seniors displayed along the fencing at the track and Tennessee High School. Welding will be back on the curriculum at the high school next year. There was significant interest from the students and the school system was able to creatively utilize some  City Council Meeting June 2, 2020 Page 7 of8 funding resources to offset the equipment cost and staff cost for the next two years. Pre-kindergarten and kindergarten registration is currently taking place on-line with a possibility of in-person registration in the next few weeks. Councilwoman Powers reassured Dr. Tudor that the City Council is committed to the $2.5 million in funding for the new middle school construction. Councilman Turner agreed and reinforced the commitment. Dr. Tudor replied that she appreciated affirmation of the commitment and the intention of Council was not in question. However, the wording of the previous resolution regarding the funding commitment and the fact that it was issued by the previous Council were the concerns. Mayor Feierabend said that if it is appropriate to do so, a new resolution confirming the funding amount under the current Council can be on the upcoming meeting agenda. CITY MANAGER'S REPORT: City Manager Sorah stated there is a called meeting on June 9'^ at 7:00 P.M. at the Slater Center. A public hearing and second reading of the ordinance approving the budget for Fiscal Year 2021 and the ordinance amending the budget for Fiscal Year 2020 will be on the agenda along with a resolution addressing the funding commitment by Council for the new middle school. Tuesday, June 23'^'^ at 11:00 A.M. is the regular Council work session at the Annex, however, the location may change. Items for discussion for that meeting will include design standards for commercial property, continuing the dialogue for residential incentives, and review the annual appropriation agreements for non-profits prior to formal consideration at the July business meeting. Thursday, June 25*'^ at noon at the Steele Creek Lodge the Community Development staff will host a luncheon with residential developers and members from the real estate community. This is to provide an opportunity to discuss existing development incentives, learn about any existing obstacles to development within our community, and discuss vacant property inside and outside the corporate limits but within the vicinity of trunk sewer or water distribution mains that might lend itself to residential development. During the work session yesterday, staff received an electronic transmission from the Tennessee Department of Transportation authorizing the City to proceed with bidding for the long-awaited East Cedar Street reconstruction project. Mayor Feierabend was excited the Hast Cedar Street project has finally received the approval to move forward. CITY COUNCIL COMMENTS: Councilman Turner was pleased with the work session yesterday. He is glad to see people returning to downtown and that the area is beginning to return to a more normal status with more businesses opening back up. Councilman Keen is glad other Council members reassured Dr. Tudor concerning the funding commitment for the middle school and then congratulated the 2020 graduates. An outcome of the work session discussion yesterday was the information that our per capita debt is in good shape. In addition, he was very impressed by how our Fire and EMS services work together to ensure the entire City limits are covered. Councilwoman Powers said we are in a period of great transition which can bring about great transformation. We currently have some challenges, but we also have some great opportunities. She feels we have good government, but also feels now we can transition to an even better government going  City Council Meeting June 2, 2020 Page 8 of8 forward. She expressed her appreciation for the open mindedness of all involved and is very hopeful for the future. Vice Mayor Luttrell commented we are going through a very exciting period again with schools coming back to life, businesses opening up again, and more vehicles on the roadways. Programs and projects as discussed during this meeting are good for the community. We are still in a time of healing with many concerns, but he feels there is no community in the nation that is better than this one. He also requested Dr. Tudor to not hesitate to contact the Council if there are ever any concerns they need to address or clarify. Mayor Feierabend thanked Council for all oftheir comments—of hope, looking to the future, transition, and transformation—and she concurs. However, we are still in difficult times and the COVlD-19 cases in the state are beginning to rise which was expected with the reopening. This area is blessed to continue to have such few cases but the virus is still with us and she encouraged everyone to remain diligent with precautions using masks, social distancing, and sanitizing. The country is having a tough time with inequities such as racism which is present across the country. The demonstrations, vigils, walks, and marches held in Bristol brings us together in community with each other, across state lines, and across the country. In community we come to recognize we have problems that are not addressed, that are centuries old, problems that some do not see, and some that cause loss of life. We need to walk on this journey to resolve problems, to move in community and in urgency, to be together in hope, to listen to and understand each other, to support, learn, and to have meaningful and lasting change. All lives matter. Working together we all need to be the change that we want to see. There being no further business, the meeting was adjourned at 8:37 P.M. 7^ Tara E. Musick, City Recorder