Invocation was given by Vice Mayor Hubbard followed by the Pledge of Allegiance to the flag.

Transcription

1 464 JUNE 9, 2015 THE REGULAR MEETING OF THE BRISTOL, VIRGINIA, CITY COUNCIL WAS HELD ON JUNE 9, 2015, AT 7:00 P.M. IN COUNCIL CHAMBERS, 300 LEE STREET, BRISTOL, VIRGINIA, WITH MAYOR CATHERINE BRILLHART PRESIDING. COUNCIL MEMBERS PRESENT WERE VICE MAYOR, ARCHIE HUBBARD, WILLIAM HARTLEY, GUY ODUM, AND JIM STEELE. CITY MANAGER, TABITHA CROWDER, AND CITY ATTORNEY, ED STOUT, WERE ALSO PRESENT. Invocation was given by Vice Mayor Hubbard followed by the Pledge of Allegiance to the flag. Mayor Brillhart entertained a motion to add an item to the agenda. She advised that this item would become item number eleven (11). She advised that the purpose of adding the item was to consider filling a vacancy on the Virginia acorridor Board. Council Member Odum made the motion to add an item to the agenda to consider filling a vacancy on the Virginia acorridor Board. Motion was seconded by Council Member Steele and carried by the following votes: 1. Matters to be Presented by Members of the Public Mr. Michael Pollard inquired about an update on The Falls project. He commented on funds allocated in the budget for Bristol Country Music Museum and the Chamber of Commerce Visitors and Convention Bureau, stating that he was concerned about the City s spending. Ms. Nancy Marney commented in the increase of property tax and the increase in fees for garbage collections. She recommended cutting the funding to the outside agencies and stop placing the burden on the residents of the City. Mr. Jack Johnson inquired about the debt of the landfill. He voiced his concern about the increase in fees for garbage collections. 2. Mayor s Minute and Council Comments Vice Mayor Hubbard announced that for property taxes and real estate taxes that were delinquent as of December 2014, the names of the property owners would be published in the newspaper in July or August. Council Member Odum thanked the Fire Department from Bristol, Tennessee, for covering the City of Bristol, Virginia, so that the City s firemen could attend the funeral of a former fireman. Council Member Steele also thanked the Fire Department from Bristol, Tennessee, for covering the City during the funeral service for a former fireman. Mayor Brillhart announced that the Push Film Festival would be having their inaugural weekend June 12-14, Consider Street Closure Request for the Arts Fundraising Event for the Les Miserables Foundation, Scheduled for Thursday, June 18, 2015 Mayor Brillhart entertained a motion for the street closure request for the Arts Fundraising Event for the Les Miserables Foundation, scheduled for Thursday, June 18, Vice Mayor Hubbard made the motion to approve the street closure request for the Arts Fundraising Event for the Les Miserables Foundation, scheduled for Thursday, June 18, Motion was seconded by Council Member Odum and carried by the following votes: 4. Consider Street Closure Request for the Celebrate Bristol Independence Day Parade and Downtown Events, Scheduled for Saturday, July 4, 2015

2 JUNE 9, Mayor Brillhart entertained a motion for the street closure request for the Celebrate Bristol Independence Day Parade and Downtown Events, scheduled for Saturday, July 4, Council Member Odum made the motion to approve the street closure request for the Celebrate Bristol Independence Day Parade and Downtown Events, scheduled for Saturday, July 4, Motion was seconded by Council Member Steele and carried by the following votes: 5. Consider a Proclamation Designating Bud Phillips Day Mayor Brillhart read the following Proclamation: A Proclamation Designating Bud Phillips Day Whereas, a gentleman by the name of V.N. Bud Phillips came to Bristol as a total stranger on August 20, 1953; and Whereas, he in time became one of our city s best known, highly respected and most influential citizens; and Whereas, he came to Bristol with no knowledge of the city s past, he eventually wrote several books of local history, wrote a popular newspaper column, and had two television programs, one radio show; and Whereas, he has traveled the region giving countless speeches on the history of his chosen adopted city with all the color and characters intact; and Whereas, Mr. Phillips conducted tours of our beloved and historic East Hill Cemetery and downtown Bristol on a regular basis; and Whereas, he was made the Official Historian of Bristol, Virginia/Tennessee in 2006; and Whereas, his beloved Pleasant Hill with its many antiquities and artifacts that hold their own stories of which he willingly shares with all who darken his door, has long been known as home to Bud Phillips; and Whereas, V.N. Bud Phillips is an Arkansas native, but has in fact become a true son of Bristol; and Whereas, without his diligent written history collected amidst the years of stories gathered all along the state line where Virginia meets Tennessee our cities would be less rich in our realization of who we are today. Now, therefore be it proclaimed that I, Mayor Catherine Brillhart of Bristol, Virginia do hereby proclaim Monday, June 15, 2015 as V. N. Bud Phillips Day Mayor Brillhart entertained a motion to adopt a Proclamation Designating Bud Phillips Day. Council Member Odum made the motion to adopt a Proclamation Designating Bud Phillips Day. Motion was seconded by Council Member Hartley and carried by the following votes: Mr. Bud Phillips advised that he chose Bristol as his home mainly because of the friendliness, kindness, and goodness of the people. He stated that he was an adopted and naturalized citizen of the City and that he intended to spend the remainder of his days in Bristol. He stated that he found Bristol to be a unique place with a unique past, and unique people. He thanked everyone responsible for making June 15, 2015, V.N. Bud Phillips Day. 6. Ordinance 2 nd Reading

3 466 JUNE 9, ) Second Reading and Adoption of an Ordinance to Repeal and Reenact Article III Cigarette Tax Imposition; Rate; Seller Liable Mayor Brillhart entertained a motion for the second reading of an Ordinance to Repeal and Reenact Article III Cigarette Tax Imposition; Rate; Seller Liable. Council Member Hartley made the motion for the second reading of an Ordinance to Repeal and Reenact Article III Cigarette Tax Imposition; Rate; Seller Liable by caption only. Motion was seconded by Vice Mayor Hubbard and carried by the following votes: City Attorney, Ed Stout, read the following Ordinance by caption only: ORDINANCE TO REPEAL AND REENACT Article III Cigarette Tax Imposition; Rate; Seller Liable BE IT ORDAINED by the City Council for the City of Bristol, Virginia that Article III Cigarette Tax Imposition; Rate; Seller Liable of the City Code should be and is hereby repealed and re-enacted as follows: In addition to all other taxes of every kind, now or hereafter imposed by law, there is hereby levied and imposed by the City an excise tax on the sale of cigarettes equivalent to fourteen cents (0.14) on each package containing thirty (30) or fewer cigarettes sold within the city. The tax shall be paid by the seller if not previously paid and collected in the manner and at the time provided for in this article, provided that the tax payable for each package of cigarettes sold within the City shall be paid but once. For purposes of this section, package means any container, regardless of the material, used in its construction in which separate cigarettes are placed without such cigarettes being placed into any container within the package. Packages are those containers of cigarettes from which individual cigarettes are ordinarily taken when they are consumed by their ultimate user. The public good requiring it, an emergency is hereby declared and the rate change created by this ordinance shall become effective July 1, First Reading: May 26, 2015 Second Reading: June 9, 2015 Adopted: June 9, 2015 Mayor Brillhart entertained a motion to adopt an Ordinance to Repeal and Reenact Article III Cigarette Tax Imposition; Rate; Seller Liable. Vice Mayor Hubbard made the motion to adopt an Ordinance to Repeal and Reenact Article III Cigarette Tax Imposition; Rate; Seller Liable. Motion was seconded by Council Member Hartley and carried by the following votes: 7. Consider Approval of a Change to the Appendix to Chapter 70 of the City Code that Would Increase Solid Waste Collection Fees from $13 Per Month to $15 Per Month for All Single and Two-Family Attached and Detached Residences, Condominiums, Townhouses, and Any Other Residential Unit Where Electric Service is Individually Metered City Manager, Ms. Tabitha Crowder, advised that this change was included in the budget. She reminded City Council of the requests for proposals in September 2014, for refuse services. She advised that the cost for the City to provide the service was fourteen dollars and eighty-two cents ($14.82) per month, and to go with a private provider would increase that cost to nineteen dollars and seventy-nine cents ($19.79). Mayor Brillhart entertained a motion to approve a change to the Appendix to Chapter 70 of the City Code that would increase solid waste collection fees from thirteen dollars ($13) per month to fifteen dollars ($15) per month for all single and two-family

4 JUNE 9, attached and detached residences, condominiums, townhouses, and any other residential unit where electric service was individually metered. Vice Mayor Hubbard made the motion to approve a change to the Appendix to Chapter 70 of the City Code that would increase solid waste collection fees from thirteen dollars ($13) per month to fifteen dollars ($15) per month for all single and two-family attached and detached residences, condominiums, townhouses, and any other residential unit where electric service was individually metered. Motion was seconded by Council Member Hartley and carried by the following votes: 8. Ordinance 2 nd Reading 1) Second Reading and Adoption of a Budget Ordinance for Fiscal Year Mayor Brillhart entertained a motion for the second reading of a Budget Ordinance for Fiscal Year Council Member Steele made the motion for the second reading of a Budget Ordinance for Fiscal Year Motion was seconded by Vice Mayor Hubbard and carried by the following votes: City Attorney, Ed Stout, read the following Ordinance: BUDGET ORDINANCE FOR FY MAKING GENERAL FUND AND SOLID WASTE DISPOSAL ENTERPRISE FUND APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016 IN THE AMOUNT OF $61,937,787 AND $5,408,990 RESPECTIVELY AND REGULATING PAYMENTS OUT OF THE CITY TREASURY; AND ALSO FIXING THE TAX RATE ON REAL AND PERSONAL PROPERTY FOR FISCAL YEAR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BRISTOL, VIRGINIA: SECTION 1: That the amounts named herein, aggregating $61,937,787 are hereby appropriated from the General fund for the use of the several departments of the City Government for the fiscal year beginning July 1, 2015 and ending June 30, 2016, as the same is set forth in the budget adopted pursuant to Section 3 hereof. That the amounts named herein, aggregating $5,408,990 are hereby appropriated from the Solid Waste Disposal Fund for the use of solid waste disposal operations for the 2016 fiscal year. SECTION 2: That the rate of taxation on Real Estate Property be fixed at $1.12 (One Dollar and Twelve Cents) on the hundred dollars assessed valuation for the fiscal year The rate of taxation on Personal Property for Automobiles, Trucks, and Horse Trailers, be fixed at $2.10 (Two Dollars and Ten Cents) on the hundred dollars assessed valuation for the fiscal year 2016, and an assessment ratio of 100%. The rate of taxation for Machinery and Tools and all other personal property, be fixed at $7.00 (Seven Dollars and No Cents) on the hundred dollars assessed valuation for the fiscal year 2016, and an assessment ratio of 30%. This is in order to secure the amount necessary to carry out the provisions of this budget. SECTION 3: That the annual budget heretofore presented to City Council by the City Manager as the same has been amended in the various workshops of the City Council and as the same, is in its final form attached hereto, is hereby adopted by City Council and incorporated in this budget ordinance by reference pursuant to Section of the City Charter. That the salaries, wages, and allowances set out in the budget statement and adopted by City Council for the fiscal year beginning July 1, 2015 and ending June 30, 2016 be, and they are hereby authorized and fixed as the maximum allowance to be allowed officers and employees for the services rendered, unless otherwise provided by ordinance, provided, however, that the City Manager is authorized to make such rearrangement of positions in the departments of the City as may best meet the needs and interests of the City and to transfer parts of salaries from one department to another when extra work or personnel are transferred from one department to another.

5 468 JUNE 9, 2015 SECTION 4: Upon the recommendation of the City Manager and when said new appropriation is approved by City Council, the Chief Financial Officer may thereafter transfer a balance appropriated but unused for one purpose for the current fiscal year to another purpose or object for which the appropriations for said purpose or object for the current year have proven insufficient, even though that requires transferring said funds from one department of the City to another. The Chief Financial Officer may, upon authorization of the City Manager, transfer funds between line items appropriated within the same department or office to meet unexpected obligations within the same department or office. SECTION 5: If the timing of receipt of revenues in the course of the fiscal year requires the borrowing of money to support expenditures within the appropriations herein authorized in anticipation of receipt of future revenues, it is hereby authorized that the City may issue its promissory note or notes from time to time during the fiscal year and may borrow and re-borrow thereunder so long as at no time shall the aggregate principal amount of all notes outstanding exceed $6,000, (Six Million Dollars). Each and all of said notes shall have a maturity date no later than one year from date of issue. Each and all such notes shall be payable exclusively from the taxes and revenues for the City of Bristol Virginia. This note or notes of the City shall be backed by the full faith and credit of the City and shall be general obligation bonds. SECTION 6: This ordinance to take effect July 1, 2015, the best interests of the City requiring it. First Reading: May 12, 2015 Second Reading: June 9, 2015 Adopted: June 9, 2015 Mayor Brillhart entertained a motion to adopt a Budget Ordinance for Fiscal Year Council Member Hartley made the motion to adopt a Budget Ordinance for Fiscal Year Motion was seconded by Vice Mayor Hubbard and carried by the following votes: 9. Ordinance 1 st Reading 1) First Reading and Adoption of an Ordinance to Convey a Portion of the White Property, Commonly Known as 330 Bonham Road, Bristol, Virginia, to the Industrial Development Authority of Bristol, Virginia, to be used for Economic Development within the City Assistant City Manager, Mr. Andrew Trivette, explained that the City owns the building located at 330 Bonham Road which is currently utilized as the Southwest Virginia Criminal Justice Training Academy. He advised that the City had received a request from the Academy to consider their twenty (20) year lease, which is set to expire in July, as a buyout of the lease. He explained that when the lease was signed, a deposit of twenty thousand dollars ($20,000) was made along with monthly rent payments. He advised that the Academy presented City staff a purchase offer of three hundred fifty thousand dollars ($350,000) as a buyout for the remainder of the lease. He advised that staff recommends approval of the transfer of the property to Southwest Virginia Criminal Justice Training Academy. Council Member Odum stated that the City would benefit from the Academy remaining in the City in that the City s officers could stay and train here and still be available in the event of an emergency. Mayor Brillhart entertained a motion for the first reading of an Ordinance to Convey a Portion of the White Property, Commonly Known as 330 Bonham Road, Bristol, Virginia, to the Industrial Development Authority of Bristol, Virginia, to be used for Economic Development within the City. Council Member Odum made the motion for the first reading of an Ordinance to Convey a Portion of the White Property, Commonly Known as 330 Bonham Road, Bristol,

6 JUNE 9, Virginia, to the Industrial Development Authority of Bristol, Virginia, to be used for Economic Development within the City. Motion was seconded by Council Member Hartley and carried by the following votes: City Attorney, Ed Stout, read the following Ordinance: ORDINANCE TO CONVEY A PORTION OF THE WHITE PROPERTY, COMMONLY KNOWN AS 330 BONHAM ROAD, BRISTOL, VIRGINIA TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF BRISTOL VIRGINIA TO BE USED FOR ECONOMIC DEVELOPMENT WITHIN THE CITY WHEREAS, the City of Bristol, Virginia acquired certain property commonly referred to as the White Property by three separate deeds: 1. Deed from Charles H. White and Grace L. White dated July 31, 1972 and of record in the office of the Clerk of the Circuit Court for Washington County Virginia in Deed Book 490 at page Deed from Grace Luerta Akers White, et al. dated April 25, 1988 and of record in the office of the Clerk of the Circuit Court for the City of Bristol, Virginia, in Deed Book 268 at page Deed from Donald White and Margaret White, his wife, dated May 9, 1988 of record in the office of the Clerk of the Circuit Court for the City of Bristol, Virginia, in Deed Book 268 at page 440; and WHEREAS, the aforementioned property is shown as Tract 3 on a Plat entitled Property of the City of Bristol, Virginia, formerly White Property, dated September 1994 and of record in the office of the Clerk of the Circuit Court for the City of Bristol Virginia in Plat Book 4, at pages (Slide 1-40), more particularly described as follows: BEGINNING at a point in the southwesterly right-of-way line of Bonham Road, corner to property now or formerly belonging to East Bristol Church of Christ; thence S W 295 feet to a point; thence continuing S W feet to a point in the corner of the common property line with Lynnwood Hills Subdivision; thence N W feet to a point; thence N E feet to a point; thence N E feet to a point in the southwesterly right-of-way line of Bonham Road; thence S E feet to the Point of BEGINNING; and WHEREAS, Tract 3 is a 2.61 acre tract of land which has been subject to a Lease in favor of the Southwest Virginia Criminal Justice Training Academy since February 14, 1995; and WHEREAS, the aforementioned Lease is set to expire and Southwest Virginia Criminal Justice Training Academy has approached the City and made an offer to purchase the property so that it can continually house the Academy on the premises; and WHEREAS, the City finds that retaining the Southwest Virginia Criminal Justice Training Academy not only is beneficial to the economic development of the City but also provides benefit to the City s law enforcement officers who are able to train at a facility located in the City rather than traveling elsewhere in the region for that purpose; and WHEREAS, the City wishes to transfer the aforementioned property to the Industrial Development Authority of the City of Bristol, Virginia (hereinafter IDA ) for the purpose of economic development as stated herein; and WHEREAS, the City makes an express finding that this transfer to the IDA and subsequent transfer to the Southwest Virginia Criminal Justice Training Academy is for the purpose of economic development within the City and accordingly the formal requirements for the transfer of real property set forth in of the City Charter of the City of Bristol, Virginia, are hereby waived; and WHEREAS, the City consents to the sale of the aforementioned property to the Southwest Virginia Criminal Justice Training Academy for the sum of $350,000 and requests that the IDA proceed with the sale of said property for said sum.

7 470 JUNE 9, 2015 NOW THEREFORE, BE IT ORDAINED by the City Council for the City of Bristol, Virginia, as follows: 1. The City shall transfer the above-described property at 330 Bonham Road, Bristol, Virginia, by General Warranty Deed to the Industrial Development Authority the purpose stated herein. 2. In consideration of this conveyance, the City requests that the IDA assign its rights to the purchase price paid at closing. 3. The public good requiring it, time being of the essence to utilize said property for economic development purposes as soon as possible, an emergency is declared and this Ordinance shall take effect immediately upon first reading and adoption. First Reading: June 9, 2015 Adopted: June 9, 2015 Mayor Brillhart entertained a motion to adopt an Ordinance to Convey a Portion of the White Property, Commonly Known as 330 Bonham Road, Bristol, Virginia, to the Industrial Development Authority of Bristol, Virginia, to be used for Economic Development within the City. Council Member Odum made the motion to adopt an Ordinance to Convey a Portion of the White Property, Commonly Known as 330 Bonham Road, Bristol, Virginia, to the Industrial Development Authority of Bristol, Virginia, to be used for Economic Development within the City. Motion was seconded by Council Member Hartley and carried by the following votes: 10. Consider appropriating the following additions to FY14-15 Budget: Sheriff Department Appropriate a donation received by the Sheriff Dept. Expense Revenue Police Department Appropriate insurance recovery funds Expense Revenue Appropriate a donation received by the Police Department Expense Revenue Appropriate Byrne Justice Assistance Grant Public Works Expense , Revenue , Appropriate monies received for stormwater management Expense , Revenue , Revenue ,000.00

8 JUNE 9, Appropriate driveway repair recovered costs Expense , Revenue , Appropriate sale of equipment Expense , Revenue , Fire Department Appropriate a sale of equipment from the Fire Department Expense , Revenue , Appropriate reimbursement for travel expenses Expense Revenue Mayor Brillhart entertained a motion to appropriate the additions to the FY Budget as presented. Council Member Odum made the motion to appropriate the additions to the FY Budget as presented. Motion was seconded by Council Member Steele and carried by the following votes: 11. Consider the Following Appointment: Virginia acorridor Board City Manager, Ms. Tabitha Crowder, advised that Bristol s seat on the acorridor Board was currently open and, that with the Director, Mr. Tom Elliott, retiring, staff deemed it important to have a representative from Bristol appointed during the search for his replacement. She continued by stating that Mr. Elliott requested that the City Manager be appointed to the board, which followed what other localities have done. She recommended appointing Assistant City Manager, Mr. Andrew Trivette, as the designated alternate. Mayor Brillhart entertained a motion to appoint Ms. Tabitha Crowder to serve on the Virginia acorridor Board and for Mr. Andrew Trivette to serve as an alternate. Council Member Hartley made the motion to appoint Ms. Tabitha Crowder to serve on the Virginia acorridor Board and for Mr. Andrew Trivette to serve as an alternate. Motion was seconded by Council Member Odum and carried by the following votes: 12. Adjournment There being no further business, the meeting was adjourned. ******** ****** **** ** * City Clerk Mayor