BRISTOL VIRGINIA CITY COUNCIL 300 Lee Street Bristol, Virginia October 14, :00 p.m.

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1 City Council Catherine D. Brillhart, Mayor Archie Hubbard, III, Vice Mayor Bill Hartley, Council Member Guy P. Odum, Council Member Jim Steele, Council Member BRISTOL VIRGINIA CITY COUNCIL 300 Lee Street Bristol, Virginia October 14, :00 p.m. Call to Order Invocation Pledge of Allegiance 1) Matters to be presented by Members of the Public. 2) Mayor s Minute and Council Comments. AGENDA: 3) Consider Approval of the Minutes: Regular Meeting September 23, ) Street Closure Request for the Annual Veteran s Day Parade, Scheduled for Saturday, November 8, ) Presentation Regarding an Analysis of Potential Options for Meeting the City s Jail Needs. 6) Public Hearing Regarding a Modified Voluntary Settlement Agreement Involving Intergovernmental Issues between the City of Bristol, Virginia, and the County of Washington, Virginia, and Providing for Certain Revenue Sharing and Economic Growth Sharing between the City and the County. 7) First Reading of an Ordinance to Adopt a Modified Voluntary Settlement Agreement Involving Intergovernmental Issues between the City of Bristol, Virginia, and the County of Washington, Virginia, and Providing for Certain Revenue Sharing and Economic Growth Sharing between the City and the County. 8) Presentation Regarding Bristol, Virginia, Public Schools. 9) Consider Opening of Sealed Bids for the Purchase of Surplus City Property and to Direct Staff Concerning the Sale of Surplus Property. 10) Executive Session pursuant to A.1, Code of Virginia, 1950, as amended. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluations will necessarily involve discussion of the performance of specific individuals. (Personnel) 11) Second Reading and Adoption of an Ordinance to Enact of the City Code, Delinquent List Involving Local Taxes Submitted to City Council; Publication of Lists. 12) Adjournment.

2 THE REGULAR MEETING OF THE BRISTOL VIRGINIA CITY COUNCIL WAS HELD ON SEPTEMBER 23, 2014, AT 7:00 P.M. IN COUNCIL CHAMBERS, 300 LEE STREET, BRISTOL, VIRGINIA, WITH MAYOR CATHERINE BRILLHART PRESIDING. COUNCIL MEMBERS PRESENT WERE VICE MAYOR ARCHIE HUBBARD, WILLIAM HARTLEY, GUY ODUM, AND JIM STEELE. CITY MANAGER, TABITHA CROWDER, AND CITY ATTORNEY, PETE CURCIO, WERE ALSO PRESENT. Invocation was given by Vice Mayor Hubbard followed by the Pledge of Allegiance to the flag. Mayor Brillhart advised that staff had requested that an item be added to the agenda. She explained that to add an item to the agenda would require a unanimous vote by City Council Members. She entertained a motion to open the agenda. Vice Mayor Hubbard made the motion to open the agenda. Motion was seconded by Council Member Odum and carried by the following votes: AYES: Hartley, Hubbard, Odum, Steele, and Brillhart Mayor Brillhart advised that staff would like to add an item to the agenda for the Consideration and Approval of an Economic Development Performance Agreement. She advised that this item would become Agenda Item 8 and that the remaining agenda items would follow. She entertained a motion to add the item as requested. Council Member Odum made the motion to add an item to the agenda for the Consideration and Approval of an Economic Development Performance Agreement, as requested. Motion was seconded by Vice Mayor Hubbard and carried by the following votes: AYES: Hartley, Hubbard, Odum, Steele, and Brillhart 1. Matters to be Presented by Members of the Public The following individuals spoke in favor of permanently closing Sutherlin Street: Dr. Richard Fenchak, the Principal of Saint Ann Catholic School, Ms. Carla Olson, Mr. Vincent (Vinny) Ringrose, Dr. Eric Fish, Dr. Helen Fish, Ms. Laurel Broadfoot, Ms. Amber Massengill, Ms. Susie Branson, Reverend Kevin Segerblom, and Ms. Meredith Myers. Mr. Michael Pollard encouraged City Council to be open and transparent as much as possible. 2. Mayor s Minute and Council Comments Council Member Hartley thanked City staff for helping with the Bristol Rhythm & Roots Reunion festival. Mayor Brillhart thanked members of the Fire Department, Police Department, EMS, Public Works, City staff, and Council Members for their help with the Bristol Rhythm & Roots Reunion festival. 3. Consider Approval of the Minutes: Called Meeting August 5, 2014 Called Meeting August 18, 2014 Joint Called Meeting August 19, 2014 Regular Meeting August 26, 2014 Regular Meeting September 9, 2014 Mayor Brillhart recommended corrections be made to the minutes from August 26, 2014, to reflect Ms. McCracken s drainage issues instead of sewer issues and on the minutes from September 9, 2014, to reflect the Treasurer s report concerning the fees associated with publishing the delinquent taxpayers names in the newspaper, which should have been five thousand to ten thousand dollars ($5,000 - $10,000). Mayor Brillhart entertained a motion to approve the Called Meeting Minutes from August 5, 2014, the Called Meeting Minutes from August 18, 2014, the Joint Called Meeting Minutes from August 19, 2014, the Regular Meeting Minutes from August 26, 2014, and the Regular Meeting Minutes from September 9, 2014, with the aforementioned corrections.

3 Vice Mayor Hubbard made the motion to approve the Called Meeting Minutes from August 5, 2014, the Called Meeting Minutes from August 18, 2014, the Joint Called Meeting Minutes from August 19, 2014, the Regular Meeting Minutes from August 26, 2014, and the Regular Meeting Minutes from September 9, 2014, with the aforementioned corrections. Motion was seconded by Council Member Hartley and carried by the following votes: AYES: Hartley, Hubbard, Odum, Steele, and Brillhart 4. Presentation of Annual Report for the Bristol Redevelopment and Housing Authority by Dave Baldwin Mr. David Baldwin, Executive Director/CEO for the Bristol Redevelopment and Housing Authority, gave a presentation on the Bristol Redevelopment and Housing Authority (BRHA), stating that, for the past seventy-six (76) years, the Authority had been providing safe and affordable housing for many low income families in Bristol, Virginia. Mr. Baldwin told the story about Zack Burson, a Civil War hero, who bought property in the southwest area of the Virginia Hill Neighborhood. It was there that Mr. Burson built shacks which were later known as Burson s Row. He continued by stating that the cost of renting these shacks was fifty cents to one dollar ($.50 - $1.00) per week, depending upon the condition of the shack. He explained that the BRHA s first project, seventy (70) years later, was to demolish Burson s Row and build Rice Terrace for low income families. Mr. Baldwin explained that, over the next thirty-five (35) years, BRHA created public housing on five (5) additional sites. He pointed out that the total housing units peaked in the 1970 s at four hundred eighty-one (481) units and that, with changes which were made over the next thirty-five (35) years, there were currently four hundred twentyseven (427) units. Mr. Baldwin explained that, in addition to providing affordable housing, BRHA had partnered with the City of Bristol, Virginia, to redevelop the City s core and created economic development opportunities which dramatically reshaped the downtown area. He explained that with the ability of the BRHA to borrow funds from the federal government, to buy, assemble, and resale property, they facilitated the development of landmark public buildings along the Lee Street and Cumberland Street corridors, as well as public amenities such as Cumberland Square Park and public parking facilities. Mr. Baldwin pointed out that BRHA were not only about buildings and land - they were about people. He explained that BRHA provided resident services for participating families, resident opportunities, and self-sufficiency programs. He pointed out that their success in providing these programs was achieved, not only through BRHA funding, but through collaboration with other governmental non-profit agencies and through support from the citizens of Bristol. Mayor Brillhart thanked the BRHA and Board of Commissioners for their work in the community. 5. Ordinance 2 nd Reading 1) Second Reading and Adoption of an Ordinance to Vacate a Portion of an Improved Public Right-Of-Way Known as Sutherlin Street. Mayor Brillhart entertained a motion for the second reading of an Ordinance to Vacate a Portion of an Improved Public Right-Of-Way Known as Sutherlin Street. City Manager, Ms. Tabitha Crowder, advised that following discussions held with City Council Members, recommendations were made to ask Saint Ann Catholic School to pay for the material and the labor to construct the sidewalk. She continued by stating that the City Engineer had provided an estimate of the cost, and she recommended that Saint Ann Catholic School be asked if they would approve a modification to the agreement to pay for the labor costs. Reverend Kevin Segerblom of Saint Ann Catholic Church stated that they agreed to the modification to include labor costs in the construction of the sidewalk.

4 Council Member Odum made the motion for the second reading of an Ordinance to Vacate a Portion of an Improved Public Right-Of-Way Known as Sutherlin Street. Motion was seconded by Council Member Hartley and carried by the following votes: AYES: Hartley, Hubbard, Odum, Steele, and Brillhart City Attorney, Pete Curcio, read the following Ordinance: ORDINANCE TO VACATE A PORTION OF AN IMPROVED PUBLIC RIGHT-OF-WAY KNOWN AS SUTHERLIN STREET WHEREAS, the City of Bristol, Virginia desires to vacate a portion of a right-ofway known as Sutherlin Street in the City of Bristol, Virginia, more particularly described as follows: Located south of the intersection of Sutherlin Street and Euclid Avenue, bounded on the west by the Real Property Identification of the City of Bristol Virginia Tax Parcels and 7, on the north by Euclid Avenue, on the south by Oakview Avenue and on the east by the Real Property Identification of the City of Bristol Virginia Tax Parcel No and 44 and being approximately 0.28 acres. WHEREAS, the City of Bristol will retain a public drainage and utility easement over the entirety of the vacated property to access public utilities; and 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 the City does hereby retain an easement for all present or all future utility needs within the boundaries of said vacated right-of-way; 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: September 9, 2014 Second Reading: September 23, 2014 Adopted: September 23, 2014 Mayor Brillhart entertained a motion to adopt an Ordinance to Vacate a Portion of an Improved Public Right-Of-Way Known as Sutherlin Street. Council Member Odum made the motion to adopt an Ordinance to Vacate a Portion of an Improved Public Right-Of-Way Known as Sutherlin Street. Motion was seconded by Council Member Hartley and carried by the following votes: AYES: Hartley, Hubbard, Odum, Steele, and Brillhart 6. Ordinance 1 st Reading 1) First Reading of an Ordinance to Enact of the City Code, Delinquent List Involving Local Taxes Submitted to City Council; Publication of Lists. Mayor Brillhart entertained a motion for the first reading of an Ordinance to Enact of the City Code, Delinquent List Involving Local Taxes Submitted to City Council; Publication of Lists. Vice Mayor Hubbard made the motion for the first reading of an Ordinance to Enact of the City Code, Delinquent List Involving Local Taxes Submitted to City Council; Publication of Lists. Motion was seconded by Council Member Hartley and carried by the following votes:

5 AYES: Hartley, Hubbard, Odum, and Steele NAYS: Brillhart City Attorney, Pete Curcio, read the following Ordinance: ORDINANCE TO ENACT OF THE CITY CODE DELINQUENT LIST INVOLVING LOCAL TAXES SUBMITTED TO CITY COUNCIL; PUBLICATION OF LISTS BE IT ORDAINED by the City Council for the City of Bristol Virginia that Delinquent List Involving Local Taxes Submitted to City Council; Publication of Lists. A. Pursuant to the authority of the Code of Virginia as may be amended, re-enacted or recodified from time to time, the Treasurer, upon the request of the City Council, shall furnish a copy of any of the six lists mentioned in of the Code of Virginia as may be amended, re-enacted or recodified from time to time. B. The Treasurer may, or at the request of City Council, shall certify to the Commissioner of Revenue a copy of the list of real estate on the Commissioner s land book improperly placed thereon or not ascertainable. The Commissioner of Revenue shall correct his land book accordingly and the Treasurer shall be given credit for the entire amount of taxes included in the list and shall also be given credit for all taxes shown on the lists mentioned in subdivisions 4, 5 and 6 of Va. Code and for obligations discharged in bankruptcy as described in the aforementioned Code. C. Pursuant to the authority of the Code of Virginia , as may be amended, re-enacted or recodified from time to time, the Treasurer shall, upon the request of the City Council, publish i. A list of real estate which is delinquent for the nonpayment of taxes; and ii. A list of taxes assessed on tangible personal property, machinery and tools and merchants capital and such other subjects of local taxation which are delinquent, or such part of said lists as are deemed advisable by the Treasurer in a newspaper of general circulation in the City and on the City s website. First Reading: September 23, 2014 Second Reading: Adopted: 7. Consider Accepting $ in Funds from the Sale of Voting Equipment to the Registrar s Department and Appropriating as Follows: Revenue $ Expense $ Mayor Brillhart entertained a motion to accept three hundred dollars ($300) in funds from the sale of voting equipment to the Registrar s Department and appropriating as requested. Council Member Odum made the motion to accept three hundred dollars ($300) in funds from the sale of voting equipment to the Registrar s Department and appropriating as requested. Motion was seconded by Council Member Steele and carried by the following votes: AYES: Hartley, Hubbard, Odum, Steele, and Brillhart 8. Consideration and Approval of an Economic Development Performance Agreement

6 Assistant City Manager, Mr. Andrew Trivette, explained that K-VA-T Food Stores, Inc. had a seven (7) year lease agreement on the Euclid Shopping Center and that Ollie s Bargain Outlet was interested in sub-leasing the building. He continued by explaining that the Economic Development Committee (EDC) had recommended a nonet-loss award in the amount of one hundred thousand dollars ($100,000), paid to K-VA- T, to offset some of the cost to renovate the space. He explained that, in return for the award, the agreement called for a capital investment of four hundred thousand dollars ($400,000) and the employment of thirty (30) positions. Mr. Trivette advised that staff recommended that City Council vote to execute the agreement as presented. He advised that the Performance Agreement would be presented to the Industrial Development Authority (IDA) at a later date. Following a brief discussion, Mayor Brillhart entertained a motion to consider and approve an economic development Performance Agreement as presented. Council Member Odum made the motion for the Mayor and the IDA to execute the Performance Agreement. Motion was seconded by Council Member Steele and carried by the following votes: AYES: Hartley, Odum, Steele, and Brillhart NAYS: Hubbard 9. Consider the Following Appointments: Appointments: Transportation Safety Commission Mayor Brillhart advised that there was a vacancy on the Transportation Safety Commission. City Manager, Ms. Tabitha Crowder, advised that an application had been received from Mr. Justin Fleenor for appointment to the Transportation Safety Commission. Mayor Brillhart entertained a motion to consider the appointment of Mr. Justin Fleenor to the Transportation Safety Commission. Council Member Hartley made the motion to appoint Mr. Justin Fleenor to the Transportation Safety Commission. Motion was seconded by Vice Mayor Hubbard and carried by the following votes: AYES: Hartley, Hubbard, Odum, Steele, and Brillhart 10. Adjournment There being no further business, the meeting was adjourned. ******** ****** **** ** * City Clerk Mayor

7 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: October 14, 2014 Department: Transit Bulk Item: Yes No _X Staff Contact: Danny Hunt AGENDA ITEM WORDING: Street Closure Request for the Annual Veteran s Day Parade, Scheduled for Saturday, November 8, ITEM BACKGROUND: This has been an annual event for the past 60+ years. PREVIOUS RELEVANT ACTION: City Council has approved this event for at least the last 60+ years. Staff Recommendations: Approval. DOCUMENTATION: Included X Not Required MOTION: AGENDA ITEM # Revised 03/10

8 300 Lee Street Bristol, Virginia Telephone # MEMORANDUM To: Tabitha Crowder, City Manager Date: September 30, 2014 Re: Street Closure Request-Annual Veteran s Day Parade, Saturday, November 8, 2014 I have received a request from the Fraternal Order of Veteran s & Civic Council of Bristol to close certain streets for a Veteran s Day Parade, scheduled for Saturday, November 8, 2014 from 10:00 AM to approximately 1:00 PM. It will be necessary to close Bob Morrison Boulevard at 7:30 AM to permit staging. Approval of this request is contingent on properly executed liability insurance document naming the City of Bristol as Certificate Holder and additional insured and Harmless Indemnification Agreement submitted. The parade route is as follows: -Staging on Bob Morrison Boulevard between West State Street and Fairmount Avenue -East on West State Street from Bob Morrison Boulevard to Lee Street -North on Lee Street to Cumberland Street -West on westbound Cumberland Street to Moore Street to disband -North on Lee Street to Cumberland Square Park for short ceremony In order for the parade to utilize this route, the following streets require closure: Northbound Bob Morrison Boulevard 7:30 am for staging Fairmount Avenue to West State Street Southbound Bob Morrison Boulevard 7:30 am for staging Fairmount Avenue to West State Street West State Street and State Street 10:00 am Bob Morrison Boulevard to Martin Luther King Jr. Boulevard Lee Street State Street to Cumberland Street Cumberland Street disbanding only Martin Luther King Jr. Boulevard to Piedmont Avenue Moore Street Cumberland Street to Scott Street All intersecting side street traffic will be controlled with traffic control devices and/or Police personnel using Police techniques. Intersections will be closed as the parade advances and reopened after the parade passes. If traffic control devices are used in the downtown area, they will be removed immediately after the cleanup is accomplished. I ask that this request be placed on the agenda for an upcoming meeting of the Bristol Virginia City Council. Should permission be granted, all traffic and pedestrian control will be coordinated with the Public Works Department and Police Department. The City of Bristol Tennessee has received a similar request.

9 Thank you in advance for your time and consideration. Cc: David Metzger, Transportation Planning Engineer Michael Maine, Operations Manager Bristol Virginia Public Works Department Wallace McCulloch, City Engineer, Bristol Virginia Gary Mullins, Bristol Virginia Sign Crew Captain C. A. Jones, Bristol Virginia Police Department Captain Maynard Ratcliff, Bristol Virginia Police Department Val DeVault, Interim Director of Parks & Recreation Eric Blevins, Interim Chief Bristol Virginia Fire Department Richard Ball, President Fraternal Order of Veterans Council of Bristol Tommy Sparks, Bristol Life Saving Crew Christina Blevins, Executive Director Main Street/Believe in Bristol

10 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: October 14, 2014 Department: City Manager Bulk Item: Yes No _X Staff Contact: Tabitha Crowder AGENDA ITEM WORDING: Presentation Regarding an Analysis of Potential Options for Meeting the City s Jail Needs. ITEM BACKGROUND: On June 25, 2013, Sheriff Jack Weisenburger with Mosley Architects presented the Community Based Corrections Plan (CBCP) to City Council. As indicated in the CBCP, the City jail is projected to be operating at approximately four times the current Rated Capacity (67 inmates) by the year The existing jail has insufficient space to meet the needs of the approximate 150+ inmates housed at the facility and the additional inmates housed in other facilities in rented space. The jail is used for the confinement of all inmates awaiting trial, sentenced female and male inmates (local responsible inmates) and sentenced felons awaiting transfer to the State system. The CBCP recommended that a new jail, if built, accommodate a rated capacity of 270 inmates. Prior to beginning the Planning Study, City staff asked the City's Financial Advisor, Davenport and Company, to look at potential options for meeting the City s jail needs. This analysis will be presented by Roland Kooch of Davenport and Company and compares a local and regional jail alternative. The local alternative is to build a new local jail rated at 270 beds while the regional alternative is to join the Southwest Virginia Regional Jail Authority. PREVIOUS RELEVANT ACTION: Called Meeting, June 25, 2013, Jail Planning Workshop, Community Based Corrections Plan Staff Recommendations: Direct the staff to begin negotiations with SWVRJA or to continue with the Planning Study for a new jail. DOCUMENTATION: Included X Not Required MOTION: AGENDA ITEM # Revised 03/10

11 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: October 14, 2014 Department: Bulk Item: Yes No _X Staff Contact: Pete Curcio AGENDA ITEM WORDING: Public Hearing Regarding a Modified Voluntary Settlement Agreement Involving Intergovernmental Issues between the City of Bristol, Virginia, and the County of Washington, Virginia, and Providing for Certain Revenue Sharing and Economic Growth Sharing between the City and the County. ITEM BACKGROUND: After a lengthy process to reach mutual satisfaction regarding revenue sharing for the City of Bristol, Virginia, and the County of Washington, Virginia, this proposed agreement may finalize and end the discontent between the two entities regarding this matter. PREVIOUS RELEVANT ACTION: The document has been made available to the public by both entities as required. Advertisement of the public hearing has been done, also as required. Staff Recommendations: DOCUMENTATION: Included X Not Required MOTION: AGENDA ITEM # Revised 03/10

12 AN ORDINANCE TO ADOPT A MODIFIED SETTLEMENT AGREEMENT INVOLVING INTERGOVERNMENTAL ISSUES BETWEEN THE CITY OF BRISTOL, VIRGINIA, AND THE COUNTY OF WASHINGTON, VIRGINIA, AND PROVIDING FOR CERTAIN REVENUE SHARING AND ECONOMIC GROWTH SHARING BETWEEN THE CITY AND THE COUNTY. WHEREAS, in October 2013, the City of Bristol ( City ) and the County of Washington ( County ) approved a Voluntary Settlement Agreement ( Settlement Agreement ), which constituted a voluntary settlement authorized by Section of the Code of Virginia, and WHEREAS, on March 10, 2014, the City and the County filed the Settlement Agreement with the Commission on Local Government ( Commission ), which conducted a hearing on May 12, 2014, as required by law, and which issued its findings and recommendations in a Report dated July 21, 2014; and WHEREAS, Section of the Code of Virginia requires the City and the County, subsequent to the Commission s review, to approve the original or a modified Settlement Agreement by an ordinance passed by a recorded vote of a majority of the members of each governing body after a duly advertised public hearing on the original or modified Settlement Agreement, and thereafter to petition the Circuit Court of Washington County for an order affirming the original or modified Settlement Agreement and establishing the rights of the localities under the terms of the Settlement Agreement; and WHEREAS, the City and the County negotiated modifications to the Settlement Agreement in accord with recommendations of the Commission, and a copy of the Modified Settlement Agreement is attached as Exhibit A; and

13 WHEREAS, the City and the County now propose to enter into the Modified Settlement Agreement which provides for (i) revenue sharing and economic growth-sharing arrangements, (ii) waiver of certain legal issues between the City and County, (iii) waiver of certain annexation rights. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BRISTOL, VIRGINIA, THAT: 1. The Council, by this Ordinance, approves and adopts the Modified Settlement Agreement and hereby authorizes and directs its Mayor to execute the Modified Settlement Agreement on behalf of the City. 2. The Council hereby authorizes the City Manager, and its legal counsel, to take all action necessary pursuant to Section of the Code of Virginia to obtain a Court order affirming and validating the Modified Settlement Agreement and establishing the rights of each locality as set forth under the terms of the Modified Settlement Agreement. 3. This Ordinance shall be in full force and effect 30 days from the date of its adoption. Approved this day of October, First Reading Second Reading Adopted - 2 -

14 Mayor City Clerk CERTIFICATION The undersigned Clerk of the City of Bristol, Virginia, hereby certifies that the foregoing constitutes a true, correct, and complete copy of an Ordinance adopted by the Council of the City of Bristol, Virginia at a meeting duly called and held on the day of October, 2014, during which a quorum was present and acting throughout, by the vote set forth below, and that such Ordinance has not been repealed, revoked, rescinded or amended: Council Member Present/Absent Vote Catherine D. Brillhart, Mayor Archie H. Hubbard III, Vice Mayor William T. Hartley Guy P. Odum Jim R. Steele WITNESS, my hand and the seal of the City of Bristol, Virginia, this day of October, Clerk of the City of Bristol, Virginia (SEAL) v1-3 -

15 VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE CITY OF BRISTOL, VIRGINIA AND WASHINGTON COUNTY, VIRGINIA, PURSUANT TO VIRGINIA CODE SECTION (November 2014) THIS VOLUNTARY SETTLEMENT AGREEMENT CONCERNING A DEVELOPMENT OF REGIONAL IMPACT AND REVENUE SHARING (November 2014) ( Agreement ) is made and entered into this day of, 2014, and executed in triplicate originals (each executed copy constituting an original) by and between the CITY OF BRISTOL, VIRGINIA ( City ), a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF WASHINGTON, VIRGINIA ( County ), a political subdivision of the Commonwealth of Virginia. RECITALS Whereas, the City and the County mutually desire to enhance retail development opportunities in their respective jurisdictions in response to the State of Tennessee s Border Region Retail Tourism Development District Act; Whereas, in furtherance of that desire, the City pursued legislation, now codified within Virginia Code section , to provide to the City certain state sales tax revenue remittances in connection with a development of regional impact as defined by such Code section; Whereas, the economic impact on the County of the Tennessee Border Region Retail Tourism Development District Act will be similar to the economic impact on the City; Voluntary Settlement Agreement Page 1 of 20

16 Whereas, the City has commenced a shopping center development known as The Falls ( Falls Development ) that constitutes a development of regional impact pursuant to Virginia Code section , in connection with which the City will receive certain state sales tax revenue remittances as provided in such Code section; Whereas, a controversy currently exists between the City and the County as to (i) the validity of Virginia Code section , (ii) the eligibility of the Falls Development to qualify as a development of regional impact, and (iii) the timing of state sales tax revenue remittances to be made pursuant to such Code section; Whereas, the City and the County have determined that it will be in the best interests of their respective jurisdictions and in accord with Virginia Code section to enter into this Agreement that provides, among other terms, for (i) revenue and economic growth sharing, (ii) land use arrangements, and (iii) a waiver of certain legal rights, a provision that the parties deem in their best interest pursuant to Virginia Code section (2); and Whereas, this Agreement will enhance the opportunities for economic growth for both the City and the County and will ensure the continued viability of the City and the County. SECTION 1. DEFINITIONS BVUA means the Bristol Virginia Utilities Authority. City means the City of Bristol, Virginia. Voluntary Settlement Agreement Page 2 of 20

17 Code means the Code of Virginia (1950, as amended). A reference to a specific Code provision shall mean that Code provision as it existed on the Effective Date, or any successor provision should the Code be amended thereafter. Commission means the Commission on Local Government. Comptroller means the Comptroller of the Commonwealth of Virginia. County means the County of Washington, Virginia. County Retailer means the County retail business located in the vicinity of Interstate-81, Exit 7, that has generated annually for the County, over the most recent three years, local retail sales tax revenue of approximately Three Hundred Fifty Thousand Dollars ($350,000.00) and that is currently eligible for economic incentives offered by the City if such retailer relocates to The Falls Shopping Center in the Falls Development. Development means a development of regional impact as such is defined in Virginia Code section (B). Effective Date means the date on which the Special Court enters its order affirming, approving, and validating this Agreement. Local Retail Sales Tax Revenue means the tax revenue received by the City or the County from the local option sales and use tax authorized by Virginia Code sections and Voluntary Settlement Agreement Page 3 of 20

18 606 to provide revenue for the general fund of the City or the County, each of which is one percent (1%) but shall apply as may be amended from time to time. Local Revenue means (i) tax revenue received by a locality from local taxes levied on real estate and all personal property, and (ii) the Local Retail Sales Tax Revenue generated from transactions occurring on designated property. Public Facility shall have the same meaning for such term as defined by Code section Retail business shall mean every person engaged in the business of making sales at retail, or for distribution, use, consumption, or storage to be used or consumed in the Commonwealth, as such term is further defined in Virginia Code section Retailer Revenue Sharing Amount shall mean Three Hundred and Fifty Thousand Dollars ($350,000.00) annually. Section refers to the parts of this Agreement unless the context indicates that the reference is to sections of the Code. Special Court means the Special Three-Judge Court appointed by the Supreme Court of Virginia pursuant to Title 15.2, Chapter 30 of the Code. Subsection refers to the parts of the Agreement set out in the various Sections unless the context indicates that the reference is to subsections of the Code. Voluntary Settlement Agreement Page 4 of 20

19 Trammell Property means the real property owned as of the Effective Date by the Trammell Estate near the intersection of Clear Creek Road and Route 11, consisting of a total of Eighty Three and One-Half (83.5) acres, more or less, in eight (8) tracts of land identified with County tax numbers 141-A-58, 141B-2-13, 141B-2-15, 141B-2-27, 141-B-2-33, 141B-2-37, 141B-2-41, and 141B-A-10. A map depicting the eight tracts of land constituting the Trammell Property is attached as Exhibit 1, which is hereby incorporated to be a part of this Agreement as if it were fully set out herein. Trammell Revenue means a sum equal to the Local Revenue generated by operation of retail business(es) as may be located on the Trammell Property after the Effective Date of this Agreement. SECTION 2. COVENANTS NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions herein contained, the parties do hereby covenant and agree as follows: Subsection 2.1. Mutual Release and Litigation Waiver In consideration of the covenants, agreements, and payment provided for herein, the County releases and discharges the City and its officers, employees, and agents from any and all claims, counterclaims, demands, damages, losses, liability, rights or causes of action of whatsoever kind and nature (collectively, claims ), whether legal or equitable, relating to the Falls Development. The County further waives its right to file suit, Voluntary Settlement Agreement Page 5 of 20

20 including but not limited to any lawsuit against the Comptroller of the Commonwealth of Virginia, based on any and all claims relating to the Falls Development. Such claims shall include but not be limited to any litigation to challenge (i) the validity or constitutionality of Virginia Code section , (ii) the eligibility of the Falls Development to be deemed a development of regional impact and a public facility under Virginia Code section , (iii) the authority of the Comptroller of the Commonwealth of Virginia to remit sales and use tax revenue to the City pursuant to Virginia Code section and the timing of such remittances made by the Comptroller, and (iv) the authorization, execution, issuance, sale and delivery, or validity of any bonds issued by the City or the City s Industrial Development Authority in connection with the Falls Development. However, the County shall not release and discharge the City or its officers, employees, or agents, or waive its right to file suit as to any claims for personal injury or property damage arising out of the construction or operation of the Falls Development Similarly, the City releases and discharges the County and its officers, employees, and agents from any and all claims, counterclaims, demands, damages, losses, liability, rights or causes of action of whatsoever kind and nature (collectively, claims ), whether legal or equitable, relating to the Falls Development and any expansion of such development of regional impact into the County as provided in a separate agreement between the parties dated October 8, 2013, and attached as Exhibit 2. The City further waives its right to file suit, including but not limited to any lawsuit against the Comptroller of the Voluntary Settlement Agreement Page 6 of 20

21 Commonwealth of Virginia, based on any and all claims relating to the Falls Development and any expansion of such development of regional impact into the County as provided in a separate Settlement Agreement between the Parties. See Exhibit 2. Such claims shall include but not be limited to any litigation to challenge (i) the validity or constitutionality of Virginia Code section , (ii) the eligibility of the Falls Development and any expansion of such development of regional impact into the County as provided in a separate Settlement Agreement between the Parties (see, Exhibit 2) to be deemed a development of regional impact and a public facility under Virginia Code section , (iii) the authority of the Comptroller of the Commonwealth of Virginia to remit sales and use tax revenue to the County pursuant to Virginia Code section and the timing of such remittances made by the Comptroller, and (iv) the authorization, execution, issuance, sale and delivery, or validity of any bonds issued by the County or the County s Industrial Development Authority in connection with any expansion of the development of regional impact into the County. However, the City shall not release and discharge the County or its officers, employees, or agents, or waive its right to file suit as to any claims for personal injury or property damage arising out of the construction or operation of any development as may occur in the areas included within any expansion of the City s development of regional impact as provided in a separate Settlement Agreement between the Parties. See, Exhibit 2. Voluntary Settlement Agreement Page 7 of 20

22 2.1.3 Each party covenants to cooperate, assist, and participate in the defense of any litigation brought by third parties as to the Falls Development and/or its expansion into the County against either party, the Industrial Development Authority of the City or County, the Commonwealth of Virginia or any agency thereof, which litigation challenges (i) the validity or constitutionality of Virginia Code section , (ii) the eligibility of the Falls Development and any expansion thereof to be deemed a development of regional impact and a public facility under Virginia Code section , (iii) the authority of the Comptroller of the Commonwealth of Virginia to remit sales and use tax revenue to the County pursuant to Virginia Code section and the timing of such remittances made by the Comptroller, and (iv) the authorization, execution, issuance, sale and delivery, or validity of any bonds issued by the City or the County or the Industrial Development Authority of the City or the County in connection with the Falls Development or any expansion of the development of regional impact into the County. The County shall be relieved of this obligation if efforts by the City and the County to amend Virginia Code section to expand the development of regional impact definition to include land area in the County, pursuant to a separate Settlement Agreement between the Parties (See Exhibit 2), are unsuccessful, but in no event shall the County support any litigation that may be to the detriment of the City Each party may, at its sole discretion, participate in the defense of any litigation brought by any third party concerning the Falls Development or the expansion of such Voluntary Settlement Agreement Page 8 of 20

23 development of regional impact into the County on grounds other than those stated in subsections 2.1.1, 2.1.2, and 2.1.3, but in no event shall either party support any litigation that may be to the detriment of the other party. Subsection 2.2. Revenue Sharing County Retailer Relocation. The City shall compensate the County for its loss of certain tax revenues generated by the County Retailer if such County Retailer relocates to The Falls and ceases its operations in the County, as follows: a. For a period of seven years, the City shall annually pay to the County the sum of Three Hundred and Fifty Thousand Dollars ($350,000.00) ( Retailer Revenue Sharing Amount ). That sum shall be payable at such times and with such adjustments as provided in this subsection. b. The County shall provide written notice to the City of the date that County Retailer closed its business in Washington County. The City shall make fourteen semi-annual payments to the County of the Retailer Revenue Sharing Amount. The first payment shall occur on a date to be set by the City within nine months after County Retailer closed its business in the County. Payments thereafter shall be paid semi-annually on June 10 and December 10. Each semi-annual payment shall be in the amount of $175,000.00, with any such adjustments as are provided herein. Voluntary Settlement Agreement Page 9 of 20

24 c. Each payment by the City of such Retailer Revenue Sharing Amount shall be reduced by the amount of Local Retail Sales Tax Revenue that is generated by the operation of any retail businesses that may locate on the property on which the County Retailer was located prior to its relocation to the Falls Development. The amount of the reduction applied to the first payment of Retailer Revenue Sharing Amount shall equal the total amount of Local Retail Sales Tax Revenue received by the County from the Department of Taxation attributable to such retail businesses during the period from the commencement of their operations on such property through the date of the first payment. The amount of the reduction for each subsequent payment shall equal the total amount of such Local Retail Sales Tax Revenue received by the County from the Department of Taxation following the date of the first payment and during subsequent semiannual payment periods, which shall correspond with the semi-annual payment periods established for payment of the Retailer Revenue Sharing Amount as provided in paragraph b. In the event the amount of the Local Retail Sales Tax Revenue generated by any such retail businesses during a payment period should exceed the applicable amount of the Retailer Revenue Sharing Amount, the City shall have no obligation to make any payment during that period, and any such excess Local Retail Sales Tax Revenue shall be applied to reduce the payment of the Retailer Revenue Sharing Amount during the subsequent payment period. Voluntary Settlement Agreement Page 10 of 20

25 d. The City shall receive a credit toward its obligation to compensate the County for its loss of the County Retailer based on the City s payment, if any, to the County of Three Hundred Fifty Thousand Dollars ($350,000.00), pursuant to a separate Settlement Agreement between the City and the County. The credit of $350, paid by the City shall be applied to the first payment of Retailer Revenue Sharing Amount and to succeeding payments to the extent such credit is not fully used Trammell Property. The City and the County shall share Local Revenue generated by operation of any retail business(es) that may locate on the Trammell Property ( Trammell Revenue ) following the Effective Date of this Agreement, as follows: a. For a period of seven years after each such retail business begins operations on the Trammell Property, the County shall pay to the City twenty-five percent (25%) of the Trammell Revenue, and seventy-five percent (75%) of the Trammell Revenue shall remain with the County. b. In the event any such retail business locates in part on the Trammell Property and in part on other property located within the county, the City and the County shall share Local Revenue as provided herein. The City and the County shall share only that proportion of Local Revenue generated by the business equal to the square footage of the portion of the building(s) located on the Trammel Property divided by the total square footage of such building(s). In computing Voluntary Settlement Agreement Page 11 of 20

26 the square footage, only enclosed structures with a roof shall be counted, including the square footage of the space on each floor of any multi-story building. Such amount of local Revenue shall then be multiplied by 25% for the City s share and by 75% for the County s share. The Treasurer of the County shall determine the total amount of Local Revenue generated by any such retail business. An example of this calculation is as follows: if 20,000 square feet of a building lie within the boundaries of the Trammell Property, and 30,000 square feet of the building lie outside the boundaries of the Trammel Property but within Washington County, then the City and the County would share 40% (20,000/50,000) of the Local Revenue generated by such business, and the other 60% would be retained entirely by the County. In that case, if the retail business generated $100,000 of Local Revenue, 40% or $40,000 would be shared, and the County would retain the balance of $60,000. Of the 40% or $40,000 to be shared from such retail business, the County would pay the City an amount equal to 25% thereof, or $10,000, and the County would retain 75% thereof, or $30,000. c. In the event any such retail business locates in part on the Trammell Property and in part on other property located within the City, the City and the County shall share that portion of Local Revenue consisting of Local Retail Sales Tax Revenue as provided herein. The City and the County shall share only that Voluntary Settlement Agreement Page 12 of 20

27 proportion of Local Retail Sales Tax Revenue generated by the business equal to the square footage of the portion of the building(s) located on the Trammell Property divided by the total square footage of such building(s). In computing the square footage, only enclosed structures with a roof shall be counted, including the square footage of the space on each floor of any multi-story building. Such amount of Local Retail Sales Tax Revenue shall then be multiplied by 25% for the City s share and by 75% for the County s share. The Treasurers of the City and the County shall determine the total amount of Local Retail Sales Tax Revenue generated by any such retail business. For local taxes levied on real estate and personal property of any such retail business, only real and personal property taxes imposed by the County, in accordance with subsection f, on that portion of the business located on the Trammell Property shall be shared between the City (25%) and the County (75%). The City would retain all real and personal property taxes imposed by the City on that portion of such business located within the City. An example of this calculation is as follows: If 20,000 square feet of a building lie within the boundaries of the Trammell Property, and 30,000 square feet of the building lie outside the boundaries of the Trammell Property but within the City of Bristol, then the City and the County would share 40% (20,000/50,000) of the Local Retail Sales Tax Revenue generated by such business, and the City would Voluntary Settlement Agreement Page 13 of 20

28 be entitled to receive all of the remaining 60%. In that case, if the retail business generated $100,000 of Local Retail Sales Tax Revenue, 40% or $40,000 would be shared, and the City would be entitled to the balance of $60,000. Of the 40% or $40,000 to be shared from such retail business, the City would be entitled to 25% thereof, or $10,000, and the County would be entitled to 75% thereof, or $30,000. Payments of the Local Retail Sales Tax Revenue from such a retail business shall be made by the City to the County or the County to the City as may be necessary to reflect the sharing of Local Retail Sales Tax Revenue as provided herein. In addition, if the County collected $40,000 in local taxes on the improvements and personal property on that portion of the business located on the Trammell Property, the City would be entitled to 25% or $10,000 thereof, and the County would be entitled to 75% or $30,000 thereof. The City would retain all real and personal property taxes that it collected from that portion of such business located within the City. d. The County shall provide written notice to the City of the date that each retail business begins operations on the Trammell Property. The County shall make fourteen semi-annual payments as to each such retail business on January 10 and July 10, with the first such payment to occur no more than nine months after each such retailer began business on the Trammell Property. Notwithstanding the foregoing, the final payment as described in this subsection Voluntary Settlement Agreement Page 14 of 20

29 shall occur seven years after the last business to locate on the Trammell Property or on the date of termination of this Agreement, whichever occurs first. e. The amount of the Trammell Revenue to be paid to the City shall equal the City s twenty-five percent (25%) share of the Trammell Revenue received by the County from the commencement of operations of each such retail business until the date of the first payment. Thereafter, payments shall consist of the City s share of such Trammell Revenue received by the County following the date of the first payment and within the applicable six-month payment period. f. The Local Revenue to be shared pursuant to Section shall not include any Local Revenue currently generated by the Trammell Property, including real or personal property or any Local Retail Sales Tax Revenue generated by transactions occurring on the Trammell Property. The Local Revenue derived from real property to be shared pursuant to this Section shall be limited to taxes imposed on the assessed value of improvements made on the Trammell Property following the Effective Date of this Agreement and shall not include taxes imposed on any increases in the assessed value of land constituting part of the Trammell Property City-County Retailer Relocation. In addition to revenue sharing as stated above in reference to County Retailer Revenue and Trammell Revenue, for a period of fifteen (15) Voluntary Settlement Agreement Page 15 of 20

30 years after the Effective Date, revenue sharing as described in this subsection shall occur. a. In the event any retail business having annual retail sales of Two Million Dollars ($2,000,000.00) or more relocates from either jurisdiction to the other the City and the County shall share an amount equal to the Local Revenue generated by such relocated retail business on an equal basis (50/50 revenue split). This additional revenue sharing shall not apply to the County Retailer. b. For purposes of this Subsection, the Local Revenue shall consist of all Local Revenue received by the City or the County from such relocated retail businesses during the period from the commencement of operations of any such retail businesses until fifteen (15) years after the Effective Date of this Agreement. c. The County or City shall provide written notice of the date that each retail business relocates from one locality to the other. Revenue sharing payments thereafter shall be made by the City on June 10 and December 10 and by the County on January 10 and July 10, with the first such payment from each locality to occur no more than nine months after each such retailer began business. d. The Local Revenue to be shared pursuant to Section and derived from real property shall be limited to taxes imposed on the assessed value of improvements made by the retail business on the property to which the retail business has located and shall not include taxes imposed on improvements Voluntary Settlement Agreement Page 16 of 20

31 existing prior to the relocation of the retail business or the assessed value of land where the retail business has located Accounting. On request of either party, the County and the City shall provide to the requesting party an accounting of payments made hereunder subject to confidentiality restrictions of Virginia Code section Subsection 2.3. Cooperation in Development of the Trammell Property The City shall issue all permits, approvals and/or determinations necessary for construction of the developer s preferred access to the Trammell Property. City shall cooperate with the developer of such property and/or the County in an effort to resolve any objections or concerns of any state or federal agency involving access to the Trammell Property. Nothing herein shall relieve the Developer or the Parties from complying with standard access management requirements specified in City Code, State Code, or regulations of the Virginia Department of Transportation, as applicable The City agrees, if sought by the County, to request that the BVUA provide sewer service to development on the Trammell Property, provided that such development occurs within fifteen (15) years of the Effective Date. Subsection 2.4 Waiver of Annexation Rights The City agrees that, for a period of one year following the approval of this Agreement by a Special Court, the City hereby waives all rights to seek the annexation of the Trammell Property pursuant to Virginia Code section , et seq. Voluntary Settlement Agreement Page 17 of 20

32 Subsection 2.5. Special Court Approval The City and the County agree that they will take all steps necessary and will submit this Agreement to a Special Court for affirmation and validation and to give it full force and effect, as required by Title 15.2, Chapter 34 of the Code The City and the County agree that if this Agreement is not affirmed, validated and given full force and effect by the Special Court without modification, this Agreement shall terminate immediately. However, the parties may waive termination by written agreement duly certified on behalf of each party hereto either to accept modifications recommended by the Special Court or to accept such other terms mutually agreeable to the parties and approved by the Special Court. SECTION 3. MISCELLANEOUS PROVISIONS Termination. This Agreement shall be subject to the termination provisions stated in Subsection 2.5 regarding Special Court approval. Otherwise, this Agreement and all obligations and benefits hereunder shall terminate fifteen (15) years after the Effective Date, with the exceptions that (i) the obligation to make payments owed from one locality to the other as of such termination date shall survive until paid in full and (ii) the mutual releases and litigation waivers by the County and the City as set forth in Subsection 2.1 shall survive until all bonds, which have issued by the City, the County, or the Industrial Development Authority of the City or the County in connection with the Voluntary Settlement Agreement Page 18 of 20

33 Falls Development or any expansion of the development of regional impact into the County, have been repaid in full or until October 8, 2053, whichever first occurs Binding Effect. This Agreement shall be binding upon and inure to the benefit to the City and the County, and each of the future governing bodies of the City and the County, and upon any successor to either the City or the County Amendments. This Agreement may be amended, modified, or supplemented in whole or in part, by mutual agreement of the City and the County, prior to affirmation by the Special Court, by a written document of equal formality and dignity, duly executed by the authorized representatives of the City and the County Enforceability. This Agreement shall be enforceable only by the Special Court affirming, validating, and giving full force and effect to this Agreement or by a successor Special Court appointed pursuant to Title 15.2, Chapter 30 of the Code, pursuant to a declaratory judgment action initiated by either of the parties hereto to secure the performance of any provisions, covenants, conditions and terms contained in the Agreement or the Order affirming, validating, and giving full force and effect to this Agreement, or to such Agreement as modified by agreement of the parties as set forth in subsection herein Standing. The City and the County agree that each shall and does have standing to enforce any of the provisions, covenants, conditions and terms of this Agreement, notwithstanding either party s waiver of its right to litigation as herein defined. Voluntary Settlement Agreement Page 19 of 20

34 3.1.6 Sovereign Immunity. Nothing herein is intended to or shall be deemed to constitute a waiver of either Party s right of sovereign immunity. CITY OF BRISTOL, VIRGINIA WITNESS the following signatures and seals: By Catherine D. Brillhart Its Mayor As approved by action of the Council of the City of Bristol, Virginia, at its regular meeting on the day of, Approved as to form: Pete Curcio, Attorney for the City ATTEST: Clerk COUNTY OF WASHINGTON, VIRGINIA By Phillip B. McCall, Its Chairperson of the Board of Supervisors As approved by action of the Board of Supervisors of the County of Washington, Virginia, at its regular meeting on the day of, Approved as to form: Lucy E. Phillips, County Attorney ATTEST: Clerk Voluntary Settlement Agreement Page 20 of 20

35 ol ty st u n ri o B C of ton y g it C hi n as W "Trammel Property " for Voluntary Settlement Agreement (approximately 83.5 acres) Exhibit 1 to Voluntary Settlement Agreement -City of Bristol and County of Washington Legend Exits Bristol / Washington County Limits 141-A-58 Buildings Rail Roads Trammel Parcels Parcels 141B B Miles 141B B B B-2-13 y nt u o C tol n s to ri g B n f hi o as ity W C B-2-10 August 28, 2014 Prepared by the Washington County Department of Geographic Information Systems. Document Path: G:\GIS\SpecialReqMaps\Bristol_Revenue_Sharing\MXDs\Map10.mxd

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48 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: October 14, 2014 Department: Bulk Item: Yes No _X Staff Contact: Pete Curcio AGENDA ITEM WORDING: First Reading of an Ordinance to Adopt a Modified Voluntary Settlement Agreement Involving Intergovernmental Issues between the City of Bristol, Virginia, and the County of Washington, Virginia, and Providing for Certain Revenue Sharing and Economic Growth Sharing between the City and the County. ITEM BACKGROUND: After a lengthy process to reach mutual satisfaction regarding revenue sharing for the City of Bristol, Virginia, and the County of Washington, Virginia, this proposed agreement may finalize and end the discontent between the two entities regarding this matter. PREVIOUS RELEVANT ACTION: The document has been made available to the public by both entities as required. Advertisement of the public hearing has been done, also as required, and the public hearing was conducted just prior to this reading. Staff Recommendations: DOCUMENTATION: Included X Not Required MOTION: AGENDA ITEM # Revised 03/10

49 AN ORDINANCE TO ADOPT A MODIFIED SETTLEMENT AGREEMENT INVOLVING INTERGOVERNMENTAL ISSUES BETWEEN THE CITY OF BRISTOL, VIRGINIA, AND THE COUNTY OF WASHINGTON, VIRGINIA, AND PROVIDING FOR CERTAIN REVENUE SHARING AND ECONOMIC GROWTH SHARING BETWEEN THE CITY AND THE COUNTY. WHEREAS, in October 2013, the City of Bristol ( City ) and the County of Washington ( County ) approved a Voluntary Settlement Agreement ( Settlement Agreement ), which constituted a voluntary settlement authorized by Section of the Code of Virginia, and WHEREAS, on March 10, 2014, the City and the County filed the Settlement Agreement with the Commission on Local Government ( Commission ), which conducted a hearing on May 12, 2014, as required by law, and which issued its findings and recommendations in a Report dated July 21, 2014; and WHEREAS, Section of the Code of Virginia requires the City and the County, subsequent to the Commission s review, to approve the original or a modified Settlement Agreement by an ordinance passed by a recorded vote of a majority of the members of each governing body after a duly advertised public hearing on the original or modified Settlement Agreement, and thereafter to petition the Circuit Court of Washington County for an order affirming the original or modified Settlement Agreement and establishing the rights of the localities under the terms of the Settlement Agreement; and WHEREAS, the City and the County negotiated modifications to the Settlement Agreement in accord with recommendations of the Commission, and a copy of the Modified Settlement Agreement is attached as Exhibit A; and

50 WHEREAS, the City and the County now propose to enter into the Modified Settlement Agreement which provides for (i) revenue sharing and economic growth-sharing arrangements, (ii) waiver of certain legal issues between the City and County, (iii) waiver of certain annexation rights. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BRISTOL, VIRGINIA, THAT: 1. The Council, by this Ordinance, approves and adopts the Modified Settlement Agreement and hereby authorizes and directs its Mayor to execute the Modified Settlement Agreement on behalf of the City. 2. The Council hereby authorizes the City Manager, and its legal counsel, to take all action necessary pursuant to Section of the Code of Virginia to obtain a Court order affirming and validating the Modified Settlement Agreement and establishing the rights of each locality as set forth under the terms of the Modified Settlement Agreement. 3. This Ordinance shall be in full force and effect 30 days from the date of its adoption. Approved this day of October, First Reading Second Reading Adopted - 2 -

51 Mayor City Clerk CERTIFICATION The undersigned Clerk of the City of Bristol, Virginia, hereby certifies that the foregoing constitutes a true, correct, and complete copy of an Ordinance adopted by the Council of the City of Bristol, Virginia at a meeting duly called and held on the day of October, 2014, during which a quorum was present and acting throughout, by the vote set forth below, and that such Ordinance has not been repealed, revoked, rescinded or amended: Council Member Present/Absent Vote Catherine D. Brillhart, Mayor Archie H. Hubbard III, Vice Mayor William T. Hartley Guy P. Odum Jim R. Steele WITNESS, my hand and the seal of the City of Bristol, Virginia, this day of October, Clerk of the City of Bristol, Virginia (SEAL) v1-3 -

52 VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE CITY OF BRISTOL, VIRGINIA AND WASHINGTON COUNTY, VIRGINIA, PURSUANT TO VIRGINIA CODE SECTION (November 2014) THIS VOLUNTARY SETTLEMENT AGREEMENT CONCERNING A DEVELOPMENT OF REGIONAL IMPACT AND REVENUE SHARING (November 2014) ( Agreement ) is made and entered into this day of, 2014, and executed in triplicate originals (each executed copy constituting an original) by and between the CITY OF BRISTOL, VIRGINIA ( City ), a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF WASHINGTON, VIRGINIA ( County ), a political subdivision of the Commonwealth of Virginia. RECITALS Whereas, the City and the County mutually desire to enhance retail development opportunities in their respective jurisdictions in response to the State of Tennessee s Border Region Retail Tourism Development District Act; Whereas, in furtherance of that desire, the City pursued legislation, now codified within Virginia Code section , to provide to the City certain state sales tax revenue remittances in connection with a development of regional impact as defined by such Code section; Whereas, the economic impact on the County of the Tennessee Border Region Retail Tourism Development District Act will be similar to the economic impact on the City; Voluntary Settlement Agreement Page 1 of 20

53 Whereas, the City has commenced a shopping center development known as The Falls ( Falls Development ) that constitutes a development of regional impact pursuant to Virginia Code section , in connection with which the City will receive certain state sales tax revenue remittances as provided in such Code section; Whereas, a controversy currently exists between the City and the County as to (i) the validity of Virginia Code section , (ii) the eligibility of the Falls Development to qualify as a development of regional impact, and (iii) the timing of state sales tax revenue remittances to be made pursuant to such Code section; Whereas, the City and the County have determined that it will be in the best interests of their respective jurisdictions and in accord with Virginia Code section to enter into this Agreement that provides, among other terms, for (i) revenue and economic growth sharing, (ii) land use arrangements, and (iii) a waiver of certain legal rights, a provision that the parties deem in their best interest pursuant to Virginia Code section (2); and Whereas, this Agreement will enhance the opportunities for economic growth for both the City and the County and will ensure the continued viability of the City and the County. SECTION 1. DEFINITIONS BVUA means the Bristol Virginia Utilities Authority. City means the City of Bristol, Virginia. Voluntary Settlement Agreement Page 2 of 20

54 Code means the Code of Virginia (1950, as amended). A reference to a specific Code provision shall mean that Code provision as it existed on the Effective Date, or any successor provision should the Code be amended thereafter. Commission means the Commission on Local Government. Comptroller means the Comptroller of the Commonwealth of Virginia. County means the County of Washington, Virginia. County Retailer means the County retail business located in the vicinity of Interstate-81, Exit 7, that has generated annually for the County, over the most recent three years, local retail sales tax revenue of approximately Three Hundred Fifty Thousand Dollars ($350,000.00) and that is currently eligible for economic incentives offered by the City if such retailer relocates to The Falls Shopping Center in the Falls Development. Development means a development of regional impact as such is defined in Virginia Code section (B). Effective Date means the date on which the Special Court enters its order affirming, approving, and validating this Agreement. Local Retail Sales Tax Revenue means the tax revenue received by the City or the County from the local option sales and use tax authorized by Virginia Code sections and Voluntary Settlement Agreement Page 3 of 20

55 606 to provide revenue for the general fund of the City or the County, each of which is one percent (1%) but shall apply as may be amended from time to time. Local Revenue means (i) tax revenue received by a locality from local taxes levied on real estate and all personal property, and (ii) the Local Retail Sales Tax Revenue generated from transactions occurring on designated property. Public Facility shall have the same meaning for such term as defined by Code section Retail business shall mean every person engaged in the business of making sales at retail, or for distribution, use, consumption, or storage to be used or consumed in the Commonwealth, as such term is further defined in Virginia Code section Retailer Revenue Sharing Amount shall mean Three Hundred and Fifty Thousand Dollars ($350,000.00) annually. Section refers to the parts of this Agreement unless the context indicates that the reference is to sections of the Code. Special Court means the Special Three-Judge Court appointed by the Supreme Court of Virginia pursuant to Title 15.2, Chapter 30 of the Code. Subsection refers to the parts of the Agreement set out in the various Sections unless the context indicates that the reference is to subsections of the Code. Voluntary Settlement Agreement Page 4 of 20

56 Trammell Property means the real property owned as of the Effective Date by the Trammell Estate near the intersection of Clear Creek Road and Route 11, consisting of a total of Eighty Three and One-Half (83.5) acres, more or less, in eight (8) tracts of land identified with County tax numbers 141-A-58, 141B-2-13, 141B-2-15, 141B-2-27, 141-B-2-33, 141B-2-37, 141B-2-41, and 141B-A-10. A map depicting the eight tracts of land constituting the Trammell Property is attached as Exhibit 1, which is hereby incorporated to be a part of this Agreement as if it were fully set out herein. Trammell Revenue means a sum equal to the Local Revenue generated by operation of retail business(es) as may be located on the Trammell Property after the Effective Date of this Agreement. SECTION 2. COVENANTS NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions herein contained, the parties do hereby covenant and agree as follows: Subsection 2.1. Mutual Release and Litigation Waiver In consideration of the covenants, agreements, and payment provided for herein, the County releases and discharges the City and its officers, employees, and agents from any and all claims, counterclaims, demands, damages, losses, liability, rights or causes of action of whatsoever kind and nature (collectively, claims ), whether legal or equitable, relating to the Falls Development. The County further waives its right to file suit, Voluntary Settlement Agreement Page 5 of 20

57 including but not limited to any lawsuit against the Comptroller of the Commonwealth of Virginia, based on any and all claims relating to the Falls Development. Such claims shall include but not be limited to any litigation to challenge (i) the validity or constitutionality of Virginia Code section , (ii) the eligibility of the Falls Development to be deemed a development of regional impact and a public facility under Virginia Code section , (iii) the authority of the Comptroller of the Commonwealth of Virginia to remit sales and use tax revenue to the City pursuant to Virginia Code section and the timing of such remittances made by the Comptroller, and (iv) the authorization, execution, issuance, sale and delivery, or validity of any bonds issued by the City or the City s Industrial Development Authority in connection with the Falls Development. However, the County shall not release and discharge the City or its officers, employees, or agents, or waive its right to file suit as to any claims for personal injury or property damage arising out of the construction or operation of the Falls Development Similarly, the City releases and discharges the County and its officers, employees, and agents from any and all claims, counterclaims, demands, damages, losses, liability, rights or causes of action of whatsoever kind and nature (collectively, claims ), whether legal or equitable, relating to the Falls Development and any expansion of such development of regional impact into the County as provided in a separate agreement between the parties dated October 8, 2013, and attached as Exhibit 2. The City further waives its right to file suit, including but not limited to any lawsuit against the Comptroller of the Voluntary Settlement Agreement Page 6 of 20

58 Commonwealth of Virginia, based on any and all claims relating to the Falls Development and any expansion of such development of regional impact into the County as provided in a separate Settlement Agreement between the Parties. See Exhibit 2. Such claims shall include but not be limited to any litigation to challenge (i) the validity or constitutionality of Virginia Code section , (ii) the eligibility of the Falls Development and any expansion of such development of regional impact into the County as provided in a separate Settlement Agreement between the Parties (see, Exhibit 2) to be deemed a development of regional impact and a public facility under Virginia Code section , (iii) the authority of the Comptroller of the Commonwealth of Virginia to remit sales and use tax revenue to the County pursuant to Virginia Code section and the timing of such remittances made by the Comptroller, and (iv) the authorization, execution, issuance, sale and delivery, or validity of any bonds issued by the County or the County s Industrial Development Authority in connection with any expansion of the development of regional impact into the County. However, the City shall not release and discharge the County or its officers, employees, or agents, or waive its right to file suit as to any claims for personal injury or property damage arising out of the construction or operation of any development as may occur in the areas included within any expansion of the City s development of regional impact as provided in a separate Settlement Agreement between the Parties. See, Exhibit 2. Voluntary Settlement Agreement Page 7 of 20

59 2.1.3 Each party covenants to cooperate, assist, and participate in the defense of any litigation brought by third parties as to the Falls Development and/or its expansion into the County against either party, the Industrial Development Authority of the City or County, the Commonwealth of Virginia or any agency thereof, which litigation challenges (i) the validity or constitutionality of Virginia Code section , (ii) the eligibility of the Falls Development and any expansion thereof to be deemed a development of regional impact and a public facility under Virginia Code section , (iii) the authority of the Comptroller of the Commonwealth of Virginia to remit sales and use tax revenue to the County pursuant to Virginia Code section and the timing of such remittances made by the Comptroller, and (iv) the authorization, execution, issuance, sale and delivery, or validity of any bonds issued by the City or the County or the Industrial Development Authority of the City or the County in connection with the Falls Development or any expansion of the development of regional impact into the County. The County shall be relieved of this obligation if efforts by the City and the County to amend Virginia Code section to expand the development of regional impact definition to include land area in the County, pursuant to a separate Settlement Agreement between the Parties (See Exhibit 2), are unsuccessful, but in no event shall the County support any litigation that may be to the detriment of the City Each party may, at its sole discretion, participate in the defense of any litigation brought by any third party concerning the Falls Development or the expansion of such Voluntary Settlement Agreement Page 8 of 20

60 development of regional impact into the County on grounds other than those stated in subsections 2.1.1, 2.1.2, and 2.1.3, but in no event shall either party support any litigation that may be to the detriment of the other party. Subsection 2.2. Revenue Sharing County Retailer Relocation. The City shall compensate the County for its loss of certain tax revenues generated by the County Retailer if such County Retailer relocates to The Falls and ceases its operations in the County, as follows: a. For a period of seven years, the City shall annually pay to the County the sum of Three Hundred and Fifty Thousand Dollars ($350,000.00) ( Retailer Revenue Sharing Amount ). That sum shall be payable at such times and with such adjustments as provided in this subsection. b. The County shall provide written notice to the City of the date that County Retailer closed its business in Washington County. The City shall make fourteen semi-annual payments to the County of the Retailer Revenue Sharing Amount. The first payment shall occur on a date to be set by the City within nine months after County Retailer closed its business in the County. Payments thereafter shall be paid semi-annually on June 10 and December 10. Each semi-annual payment shall be in the amount of $175,000.00, with any such adjustments as are provided herein. Voluntary Settlement Agreement Page 9 of 20

61 c. Each payment by the City of such Retailer Revenue Sharing Amount shall be reduced by the amount of Local Retail Sales Tax Revenue that is generated by the operation of any retail businesses that may locate on the property on which the County Retailer was located prior to its relocation to the Falls Development. The amount of the reduction applied to the first payment of Retailer Revenue Sharing Amount shall equal the total amount of Local Retail Sales Tax Revenue received by the County from the Department of Taxation attributable to such retail businesses during the period from the commencement of their operations on such property through the date of the first payment. The amount of the reduction for each subsequent payment shall equal the total amount of such Local Retail Sales Tax Revenue received by the County from the Department of Taxation following the date of the first payment and during subsequent semiannual payment periods, which shall correspond with the semi-annual payment periods established for payment of the Retailer Revenue Sharing Amount as provided in paragraph b. In the event the amount of the Local Retail Sales Tax Revenue generated by any such retail businesses during a payment period should exceed the applicable amount of the Retailer Revenue Sharing Amount, the City shall have no obligation to make any payment during that period, and any such excess Local Retail Sales Tax Revenue shall be applied to reduce the payment of the Retailer Revenue Sharing Amount during the subsequent payment period. Voluntary Settlement Agreement Page 10 of 20

62 d. The City shall receive a credit toward its obligation to compensate the County for its loss of the County Retailer based on the City s payment, if any, to the County of Three Hundred Fifty Thousand Dollars ($350,000.00), pursuant to a separate Settlement Agreement between the City and the County. The credit of $350, paid by the City shall be applied to the first payment of Retailer Revenue Sharing Amount and to succeeding payments to the extent such credit is not fully used Trammell Property. The City and the County shall share Local Revenue generated by operation of any retail business(es) that may locate on the Trammell Property ( Trammell Revenue ) following the Effective Date of this Agreement, as follows: a. For a period of seven years after each such retail business begins operations on the Trammell Property, the County shall pay to the City twenty-five percent (25%) of the Trammell Revenue, and seventy-five percent (75%) of the Trammell Revenue shall remain with the County. b. In the event any such retail business locates in part on the Trammell Property and in part on other property located within the county, the City and the County shall share Local Revenue as provided herein. The City and the County shall share only that proportion of Local Revenue generated by the business equal to the square footage of the portion of the building(s) located on the Trammel Property divided by the total square footage of such building(s). In computing Voluntary Settlement Agreement Page 11 of 20

63 the square footage, only enclosed structures with a roof shall be counted, including the square footage of the space on each floor of any multi-story building. Such amount of local Revenue shall then be multiplied by 25% for the City s share and by 75% for the County s share. The Treasurer of the County shall determine the total amount of Local Revenue generated by any such retail business. An example of this calculation is as follows: if 20,000 square feet of a building lie within the boundaries of the Trammell Property, and 30,000 square feet of the building lie outside the boundaries of the Trammel Property but within Washington County, then the City and the County would share 40% (20,000/50,000) of the Local Revenue generated by such business, and the other 60% would be retained entirely by the County. In that case, if the retail business generated $100,000 of Local Revenue, 40% or $40,000 would be shared, and the County would retain the balance of $60,000. Of the 40% or $40,000 to be shared from such retail business, the County would pay the City an amount equal to 25% thereof, or $10,000, and the County would retain 75% thereof, or $30,000. c. In the event any such retail business locates in part on the Trammell Property and in part on other property located within the City, the City and the County shall share that portion of Local Revenue consisting of Local Retail Sales Tax Revenue as provided herein. The City and the County shall share only that Voluntary Settlement Agreement Page 12 of 20

64 proportion of Local Retail Sales Tax Revenue generated by the business equal to the square footage of the portion of the building(s) located on the Trammell Property divided by the total square footage of such building(s). In computing the square footage, only enclosed structures with a roof shall be counted, including the square footage of the space on each floor of any multi-story building. Such amount of Local Retail Sales Tax Revenue shall then be multiplied by 25% for the City s share and by 75% for the County s share. The Treasurers of the City and the County shall determine the total amount of Local Retail Sales Tax Revenue generated by any such retail business. For local taxes levied on real estate and personal property of any such retail business, only real and personal property taxes imposed by the County, in accordance with subsection f, on that portion of the business located on the Trammell Property shall be shared between the City (25%) and the County (75%). The City would retain all real and personal property taxes imposed by the City on that portion of such business located within the City. An example of this calculation is as follows: If 20,000 square feet of a building lie within the boundaries of the Trammell Property, and 30,000 square feet of the building lie outside the boundaries of the Trammell Property but within the City of Bristol, then the City and the County would share 40% (20,000/50,000) of the Local Retail Sales Tax Revenue generated by such business, and the City would Voluntary Settlement Agreement Page 13 of 20

65 be entitled to receive all of the remaining 60%. In that case, if the retail business generated $100,000 of Local Retail Sales Tax Revenue, 40% or $40,000 would be shared, and the City would be entitled to the balance of $60,000. Of the 40% or $40,000 to be shared from such retail business, the City would be entitled to 25% thereof, or $10,000, and the County would be entitled to 75% thereof, or $30,000. Payments of the Local Retail Sales Tax Revenue from such a retail business shall be made by the City to the County or the County to the City as may be necessary to reflect the sharing of Local Retail Sales Tax Revenue as provided herein. In addition, if the County collected $40,000 in local taxes on the improvements and personal property on that portion of the business located on the Trammell Property, the City would be entitled to 25% or $10,000 thereof, and the County would be entitled to 75% or $30,000 thereof. The City would retain all real and personal property taxes that it collected from that portion of such business located within the City. d. The County shall provide written notice to the City of the date that each retail business begins operations on the Trammell Property. The County shall make fourteen semi-annual payments as to each such retail business on January 10 and July 10, with the first such payment to occur no more than nine months after each such retailer began business on the Trammell Property. Notwithstanding the foregoing, the final payment as described in this subsection Voluntary Settlement Agreement Page 14 of 20

66 shall occur seven years after the last business to locate on the Trammell Property or on the date of termination of this Agreement, whichever occurs first. e. The amount of the Trammell Revenue to be paid to the City shall equal the City s twenty-five percent (25%) share of the Trammell Revenue received by the County from the commencement of operations of each such retail business until the date of the first payment. Thereafter, payments shall consist of the City s share of such Trammell Revenue received by the County following the date of the first payment and within the applicable six-month payment period. f. The Local Revenue to be shared pursuant to Section shall not include any Local Revenue currently generated by the Trammell Property, including real or personal property or any Local Retail Sales Tax Revenue generated by transactions occurring on the Trammell Property. The Local Revenue derived from real property to be shared pursuant to this Section shall be limited to taxes imposed on the assessed value of improvements made on the Trammell Property following the Effective Date of this Agreement and shall not include taxes imposed on any increases in the assessed value of land constituting part of the Trammell Property City-County Retailer Relocation. In addition to revenue sharing as stated above in reference to County Retailer Revenue and Trammell Revenue, for a period of fifteen (15) Voluntary Settlement Agreement Page 15 of 20

67 years after the Effective Date, revenue sharing as described in this subsection shall occur. a. In the event any retail business having annual retail sales of Two Million Dollars ($2,000,000.00) or more relocates from either jurisdiction to the other the City and the County shall share an amount equal to the Local Revenue generated by such relocated retail business on an equal basis (50/50 revenue split). This additional revenue sharing shall not apply to the County Retailer. b. For purposes of this Subsection, the Local Revenue shall consist of all Local Revenue received by the City or the County from such relocated retail businesses during the period from the commencement of operations of any such retail businesses until fifteen (15) years after the Effective Date of this Agreement. c. The County or City shall provide written notice of the date that each retail business relocates from one locality to the other. Revenue sharing payments thereafter shall be made by the City on June 10 and December 10 and by the County on January 10 and July 10, with the first such payment from each locality to occur no more than nine months after each such retailer began business. d. The Local Revenue to be shared pursuant to Section and derived from real property shall be limited to taxes imposed on the assessed value of improvements made by the retail business on the property to which the retail business has located and shall not include taxes imposed on improvements Voluntary Settlement Agreement Page 16 of 20

68 existing prior to the relocation of the retail business or the assessed value of land where the retail business has located Accounting. On request of either party, the County and the City shall provide to the requesting party an accounting of payments made hereunder subject to confidentiality restrictions of Virginia Code section Subsection 2.3. Cooperation in Development of the Trammell Property The City shall issue all permits, approvals and/or determinations necessary for construction of the developer s preferred access to the Trammell Property. City shall cooperate with the developer of such property and/or the County in an effort to resolve any objections or concerns of any state or federal agency involving access to the Trammell Property. Nothing herein shall relieve the Developer or the Parties from complying with standard access management requirements specified in City Code, State Code, or regulations of the Virginia Department of Transportation, as applicable The City agrees, if sought by the County, to request that the BVUA provide sewer service to development on the Trammell Property, provided that such development occurs within fifteen (15) years of the Effective Date. Subsection 2.4 Waiver of Annexation Rights The City agrees that, for a period of one year following the approval of this Agreement by a Special Court, the City hereby waives all rights to seek the annexation of the Trammell Property pursuant to Virginia Code section , et seq. Voluntary Settlement Agreement Page 17 of 20

69 Subsection 2.5. Special Court Approval The City and the County agree that they will take all steps necessary and will submit this Agreement to a Special Court for affirmation and validation and to give it full force and effect, as required by Title 15.2, Chapter 34 of the Code The City and the County agree that if this Agreement is not affirmed, validated and given full force and effect by the Special Court without modification, this Agreement shall terminate immediately. However, the parties may waive termination by written agreement duly certified on behalf of each party hereto either to accept modifications recommended by the Special Court or to accept such other terms mutually agreeable to the parties and approved by the Special Court. SECTION 3. MISCELLANEOUS PROVISIONS Termination. This Agreement shall be subject to the termination provisions stated in Subsection 2.5 regarding Special Court approval. Otherwise, this Agreement and all obligations and benefits hereunder shall terminate fifteen (15) years after the Effective Date, with the exceptions that (i) the obligation to make payments owed from one locality to the other as of such termination date shall survive until paid in full and (ii) the mutual releases and litigation waivers by the County and the City as set forth in Subsection 2.1 shall survive until all bonds, which have issued by the City, the County, or the Industrial Development Authority of the City or the County in connection with the Voluntary Settlement Agreement Page 18 of 20

70 Falls Development or any expansion of the development of regional impact into the County, have been repaid in full or until October 8, 2053, whichever first occurs Binding Effect. This Agreement shall be binding upon and inure to the benefit to the City and the County, and each of the future governing bodies of the City and the County, and upon any successor to either the City or the County Amendments. This Agreement may be amended, modified, or supplemented in whole or in part, by mutual agreement of the City and the County, prior to affirmation by the Special Court, by a written document of equal formality and dignity, duly executed by the authorized representatives of the City and the County Enforceability. This Agreement shall be enforceable only by the Special Court affirming, validating, and giving full force and effect to this Agreement or by a successor Special Court appointed pursuant to Title 15.2, Chapter 30 of the Code, pursuant to a declaratory judgment action initiated by either of the parties hereto to secure the performance of any provisions, covenants, conditions and terms contained in the Agreement or the Order affirming, validating, and giving full force and effect to this Agreement, or to such Agreement as modified by agreement of the parties as set forth in subsection herein Standing. The City and the County agree that each shall and does have standing to enforce any of the provisions, covenants, conditions and terms of this Agreement, notwithstanding either party s waiver of its right to litigation as herein defined. Voluntary Settlement Agreement Page 19 of 20

71 3.1.6 Sovereign Immunity. Nothing herein is intended to or shall be deemed to constitute a waiver of either Party s right of sovereign immunity. CITY OF BRISTOL, VIRGINIA WITNESS the following signatures and seals: By Catherine D. Brillhart Its Mayor As approved by action of the Council of the City of Bristol, Virginia, at its regular meeting on the day of, Approved as to form: Pete Curcio, Attorney for the City ATTEST: Clerk COUNTY OF WASHINGTON, VIRGINIA By Phillip B. McCall, Its Chairperson of the Board of Supervisors As approved by action of the Board of Supervisors of the County of Washington, Virginia, at its regular meeting on the day of, Approved as to form: Lucy E. Phillips, County Attorney ATTEST: Clerk Voluntary Settlement Agreement Page 20 of 20

72 ol ty st u n ri o B C of ton y g it C hi n as W "Trammel Property " for Voluntary Settlement Agreement (approximately 83.5 acres) Exhibit 1 to Voluntary Settlement Agreement -City of Bristol and County of Washington Legend Exits Bristol / Washington County Limits 141-A-58 Buildings Rail Roads Trammel Parcels Parcels 141B B Miles 141B B B B-2-13 y nt u o C tol n s to ri g B n f hi o as ity W C B-2-10 August 28, 2014 Prepared by the Washington County Department of Geographic Information Systems. Document Path: G:\GIS\SpecialReqMaps\Bristol_Revenue_Sharing\MXDs\Map10.mxd

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85 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: October 14, 2014 Department: Bristol Virginia Public Schools Bulk Item: Yes No _X Staff Contact: AGENDA ITEM WORDING: Presentation Regarding Bristol, Virginia, Public Schools. ITEM BACKGROUND: This month, the presentation shall include the accreditation report for Bristol Virginia Public Schools. PREVIOUS RELEVANT ACTION: None. Staff Recommendations: DOCUMENTATION: Included Not Required X MOTION: AGENDA ITEM # Revised 03/10

86 External Review Exit Report Bristol Virginia Public Schools September 28 October 1, 2014

87 AdvancED is the global leader in providing continuous improvement and accreditation services to over 32,000 institutions serving 20 million students worldwide AdvancED

88 Accreditation An international protocol for institutions committed to systemic, systematic and sustainable improvement Builds capacity of the system and its schools to increase and sustain student learning Stimulates and improves effectiveness and efficiency throughout the system 2014 AdvancED

89 External Review A diagnostic process to stimulate and guide continuous improvement with a focus on: Impact of teaching and learning Capacity of leadership Use of resources 2014 AdvancED

90 External Review Professional judgment by the External Review Team results in: Powerful Practices Opportunities for Improvement Improvement Priority Index of Education Quality Accreditation Recommendation 2014 AdvancED

91 Stakeholders Stakeholder Interviewed Number Superintendent 1 Assistant Superintendent 1 School Board Members 3 Principals/Assistant Principals 9 Students 31 Parents 7 Teachers/Counselors/Media Specialist/Instructional Coaches 59 Total AdvancED

92 Domain Teaching and Learning Impact The External Review Team examined: Student performance results Instructional quality Learner and family engagement Support services for student learning Curriculum quality and efficacy College and career readiness data 2014 AdvancED

93 Powerful Practices The division and all of its schools are proactive in fostering a nurturing culture consistent with the system's purpose and direction of One student at a time. The division and schools engage families in meaningful ways in their child's education as well as monitoring and communicating information about student learning and performance AdvancED

94 Opportunities for Improvement Review the assessment and data analysis practices to guide continuous improvement AdvancED

95 Improvement Priorities Implement a system-wide training of all professional and support staff in the interpretation and use of data. Develop and implement a comprehensive professional development plan that includes substantive and systematic professional development and mentoring for all staff linked to school improvement plans AdvancED

96 eleot Domains Bristol AEN 1 Equitable Learning Environment High Expectations Environment Supportive Learning Environment Active Learning Environment Progress Monitoring and Feedback Environment Well-Managed Learning Environment Digital Learning Environment AdvancED 11

97 Domain Leadership Capacity The External Review Team examined: Institutional purpose and direction Governance and leadership effectiveness Stakeholder engagement Improvement capacity Results 2014 AdvancED

98 Powerful Practices The division and all of its schools are proactive in fostering a nurturing culture consistent with the system's purpose and direction of One student at a time. The governing body has a cohesive relationship that ensures its decisions and actions strengthen the effectiveness of system operations and student learning AdvancED

99 Opportunities for Improvement Construct and incorporate a systematic process for reviewing and reflecting on the division s purpose, direction, and belief statements and ensure that each school engages in the same comprehensive review process involving all stakeholder groups. Design and implement a continuous improvement process that is collaboratively developed and provides clear direction for the consolidation of all goals within division and school plans AdvancED

100 Domain Resource Utilization The External Review Team examined: Allocation and use of resources Equity of resource distribution to need Level and sustainability of resources Long range capital and resource planning effectiveness 2014 AdvancED

101 Opportunities for Improvement Develop, implement, and maintain an evaluation system that will assist with the effectiveness of the school and division support systems to meet the physical, social, and emotional needs of the student population being served AdvancED

102 Conclusions Index of Education Quality (IEQ ) Impact of teaching and learning on student performance Capacity of leadership to guide and ensure effectiveness in carrying out strategic direction of institution Utilization of resources to meet diverse needs of students and institution Use as a tool for formative analysis and continuous improvement Connection for the conditions, processes, and practices to evidence including student performance 2014 AdvancED

103 IEQ Results External Review IEQ Score AE Network Average Overall Score Teaching and Learning Impact Leadership Capacity Resource Utilization AdvancED

104 IEQ Results The IEQ results indicate that the school system is performing within acceptable ranges as compared to expected criteria as well as other institutions in the AdvancED network AdvancED

105 Recommendation The External Review Team recommends to the AdvancED Accreditation Commission that the Bristol Virginia Public Schools earn the distinction of accreditation by AdvancED for a five-year term that expires June 30, AdvancED

106 Continuous Improvement Improvement Priorities must be addressed within two years Beginning of a journey of improvement Deliberate and strategic actions to ensure that every child, every day is being prepared and achieving success for their future 2014 AdvancED

107 Final Thoughts The External Review Team: Appreciates your hospitality, support and professionalism. Respects and acknowledges the efforts to improve the quality of your institution. Congratulates your system and community on completing the requirements for AdvancED School System Accreditation AdvancED

108 2014 AdvancED Create a world of opportunities for every learner

109 Find Us AdvancED