City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING January 11, 2022 CALL TO ORDER: The C ity of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, January 11 , 2022 at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Mahlon Luttrell, Councilwoman Margaret Feierabend, and Counci lwoman 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 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: Boy Scout Troop 3 of First Presbyterian Church gave the invocation and led the pledge of allegiance. AGENDA ADDITIONS AND/ OR CHANGES: None PROCLAMATIONS AND RECOGNITIONS : Human Trafficking Awareness Month I Day - Counci lwoman Margaret Feierabend read a proclamation designating January 2022 as Human Trafficking Awareness Month and January 11th as Human Trafficking Awareness Day. Ms. Gabi Smith, Community Care Liaison for the Community Coalition Against Human Trafficking, was in attendance to accept the proclamation. She thanked Counci l for the recognition and explained a little about their organization noting that they work with both youth and adult survivors of human trafficking. PRESENT A TIO NS: FY 2021 Annual Comprehensive Financial Report (ACFR) - James Bence, from Mauldin and Jenkins, Audit Service Partner gave a brief overview of the FY 2021 City external audit. He began the presentation with some background information on Mauldin and Jenkins and their audit process. They issued an unmodified opinion this year which is a clean report saying the financial statements provided by City management are materially correct as presented. There are two reports included in this audit: an internal control report in accordance with government auditing standards and a report for the single audit in accordance with uniform guidance. Both reports were issued unmodified opi nions. They tested two programs this year, the Highway Safety Construction Grant which is administered by the City, and the Elementary and Secondary School Emergency Relief Fund. There were no material weaknesses or non- compliance issues with either program. There were no past adjustments. The General Fund unassigned fund balance, funds available going forward for future use, is around 67 percent and has hovered around approximately 60 to 65 percent of annual operating expenditures over the last five years. T he Government Finance Officers Association (G FOA) typicall y likes to see around four months of reserves  City Council Meeting January 11, 2022 Page2of6 and the City has closer to seven months of reserves. Revenues were about nine percent higher ($1.6 million) than anticipated and some departments came in under budget. The combination of these two added approximately $2.3 million to the General Fund Budget. This year property tax accounts for about 44 percent of the general fund revenues which is typical and over the last five years property tax has remained fairl y flat. Even though the assessed values have increased about seven percent overall, the City has been able to roll back the rates so the revenue stayed pretty flat. All the enterprise funds had positive cash flows from operations and approximately $1 million was reinvested from capital financing into the waterworks system through capital asset additions which is good. There was one audit recommendation, not a deficiency or material weakness, but a management point. There was a recommendation for improvement for the Board of Education to amend / improve their capital ization policy as to how they address capital assets to ensure they are considering the bulk purchase concept. The ACFR also contains several pages of the new accounting standards that are coming out over the next several years. The Governmental Accounting Standards Board (GASB) has issued eleven new statements that will be applicable beginning in FY22 through FY25. The biggest change in the immediate future is GASB Statement #87 which going forward will change the way that leases are accounted for, whether capital or operating leases, identifying any long-term commitments to make payments for the use or acquisition of an asset. The firm of Mauldin and Jenkins offers free continuing education quarterly classes, which are currently virtual, for all of their clients whether in management or governance. Councilwoman Lea Powers thanked Mr. Bence, Director of Finance Hollie Verran, and her staff for the work done on this enormous task. The City is fortunate to have such talented staff on board. Councilwoman Feierabend also expressed her appreciation to Ms. Verran and staff. PUBLIC HEARINGS: Ordinance 21-14-An Ordinance to Amend Chapter 11 Landscape & Buffering, and Chapter 1 lA, 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 regarding landscape and buffering regulations as they relate to commercial properties. Ms. Cherith Young, Planning Services Manager, was in attendance to detail the recommendations. The Planning Commission approved the changes on November 15, 2021. City Council approved this on first reading on December 7, 2021 and it is on the agenda later this evening for second reading. Ms. Young explained City staff and the Planning Commission has worked hard on this for some time. It takes the existing Chapters 11 and 11 a, combines the parts that were working in both into the new Chapter 11 and cuts or revises anything that was vague or unclear. A couple of definitions in Chapter 2 were affected by a small modification to the definition of ' Landscape Area', adding a definition of ' Parking Area· . and deleting the definitions of 'Tree Class A ' and 'Tree Class B' as they are no longer relevant. The new ordinance lays everything out in four points with four requirements: I) 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  City Council Meeting January 11, 2022 Page 3 of6 buffering requirement that is in the current ordinance wh ich 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 on November 15, 2021 voted to send a favorab le recommendation to City Council for adoption of the new ordi nance. There were no comments and the public hearing was closed. APPEARANCE OF CITIZENS: None APPOINTMENTS: None ORDINANCES AND RESOL UTIONS: A. First Read ing of New Ordinances: None B. Adoption of New Ordinances (Second Reading): Ordinance 21-14-An Ordinance to Amend Chapter 11 Landscape & Bufferin g, and Chapter 1l A, Performance Based Landscape Regulations, of the Zoning Ordinance Th is item was summarized during the public hearing earl ier thi s evening. Councilwoman Powers commented that sometimes things like landscapi ng are not appreciated. The community is constantly evolving and landscaping plays indirectly into the role of econom ic deve lopment. To ensure landscaping is consistent throughout the community it is important that it be reviewed to make sure the community is attractive to current residents as well as younger people coming to the area. She thanked the Planning Department and Council representatives on the Planning Commission for working so hard on this. Counci lwoman Powers motioned to approve Ordinance 21-14 and Councilwoman Feierabend seconded . Councilwoman Feierabend and Mayor Luttrell also commended staff for all of the background work required to bring items to the Planning Commission and then to City Council. The ordinance passed unanimously by roll call vote. C. Reso lutions: None CONSENT AGENDA: City Manager Sarah presented the Consent Agenda to Council. Councilwoman Feierabend motioned to approve and Councilwoman Powers seconded. The followi ng items were approved by unanimous Council roll call vote: • Minutes December 7, 202 1 City Counci l Meeting • Minutes December 14, 202 1 C ity Council Work Session • Resolution 22-1 A Resolution Authori zing Purchase of In-Car Video Systems with Body Cameras • Resolution 22-2 A Resolution Awarding a Bid for Grit Removal System Improvements at the Wastewater Treatment Plant  City Council Meeting January 11 , 2022 Page 4 of 6 • Resolution 22-3 A Resolution Amendi ng Engineering Services Agreement with COM Smith , Inc., for Grit Removal System Improvements • Resolution 22-4 A Resolution Authorizing Payment to Troutman Pepper Hamilton Sanders LLP for Legal Fees • Resolution 22-5 A Resolution Approving the Sale of Surplus Eq uipment in Excess of$10,000 (2004 Porsche 91 1 Turbo) • Resolution 22-6 A Resolution Authorizing Participation in the Public Entity Partners ·'Property Conservation Grant" Matching Grant Program • Resolution 22-7 A Resolution Authorizing the City to Obtain Cyber Security Insurance Pursuant to an Approved Proposal • Resolution 22-8 A Resolution Awarding Proposal for Banking Services BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor, Director of Schools, wanted to publicly thank Council for their diligence in trying to help find a reso lution for the Bristol Virginia Landfill odor. It continues to be an issue in the school system. Some students not on ly have to endure the odor at home, but also in the schools at times. Sometimes the schools are able to mitigate the odors quickly while at other times it takes longer. If there is anything the school system can do to support the endeavor of Council they wi ll be glad to do so. The 38th Annual Arby's Classic was very successful after having to cancel the prior year. They averaged about 2,300 fans per day with 18 teams from 9 different states and the Bahamas. She heard numerous comments about the beauty of the commun ity and the hospitality of the region. January 24th-28Lh is School Board Appreciation Week and the system will be recognizing the members of the school board. None of the board members are compensated for their work on behalf of the school district. The volunteer their time to help set policy and ensure school finances and resources are properly administered. They always take the needs of the students into consideration above all else. She then acknowledged the individual members. Councilwoman Powers mentioned they had the opportunity to watch their first grade grandson play basketball last Saturday. There was a real sense of community and was a wonderful community event. Councilwoman Feierabend asked Dr. Tudor to explain the importance of legislation looking at school funding. Dr. Tudor replied the state has a surplus of revenue this year. The time is right for the state to consider a change in school funding. The current funding model, the BEP model (Basic Education Program), has been in effect for about 30 years and is very outdated and antiquated. There are 29 states in the United States that have shifted to a student based funding model. We are currently utilizi ng a resource based funding model so the shift is to try to move toward a student based funding model which allocates a base amount per student then adds additional weights based on additional needs. Economically disadvantaged or students with disabilities would carry more weight and would therefore provide more funding. Many of the positions in our district are not fully funded by the state, but are funded locally by citizen dollars, county dollars, tax revenue, etc. The system currently has around 50 to 60 additional positions above what the BEP pays for and the BEP pays only about 65 percent of the  City Council Meeting January 11 , 2022 Page 5 of 6 positions they do fund. As example, assistant princi pals, school nurses, and superintendents are not funded according to the BEP. Student based funding model is in the best interest of students and allows local school districts to allocate resources to schools in a variety of ways. Assistant principal s and school nurses are needed at schools regardless of size. CITY MANAGER'S REPORT: City Manager Sorah reminded Council of the gathering at Slater Community Center tomorrow night for the public meeting and presentati on by Green Toxicology regarding the independent public health assessment of the Bristol Virginia Landfill impact on ambient air quality. The meeting will commence at 6:00 p.m. in the gymnasium and will also be livestreamed providing an opportunity for those who did not want to meet in person a way to ask questions during the question and answer session following the presentati on by Dr. Green. Representatives from Trinity Consulting who collected the samples on-site at the Landfill will also be present to answer questions that might be specific to their role in the study and their observations. For anyone who wants to participate and submit questions electronically they will be able to do so by following the directions provided at the bottom of the screen. There will be a called work session on Thursday January 13th that will commence at 9:00 a.m. in the Annex. There will be a presentation by Advance Bristol Foundation which is a group of private sector individual s who desire to share their vision and collaborate with City Council on moving this community forward . Immediatel y following that meeting there will be an attorney-client session to further discuss the Landfi 11. On Friday, January 15th at 7:30 a.m. in the H.P. King Room at 620 State, Council will meet with the state legislation delegation in a much mo re informal manner than years past. The proposed Charter amendments will be discussed a long with matters of mutual interest and Council can engage our legislation delegation as to how we as a C ity can help them in their responsibi lities. The normal work session will be Tuesday January 25th at I I :00 a.m. in the Annex. We want to support the Chamber of Commerce in their Annual Award Meeting and Luncheon. This will be Friday, January 28th at I 1 :00 a.m. at Delta Marriott, which is the site of the former Holiday Inn at Exit 7. CITY CO UNCIL COMMENTS: Counci lwoman Feierabend reminded everyone Monday is the Martin Luther King Holiday, Jr. Last year, organizers were concerned how they were going to do things as there were minimal in-person events and ended up doing more last year than ever before. This year, they will continue to monitor how much is done in-person and w ill not do the walk to the Train Station for the program again this year. On January 17th at 2:00 p.m., the YWCA will show the video on their Facebook page that was presented last year with a new o pening and closing. It is one hour in length and will be available for later viewing. King University wi ll have a talk at Lee Street Baptist Church later that evening at 7:00 p.m. as part of their Faith and C ulture Series. There will be a candlelight program at 6:3 0 with readings and prayer in recognition of Dr. King and his work. The YWCA website has many local events li sted in celebration of the life of Dr. King. Second Harvest Food Bank is in need of volunteers to for Martin Luther King Service Day.  City Council Meeting January 11, 2022 Page 6 of 6 Counci lwoman Powers mentioned the NETWORKS meeting tomorrow morning. They are working diligently to bring in different industries to help build job opportunities and the work force in general. Believe In Bristol has been engaged in many different programs. They sponsored the Candy Cane Christmas and Terry Napier, Director of Parks and Recreation, does a good job of working with them and helping to coordinate their activities wi th the City. The Birthplace of Country Music is having a concert with the 1927 Society and they are working on the next Bristol Rhythm and Roots Reunion. Work for the Festival is year round and tickets are now on sale and at a reduced rate. There is a new marketing entity called Explore Bristol that represents the City of Bristol. There have been several trave l writers from across the country working diligently to share on social media our tourism opportunities within our region and across the state as well as the nation. Councilwoman Powers explained the different items on the consent agenda to the Boy Scouts in attendance and the process of how they are placed on that agenda. She added she has one vote and fo r her, there are only two options concerning the Bristol Virginia Landfill. Either the problems are completely resolved so the community is no longer living in the environment in which we have been or, ideally, it will be closed. The most succinct way to say it is on the signs around town- fix it or close it. Counci lwoman Feierabend recognized the people of the communi ty in attendance that have been working to help bring attention the Landfill issues and working toward resolution. She also thanked the IT people of the City that are working on the setup for the public meeting tomorrow night. It takes a lot of work especially with all the cybersecurity that is necessary now. She thanked Dr. Tudor, teachers, and health care workers for continuing to work through the pandemic. Everyone is tired, out of patience, and short tempered, and she encouraged everyone to remember the guidelines to help keep everyone as safe as possible. Vaccinations help and can make a difference on how long we might have to continue to deal with this. She encouraged everyone to consider vaccination if they have not been and to please wear a mask in the appropriate situations to help the health care workers, teachers, and students. Do it for your family and yourself-do it fo r everyone. Counci lwoman Powers suggested everyone meet with their health care professionals to discuss what vaccination, if any, is appropriate for their particular medical situation. Mayor Luttrell recognized County Commissioner David Akard and thanked him fo r attendi ng. The Mayor recognized the Scouts in attendance and thanked them for their participation. They are the future and it is important for them to learn and participate in the community. He also encouraged everyone to follow the recommended guidelines as previously mentioned by Councilwoman Feierabend and Councilwoman Powers. There being no further business, the meeting was adjourned at 8:01 P.M. ~&~~ M~lliams, City Recorder /)1~~ Mah lon Luttrell, Mayor