City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING December 7, 2021 CALL TO ORDER: The Ci ty of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, December 7. 2021 at 7:01 P.M. in the Slater Center Auditorium . ROLL CALL: Present: Mayor Mahlon Luttrell , Vice Mayor Vince Turner, Counci lwoman Margaret Feierabend, Councilman Chad Keen, and Councilwoman Lea Powers. Others Present: City Manager William Sorah, C ity Attorney Danielle 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 Yerran, Director of Community Relations Jon Luttrell, Director of Economic Development Tom Anderson. and other members of City staff. INVOCATION AN D PLEDGE OF ALLEG IANCE: Rev. Dr. Samuel Weddington, Senior Pastor of First Presbyterian Church gave the invocation. Councilman Chad Keen led the pledge of all egiance. AGENDA ADDITIONS AN D / OR CHANGES: None PROCLAMATIONS AN D RECOGNITIONS: Blue and Gold Day - Vice Mayor Vince Turner read a proclamation designating December 3, 202 1 as Blue and Gold Day in Bristol, Tennessee in recognition of the East Tennessee State University Buccaneers winning the Southern Conference Football Championship. Ms. Jessica Vodden, ETSU Chief Marketing and Communications Officer, was in attendance to accept the proclamation. As a new comer to the area, she thanked everyone fo r the warm welcome shown to her and her family. On behalf of the ETSU footba ll team, students, and faculty, she expressed appreciation for the recognition, encouragement, and support extended to them by the City Council and the Bristol community. Bristol First Award - Anne Dunham , Digital Media and Communications Manager, was in attendance to present the award . Ms. Jane Bellamy contacted the Office of Community Relations a few weeks ago and exp lained she had gathered a large stack of recyclables and deposi ted them at one of the C ity's drop- off recycling locations. After returning home, she realized her cell phone was mi ssing. After searching everywhere without find ing it, she enli sted the help of her son who utili zed tracking software which determ ined the phone was on Blackley Road- where one of the City's recycling sites is located. She called the Municipal Garage and spoke with Larry Mottern in the Street Maintenance Division and he agreed to meet her at the Blackley Road site. Once there, he climbed into the paper recycl ing bin, used his own phone to call Ms. Bellamy's phone, and rummaged around until he found the missing phone. While being relieved at findi ng her missing phone, Ms. Bellamy was more impressed by the kindness shown by Mr. Mottern throughout the entire ordeal. Mayor Luttrell presented the Bristol First Award to Larry Mottern.  City Council Meeting December 7, 2021 Page2o f 9 PRESENTATIONS: Ms. Li sa Cofer, Executive Director of United Way of Bristol TNN A, gave a brief presentation on the A ir Purifier Grant Program. This grant was set up with funds from the City of Bristol, Tennessee to provide air pur ifiers to low and moderate income residents of Bristol, Tennessee adversely impacted by odors from the Bristol Virginia Landfill. Ms. Co fer thanked the City fo r providing this assistance to the residents and Uni ted Way is glad to administer the program. To date, there have been 628 unduplicated applications, with an additional 100 applications that were duplicates. All appli cants have been contacted via phone and/or email at least once. At this time, 59 of the first 60 air purifiers received have been di stributed. The second shipment of 150 units was received today so there are an additi ona l 51 residents approved and United Way is contacting them to pick up their units this week. Th is represents approximately 11 0 households that have been approved and have received or are in the process of receiving air purifiers through this grant program . There were 56 that did not qua lify, which could be because they were residents of Bristol, V irginia, outside the city limits of Bristol, Tennessee, or over the maximum income level. There are approximately 462 more residents which United Way is waiting to receive additional in fo rmation from for the verification process. PUBLIC HEARINGS: None APPEARANCE OF CITIZENS: Jill Harrison of 204 Carisil Road, Bristol, Tennessee, wanted to thank Co uncil for putti ng School Resource Officers (SROs) in the schoo ls. This is the first year S ROs have been in the elementary schools and initially, she did not full y understand the impact these individuals could have in the school system. C ity Manager Bill Sorah and the Police Department worked with Director of Schools Dr. Annette Tudor to put the agreement in place and to assign the individuals to the schoo ls. Council does not always get to see the impact of the funding or the programs they approve, so she wanted to be sure Council knows these police offi cers are great representatives in the comm unity and the school system. They assist all the students as needed with things such as helping them put the ir backpacks on, nav igating through the building, helping the schoo l safety patro ls become leaders and be respected by their peers, and even helping them learn how to appropriately raise and lower the flag. They provi de education classes on the dangers of tobacco and vaping, and classes on the dangers of drug use for first offenders which has resulted in fewer second offenders. They go above and beyond the job requirements and try to make personal connections with the students. They go out of the way to make personal positive relationships which has resulted in students feeling comfortable enough to seek the SROs fo r assistance. They have stepped in when families had to go to safe houses or when children needed protection. These S ROs have stepped up fo r the community and fo r the students. She acknowledged the individual SROs and what they are noted for. She fee ls the message starts at the top and thanked Po lice Chief Matt Austin for encouraging these individuals to create those relationships. Rev. Dr. Samuel Weddington, Senior Pastor of First Presbyterian Church and a resident at 2 16 Forest Hills Drive, spoke about the Bristol Virginia Landfill and the impact on the community. He has spoken to the Council s of both C ities at various times with no intention to offend. He came to honor the members of thj s Counci l, City Manager Sorah, and staff. He has watched them respond in a way that extended beyond his expectations and showed love of City and genuine affection fo r neighbors. The community owes a debt of gratitude as Council and staff have helped where and how they could. Hi s prayers are fo r some relief for the community and for the Ci ty Counci l of Bristol, V irginia also as this issue did not  C ity Council Meeting December 7, 2021 Page 3 of 9 occur overnight, but after years of bad decisions. I-le prays the landfill will be fixed and closed, but until then he thanked Counci l for their service to the community. APPOINTMENTS: None ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 21-14 - An Ordinance to Amend Chapter 11 Landscape & Buffering, and Chapter 11 A, Performance Based Landscape Regulations, of the Zoning Ordinance City Manager Bill Sorah stated for several months the Bristol Regional Planning Commission has reviewed Chapter 2 and Chapter 11 of the City's Zoning Ordinance as it relates to landscape regulations. The purpose of the review was to eliminate redundancy and provide clarity to the regulations. Ms. Cherith Young, Planning Services Manager, was in attendance to detail the recommendations of the Planning Comm ission. Thi s information was presented to Council at the November 301h work session. If the resolution is approved this evening, it will be scheduled for a public hearing and second reading at the January 11 , 2022 Council meeting. Ms. Young explained City staff and the Planning Commission combined the similar chapters related to landscaping in the Zoning Ordinance into one, kept the parts that were working, and added language to provide clarity in the revi sions. The amended version being presented to Council includes additions, deletion of terms that are no longer relevant, and clarifications in the definition section. Th is applies to commercial projects only, not residential, single-family, or dupl ex projects. There are four main components in the landscape ordinance: 1) If you develop a project, 5% of the disturbed area needs to be landscaped; 2) Parking areas adjacent to the street need to provide a landscaped strip between the street and the parking area; 3) The interior landscaping of parking areas must total at least 5% of the total paved area; and 4) There is a slight revision of the buffering requirement that is in the current ordinance which is used in the new chapter. She further detailed all the proposed changes pointing out the information and diagrams that were added. The Planning Commission worked on this for several months and concluded their reviewed on November 151h with a positive recommendation to forward the changes to Council for consideration of adoption. Councilwoman Lea Powers thanked staff and the Planning Commission for doing such a great job. Counci lwoman Margaret Feierabend motioned to approve Ordinance 21- 14 and Counci lman Chad Keen seconded. The item passed unanimously by roll call vote. B. Adoption of New Ordinances (Second Reading) : None C. Resolutions : Resolution 21-119 - A Resolution Authorizing th e City's Outside Counsel to Take Steps to Commence Legal Action on Behalf of the City The City Manager summarized the quality of life of the City' s residents has been and continues to be adversely impacted by odors emanating from the Bristol Virginia Landfill. Earli er this year, the Jaw firm of Troutman Pepper Hamilton Sanders, LLP was retained to advise the City as to appropriate measures available to address problems resulting from the operation of the landfill. Legal counsel has advised that in order to pursue a legal action under the Clean Air Act and/or the Resource Conservation  City Council Meeting December 7, 202 1 Page 4 of 9 and Recovery Act, the City will need to serve all potential defendants with a Notice of Intent to Sue at least sixty days prior to filing a suit. The Notice of Intent to Sue does not obli gate or commi t the Ci ty to pursue legal action nor does it prevent the City from negotiating a settlement of the matter in a non- judicial setting. If Resolution 2 1-11 9 is approved, it will authorize the law firm of Troutman Pepper Hamilton Sanders, LLP to prepare the Notice of Intent to Sue and serve the notice on the City of Bristol, Virginia. Vice Mayor Turner motioned to approve the resolution and Councilman Keen seconded. Councilman Keen appreciates that this action is being taken through love as the Councilmembers have stated many times. No one on Council wants to take legal action, but sometimes there is no other option. He is sorry for what the residents are havi ng to go through and he is hopeful things will get better. He cannot stand to see people suffer and encouraged everyone to hang on. Councilwoman Powers said Council has a true responsibility to protect ci tizens. While ensuring police protection, firefighting personnel and equipment, and other services are provided to the citizens is important, the most valuable thing is a safe environment. Everyone has been through a lot with COV ID in addition to having to deal with the odors permeating homes and places of work, making it difficult for many to sleep. Now there is concern about the odors being in the schools and the health of the students. No one should have to go to sleep concerned about whether they may need to evacuate their house in the middle of the night. All of the Council members have strived to keep updated on the effects of the odors on the residents and this is not an action Council takes lightly. The prayers of Counci l are with you and we look forward to working with our sister City to find a resolution that enables eve ryone to live in a healthy environment again. Councilman Turner feels it is unfortunate we are in this situation, but it is what it is. This action is not something Council takes lightly, but it has to be done and it is the right thing to do for the citizens. That is what the Council members were elected to do. We will move forward and hopefully there will be a resolution soon. Mayor Luttrell wanted to reiterate what the other Counci l members said. He supports this action I 00%. He knows many residents have been suffering for a long ti me and it is time for it to stop. Counci lwoman Feierabend said even if she is not representing Bristo l, she likes to tell people she is from Bristol so it hurts to do some things that are hard to do. The situation is complicated and there are things the City can and cannot do legally, so Council is doing what it is all owed to do within legal boundaries and what we feel is in the best interest of the citizens. She hopes thi s helps contribute to a solution. The floor was opened for publi c comment. Joel Kellogg, 1204 Maryland A venue, Bristol, Tennessee - thanked Counci l for their courage and their effort. The organization HOPE fo r Bristol has formed from this issue and is comprised of talented ci tizens who love the community. The City has the full support of this group. Everyone is learning and growing and has the best interest of the Ci ty at heart, but may make some missteps along the way. Typically, he does not see a state line when he thinks of Bristol. He hopes this action wi ll be a first step in healing the community. T his was a tough decision for the City, but he feels it is the best decision for the twin cities going forward.  City Counci l Meeting December 7, 202 1 Page 5 of 9 Lynn Dougherty stated he is a citizen of Bristol, Tennessee. He lives here, his children were educated here, he pays taxes, and he has chosen to be a proud Tennessean. Council does not need to be apologetic. He fee ls it is not an odor, but it is toxic and hopes there is no long term damage to parents and children. He thanked City Council for their service. Chris Knupp, Shakesville Road, Bristol, Virginia- this City is doing a great job and there is no need to apologize for doing this. Bristol, Virginia is slipping a little bit. He has lived in hi s home for 38 years and he loves his home and he loves the City. Everyone is doing a great j ob- it is a community and thank you. George Link, 307 Rutledge Street, Bluff City, represented his parents that live at 1100 Georgia A venue and his 86-year-old grandmother- he understands trying to maintain a fruitfu l relationship for the sister Cities. This is not an act of hostility, but an act of accountability. Thank you. Lady spoke about her chi ld who is 18 months old and weighs 17 pounds. She was born healthy at 41 weeks and is being seen by a physician about every week. The doctors suspect she has had benzene poisoning. Blood and urine tests are performed weekly. Her bone marrow is not producing red blood cells correctly and therefore, she is very sma ll and in the 5th percentile. As a comparison, her two o lder children are in the 98 1h percentile. The lady did not move to Bristol until her daughter was born and she feels there is connection with the issues at the landfi ll. She wanted to give her perspective. Celina Reynolds, 206 Robin Circle, Bristol, Virginia-did not come to speak, but to show support. She and her husband evacuated their home last Tuesday when they woke up choking. They have no chil dren, but have animals they love. Their healthy dog suffocated to death because of being unable to breathe due to the horrible odors. She is angry and bitter. She herself has been unable to breath, has tremors, a rash, and other issues which she now realizes are connected to the landfill issues. She thanked Bristol, Tennessee for stepping up. She feels Bristol, Virginia has lied for years. Callie Ell iot Sampson, l 023 Carolina Avenue- transferred here two years ago. Shortly after moving here she noticed the smell. She thought the pharmaceutical company was doing something and it is always worse at night. Lately, it has been so bad she has taken her cats and stayed in a hotel Kingsport. She gets rashes when she is outside raking leaves and things have been unbearable. Thank you for taki ng steps. She came from Parkersburg, West Virginia, where DuPont poisoned the water. Her mother died of pancreatic cancer, her brother had a huge brain tumor removed, every girl she grew up with has had breast cancer, her sister died this year with a cancer that only 1 in 3 million people get- all of which is related to the DuPont fiasco. There was pushback when people tried to hold DuPont accountable. We do not what the long term effects of this issue is. Thank you for doing what you are doing. Jessica Sti les, Lynwood Street, Bristol, Tennessee-did not intend to speak, but she has been tryi ng to learn more about what is happening. She worked as a government contractor for a few years and has done some environmental compliance work, thus she has been very concerned about all the violations of the solid waste faci lity. It is not being operated in compliance with the statutes, it seems that it has not been kept up, and she fee ls we really do not know what is going on. It is important to find out and she is interested in hearing the results from the testing that was done recently. The Love Canal in New York that was in the national news in the late 70s was in a quarry and there are parallels. She moved here from Nashville and never suspected there would be any such issues here. She is unable to relocate again and has nowhere to evacuate to. Her cat has been sick lately. She loves the City as a whole, but  City Counci l Meeting December 7, 2021 Page 6 of 9 it does not seem that public trust is being taken seriously on that side. Thank you for the pressure to fi nd a solution. Chris Reynolds, 206 Robin Circle, Bristol, Virginia-did not intend to speak, but his wide Celina spoke earlier. Do not apologize for taking action. Bristol, Virginia needs to be held accountable. Please vote 'yes' and go forward. There was no further public comment or discussion and the reso lution passed unanimously by roll call vote. Resolution 21-128 - A Resolution Authorizing the Amendment of an A ppropriation Agreement with the United Way of Bristol T NN A, Inc. City Manager Sorah stated as presented earl ier in the evening by United Way Executive Director Lisa Cofer, the United Way is administering the air purifier program on behalf of the City. Resolution 21- 128 amends the existing Appropriation Agreement with United Way of Bristol TNN A, Inc ., by increasi ng the current amount of $25,000 w hich is the amount the City has given for a number of years in support of their charitable work. United Way has the infrastructure and capacity to administer the ai r purifier program on our behalf and has shown the willingness to do so. The appropriation needs to be amended to allocate additional funding for this effort. Staff is requesting an allocation of up to an additional $30,000 in support of this program. As presented earl ier, 60 of these air purifiers have either been picked up or are eligible for pick up. An additiona l 150 units arrived today. This amendment cleans up the financial side of th is program with the United Way. Counci lwoman Powers motioned to approve and Councilman Keen seconded. Resolution 21-128 passed unanimously by roll call vote. CONSENT AGENDA : City Manager Sorah presented the Consent Agenda to Council. Vice Mayor Turner motioned to approve and Councilwoman Powers seconded. T he fo llowing items were approved by unanimous Counci l roll call vote: • Minutes November 2, 202 1 City Council Meeting • Minutes November 30, 2021 City Council Work Session • Reso lution 21-129 A Resolution Authorizing an Annual inflation Adjustment to Financial Assurance Agreement City of Bristol Demolition Landfi ll • Resolutio n 21-130 A Resolution Authorizing the Purchase of Software Support for CivicP lus • Resolution 2 1-131 A Reso lution Authorizing Awarding Bid for Purchase of Bulk Fuel • Resolution 21-132 A Reso lution Amending Bid Award for Bulk Purchase of Sodium Hypoch lorite  City Council Meeting December 7, 2021 Page7of9 • Resolution 21- 133 A Resolution Authorizing The City Of Bristol To Join the State of Tennessee and Other Local Governments as Participants in the Tennessee State-Subdivision Opioid Abatement Agreement and Approving the Related Settlement Agreements • Resol ution 2 1-134 A Resol ution Authorizing Payment to Troutman Pepper Hamilton Sanders LLP for Legal Fees • Resolution 2 1-135 A Resolution Approving the Sale of Surplus Equipment in Excess of$ I 0,000 (2019 Can-Am Spyder) • Resolution 21- 136 A Resolution Authorizing the Submittal of an Appl ication to the Tennessee Department of Transportation for an Urban Transportation Planning Grant BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor, Director of Schools, said the Tennessee Department of Education is undergoing a study and an initiative to send a recommendation to Tennessee State Legislators to consider changing the financing model for school funding. They are seeking feedback from community members and funding bodies. There is a meeting on this topic next week and she will share the time and location as soon as the information is received. Dr. Tudor is on a state subcommittee representing municipalities so if anyone is unable to attend the meeting or has particular input, she will glad to present it directly. The intent i.s to move from the current resource-based funding mode l of the state of Tennessee to a student- based funding model. The Border Duels Wrestling Match returned last week after not being able to take place last year. The Christmas Madrigal Dinner is coming up later this week. The ladies basketball team is hosting the Arby ' s Holiday Hoops for Doc this weekend and the Arby ' s Classic returns th is year which is one of the premier basketball tournaments in the nation. She wished everyone a Merry Christmas and Happy New Year. Counci lwoman Powers mentioned she heard the lineup for the Arby's Classic this year is one of the best ever and Dr. Tudor agreed. CITY MANAGER'S REPORT: City Manager Sorah reminded Council due to the holidays, the work session will be Tuesday. December 14th at 11 :00 A.M. in the Annex Conference Room. The testing of the air samples taken directly above the Bristol Virginia Landfill are being finalized and the report should be sent to the City's toxicologist tomorrow or Thursday. They will need time to evaluate the resu lts of that testing and if the information is available it will be included in the work session next week. If it is not. there will be a called meeting to get the results to Council. As Council has always stated, once the results are known there will be a public meeting with Dr. Green and she will brief the citizens on the resu lts of the tests and answer any questions they may have. Also regarding the landfi ll , some of Counci l has attended zoom sessions with the Agency for Toxic Substances and Disease Registry (ATSDR). One of the things discussed in a recent zoom session was the mental health concerns resulting from long-term environmental issues. Jon Luttrell, Director of  City Counci l Meeting Decem ber 7, 202 1 Page 8 o f 9 Community Relati ons, has compiled a li st of resources available locally to address mental health concerns and it will be placed on our website. The Ci ty Manager complimented Vice Mayor T urner for bringing this issue to his attention as something that should be pursued on behalf of the citi zens. Mr. Luttrell presented information on the list of resources as well as a fact sheet published by the ATS DR that addresses coping with the stress that environmental contaminati on can cause. It notes this stress can make indi vi duals feel unsafe at home, fear for the health of their chi ldren, fee l frustrated by long timelines fo r investigation and analysis, or lose trust in government, community leaders, organizations, and businesses. This on-going stress can make everyday activities seem harder and can lead to mental and ph ysical health effects. Mr. Luttrell gave additional information from the fact sheet which encourages everyone to take care of themselves, stay in contact with fami ly and fri ends, and watch fo r signs o f menta l or physical stress. lf you are feeling overwhe lmed, seek help from a doctor, reli gious or spiritual leader, or a mental health prov ider for assistance. If immediate emotional support is needed, the Lifeline Network is available for everyone. lt is free, confi dential, and availabl e 24/7 at l-800-273- 8255. All of this in formation is avai lable on the City website at bri sto ltn.org/bristolvalandfi ll a long w ith addi tional information on the air purifier program discussed earlier this eveni ng. City Manager Sorah told Counci l that included in thei r information packet is a Summary Transaction Report for BTES Revenue Refunding Bonds Series 202 1 and he presented a few deta ils from the report. The January 4, 2022 City Council meeting has been moved to January 11 1h. He then wished everyone a Merry C hri stmas and Happy New Year. CITY COUNCIL COMMENTS: Vice Mayor T urner wi shed everyone a Merry Christmas and Happy New Year and expressed hi s appreciation for their attendance. He is sorry fo r the position everyone has been put in because of the Bristol Virginia Landfill and what is happening to the community and the citizens, but he is not sorry about havi ng to take action to force them to make the right decisions. Councilwoman Powers reiterated appreciation fo r the citizens. Sometimes it takes a citizen movement to make bold steps to address a situation. There is a lot to be thankful fo r in the community. Bristo l, Virginia has an opportunity to write the rest o f this story regarding the landfi ll. Some have questioned whether or not Counci l should take this action out of fear there would be less than positive notori ety in a community that has so many positive things. Th is is not a situation Bristol, Tennessee has created, but it is a situation in which we feel compelled to address. This is a tough spot for everyone. She thanked Jon Luttrell and Vice Mayor Turner fo r bringing up the issue of mental health. It i.s easy to make the connection between the quality of the air, soil , and water and physical impacts on the citizens. How these things impact us mentally and emotionally needs to be considered as well. Counc il is watching and reading the posts of the citizens on social media. She wished everyone a Merry Christmas and a better New Year. Council woman Feierabend is proud of the school system. She mentioned at 6:00 P.M. tomorrow is a Steele Creek Park visioning meeting with a consulting group. Steele Creek Park is the thi rd largest municipa l park in the state of Tennessee and a gem in the commun ity. ln addition to encouraging everyone to take care of themselves including the mental health aspect, she reminded everyone COVID- 19 and the variants are not done yet. Please stay safe and do the things that are known to be effective. She really appreciates the sister Cities holding each other accountable. In families, it is hard work to  City Council Meeting December 7, 202 1 Page 9 of 9 hold accountable the people you love and care about and it can be painful. She thanked Counci l members, City Manager Bi ll Sorah, and City Attorney Danielle Smith and stated we are very fortunate to have great City leadership and staff. Councilmembers are elected and thus may, and do. change over time. It is City staff that is critical for the on-going leadership. She hopes everyone can have a Merry Christmas and a much happier New Year. Counci lman Keen commented his child lives in the heart of the problem area and it is difficult to hear of the suffering of his family and other residents. Listening to the comments from citizens earl ier this evening tells him Council is doing the right thing. The job of Council is to plan the future- seeing your vision and helping it become part of the future of our children and grandchildren. He is proud of Council working toward fixing problems that arise. City staff has spent countless hours and your tax dollars working on fixing this problem of the landfill effects. The residents requested Council members listen to them and not leave any stone unturned and Council is doing everything possible. He encouraged everyone to continue to advocate as it is getting people's attention. He mentioned the Bristol First Award that was presented earlier. One of the most important points for the City is customer service and is someth ing the City has worked on over the last 8 to 10 years- serving the community; servingyou. He appreciates staff and he prays everyone wi ll get some relief this Christmas. Mayor Luttrell feels anytime you have a chance to make a difference here on earth and you do not, you are wasting time. The citizens are making a difference. You are doing the right thing and keep it up. Do not hesitate because it is people that make a difference in this world. Bristol has some of the greatest people in the country. The Christmas Parade this year was a joyous moment in the community and it was great seeing smi les on all the faces. Have a Merry Christmas and feel free to reach out if you have a need. Counci lwoman Powers mentioned County Commissioners Mark Vance and David Akard were in attendance and encouraged the residents to reach out to them as well as they also serve the City of Bristol, Tennessee. There being no further business, the meeting was adjourned at 8:32 P.M. /vl~~ Mahlon Luttrell , Mayor illiams, City Recorder