City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING November 2, 2021 CALL TO ORDER: The City of Bristol. Tennessee C ity Council meeting was called to order by Mayor Mahlon Luttre ll on Tuesday, November 2, 202 1 at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Mahlon Luttrell, Vice Mayor Vince Turner, Councilman Chad Keen, and Councilwoman Lea Powers. Others Present: City Manager William Sarah, City Attorney Dani elle Smith, City 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 Finance Hollie Verran, Director of Community Relations Jon Luttrell , Director of Economic Development Tom Anderson, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Mr. Tom McDanie l, retired Bristol Tennessee Police Offi cer of 43 years, Mari ne Corps Veteran, and deacon serving at Lee Street Baptist Church, gave the invocation. David Rudd, retired Navy Master Chief Petty Officer and retiree from the Department of Justice Office of the Inspector General, led the pledge of allegiance. AGENDA ADDITIONS AND I OR CHANGES: None PROCLAMATIONS AND RECOGNITIONS : Small Business Saturday - Council man Chad Keen read a proclamation designating November 27, 202 1 as Small Business Saturday in Bristol, Tennessee. Jessica Barnett, Believe In Bristol Executi ve Committee, and Emily Champagne, Believe In Bristol Associate Director, were in attendance to accept the proclamation. Ms. Barnett and Ms. Champagne thanked Council fo r encouraging support of Small Business Saturday and they each gave additional information on small businesses and how they impact the community. 2020 Citizenship Award - Police Major Walter Brown detailed the purpose of the Citizenship Award and mentioned the presentation of the award was delayed due to COV fD. He announced that Ms. Ginger Stiles was selected as the recipient of the award for 2020. In August 2020, Ms. Sti les saw a seven-year- old girl walking alone on Weaver Pike. She and her husband pulled over to check on the child and informed the Poli ce Department of the situation. Ms. Sti les kept the child safe by sitting with her on the tai lgate of her truck and com forted her while waiting for assistance to arrive. T he com passion and decisive actions taken by Ms. Stiles ensured the safety of the child and was paramount in the outcome of this situation. PRESENTA TIO NS: None  City Council Meeti ng November 2, 202 1 Page 2 of7 PUBLIC HEARINGS: None APPEARANCE OF CITIZENS: Earl Canter, of 4265 Old Jonesboro Road, Bristol, Tennessee, spoke about dealing with stray animals, specifically cats. As he understands it, the ordinance allows for the stray cats to be caught, spayed or neutered, returned to where they were caught, and released. There is a condominium complex behind his house where numerous cats appear to be fed by several of those residents. When his three-year-o ld granddaughters visit, he has to clean his back yard with a shovel and a trash can prior to being able to let them play on the swing set or in other areas of his back yard. He feels animal control is unable to address this problem and requested Council assistance. Rev. Dr. Samue l Weddington, Senior Pastor of First Presbyterian Church and a resident at 216 Forest Hills Drive, spoke about the Bristol Virginia Landfill. Forest Hills was inundated with gases from the landfill last night and he did not sleep well. He thanked Council for taking steps to help address this issue and he encouraged them to continue pressing. Michael Dean, of the Fairmount District, thanked Council for their invo lvement in trying to help resolve the Bristol Virginia Landfill issue. The odors were very bad last night in the Fairmount area. Please do not give up and he will continue to bring awareness to the problems. APPOINTMENTS: Library Board - City Council addressed the vacancy of one seat on the Library Board. Councilwoman Margaret Feierabend spoke on behalf of candidate Crystal Peak. By unanimous roll call vote, Ms. Peak was appointed to the Library Board to serve an unexpired term of office ending December 31 , 2023. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None B. Adoption of New Ordinances (Second Reading): None C. Resolutions: Resolution 21-120 - A Resolution Authorizing Entry into an AJA for the Proposed CTE Facility at Tennessee High School City Manager Bill Sorah explained that with the conclusion of the construction of the new Bristo l Tennessee Middle School, Ci ty Council , the Board of Education (BOE), and staff of Bristol Tennessee City Schools (BTCS) are anxious to begin the next phase of the 2018 School Facilities Study recommendations. Following discussions with the BOE and school staff, it was determined that a Career Technical Education (CTE) facility was the most urgent need for the City 's school system. Staff from BTCS and the City met with representatives from Community Tectonics Architects, Inc. of Knoxvil le, Tennessee. This was the design firm for the Middle School and the Fairmount Elementary Schoo l so they have considerable knowledge of our school system and the staffing needs as well as the confidence of the school system in their abilities. The first step is to conduct an Architectural and Engineering Study for the new CTE facility. The desire is to construct the CTE facility on the footprint of the current faci lity on the high school campus which is adjacent to Southside A venue. The geotechnical evaluation will be  City Counci l Meeting November 2, 202 1 Page 3 of 7 completed in the initial stages of the study to determine if the subsurface conditions are suitable for construction before continuing with the balance of the study. The study will also include the evaluation of the structural, mechanical, and utility requirements for the faci lity and the necessary integration of the faci lity into the balance of the campus. In addition, the study will quantify the educational classroom space requirements for the facility. If the geotechni cal eval uation does not show this site to be suitable for the new CTE, the study will conclude at that point and another site will be considered. The cost of the study wi ll total $135,000 and will be shared with BTCS. As per discussions, the C ity will be responsible for 75% of the study costs($ I 01 ,250) and BTCS wi ll be responsible for 25% of the study costs ($33 ,750). Tim Beavers, Director of Development Services and Ed Depew, Schoo l Facility Manager, were present to answer questions. Co unci lwoman Lea Powers motioned to approve and Counci lman Keen seconded. Councilwoman Powers believes thi s is a great first step. Mayor Mahlon Luttrell added this is an important step for the future of our community and fo r the education of our children. Counci lwoman Feierabend asked if there was anything Mr. Depew would like to say. Mr. Depew thanked Council for the opportunity to attend and to speak. BTCS and the BOE appreciate the support of this project and they look forward to being able to better address the needs of the students. There was no further discussion and the resolution passed unanimously by roll call vote. Resolution 21-121 - A Resolution Requesting the General Assembly of the State of Tennessee to Amend the Charter of the City of Bristol, Tennessee City Manager Sorah mentioned an element of the plan of work for Fiscal 2022 includes a review of the City Charter. This review is necessary to address the timi ng of the selection of a mayor and vice mayor followi ng the seating of newly elected Council members in January of 2023 . This also presents an opportunity to address any additional items within the Charter that may be of interest to Counci l. Once this work is complete, a request for an amendment to the Charter will be submitted to our legislative delegation for consideration during the upcoming session of the Tennessee General Assembly. If this resolution is passed tonight, Council will meet with the local del.egation prior to the convening of the General Assembly to inform them of this measure and request their assistance in moving it through the General Assembly. Fo llowing approval by the General Assembly, Council will need to formally adopt the proposed amendments by a 2/3 majority vote. The majority of the proposed amendments are largely housekeeping, but there were a couple of significant elements. One structurally changes the Charter in the election of Counc il members from May in odd numbered years to November in even numbered years. The newly elected members of Council would take the oath of office in January of the following year. January would also be the reorganizational meeting with the Council members electing a mayor and a vice mayor each year instead of doing so in July as has been typically done. In addition, the five percent penalty and interest for late payment of property taxes currently begin to accrue in January for anything paid after January 5th of the following year. Council has agreed to move the penalty assessment date from after January 5th to after March 5th_ However, interest accrual will sti ll begin after the due date of January 5th. Vice Mayor Vince Turner motioned to approve and Counci lwoman Feierabend seconded. Councilwoman Powers thanked City Attorney Danielle Smith the City Manager for all the hard work in fu lfilling the requests of Counc il and incorporating them into the Charter. Councilwoman Feierabend  C ity Council Meeting November 2, 202 1 Page 4 of 7 asked where someone could see a copy of the Charter if they desire to do so. The C ity Manager replied at this point, it is posted on BoardDocs. Once it is approved, it will be placed on the City website. Resolution 2 1-1 2 1 passed unanimously by roll call vote. Resolution 21-122 - A Resolution Affirming the Delegation of Authority under the Border Region Retail Tourism Development District Act to The Industrial Development Board of the City of Bristol, Tennessee for a Project located at 3269 West State Street (Hwy 11 W), and Authorizing an Extension of Time Within Which to Complete the Project City Manager Sorah reviewed that on January 8, 20 19, City Council approved Resol ution 19- 1 authorizing the City's Industrial Development Board (IDB) to enter into a deve lopment agreement with Bristol Hospitality, LLC. Bristol Hospitality, LLC desired to develop a new hotel on property located at 3269 West State Street. This property is situated near Interstate 81, Exit 74 and within the Border Region Retail Tourism District. It is eligible for the Chapter 420 state sales tax increment incenti ves that are set aside for that parti cular area. Bristol Hospitality, LLC, proposed to construct a minimum 40,000 square foot, seventy-fi ve room, brand affiliated hotel on the site. The agreement provided the developer with 90% of the formula for the allocation of state sales tax for recovery of eligible costs associated with development of the pro perty. As with similar projects, the C ity would retain 10% of the state sales tax increment to ass ist in servicing annual bond payments associated with infrastructure improvements in the District. The proposed site will require public access improvements on West State Street and the extension of sanitary sewer service to the location. The costs associated with these public infrastructure improvements were to be the responsibility of the developer as part of the 90% formul a. The development agreement had a sunset provision which required the project to be complete within twenty-fo ur months. Staff recently received correspondence from the developer' s representative requesting an extension of the development agreement to allow the developer an opportunity to complete the project by December 31, 2023 and retain access to the incentives avai lable in the Border Region Retail Tourism District. As everyone is aware, economic conditi ons were not conducive to the proj ect moving forward as originally contemplated. The developer still has the desire to do the project and would like an extension on the window of the development agreement. If approved, Resolution 21 -1 22 provides authorization to the IDB for their considerati on of extension of the development agreement at their November 22nd meeting. Tom Anderson, Director of Economic Development, was present to answer any questions. Councilwoman Feierabend moti oned to approve and Council woman Powers seconded. Councilwoman Powers thanked Tom Anderson and the IDB for staying on top of this issue, not mi ssing an opportunity for increased revenue to the City, and bringing it back to the attention of Council. Resolution 2 1-1 22 passed unanimously by roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Vice Mayor Turner moti oned to approve and Councilwoman Feierabend seconded. The fo llowing items were approved by unanimous Council roll call vote: • M inutes October 12, 202 1 City Council Meeting • Minutes October 26, 202 1 City Co uncil Call ed Meeting  City Counci l Meeting November 2, 202 1 Page 5 of 7 • Minutes October 26, 202 1 City Council Work Session • Resolution 2 1-1 23 A Resolution Authorizing the Submittal of a Grant Application to the Tennessee Department of Transportation Traffic Signal Moderni zation Grant Program • Resolution 2 1-124 A Resolution Authorizing Participation in the Public Entity Partners "Safety Partners" Match ing Grant Program • Resoluti on 2 1-125 A Resolution Authorizing Participation in the Public Entity Partners " Driver Safety" Matching Grant Program • Resolution 21 -1 26 A Resolution Authorizing an Appl ication for Grant Funding to the U.S. Economic Development Administration under the Economic Development Assistance Programs • Reso lution 21 -1 27 A Resolution Authorizing Entry into an Agreement for Marketing Analysis and Feasibility Study for a Multi- Purpose Event Center BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor, Director of Schools, thanked Council for voting to go forward with the CTE study. It is not onl y the next step toward an upgrade to the CTE faci lities, but also presents o pportuni ti es to be a catalyst for economic development in the community. She invited everyone to a celebration of li fe for Coach Dal e Bums on Sunday, November 7th from 2-4 P.M. at Viking Hall. Prior to his passing, Coach Burns was integral in starting a youth athletic program in this school district which has now been named the Dale Bums Youth Athletic Program. T he first sport is basketball for the elementary students with over 500 students interested. So far this week, there has been only one COVTD-1 9 case and only one case for all of last week. CITY MANAGER'S REPORT: City Manager Sarah reminded Counci l of the Veterans Day Parade Saturday, November 6th at 10:00 A.M. If you plan to participate, please inform Director of Community Relations Jon Luttre ll. The parade wi ll begin to form at 9:00 A.M. The National League of Cities City Summit Virtual Conference this year is a week-long learning opportunity November 15th - 19th. If you are interested in participating, please let his office know and your registration will be taken care of. The annual Believe In Bristol Downtown Christmas Open House will be Monday, November 22"d. The annual Christmas T ree Lighting will be Monday, November 29th at 6:30 P.M. in C umberland Square. Council work session will be Tuesday, November 30th at 11 :00 A. M. CITY COUNCIL COMMENTS: Vice Mayor Turner said Council is not giving up and will do whatever they can to get the landfill taken care of. This is a priority for everyone and hopefull y there will be some answers soon.  City Counci l Meeting November 2, 202 1 Page 6 of 7 Councilwoman Powers echoed the prior comments of the Vice Mayor. Counci l is doing everything possible from their vantage point and hope there will be resoluti on in the not too distant future. She commended Believe In Bristol for all the hard work they do in the downtown area. She thanked both Cities along with the Advance Bristol Foundation for putting in the new sound system on State Street which will hopefully be expanded to the side streets. Bristol Country Music is beginning to plan the next Rhythm and Roots Festival. NETWORKS is working diligently to bring in new industry. Councilwoman Powers thanked all the veterans. When the soldiers return home, their family helps them work though all they experienced during their service. It is not easy to be a veteran, but thank you for your service. The past two years have been difficult and she wished everyone a Happy Thanksgiving and encouraged everyone to find something in their life to be thankful for. Councilwoman Feierabend is thankful that vaccines are now available for children which are some of our most vulnerable citizens. There were two hi storical markers dedicated in Bristol, Virginia which are the first ones in Bristol to recognize our African American history. Descendants of Charles Spurgeon Johnson and Charles Henry Johnson attended the dedication including Jeh Johnson who was the Homeland Security Secretary under President Obama. National Public Radio had a program today on air pollution and normally our air pollution is so much worse than what we tend to recognize. In this area, we have that plus the recently heightened levels. With the mitigation being done, it was expected things might be worse before they get better. She hates that is where we are, but hopefully things wi ll begin to improve very soon. Counci lwoman Feierabend commended Adrianna Nelson on receiving recognition from the National American Birding Association. She is a Bristol resident, student at Appalachian State, and has done some work at Steele Creek Nature Center. The Counci lwoman commented how wonderful it is to see our local youth and others in our community recognized at such a high level. Counci lman Keen menti oned there is a meeting tomorrow morning at 8:30 with the Chamber of Commerce at the Train Station pertaining to the Bristol Virginia Landfill. The meeting is by invitation on ly and is specifically for chamber members. Yesterday there was a zoom meeting with residents from Bridgeport, Missouri who went through a situation very simi lar to what is currently happening here. It was a long, tough situation and involved some contaminated wastes. He thanked the citizens for the time and effort being expended on this issue. Anything of this nature takes time to work through and it is very difficult while li ving through it. This is in the forefront of the minds of many of our citizens. Councilman Keen knows there are people moving out of the area because of these odors. He is hopeful the work being done by Bristol, Virginia dri lling the wells and connecting them to the exhaust system will bring some relief soon. Council is doing everything possible to work toward improving the situation. He wished everyone a Happy Thanksgiving. Mayor Luttrell wanted to reiterate the previous comments of Council and assure everyone Council is worki ng hard to help find a resolution to this issue and they will continue to work ha rd. This not on ly affects the citizens of Bristol, Tennessee, but Bristol, Virginia residents as well and Council cares about the entire community. There are a lot of good things going on in this community, but there are also a lot of things that need improvement. This landfill issue is number one on the list right now and it has to be fixed. Councilwoman Powers encouraged the community to hold another meeting so that City Council can attend and hear the stories of what is taking place. She mentioned the office of Virginia Governor Northam has been informed of the situation.  C ity Council Meeting November 2, 202 1 Page 7 of 7 Councilman Keen added one of the important elements mentioned during the Bridgeport meeting was communication. Communication fro m the City of Bristol. Tennessee is fo rthcoming. The City is working to ensure the facts are correct and it will contai n information on what the City is doing and why, as well as the hopes of Counci l. In addition, there will be informati on on potential resources to help affected residents. Mayor Luttrell has been in contact with a local man ufacturer about potenti al assistance and a meeting will be set up with them soon. In addition, he plans to attend the Chamber meeting tomorrow and during the session he will ask if they will be holding another meeting for the citizens. There be ing no further bus iness, the meeting was adjourned at 7:54 P.M. rvt-M-. ex'..,,_.~ Mahlon Luttrell. Mayor