City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING September 7, 2021 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was call ed to order by Mayor Mahlon Luttrell on Tuesday, September 7, 202 1 at 7:00 P.M. in the Slater Center Aud itorium. ROLL CALL: Present: Mayor Mahlon Luttrell , Vice Mayor Vince Turner, Councilwoman Margaret Feierabend, Councilman Chad Keen, and Councilwoman Lea Powers. Others Present: City Manager William Sorah, City Attorney Danielle Smith, City Recorder Mary Lee Williams, Director of Development Services Tim Beavers, Director of Parks and Recreation Terry Napier, Fire Ch ief Mike Carrier, Police C hief Matt Austin, Director of Community Relations Jon Luttrell, Director of Econom ic Development Tom Anderson, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Dr. Kris Aaron, Pastor of First Baptist Church, gave the invocation and Mayor Mahlon Luttrell led the pledge of allegiance. AGEN DA ADDITIONS AN D / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Suicide Prevention Awareness Month - Councilwoman Lea Powers read a proclamation designating September 2021 as Suicide Prevention Awareness Month. Kayla Sharpe, Tennessee Suicide Prevention Network Northeast Regional Director, was in attendance to accept the proclamation. Child Passenger Safety Week - Counci lwoman Margaret Feierabend read a proclamation designating September 19-25, 2021 as Child Passenger Safety Week and September 2151 as Buckle Up For Life Day. Melanie Fleenor, Bristol Virginia Transportation Planner. and Assistant Fire Chief David McGlamery were in attendance to accept the proclamation. Assistant Fire Chief McGlamery spoke about the partnership that was set up by Bristol's Promi se between the Cities of Bristol, Tennessee, Bristol, Virginia, and Bristol's Promise. It is a great partnership that works well for the community and saves lives. Recognizing 60 Years of Racing at Bristol Motor Speedway - Councilman Chad Keen read a proclamation recognizi ng 2021 as marking 60 Years of Racing at Bristol Motor Speedway. Logan McCabe, Community Outreach and Engagement Manager of Bristol Motor Speedway, was in attendance to accept the proclamation. Mr. McCabe thanked Council, the City, and the community for their support. Tennessee Highway Traffic Safety Awards - Mayor Luttrell recognized the Bristol Tennessee Police Department (BTPD) for their participation in the 33rd Annual Law Enforcement Challenge (LEC) of the Tennessee Hi ghway Safety Office. This program provides an opportunity for law enforcement agencies to demonstrate the traffic safety initiatives they promote in the communities they serve. The BTPD was  City Counci l Meeting September 7, 202 1 Page 2 of 8 awarded First Place in the 71-100 Officers Di vision as well as being the LEC Overall Winner, scoring higher than all other agencies in the State of Tennessee. Police Sargent Mike Sti ll and Police Chief Matt Austin were in attendance to accept the recognitions. Chi ef Austin explained the process for participation in this Challenge and that all the information / statistics are submitted to and graded by the state. The BTPD was awarded first place among the same size agencies across the state. In addition, the highway safety programs executed here and the effectiveness of those programs scored the hi ghest of any agency in the entire state of Tennessee. He compl imented the Police Department for the partnerships within the Department that enable such accomplishments while working together to improve the safety of the community. Sargent Still gave further information on traffic enforcement activities of the Department in their efforts to increase local highway traffic safety. Fire Prevention Week - Vice Mayor Vince Turner read a proclamation designating October 3-9, 202 1 as Fire Prevention Week. Assistant Fire Chi ef David McGlamery was in attendance to accept the proclamation. He gave some background on the origin of fi re prevention and thanked Council fo r the recogni tion of Fire Prevention Week. Councilwoman Feierabend recognized the Honors Government Class from Tennessee High School who were in attendance. PRESENTATIONS: None PUBLIC HEARINGS: None APPEARANCE OF CITIZENS: Jason Booher, 228 Haley Walk, Bristol. Tennessee, spoke as a ci tizen. He has joined other residents of Bristol, Tennessee bei ng affected by the Bristo l Virginia Landfil l. He has only been affected about 6 weeks. He lives about 3 miles away from the landfill and the effects are getting worse. He thanked Council for all they do to serve the City. He understands their hands are tied to a certain degree and that they did not create the problem, but our citizens are being affected- physically, mentally, and in quality of li fe. He encouraged Counci l to exercise every opti on to put pressure on the City of Bristol, Virgin ia to resolve this issue. He has zero confidence in the business (not the people) of the City of Bristol, Virginia to properly and adequately resolve the problem. Katie Sword, 109 Trey Circle, Bristol, Tennessee, spoke about the landfill issue and stewardship. She wants to protect what she loves and wants to make sure Council knows that many people are being affected by this problem. She smells the landfill everywhere except her classroom. Her son gags, she gets headaches, and her students complain from the odor. She requested City Council ask for a public health assessment from the Tennessee Department of Health. Rev. Dr. Samuel Weddington, 2 16 Forest Hill s Drive, Bristo l, Tennessee and Senior Pastor of First Presbyterian Church, spoke about the Bristo l Virginia Landfill. He thanked Council and the City of Bristol, Tennessee for the public statement issued recently about the landfill si tuation. He requested Council be more proactive. An assessment was performed by the EPA and the Virginia Department of Environmental Quality (VDEQ) under the guidelines of the Clean Air Act. The report says there is nothing toxic, but he knows several compounds that are present in all landfill em issions as proven by science were not included in the assessment. Information obtained by the Freedom of Information Act  C ity Council Meeting September 7, 202 1 Page 3 of 8 from the VDEQ li st assessments taken from the emissions stack at £NG EN CO that show some of these same compounds in high proportion. While they are not recognized as hazardous materials by the EPA, they are recognized by OSHA and they set limits for them in the workpl ace. He fee ls they present a direct health threat to the residents of Bristol, Tennessee and says the symptoms reported correlate to symptoms listed for some of these same compounds. He asked Council to petition the Tennessee Department of Health to conduct a public health assessment of the Fairmount area and all areas affected by the odors. Councilman Keen commented he lives nearby and he could not go outside when it gets really bad. Things that can be done include showing up at the Bristol , Virginia City Council meetings and at those held at First Presbyterian Church. A few things have transpired . He persona lly took water samples in the Booher Road area as well as Sinking Creek and there were trace amounts o f certain substances. We can no longer continue to suffer with the sickening smell. Counc il is not leaving any rock unturned and are looking into options. T he City of Bristol, Tennessee has contacted the Tennessee Department of Environmental Control, VDEQ, and the EPA and there were meetings last week with al l of these agencies. The state and federal legis lators have been made aware of the situation. Council cares and is doing everything possibl e to recti fy the problem. Councilwoman Powers agreed with the prior comments and all o f Council is concerned about the welfare of the citizens. The smell is expanding to other areas and continues to permeate everywhere. Staff is exploring options and Counci l is pushing for resolution. She encouraged everyone to stand firm until the issue is reso lved . Vice Mayor Turner told everyone that Council hears them. Whatever has to be done, he w ill be wi lling to support. Councilwoman Feierabend stated that due to the c ircum stances, many indi viduals are doing research on their own. We do not have environmental advocates fo r our area. The local Sierra Club went away and there are no local groups already in place to pursue such environmental issues. She feels that is a gap in the region that needs to be addressed for the current issue as we ll as potential issues in the future. Mayor Luttre ll said to please be assured Council and staff are working on this issue and will contin ue to do so unti l there is resolution. APPOI NTMENTS: Better Property Board - C ity Council addressed the vacancy of one seat on the Better Property Board. Councilwoman Feierabend spoke on behalf of candidate Pamela Ley. Ms. Pamela Ley was unanimously appointed to the Better Property Board to serve a term of o ffice ending June 30, 2024 . ORDI NANCES AN D RESO LUTIONS: A. First Reading of New Ordinances: Ordinance 2 1- 12 - An O rdinance to Amend Chapter 70 (Traffic and Motor Vehicles) of the Code of Ordinances to Regulate On-Street Parking of Commercial and Recreational Vehicles C ity Manager Bill Sorah stated that during the past two months, Council has explored avenues to address on-street parking concerns regardi ng commercial and recreational vehicles in residential areas.  City Council Meeting September 7, 2021 Page 4 of 8 Ordinance 21 -1 2 amends Chapter 70 of the City's Code of Ordinances to prohibit the use of public streets, alleys, and rights-of-way for the purpose of parking commercial or recreational vehicles in residential areas between the hours of I 0:00 p.m. and 6:00 a.m., except for the purpose of actively loading or unloading the vehicle or servicing the adjacent property. During the remaining hours of 6:00 a.m. and I 0:00 p.m., the parking of these vehicles in the public right-of way is limited to two hours daily. Commercial vehicles may exceed the two hour restriction if they are actively loading / unloading, providing construction or maintenance activity on adjacent property, or providing an emergency service. The proposed amendment also provides some definitions. Commercial vehicles are defined as any vehicle with a gross weight of 8,000 pounds or more, designed to carry 16 or more passengers, transporter of hazardo us material, a vehicle or trailer in excess of twenty feet, and a vehicle having three or more axles. Recreational vehicles are defined as motor homes, campers, folding campers, fifth-whee l, and attached or unattached trailers primarily used fo r recreational purposes. In addition, residential areas are defined as areas zoned as residential districts under the City's zoning ordinance. If approved on first readi ng during the September 7th meeting, the matter will placed on the October 12th agenda for final consideration. City Attorney Danielle Smith and Police Chief Matt Austin were in attendance to answer any questions. Counci lwoman Powers motioned to approve and Counci lman Keen seconded. There was no discussion and the ordinance passed unanimously by roll call vote. Ordinance 21-13 - An Ordinance to Esta blish the Property Tax Rate for Fiscal Year July 1, 2021 through June 30, 2022 The City Manager summarized 202 1 is a reappraisal year for Sul livan County in which all real property is reappraised and a certified tax rate is recommended. This is often referred to as the equalized rate. As Council is aware, property taxes are the largest single source of funding for local governments. The CalculaLion Form for Lhe Certified Tax Rafe from the Tennessee Board of Equalization was included in the Council packet. The reappraisal determined the City to have a total tax base assessment of $785,80 1,513 . This yields a certified property tax rate of $1. 9863 . This was also the recommendation of Council for the established property tax rate for Fiscal Year 2022. Due to the timing of the reappraisal process and resulting certified tax rate, a property tax rate for Fiscal 2022 was not established in the annual budget and appropriation ordinance. If Ordinance 21-13 is approved on first reading, a public hearing and second reading will be scheduled for Monday, September 201h. This timeframe will allow for the establishment of the property tax rate prior to processing of tax notices in October. Vice Mayor Vince Turner motioned to approve and Councilwoman Powers seconded. Councilwoman Powers considered establishing the tax rate a little higher than the certified rate. She checked into the actual resources and revenue streams, looked at the reserve fund and the $5.5 million provided to the Bristol community from the federal government under the American Rescue Plan Act, and then considered the inflation rate. In addition, there are additional federal revenues to come. In light of the above, the City has the money to take on add itional projects and new businesses are coming on board that will bring additional revenues. Increasing the tax rate can be considered at another time and after careful consideration, she has decided to set the established rate at the certified tax rate with no adjustment.  City Council Meeting September 7, 2021 Page 5 of 8 Counc ilman Keen also supports setting the establi shed tax rate at the certified rate of $ 1.9863. Everyone understands technical education at Tennessee High School is important and is good for business. He feels the current monies and revenue options are sufficient. Co uncilwoman Powers added that this is the first time in a long time the property tax rate will be under $2.00. It is a hallmark for the rate to go be low $2.00 and still have a substantial amount of revenues that can be allocated toward education, projects, and amenities within the community. Vice Mayor Turner said another important thing that most people do not realize is residential property is taxed at 25% of the value whi le busi nesses are taxed at 40% and at 30% for persona l property such as fixtures. Due to COV ID-1 9, some of the businesses are closi ng an extra day each week. Most everyone has been impacted economically by the pandemic and many busi nesses are suffering. He fee ls it irresponsible to move away from the certified tax rate at thi s time. Councilwoman Feierabend will vote for the establ ished rate at the certified rate. The City has been fiscal ly responsible. She sees property tax as being for operational budget more than special proj ects, and the reassessment years as an opportunity to re-evaluate the certified tax rate along with the cost of providing services. That includes being able to retain highly skilled staff enabling the City to provide the best in municipal services . While she fee ls this may be a mi ssed opportunity, the tax rate can be reviewed every year during the budget process and be adj usted if necessary. She will vote for the $1.9863, but has concerns that maybe the establi shed rate should be a little higher than the certified rate. Mayor Luttrell added that he and the Vice Mayor are still the new kids on the block and cannot take credit for the hard work of the other Council members and staff that have helped the C ity to be in this good financial situation. Wh ile things may pop up that need additional fundi ng, the City is in a good spot and he will support the established rate of $ 1. 9863. There was no additi onal discussion and the ordinance passed unanimously by roll call vote. B. Adoption of New Ordinances (Second Reading): None C. Resolutions: Resolution 21-93 - A Resolution Authorizing the Issuance of Not to Exceed $23,000,000 in Aggregate Principal Amount of Federally Taxable Electric System Revenue Refunding Bonds, Series 2021 of the City of Bristol, Tennessee; making provision for the Issuance, Sale and Payment of Said Bonds; Establishing the Terms Thereof and the Disposition of Proceeds Therefrom; providing for the Collection and Disposition of Revenues From the Electrical Power Distribution System of the Municipality; and Making Provision for the Operation of Said System City Manager Sorah reminded Counci l that a couple of times thi s year the City has refunded outstanding general obligation bonds to take advantage o f lower interest rates. This has resulted in some substantial interest savings associated with ex isting debt. Bristol Tennessee Essential Services (BTES) is seeking authority to issue up to $23,000,000 in federally taxable revenue refunding bonds to take advantage of lower borrowing costs. Mr. Tom Davenport, legal counsel for BTES, was present to discuss their debt refunding plans. As the owner of BTES, the C ity is required to approve the issuance of refunding bonds on behalf of the utility. Mr. Davenport gave an update on the process since thi s issue was presented to Council at the August 24, 202 1 work session. In formation exchange / document updates have occurred between the legal  City Counc il Meeting September 7, 202 l Page 6 of8 departments for the City, BTES, and the bond council. but there has not been much change since he presented the information to Council last month . The rates are holding. Over the life of the bonds, being refunded would save BTES and its rate payers approximately $2.8 million. Cash flow over the next few years, between now and 2043, would be approximately $163,000 per year less burden on BTES and the rate payers. The true interest cost on the bonds that have been issued is 4.09% . The new rate will be near 2.35%. This has to be done with taxable bonds as this is earl ier than the call date and therefore, they cannot reissue nontaxable bonds. Vice Mayor Turner motio ned to approve and Co unci lwoman Feierabend seconded. The Vice Mayor said this issue had been under discussion for some time and it is a good thing as it will save a sizeab le chunk of money. There was no further discussion and the ordinance passed unanimously by roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilwoman Feierabend motioned to approve and Councilwoman Powers seconded. The following items were approved by unanimous Council roll call vote: • Minutes August 3, 2021 City Counci l Meeting • Minutes August 10, 2021 Ci ty Counci l Called Work Session • Minutes August 24 , 2021 City Counci l Work Session • Minutes August 31 , 202 1 C ity Council Called Work Sess ion • Resolution 2 1-94 A Resolution Authorizing the Temporary Use of Public Property and the Public Right-of-Way for the Sale, Distribution and Consumption of Beer (Believe in Bristol, Inc.) • Resolution 2 1-95 A Resolution Awarding Bid fo r Ida Stone Jones Community Tennis Center Court Resurfacing and Repairs • Resolution 21-96 A Resolution Naming a Public Facility in Recognition of Bristol Host Lions Club • Resolution 2 1-97 A Resolution Awarding a Bid for the Purchase of Patrol Rated Sport Utility Vehicles • Resolution 21-98 A Resolution Authorizing the Purchase of Equipment fo r Police Vehicles • Resolution 21-99 A Resolution Approving Full Implementation of the 20 17 Pay and C lassification Plan  City Council Meeting September 7, 202 l Page 7 of 8 • Resolution 21-100 A Resolution Authorizing the Temporary Use of Public Property and the Public Right-of-Way for the Sale, Distribution and Consumption of Beer • Resolution 21-10 I A Resolution Approving the Acceptance of a Donation of Real Property for the Use and Benefit of Bristol Tennessee City Schools BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor, Director of Schools, acknowledged the students that were in attendance. She thanked Council for allowing her and her team to present information to them at the work session last month on the potential next round of school construction / renovation in the district. She also thanked them for partnering with the BTCS in terms of all of the school faci liti es and how to make the best use of them for the students, community use, and workforce development in the community. Dr. Tudor recognized the donation of the facility on the Volunteer Parkway from Mitch Walters. his fam ily, and Friendship Enterprises. The BTCS will utilize that faci lity to expand the Career and Technical Education (CTE) course offerings for the students which hopefully, will be the catalyst for the students as well as the adult workforce in the community. This year there are three award schools: Haynesfield Elementary, Hol ston View Elementary, and Tennessee On-Line Public Schools. This is the fo urth year in a row the Tennessee On-Line Public School is an award school. The award status takes into consideration things such as school attendance, academic achievement, student growth in learning, students with disabilities, ethnic students, and economically disadvantaged students. COV ID-19 testing of staff and students begins next week as an additional safety protocol / measure to try to mitigate the spread of COVlD-19 within the schools. Just prior to this meeting she received word that Coach Dale Burns passed away thi s afternoon. He was a long-time member of the Viking community and was integral in starting the Arby's Classic in our community. CITY MANAGER'S REPORT: City Manager Sorah rem inded everyone the Rhythm and Roots Festival is this coming weekend, September I 01h-J 21h, fo llowed by a week of race activities. As the established property tax rate was approved on first reading this evening, there will be a called meeting with a public hearing and second reading of the proposed tax rate on Monday, September 20 1h at 10:00 a.m. in the Annex Conference Room . The next regular work session will be Tuesday, September 28th at 11:00 a.m. in the Annex Conference Room. Due to the Integrated Emergency Management Conference in Emmitsburg, Maryland, the regularly scheduled Council October 5th business meeting will be moved to Tuesday, October 12 1h at 7:00 p.m. CITY COUNCIL COMMENTS: Mayor Luttrell continues to be amazed at the successes around the town such as recent business openi ngs for businesses that chose to locate here from other cities-one from Daytona, Florida. Councilwoman Feierabend said it is always great to have good things, but we need to keep recognizing the challenges COVID-19 has brought and continues to bring all around us. It has been difficult to communicate at the same level. Staffing issues continue to happen with businesses including the City with issues such as quarantine or illness for themselves, their children, or other family members. Our  C ity Council Meeting September 7, 202 1 Page 8 of 8 healthcare workers are currently dealing with the hi ghest rates of cases and deaths of the pandemic thus far. We at times become complacent, but need to be more diligent to he lp get back to normal. Our community does a lot to work together such as the Buckle Up For Life Campaign. Since March 2020, the COVID- 19 community response group meets every other Friday and is comprised of social service agencies working together to help keep people safe and in their homes. She encouraged everyone to do all they can such as learning about the vaccines and make a decision, wear a mask in public, and do everything possible to help stop the spread of thi s virus. Counc ilwoman Powers talked about the Rhythm and Roots Reunion and reminded everyone to take the necessary precaut ions and be responsibl e. Ra ffle tickets are still available for the Birthplace of Country Music Museum. Beli eve In Bristol met today and they a re installing a sound system downtown to have music in the streets all the time as the Birthplace of Country Music. She encouraged everyone to take all possible precautions for the upcoming race as well. She echoed the comment made earlier thi s evening by Logan McCabe in relaying that Bruton Sm ith said you cannot build another Bristol Motor Speedway as you cannot replicate the people. The City of Bristol has great workers and she is glad Resoluti on 2 1-99 passed thi s evening fully implementing the compensati on pl an. However, they will continue to look at wages. USAntibiotics announced last week the manufacturing of antibiotics is moving back into thi s country, here locally, and within five years will have potential to stockpile antibiotics such as Augmentin and Amox icillin for the entire United States. Parks and Recreati on has released a Request fo r Proposals (RFP) for a study of what amenities could be added to Steele Creek Park. The Council is discussing potenti al for a multi-sports complex and have challenged staff to present to them in the next few weeks what pro perty and options may be avail able. She complimented the school system and appreciates all their efforts. Council woman Powers said she fee ls privil eged to be a part of this exceptional and di verse Council. They challenge each other and she thanked each of them for chall enging her, thus helping her to be a better Council member. Councilman Keen commented that several good suggestions were made about the Bristol Virginia Landfi ll and input from citizens is needed. He expressed appreciation to the Police and Fire Departments fo r the recognitions on thi s agenda and acknowl edged the hard work that a lso is ahead of them fo r the next two weeks with the upcoming maj or events. He cannot say enough about what the Bristol Motor Speedway does for the City and our community, and also shared info rmation about the Hiring Expo. Vice Mayor Turner mentioned this is probably one of the most attended meetings this year. He encouraged citizens to attend not only for the opportunity to comment on particular issues, but to learn all that is going on in the City. He thanked the students for attending. There being no further business, the meeti ng was adjourned at 8:39 P.M. rh~~z:&((} Mah lon Luttrell , Mayor illiams. C ity Recorder