City Council Kevin Mumpower, Mayor Kevin Wingard, Vice Mayor Doug Fleenor, Council Member Bill Hartley, Council Member Neal Osborne, Council Member

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1 City Council Kevin Mumpower, Mayor Kevin Wingard, Vice Mayor Doug Fleenor, Council Member Bill Hartley, Council Member Neal Osborne, Council Member BRISTOL, VIRGINIA CITY COUNCIL 300 Lee Street, Bristol, Virginia October 9, :00pm Call to Order Moment of Silence Pledge of Allegiance A. Mayor s Minute and Council Comments B. City Manager s Comments C. Matters to be Presented by Members of the Public- Non-Agenda Items. REGULAR AGENDA 1. Consider a Public Hearing Regarding an Ordinance to Vacate all of a certain Public Right-of-way (New Hope Baptist Church) in the City of Bristol. a. Open Hearing b. Staff Comment c. Public Comment d. Close Hearing 2. Consider a First Reading of an Ordinance to Vacate all of a certain Public Rightof-way (New Hope Baptist Church) in the City of Bristol, by caption only. a. Staff Report b. Public Comments c. Council Motion and Second for First Reading of Ordinance d. Council Discussion e. Roll Call f. Reading of Ordinance (by caption only) 3. Consider a Second Reading and Adoption of an Ordinance to Vacate All of a Certain Public Right-of-way (Wagner Alley) in the City of Bristol, by caption only. a. Staff Report b. Public Comments c. Council Motion and Second for Second Reading of Ordinance (by caption only)

2 d. Council Discussion e. Roll Call f. Reading of Ordinance (by caption only) g. Council Motion and Second for Adoption of Ordinance h. Roll Call 4. Consider a Second Reading and Adoption of an Ordinance to Approve Zoning Map Amendment application # to rezone Tax Map # (a 5.4 acre portion of the former Tax Map No. 190-A-6A) from R-1 (Single-Family Residential) to B-3 (Intermediate Business), by caption only. a. Staff Report b. Public Comments c. Council Motion and Second for Second Reading of Ordinance (by caption only) d. Council Discussion e. Roll Call f. Reading of Ordinance (by caption only) g. Council Motion and Second for Adoption of Ordinance h. Roll Call 5. Consider Resolution in Support of School Funding Bill. a. Staff Report b. Public Comment c. Reading of Proclamation d. Council Motion and Second e. Council Discussion f. Roll Call 6. Discussion on Charter Changes. a. Staff Report b. Council Discussion 7. Consider Closed Session pursuant to A6, Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected (proprietary). a. Motion and Second b. Roll Call 7.1 Certify Closed Session a. Roll Call CONSENT AGENDA 8.1 Consider Approval of Minutes. September 20, 2018

3 September 25, Consider Supplemental Appropriation of $3,092 to the FY19 Budget per the Item Listed Below. Fire Department Appropriate additional funding awarded for the Aid to Localities Entitlement Program. Expenditure Fire Programs Fund $2,107 Revenue Fire Program Fund-Aid to Locality $2,107 Appropriate a donation received from We Run Events, LLC. Expenditure Operating Supplies & Materials $750 Revenue Donations & Gifts-Fire Dept. $750 Police Department Appropriate a reimbursement received for towing charges. Expenditure Operating Supplies & Mat $35 Revenue Recovered Costs $35 Parks & Recreation Programming Appropriate donations received for flag football. Expenditure Operating Supplies & Mat $200 Revenue Donations $ Consider budget transfers of $44,248 for specific items listed below: Police Department Appropriate the transfer of budgeted funds for donations received. These funds were received in June 2018 and appropriated to by supplemental appropriation to the FY19 budget. Increase Police Calendars $2,000 Decrease Other Equipment $2,000 Municipal Council Appropriate a reallocation of health insurance budgeted amounts from City Manager and Police Departments to Council based on present actual enrollment. Increase Insurance $42,248 Decrease Insurance $10,000 Decrease Insurance $32,248

4 8.4 Consider Purchase Requisitions per the item below: Police Department; Body-Worn Camera $23, E. Adjournment 8.5 Consider Approval of Highlands Community Services performance contract.

5 Meeting Date: October 9, 2018 Department: Engineering Staff Contact: John Puckett BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item #1 AGENDA ITEM WORDING: Public Hearing Regarding an Ordinance to Vacate all of a certain Public Right-of-way (New Hope Baptist Church) in the City of Bristol. ITEM BACKGROUND: Code requires that the vacating of a public right-of-way requires advertising of such request and a public hearing. The City Council shall then consider the request to vacate the rightof-way by ordinance. Attached you will find an ordinance to vacate a public right-of-way along with an aerial photograph of its location. This request is being made by the Trustees of the New Hope Baptist Church. New Hope Baptist Church owns all adjoining property except for a portion of an unnamed alley bordering the south property line that will remain open and unimproved. This request has followed the procedure to vacate right-of-way. A petition has been filed and the public hearing advertised on September 24 and October 1, The request has been circulated to other departments and BVU with no comments in opposition. Staff recommends approval of this vacation. Attached are copies of the petition, an aerial photograph showing the location of the request and a copy of the ordinance for first reading. PREVIOUS RELEVANT ACTION: None STAFF RECOMMENDATIONS: Staff recommends that the City Council vacate the public right-of-way as shown on the attached aerial photograph. DOCUMENTATION: Included X Not Required MOTION: Revised 03/10

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10 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item #2 Meeting Date: October 9, 2018 Department: Engineering Staff Contact: John Puckett AGENDA ITEM WORDING: First Reading of an Ordinance to Vacate all of a certain Public Right-of-way in the City of Bristol, by caption only. ITEM BACKGROUND: Code requires that the vacating of a public right-of-way be done by approval of the City Council by ordinance. Attached you will find an ordinance to vacate a public right-of-way along with an aerial photograph of its location. This request is being made by the Trustees of the New Hope Baptist Church. New Hope Baptist Church owns all adjoining property except for a portion of an unnamed alley bordering the south property line that will remain open and unimproved. This request has followed the procedure to vacate right-of-way. A petition has been filed and the public hearing advertised on September 24 and October 1, The request has been circulated to other departments and BVU with no comments in opposition. Staff recommends approval of this vacation. Attached are copies of the petition, an aerial photograph showing the location of the request and a copy of the ordinance for first reading. PREVIOUS RELEVANT ACTION: None STAFF RECOMMENDATIONS: Staff recommends that the City Council vacate the public right-of-way as shown on the attached aerial photograph. DOCUMENTATION: Included X Not Required MOTION: Move for a first reading of the ordinance, by caption only. Revised 03/10

11 ORDINANCE TO VACATE A PORTION OF AN IMPROVED PUBLIC RIGHT-OF-WAY OF AN UN-NAMED ALLEY WHEREAS, the City of Bristol, Virginia desires to vacate a portion of a right-of-way of an un-named alley in the City of Bristol, Virginia, more particularly described as follows: Beginning at a point on the southwesterly right-of-way of Martin Luther King Jr Boulevard, being the northeasterly corner of Tax Parcel No A; Thence leaving said right-of-way of Martin Luther King Jr Boulevard in a southwesterly direction with the property line of Tax Parcel No A to the northeasterly side of a 10 alley, being the corner of Tax Parcel No A; Thence with a new line in a southeasterly direction, continuing the direction of the 10 alley, to the property line of Tax Parcel No ; Thence in a northeasterly direction with Tax Parcel No to the southwesterly rightof-way of Martin Luther King Jr Boulevard; Thence in a northwesterly direction with the right-of-way of Martin Luther King Jr Boulevard to the Pont of Beginning. WHEREAS, the vacating of said right-of-way has been advertised, and a public hearing held, all in compliance with of the 1950 Code of Virginia, as amended. NOW THEREFORE BE IT ORDAINED, by the City Council for the City of Bristol, Virginia that the right-of-way in the City of Bristol, Virginia described above should be, and hereby is vacated; and BE IT FURTHER ORDAINED, that the Clerk of the City shall cause a certified copy of this ordinance be recorded among the land records in the office of the Circuit Court for the City of Bristol as required by law. First Reading: Second Reading: Adopted:

12 Meeting Date: October 9, 2018 Department: Engineering Staff Contact: John Puckett BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item #3 AGENDA ITEM WORDING: Consider Second Reading and Adoption of an Ordinance to Vacate all of a certain Public Rightof-way in the City of Bristol (by caption only). ITEM BACKGROUND: Code requires that the vacating of a public right-of-way be done by approval of the City Council by ordinance. Attached you will find an ordinance to vacate a public right-of-way along with an aerial photograph of its location. This request is being made by the Trustees of the Euclid Ave. Baptist Church. Euclid Avenue Baptist Church owns all adjoining property. This request has followed the procedure to vacate right-of-way. A petition has been filed and the public hearing advertised on September 10 and September 17, The request has been circulated to other departments and BVU with no comments in opposition. Staff recommends approval of this vacation. Attached are copies of the petition, an aerial photograph showing the location of the request and a copy of the ordinance for first reading. PREVIOUS RELEVANT ACTION: Public hearing and first reading of ordinance 9/25/18. STAFF RECOMMENDATIONS: Staff recommends that the City Council vacate the public right-of-way as shown on the attached aerial photograph. DOCUMENTATION: Included X Not Required MOTION: Revised 03/10

13 18-9 ORDINANCE TO VACATE A PORTION OF AN IMPROVED PUBLIC RIGHT-OF-WAY OF WAGNER ALLEY WHEREAS, the City of Bristol, Virginia desires to vacate a portion of a right-of-way of Wagner Alley in the City of Bristol, Virginia, more particularly described as follows: Beginning at a point on the northeasterly right-of-way of Pearl Street, being the southwesterly corner of Tax Parcel No ; Thence leaving said right-of-way of Pearl Street in a northeasterly direction with the property line(s) of Tax Parcel(s) No , , , to the previously vacated portion of Wagner Alley; Thence with said previously vacated portion of Wagner Alley in a southeasterly direction to the line of Tax Parcel No ; thence in a southwesterly direction, continuing the direction of the alley, to the Pearl Street right-of-way and being the northwesterly corner of Tax Parcel ; Thence in a northwesterly direction with the right-of-way of Pearl Street to the Point of Beginning and being all of the remaining unvacated right-of-way of Wagner Alley between Pearl Street and Park Street. WHEREAS, the vacating of said right-of-way has been advertised, and a public hearing held, all in compliance with of the 1950 Code of Virginia, as amended. NOW THEREFORE BE IT ORDAINED, by the City Council for the City of Bristol, Virginia that the right-of-way in the City of Bristol, Virginia described above should be, and hereby is vacated; and BE IT FURTHER ORDAINED, that the Clerk of the City shall cause a certified copy of this ordinance be recorded among the land records in the office of the Circuit Court for the City of Bristol as required by law. First Reading: 9/25/18 Second Reading: 10/9/18 Adopted: 10/9/18 ******** ****** **** ** * PASSED AND ADOPTED by the City Council of the City of Bristol, Virginia, at a regularly scheduled meeting of said Council on, (SEAL) Attest: Nicole Storm Clerk of the City of Bristol, Virginia City Clerk Mayor

14 CITY COUNCIL AGENDA ITEM SUMMARY Item #4 Meeting Date: October 9, 2018 Division: Community Development/Planning Bulk Item: Yes No X Staff Contact: Sally Morgan, City Planner AGENDA ITEM WORDING: Consideration of Second Reading of Ordinance to Approve Zoning Map Amendment application # to rezone Tax Map # (a 5.4 acre portion of the former Tax Map No. 190-A-6A) from R-1 (Single-Family Residential) to B-3 (Intermediate Business) ITEM BACKGROUND: An application was received on August 9 for a Zoning Map Amendment to rezone 5.4 acres owned by Clarence Dishman and located on Stagecoach Road from R-1 (Single-Family Residential) to B-3 (Intermediate Business). The property owner/applicant desires to sell the subject property for commercial development due to its proximity to the Interstate. No development plans exist for the property at this time. As required by the Code of Virginia, a joint public hearing of the Planning Commission and the City Council was held on September 11. The hearing was properly advertised in the August 27 and September 3 issues of the Bristol Herald-Courier and notices were sent to all adjoining property owners by certified mail (in accordance with VA Code ). The property was posted with a sign displaying the public hearing date. The Planning Commission voted at its regular meeting on September 17 to recommend the zoning map amendment to City Council. Because a zoning map amendment is a change of the city code, it requires that an ordinance be adopted by City Council. PREVIOUS RELEVANT ACTION: July 16, 2018 The Planning Commission approved the division of 5.4 acres from the original 38 acres of the Dishman property August 14, 2018 City Council approved the division of the 5.4 acre tract, and the plat was recorded on August 23, August 20, 2018 The Planning Commission voted to forward the application to the City Council for a Joint Public Hearing September 11, 2018 The joint public hearing was held to hear comments on the application September 17, 2018 The Planning Commission voted 5-0 (with two members absent) to recommend the rezoning application to City Council September 25, 2018 The City Council approved the first reading of the ordinance to approve Zoning Map Amendment # STAFF RECOMMENDATION: Staff recommends approval of Zoning Map Amendment #

15 18-10 AN ORDINANCE BY THE CITY COUNCIL OF BRISTOL, VIRGINIA APPROVING THE REQUEST BY CLARENCE DISHMAN TO AMEND THE CITY ZONING MAP FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO INTERMEDIATE BUSINESS (B-3) FOR PROPERTY DESCRIBED AS MAP PARCEL # (A 5.4 ACRE PROTION OF FORMER MAP PARCEL #190-A-6A) LOCATED ON STAGECOACH ROAD WHEREAS, the City Council and Planning Commission, during a joint public hearing held on September 11, 2018 conducted a review and consideration of the request by Clarence Dishman, the property owner, to amend the zoning map from Single-Family Residential (R-1) to Moderate-Density Residential (R-3) for the property described above and having the real estate tax parcel number of ; and WHEREAS, the first reading of this ordinance occurred at the regularly scheduled September 25, 2018 meeting of the City Council and the second reading occurred at the regularly scheduled meeting of the City Council held on October 9, 2018; and WHEREAS, the Planning Commission recommends approval of this zoning map amendment from R-1 to B-3 as indicated by vote and recorded in the minutes of the regularly scheduled meeting of the Planning Commission held on September 17, 2018; and WHEREAS, the City Council makes the following Findings of Fact: 1. Section of the City Code and Section Code of Virginia allows the City Council to consider adopting an ordinance to enact map changes with reasonable consideration given to the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the protection of life and property from impounding structure failures, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality. 2. Section (11) of the City Code states that the purpose of the B-3 District is to provide a place for business uses that do not require a central location. It shall provide areas for development of retail and personal service commercial, community and regional shopping centers of integrated design and high-density development of commercial businesses in certain areas adjacent to major transportation arteries or thoroughfares within the city. 3. The Bristol, Virginia Comprehensive Plan adopted in March 2017 addresses future commercial development in the Exit 5 and 7 areas and encourages continued efforts to grow City Council ZMA # Ordinance Page 1 of 4

16 18-10 that area into the premier shopping destination within the Tri-Cities area. (Page 53, Objective #3). 4. The Bristol, Virginia Comprehensive Plan also identifies the subject property as Regional Commercial on the Future Land Use Map (Page 32). This land use designation is to encourage establishments that draw from a regional consumer traveling along I-81, as opposed to the Local Commercial land use category that is intended to provide daily goods and services conveniently to nearby neighborhoods (P. 33). WHEREAS, the City Council makes the following Conclusions of Law: 1. The Planning Commission, and Staff have given reasonable consideration to the impact of the proposed map amendment for consistency with and impact on the factors listed in Paragraph 1 above, including the existing use and character of the property, the Comprehensive Plan, the suitability of the property for various uses, the trends of growth and change, and the current and future requirements of the community. 2. The proposed map amendment is consistent with the 2017 Bristol, Virginia Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BRISTOL, VIRGINIA, THAT: Section 1. Section 2. Section 3. Section 4. Section 5. The City Council specifically adopts the findings of fact and conclusions of law stated above. The previously described property, which is currently zoned Single-Family Residential (R-1) shall be zoned Intermediate Business (B-3) as shown on the attached map and incorporated by reference as Exhibit 1. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. This ordinance shall be take effect 30 days following adoption. PASSED AND ADOPTED by the City Council of the City of Bristol, Virginia, at a regularly scheduled meeting of said Council held on the 9 th day of October, Mayor Kevin Mumpower Vice Mayor Kevin Wingard Councilman Neal Osborne Councilman Bill Hartley Councilman Doug Fleenor City Council ZMA # Ordinance Page 2 of 4

17 18-10 (SEAL) Attest: Nicole Storm CLERK OF THE CITY OF BRISTOL, VIRGINA COUNCIL By Clerk By Mayor City Council ZMA # Ordinance Page 3 of 4

18 18-10 Exhibit 1 Area of Map Amendment E i ti P d City Council ZMA # Ordinance Page 4 of 4

19 Meeting Date: _10/9/18 Department: City Council Staff Contact: Bill Hartley BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item #5 AGENDA ITEM WORDING: Consider Resolution in Support of School Funding Bill ITEM BACKGROUND: Senator Bill Stanley (Franklin Co.) has submitted a bill to provide school division s access to state funds to address their capital needs. A resolution in support of this bill was passed by the Bristol Virginia School Board on October 1. PREVIOUS RELEVANT ACTION: STAFF RECOMMENDATIONS: Approve. DOCUMENTATION: Included Not Required X MOTION: Move to approve the resolution in support of school funding. Revised 03/10

20 City of Bristol, Virginia 300 Lee Street, Bristol, Virginia (276) FAX: (276) Website: Resolution of Support WHEREAS, the Constitution of Virginia requires that the General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth, and shall seek to ensure that an educational program of high quality is established and continually maintained; and WHEREAS, high quality public schools provide the critical foundation of knowledge that is required for a student to become a successful and productive member of a community; and WHEREAS, in the United States, the average age of school facilities is 44 years old, according to The Roanoke Times; and WHEREAS, in Bristol, Virginia, the average age of school facilities is 68 years old; and WHEREAS, three of the six City of Bristol, Virginia schools were built before 1949; and WHEREAS, five of the six City of Bristol, Virginia schools were built before 1969; and WHEREAS, Highland View Elementary was deemed functionally obsolete in 2011; and WHEREAS, Washington-Lee and Stonewall Jackson Elementary Schools are handicap inaccessible, do not meet current code or safety standards, and are approaching end of life; and WHEREAS, public schools throughout Southwest Virginia are showing significant signs of age and deterioration to the point where the ability to provide high quality educational programs is becoming significantly affected; and WHEREAS, many of these schools also do not contain the equipment and/or systems to support collaborative and creative learning that are a must in a 21st Century world; and WHEREAS, a 2013 Virginia study indicated the cost to modernize schools across the state was estimated at $15 billion; and WHEREAS, renovating older buildings is much more expensive than the cost of new construction meaning many local school boards in Southwest Virginia do not have the capacity to afford renovation costs, nor do these boards have the legal authority to generate revenue; and WHEREAS, State Senator Bill Stanley has proposed the issuance of a statewide bond referendum whereby the proceeds would support the replacement, rehabilitation, and/or renovation of aging public school facilities;

21 NOW, THEREFORE BE IT RESOLVED that the Bristol Virginia City Council formally offers its support to Senator Stanley s proposal and encourages the General Assembly to hold a statewide bond referendum, using the revenue generated to renovate and modernize aging school facilities. Signed this 9th day of October Mayor City Clerk

22 Meeting Date: _10/9/18 Department: City Clerk Staff Contact: Nicole Storm BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item #8.1 AGENDA ITEM WORDING: Consider Approval of Minutes. ITEM BACKGROUND: PREVIOUS RELEVANT ACTION: Approval of meeting minutes: September 20, 2018 Called Meeting September 25, 2018 Regular Meeting STAFF RECOMMENDATIONS: DOCUMENTATION: Included X Not Required MOTION: _I move to approve the consent agenda. Revised 03/10

23 September 20, A CALLED MEETING OF THE BRISTOL, VIRGINIA, CITY COUNCIL WAS HELD ON SEPTEMER 20 TH, 2018 AT 6:00PM AT 300 LEE STREET, BRISTOL, VIRGINIA WITH VICE-MAYOR KEVIN WINGARD. COUNCIL MEMBERS PRESENT WERE WILLIAM HARTLEY, AND NEAL OSBORNE. MAYOR KEVIN MUMPOWER AND COUNCIL MEMBER DOUGLAS FLEENOR WERE ABSENT. CITY MANAGER/INTERIM CITY ATTORNEY, RANDALL EADS, WAS ALSO PRESENT. Vice-Mayor Wingard called the meeting to order, and asked for a motion to go into closed session pursuant to A5, Code of Virginia, 1950, as amended. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business or industry s interest in locating or expanding its facilities in the community (Unannounced business prospect). Mr. Hartley made a motion to go into closed session for the reasons stated, which was seconded by Mr. Osborne. The motion carried by the following votes: AYES: Hartley, Osborne, Wingard. Vice-Mayor Wingard asked for a roll call vote to certify the closed session. AYES: Hartley, Osborne, Wingard. There being no other business, the meeting was adjourned. ****** ****** **** ** * City Clerk Mayor

24 September 25, 2018 A REGULAR MEETING OF THE BRISTOL, VIRGINIA, CITY COUNCIL WAS HELD ON SEPTEMBER 25 TH, 2018 AT 6:30PM AT 300 LEE STREET, BRISTOL, VIRGINIA WITH MAYOR KEVIN MUMPOWER PRESIDING. COUNCIL MEMBERS PRESENT WERE VICE MAYOR KEVIN WINGARD, WILLIAM HARTLEY, AND NEAL OSBORNE. DOUGLAS FLEENOR WAS ABSENT. CITY MANAGER/INTERIM CITY ATTORNEY, RANDALL EADS, AND CHIEF FINANCIAL OFFICER TAMRYA SPRADLIN WERE PRESENT. Mayor Mumpower called for a moment of silence followed by the pledge of allegiance to the flag. City Manager Randall Eads reported that the application by Dharma Pharmaceuticals to the Virginia Board of Pharmacy had been granted conditional approval. Mayor Mumpower commented on another successful Rhythm and Roots Reunion over the weekend. Mr. Hartley made a motion that Items #6, #7, and #9 (closed session) be tabled. Mr. Osborne seconded the motion, which carried by the following votes: AYES: Hartley, Osborne, Wingard, Mumpower. David Meadows spoke about his support for the proposed Bristol Casino project. Nancy Marney spoke against the proposed Bristol Casino project and said that she supports the Police Department, Fire Department, and Department of Public Works. Reverend Jackie Nophlin spoke about her concern of closing elementary schools and bussing them across town. Ronnie Mathis spoke about his support for the proposed Bristol Casino project. 1. Receive Update on School Construction Project. Bristol Virginia Public Schools Superintendent Dr. Keith Perrigan gave an update on the proposed new elementary school using PPEA financing. Dr. Perrigan discussed all of the options that were reviewed by the School Board before reaching their decision to construct a new elementary school and close Stonewall Jackson and Washington Lee Elementary schools. Mr. Hartley asked about transportation options for families that will be further away from the elementary school. Mayor Mumpower asked about the financing options considered by the School Board and if the School Board would support a referendum on the issue. Nancy Marney spoke about her support to renovate the existing schools instead of constructing a new elementary school. 2. Consider a Public Hearing Regarding an Ordinance to Vacate all of a certain Public Right-of-way in the City of Bristol (Euclid Avenue Baptist Church). Mayor Mumpower opened the public hearing. Engineering Technician II John Puckett gave an overview of the petition received from Euclid Avenue Baptist Church to vacate the right-of-way in the alleyway behind the church, and that BVU, City Fire and Police Departments had been given the opportunity to comment on the proposal with no issues presented. The Mayor closed the public hearing with no public comments made. 3. Consider a First Reading of an Ordinance Vacate all of a certain Public Right-of-way in the City of Bristol (Euclid Avenue Baptist Church). Mr. Wingard made a motion for first reading of the ordinance, which was seconded by Mr. Osborne. The motion was carried by the following votes: AYES: Hartley, Osborne, Wingard, Mumpower. City Manager Randall Eads read the ordinance: ORDINANCE TO VACATE A PORTION OF AN IMPROVED PUBLIC RIGHT-OF-WAY

25 September 25, 2018 OF WAGNER ALLEY WHEREAS, the City of Bristol, Virginia desires to vacate a portion of a right-of-way of Wagner Alley in the City of Bristol, Virginia, more particularly described as follows: Beginning at a point on the northeasterly right-of-way of Pearl Street, being the southwesterly corner of Tax Parcel No ; Thence leaving said right-of-way of Pearl Street in a northeasterly direction with the property line(s) of Tax Parcel(s) No , , , to the previously vacated portion of Wagner Alley; Thence with said previously vacated portion of Wagner Alley in a southeasterly direction to the line of Tax Parcel No ; thence in a southwesterly direction, continuing the direction of the alley, to the Pearl Street right-ofway and being the northwesterly corner of Tax Parcel ; Thence in a northwesterly direction with the right-of-way of Pearl Street to the Point of Beginning and being all of the remaining un-vacated right-of-way of Wagner Alley between Pearl Street and Park Street. WHEREAS, the vacating of said right-of-way has been advertised, and a public hearing held, all in compliance with of the 1950 Code of Virginia, as amended. NOW THEREFORE BE IT ORDAINED, by the City Council for the City of Bristol, Virginia that the right-of-way in the City of Bristol, Virginia described above should be, and hereby is vacated; and BE IT FURTHER ORDAINED, that the Clerk of the City shall cause a certified copy of this ordinance be recorded among the land records in the office of the Circuit Court for the City of Bristol as required by law. 4. Consider First Reading of Ordinance to Approve Zoning Map Amendment application # to rezone Tax Map # (a 5.4 acre portion of the former Tax Map No. 190-A-6A) from R-1 (Single-Family Residential) to B-3 (Intermediate Business) City Manager Randall Eads said that Sally Morgan, City Planner, was unable to attend this evening s meeting as she was receiving an award in Washington, D.C. for State Street. Mr. Eads said that the ordinance and public hearing had been advertised as required. The Planning Commission voted 5-0 to recommend the rezoning application at its September 17 th meeting. Mr. Wingard made a motion to approve the rezoning application, which was seconded by Mr. Osborne. Mr. Hartley asked if the ordinance could be read by caption only as it had been available to the public since Friday. The motion was carried by the following votes: AYES: Hartley, Osborne, Wingard, Mumpower. Mr. Eads read the ordinance by caption only: Ordinance to Approve Zoning Map Amendment application # to rezone Tax Map # (a 5.4 acre portion of the former Tax Map No. 190-A-6A) from R-1 (Single-Family Residential) to B-3 (Intermediate Business). 5. Consider Letter of Support for the Southwest Virginia EMS Council. City Manager Randall Eads said that the letter of support will be used for the Southwest Virginia EMS Council to renew their state designation and that he recommended approval of the letter. Mr. Osborne made a motion to approve the letter of support, which was seconded by Mr. Wingard. The motion was carried by the following votes: AYES: Hartley, Osborne, Wingard, Mumpower. Mayor Mumpower then read the following from the letter:

26 September 25, 2018 The Bristol, Virginia City Council has been informed that the Southwest Virginia EMS Council is applying to renew its designation as a regional emergency medical services council pursuant to sections , , and of the Code of Virginia, and Chapter 31, sections of the Virginia Emergency Medical Services Regulations. I understand that the goal of this process is to obtain continued authorization to operate and provide the services of a designated regional EMS council. The Southwest Virginia EMS Council has served as a regional emergency medical services council since its inception in The organization has been instrumental in planning, coordinating, and improving the regional EMS delivery system. The organization provides valuable services to EMS stakeholders in our region (including EMS system planning, coordination, and training), and the Council Board of Directors includes representation from all sixteen jurisdictions in their proposed service area in southwest Virginia. The City of Bristol is familiar with the Southwest Virginia EMS Council s work to reduce death and disability resulting from medical and traumatic emergencies in southwest Virginia and to support the various components of the regional EMS system. For that reason, we offer support of their designation application. We look forward to continuing our work with the Southwest Virginia EMS Council, as well as our other community partners, to ensure the health and safety of our citizens. If you have any questions, please contact the Office of the City Manager at (276) Consider Approval of Amended Minutes. City Clerk Nicole Storm reported that an audit of the FY18 meeting minutes had revealed a few minor errors that needed to be corrected through an approval of amended minutes. In addition the errors identified in the packet, a vote needed to be adjusted on the June 12, 2018 minutes and language changed in the June 26, 2018 minutes. Mr. Hartley made a motion to approve the amended minutes as described. Mr. Wingard seconded the motion, which was carried by the following votes: AYES: Hartley, Wingard, Mumpower. ABSTAIN: Osborne. CONSENT AGENDA 10.1 Consider Approval of Minutes. August 14, 2018 August 28, 2018 September 11, Consider supplemental appropriation of $180,441 to the FY19 Budget per the Item Listed Below. Drug Court State Pilot Grant Appropriate grant funds awarded for a Vivitrol Pilot Program in the amount of $50,000. Expenditure Professional Services $4,198 Expenditure Operating Supplies & Materials $45,802 Revenue Vivitrol Pilot Grant $50,000 Judicial Alternative Sentencing Program Appropriate grant funds awarded for a Sustainability Grant in the amount of $60,000. Expenditure Professional Services $18,000 Expenditure Supplies $42,000 Revenue Drug Court Sustainability Grant $60,000

27 September 25, 2018 Fire Department Appropriate OEMS education grant funding in the amount of $2,550. Expenditure Education & Training $2,550 Revenue EMS-Rescue Squad Assistance $2,550 Appropriate Community Grant funds received from Walmart in the amount of $1,500. Expenditure Operating Supplies & Materials $1,500 Revenue Donations & Gifts-Fire Dept $1,500 Animal Control Appropriate a donation in the amount of $50 for the Animal Shelter. Expenditure Operating Supplies & Materials $50 Revenue Donations & Gifts Police Dept $50 Police Department Appropriate final payment from LLL, Inc. regarding the prepaid fee for the Public Safety System Upgrade Service. Expenditure Maint of Machinery & Equip $1,000 Revenue Recovered Costs $1,000 City Sheriff & Jail Appropriate settlement funds received in the amount of $8,257. Expenditure Prof Svcs - Inmate Housing $7,257 Expenditure Operating Supplies & Mat $1,000 Revenue Recovered Costs-Sheriff $8,257 Parks & Recreation Programming Appropriate donations received for flag football. Expenditure Operating Supplies & Mat $450 Revenue Donations $450 Capital Projects Animal Shelter Appropriate Animal Shelter expenditures anticipated to have been finalized and expended in FY18 Expenditure Other Improv & Cons $56,634 Revenue Local Bond Issue (2016) $56, Consideration of Purchase Requisitions. Sheriff s Office; Inmate Housing July 2018 $50, Sheriff s Office; Inmate Medical $15, Information Technology; Kronos- Recurring $23, Information Technology; Kronos- Hardware and Setup $40, Mr. Osborne made a motion to approve the consent agenda. Mr. Hartley seconded the motion, which was carried by the following votes:

28 September 25, 2018 AYES: Hartley, Osborne, Wingard, Mumpower. There being no other business, the meeting was adjourned. ****** ****** **** ** * City Clerk Mayor

29 Meeting Date: October 9, 2018 Department: Finance Staff Contact: Tamrya Spradlin BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item 8.2 AGENDA ITEM WORDING: Consider supplemental appropriation of $3,092 to the FY19 Budget per the Item Listed Below. Fire Department Appropriate additional funding awarded for the Aid to Localities Entitlement Program. Expenditure Fire Programs Fund $2,107 Revenue Fire Program Fund-Aid to Locality $2,107 Appropriate a donation received from We Run Events, LLC. Expenditure Operating Supplies & Materials $750 Revenue Donations & Gifts-Fire Dept. $750 Police Department Appropriate a reimbursement received for towing charges. Expenditure Operating Supplies & Mat $35 Revenue Recovered Costs $35 Parks & Recreation Programming Appropriate donations received for flag football. Expenditure Operating Supplies & Mat $200 Revenue Donations $200 ITEM BACKGROUND: On June 12, 2018, the Bristol Virginia City Council adopted the FY19 Budget. The above item is an additional appropriation to the original budget. PREVIOUS RELEVANT ACTION: June 12, 2018, the adoption of the FY19 Budget STAFF RECOMMENDATIONS: Staff recommends that Council approve the supplemental appropriation as listed. DOCUMENTATION: Included X Not Required MOTION:

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38 Meeting Date: October 9, 2018 Department: Finance Staff Contact: Tamrya Spradlin BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item #8.3 AGENDA ITEM WORDING: Consider budget transfers of $44,248 for specific items listed below: Police Department Appropriate the transfer of budgeted funds for donations received. These funds were received in June 2018 and appropriated to by supplemental appropriation to the FY19 budget. Increase Police Calendars $2,000 Decrease Other Equipment $2,000 Municipal Council Appropriate a reallocation of health insurance budgeted amounts from City Manager and Police Departments to Council based on present actual enrollment. Increase Insurance $42,248 Decrease Insurance $10,000 Decrease Insurance $32,248 ITEM BACKGROUND: On June 12, 2018, the Bristol Virginia City Council adopted the FY19 Budget. The above items are transfers within the General Fund, between departments, that require Council approval. PREVIOUS RELEVANT ACTION: June 12, 2018, the adoption of the FY19 Budget STAFF RECOMMENDATIONS: Staff recommends that Council approve the budget transfers as listed. DOCUMENTATION: Included X Not Required MOTION: Revised 03/10

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43 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item # 8.4 Meeting Date: October 9, 2018 Department: Finance Staff Contact: Tamrya Spradlin AGENDA ITEM WORDING: Consider Purchase Requisitions Total Amount: $23, Police Department; Body-Worn Cameras $23, ITEM BACKGROUND: The items are presented to City Council for payment approval. PREVIOUS RELEVANT ACTION: N/A STAFF RECOMMENDATIONS: Approval. DOCUMENTATION: Included X Not Required MOTION: I move to approve all items on the consent agenda as presented. Revised 03/10

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46 Meeting Date: _10/9/18 Department: City Manager Staff Contact: Randall Eads BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Item #8.5 AGENDA ITEM WORDING: ITEM BACKGROUND: The Code of Virginia, section requires Community Services Boards to submit to the local governments in our service areas for review and approval our performance contract with the Department of Behavioral Health and Developmental Services (DBHDS). B. Any community services board may apply for the assistance provided in this chapter by submitting to the Department its proposed performance contract together with (i) the approval of its board of directors for operating and administrative policy boards or the comments of the local government department's policy-advisory board and (ii) the approval of the contract by formal vote of the governing body of each city or county that established it. The community services board shall make its proposed performance contract available for public review and solicit public comments for a period of 30 days prior to submitting its proposed contract for the approval of its board of directors for operating and administrative policy boards or the comments of the local government department's policy-advisory board. To avoid disruptions in service continuity and allow sufficient time to complete public review and comment about the contract and negotiation and approval of the contract, the Department may provide semi-monthly payments of state-controlled funds to the community services board. If the governing body of each city or county does not approve the proposed performance contract by September 30 of each year, the performance contract shall be deemed approved or renewed. PREVIOUS RELEVANT ACTION: STAFF RECOMMENDATIONS: Revised 03/10

47 DOCUMENTATION: Included Not Required MOTION: Revised 03/10

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