OCTOBER 13, 2015 521 THE REGULAR MEETING OF THE BRISTOL, VIRGINIA, CITY COUNCIL WAS HELD ON OCTOBER 13, 2015, AT 6:00 P.M. IN THE BRISTOL VIRGINIA SCHOOL BOARD OFFICE, 220 LEE STREET, BRISTOL, VIRGINIA, WITH MAYOR ARCHIE HUBBARD, III PRESIDING. COUNCIL MEMBERS PRESENT WERE VICE MAYOR WILLIAM HARTLEY, CATHERINE BRILLHART, GUY ODUM, AND JIM STEELE. CITY MANAGER, TABITHA CROWDER, AND CITY ATTORNEY, PETE CURCIO WERE ALSO PRESENT. MEMBERS OF THE BIRSTOL, VIRGINIA PLANNING COMMISSION WERE ALSO PRESENT. Mayor Hubbard called for a moment of silence followed by the Pledge of Allegiance to the flag. A. Matters to be Presented by Members of the Public Non-Agenda Items Nancy Marney voiced her concerns about the number of special exception requests that were being presented for approval. She commented on Council Members using their cell phones during the meetings. Mayor Hubbard advised that when property was being considered for special exception zoning, adjoining neighbors were notified. B. Mayor s Minute and Council Comments Vice Mayor Hartley announced that Council Member Odum was appointed to the Virginia Municipal League (VML) Executive Committee. Council Member Odum spoke about being appointed to the VML Executive Committee and gave a summary of the issues that the VML Legislative Committee was working on. He stated that two (2) top priorities of the VML were education and 599 Funds. 1. Joint Public Hearing Regarding Special Exception Application #02-2015 from Lutheran Family Services of VA to Allow Establishment of a Private School at 1225 Janie Hammit Drive Which is Zoned R-2 (Single and Two Family Residential). Chairman Odum, of the Planning Commission, declared the Joint Public Hearing open for discussion. Ms. Sally Morgan gave a brief summary of the background information for the special exception. She advised that the Lutheran Family Services had requested that a special exception be approved for the property located at 1225 Janie Hammit Drive. She explained that the building would consist of three (3) classrooms to accommodate grade groupings of K-3, 4-5, and 6-8. She advised that staff recommended approving the special exception with three (3) conditions which were as follows: 1) Prior to the issuance of certificate of occupancy, the applicant shall submit a satisfactory architectural report to the City Building Official. 2) The proposed facility shall meet all current building code standards as well as parking requirements in City Code Section 50-582. A site plan shall be provided that shows parking spaces and provides for a fire lane. 3) Any new building construction that expands the size of the structure or expansion of the parking lot shall require a Site Plan be submitted to the City Engineer. Lutheran Family Services CEO, Ms. Julie Swanson, gave a brief history of the nonprofit organization. She pointed out that Lutheran Family Services operated the Minnick School in Wytheville, Virginia and that the Washington County School District transported five (5) kids to the school in Wytheville. She added that Lutheran Family Services was actively working on a plan to get a school underway in the community. The following individuals spoke on behalf of the Lutheran Family Services of VA Special Exception request: Mr. John Kieffer, Ms. Terri Webber, Ms. Lisa McCoy, Ms. Patty Bowers, Ms. Connie Phillips, and Mr. Andre` Richmond. Ms. Nancy Marney spoke in opposition of the Special Exception. Planning Commission Member Pollard explained that the Special Exception was needed, in this case, because the school would be a private organization. Chairman Odum entertained a motion to forward the special exception to City Council for consideration.
522 OCTOBER 13, 2015 Planning Commission Member H. Williams made the motion to forward the special exception to the City Council for consideration. Motion was seconded by Planning Commission Member Pollard and carried by the following votes: AYES: Grogan, Pollard, C. Williams, H. Williams, and Odum Chairman Odum declared the Planning Commission public hearing closed. Vice Mayor Hartley asked how many students from the Bristol Virginia Public School system were currently being transported to the school in Wytheville. He questioned the transporting of children by car. Ms. Patty Bowers, Bristol Virginia School representative, advised that there were no Bristol Virginia Public School students currently attending the school in Wytheville. Council Member Steele asked if Lutheran Family Services operated other schools in Southwest Virginia. Ms. Swanson stated that Lutheran Family Services had schools in Wytheville, Wise, Harrisonburg, and Roanoke. Council Member Brillhart made the statement that school busses were not able to pull into the driveway as it was and asked if there were plans to widen the driveway to accommodate school busses. Ms. Swanson stated that the architect s plans would be revised to widen the driveway for school busses and to accommodate employee parking. Council Member Steele expressed concern that traveling to the property from the tunnel on Columbia Avenue was dangerous and suggested that the entrance and the student drop-off area be moved to South Street. A discussion ensued regarding the access points to the property and the safety of students exiting a school bus. Ms. Patty Bowers advised that most of the students would arrive at the school in small busses, vans, or small vehicles. She explained that the school s maintenance and transportation supervisor, Mr. Buckles, had addressed the issue and had stated that this was a minor issue that could be resolved by working with the architect. 2. Consider a Resolution Regarding Special Exception Application #02-2015 from Lutheran Family Services of VA to Allow Establishment of a Private School at 1225 Janie Hammit Drive Which is Zoned R-2 (Single and Two Family Residential). Mayor Hubbard read the following Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISTOL, VIRGINIA GRANTING A SPECIAL EXCEPTION (SE #02-2015) TO 1225 JANIE HAMMIT DRIVE IN BRISTOL, VIRGNIA TO ALLOW THE LOCATION OF A PRIVATE SCHOOL IN THE R-2 ZONING DISTRICT (SINGLE AND TWO FAMILY RESIDENTIAL) SECTION 1. The City Council finds that: WHEREAS, the Planning Department received an application for a special exception from Lutheran Family Services for approval of a private school at 1225 Janie Hammit Drive (Tax Map # 18-1-71); and WHEREAS, the applicant submitted the required application to the Director of Community Development in accordance with City Code; and WHEREAS, the Planning Commission of Bristol, Virginia recommended forwarding special exception #02-2015 for a joint public hearing with City Council; and WHEREAS, the joint public hearing has been properly advertised and held in accordance with Virginia Code 15.2-2204, as amended; and WHEREAS, property owners adjoining 1225 Janie Hammit Drive, Bristol, VA have been properly notified pursuant to Virginia Code 15.2-2204, as amended; and WHEREAS, the City Council of Bristol, Virginia reserves unto itself the right to grant special exception permits; and WHEREAS, the City Council considered the circumstances of Bristol, Virginia City Code 50-39(g) prior to approval of the special exception request.
OCTOBER 13, 2015 523 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF BRISTOL, VIRGINIA: SECTION 2. Special Exception #02-2015 is hereby granted with the following conditions: 1. Prior to the issuance of certificate of occupancy, the applicant shall submit a satisfactory architectural report to the city Building Official. 2. The proposed facility shall meet all current building code standards as well as parking requirements in City Code Section 50-582. A site plan shall be provided that shows parking spaces and provides for a fire lane. 3. Any new building construction that expands the size of the structure or expansion of the parking lot shall require a Site Plan be submitted to the City Engineer. Mayor Hubbard entertained a motion to adopt a Resolution regarding Special Exception Application #02-2015 from Lutheran Family Services of VA to allow establishment of a private school at 1225 Janie Hammit Drive which is zoned R-2 (Single and Two Family Residential). Council Member Steele made the motion to adopt a Resolution regarding Special Exception Application #02-2015 from Lutheran Family Services of VA to allow establishment of a private school at 1225 Janie Hammit Drive which is zoned R-2 (Single and Two Family Residential). Motion was seconded by Council Member Brillhart and carried by the following votes: 3. Ordinance 2 nd Reading 1) Consider Second Reading and Adoption of an Ordinance to Adopt the Tourism Development Plan Developed in Conjunction with the Commonwealth of Virginia s Tourism Development Financing Program, to Endorse a Proposed Tourism Project, and to Authorize Other Actions Consistent with State Tourism Gap Financing Assistant City Manager, Mr. Andrew Trivette, explained the nature of Gap Financing and pointed out that the Sessions Hotel had utilized the Tourism Gap Financing Program. Mr. Trivette advised that the Ordinance itself had not changed since the first reading; however, the performance agreement would be revised and presented at a later date for City Council approval. Mayor Hubbard entertained a motion for the second reading of an Ordinance to adopt the Tourism Development Plan developed in conjunction with the Commonwealth of Virginia s Tourism Development Financing Program, to endorse a proposed tourism project, and to authorize other actions consistent with State Tourism Gap Financing by caption only. Council Member Odum made the motion for the Second Reading of an Ordinance to adopt the Tourism Development Plan developed in conjunction with the Commonwealth of Virginia s Tourism Development Financing Program, to endorse a proposed tourism project, and to authorize other actions consistent with State Tourism Gap Financing by caption only. Motion was seconded by Vice Mayor Hartley and carried by the following votes: City Attorney, Pete Curcio, read the following Ordinance by caption only: AN ORDINANCE TO ADOPT THE TOURISM DEVELOPMENT PLAN DEVELOPED IN CONJUNCTION WITH THE COMMONWEALTH OF VIRGINIA S TOURISM DEVELOPMENT FINANCING PROGRAM, TO ENDORSE A PROPOSED TOURISM PROJECT, AND TO AUTHORIZE OTHER ACTIONS CONSISTENT WITH STATE TOURISM GAP FINANCING SECTION 1. The City Council finds that: WHEREAS, The Code of the Commonwealth of Virginia provides 58.1-3851 authorizes localities to establish one or more tourism zones; and
524 OCTOBER 13, 2015 WHEREAS, by Ordinance Number 10.06, the City Council adopted the Bristol, Virginia Tourism Zone Overlay on November 26, 2013; and WHEREAS, the City has received a request from Creative Boutique Hotels, LLC (DEVELOPER) requesting the use of the Tourism Development Financing Program for the Sessions Hotel Complex to be located on the corner of Commonwealth Avenue and State Street (development area shown in Exhibit A ); and WHEREAS, the Sessions Hotel Complex is located within the Bristol, Virginia Tourism Zone Overlay; and WHEREAS, the City has reviewed the request to find it consistent with statutory requirements and in the best interest of the project as well as the City; and WHEREAS, the City has collaborated with the Convention and Visitors Bureau and the Virginia Tourism Commission to draft the Sessions Development Plan as required by 58.1-3851.1 of the Code of Virginia, 1950, as amended, a copy of which is attached hereto as Exhibit B ; and WHEREAS, to meet the requirements 58.1-3851.1 of the Code of Virginia, 1950, as amended, the City Council, The Industrial Development Authority, the Developer, and the Commonwealth will be required to execute a performance agreement. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF BRISTOL, VIRGINIA: SECTION 2. That the Council hereby endorses the Sessions Project as a project for the purposes of 58.1-3851.1 of the Code of Virginia, 1950, as amended, and accordingly, the Council finds that the Sessions Project fills a void identified in the City's tourism strategy and described more particularly in the Sessions Tourism Development Plan. SECTION 3. That the City Council formal adopts the Sessions Project Tourism Development Plan, attached herewith as Exhibit B. SECTION 4. That subject to the approval and certification of the State Comptroller of the Commonwealth of Virginia, and conditioned upon the execution of a performance agreement between the Developer, the City, the Industrial Development Authority, and the Commonwealth, the Council hereby designates to the Sessions Project and directs, subject to appropriation of such funds to the Industrial Development Authority, that an amount equal to the revenues generated by one percent (1%) of local sales and use tax generated by transactions taking place on the premises of the Sessions Project, as previously committed by the City Council and Industrial Development Authority in a separate performance agreement attached hereto as Exhibit C, be applied to the payment of principal and interest on the qualified gap financing for the project for the purposes set forth in 58.1-3851.1 of the Code of Virginia, 1950, as amended. SECTION 5. Upon collection of a quarterly remittance of revenues by the Commonwealth and of the access fee, as that term is defined by 58.1-3851.1 of the Code of Virginia, 1950, as amended, by the Developer, the City will remit such amounts to the Industrial Development Authority as required by 58.1-3851.1 of the Code of Virginia, 1950, as amended and as outlined in Exhibit C. SECTION 6. The City Manager is authorized and directed to take actions consistent with the intent of this Ordinance, including, without limitation, execution of a performance agreement between the City, the Developer, the Industrial Development Authority, and the Commonwealth as required by 58.1-3851.1 of the Code of Virginia, 1950, as amended. SECTION 7. Severability Clause If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid. SECTION 8. Effective Date This being an ordinance for the preservation of property, in the form of taxes derived from the project, an emergency is hereby declared and this ordinance shall become effective immediately upon adoption following a first and second reading. First Reading: September 8, 2015
OCTOBER 13, 2015 525 Second Reading: October 13, 2015 Adopted: October 13, 2015 Mayor Hubbard entertained a motion to adopt an Ordinance to adopt the Tourism Development Plan developed in conjunction with the Commonwealth of Virginia s Tourism Development Financing Program, to endorse a proposed tourism project, and to authorize other actions consistent with State Tourism Gap Financing. Council Member Odum made the motion to adopt an Ordinance to adopt the Tourism Development Plan developed in conjunction with the Commonwealth of Virginia s Tourism Development Financing Program, to endorse a proposed tourism project, and to authorize other actions consistent with State Tourism Gap Financing. Motion was seconded by Vice Mayor Hartley and carried by the following votes: 4. Consider a Request to Publish Delinquent Tax Lists City Treasurer, Ms. Angel Harris, requested authorization to publish the names of delinquent taxpayers in the local newspaper. She advised that real estate taxes were collectable for twenty (20) years; therefore, nineteen (19) years were considered delinquent. She continued by advising that personal property taxes were collectable for five (5) years, all of which were currently delinquent because she was preparing to bill out the 2015 taxes. Ms. Harris advised that there were approximately three thousand (3,000) names that would be published in the newspaper. She continued by stating that the Code of Virginia and the Ordinance adopted by the City were very specific - there were no exceptions to not having delinquent taxpayer names published should City Council Members vote to do so unless the property owner was in bankruptcy. Ms. Harris continued by stating that if delinquent taxes could be eliminated it would produce multiple benefits, the greatest of which would be eliminating the use of Tax Anticipation Notes. Vice Mayor Hartley asked when the names would be published and the timeframe they would have to pay. Ms. Harris advised that the Code states that a list be provided based upon the June 30 th numbers; however, this only gives the taxpayers six (6) months to pay. She requested that the time be extended to the December 5 th deadline for the 2014 taxes. Vice Mayor Hartley inquired about the notification that would be issued to the delinquent taxpayers. Ms. Harris advised that notification would be on the tax bill. Council Member Brillhart and Council Member Steele expressed concern about publishing the names of taxpayers that were on a payment plan and were current with payments. Council Member Odum asked when the name would be published if the request was approved. Ms. Harris advised that the names would be published in mid-january. City Attorney, Pete Curcio, stated that his office had issued publications in the past and that it was effective. He added that there were ramifications of publishing names of individuals who did not know that they were delinquent. He pointed out that mortgage companies make mistakes and property owners were not aware their taxes have not been paid. He added that there were individuals (heirs) that own property who were unaware that they owned the property or that the taxes were delinquent. Mayor Hubbard entertained a motion to authorize the publication of a delinquent taxpayer list. Vice Mayor Hartley made the motion to authorize the publication of a delinquent taxpayer list. Mayor Hubbard declared that the item died due to the lack of a second to the motion. 5. Consider a Request to Grant Exemption from Bristol, Virginia Property Tax Relative to the Morrison School Located at 200 North Pinecrest Lane Bristol, Virginia.
526 OCTOBER 13, 2015 Mayor Hubbard entertained a motion to table the request. Council Member Odum made a motion to table the request to grant exemption from Bristol, Virginia Property Tax relative to the Morrison School located at 200 North Pinecrest Lane Bristol, Virginia. Motion was seconded by Council Member Steele and carried by the following votes: 6. Consider a Request for Approval of COPS Grant Bristol, Virginia Chief of Police, Mr. John Austin, reported that the Bristol, Virginia Police Department had received a Community Oriented Policing Services (COPS) grant. He explained that the COPS grant was a seventy-five/twenty-five percent (75/25%) matching grant. Chief Austin added that the department currently had three (3) school resource officers, and that this grant would provide additional school resource officers so that each school in the City would have an officer. He commented on the school resource officers serving as role models and the positive impact they have on the school and community climate. Chief Austin reported that the three officers would be utilized during special events in the City as well as provide additional patrol in the downtown area during summer months. City Manager, Ms. Tabitha Crowder, presented financial information detailing the total costs, grant amount, city match, and suggested ways to fund the positions. She added that the proposed funding for this fiscal year would be through the vacancy savings of a dispatcher position that would not be filled. She continued by stating that funding for future years would come from Asset Seizure monies from the Commonwealth Attorney as well as the Police Department. She continued by stating that there would be an additional one hundred thousand dollars ($100,000) in a previous City Council commitment that would end in FY2018 that could be used in FY2019. Bristol, Virginia Public Schools Superintendent, Mr. Rex Gearheart, spoke in favor of having a school resource officer in each City school. Mayor Hubbard entertained a motion to authorize City staff to accept the COPS grant and to use vacancy savings to fund the City s match this fiscal year. Council Member Odum made the motion to authorize City staff to accept the COPS grant and to use vacancy savings to fund the City s match this fiscal year. Motion was seconded by Council Member Brillhart. Vice Mayor Hartley and Council Member Steele spoke in favor of the grant which provided for the safety of children by providing a means to have an officer in each City school. Mayor Hubbard explained that the City had the financial aspect of the COPS grant covered for the next four (4) years, adding that future funding would be the responsibility of future City Councils. The votes were as follows: 7. Consider Approval of the Minutes: Regular Meeting July 14, 2015 Regular Meeting July 28, 2015 Regular Meeting August 11, 2015 Joint Called Meeting w/bristol, Tn. August 18, 2015 Mayor Hubbard entertained a motion to approve the minutes from the Regular Meeting from July 14, 2015, and the minutes from the Joint Called Meeting from August 18, 2015. Council Member Odum made the motion to approve the minutes from the Regular Meeting from July 14, 2015, and the minutes from the Joint Called Meeting from August 18, 2015. Motion was seconded by Council Member Brillhart and carried by the following votes: AYES: Brillhart, Hartley, Odum, and Hubbard ABSTAIN: Steele
OCTOBER 13, 2015 527 Mayor Hubbard entertained a motion to approve the remaining items on the consent agenda to include Council Meeting Minutes, appointing Police Captain Darryl Milligan to serve on the Mount Rogers Alcohol Safety Program, and the street closure request. Vice Mayor Hartley made the motion to approve the remaining items on the consent agenda to include Council Meeting Minutes, appointing Police Captain Darryl Milligan to serve on the Mount Rogers Alcohol Safety Program, and the street closure request. Motion was seconded by Council Member Odum and carried by the following votes: The remaining items on the consent agenda are as follows: 8. Consider the Following Appointment: Mount Rogers Alcohol Safety Program Police Captain Darryl Milligan was appointed. 9. Consider Street Closure Request for Annual Veterans Parade, Saturday, November 7, 2015 C. Adjournment There being no further business, the meeting was adjourned. ******** ****** **** ** * City Clerk Mayor