564 APRIL 23, 2013 THE REGULAR MEETING OF THE BRISTOL VIRGINIA CITY COUNCIL WAS HELD ON APRIL 23, 2013 AT 7:00 P.M. IN COUNCIL CHAMBERS WITH MAYOR JIM STEELE PRESIDING. COUNCIL MEMBERS PRESENT WERE VICE MAYOR GUY ODUM, DON ASHLEY, CATHERINE BRILLHART AND EDWARD HARLOW. CITY MANAGER, DEWEY P. CASHWELL, JR. AND CITY ATTORNEY PETE CURCIO WERE ALSO PRESENT. Invocation was given by Council Member Brillhart followed by the Pledge of Allegiance to the flag. 1. Matters to be Presented by Members of the Public There were no matters to be presented by members of the public. 2. Mayor s Minute and Council Comments Mayor Steele commented on the litter clean up event that took place in the City. City Manager, Dewey P. Cashwell, Jr., announced that the guest speaker for the Mayor s Award Ceremony would be Mr. Travis Taylor. 2013. Council Member Brillhart announced that the Border Bash events begin May 3, City Manager, Dewey P. Cashwell, Jr., stated that the City functions through teamwork and that every team member is critical. He advised that the City had experienced an absence from the team that has now been filled with the new City Engineer. Assistant City Manager, Tabitha Crowder, introduced Mr. Wallace McCulloch as the new City Engineer. 3. Consider Street Closure Request for First Baptist Church Creative Learning Center and The Carnival on May 9, 2013 with a Rain Date of May 13, 2013 Mayor Steele entertained a motion for the street closure request for First Baptist Church Creative Learning Center and The Carnival on May 9, 2013 with a rain date of May 13, 2013. Council Member Harlow made the motion to approve the street closure request for First Baptist Church Creative Learning Center and The Carnival on May 9, 2013 with a rain date of May 13, 2013. Motion was seconded by Council Member Brillhart and carried by the following votes: 4. Consider Approval of the Minutes: Called Meeting - April 9, 2013 Regular Meeting - April 9, 2013 Mayor Steele entertained a motion for the approval of the Called Meeting Minutes from April 9, 2013. Council Member Brillhart made the motion to approve the Called Meeting Minutes from April 9, 2013. Motion was seconded by Vice Mayor Odum and carried by the following votes: Mayor Steele entertained a motion for the approval of the Regular Meeting Minutes from April 9, 2013. Council Member Ashley made the motion to approve the Regular Meeting Minutes from April 9, 2013. Motion was seconded by Vice Mayor Odum and carried by the following votes:
APRIL 23, 2013 565 5. Resolution to Recognize Carl B. Jessee for the Donation of the Totem Pole Located at Sugar Hollow Park City Attorney, Pete Curcio, read the following Resolution: RESOLUTION TO RECOGNIZE CARL B. JESSEE WHEREAS, Carl B. Jessee has been widely recognized as an accomplished and expressive artist who captures the beauty and brightness of nature in simple, natural settings; WHEREAS, he created a beautiful, hand carved and painted totem pole towering thirty feet tall; WHEREAS, that totem pole depicts animals and flowers from the Southwest Virginia region, including an eagle, fox, squirrel, raccoon and beaver, and Commonwealth of Virginia State bird and flower, the cardinal and dogwood; WHEREAS, Carl B. Jessee invested over 500 hours in the creation of the totem pole and, upon its completion, unselfishly donated it to the City of Bristol, Virginia; WHEREAS, this original totem pole was installed at the playground of Sugar Hollow Park, where it will be seen and enjoyed by Bristolians for many generations to come; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BRISTOL, VIRGINIA: That the City acknowledges this gift, applauds the spirit in which it was given, and recognizes Carl B. Jessee for being an engaged member of the community who has freely shared his time and talents with residents of Bristol, and the region. Mayor Steele entertained a motion to approve a Resolution to recognize Mr. Carl B. Jessee for the donation of the totem pole located at Sugar Hollow Park. Council Member Harlow made the motion to approve a Resolution to recognize Mr. Carl B. Jessee for the donation of the totem pole located at Sugar Hollow Park. Motion was seconded by Council Member Brillhart and carried by the following votes: City Council Members presented Mr. Jessee with a plaque. 6. Public Hearing to Consider the Transfer of Real Property Located at 623 Mary Street to the Bristol Redevelopment and Housing Authority as Part of the Blighted Property Donation Program Assistant City Manager, Andrew Trivette, explained that some time ago, City Council approved a policy that would allow the City to accept, through donation, properties that were considered to be distressed or in a blighted condition and owing back taxes to the City. He explained that the process of donation was to satisfy the outstanding debt, which included liens. He continued by stating that the policy allowed his office to negotiate a settlement on the past-due taxes and lien amounts; and then the property is donated to the City. Once the property has been donated the City has the option of tearing down or rehabbing the property. An announcement is then made to the various housing agencies throughout the community that the property is available for their purpose. The agencies then submit proposals for the property. Following a review of the proposals the City decides the ultimate disposition of the property. Mr. Trivette explained that the property located at 623 Mary Street is the first property that has come full cycle in the process. He requested that, based upon staff recommendation, City Council award the property to the Bristol Virginia Redevelopment and Housing Authority. He advised that Mr. Baldwin, Executive Director of the Bristol Virginia Redevelopment and Housing Authority was present to answer questions.
566 APRIL 23, 2013 Mayor Steele declared the public hearing open for discussion. Mr. David Baldwin, Executive Director, Bristol Virginia Redevelopment and Housing, addressed City Council thanking them for creating this program for the blighted property donation. He advised that there has been a lot of property sitting in the City for a number of years that has become distressing to our neighborhoods. He stated that the Housing Authority is pleased to be considered for the first property that has gone through the program. He further advised that this property is located directly adjacent to one of their public housing sites. He continued by stating that in 2008 the Housing Authority adopted a master plan for the redevelopment of all of its public housing developments. He advised that this property would be added to the inventory of the Rice Terrace development and would be added to the footprint for the redevelopment of that property. He further advised that until the redevelopment occurs the property would be maintained as green space in the neighborhood. Mr. Baldwin mentioned that one of their long-term strategic objectives at the Housing Authority was to facilitate the revitalization of the neighborhoods in the City of Bristol. He advised that they were working on a special project in one of the distressed neighborhoods and would be making a public announcement within two (2) to three (3) weeks. City. Mayor Steele thanked Mr. Baldwin and his staff for their help in cleaning up the Council Member Harlow inquired about the lot asking if it was large enough to accommodate another project. Mr. Baldwin advised that, with the requirements for setback, it would be difficult to build a house that would be desirable and fit well in the neighborhood. He advised that at this point the best use would be to open up the area a bit and have some green space in the neighborhood. Mayor Steele declared the public hearing closed. 7. Ordinance 1 st Reading 1) Consider First Reading of an Ordinance Authorizing the Conveyance of Real Property Located at 623 Mary Street to the Bristol Redevelopment and Housing Authority as Part of the Blighted Property Donation Program Mayor Steele entertained a motion for the first reading of an Ordinance authorizing the conveyance of real property located at 623 Mary Street to the Bristol Redevelopment and Housing Authority as part of the Blighted Property Donation Program. Council Member Harlow made the motion for the first reading of an Ordinance authorizing the conveyance of real property located at 623 Mary Street to the Bristol Redevelopment and Housing Authority as part of the Blighted Property Donation Program. Motion was seconded by Vice Mayor Odum and carried by the following votes: City Attorney, Pete Curcio, read the following Ordinance: ORDINANCE TO AUTHORIZE THE CONVEYANCE OF 623 W. MARY STREET BRISTOL, VIRGINIA TO THE BRISTOL REDEVELOMENT AND HOUSING AUTHORITY WHEREAS, the City acquired a certain tract or parcel of land situated in the City of Bristol, Virginia, identified as 623 W. Mary Street and more particularly described as follows:
APRIL 23, 2013 567 BEING a portion of the lot on which Nelson Sawyers and family formerly resided (recorded in the Circuit Court Clerk s office for Washington County, Virginia in Deed Book 31, page 31), cut off by beginning at the eastern corner of said lot and running west with Mary Street forty feet, and running back between parallel lines one hundred and sixty-eight feet, and being the same property conveyed to the City of Bristol Virginia by Gift Deed from George F. Helms, IV and wife, Kristie S. Helms dated December 12, 2011, which deed is of record in the office of the Clerk of the Circuit Court for the City of Bristol Virginia in Deed Book 566 at page 641. WHEREAS, said lot is a lot not needed by the City for any public purpose and it is in the best interest of the City to transfer the same to Bristol Redevelopment and Housing Authority, and WHEREAS, as a result, the City has determined that the public interest will be served by authorizing the Mayor to transfer said property to Bristol Redevelopment and Housing Authority for future use and does further direct the Mayor and the City Attorney to take all further actions necessary to carry out the stated purpose of this ordinance, and WHEREAS, said transfer requires advertising same in the newspaper for two successive weeks and further requires that a Public Hearing be held prior to transfer and WHEREAS, having advertised the same once a week for two successive weeks and posted at the front door of the Courthouse for two successive weeks at the same time, and WHEREAS, a Public Hearing was held on April 23, 2013, NOW THEREFORE, BE IT ORDAINED by the City Council for the City of Bristol, Virginia that the Mayor is hereby authorized to transfer the subject property to the Bristol Redevelopment and Housing Authority in accordance with this ordinance. First Reading: April 23, 2013 Second Reading: Adopted: 8. Approval of 2013 2014 CDBG Proposed Action Plan Assistant City Manager, Andrew Trivette, explained that the funding for CDBG was announced during the last meeting and that the allocation to the City totaled two hundred sixty-two thousand, eight hundred seventy-eight dollars ($262,878). He continued by stating that the funds represent a four percent (4%) increase over the current years allocation. He explained that the process for the action plan included the formation of the Mayor s subcommittee to review staff recommendations for the allocation followed by the final allocation plan being presented to City Council for approval. Mr. Trivette requested that City Council approve the final allocation plan as presented. Mayor Steele entertained a motion to approve the proposed 2013-2014 CDBG Action Plan. Council Member Harlow made the motion to approve the proposed 2013-2014 CDBG Action Plan as presented. Motion was seconded by Vice Mayor Odum and carried by the following votes: The following Action Plan was approved:
568 APRIL 23, 2013 2013-2014 CDBG Funding Cycle Public Service Funding Bristol Public Library for the Adult Learning Lab - $26,500; Crossroads Medical Mission, Inc. for the CMM Healthcare for LMI Bristol, VA residents - $2,275; People Inc. for the King s Mt. Supportive Housing Operating Expense - $2,600; Children s Advocacy Center for the Forensic Interviewing For Child Victims of Abuse - $4,250; Family Promise of Bristol Interfaith Hospitality Network for Interfaith Hospitality Network - $2,750; People Inc. for Court Appointed Special Advocate (CASA) - $1,000; and 2013-2014 CDBG Funding Cycle Community Projects Funding Believe in Bristol for the Main Street Bristol Operating Expenses - $18,750; Bristol Virginia for Demolition - $78,178; Bristol Virginia for the Virginia Hills Subdivision Improvement - $74,000; and Bristol Virginia Program Administration - $52,575 9. Resolution Authorizing Execution of an Agreement Regarding Cell Tower Assistant City Manager, Andrew Trivette advised that City staff is requesting that City Council approve a Resolution authorizing the execution of an agreement regarding the cell tower relocation. Mr. Trivette pointed out that the Industrial Development Authority is a party to this agreement. Following a brief discussion Mayor Steele entertained a motion for the reading of a Resolution authorizing the execution of an agreement regarding the cell tower. Council Member Brillhart made the motion for the reading of a Resolution authorizing the execution of an agreement regarding the cell tower. Motion was seconded by Vice Mayor Odum and carried by the following votes: City Attorney, Pete Curcio, read the following Resolution: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING CELL TOWER WHEREAS, the City of Bristol Virginia (hereinafter the City ) acquired certain property situate at 2397 Lee Highway (Tax Map # 225-A-9, 12-14, 15; 225-1-7,8,9,10) in the City of Bristol, Virginia, by Deed dated September 11, 2012 from Luther Stinett, Trustee of the Isaac Logan Crabtree Trust created by Isaac Logan Crabtree dated August 31, 1999, of record in the office of the Clerk of the Circuit Court for the City of Bristol, Virginia in Deed Book 574 at page 570; and WHEREAS, located thereon is a cell tower which the City has declared should be moved in order to develop the aforementioned property for a commercial development commonly referred to as The Falls; and WHEREAS, the City acquired other property on Wallace Pike and Kerin Drive (Tax Map # 224-1-6, 8 and 9; 224-1-2B; 224-A-10,18; 224-A-20,224-1-2C; 224-1-2A- 9A: 224-1-2D-7 and 184-1-62,63) in the City of Bristol, Virginia by Deed dated August 30, 2012 from Preston Ridge, LLC and of record in the office of the Clerk of the Circuit Court for the City of Bristol, Virginia in Deed Book 574 at page 276; and WHEREAS, the City has determined that a small portion of said property is well suited for the relocation of the cell tower from its present location on the Crabtree property; and WHEREAS, the City together with the Industrial Development Authority for the City of Bristol Virginia has negotiated with Crown Castle South, LLC, a Delaware
APRIL 23, 2013 569 Limited Liability Company, the owner of the current cell tower located on City property, for the relocation of the cell tower from its present location to the Wallace Pike and Kerin Drive property. A copy of said Agreement is attached hereto as Exhibit A; and WHEREAS, the City agrees to be bound by the terms of the Agreement regarding the cell tower conditioned upon its execution by the Industrial Development Authority and Crown Castle South, LLC. NOW THEREFORE, BE IT RESOLVED by the City Council for the City of Bristol, Virginia as follows: 1. The City Manager for the City of Bristol Virginia is hereby authorized to execute the Agreement Regarding Cell Tower (Exhibit A attached hereto or in a substantially similar form) and further requests that the Industrial Development Authority for the City of Bristol also execute said Agreement. 2. The City Manager is further authorized to execute any other contracts or similar documents as referenced in the Agreement Regarding Cell Tower which are necessary to carry into effect the stated purposes of said Agreement. Mayor Steele entertained a motion for the adoption of a Resolution authorizing the execution of an agreement regarding the cell tower. Council Member Brillhart made the motion to adopt a Resolution authorizing the execution of an agreement regarding the cell tower. Motion was seconded by Council Member Harlow and carried by the following votes: 10. Ordinance 1 st Reading 1) First reading and adoption of an Ordinance to convey property near Wallace Pike and Kerin Drive for the relocation of a cell tower City Attorney, Pete Curcio, explained that this item is basically the same as the previous item, but because it involves the transfer of land the requirements were different than for contracts. He advised that the Resolution that was previously approved was for the contract with Crown Castle. He continued by stating that part of that contract calls for the conveyance of the pad, where the cell tower will be located, to Crown Castle. He explained that the Ordinance is to authorize the transfer of the pad to the IDA. The IDA would transfer the pad to Crown Castle. Mayor Steele entertained a motion for the first reading of an Ordinance to convey property near Wallace Pike and Kerin Drive for the relocation of a cell tower. Council Member Harlow made the motion for the first reading of an Ordinance to convey property near Wallace Pike and Kerin Drive for the relocation of a cell tower. Motion was seconded by Vice Mayor Odum and carried by the following votes: City Attorney, Pete Curcio, read the following Ordinance: ORDINANCE TO CONVEY PROPERTY NEAR WALLACE PIKE AND KERIN DRIVE FOR THE RELOCATION OF A CELL TOWER
570 APRIL 23, 2013 WHEREAS, the City of Bristol Virginia (hereinafter the City ) acquired certain property situate at 2397 Lee Highway (Tax Map # 225-A-9, 12-14, 15; 225-1-7,8,9,10) in the City of Bristol, Virginia, by Deed dated September 11, 2012 from Luther Stinett, Trustee of the Isaac Logan Crabtree Trust created by Isaac Logan Crabtree dated August 31, 1999, of record in the office of the Clerk of the Circuit Court for the City of Bristol, Virginia in Deed Book 574 at page 570; and WHEREAS, located thereon is a cell tower which the City has declared should be moved in order to develop the aforementioned property for a commercial development commonly referred to as The Falls; and WHEREAS, the City acquired other property on Wallace Pike and Kerin Drive (Tax Map # 224-1-6, 8 and 9; 224-1-2B; 224-A-10,18; 224-A-20,224-1-2C; 224-1-2A- 9A: 224-1-2D-7 and 184-1-62,63) in the City of Bristol, Virginia by Deed dated August 30, 2012 from Preston Ridge, LLC and of record in the office of the Clerk of the Circuit Court for the City of Bristol, Virginia in Deed Book 574 at page 276; and WHEREAS, the City has determined that a small portion of said property is well suited for the relocation of the cell tower from its present location on the Crabtree property; and WHEREAS, the City has already conducted two public hearings, one for the bond financing for the relocation of the cell tower and the second for the rezoning of the subject property whereon the new cell tower will be located; and WHEREAS, pursuant to 14.01 of the Charter of the City of Bristol Virginia, the City expressly waives advertisement of the conveyance and further waives other transfer requirements since the conveyance of property is to facilitate the use of the Crabtree property for economic development; and WHEREAS, the City of Bristol Virginia, the Industrial Development Authority of the City of Bristol Virginia, and Crown Castle South, LLC, a Delaware Limited Liability Company, will enter into an Agreement Regarding Cell Tower setting forth the rights and obligations of each party therein. NOW THEREFORE, BE IT ORDAINED by the City Council for the City of Bristol Virginia as follows: 1. The City shall convey by Special Warranty to the Industrial Development Authority for the purposes stated herein and in the Agreement Regarding Cell Tower, that certain property on a plat by Richard L. Bailey, CLS and more particularly described as Lot 2A as shown on a PLAT OF RESURVEY OF LOT 2 OF PRESTON RIDGE SUBDIVISION AT EXIT 5 STANDING IN THE NAME OF THE CITY OF BRISTOL AS PER INSTRUMENT NO. 120001558 SHOWING THE LOCATION OF LOT 2A, CONTAINING 1.717 ACRES, of record in the office of the Clerk of the Circuit Court for the City of Bristol, Virginia in Plat Book 4, page 500, a copy of which is attached hereto as Exhibit A. 2. The City shall further convey to the Industrial Development Authority rights of ingress and egress from Wallace Pike Road to the New Cell Tower Property, as more particularly shown on the aforementioned Plat, together with all other easements and licenses necessary to carry into effect the covenants contained in the Agreement Regarding Cell Tower. 3. City Council respectfully requests the Industrial Development Authority to convey its interest in said property, together with all access and construction easements and licenses referenced hereinabove and in the Agreement Regarding Cell Tower to Crown Castle South, LLC. 4. The public good requiring it, time being of the essence for the relocation of the cell tower so that site preparation may begin on The Falls project, an emergency is
APRIL 23, 2013 571 declared and this Ordinance shall take effect immediately upon first reading and adoption. First Reading: April 23, 2013 Adopted: April 23, 2013 Mayor Steele entertained a motion for the adoption of an Ordinance to convey property near Wallace Pike and Kerin Drive for the relocation of a cell tower. Vice Mayor Odum made the motion to adopt an Ordinance to convey property near Wallace Pike and Kerin Drive for the relocation of a cell tower. Motion was seconded by Council Member Ashley and carried by the following votes: 11. Consider Accepting $10,812 from the Sale of Two Vehicles and Re-appropriate the Funds to the Following Accounts to Purchase a Vehicle Revenue 3004-20000-0006 Expense 4004-12010-8105 City Clerk, Steve Allen, advised that this is a request from Assistant City Manager, Tabitha Crowder, for the purpose of accepting funds from the sale of two (2) surplus vehicles and re-appropriating the funds to purchase a truck to be used at the landfill. Mayor Steele entertained a motion to accept ten thousand, eight hundred twelve dollars ($10,812) from the sale of two (2) vehicles and re-appropriating the funds as requested. Vice Mayor Odum made the motion to accept ten thousand, eight hundred twelve dollars ($10,812) from the sale of two (2) vehicles and re-appropriating the funds as requested. Motion was seconded by Council Member Harlow and carried by the following votes: 12. Resolution for Location and Design Public Hearing Approval for Lee Highway Widening Assistant City Manager, Tabitha Crowder, explained that on January 31, 2013 a location and design public hearing for the Lee Highway project at Exit 5 was held. She advised that the next step in the process is for City Council to approve the major design features and location of the project for VDOT so that the City could move forward with the right-of-way acquisitions. She further advised that since the public hearing was held, the only change that had been made to the plan was the deletion of the connection of Blevins Boulevard and Wallace Pike. She requested that City Council approve the features and give the City Manager the authority to execute the right-of-way agreements. Council Member Ashley advised that one of the items that were brought out in the meeting was the traffic light location at Blevins Boulevard. Mayor Steele entertained a motion for the reading of a Resolution for Location and Design Public Hearing Approval for Lee Highway Widening. Council Member Ashley made the motion for the reading of a Resolution for Location and Design Public Hearing Approval for Lee Highway Widening. Motion was seconded by Council Member Harlow and carried by the following votes: City Attorney, Pete Curcio, read the following Resolution: RESOLUTION FOR LOCATION AND DESIGN PUBLIC HEARING APPROVAL FOR LEE HIGHWAY WIDENING
572 APRIL 23, 2013 WHEREAS, a Location and Design Public Hearing was conducted on January 31, 2013, in the City of Bristol by representatives of the City of Bristol Department of Public Works after due and proper notice for the purpose of considering the proposed location and design of Widening of Lee Highway Project (UPC 103394) in the City of Bristol, at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with state and federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the City of Bristol and the Virginia Department of Transportation, were present and participated in said hearing; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council considered all such matters; NOW THEREFORE BE IT RESOLVED that the Council of the City of Bristol hereby approves the location and major design features of the proposed project for Lee Highway as presented at the Public Hearing. The extension of Blevins Boulevard to Wallace Pike has been deleted from the project; and BE IT FURTHER RESOLVED, that the City of Bristol will acquire all rights of way necessary for this project and certify same to the Department at the appropriate time; and BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute, on behalf of the City of Bristol, all necessary right of way agreements as well as railroad and utility agreements required in conjunction with acquiring such rights of way. Council Member Harlow inquired about this phase of the project not including the exit, asking if it would be included in a different project. Ms. Crowder advised that the area at Exit 5 would be included in the next phase and another public hearing would be held for that piece of the project. Mayor Steele entertained a motion for the adoption of a Resolution for Location and Design Public Hearing Approval for Lee Highway Widening. Council Member Brillhart made the motion to adopt a Resolution for Location and Design Public Hearing Approval for Lee Highway Widening. Motion was seconded by Vice Mayor Odum and carried by the following votes: 13. Resolution for Surety to the Virginia Department of Transportation for Construction Work at Exit 5 Assistant City Manager, Tabitha Crowder, explained that as the construction begins at The Falls development, the contractor would be required to do some work along interstate I-81. The work would consist of placing barriers and traffic control on I-81 particularly during the blasting operations. She advised that as part of that process the City is required to complete a land use application permit with the Virginia Department of Transportation which requires the City to provide a Surety Resolution. Mayor Steele entertained a motion for the reading of a Resolution for Surety to the Virginia Department of Transportation for Construction Work at Exit 5.
APRIL 23, 2013 573 Council Member Harlow made the motion for the reading of a Resolution for Surety to the Virginia Department of Transportation for Construction Work at Exit 5. Motion was seconded by Council Member Ashley and carried by the following votes: City Attorney, Pete Curcio, read the following Resolution: RESOLUTION FOR SURETY TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, it becomes necessary from time to time for the City of Bristol to obtain land use permits from the Virginia Department of Transportation to install, construct, maintain and operate certain public works and public utilities projects along, across, over, and upon, highway systems of the Commonwealth of Virginia; and, WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of granting to the City of Bristol by the Virginia Department of Transportation of said permits for the work aforesaid; NOW THEREFORE BE IT RESOLVED that the Council of the City of Bristol hereby in accordance with the provisions of Section 24VAC30-151-720 of the Land Use Permit Regulations of the Virginia Department of Transportation, the City of Bristol does hereby grant assurances to the Virginia Department of Transportation (VDOT) that it shall in all respects comply with all of the conditions of the permit or permits that have been, or will be, granted to the City of Bristol and that said jurisdiction does hereby certify that it will carry liability insurance for personal injury and property damage that may arise from the work performed under permit and/or from the operation of the permitted activity as follows: up to one-million dollars ($1,000,000) each occurrence to protect the Commonwealth Transportation Board members and the Virginia Department of Transportation s agents or employees; seventy-five thousand dollars ($75,000) each occurrence to protect the Commonwealth Transportation Board, the Virginia Department of transportation or the Commonwealth of Virginia in the event of suit. BE IT FURTHER RESOLVED, that the City Manager, or his designee, be, and hereby is authorized to execute on behalf of the City of Bristol all land use permits and related documents of the Virginia Department of Transportation. BE IT FURTHER RESOLVED, that this resolution shall be a continuing resolution and shall not be revoked unless and until sixty (60) days written notice of any proposed revocation be submitted to the Virginia Department of Transportation. BE IT FURTHER RESOLVED, that the City of Bristol shall, if requested by the Virginia Department of Transportation, provide a letter that commits to using the surety provided by its contractor or to have the contractor execute a dual obligation rider that adds the Virginia Department of Transportation as an additional obligee to the surety bond provided to the locality, with either of these options guaranteeing the work performed within state maintained right-of-way under the terms of the land use permit for that purpose. BE IT STILL FURTHER RESOLVED, that the City Manager, or his designee, hereby is authorized and directed to procure insurance required as previously detailed. Mayor Steele entertained a motion to adopt a Resolution for Surety to the Virginia Department of Transportation for Construction Work at Exit 5. Council Member Brillhart made the motion to adopt a Resolution for Surety to the Virginia Department of Transportation for Construction Work at Exit 5. Motion was seconded by Vice Mayor Odum and carried by the following votes:
574 APRIL 23, 2013 14. Adjournment There being no further business, the meeting was adjourned. ******** ****** **** ** * City Clerk Mayor