FEBRUARY 12, Invocation was given by Council Member Brillhart followed by the Pledge of Allegiance to the flag led by Council Member Harlow.

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1 525 THE REGULAR MEETING OF THE BRISTOL VIRGINIA CITY COUNCIL WAS HELD ON FEBRUARY 12, 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 led by Council Member Harlow. 1. Matters to be Presented by Members of the Public Mr. Michael Pollard addressed City Council regarding The Crooked Road National Heritage Area and advised that Congressman Morgan Griffith had withdrawn his support of The Crooked Road National Heritage Area and that he would be holding three (3) town hall meetings in the spring and would not be making his decision until then. He also advised that Senator Carrico, Representative O Quinn and the Virginia Farm Bureau have expressed their opposition in writing; and that Terry Kilgore had expressed his opposition verbally. Ms. Nancy Marney addressed growth and progress in the City. 2. Mayor s Minute and Council Comments Mayor Steele advised that Virginia Intermont College would be hosting a guest speaker on February 22, 2013 and that they still have tickets available. He continued by stating that the guest speaker is Mr. Billy Wagner who was a seven (7) time major league baseball all-star, a southwest Virginia native, and a Virginia Sports Hall of Famer. City Manager, Dewey P. Cashwell, Jr. recognized Terry Short, Gene Christian, Dwayne Coleman, David Knupp, Allen Hall, Hershell Mitchell, David Murray, Troy Malone, Bart Poe, Kelly Miller and Kevin Dye for their time and the hard work that was devoted to the renovation of the Council Chamber. Mr. Cashwell also recognized Casey Barnes for being awarded the PGA Professional 2012 Richard Eller Growth of the Game winner of the Tri-cities Chapter of the PGA Tennessee Section in recognition for the establishment of player development programs, increasing the rounds of golf, leadership in the area and growth of the game, and participation and national growth initiative programs and activities. He also recognized Adam Dean for being awarded the 2012 Teacher of the Year winner of the Tri-cities Chapter of the PGA Tennessee Section for his overall teaching performance, initiation and implementation of unusual, innovative and special teaching programs, published articles and for the outstanding golfers he had instructed. 3. Consider Approval of the Minutes: Regular Meeting - January 08, 2013 January 22, 2013 Called Meeting- January 16, 2013 January 24, 2013 Mayor Steele entertained a motion for the approval of the Regular Meeting Minutes from January 8, 2013, the Called Meeting Minutes from January 16, 2013, the Regular Meeting Minutes from January 22, 2013 and the Called Meeting Minutes from January 24, Vice Mayor Odum asked that a correction be made to the January 8, 2013 Meeting Minutes, agenda item nine (9) which should say motion was seconded by instead of the motion was made by; and that a correction be made to the January 22, 2013

2 526 FEBRUARY 12, 2013 Meeting Minutes, agenda item ten (10) to include in the nomination of Council Member Harlow to serve as a voting member of the Birthplace of Country Music Committee. Vice Mayor Odum made the motion to approve the Regular Meeting Minutes from January 8, 2013, the Called Meeting Minutes from January 16, 2013, the Regular Meeting Minutes from January 22, 2013 and the Called Meeting Minutes from January 24, 2013 as amended. Motion was seconded by Council Member Ashley as amended and carried by the following votes: 4. Consider Proclamation to Recognize February 12, 2013 as Brad Keselowski Day in Bristol Mayor Steele advised that he had presented the following Proclamation today at Nascar: A PROCLAMATION TO RECOGNIZE BRAD KESELOWSKI DAY IN BRISTOL WHEREAS, Brad Keselowski finished in the Top 10 in three of his first four career races at Bristol in the Nationwide Series, and WHEREAS, Brad won his fourth career Nationwide start; and his nine NASCAR Sprint Cup wins at Bristol Motor Speedway; and WHEREAS, Brad won back to back races in August of 2011 and March 2012; and WHEREAS, Brad has often declared his love of Bristol Motor Speedway and the area; and WHEREAS, Brad has often given his time to help Bristol Motor Speedway promote its races; and and WHEREAS, Brad has dedicated himself to serving others who serve our country; WHEREAS, Brad Keselowski s Checkered Flag Foundation was incorporated in late July of 2010 and strives to support those individuals who have sacrificed greatly for America, including military members, veterans, first-responders and their families, among others; and NOW, THEREFORE, WE, Joel Staton, Mayor of the City of Bristol Tennessee and Jim R. Steele, Mayor of the City of Bristol Virginia, do hereby recognize Brad Keselowski for his dedication to promoting Bristol and Bristol Motor Speedway and honoring others, we honor Brad by declaring February 12, 2013 Brad Keselowski Day in Bristol.. 5. Consider Accepting and Appropriating Funds as Follows: a) Consider accepting and appropriating funds from the sale of equipment from the Solid Waste Disposal fund as follows: Revenue $14, Expense $14, b) Consider accepting and appropriating funds from the sale of equipment from Police Department as follows: Revenue $20, Expense $20,000.00

3 527 City Clerk/Comptroller, Steve Allen, explained that Solid Waste sold some equipment in the amount of fourteen thousand, five hundred sixty-four dollars and seventy-six cents ($14,564.76) and that they are requesting re-appropriation of the funds to be used to purchase other equipment; and that the Police Department had received twenty thousand dollars ($20,000) for the sale of equipment and that they are requesting re-appropriation of those funds to be used to purchase other equipment. Council Member Harlow made the motion to approve the acceptance and reappropriation of funds as requested. Motion was seconded by Vice Mayor Odum and carried by the following votes: 6. Ordinance 1 st Reading 1) An Ordinance to Repeal and Reenact Section Requirements for Exemption and Section Claiming of Exemption of the City Code Mr. Terry Frye, Commissioner of the Revenue, addressed City Council regarding City Code Section He explained that the City of Bristol has a program that allows a certain amount of property taxes, for persons that are eligible, elderly or handicapped, an exemption to be taken off their taxes. He added that when he became the Commissioner, the City had over two hundred (200) people that qualified for that program and that currently there were approximately ninety (90) individuals that qualify. He added that one of the reasons that the number of eligible individuals is substantially lower is because the City s code section had not been changed to coincide with some of the neighboring communities. He advised that the current code requires that the person be sixty-five (65) or older or found to be disabled by a doctor; the gross combined income of the household could not exceed eighteen thousand dollars ($18,000); and the total combined financial worth could not exceed thirty thousand dollars ($30,000). He proposed that a change be made to the City Code to increase the number of eligible applicants. He recommended increasing the gross combined income of the household to twenty-four thousand dollars ($24,000) and to increase the total combined financial worth to forty thousand dollars ($40,000). Council Member Harlow inquired about the term financial worth. He asked if the term referred to combined financial worth and not actual net worth. Mr. Frye confirmed that the term refers to combined financial worth. Mayor Steele entertained a motion for the first reading of an Ordinance to repeal and reenact section Requirements for Exemption and Section Claiming of Exemption of the City Code. Council Member Ashley made the motion for the first reading of an Ordinance to repeal and reenact section Requirements for Exemption and Section Claiming of Exemption of the City Code by caption only. Motion was seconded by Council Member Harlow and carried by the following votes: The City Attorney, Pete Curcio, read the following Ordinance by caption only: AN ORDINANCE TO REPEAL AND REENACT SECTION REQUIREMENTS FOR EXEMPTION and SECTION CLAIMING OF EXEMPTION OF THE CITY CODE

4 528 FEBRUARY 12, 2013 BE IT ORDAINED by the City Council for the City of Bristol, Virginia that Section Requirements For Exemption and Section Claiming Of Exemption of the City Code should be and hereby is repealed and reenacted to read as follows: Sec Requirements for exemption. An exemption under this division shall be granted to persons subject to the following provisions: (1) The title to property for which the exemption is claimed is held or partially held on January 1, of the taxable year, and for the full taxable year, by the person claiming the exemption. (2) The person claiming such exemption must file annually with the City Commissioner of the Revenue an affidavit setting forth the names of the related persons occupying such real estate, the total combined net worth, including equitable interest and combined income from all sources, of the person claiming the exemption. If such person is under 65 years of age, such form will have attached thereto a certificate by the Social Security Administration, the Railroad Retirement Board or the State Department of Veterans' Affairs or, if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors who are either licensed to practice medicine in the commonwealth or are military officers on active duty who practice medicine with the United States Armed Forces, to the effect that such person is permanently and totally disabled, which state of disability is defined as one of a person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. Such affidavit shall be filed after February 1 of each year, but before May 1 of such year. The commissioner of the revenue shall also make such further inquiries of persons seeking such exemption, requiring such answers under oath as may be reasonably necessary to determine qualifications therefore as specified herein. (3) The gross combined income of the person claiming the exemption during the year preceding the taxable year shall be determined by the commissioner of the revenue in an amount not to exceed $24, The gross combined income shall include all income for all sources of the person claiming and of the claimant's relatives living in the dwelling for which the exemption is claimed, except that the first $2, of income of each relative other than the spouse of the claimant, who is living in the dwelling, shall not be included in such total. (4) The total combined financial worth of the claimant and of the spouse of the claimant, as of December 31 of the year immediately preceding the taxable year, shall be determined by the commissioner of the revenue in an amount not to exceed $40, Total financial worth shall include the value of all assets, including equitable interest of the claimant and of the claimant's relatives living in the dwelling for which exemption is claimed, but shall not include the fair market value of the dwelling and the land upon which it is situated, not exceeding one acre, for which exemption is claimed.

5 529 (5) The fact that persons who are otherwise qualified for tax exemption or deferral by an ordinance promulgated pursuant to this section while residing in hospitals, nursing homes, convalescent homes or other facilities for physical or mental care, for extended periods of time shall not be construed to mean that the real estate for which tax exemption is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. Sec Amount of exemption. The person qualifying for and claiming an exemption under this division shall be relieved of that portion of real estate tax levied on the qualifying dwelling and land as defined in Code of Virginia, as follows: the real estate tax exemption, as well as the exemption upon the tax on mobile homes, shall be set at a flat rate of two hundred dollars ($200.00) total, for any tax year. First Reading: February 12, 2013 Second Reading Adoption 7. Ordinance 2 nd Reading 1) Ordinance to Repeal and Reenact Section 2-6 of the City Code Assistant City Manager; Appointment, Duties, Compensation City Attorney, Pete Curcio, explained that during the last Council Meeting the first reading of an Ordinance to repeal and reenact Section 2-6 of the City Code Assistant City Manager; Appointment, Duties, Compensation was presented to City Council and a first reading was performed. He advised that the item is being presented for the second reading and adoption, should Council so choose. Mayor Steele entertained a motion for the second reading of an Ordinance to repeal and reenact Section 2-6 of the City Code Assistant City Manager; Appointment, Duties, Compensation. Council Member Harlow advised that the Ordinance states that City Council shall from time to time designate a job description which shall be kept in the City Manager s office in writing and that the City Council shall establish a supplemental salary to be paid. He further advised that City Council had not designated the job description and salary as of this date and recommended that further discussion be conducted and to address the issue at a later date. Council Member Harlow made the motion to table the item and to set a meeting date to discuss the details of the job description and salary and to address the Ordinance at a later date. Motion was seconded by Council Member Brillhart. Council Member Ashley inquired about approving the second reading and then meeting to discuss the details and approve the adoption at a later date. City Attorney, Pete Curcio, advised that if the discussion relative to the job duties or those types of things were to create a change in the language and a second reading had been approved, then it would be required that the Ordinance be addressed as a first

6 530 FEBRUARY 12, 2013 reading again, whereas if the second reading is not performed tonight and the language of the Ordinance is changed then the second reading and adoption could be addressed at the next Council meeting and at that time the Assistant City Manager(s) could be named. Following a brief discussion, Mayor Steele advised that there was a motion to table the item and directed the City Clerk to call the roll. 8. Consideration to Adopt An Ordinance To Repeal and Reenact Section 2-6 of the City Code Assistant City Manager; Appointment, Duties, Compensation This item was not addressed due to the second reading of the Ordinance being tabled. 9. Consideration of Downtown Parking Structure and Direction to City Manager Regarding Same Pursuant to PPEA Mayor Steele stated that the City needed to come up with a way to pay for a parking structure without burdening the taxpayers. He continued by stating that if a parking garage was built it would have to be self-supporting. He advised that it was his opinion that the project be revisited in six (6) to twelve (12) months. Council Member Ashley stated that this may not be the time to look at this project because a few events had actually freed up parking in the area that is being discussed. He explained that U.S. Solutions had moved to a facility in Tennessee which freed up parking; the completion of the Heritage Museum was possibly two or three years away; and that the parking study that was commissioned stated that parking was currently adequate. Therefore, he advised that he was in favor of waiting. Council Member Harlow explained that the City paid a lot of money for a parking study and that the study had listed recommendations that the City needed to implement. He continued by stating that the City had done some of the things that the study recommended, but not all them. Therefore, he suggested that the recommended changes be implemented; improvements be made to the management of the parking that the City currently has by reviewing the leases; and to display better signage. Vice Mayor Odum stated that he was concerned about the pay-for-park on the downtown streets as it was tried years ago and it did not work. He continued by stating that if the City decides to move forward with the parking structure and obtained Parking Solutions that some of the ideas that they presented should be tweaked to fit the needs of the City. He also stated that another concern was that the citizens would not incur any costs in a parking garage. Council Member Brillhart added that Parking Solutions had put a lot of effort into the proposal, but that she would like to see other proposals. She continued by stating that one asset of using Parking Solutions proposal was that they were willing to use local companies for architectural and construction services which would put dollars back into the community. She agreed that this project should be looked at six (6) to twelve (12) months from now. City Attorney, Pete Curcio, advised that City Council had three (3) options to address the proposal from Parking Solutions. He advised that the options were: to vote not to proceed further with the proposal at this time; to move forward with the next stage which is the detailed phase; or to ask for amendments to the current proposal that Parking Solutions has provided. Mayor Steele entertained a motion to not proceed with the proposal at this time.

7 531 Council Member Brillhart made the motion to not proceed with the proposal at this time, but to look at the proposal in the near future. Motion was seconded by Council Member Harlow and carried by the following votes: 10. Adjournment There being no further business, the meeting was adjourned. ******** ****** **** ** * City Clerk Mayor