City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL SPECIAL CALLED MEETING April 17,2023 CALL TO ORDER: The City of Bristol, Tennessee Called City Council meeting was called to order by Mayor Vince Turner on Monday, April 17, 2023, at 5:03 P.M. in the conference room at the Slater Center. ROLL CALL: Present: Mayor Vince Turner, Vice Mayor Mark Hutton, Councilwoman Margaret Feierabend, Councilman Mahlon Luttrell, and Councilwoman Lea Powers. Others Present: Interim City Manager Tom Anderson, City Attorney Danielle Smith, City Recorder Mary Lee Williams,IT Manager Greg Cross, Director of Community Relations Jon Luttrell, Director of Parks and Recreation Terry Napier, and other members of City staff. ORDINANCES AND RESOLUTIONS: A. Resolution: Resolution 23-37 — A Resolution Agreeing to the Terms of a Consent Final Order for Permanent Injunction and Other Relief Related to the Litigation Between Bristol, Tennessee and Bristol, Virginia City Attorney Danielle Smith presented a summary of the resolution. Attorneys for the parties have agreed in principal to a Consent Final Order that Council is now being asked to consider. The Consent Final Order was reached as a result of the mediation held on March 14, 2023, which was attended by City Manager Bill Sorah, City Attorney Danielle Smith, and the City's outside legal counsel from Troutman Pepper Hamilton Sanders, LLP and Attorney Lynn Dougherty. Ms. Smith noted that Mr. Dougherty has served as local counsel for the City on a pro bono basis. Key terms included in this final order are the Bristol Virginia Landfill will be permanently closed, the City of Bristol, Virginia will conduct air monitoring on-site at the Landfill, and the City of Bristol, Virginia will make a one-time payment to the City of Bristol, Tennessee in the amount of$300,000. The Final Order also incorporates provisions from the action brought by the Virginia Attorney General in the Circuit Court for the City of Richmond relating to the quarry landfill. The Final Order provides the right to the City of Bristol, Tennessee to move in Federal Court to enforce those provisions ofthe Richmond Circuit Court order if the Virginia Department of Environmental Quality fails to enforce those provisions within ninety days of a missed deadline. After additional discussion. Vice Mayor Mark Hutton moved to approve Resolution 23-37 and Councilwoman Lea Powers seconded. Each Council member expressed appreciation for guidance received from legal counsel. City staff, and the community. It has been a long and difficult process and it is now time to move forward and let the healing begin. Joel Kellogg ofHOPE for Bristol and Bill McNutt commended City Council and stafffor pursuing this path. It was difficult but has achieved permanent closure of the landfill as well as other wins for the community which will allow for healing. Both sides of town have been hit hard and all of this could have been avoided. They expressed their sincere thanks to the Council.  Called City Council Meeting April 17, 2023 Page 2 of 2 George Linke and his family are very appreciative. He understands what it took for Council to sue their sister city, but the efforts helped everyone dodge a serious bullet. Resolution 23-37 passed unanimously by roll call vote. There being no further business, the meeting was adjourned at 5:21 P.M. Tncc Turner, Mayor Mary illiams, City Recorder