City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING March 7,2023 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Vince Turner on Tuesday, March 7, 2023 at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Vince Turner, Vice Mayor Mark Hutton, Councilwoman Margaret Feierabend, Councilman Mahlon Luttrell, and Councilwoman Lea Powers. Others Present: City Manager William Sorah, City Attorney Danielle Smith, City Recorder Mary Lee Williams, Director ofPlanning Cherith Young, Director ofParks and Recreation Terry Napier, Fire Chief Mike Carrier, Director of Economic Development Tom Anderson, Director of Community Relations Jon Luttrell, IT Manager Greg Cross, Police Chief Matt Austin, Public Services Manager Wes Ritchie, Utility Services Manager Will Witcher, Director of Operations Dave Wilson, Executive Assistant to the City Manager Velma Witte, Community Development Specialist Christina Blevins, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Fire Chief Mike Carrier gave the invocation and Councilwoman Lea Powers led the pledge of allegiance. AGENDA ADDITIONS AND / OR CHANGES: None PROCLAMATIONS AND RECOGNITIONS: None PRESENTATIONS: None BOARD OF EDUCATION LIAISON REPORT: Director ofSchools Dr. Annette Tudor congratulated City Manager Bill Sorah on his upcoming retirement, wished him well, thanked him for mentoring her, and for his service to the community,the school district, and all of the employees. Spring Break is next week with intercession at all schools and transportation, meals, and after school care will be available for those families that wish to participate. This gives an opportunity for students to get caught up if they are having difficulties with their classwork. The BTCS is participating with the Sullivan County Anti-Drug Coalition and the Stashed Away Trailer which is part of the National Guard. That will take place on March 22"^^, from 10 A.M. until 1 P.M. in the YMCA parking lot. The Stashed Away Trailer is a replica of a teenager's typical bedroom and provides opportunities for parents and community members to see where teenagers might stash their drugs or drug paraphernalia. Parents and families are encouraged to attend to help in monitoring their children. The community is invited to the annual Virginia DuffFine Arts Festival at the Bristol Middle School on March 23^^ from 5:30 to 7:30 P.M. This is an opportunity to see visual arts by students from across the school district as well as hear band and chorus performances. A variety of food trucks will be available. New school board member Jennifer Hensley attended this Council meeting.  City Council Meeting March 7, 2023 Page 2 of9 PUBLIC HEARINGS: Resolution 23-17- A Resolution to Annex Certain Territory Upon Written Consent of the Owners and to Incorporate the Same Within the Boundaries of the City of Bristol, Tennessee (Ardent Development Group / Galloway - Fox Meadows) City Manager Bill Sorah reminded Council they approved a resolution at the February meeting setting this public hearing and the subsequent resolution approving annexation. Ardent Development Group and Creighton Galloway are requesting the annexation of approximately 1.298 acres located adjacent to the Fox Meadows subdivision. The property has a current Sullivan County zoning of A-1 (General Agriculture / Estate Residential). They are requesting the property be zoned as PRD (Planned Residential Development)and R-2(Single-Family and Duplex District). The strip ofland proposed for annexation is 45 feet wide and has been re-platted through the subdivision process. The property is contiguous to the current corporate limits. The matter was considered by the Planning Commission during their January 23^^ meeting and they voted unanimously to forward a favorable recommendation to Council. He requested Cherith Young, Director of Community Development and Planning, provide additional information. Ms. Young presented maps showing the strip of land requested for annexation and mentioned there is another resolution on this agenda that will address the proposed rezoning ofthis property ifthe annexation request is approved. The requested rezoning designation is consistent with the surrounding parcels. If Resolution 23-17 is approved, the annexation ofthe property will move forward. There were no comments and the public hearing was closed. Resolution 23-18 - A Resolution to Approve the Plan of Services for the Annexation of Certain Territory(Ardent Development Group / Galloway - Fox Meadows) The City Manager summarized that if Resolution 23-18 is approved, all City services will be provided as soon as the annexation is approved with the exception of sanitary sewer service. Sanitary sewer service is available for extension, but that extension is the responsibility ofthe developer. There were no comments and the public hearing was closed. APPEARANCE OF CITIZENS: Mr. George Linke, 307 Rutledge Street, wanted to thank the City for having a community meeting about the skate park. There will be a skate park benefit at Bristol Skateway March 9^*^ from 6 to 8:00 P.M. Local businesses have donated several items for a silent auction and the proceeds will also go to skate park development. Progress of the Tony Hawk Foundation grant has slowed a little due to development of a skate park in Memphis in honor of Tyre Nichols. The skate group completed a survey of the Kingsport skate park over the period ofone month to determine the number of people outside the region visiting that location. Based on conservative estimates, about 2,700 people per skating season come from other areas just to use their skate facility. This results indicates that when the skate park is completed here, there is also potential for a small economic impact to Bristol in addition to skating.  City Council Meeting March 7,2023 Page 3 of9 APPOINTMENTS: Tree Board -City Council addressed the vacancy ofone seat on the Tree Board. Mayor Turner expressed appreciation to the citizens willing to serve on the boards and give back to the community. Mr. Robert Tate was unanimously appointed to the Tree Board to serve a term of office ending June 30, 2025. ORDINANCES AND RESOLUTIONS: A. Resolutions: Resolution 23-17- A Resolution to Annex Certain Territory Upon Written Consent of the Owners and to Incorporate the Same Within the Boundaries of the City of Bristol, Tennessee (Ardent Development Group / Galloway - Fox Meadows) This item was summarized during the public hearing earlier this evening. Councilwoman Feierabend motioned to approve and Councilman Mahlon Luttrell seconded. Resolution 23-17 passed unanimously by roll call vote. Resolution 23-18 - A Resolution to Approve the Plan of Services for the Annexation of Certain Territory(Ardent Development Group / Galloway - Fox Meadows) This item was summarized during the public hearing earlier this evening. Councilwoman Lea Powers motioned to approve and Councilwoman Feierabend seconded. Resolution 23-18 passed unanimously by roll call vote. Resolution 23-19- A Resolution Approving Tax Equivalent Payments City Manager Sorah mentioned that annually a resolution is considered authorizing the distribution oftax equivalent payments from Bristol Tennessee Essential Services (BTES). This year, Resolution 23-19 establishes that amount as $2,445,440.61 and is the aggregate of $2,376,126.98 for electric facilities, $10,116.53 for telecommunication facilities, and $59,197.10 for cable/internet facilities. Each payment is based on a statutory formula and is the maximum amount permitted by law. The City of Bristol will receive a total of $1,883,655.71 which represents a significant portion of the amount. The balance is distributed to the governments located outside of our corporate limits in which BTES provides those services. Councilman Mark Hutton motioned to approve and Councilman Luttrell seconded. Resolution 23-19 passed unanimously by roll call vote. B. First Reading of New Ordinances: Ordinance 23-2- An Ordinance to Designate the Zoning of Property Newly Annexed Into the City of Bristol,Tennessee as PRD(Planned Residential District)(Ardent Development Group / Galloway -Fox Meadows) The City Manager explained that with the passage of Resolution 23-17 approving the annexation of this property, it is important to establish the zoning designation. The property has a current Sullivan County zoning of A-1 (General Agriculture / Estate Residential). They are requesting the property be zoned as PRD(Planned Residential Development)and R-2(Single-Family and Duplex District) which is consistent with the surrounding property. Cherith Young, Director of Community Development and Planning, presented a map of the land being annexed showing the proposed zoning and the current zoning of the surrounding parcels. If approved tonight, a public hearing and second read for this ordinance will be on the agenda for April.  City Council Meeting March 7, 2023 Page 4 of9 Councilman Luttrell motioned to approve and Vice Mayor Hutton seconded. Councilwoman Feierabend mentioned the method of annexation changed a few years ago and she explained the current process, noting that it now has to be owner initiated. The City has a lot ofservices to offer and Council appreciates that developers and others recognize the benefits of being inside the city limits. She is thankful for the projects developers are bringing into the City that will help to provide more housing. Resolution 23-19 passed unanimously by roll call vote. Ordinance 23-3 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as R-3(Multifamily)- Golf Street The City Manager stated that Mr. Randy Moore, owner of property located at 1219 Golf Street, is requesting the property to be rezoned from its current zoning designation of R-2 (Single-Family and Duplex Zone)to R-3(Multifamily Zone). Ifapproved,the owner plans to construct additional parking on the property to serve a multifamily development proposed for an adjacent site. He is currently constructing loft apartments within an existing structure he owns at 750 Lakeview Street which is currently zoned R- 3. The Bristol Regional Planning Commission reviewed this request during their February 20^ meeting and unanimously forwarded a favorable recommendation to rezone the property to R-3. This provides support for the loft units he is constructing. Cherith Young, Director of Community Development and Planning, presented a map ofthe site detailing the zoning of the subject property and the surrounding parcels. She showed pictures of the subject property, surrounding buildings, and the neighborhood along with the Future Land Use Map which indicates the neighborhood will be developed as neighborhood commercial. This supports the requested rezoning. The public was notified of the proposed rezoning with no response to date. The Planning Commission reviewed this request and voted unanimously to forward a favorable recommendation to Council for the rezoning. Councilman Luttrell commented the larger developments in the City are often mentioned which is great, but throughout the City smaller'pod' developments are occurring which is also great. This type ofactivity is appreciated as well and is welcomed by the City. Councilwoman Powers motioned to approve and Councilwoman Feierabend seconded. There was no additional discussion and Ordinance 23-3 passed unanimously by roll call vote. C. Adoption of New Ordinances(Second Reading): None CONSENT AGENDA: Prior to the reading ofthe Consent Agenda, Vice Mayor Hutton wanted to specifically mention Resolution 23-37. Christina Blevins, Community Development Specialist, and staff have spent numerous hours working in a very short timeframe on the Allocation Plan for ARP funding of over $4 million dollars. This money will help to provide low-income housing for many people in the community. He did not want this resolution to be approved without publicly thanking Ms. Blevins and everyone who worked so diligently on this Allocation Plan. City Manager Sorah then presented the Consent Agenda to Council. ■ Minutes February 7,2023 City Council Meeting ■ Minutes February 13, 2023 City Council Called Work Session ■ Minutes February 13, 2023 City Council Called Meeting  City Council Meeting March 7,2023 Page 5 of9 ■ Minutes February 28,2023 City Council Called Meeting ■ Minutes February 28, 2023 City Council Work Session ■ Resolution 23-20 A Resolution Appointing an Interim City Manager ■ Resolution 23-21 A Resolution Authorizing the City Manager to Participate in a Court-Ordered Settlement Conference on Behalf ofthe City ■ Resolution 23-22 A Resolution Authorizing Payment to Troutman Pepper Hamilton Sanders LLP for Legal Fees ■ Resolution 23-23 A Resolution Awarding Bid for Purchase of New ADA Equipped Van for Senior Program ■ Resolution 23-24 A Resolution Authorizing Purchase of Items for Police Training Simulator ■ Resolution 23-25 A Resolution Authorizing Entry into a Commercial Lease for Office Space with City Centre, LLC ■ Resolution 23-26 A Resolution Authorizing the City of Bristol to join the State of Tennessee and Other Local Governments as Participants in the National Opioid Settlement with Teva, Allergan, CYS, Walgreens and Walmart ■ Resolution 23-27 A Resolution Approving the HOME-American Rescue Plan Allocation Plan and Authorizing its Submittal to the United States Department of Housing and Urban Development ■ Resolution 23-28 A Resolution Awarding Bid for Purchase of Tradesman Gooseneck Truck Bed for Parks and Recreation Councilwoman Feierabend and Mayor Turner requested Resolution 23-20 be removed from the consent agenda for discussion. The City Manager stated his last day will be March 17^ and Resolution 23-20 officially passes the position of the current City Manager to an Interim City Manager at the close of business day March 17^. Tom Anderson will serve as the Interim City Manager until arrival of the new City Manager on April 19^*^. Mayor Turner thanked Tom Anderson, Director of Economic Development, for his willingness to serve in this capacity for that thirty-day transition period. He feels with the current City staff, everything will continue to be in good hands. Councilwoman Powers motioned to approve the consent agenda with the exception of Resolution 23-20 and Councilman Luttrell seconded. The remaining items were approved by unanimous Council roll call vote. Councilwoman Feierabend motioned to approved Resolution 23-20 and Councilwoman Powers seconded. The resolution passed by unanimous roll call vote.  City Council Meeting March 7,2023 Page 6 of9 CITY MANAGER'S REPORT; City Manager Sorah reminded Council that March 14^ is the settlement conference regarding the Bristol Virginia Landfill. This will be followed by an attorney-client briefing with Council the following morning at 9:00 A.M., if that timing works. Depending on the length of the settlement conference, our attorneys may attend the Wednesday morning briefing in-person. Otherwise,they will return to Richmond and join the briefing electronically. The regular work session will be on March 28^*^ at 5:00 P.M. in the annex. As this was his last meeting as City Manager, he expressed his appreciation over the last nine years for the opportunity to serve is this role and mentioned several of the highlights during this tenure as well as some from his tenure as Deputy City Manager for Public Works. He began by saying city government is a team sport consisting ofstaff. Council,the citizens,the non-profit organizations. Chamber ofCommerce, business community, and developers. It takes all of these elements to make our community a great place to live. He mentioned the working relationship with Bristol, Virginia. Despite the current landfill issue, there are other things the two cities partner on and are moving forward with. The Tri-Cities and other governing bodies work well together. State and local officials assist the City and community in many ways for which he expressed his appreciation. These collaborations have led to Bristol's success and he listed several examples ofthe efforts to partner with other entities to advance our community and region. Bristol and these partnerships, such as BTES and NETWORKS,have lead the region in the development ofindustrial infrastructure with the continued development and marketing of pad ready sites at the Bristol Business Park and Partnership Park II. Partnership with Kingsport, Johnson City, Sullivan County, Washington County,and the State of Tennessee led to the development ofthe 160 acre Aerospace Park at Tri-Cities airport. Such development is necessary to attract the type ofjobs we need for our community to grow and prosper. Retail partnerships with developers such as Steve Johnson and the Pinnacle Partners has led to the rapid development of the Pinnacle and Exit 74 area with Friendship Family of Automobile Dealerships along with Scott Andrew and Steve Callahan with the Tennessee Hills Distillery and their family ofbusinesses. Without the assistance and support ofour state legislature and Chapter 420 legislation this would not have happened. In addition, the partnerships with Believe in Bristol, Birthplace of Country Music,Paramount Center for the Arts, and Theater Bristol have led to a dynamic Downtown that is the envy of the region. Partnership with Bristol Tennessee City Schools and the Sullivan County Commission enabled the construction of a new state ofthe art middle school that will meet the education needs ofour students for decades to come. In addition, a co-funded study ofthe school system's facility needs was completed and will serve to guide capital improvement decisions over the next decade. As Councilwoman Feierabend often states, you cannot have economic development before you have community development. Result of our partnership with Neil Beiger and the tennis community, along with the school system, is the top outdoor public tennis facility in the region and the envy of our neighboring jurisdictions. In partnership with the Junior League of Bristol and the Bristol Rotary Club, the City has a new splash pad, picnic shelter and restrooms at Steele Creek Park. In partnership with the Friends of Steel Creek Park, the City has a new addition to the Nature Center which surpasses anything of its type in the region. Currently underway is the partnership with the Bristol Sportsplex for the construction of twelve outdoor pickleball courts. Discussion is taking place about a new skate park and the potential development of a new Appalachian League level baseball facility at Whitetop Park through other partnerships.  City Council Meeting March 7, 2023 Page 7 of9 As throughout our nation, housing inventory of all types has been identified as an urgent need in our community. During the past six years, over 450 one and two bed room apartment units have been constructed in three large multifamily developments. This volume of units exceeds the previous four decades combined. In addition, construction is underway on two subdivisions that will contribute over four hundred single family units to our housing inventory. Our planning staff continues to work with residential developers eager to commence housing projects within our corporate limits. The City's financial well-being is the best in its history. In 2014,the City had a General Fund balance of approximately $11.5M. As of June 30'^ of 2022, the City had a fund balance of over $22M. In 2014, the local option sales tax generated approximately $5.3M of revenue. In Fiscal 2022, the local option sales tax generated a record $8.97M. During the same period, the City's property tax rate fell from $2.25/$100 of assessed value to $1.98/$100 of assessed value. During this period the City's bond rating improved to AA rating by Standard & Poor's and Aa2 by Moody's. In addition, the City's Finance Department received the Government Finance Officers Certificate of Achievement for Excellence in Financial Reporting for nineteen consecutive years. The Police Department has maintained its national and state accreditation throughout the period ensuring that their training and General Orders are consistent with the highest of standards in the field of law enforcement. During this period, there was an increased staffing commitment made to ensure a strong law enforcement presence was provided in our Downtown to ensure the safety ofour residents and visitors. Multiple call boxes and surveillance cameras have been added throughout Downtown to enhance security. Body cameras have been acquired and are worn by all patrol officers. The City,in partnership with BTCS, has fully funded the School Resource Officer program at all school facilities and the police K-9 corps has been expanded to address the ever increasing drug concern in our community. The Fire Department has received greatest commitment of funding for their facilities and equipment in recent memory. The construction, staffing, and equipping ofa new Fire Station #5 provided much needed fire protection and EMS service to the rapidly growing area of Exit 74. In addition, a new Fire Station #2 is ci^ently under construction, which will serve east Bristol and open later this year. The department received a new ladder truck and engine in the past three months with another engine and rescue truck on the m^ufacturing line. Our Fire Department is one of only seven in the State of Tennessee to be accredited by the Commission on Fire Accreditation International. Public Works has seen over $2.5M of improvement at the City's water filtration plant and has approximately $3.5M ofimprovements to the distribution system under engineering design for completion in the next two years. The wastewater treatment plant has seen over $6M ofimprovements and has over $4.5M of improvements under design for completion over the next two years. The long awaited reconstruction of East Cedar Street is 75% complete with the remaining work to be completed this summer. The City has committed approximately $1M annually to our street resurfacing program, but the need continues for additional resources to be committed to this effort. In 2016,at the direction of Council our Community Relations Department embarked on a branding effort that led to the creation ofthe iconic "Bristol Is" brand and all that has been done with that theme including banners, directional signage, and wraps for transit buses and vans. Our Community Relations Department's use ofthis brand has been great for marketing and developing a recognizable trademark of our community. Our growths of this effort included the "Bristol is Ready" project and other marketing videos demonstrating the quality of life in our region.  City Council Meeting March 7,2023 Page 8 of9 During the past nine years, the City has had its share of challenges and has had to make very tough decisions. In 2020, we,and the rest of the world, experienced a worldwide pandemic. This caused us to evaluate every aspect ofour daily operations to ensure the safety ofour employees in their daily provision of services. There were daily calls with our colleagues in Kingsport, Johnson City, Elizabethton, and Greeneville to work through the issues of the pandemic such as how were they keeping their water plant safe and were they separating their Police Department so ifthe virus was contracted by someone in a shift it would not result in loss ofthe entire shift. The support staff received from Council during this difficult period was deeply appreciated. In addition, we were challenged to ensure the financial impact ofthe event did not adversely impact the City's ability to deliver services. In 2021,Council made the difficult decision to leave the Chamber of Commerce-based destination marketing organization pMO)and create an entity that was governed by an independent board with representation by the funding partners. The decision resulted in a marketing effort that yielded last year's record collection of occupancy tax. The new entity continues to advance its purpose with the construction ofa new visitor's center on Anderson Street. Then, in 2022 the City made the unprecedented decision to file a law suit against its sister city due to repeated permit violations and poor management of their Isindfill which has greatly impacted the quality of life of residents of both Bristols. City Manager Sorah ended his comments by congratulating the City staff and Council for these accomplishments and extended his best wishes to all. Mayor Turner requested Karen Sorah,the City Manager's wife,to join them at the front ofthe auditorium where he presented a letter of appreciation from Council to Bill Sorah for his service to the City and the community. CITY COUNCIL COMMENTS: Mayor Turner welcomed County Commissioner Slagle and then asked if there were any Council comments. Councilwoman Powers said she has known Bill Sorah almost as long as she has been in Bristol. Their children grew up together and participated in various team sports together. They have not only a working relationship, but they are very dear friends as well. It is not easy being a city manager, but he has taken everything in stride. He has provided her with a great education. She likes to win, but he has taught her how to measure a win which sometimes means breaking even. He is a reminder of what it means to truly be a public servant. He is smart when it comes to appropriate legislation as evidenced by the City being able to turn $11 million into $22 million. Part of that is because of the revenues, but part is also due to appropriate administration of that money using grants, optional financial resources, and working our way through so the reserve fund was not depleted in the process. She feels he has set the standard well for how the budget process is conducted by the City and thanked him for his service. Vice Mayor Hutton mentioned he met City Manager Sorah about four years ago and then realized they had previously met on a football field in Jefferson City. He has appreciated their conversations about all things City, but also about living life, football, and sports. The recognition letter from Council used the word 'integrity' and that is the word that stands out when he thinks of Mr. Sorah. In the short time they have been acquainted, that has been a consistent theme. When Vice Mayor Hutton served on the County Commission, there were times when Mr. Sorah talked him off a ledge and helped him to see the bigger picture. He expressed appreciation for his integrity, work ethic, cle2ir love for the City, and for being  City Council Meeting March 7, 2023 Page 9 of9 unwilling to do anything that would have brought the City down. Mr. Sorah has a high level of intellect, strength, and strength of character. Mayor Turner expressed his appreciation for the many conversations with the City Manager, his accessibility, and his service, and wished him the best in his retirement. Councilman Luttrell commended Mr. Sorah for his approach to the position of city manager and all the roles he has performed over the last forty years of public service. He has taken his job very seriously and the lives and livelihoods of the citizens, City employees, and community have always been a priority. His leadership, mentoring of many, and his friendship have meant a lot over the years. He wished the Sorahs the best in the years to come. Councilwoman Feierabend commented she has worked under four city managers and the City of Bristol, Tennessee has been fortunate to have excellent city management keeping the City moving forward in many ways. Bristol continues to be fiscally conservative, continually cognizant of the property tax tightrope to be low enough to be competitive, but high enough to pay for necessities and additional quality oflife issues to keep and attract others to the community. Mr. Sorah has played a large part in this success, beginning as the Public Works Director under then City Manager Frank Clifton who began the framework for where we are now. He has always been conscientious, great with finances and budgets, seeing the big picture while attending to details. His integrity is of the highest. Early in his tenure as City Manager, Council had lots of wishes and wants. Mr. Sorah listened and sought to provide information and changes that Council members desired. He was where he was meant to be when the pandemic occurred. No one knew where things were headed, but he worked with regional leaders, the health department, and government to formulate the approaches best identified for what was known at the time. The City changed mode smoothly to protect staff and citizens with staffand Council adapting to conducting meetings online, professionally, while meeting the transparency standards. He,along with the City Attorney, has lead City Council through the challenging Virginia landfill issues. His expertise in public works, temperament, and knowledge has helped with the approach to this very difficult situation with professionalism and attention to detail. Again the right position at the right time. She hopes that this is the right time for him and his wife as they begin this new journey. She expressed her appreciation for what he has provided and what he has given as the 24/7 365 job of city manager that goes beyond what the City could ever afford to pay. Godspeed on this next journey. Mayor Turner noted he will be out of town for the next work session. Councilwoman Feierabend mentioned the recent passing of Bobby Griffin, a very active member of the community and that he will be missed. She also mentioned the passing of Jim Messimer who was active in a variety of community components. Fie served on City Council for two terms and to date, is the only person who served as mayor for three consecutive terms. He always wanted the best for this community. There being no further business, the meeting was adjourned at 8:09 P.M. -Vince Turner, Mayor Williams, City Recorder