City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING August 3, 2021 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, August 3. 202 1 at 7:00 P.M. in the Slater Center Auditorium . ROLL CALL: Present: Mayor Mahlon Luttrell , Vice Mayor Vince Turner, Councilwoman Margaret Feierabend, and Counci lwoman Lea Powers. Others Present: City Manager William Sorah, City Attorney Danielle Smith, C ity Recorder Mary Lee Williams, Director of Development Services Tim Beavers, Director of Parks and Recreation Terry Napier, Fire Chief Mike Carrier, Police Chief Matt Austin, Director of Community Relations Jon Luttrell, Director of Econom ic Development Tom Anderson, and other members of Ci ty staff. INVOCATIO N AND PL EDG E OF ALLEGIANCE: Scott Emerine, Associate Pastor of Covenant Fellowship Church. gave the invocation and Counci lwoman Lea Powers led the pledge of allegiance. AGENDA ADD ITIONS AN D / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: National Fa rmers Market Week - Councilwoman Margaret Feierabend read a proclamation designating August 1-7, 2021 as Farmers Market Week. Mr. Mike Musick. Recreation Superintendent and Market Manager, was in attendance to accept the proclamation and thanked Counci l for the recognition. Bristol Tennessee Fire Department - Anne Dunham, Digital Media and Communi cations Manager, presented information on the Fire Department and the award. The Bristol Tennessee Fire Department (BTFD) responds to more than 5.000 calls for help annually with approximately 80% of those calls being for medical emergencies. The BTFD began responding to medical calls in 1989 working in partnership with the Bristo l Life Saving Crew. In 2004, with the approval of the City and the Tennessee Legislature, the BTFD became the City' s sole ambulance provider. Ambulances are now housed at four of the City's five fire stations and all department personnel are trained to perform the duties of firefighters and medical first responders. The department operates a Class A ambulance service, which is the highest classification possible. In 2020 after more than a year of preparation, the BTFD lead by Chief Mike Carrier gained state approval to become the state ' s first fire department approved to operate its own advanced EMT training program. Captain Darrell Meares is the program coordinator and lead instructor whose education and professional credentials were key to gaining state approval for the training program. Assisting him are Firefighter/ Paramedic Scott Key and Fi refighter/Paramedic Steven Carroll both of whom are also certified instructors with more than two decades of teaching experience. Firefighter/ Paramedics Jason Derrick, Jason Hilton, and Bill Nun ley also provide instruction. These highly trained and experi enced fire personal are the core of this training program. In addition to cost  City Council Meeting August 3, 2021 Page 2 of 7 savings, this program has expedited training by allowing multiple members of our Fire Department to complete training simultaneously. The program also includes a team approach to teaching with everyone sharing their experiences, and helping the students study in between calls, and discussing emergency scenarios all of which provide enhanced trai ning. The Advanced EMT Training Program not on ly provides an invaluable service, but has also earned the BTFD the designation of being a 2021 Healthcare Hero by The Tri-Cities Business Journal. The official award was presented during a private ceremony at Station 5 last week and will be announced in the next edition of The Business Journal available later this week. Chief Mike Carrier, Captain Darrell Meares, Firefighter/ Paramedic Scott Key, and Firefighter/ Paramedic Steven Carroll were in attendance to accept the award. C hief Carrier provided background information on the training program and complemented this team of instructors. PRESENT AT lO NS: None PUBLIC HEARI NGS: Ordinance 2 1- 10 - An Ordinance to Amend Chapter 7 Flood Plain Districts of the Zoning Ord inance City Manager Bill Sorah stated that over the past several months, the Planning Commission and staff have reviewed the City's floodplain ordinance which is contained within Chapter 7 of the Zoning Ordinance. The ordinance establishes regulations which guide development to ensure compliance with the National Flood insurance Program (NFIP). The City is required to adopt an ordinance that meets NFIP requirements in order for the communi ty to be eligible to obtain flood insurance. The City's existing floodplain ordinance is modeled after an ordinance provided by the State of Tennessee. In addi ti on to the NF IP, the City participates in the Community Rating System (CRS) which is a voluntary program that recognizes floodp lain management practices that exceed the minimum requirements of the NFIP. The City of Bristol currently has a CRS Class 8 rating which allows property owners to obtain a 10% reduction in flood insurance rates. ln January of this year, the CRS implemented a new Class 8 standard that requires the City to adopt and enforce a I-foot freeboard requirement for a ll residential buildings constructed or being substantially reconstructed where the base flood elevations have been determined on the Flood Insurance Rate Map. While this requirement has been a long- standing practice, it has not been appropriately codified. This amendment was approved on first reading at the July 13th Council meeting. Tim Beavers, Director of Development Services, presented slides detailing the proposed changes. There were some definition updates and clarification of the type of cost estimates needed for substantial improvements to a building, w hich provides more detail eliminating arbitrary recommendations by the staff. T he changes added a new requirement for a finished construction elevation certificate for the whole bui lding to be issued prior to issuing certificate of occupancy. However, the main change is elevating the mechanical equipment in homes, such as a hot water heater and HY AC system, to one foot above the base flood elevation. This has been the practice of the City for at least the last 30 years, but it has never been codified. To maintain the current CRS rating req uires it to become part of the written ordinance. They also added language for a Conditional Letter of Map Revision (CLO MR) for options for people if they want to encroach in the regulatory floodway. The changes were presented to the Planning Commission at their June 21 st meeting and they voted unanimously to forward a favorable recommendation for adoption of the updated Flood Ordinance.  City Counci l Meeting August 3, 202 1 Page 3 o f 7 There was no discussio n and the publ ic heari ng was closed . APPEARANCE O F CIT l ZENS: Dr. Samuel Weddington, Senio r Pastor of First Presbyterian C hurch, spoke about the Bristol V irginia Landfi ll and the fu mes impacting the Fairmo unt Area in Bristol, Tennessee. The fumes are maki ng him sick, they are a nuisance, and he feels the community is being poisoned. He requested thi s Counc il take a more acti ve ro le in helping lead this community and in addressing the problem . While the landfi ll is not in in the Bristol, Tennessee Council j urisd iction, he fee ls the Counci l is not powerless and encourages the development of a joint agreement between the two cities to ward resolving the problem. He asked if this Council trusts Bristo l, Virginia to handle this matter effectively. While the problem source is in Bristol, Virginia, it is impacting both sides of town in matters of health and economy. He requested Council to act unti l this matter is reso lved. APPOINTMENTS: Better Property Boa rd - City Counci l add ressed the vacancy of two seats on the Better Property Board. Councilwoman Feierabend spoke on behalf of candidate Jo hn Tay lor. She was unabl e to speak w ith John Jones and wil l not be voting for him, but onl y because she does no t know him o r anything about him . Council woman Powers concurred . M r. John Taylor was unanimo usly appointed to the Better Property Board to serve a term of office ending June 30, 2024. Tree Board - City Counc il addressed the vacancy of one seat on the Tree Board. Counci lwoman Feierabend spoke of behalf o f the candidate. Ms. Susan Tanner was unanimously appo inted to the Tree Board to serve a term of office ending J une 30, 2025. ORDI NANCES AND R ESOLUTIONS: A. First Reading of New Ordinances: None B. Adoption of New Ord inances (Second Reading): Ordinance 21-10 - An Ordinance to Amend Chapter 7 Flood Plain Districts of the Zonin g Ord inance This item was summarized during the Publ ic Hearing portio n earlier on this Agenda. Counci lwoman Feierabend mo tioned to approve and Counc ilwoman Powers seconded . There was no discussio n and the ordinance passed unanimo usly by ro ll call vote. Ordinance 21-11 - A n Ordinance to A mend Chapter SO (Offenses and Miscellaneous Provisions) of the Code of Ordinances to Prohibit Smoking in Pu blic Parks, Public Playgrounds and Certain Other Public Property City Manager Sorah reviewed that earlier this spring, Co uncil approved Ordinance 2 1-7 prohibiting smoking in publ icly owned playgrounds. This was fo ll owing the approval of Public C hapter 529 by the Tennessee General Assembly in 2020 which provided local governments with the statutory autho rity to pro hibit smoking in public playgrounds. The definiti ons were fairly narrow and did not include vaping products and were specific to playgrounds and did not include parks or other public spaces.  City Council Meeting August 3, 2021 Page 4 of 7 ln 2021, the Tennessee General Assembly approved Public Chapter 551 which added the use of vaping products to the definition of specific --smoking" products. In addition, the legislation broadened the areas where smoking could be prohibited to include public parks, greenways, and other public property accessible to use by yo uth. T his was discussed with Counci l at the recent work session and it was suggested this be brought back in terms of an amendment to Section 50-26.1. Ordinance 21- 11 adds vaping products to the definition of smoking and broadens the areas where smoking would be prohibited to include not only playgrounds, but public parks, public greenways, and other publ ic property accessible to use by youth that is owned by the City of Bristol. This item was approved on first reading last month . Councilwoman Powers motioned to approve and Vice Mayor Vince Turner seconded. Councilwoman Feierabend thanked legislature for expanding the definitions and making it easier to enforce. There was no additional discussion and the ordinance passed unanimously by roll call vote. C. Resolutions : Resolution 21 -83 - A Resolution Auth orizing Entry into a Development Agreement w ith A. G. Commercial, G.P., and the Conveyance of Property to the Industrial Development Board The City Manager summarized that in July of 2020, Council approved Resolution 20-41 authorizing a Purchase and Sale Agreement with A.G. Commercial. G.P., for the acquisition of property located at 714 Shelby Street. In addition, Council approved Resolution 20-42 authorizi ng the use of Tax Increment Financing (TIF) incentives in support of this development. Staff has recently met with the developer to address the rapid escalation of building materi al costs that have challenged the advancement of the proj ect. The result of these d iscussions has led to the proposed Development Agreement with A.G. Commercial , G.P., the Industrial Development Board (IDB), and the City of Bristol. Under the proposed agreement, the developer will construct the project as a mixed-use commercial I residential development as originally contemplated in a previous development agreement. To advance the proj ect, the City wi ll transfer the property located at 714 Shelby Street to the ID B and the IDB will sell the property to the developer for a sum of $1,037,382. At closing, the developer will execute a promissory note to the IDB for the purchase of the property. T he prom issory note will provide that if certain mil estones are met at specified time intervals, the IDB will grant fo rgiveness for that portion of the promissory note as the milestones have been met. The prom issory note will be secured by a deed of trust for the property. The [08 will subordi nate the deed of trust, at the request of the developer, for the purpose of securing funding for the project. However. the IDB would not subordinate the deed of trust prior to the completion of the third milestone. Lastly. the transfer of the property to the developer through the IDB represents a substantial local incentive to advance the project. As a result of this local incentive, the developer will no longer seek TIF or any additional local incentive. included on the consent agenda this evening is a resolution that will sunset the TIF conditions. Tom Anderson, Director of Economic Development, J.J . Gillenwater and Blair Jones representing A.G . Commercial, and Bill Prince with BurWil Constructi on were all present to answer questions. Councilwoman Powers commented the resolution in the consent agenda repeals the TIF which, along with the purchase price of the property, makes the City whole. She listed the mi lestones and went on to say the City making a purchase of this type is a good investment of the people·s money. Although this project has taken a long time and a lot of work to get to this point, it will be an asset to the communi ty and steps have been taken to protect the people by putting the milestones into place to ensure if at any point there is default on a milestone the property wi ll be returned to the City.  City Council Meeting August 3, 2021 Page 5 of 7 Mayor Luttrell added a project such as this is a once in a lifetime opportunity for a community of this size. There are a lot expectations for deliverables on this project. It is a great project for our commun ity and the milestones will be monitored very closely. Tom Anderson mentioned it is a wonderful project and is an opportunity to change the face of the community in a positive way. Vice Mayor Turner stated it is a wonderful proj ect, but upon the advice of legal counsel due to a possible confl ict of interested he will not be voting on this issue. Councilwoman Feierabend motioned to approve and Mayor Luttrell seconded. The resolution passed by roll call vote as follows: Councilwoman Feierabend Yes Councilwoman Powers Yes Mayor Luttrell Yes Vice Mayor Turner Abstained Mr. Anderson said there will be a called meeting of the IDB on August 9th to secure their portion of the development agreement. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilwoman Feierabend motioned to approve and Councilwoman Powers seconded. The fo llowing items were approved by unanimous Counci l roll call vote: • Minutes July 13, 202 1 Called Joint Meeting of City Council and BTCS Board of Education • Minutes J uly 13, 2021 City Council Meeting • Minutes July 27, 2021 City Council Work Session • Resolution 21-84 A Resolution Designating Members of the City Council to Serve on City Boards and Quasi-Municipal and Non- Municipal Agencies • Resolution 2 1-85 A Resolution Awarding a Bid for the Purchase of Bulk Highway Salt • Resolution 2 1-86 A Reso lution Adopting Amendment # I to the City of Bristo l Tennessee Group Health Plan • Resolution 2 1-87 A Reso lution Adopting Amendment #2 to the City of Bristo l Tennessee Group Health Plan • Resolution 2 1-88 A Reso lution Adopting Amendment # 1 to the City of Bristo l Tennessee Group Dental Plan  City Council Meeting August 3, 202 1 Page6of7 • Resolution 2 1-89 A Resolution Approving an Amendment to the Administrative Services Agreement for the C ity's Health and Dental Plans • Resolution 2 1-90 A Resolution Awarding a Proposal to BurWil Construction Company for Evaluation of 2000 West State Street • Resolution 2 1-9 1 A Resolution Approving an Application for a Certificate of Comp liance for a License to Sell Alcohol ic Beverages at Retail in the City of Bristol, Tennessee • Resolution 2 1-92 A Resol ution Repealing Resolution 20-42 Related to the Approval of TheSeven 14 Building Project Tax Increment Financ ing Amendment to the Downtown CBD Redevelopment District BOARD OF EDUCATION LlAISON REPORT: Dr. Annette Tudor, Director of Schools, agreed with Mr. Anderson the project approved earlier on the agenda will forever change the landscape of downtown Bristol and she believes that also holds true with the new middle school faci lity. The first day of school was yesterday and was only two hours, but allowed the middle school students to experience the new fac ility where they w ill be attending school. She thanked the C ity for notifying the community school is back in session and to be careful in and around school zones thro ughout the community. She thanked the Police Department for their assistance during the times of arrival and dismissal, especially as they work through the logistics at the new middle school. COVID guidance for returning to school has been issued and whi le masks are currently not required, they are strongly encouraged particularly inside the buildings. Social distancing wi ll be fo llowed as much as possible in the classrooms and the frequen t facility c leanings will continue w ith teachers cleaning surfaces in the classrooms and staff cleaning the common areas. Visitors continue to be limited during the school day, but they are allowing fami lies to participate in events and activities in the evening if they so choose such as athletic events or PTA meetings . They have received preliminary data from the spring testing which points to the best place fo r the students to be is in school. CITY MANAGER'S REPORT: City Manager Sorah asked Council for a date for a called work session to discuss the property tax rate fo r FY2022. He suggested having one or more work sessions followed by a called meeting for first reading with the potential of having second reading at the regular Counci l meeting September 7th. The City Charter requires seven days between first and second reading with a public hearing scheduled prior to the second reading. T he timing is important as the public needs to be in fo rmed and tax notices must be prepared and mailed. Discussion took place with 3:00 P.M. on August 10th selected for a called work session in the Annex conference room. August 11th at 11 :30 A.M. is the State of the Cities luncheon in the Bristol Train Station. The regular work session wi ll be at 11 :00 A.M. on August 24th. The Ci ty Manager congratulated the Fire Department, Chief Carrier, and staff as receiving the Healthcare Hero recognition by The Tri-C ities Business Journal is quite an accomp li shment. The City is proud of Chief Carrier, the staff, and entire Fire Department. He congratulated Police Chief Matt Austin on his  City Council Meeting A ugust 3, 202 1 Page 7 of 7 new pos1t1on. He attended the last Council meeti ng as Interim Police C hief and City Manager Sorah welcomed him in his new capacity. CITY COUNCIL COMMENTS: Councilwoman Powers informed everyone there will be a ground breaking for a new Sullivan County EMS facili ty off of River Road at 9:00 A.M . Friday, August 6th. This a great example of collaboration as the City donated this land to the County for the purpose of building an EMS fac ility. Bristol Rhythm & Roots countdown is on and vo lunteers are needed. She thanked Dr. Sam Weddington for attending and she would like to see a j oint community meeting so questions could be presented to all those invo lved and provide an opportunity for transparency of answers. Council had a good work session last week and she is looking forward to more discussion about Steele C reek Park and exploring the potential uses. There are needs for homeless, social services, and ch ildren which is why the discussions on the tax rate are so important. Councilwoman Feierabend continued the conversation about needs of the homeless and shared information on some of the available resources that can help. C hi ldcare is receiving more attention through the film "Starting at Zero" released through the Accountable Care Community wh ich addresses health fro m a community perspecti ve and is partially funded by Ballad Health. The film promotes earl y ch ildhood and brain development and stresses the importance of quality accessible childcare and how it impacts the economy today and our future economy and workfo rce. She visited the National N ig ht Out event at Viking Hall en route to this Council meeting and thanked all of the public safety groups for working with that event. Counc ilwoman Feierabend mentioned the Education 2 Employment (E2E) Summit will be A ugust 25th_ Our downtown is amazing and has some new businesses on both sides of town. COVID is not over and the Delta variant is mo re high ly contagious and affecting the unvaccinated at a higher level. She encouraged vaccinations and mask wearing to help keep everyone healthy especially the chi ldren. Mayor Luttrell talked about a local resident and business owner who is 43 and has COVID. He is serio usly ill and is documenting his process o n social media. He initiall y fe lt a lot of the COV ID situation was fake and did not bel ieve in the vaccine, but he now w ishes he had taken the vaccine and is pleading for others to get vaccinated. The Mayor thanked everyone for attending and staff for all their work to help make things happen. There being no further business, the meeting was adjourned at 8: 17 P.M . ~~Eit:J Mahlon Luttrell , Mayor