county commission-regularsession of john crawford, which he publicly announced at the commission...

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COUNTY COMMISSION-REGULAR SESSION JANUARY 17, 2017 BE IT REMEMBERED THAT: COUNTY COMMISSION MET PURSUANT TO ADJOURNMENT IN REGULAR SESSION OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS THIS TUESDAY MORNING, JANUARY 17, 2017, 9:00 A.M. IN BLOUNTVILLE, TENNESSEE. PRESENT AND PRESIDING WAS HONORABLE RICHARD VENABLE, COUNTY CHAIRMAN, JEANIE GAMMON, COUNTY CLERK OF SAID BOARD OF COMMISSIONERS, TO WIT: The Commission was called to order by County Chairman Richard Venable. Chief Deputy Sheriff Lisa Christian opened the commission and Comm. Matthew Johnson gave the invocation. The pledge to the flag was led by Chief Deputy Sheriff Lisa Christian. COMMISSIONERS PRESENT AND ANSWERING ROLL WERE AS FOLLOWS: MARK BOWERY DARLENE CALTON MICHAEL B COLE JOHN GARDNER SHERRY GREENE GRUBB ANDY HARE TERRY HARKLEROAD JOE HERRON BAXTER HOOD MATTHEW JOHNSON BILL MLGORE MT MCGLOTHLIN RANDY MORRELL BOB NEAL BOBBY RUSSELL CHERYL RUSSELL PATRICK SHULL ANGIE STANLEY MARK VANCE BOB WHITE EDDIE WILLIAMS 21 PRESENT 2 ABSENT 1 VACANT SEAT (ABSENT-HARR, HOUSER) The following pages indicates the action taken by the Commission on re-zoning requests, approval of notary applications and personal surety bonds, motions, resolutions and other matters subject to the approval of the Board of Commissioners. Motion was made by Comm. Morrell and seconded by Comm. Bowery to approve the minutes of the December 12, 2016 Regular Session. Said motion was approved by voice vote.

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COUNTY COMMISSION-REGULARSESSION

JANUARY 17, 2017

BE IT REMEMBEREDTHAT:

COUNTY COMMISSIONMET PURSUANTTO ADJOURNMENTINREGULARSESSIONOF THE SULLIVAN COUNTY BOARD OFCOMMISSIONERSTHIS TUESDAY MORNING, JANUARY 17, 2017,9:00 A.M. INBLOUNTVILLE, TENNESSEE.PRESENTAND PRESIDINGWAS HONORABLERICHARD VENABLE, COUNTY CHAIRMAN, JEANIE GAMMON, COUNTYCLERK OF SAID BOARD OF COMMISSIONERS,

TO WIT:

TheCommissionwascalledto order by CountyChairmanRichardVenable. ChiefDeputySheriffLisa Christian openedthecommissionandComm.MatthewJohnsongavetheinvocation.Thepledgeto theflagwasled by ChiefDeputySheriffLisaChristian.

COMMISSIONERS PRESENT AND ANSWERINGROLL WEREAS FOLLOWS:

MARK BOWERY DARLENE CALTONMICHAEL B COLEJOHNGARDNER SHERRYGREENEGRUBBANDY HARE TERRY HARKLEROAD

JOEHERRONBAXTER HOODMATTHEW JOHNSON BILL MLGOREMT MCGLOTHLIN RANDY MORRELLBOB NEAL BOBBY RUSSELLCHERYL RUSSELL PATRICK SHULLANGIE STANLEY MARK VANCEBOB WHITE EDDIE WILLIAMS

21 PRESENT 2 ABSENT 1 VACANT SEAT (ABSENT-HARR,HOUSER)Thefollowing pagesindicatestheactiontakenby theCommissionon re-zoningrequests,approvalof notaryapplicationsand personalsuretybonds,motions,resolutionsandothermatterssubjectto theapprovalof theBoardofCommissioners.

Motion wasmadeby Comm.Morrell and secondedby Comm.Bowery to approvethe minutesof the December12, 2016 RegularSession. Said motion wasapprovedby voicevote.

Agenda subject voting reportConference Name Sullivan County Commission January 17 2017 -

Roll Call by Jeanie Gammon, County ClerkAttendanceRoil Call

Long description

Chairman

iotavoting start time

voting stop timeVoting ConfigurationVoting modeVote Result

Venable, Richard

9:05:09 AM9:05:36 AMRoll Call - Attendances

Open

Present 20Total Present

Total Seats20

Group Voting Result

Individual Voting ResultNameBowery, Mark pCafton, Darlene 0Cole, Michael 0Crawford, John 0Gardner, John pGrubb, Sherry 0Hare, Andy 0Harkieroad, Terry pHarr, Mack 0Herron, Joe pHood, Baxter pHouser, Dennis PJohnson, Matthew pKilgore, Bill pMcGlothlin, Kit pMorrell, Randy 0Neal, Bob pRussell, Bobby 0Russell, Cheryl 0Shull, Patrick pStanley, Angie 0Vance, Mark 0White, Roberto

[Williams, Eddie p

2111712017

GroupNo group

Yes Absent

Total Results 20

Prints: 111712017 9:05:38 AMPage 1 of I

SullivanCounty

BLOUTh~ TENNESSEE ____ TennesseeCourthouse—Bristol376t7 kt\ ~ )7J CityHall—Kingsport

Kingsport 224-1790

JeanieF. GammonCounty Clerk

Phone 323-6428

DATE: NOVEMBER 14, 2016

TO: SULLIVAN COUNTY COMMISSIONERS

RE: APPPOINTMENT OF COUNTY COMMISSIONER

This is to notify you that there is a vacancy in District Ten of Sullivan County, Tennessee due to theresignation of John Crawford, which he publicly announced at the Commission meeting on November14, 2016 to be effective November 15, 2016.

This is to further notify you that in accordance with T.C.A. Section 5-1-104(b), the county legislative bodyshall fill the vacancy within one hundred twenty (120) days of receiving notice of the vacancy.

This notice is given in accordance with T.C.A. Section 5-5-111, which requires (10) days notice, prior tothis date.

L~ ~~vy~\eanie Gammon

County Clerk

cc: Mayor Richard Venable

County Attorney Dan Street

rIs’GSPSiRI TtSSE SUE

~News~Pavor Account1 066452

Payor Address3411 HWY 126. SUITE 208BLOUNTVILLE TN 37617 USA

Ordered ByCustomer Phone Payor Phone

Order Source 423-323-6417 423-323-6417

Customer EMail

Order Confirmation

Ad Order Number

0001336107

Sales ReD.sedwa rds

Order Taker

sedwards

Customer Payor CustomerSULLIVAN COUNTY MAYORS OFFICESULLIVAN COUNTY MAYORS OFFIcE

Customer Account1068452

Customer Address3411 HWY 126, SUITE 206BLOUNTVILLE TN 37617 USA

P0 Number Customer Fax

SULLIVAN COUNTY, TNVACANCY

Per TN Code Annotated this pub-lic notice is given that a vacancyhas occurred on the SullivanCounty Board of Commission-ers. Said Board will meet in Reg-ular Session at 9:00 am. onMonday, December 12, 2016 inthe Commission Room, SullivanCounty Courthouse, 3411 Hwy126, Blountviile, Tennessee toconsider filling the unexpiredterm of County Commissioner inthe 10th Commission District.This election is open to all citi-zens as candidates except thoseas prohibited by the Constitutionor laws 01 the State.

PUB1T: 12/01/16Tear Sheets

0Proofs

0Affidavits

1Payment Method

Invoice Text:

Blind Box Materials ColorcNQNE>

Net AmQunt

$54.04Tax Amount

$0.00Total Amount

$54.04Payment Amt

$0.00Amount Due

$54.04

Ad Number

0001 338107-01Ad Tvoe

XLegal LinerAd Size

1.0 X 28 LiPick (Jo Number

0001330427

External Ad # Ad Attributes

Run Dates 12/1/2016

11/30/2016 2:40:08PM 1

Tn-Cities/Southwest VirginiaRegional Group

Account Number2159285

Advertising AffidavitP.O Box 609

Bristol, VA 24203(276)669-2181

J Data

December 03, 2016

SULLIVAN CO EXEC OFFICES3411 H’tW 126 STE 206BLOUNTVILLE, TN 37617

DateI Categoy I12/05/2016 Legal Notices SULLIVAN COUNTY, TENNESSEE VACANCY Board of Counl

Ad S~e Total Cost

123.10

Desciption

1 x21 L

Publisher of theSULLIVAN COUt~~tENNESSEE

VACANCYBoard ofCounty Coumtsloners

Per TN Code Annotated this publicnotice Is given that a vacancy hasoccurred on the Sullivan CountyBoard of Commissioners. SaidBoard wilt meet in Regular SessionattOoajr,. on Monday, December12, 2016 in tIleCommtssIon Room,Sullivan CountyCourthouse, 3411Hwy 126~Blountvllie. Tennessee toConsider tilling the unexpired termof County CommissIoner in thelath Commission Dlstnct. ThIs elec-tion is open to all citizens as candi-dates exceptthose as prohibitedby the Constitution or laws of theState.

Bristol Herald Courier

Commonwealth

This is to certify that the attached SULLIVAN COUNTY, TENNESSEwas published.in the Bristol Herald Courier in the

12/03/2016

The First insertion being given 12103/2016

Newspaper reference: 0000441476

Sworn to and subscribed before me this

LA. ~ 5-

NofrAry Accounting Clerk

State of VirginiaMy commission expires

F

THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU

Sullivan CountyBoardofCountyCommissioners

236~~AnnualSession

IN RE: Sullivan CountyCommission

Vacancyin District 10

OrderAppointing Commissionerto Fill Remainderof Term

WHEREAS, avacancyhasoccurredin theoffice of Commissionerin the 10th District duetothe resignationofJohnCrawford;and

WHEREAS, in accordancewith T.C.A. Section5, the County Legislative Body has theauthorityto fill theunexpiredtermuntil thenextgeneralelection;and

WHEREAS, thenomineemeetsall requirementsto fulfill the positionasoutlined in T.C.A.Section5; and

WHEREAS, Bill Mi 1 gore , a member of the Sullivan CountyBoard of Commissionersmadethe nominationfor saidcandidateto fill the remainderof thetermin District 10.

NOW THEREFOREBE IT ORDERED, ADJUDGED AND DECREEDpursuantto TC.A.Section5 theSullivan County Boardof Commissionersherebyapprovestheappointmentof

Name: Tarry Crawford

Address:________________________________

Term: to servethroughAugust31, 2018or until thenextelection.

Approved~t4A*i it. lhm.J�14RichardS. Venable,Sullivan CountyMayor

Saidorderconfirmedandenteredintothe recordoftheSullivanCountyBoardof Commissionersthis

17th dayof January ,20 17

~&y~r~anmvrr—e ie Gammon,SullWan‘County Clerk

OATH OF OFFICE

COUNTY COMMISSIONER

LJ~!rj c~~Ic~A,Do SOLEMNLY SWEAR THAT I

WILL PERFORMWITH FIDELITY THE DUTIES OF THE OFFICETO WHICH

I HAVE BEEN ELECTEDAND WHICH JAM ABOUT TO ASSUME. I DO

SOLEMNLY SWEAR TO SUPPORTTHE CONSTITUTIONSOF TENNESSEEAND

THE UNITED STATESAND TO FAITHFULLY PERFORMTHE DUTIESOF THE

OFFICEOF COUNTY COMMISSIONER.

~~INE

REPRESENTINGTHE -‘94- DISTRICT OF SULLIVAN COUNTY.

Filedthis / / dayof

J_L_ DAY OFSU~ AND SWORNTOBEFOREMt THIS

~O/7

SULLIVAN COUNTY BOARD OF COMMISSIONERSPUBLIC COMMENT

January 17, 2017

PLEASE PRINT

Name Street Address

SULLIVAN COUNTY CLERK

.3EANIE GAMMON COUNTY CLERK

3258 HIGHWAY 126 SUITE 101BLOUNTVILLE TN 37617

423—323—6428

423—279—2725

Notaries to be elected January 17,2017

WESLEY DUANE ACKLIN IIBRITTANY ALIFFKATHY E ARNOLDTINA MARIE AUSTINGARY WAYNE BLEDSOEROBIN DENISE BOLLINGPAIGE LEE BUCKLESZONAL. DENETTELEANNE E ELAMCARAM. FINKANGIE FLEENORKAREN J FOXKAREN D HAYNIEPENNY S HOLLEYRETHA HUMPHREYWAYNE HUMPHREYCARMEN LEIGH JOHNSONVERONICA GEANETTE JONESDANIELLE A JONESSHARON E. KEGLEYKRISTEN R. MARSHALLSARAH E. MAXFIELD-WILSONHUNTER CHEYENNE MILHORNMICHELLE LYNN MINOR

WILLIAM D MONEYHUNGARY MUNTSHEILA DIANNE MURRAYCHESTALENE B MYERSMICHELLE ANN POWERSLISA ANN RICELINDA C ROCHESTERTRICIA MCCLURE SALEKRISTY L SAWYERH LYNN SHOEMTAMMIE SLUSSC. BRAD SPROLESDIANE OSBORNE STAUBUSCRYSTAL STEFFEYJEANNETTE DIANE STEWARTTERESA ANN THOMPSONROCHELLE D. TRENTALICIA R. TRIVETTSUSIE DENICE VAUGHNCRYSTAL G. WEAVERJARED ANDREW WILLIAMSC. EDWIN WILLIAMS

PERSONAL SURETYTINA MARIE AUSTIN1000010000.00STATEFARM INSURANCEGILLEY, MCCREADY INS, INC$10,000.00STATE FARM-KRISTY SAWYERKINGSPORT DEVELOPMENTCOMPANY

UPON MUTTON MADE BY COMM. BOWERY AND SECONDED BY COMM. WHITE TOAPPROVE THENOTARY APPLICATIONS HEREON, SAID MOTION WAS APPROVED BY ROLLCALL VOTE OF TI-fE COMMISSION. 20 AYE, 3 ABSENT

TelephoneFax

STATE OF TENNESSEECOUNTY OF SULLIVAN

APPROVAL OF NOTARYSURETY BONDS

January 17,2016

Nameof Notary PersonalSurety PersonalSuretyBrenda Bowers Kenny Morrell GeorgeT. BarnettMichele L. Fleenor Randy Kennedy RebeccaJ. MyersJessicaT. Goad Earl K. Wilson StevenW. MorganRobert K. Harris Jane M. Harris Timothy J. LaneL. Baxter Hood Jeffrey G. Mull Carolyn V. MullStephanieJamie-Lynn Ketron Jeff Taylor Stanford ThomasMullinsMartha Ann Mullins Stanford Thomas Mullins Jeffery TaylorHeatherN. Pugh Ladonna DeCaterina Monika A. HambyRandi Searcy StephanieSnelsonGuinn Eddie BoilingTeenaM. Smith W. Derek Malcolm Gary it Malcolm

UPON MOTION MADE BY COMM. BOWERY AND SECONDED BY COMM. WHITE TOAPPROVE THE NOTARY BONDS OF THE ABOVE NAMED INDIVIDUALS, SAID MOTION WASAPPROVED BY ROLL CALL VOTE OF THE COMMISSION. 20 AYE, 3 ABSENT

Agenda subject voting report

ConferenceName Sullivan County Commission January 172017 1/17/2017

6 Approval of Notary PublicsVote

Long descriptionChairman Venable, Richard

Total Vote ResultVoting start time 9:55:11 AMVoting stop time 9:55:43 AMVoting Configuration Roll Call - AttendancesVoting mode OpenVote Result

Present 20Total Present 20

Total Seats - ).cg

Group Voting Result

Group - -- -:-- -: -- - Yes AbsentNo group 20 .-ø 3

Total Results 20

Individual Voting ResultName Yes AbsentBowery, Mark () xCalton, Darlene 0 XCole, Michael p XCrawford, John 0Gardner, John p XGrubb,Sherryp XHare, Andy p X1-larkieroad, Terry p XHarr, Mack pHerron, Joe p XHood, Baxter pHouser, Dennis pJohnson, Matthew p XKilgore, Bill p X

McGlothlin, Kit p XMorrell, Randy 0 XNeal, Bob p xRussell, Bobby (,) XRussell, Cheryl p - XShull, Patrick p XStanley, Angie p XVance, Mark P XWhite, RobertO XWilliams, Eddie p X

Printed: 1/17/2017 9:55:43 AM Page I of I

PUBLIC NOTICESULLIVAN COUNTY BOARD OF COUNTY COMMISSIONERS

REZONING PUBLIC HEARINGJanuary 17, 2017

The Sullivan County Board of County Commissioners will hold a public hearing on Tuesday, January 17, 2017 at 9:00am,in the Sullivan County Courthouse, Blountviile, TN to consider the following rezoning requests:

Hal & Mary Almaroad:Rezoning request for Lot 2 of the Almaroad Property at 128 Almaroad Lane, Blountville, from A-i/General Agricultural to B-3/General Business for purposes of selling the land. Being part of Tax MapO 66/Parcel 100.00 within the 5th Civil District.,(Bristol Urban Growth Boundary — Bristol Staff In Favor, Bristol Regional Planning Commission voted unanimously In favor)

I & L Investments, LLC: / IRezoning request of 15+ acres off of Hwy 394 adjoining Interstate 81 at Exit #69, Biountville, from A-i/General Agriculturalto PBD/SC — Planned Business~istdctiShoppingCenter. Being located within the 5th Civil District of Tax Map 050/Parcel032.00.(Sullivan County Planned Growth Area — County PlannIng & Codes Director In favor, County PC voted unanimously In favor)

Gouge, Little & Associates, OP:Rezoning request for a 15+ acre farm off of Allison Road, Piney Flats from A-i/General Agricultural to R-1/Single FamilyResidential and R-3B for single-family/higher density development. Being located within the 9th Civil District of Tax Map124/Parcel 021.30.

(Sullivan County Rural Area — County Planning & Codes Director In favor, County PC voted unanImously In favor)

Rodney Hurd:Rezoning request for 4781 Hwy 11W, Blountville from R-1/Single Family Residential to B-3/General Business for futuredevelopment. Being located within the 9th Civil District of Tax Map 033G/Group AJParceI 067.00.

(Sullivan County Rural Area — County Planning & Codes Director in favor, County PC voted unanimously in favor)

* There was no one present at the Planning Commission public meetings who spoke against the above rezoning requests.Staff did not receive any calls or complaints expressing opposition to any of the cases as well. Letters were sent to alladjoining property owners as well as a public notice in the Kingsport Times News and rezoning signs placed at public rights-of-way at each site, The public is cordially invited to attend this public hearing and comment upon any rezoning request.

PETIT ON TO SULtJIYAN COUNTY FORREZO~NV~C

A ro~i~~rtsor re700ing is madeby the r:~rsonnamedbe1ow~said rc.i~uest go bLHr”Bristo~ Regieri:.ii Planning Cümrn~ssionicr rueomrnendation t~ the Sullivan County Foci’’ ofCorn miss ic ners,

Property Owner: Hal & Mary AlmaroadMeeting Date 12/19/2016 Time 6:00PM

Place 1048

th Street, EasleyAnnexBuilding, Bristol Planning Commission

Planning Commission Approved _____

~ Denied _______

County Commission

~

Other Roll Call 21 Aye, 2 Absent

Final Action Date 01—17— 17

The undersigned, being duly sworn, hereby acknowledges that the information provided inthis petition to Sullivan County for Rezoning is true and correct to the best Qf my information,knowledge and belief a

SWORNTO AND SUBSCRIBE])before tue thi~~~day oSc~Lr , _____

Address; 128 Almaroad LaneBlountviile, TN 37617

OFFiCEUSEONLY

Phone423-323-1189Date of Request 10/2512016

Property Located in 5~~Civi1District

,~c7

Approved XDenied

Tax Map No. 066

PROPERTYIDENTIFICATION

Zoning Map 12

Group

Property Location:

Zoning District A-i

Purpose of Rezoning:

Parcel 100.00

Proposed District ~

128 Almaroad Ln- Lot # 2 portion of parcel proposed rezoning only. See plat

“Re-zone to General Business Service District with plans to sell property.”

My Commission Expires: P

/ -7

H’

Agenda subject voting report

Conference Name Sullivan County Commission January 17 2017 1/17/2017

8 Application # 1: Public HearingZoning Vote

Long description Hal & Mary Almaroad

Chairman Venable, Richard

Total vote ResultVoting start time 9:59:37 AMVoting stop time 9:59:53 AMVoting Configuration Zoning VoteVoting mode OpenVote Result

Yes 21Absta in oNo 0Total Present 21

Group Voting Result

Group Yes Abstain No AbsentNo group 21

Total Results 2100

00

—e~6(

Individual Voting ResultNameBowery, Mark 0Calton, Darlene 0Cole, Michael 0C~vfurii Jthrn-Q-’.

Gardner, John 0Grubb, Sherry pHare, Andy pHarkleroad, Terry 0Harr, Mack pHerron, Joe 0Hood, Baxter UHouser, Dennis pJohnson, Matthew pKilgore, Bill 0McGlothlin, Kit pMorrell, Randy 0Neal, Bob pRussell, Bobby pRussell, Cheryl pShull, Patrick pStanley, Angie pVance, Mark pWhite, Robert pWilliams, Eddie P

Printed: 111712017 9:59:53 AM Page 1 of 1

A request for rezoning is made by the person named below; said request to go before theSullivan County Regional Planning Commission for recommendation to the Sullivan County Boardof Commissioners.

PropertyOwner: I & L InvestmentsLLC

3010 NIngram Dr.Springfield MO. 65803

Phone 423-282-1006 Date of Request 10/24/2016

PropertyLocated in Stivil District

~os /L4V ‘Signatun4 of Apfrllcant

je*~ f4~s Pc.

ITax Map No. Q~f~ Group

OFFICE USEONLY

Meeting Date 12/20/2016 Time 6:00 pm

Place Blountvifte Court House

IPlanning C mmissionApproved V

Denied_____

CountyCommissionApproved y

Denied ______

Other Roll Call 20 Aye, 1 Pass,

Final Action DateZ Absent

01-17—17

I Parcel 032.00

Zoning District ~j ProposedDistrict PHD/SC

Hwy394 north of Fire Works Store

ForCoinmericalDevelopment

//before tuethis _____ day of ~ ZO/~

SA~ ~-‘

PETITION TO SULL WAN COUNTY FOR REZONINGP

Address:

I

PROPERTY IDENTIFICATION

Zoning Map ~

,Property Location:

Purpose of Rezoning:

The undersigned, being duly sworn, hereby acknowledges that the information provided inthis petE in County for Rezoning is true and correct to the best of my information,

L41 &tkr

My Commission Expires: /4 2,/9C, NotaryPublic

I,

Conference Name

9 Application #2: Public HearingZoning Vote

Long description

Chairman

Total Vote ResultVoting start timeVoting stop timeVoting ConfigurationVoting modeVote Result

I & L Investments

Venable, Richard

10:02:22 AM10:02:42 AMZoning Vote

Open

Yes 20Abstain 1No 0Total Present 21

Group Voting Result

Printed: 1/17/2017 10:02:43AM Page 1 of 1

Agenda subject Voting report

Sullivan County Commission January 172017 1/1 7/201 7

Group - ~- VS Abstain No. AbsentNo group 20 1 0

Total Results 20 1 0 .r~

Individual Voting Result

NameBowery, Mark pCalton, Darlene pCole, Michael p

Gardner, John pGrubb, Sherry pHare, Andy 0Harkleroad, Terry PHarr, Mack ~

Herron, Joe pHood, Baxter pHouser, Dennis pJohnson, Matthew pKilgore, Bill pMcGlothlin, Kit pMorrell, Randy pNeal, Bob pRussell, Bobby PRussell, Cheryl pShull, Patrick ()Stanley, Angie pVance, Mark PWhite, Robert ()Williams, Eddie P

~~TYflONTO SULLIVAN COUNTY FORREZtThING

A ecuxestfor rezaningis madeby the personnamedbe1ovy~saidrequestt~~obefore theSii~anComity RegionalPlanningCommissionfor recowmendahcnto the Su~lvnnCountyBoardof ComzrHssioners.

Property Located in ~,CiviI District

- Ya3- ~‘-/t~~,23 70

SijnatureofApplicant

TaxMapNo. 124 / Group / Parcel 02130

ZoningMap 26 ZoningDistrict A-iproposed patio homes / R-1 proposed concept plan Iar~e lots)

Property Location: Allison Road

Proposed District it-3D Lots 1-21 as

Purposeof Rezoning: “Rezoneforplansfor newsubdivisionlAllison MeadowsL”

Theundersigned,beingduly sworn, hereby acknowledges that the information provided inthis petition to Sullivan County for Rezoning is true and correct to the best of my information,knowledge and belief.

PropertyOwner Q~jj~~&AssociatesG

Address: 327Laurel CanyonJohnsonCity, TN 37615

Phone 423-747-2370 Date of Request 10/27/2016

~o~7 21’~k~o)~_ ~2otf,c

OFFICEUSE ONLY

MeetingDate12/20/2016Time6:00PM

PlaceBlouutville Courthouse2

IId floor

‘-9Planning Commission Approved ______

Denied _________

County Commission Approved X- i- fl Denied _____

~ ~4’h: —____

Other 21 Aye, 2 Absent

(At!

Final Action Date 01—17—17

PROPERTY IDENTIFICATION

7SWORNTO AND SUBSCRIBEDbeforeme thiS~7’27’~

My CommissionExpires:

Agenda subject voting report

Conference Name Sullivan County Commission January 172017 1/17/2017

10 Application #3; Public HearingZoning Vote

Long description Gouge, Little & Associates, GP

Chairman Venable, Richard

Voting start time 10:06:16 AMVoting stop time 10:06:45 AMVoting Configuration Zoning Vote

voting mode Open

Vote Result

YesAbstain

I0

i‘

No 0Total Present

Individual Voting ResultNameBowery, Mark UCalton, Darlene pCole, Michael pCrawford, John pCa. ~nar, Jehn p—Grubb, Sherry pHare, Andy pHarkieroad, Terry pHarr, Mack pHerron, Joe pHood, Baxter pHouser, Dennis pJohnson, Matthew pKilgore, Bill pMcGIothlin, Kit pMorrell, Randy pNeal, Bob pRussell, Bobby pRussell, Cheryl pShulI, Patrick pStanley, Angie pVance, Mark pWhite, Robert pWilliams, Eddie p

Group Voting ResultGroup -

--:-

No groupAbstain

0No Absent.2e.a, 0

Total Results

Printed: 1/17/2017 10:06:46AMPage 1 Of 1

PETITIONTO SULLIVAN COUNTY FOR R EZONING

(

fl/I Q/M

- A requestfor r:zoning is madeby the personnamedh~Io’;said requestcc’ &o before th.eSu11i~anCountyRegioaalPlanningCommissionfor reconnnendadonto the Suft~vanCoUnty Beardof Commissioners.

jc~Q

PIannin~CommissionApproved ~‘‘

1~-!2~O/a&j,~ Denied_______

County Commission Approved X‘~_,~) ‘~=~-~- Denied-_________

Tax Map No. 033G Group ~ Parcel 06700

Zoning Map 7 Zoning District B-i Proposed District 8-3

Property Location:

Purpose of Rezoning:

4781 Hwy 11W

“Rezonin~ for automotive sales and accessory services.”

The undersigned,being duly sworn,herebyacknowledgesthat theinformation providedinthis petition to Sullivan County for Rezoning is true and correct to the best of my information,knowledge and belief.

PropertyOwner:

Address:

RodneyHurd

1237SussexDriveKinasport, TN 37660

OFFICE USE ONIX

Phone 423-416-3077 Date of Request 10/27/2016

Meeting Date 12/20/2016 Time 6:00PM

Property Located in 2 fivil District

PlaceBlountviBeCourthouse2~~Ifloor

P~Signature of Applicant

‘~~i~cttcO

Other Roll Call 20 Aye, 1 Pass,

Final Action Date

Z 8L)~~LIL

01—17—17

PROPERTY IDENTIFICATION

SWORNTOANDSUBSCRIBED ,7~ day ~

My CommissionExpires:81

Agenda subject voting report

Conference Name Sullivan County Commission January 172017 1/17/2017

11 Application #4: Public HearingZoning Vote

Long description Rodney Hurd

Chairman Venable, Richard

Total vote ResultVoting start time 10:11:29 AMVoting stop time 10:11:50 AMvoting Configuration Zoning VoteVoting mode OpenVote Result

Yes 20Abstain 1

No 0

Total Present 21

Group voting ResultGroup -~ Yes Abstain No AbsentNo group 20 1 0

Total Results 20 1 0

Individual Voting Result

Name Yes Abstain No AbsentBowery, Mark p XCalton, Darlene p XCole, Michael p XCrawford, John pGardner, John p XGrubb, Sherry p XHare, Andy p XHarkieroad, Terry 0 XHarr, Mack pHerron, Joe p XHood, Baxter p XHouser, Dennis pJohnson, Matthew p xKilgore, Bill p XMcGlothlin, Kit p XMorrell, Randy P XNeal, Bob p XRussell, Bobby P XRussell, Cheryl p XShull, Patrick p XStanley, Angie p XVance, Mark p XWhite, Robert P XWilliams, Eddie p X

Printed: 1/17)2017 10:11:51 AM Page lof 1

RESOLUTIONS ON DOCKET FOR JANUARY 17,2017

RESOLUTIONS ACTION#1 AMENDMENTS TO THE ZONING RESOLUTION APPROVED

01-17-17

#2 ADOPTION OF A REDEVELOPMENTPLAN AND TAXINCREMENT FINANCING AMENDMENT FOR THE RIVERBENDREDEVELOPMENTDISTRICT: THE BLAKE AT RIVERBENDPROJECTAREA

APPROVED01-17-17

#3 AUTHORIZE COUNTY MAYOR AND PURCHASINGAGENTTO DEVELOPA “REQUESTFORQUALIFICATION” TO RETAINPROFESSIONALSERVICESTO ASSESSTHE STRUCTURALANDENGINEERINGINTEGRITY AND TO ASSESSSPACENEEDSFOREITHERJAIL EXPANSIONORNEW CONSTRUCTIONOF THESULLIVAN COUNTY JAIL

APPROVED01-17-17

#4 TOACCEPTAND APPROPRIATEGRANT FUNDS FOR THESULLIVAN COUNTY LIBRARY

APPROVED01-17-17

#5 APPROVEA BUDGET AMENDMENT TO FUNDIMPROVEMENTSNEEDEDAT OBSERVATIONKNOB PARKFUND (#123)FOR THE 2017FISCAL YEAR

APPROVED01-17-17

#6 POST“25 MPH SPEEDLIMIT” SIGNS ON RAINBOW CIRCLEIN THE 6TH COMMISSION DISTRICT

APPROVED01-17-17

#7 PLACE SIGNSON CHADWELL ROAD AND BLOOMINGDALEROAD IN THE 6TU COMMISSIONDISTRICT

APPROVED01-17-17

#8 POST“25 MPH SPEEDLIMIT” SIGNS ON RACHEL’S WAY INTHE 5TH COMMISSIONDISTRICT

APPROVED01-17-17

#9 ALLOW THE CONSTRUCTIONOF A PRIVATELY-FUNDEDRETAINING WALL ON COUNTY RIGHT-OF-WAY (ROW)

APPROVED01-17-17

#10 APPROVEAPPROPRIATINGFUNDS TO SBK (SULLIVANCOUNTY- BLUFF CITY -KINGSPORT)ANIMALSHELTER/PETWORKSFOR THE PURCHASEOF LAND FOR ANANIMAL SHELTER

l~~’READING01-17-17

#11 AUTHORIZE COUNTYMAYOR TO EXECUTEA THIRDAMENDMENTTO FUNDINGAGREEMENTBETWEENSULLIVANCOUNTY, THE CITY OF KINGSPORT,AND THE INDUSTRIALDEVELOPMENTBOARD OF THE CITY OF KINGSPORT,TENNESSEE(KEDB) REGARDINGPURCHASEOF LAND BYKEDBANDLEASE OF SUCHLANDTO C & F MANUFACTURING

1ST READING

01-17-17

#12 ADOPTION OF A REDEVELOPMENTPLAN AND TAXINCREMENT FINANCING AMENDMENT FORTHE DOWNTOWNBRISTOL CBD REDEVELOPMENTDISTRICT

1ST READING

01-17-17

#13 APPROVEESTABLISHING AN ANNUAL APPROPRIATIONTO ROCKY MOUNT HISTORICAL ASSOCIATION FORSERVICESTO SULLIVAN COUNTY

l~READING

MOTION IN REGARDSTO CIVIL ACTION NO. B0024737 APPROVED01-17-17

InSullivan County

BoardofCountyCommissioners237

th AnnualSession

CONSENTAGENDAJanuary17, 2017RegularSession

RESOLUTIONto Authorize the County Mayor and PurchasingItem # 3: Old Business . .

Agent to Develop a “Request for Qualifications to RetainResolutionNo, 2016-12-76 ProfessionalServicesto Assess the Structural and EngineenngSponsors:Kilgore/ Russell Integnty and to AssessSpaceNeedsfor Either Jail Expansion or

New Construction ofthe Sullivan County Jail

NOW, THEREFOREBE IT RESOLVED that the Board of County Commissionersof Sullivan County, Tennessee,assembledin RegularSessionherebyauthorizesthe County Mayor and PurchasingAgent on behalfof theSullivanCounty Sheriffs Office to develop a “Request for Qualifications” to retain professionalservicesto assessthestructuraland engineeringintegrity and to accessspaceneedsfor eitherjail expansionor new constructionof theSullivan CountyJail in order to makedecisionsaboutwhat can be safelyandefficiently be usedto solvethepresentovercrowdingat the facility.BE IT FURTHERRESOLVEDthat any furtherprofessionalservicesregardinganyjail renovationor expansionwiltbe presentedto thecountylegislativebodyfor considerationoffunding.

Item # 4: NEW BusinessResolutionNo. 2017-01-02 RESOLUTION To Accept and Appropriate Grant Funds for theSponsors:Morrell/ Hare Sullivan County Library

NOW THEREFOREBE IT RESOLVEDthat the Board of CountyCommissionersof Sullivan County, Tennessee,assembledin RegularSessionherebyapprovesacceptingand appropriatingfUnds in an amountup to $ 3000.00fromthe Departmentof State,TennesseeStateLibrary andArchives.BE IT RESOLVED that the Sullivan County Library will provide matchingfunds per grant guidelines from theircurrentcapital outlay budget(No New Money Involved). Account Codesassignedby the Office of Accounts &Budgetsasfollows:

Revenue 101 46990 Pgm 141Appropriation 101 56500.700 Pgm 141

Item # 5: NEWBusiness RESOLUTION To Approve A Budget Amendment To FundResolutionNo.2017-01-03 Improvements Needed At Observation Knob Park Fund (#123)Sponsors: Vanee/ Neal For The 2017 Fiscal Year

NOW THEREFOREBE IT RESOLVED that the Board of County Commissionersof Sullivan County, Tennessee,assembledin RegularSessionherebyauthorizesan amendmentto the 2016-17FY budgetincreasingappropriations

for Capital by $10,000 to be funded from the Park Fund’s surplus. Account codes to be assigned by the Director ofAccountsandBudgets.

Item # 6: NEWBusinessResolution No. 2017-01-04Sponsors: BowerylJohnson

RESOLUTION To Post “25 MPH SpeedRainbow Circle In The

6th CommissionDistrict

Limit” Signs On

NOW THEREFOREBE IT RESOLVEDthat the Board of County Commissioners of Sullivan County, Tennessee,

assembledin RegularSession,herebyauthorizesthe following traffic signplacementin Sullivan County:

6th CommissionDistrict: Place“25 MPH SpeedLimit” signson RainbowCircle.

Item # 7: NEW BusinessResolutionNo. 2017-01-05Sponsors:Johnson!Harkleroad

RESOLUTION To Place Signs OnBloomingdaleRoadIn The

6tb Commission

Chadwell Road And

NOW THEREFOREBE IT RESOLVEDthat the Boardof County Commissionersof Sullivan County, Tennessee,assembledin RegularSession,herebyauthorizesthe following traffic sign placementin Sullivan County:6th CommissionDistrict

To place signson BloomingdaleintersectionandSR 93 (Wadlow

Roadand ChadwellRoad in thevicinity of BloomingdaleRoadandChadwellRoadGapRoad) and Chadwell Road intersection that read:

TRUCK ADVISORYTHROUGHTRUCKSWThLENCOUNTER

STEEPGRADES,SHARPCURVESANDTIGHT TURNS.

ALTERNATE ROUTESTRONGLYADVISED.GPSUNRELIABLE

(Signson SR93 will berequestedthroughT-DOT)

Item # 8: NEW BusinessResolutionNo.2017-01-06Sponsors: Hare! Grubb

RESOLUTION To Post “25 MPH SpeedRachel’sWay In The

5th CommissionDistrict

Limit” Signs On

NOW THEREFOREBE IT RESOLVED that the Boardof County Commissionersof Sullivan County, Tennessee,

assembledin RegularSession,herebyauthorizesthe following traffic sign placementin Sullivan County:

Sm CommissionDistrict: Place“25 MPH SpeedLimit” signson Rachel’sWay.

Item # 9: NEW BusinessResolution No. 2017-01-07Sponsors: Hare! Grubb

RESOLUTION To Allow The Construction Of A Privately-Funded Retaining Wall On County Right-of-Way (ROW)

NOW THEREFOREBE IT RESOLVED that occupancyof the County ROW by saidwall be approveduntil suchtime as its removal is deemednecessaryby this Legislativebody for anyreasonwhatsoever. Be it furtherresolvedthat the SCI-ID observethe constructionof the wall to ensurethat it complies in all material respectsto the sealedplans submitted.

MDTION MADE BY WHITE, SECOND BY GARDNER TO APPROVE CONSENT AGENDA AS PRESENTED.I4JHON APPROVED 21 AYE, 3 ABSENT

Agenda subject voting report

Conference Name Sullivan County Commission January 17 2017 1/17/2017

12 Consent AgendaVote

Long description

Item #3: Resolution No. 2016-12-76

Item #4: Resolution No. 2017-01-02

Item #5: Resolution No. 2017-01-03

Item #6: Resolution No. 2017-01-04

Item #7 Resolution No. 2017-01-05

Item #8 Resolution No. 2017-01-06

Item #9 Resolution No. 2017-01-07

Chainnan Venable, Richard

tVoting start time 10:41:14 AMVoting stop time 10:41:31 AMVoting Configuration Vote

Voting mode OpenVote Result

Yes 21

Absta in 0

No CTotal Present 21

Group Voting Result

GroNo :r:up

Yes Abstain No Absent

Total Results 21 0 0

Individual Voting ResultName Yes Abstain No AbsentBowery, Mark () XCalton, Darlene p xCole, Michael p XCrawford, Jttinq Larry xGardner, John p I xGrubb,Sherryp XHare, Andy 0 XHarkleroad, Terry 0 XHarr, Mack 0HerronJoeg XHood, Baxterq XHouser, Dennis pJohnson, Matthew p XKilgore, Bill p XMcGlothlin, KilO XMorrell, Randy 0 XNeal, Bob C) XRussell, Bobby 0 X

Printed: 1/17/2017 10:41:31 AM Page I of 2

Agenda subject voting report

Conference Name Sullivan County Commission January 172017 1/17/2017

Name: Yes Abstain No AbsentRussell, Cheryl PShulI, Patrick 0 xStanley, Angie U XVance, Mark 0 XWhite, Robert p XWilliams, Eddie C) X

Printed: 1/17/201710:41:31 AM Page 2 of 2

Sullivan CountyBoardofCountyCommissioners

237Vh AnnualSession

Item 1No. 2017-01-01

To the Honorable Richard S. Venable,Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis 17th dayof January2017.

RESOLUTION TO CONSIDER AMENDMENT(S) TO THE SULLIVAN COUNTY ZONINGPLAN: ZONING MAP OR THE ZONING RESOLUTION

WHEREAS,the rezoningpetition(s)havebeenduly initiated; havebeenbeforethe appropriateRegionalPlanningCommission(recommendationsenclosed);andshall receiveapublic hearingasrequiredprior tofinal actionfrom theCountyCommission;and

WHEREAS,suchrezoningpetition(s)and/ortheproposedtext amendment(s)will requireanamendmentto theSULLIVAN COUNTY ZONING PLAN — ZoningMaporZoningResolution.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissionersof SullivanCounty,Tennessee,assembledin RegularSessionherebyconsiderrezoningpetition(s)and/ortheZoningResolutionText Amendment(s),conduct the appropriate public hearing asrequired by law,andvote upontheproposedamendment(s)individually, by roll call vote,andthat thevote bevalidandbinding,andthat anynecessaryamendmentsto the official zoningmap or resolution codebookbemadeby thePlanning& CodesDepartment.

All resolutionsin conflict herewithbe andthe samerescindedinsofarassuchconflict exists.

Duly passedandapprovedthis 17th dayof January ,2017.

Attest: ~flJYU.L)(~~QiVYY}flt~”~Appr~t4$IJ,\Li,wjs’JeanieGammon,CountyClerk RichardS.Venable,CountyMayor

Sponsor: Commissioner John GardnerCo-Sponsor: CommissionerBill KilgoreACTION:

Sullivan CountyBoardofCountyCommissioners

236Sh AnnualSession

Item 2No. 2016-12-75

To the Honorable Richard S. Venable,Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis 12th dayof December2016.

RESOLUTIONfor Adoption of a Redevelopment Plan and Tax Increment Financing Amendmentfor the Riverbend RedevelopmentDistrict: The Blake at Riverbend Project Area

WHEREAS, Kingsport Housing & RedevelopmentAuthority (“KHRA”) pursuant to theprovisionsof Title 13, Chapter20, TennesseeCodeAnnotated,assupplementedand amended,hasthepowerandauthorityto administerredevelopmentprogramslocatedwithin its statutoryboundaries;and

WHEREAS, KHRA has prepareda document entitled “RedevelopmentPlan for IdentifiedDistricts& StudyAreas” in conformancewith Title 13, Chapter20, Part 2, TennesseeCodeAnnotated,assupplementedand amendedwhich hasbeenadoptedby the City of Kingsport (“RedevelopmentPlan”);and

WHEREAS, as previouslyauthorizedby the Sullivan CountyCommission,KHRA conductedapublic hearing on December7, 2016, to determinethe necessityfor the expansionof the existingRiverbendRedevelopmentDistrict on behalfof Sullivan County and the adoptionof a tax incrementfinancingamendmentwhichauthorizestheuseoftax incrementfinancingwithin theexpansionarea;and

WHEREAS,the commentsandfindingsofsaidpublic hearing,alongwith theProjectproposalfortheRiverbendRedevelopmentDistrict havebeenpresentedto theSullivan CountyCommission;and

WHEREAS,KHRA and the City of Kingsport, Tennesseehaverecommendedthe expansionoftheexistingRiverbendRedevelopmentDistrict andthe proposedtax incrementfinancingamendmentandhavealsorecommendedapprovaloftheuseof tax incrementfinancingfor a ProjectknownasTheBlakeatRiverbendto be locatedwithin theRiverbendRedevelopmentDistrict expansionarea.

NOW, THEREFORE,be it resolvedby theSullivan CountyCommissionasfollows:

1. That the expandedRiverbendRedevelopmentDistrict is a blighted areaas defined byTennesseeCodeAnnotatedsection13-20-201in needofredevelopment

2. That theAmendmentto theRiverbendRedevelopmentPlanwhich includesanamendmentexpandingthedistrict boundaryand authorizingtax incrementfinancing, aspresentedandrecommendedby KHRA, a copy of the AmendmentbeingattachedheretoasExhibit A, is herebyapproved,and thefactualfindings containedthereinareaffinnedandadoptedby theSullivan CountyCommission.

3. That useof tax incrementfinancing as describedin the RiverbendRedevelopmentPlanAmendmentfor usein supportof theprojectknownasThe Blakeat Riverbendis herebyapproved.

4. That the Sullivan CountyMayorandSullivan County Assessorareherebyauthorizedandempoweredto negotiateandexecuteall suchdocumentsasmaybe reasonablyrequiredto implementtheRedevelopmentPlanand tax incrementfinancingamendment.

5. That KEIRA is herebyauthorizedand empoweredto implementthe RedevelopmentPlanandamendmenton behalfofSullivan Countythroughtheexecutionofa RedevelopmentAgreement.

6. This resolutionis restrictedsolely to theRiverbendRedevelopmentDistrict andTheBlakeat RiverbendProjectAreaasdescribedin theattachedamendmentandis not anapprovalor denialof anyotherRedevelopmentPlanorDistrict.

This resolutionshalltakeeffect from andafterits passage.All resolutionsin conflict herewithbeandthesamerescindedinsofarassuchconflict exists.

2017Approvedthis 17th day of January, ~

Atest~MW ~UKYVY71Zr~ APPQ44 I -

eanieGammon,CountyClerk RichardS. venable,CountyMayor

Sponsored By: Commissioner John GardnerCo-Sponsor(s): Commissioner Joe Herron

ACTIONS: No actiontakenby ExecutiveCommittee12/6/16; CountyCommission12/12/16— 1~Reading;Approvedby ExecutiveCommittee1/3/17;Approvedby AdministrativeCommittee1/4/17;

01/17/17- Amendedby Sponsor to correct typo error in paragraph“E” (attached)to read 10 year instead of 15 year01-17-17- RESOLUTION Approved roll call vote

A11TACHMENT #1

ResolutionNo. 2012-12-75

RIVERBEND REDEVELOPMENT DISTRICTTAX INCREMENT FINANCING AMENDMENT

THE BLAKE AT RIVERBEND PROJECT AREA

Tax-increment financing (“TIF”) is a redevelopment tool to be administered by housingand redevelopment authorities codified at Tenn. Code Ann. §~13-20-204and 205, et. seq. Thepurpose of TIF is to provide an economic stimulus for blighted property in need ofredevelopment. Upon adoption of this Amendment, TIP may be utilized to finance eligibleredevelopment costs for a redevelopment project known as The Blake at Riverbend (“TheBlake”) to be located within the newly expanded Riverbend Redevelopment District subject tothe provisions of this Amendment. The TIF shall be administered as follows:

A. District History.

The property on which The Blake will be located is property adjacent to Wal-Mart on FortHenry Drive which has remained undeveloped in spite of commercial activity around it. Thecurrent Riverbend Redevelopment District is shown on the map attached as Exhibit One. ThisAmendment would expand the Riverbend Redevelopment District to incorporate approximately22 additional acres which consists of Sullivan County Tax Map 077H Parcels 003.00 and 004.00as shown on Exhibit Two (“Expansion Area”). The Blake will occupy approximately 8.64 acreswithin the Expansion Area as shown on Exhibit Three (“Project Area”). The entire District asexpanded by this Amendment will consist of approximately 45 acres. The remainder of theExpansion Area will be subdivided into additional outparcels which are expected to bedeveloped for additional restaurant and retail space. The Project Area is under contract to bepurchased by the Developer. Much of the property within the Expansion Area was graded withlittle to no control of erosion from the site. The property was cited for violations on severaloccasions. No progress has been made on the abandoned development for several years. Thiscondition has negatively affected development in the nearby areas. In order to combat theseissues for the site it is proposed that the Expansion Area (which includes the Project Area) bedesignated as part of the Riverbend Redevelopment District and be afforded all tax incentivesas appropriate to encourage new land uses in the area.

The Expansion Area is recognized as having a potential economic return to the City andCounty primarily due to its desirable location near Fort Henry Drive. Delay of the redevelopmentof this site will continue to have a deteriorative impact on the adjacent commercial areas. Theuse of TIF will allow the redevelopment of a well-located site which has previously beenunderutilized. The existing blight, dilapidated structures and negative impact on surroundingareas would all be remediated or eliminated by implementation of the proposed RedevelopmentProject. Redevelopment of this area would also provide the opportunity to help alleviate theexisting shortage of assisted living units available for rent in the Kingsport and Sullivan Countymarkets.

Based on the foregoing circumstances and conditions, the Board of Commissioners ofKHRA has determined that the Expansion Area of the District which includes the Project Area isblighted as defined by TCA 13-20-201 et seq. The District experiences the following conditions:

1. Long-term vacant and underutilized property.

2. The continued deterioration of the property due to unfinished grading and erosioncontrol and negative impact to the surrounding properties.

It is recommended that the project be redeveloped, rehabilitated and/or renovated inorder to correct such blighted, deteriorated and dilapidated conditions.

B. District Zoning and Land Use.

The redevelopment of the Riverbend Redevelopment District shall comply with theZoning Ordinances and building codes as well as other applicable rules, laws, ordinances,codes and regulations of the City. KHRA shall also review the Plan and any redevelopmentprojects within the District with appropriate City agencies and officials to ensure that the Planand the proposed redevelopment activities conform with local objectives relating to appropriateland uses, improved traffic flow, public transportation, public utilities, recreation and communityfacilities and other public improvements and needs. For a more complete description of therequirements and restrictions of the Zoning Ordinances of the City, reference should be made tothe Ordinances themselves. This property should continue to be zoned B-4P (Planned BusinessDistrict) by the City of Kingsport.

The City and KHRA will cooperate in the planning and construction of improvements tothe streets, roadways, sidewalks, curbs and gutters, parking systems, lighting, landscaping andtraffic signalization and control.

C. Estimated Cost of the Proiect.

The total estimated costs of all the proposed improvements to be made by The Blake atKingsport, LLC (the “Developer”) for The Blake, is $21,348,625.00. The proposedimprovements include construction of one building with two courtyards consisting of a total of106,500 square feet which will include 120 units of assisted living apartments containing a totalof 131 beds, on site therapy, on site healthcare, secure memory care and other relatedamenities (the “Redevelopment Project”). KHRA will be paid an annual administration fee equalto five percent of the total and annual tax increment revenue received by KHRA. The Projectwill be located in the Project Area on a portion of current Sullivan County Tax Map 077H,Control Map C, Group 077H, Parcels 003.00 and 004.00 which are the sole tax parcels withinthe Project Area. The TIF shall be limited to eligible expenditures for the RedevelopmentProject within the Project Area.

D. Sources of Revenue to Finance the Cost of the Proiect.

The primary sources of revenue to pay for the Redevelopment Project are proceeds inthe amount of $17,078,900.00 from a permanent loan to the Developer, Developer investmentof $3,269,725.00, and tax-increment based debt (to be issued by the KHRA in the form ofbonds, notes, or other indebtedness) in an amount not to exceed $1,000,000.00, but in no eventin an amount to exceed the estimated amount of debt that can be amortized over a 10 yearincrement period which are hereby authorized by City of Kingsport (the “City”) and SullivanCounty, Tennessee (the “County”). Current projections suggest that the tax increment from the

proposed improvements within the Project Area will be sufficient to retire this amount ofindebtedness within a ten (10) year amortization period for both the City and the County.

The total current property tax assessment for the Project Area is $180,000.00. Thisresults in annual property tax payments to the City in the amount of $3,726.00 and annualproperty tax payments to the County in the amount of $4,149.72. The Redevelopment Projectwould result in a total estimated assessed value for property within the Project Area of$6,188,080.00. Based on current tax rates, this would result in total estimated annual city taxesof $128,093.26 and total estimated annual county taxes of $159,367.81. Because SullivanCounty has dedicated $0.166 of its $25754 tax rate for repayment of indebtedness and the Cityof Kingsport has dedicated $.3400 of its $2.07 tax rate for repayment of indebtedness, thatportion of the increment, pursuant to Tenn. Code Ann. §~13-20-2Q5and 9-23-1 03, shall not beallocated as provided in Paragraph 0 below but shall be collected and paid to the respectivetaxing agency as all other property taxes are collected and paid. Thus, the estimated totalavailable increment from Sullivan County taxes after the administration fee and statutory debtservice set aside is $137,480.79. The estimated total available increment from City of Kingsporttaxes after the administration fee and statutory debt service set aside is $ 98,742.79 resulting inan estimated total annual available tax increment from City and County of $236,223.59. Adetailed calculation of these estimated projections is attached hereto as Exhibit Four. Theredevelopment of the Project Area will not occur to the degree proposed without the use of tax-increment financing.

E. Amount and the Final Maturity of Bonded or other Indebtedness to be Incurred.

The amortization period for any indebtedness bac.~Øby the tax-increment revenuegenerated within the Project Area shall be no more than#~!ayearsfrom the date of issuanceof the debt. In any event, the final maturity date of all indebtedness issued pursuant to thisAmendment shall be on or before May 15, 2030. Upon retirement of all bonds, loans, or otherindebtedness incurred and payable from tax-increment funds, or at such time as monies ondeposit in the tax-increment fund or funds are sufficient for such purpose, all property taxesresulting from the incremental development of the project shall be retained by the appropriatetaxing agency for disbursement according to law.

F. Impact of the Tax-Increment Financing Provisions Upon Taxing Agencies.

The total assessment of the City of Kingsport’s real property tax base for the 2016 taxyear is approximately $1,294,676,740.00. The total assessment of Sullivan County’s realproperty tax base for the 2016 tax year is approximately $3,099,352,235.00. The currentassessment of the Project Area represents 0.0001% of the City of Kingsport’s property tax baseand 0.00006% of the Sullivan County property tax base. The estimated assessment of theProposed Improvements would represent 0.006% of the current City of Kingsport tax base and0.0026% of the current Sullivan County tax base. Based on these small percentages, the Cityand the County (the two taxing agencies affected by this Redevelopment Project) will not besubstantially impacted financially by this tax-increment financing provision.

The development of the Redevelopment Project will result in additional residents andeconomic activity within the Redevelopment District. It is estimated as many as 76 new localjobs could be created during the construction phase of the Redevelopment Project which wouldresult in approximately $165,000,000 in local income over the course of the project andapproximately $1,400,000.00 in local taxes and other revenue for local governments. Inaddition, the long term impact includes the addition of residents to our communities which

means approximately 81 new local jobs which creates approximately $3,000,000.00 in localincome and and other revenue for local governments. While all these numbers rely on certainassumptions and projections, the end result of the Redevelopment Project is that a need forassisted living units has been met and the City and County will receive a substantial economicboost.

G. Division of Property Taxes.

Upon approval of this Amendment, the taxes levied and collected over the Project Areashall be collected by the appropriate taxing authorities in the same manner as provided by law,except that said taxes shall be divided as follows:

1. The portion of the taxes which would be produced by the rate at which thetax is levied each year by each taxing agency, upon the assessed value of such property withinthe Project Area as of the 2016 tax year (which is the year of approval of this TIF amendment)(“Base Assessment”), shall be allocated to, and when collected, shall be paid to, the respectivetaxing agencies as taxes levied by such taxing agencies on all other property are paid; provided,that in any year in which taxes of the Project Area are less than the Base Assessment and theDedicated Taxes, there shall be allocated and paid to those respective taxing agencies onlythose taxes actually imposed and collected; and provided further, that, in any year or years inwhich the Base Assessment would be diminished solely due to a rate reduction under Title 67,Chapter 5, Part 17, of the Tennessee Code, the Base Assessment shall nevertheless beestablished at the amount originally determined.

2. Subject to the restraints herein and applicable law, all of the City ofKingsport taxes levied in each year in excess of the Base Assessment and Dedicated Taxesshall be allocated to and, when collected, shall be paid into a special fund or funds of KHRA topay the administration fee and to pay the principal of and interest on any bonds, loans or otherindebtedness incurred or to be incurred by KHRA to finance or refinance, in whole or in part,eligible redevelopment expenses of the Redevelopment Project contemplated by theRedevelopment Plan, and such other expenses as may be allowed by law.

3. Subject to the restraints herein and applicable law, sixty five percent (65%)of the Sullivan County taxes levied in each year in excess of the Base Assessment andDedicated Taxes shall be allocated to and, when collected, shall be paid into a special fund orfunds of KHRA to pay the administration fee and to pay the principal of and interest on anybonds, loans or other indebtedness incurred or to be incurred by KHRA to finance or refinance,in whole or in part, eligible redevelopment expenses of the Redevelopment Projectcontemplated by the Redevelopment Plan, and such other expenses as may be allowed by law.The remaining thirty five percent (35%) of the Sullivan County taxes levied in each year inexcess of the Base Assessment and Dedicated Taxes shall be allocated to and, when collected,shall be paid to Sullivan County in the same manner as taxes on all other property are paid.

4. Upon retirement of all bonds, loans or other indebtedness incurred byKHRJA, and payable from such special fund or funds, or at such time as monies on deposit insuch special fund or funds are sufficient for such purpose, all taxes levied each year in excessof the Base Assessment and Dedicated Taxes shall, when collected, be paid to the respectivetaxing agency as taxes levied by such taxing agencies on all other property are paid, and KHRAshall give notice to all affected taxing agencies of such retirement. Excess taxes beyondamounts necessary to fund or reserve for eligible expenditures may be applied to principal and

interest of debt incurred to finance such eligible expenditures or shall revert to the taxing agencygeneral fund. In any event, the division of property taxes required by this document shall notcontinue for any tax year beyond 2029.

H. Property Tax Assessments and Collection.

1. The appropriate assessor shall, in each year during the period in whichtaxes are to be allocated to KHRA pursuant to Paragraph 0, compute and certify the netamount, if any, by which the current assessed value of all taxable property located within theProject Area which is subject to taxation by the particular taxing agency exceeds the baseassessment. The net amount of any such increase is referred to in this subdivision as theincremental value for that particular year.

2. In any year in which there exists a tax increment to be allocated to KHRA,the appropriate assessor shall exclude it from the assessed value upon which the appropriateassessor computes the tax rates for taxes levied that year by the taxing agency. However, theassessor shall extend the aggregate tax rate of such taxes against the Base Assessment andthe incremental value and shall apply the taxes collected there from as provided herein.

3. If in any year property comprising a portion of the Project Area shall beremoved from the tax rolls of a taxing agency, the Base Assessment for the Project Area shallbe reduced by the amount of the Base Assessment allocable to the property so removed foreach subsequent year in which taxes are to be allocated to a particular authority pursuant to theabove provisions.

Documentation for Assessor’s Office.

Upon approval of this Amendment, KHRA shall transmit to the assessor of property andthe chief financial officer for each taxing agency affected, a copy of the description of all landwithin the Project Area (including tax parcel numbers), the date or dates of the approval of theredevelopment plan or amendment thereto, a copy of the resolution approving theredevelopment plan or approving an Amendment thereto, a map or plat indicating theboundaries of such property and the Base Assessment with respect to the Project Area, andtaxes shall thereafter, when collected, be allocated and paid in the manner provided herein.

J. Excluded Taxes.

Notwithstanding anything to the contrary in this section, taxes levied upon propertysubject to tax-increment financing provisions by any taxing agency for the payment of principalof and interest on all bonds, loans or other indebtedness of such taxing agency, and taxeslevied by or for the benefit of the State of Tennessee (herein “Dedicated Taxes”), shall not besubject to allocation as provided in Paragraph 0 but shall be levied against the property and,when collected, paid to such taxing agency as taxes levied by such taxing agency on all otherproperty are paid and collected.

K. Interpretation.

This tax-increment financing amendment is being proposed pursuant to Tenn. Code Ann.§ 13-20-201, et. seq. and Tenn. Code Ann. § 9-23-101, et. seq. and all relevant provisions arehereby incorporated herein by reference. All provisions of this Amendment shall be construed ina manner consistent with said Code sections.

L. Conditions of Tax-Increment.

KHRA shall enter into a redevelopment agreement with Developer which requiresDeveloper to pursue and complete the Redevelopment Project in a diligent manner, and inaccordance with plans and specifications approved by KHRA. The redevelopment agreement tobe entered into between KHRA and Developer shall contain such terms as KHRA believesreasonably necessary to accomplish this purpose.

M. Limitation of Approval.

The approval of this TIF Amendment by Sullivan County, Tennessee is limited solely toRedevelopment Project and the Project Area described herein and shall not be interpreted as anapproval of any other tax increment financing project, or Redevelopment District.

EXHIBIT ONE

MAP OF CURRENT RIVERBEND REDEVELOPMENT DISTRICT

0 ¶00

EXHIBIT TWO

MAP OF EXPANDED RIVERBEND REDEVELOPMENT DISTRICT

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MAP OF ThE BLAKE PROJECT AREA

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EXHIBIT FOUR

TIP ESTIMATERIVERBEND REDEVELOPMENT DISTRICT

THE BLAKE AT RIVERBEND PROJECT AREA

Total Original Assessed Value $180,000.00County Tax Rate 2.5754City Tax Rate 2.07Total Proposed Assessed Value $6,188,080.00County Debt Service Set Aside 0.1667City Debt Service Set Aside 0.3400Total Proposed County Taxes $159,367.81Current County Taxes $4,635.72Proposed County Increment $154,732.09County Debt Service Set Aside $10,015.47Total Available County Increment $144,716.62Net County Increment after Fee $137,480.79Total Proposed City Taxes $128,093.26Current City Taxes $3,726.00Proposed City Increment $124,367.26City Debt Service Set Aside $20,427.47Total Available City Increment $103,939.78Net City Increment After Fee $98,742.79

Net Available City and County Increment $236,223.59

Total Original Assessed Value $180,000.00County Tax Rate 2.5754City Tax Rate 2.07Total Proposed Assessed Value $8,000,000.00County Debt Service Set Aside o. 1667City Debt Service Set Aside 0.3400Total Proposed County Taxes $206,032.00Current County Taxes $4,635.72Proposed County Increment $201,396.28County Debt Service Set Aside $13,035.94Total Available County Increment $188,360.34Net County Increment after Fee $178,942.32Total Proposed City Taxes $165,600.00Current City Taxes $3,726.00Proposed City Increment $161,874.00City Debt Service Set Aside $26,588.00Total Available City Increment $135,286.00Net City Increment After Fee $128,521.70

Net Available City and County Increment $307,464.02

Agenda subject voting report

Conference Name Sullivan county commission January 172017 1/17/2017

13 Item #2: Old Business Resolution No. 2016-12-75 Sponsors: Gardner/HerronVote

Long description

RESOLUTION for Adoption of a Redevelopment Plan and Tax IncrementFinancing Amendment for the Riverbend Redevelopment District: TheBlake at Riverbend Project Area

chairman Venable, Richard

ThtII VàteReiuK Svoting start time 10:39:54AMvoting stop time 10:40:15 AMvoting configuration Votevoting mode Openvote Result

Yes 19

Abstain 0No 2Total Present 21

Group voting ResultGroup - .. -: Yes Abstain No AbsentNo group j9 0 2

Total Results 19 0 2

Individual voting Result

Name Yes Abstain No AbsentBowery, Mark p XCalton, Darlene p XCole, Michael p XCrawford,Jettn4 L4p rU XGardner, John 0 / XGrubb,Sherryp XHare, Andy p XHarkleroad, Terry 0 XHarr, Mack pHerron, Joe p XHood, Baxter p XHouser, Dennis pJohnson, Matthew p xKilgore, Bill () XMcGlothlin, Kit p XMorrell, Randy 0 XNeal, Bob () XRussell, Bobby P XRussell, Cheryl pShull, Patrick p xStanley, Angie p XVance, Mark p XWhite, Robert p XWilliams, Eddie 0 X

Printed: 1/1712017 10:40:15AM Page 1 of 1

Sullivan County ____

BoardofCountyCommissioners

230AnnualSessionItem 3

No. 2016-12-76

To the HonorableRichard S. Venable,Sullivan CountyMayor and theBoard of Sullivan CountyCommissionersmeetingin RegularSessionthis

12th day ofDecember2016.

RESOLUTION to Authorize the County Mayor and PurchasingAgent to Develop a “Request forQualifications” to Retain Professional Servicesto Assessthe Structural and Engineering Integrity and toAssessSpaceNeedsfor Either Jail Expansion or New Construction ofthe Sullivan County Jail

WFIEREAS, the main structureof the Sullivan County Jail facility was constructedin 1986 with an 150 bedexpansion beingadded in 1999 and another jail extension (separate e building) added in 2005 due to the everincreasing inmate populations; and

WHEREAS,accordingto expertswithin the detentionsystem,jail capacityreachesits limit at approximately90%of its bedspace;however,theSullivan CountyJailover the last five yearshasaveragedadaily populationat 125%of its total bedspacecapacity;and,

WHEREAS, due to overcrowding conditions some of the operationalchallengesthe Sullivan County Jail isexperiencingis as follows: no ability to classif~’andseparateinmatesby risk; limited spaceto houseinmateswithspecialmedicalneeds;no ability to segregatehousingfor maximumsecurityfemaleandmaleinmates,as well as,otherissuesinvolving inmatebookingandhousingof weekendoffenders.

NOW, THEREFOREBE IT RESOLVED that the Board of County Commissionersof Sullivan County,Tennessee,assembledin Regular Sessionhereby authorizes the County Mayor and Purchasing Agent onbehalf of the Sullivan County Sheriff’s Office to developa “Request for Qualifications” to retain professionalservices to assess the structural and engineering integrity and to accessspaceneedsfor either jail expansionor new construction of the Sullivan County Jail in order to make decisionsabout what can be safely andefficiently he used to solve the present overcrowding at the facility.

BE IT FURTHER RESOLVED that any further professional services regarding any jail renovation orexpansionwill be presentedto thecounty legislative body for consideration offunding.

This resolution shall take effect from andafter its passage.All resolutionsin conflict herewithbe andthe samerescindedinsofaras suchconflict exists.

Approvedthis 17th day of January. 20172~*&

Attest: c2QJYtLLi APPre44 4. \L~~4~L.1 ie Gammon,CountyClerk RichardS. Venable,CountyMayor

Sponsored By: Commissioner Bill KilgoreCo-Sponsor(s): Commissioners Cheryl Russell, Sherry Grubb

ACTIONS: l~Reading 12/12/16; Action deferred by Executive Committee l/3/17;D Approved byAdministrative Committee 1/4/I 7;/l 6~ 01—17—17 Placed on Consent Agenda

01-17-17 Approved by Coninission.

Sullivan CountyBoardofCountyCommissioners

237~AnnualSession

Item 4No. 2017-01-02

To the Honorable Richard S. Venable, Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis 17th day ofJanuary2017.

RESOLUTION To Accept and Appropriate Grant Funds for theSullivan County Library

WHEREAS, a grant hasbecomeavailable through the Tennessee State Library and Archives in anamountup to $3,000.00for public accesscomputersfor all library locations;and,

WHEREAS, the Sullivan CountyLibrary hasanticipatedandplannedfor this project and haschosentospendaportionoftheirbudgeton thisproject;

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners of SullivanCounty, Tennessee,assembledin Regular Sessionhereby approves accepting and appropriatingfunds in an amount up to $ 3000.00from the Department of State, TennesseeState Library andArchives.

BE IT RESOLVED that the Sullivan County Library will provide matchingguidelines from their current capital outlay budget (No New Money Involved).assignedby the Office of Accounts & Budgetsasfollows:

funds per grantAccount Codes

RevenueAppropriation

101 46990101 56500.700

Pgm 141Pgm 141

This resolutionshalltakeeffect from andafterits passage.All resolutionsin conflict herewithbeandthesamerescindedinsofar assuchconflict exists.

Spàthored By: CommissionerRandy MorrellCo-Sponsor(s): Commissioners Andy Hare

2017.

APPrO&4a1 J .tjCsowRtchardS. Venable,CountyMayor

ACTIONS: Approvedby ExecutiveCommittee1/3/17; Approvedby AdministrativeCommittee1/4/17;01-17-17 Placedon ConsentAgenda 01-17-17 Approved by Comission

Approvedthis 17th dayof

- Gammon, County C

Sullivan CountyBoardofCountyCommissioners

237” AnnualSession

Item5No. 2017-01-03

To the HonorableRichard S. Venable, Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis l7°~day ofJanuary2017.

RESOLUTIONTo ApproveA Budget AmendmentTo Fund Improvements NeededAt ObservationKnob Park Fund (#123)For The 2017Fiscal Year

WHEREAS, improvementsover the security of the operations of the Observation Knob Park have notkept up with thecurrentstandardsoversuchapublic facility; and,

WHEREAS,the Park has requestedthat a securitygatebe installedto control the vehiclesenteringthepark on adaily basis;and,

WHEREAS, the park hasadequatebalancesin the fluid balanceaccountto provide funding to covercertainone-timeimprovements.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners of SullivanCounty, Tennessee,assembledin Regular Sessionhereby authorizes an amendment to the 2016-17FY budget increasing appropriations for Capital by $10,000 to be funded from the Park Fund’ssurplus. Account codesto be assignedby the Director of Accountsand Budgets.

This resolutionshall takeeffect from andafterits passage.All resolutionsin conflict herewithbeandthesamerescindedinsofarassuchconflict exists.

Approvedthis 17th dayof January ,2017.

AUest:~j~fY1JLi(~{J/yflfl?11Y\~ APPro~LtA4 i~~L40u4JeanieGammon,Coiihty C rk RichardVenable,CountyMayor

SponsoredBy: CommissionerMark VanceCo-Sponsor(s): CommissionersBob Neal, Dennis Houser

ACTIONS: Approvedby ExecutiveCommittee1/3/17; Approvedby AdministrativeCommittee1/4/17;01-17-17-Placed on ConsentAgenda01-17-17-Approved by Coninission

Sullivan CountyBoardofCountyCommissioners

237�/sAnnualSession

Item 6No. 2017-01-04

To the Honorable Richard S. Venable, Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis 17th day ofJanuary2017.

RESOLUTIONTo Post“25 MPHSpeed Limit” Signs On Rainbow Circle In The 6th CommissionDistrict

WHEREAS, CommissionerMark Bowery requestedspeed limit sign changesbe made on RainbowCircle; and

WHEREAS,the Sullivan County Highway Department has reviewed the request and approves thechange.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners of SullivanCounty, Tennessee,assembledin Regular Session,hereby authorizes the following traffic signplacementin Sullivan County:

6th CommissionDistrict

Place“25 MPH SpeedLimit” signson Rainbow Circle.

This resolutionshall takeeffect from andafterits passage.All resolutionsin conflictherewithbeandthesamerescindedinsofarassuchconflict exists.

Appro dthis 17th day of January 2017.

Aftest: t6’VUL Appr~4hJJ. 1/144414eanieGammon,CountyCI k RichardS. Venable,CountyMayor

Sponsored By: Commissioner Mark BoweryCo-Sponsor(s): CommissionersMatthew JohnsonACTION: Approvedby ExecutiveCommittee1/3/17; Approvedby AdministrativeCommittee1/4/17;

01-17-17- Placedon ConsentAgenda; 01-17-17 Approved by Coirinission

ResolutionNo. 2017-01-04ATTACHMENT #1

SULLI VAN COUNTYHIGH WAY DEPARTMENT

to. ioxsnRIOt ~TVtLLTZNMLSSLI. 3t61?

IIM HELGERI PHOr%E (423) 2’L2820HIGHWAY WMMISSIONLK FAX (423) 2~9•2$’6

RESOLUTION REQUESTREVIEW

DAlE: J22O’2p/~

lu: .SW//$fl#V

REQUEST MADE BY: JZ2A4X&~We4y~..~__~-

S L BJ ECT: To L4~E~~Ii~? t~4oaVZ”!!&~c~

(‘OMMISSR)NEk DISTRICT 1214#hettl $4NfrAJ

V~APPROVE[)BY HIGHWAY DEPARTM1 Ni

DENIED BY HIGHWAY DEPARTMENT

COMMENT:

4 6~ :~//~%~/~TRAF IC COORDINATOR DATE H WAY C MMISSIONER )AVt

Sullivan CountyBoardofCountyCommissioners

237�”AnnualSession

Item 7

No. 2017-01-05

To theHonorableRichardS. Venable,Sullivan County Mayor and theBoard of Sullivan CountyCommissioners

meetingin RegularSessionthis17

th day ofJanuary2017.

RESOLUTIONTo PlaceSignsOn Chadwell RoadAnd Bloomingdale Road In The 6k” CommissionDistrict

WHEREAS, CommissionerMatthewJohnsonrequestedthe Sullivan County Highway Departmentto make the

above referencedchange;and

WFIEREAS, theSullivan CountyHighway Departmentreviewedthe requestand approvedsame.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissionersof Sullivan County,Tennessee,assembledin Regular Session,hereby authorizes the following traffic sign placement in SullivanCounty:

6th CommissionDistrict

To placesigns on Bloomingdale Road andChadwell Road in the vicinity of BloomingdaleRoad and Chadwell Road intersection and SR93 (Wadlow GapRoad) and Chadwell Roadintersectionthatread:

TRUCK ADVISORYTHROUGH TRUCKS WILL ENCOUNTER

STEEP GRADES, SHARPCURVESAND TIGHT TURNS.

ALTERNATE ROUTE STRONGLY ADVISED.GPSUNRELIABLE

(Signson SR 93 will be requestedthrough T-DOT)

WAIVEROFTHERULESREQUESTED

This resolution shall take effect from and after its passage. All resolutions in conflict herewith be

and the same rescinded insofar as such conflict exists.Approved this 17th day of January 2017.

Au ApproGI(J$~j .4. t4’~4ILVcameGammon,CountyClerk RichardS. Venable,County ayor

SponsoredBy: CommissionerMatthew JohnsonPrime Co-Sponsor(s):CommissionerTerry Harkleroad, Mark Bowery,John GardnerACTIONS: Waiver ofRules;Submittedasdraftat ExecutiveCommitteeU3/1 7; recommendedfor submissionandapprovalby ExecutiveCommittee1/3/17;Approvedby AdministrativeCommittee1/4/17;

01-17-17- Placed on Consent Agenda; 01-17-17 Approved by Coninission

ResolutionNo. 2017-01-05ATTACHMENT #1

Picture Below: Truck and trailer attempting to make turn from Chadwell Road onto BloomingdaleRoad.

Sullivan CountyBoardofCountyCommissioners

237�”AnnualSession

Item 8No. 2017-01-06

To the Honorable Richard S. Venable, Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis

17th day ofJanuary2017.

RESOLUTION To Post“25 MPHSpeed Limit” Signs On Rachel’s Way In The sth CommissionDistrict

WHEREAS,CommissionerAndy Hare requestedspeedlimit sign changesbe madeon Rachel’sWay;and

WHEREAS, the Sullivan County Highway Departmenthas reviewed the requestand approvesthechange.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners of SullivanCounty, Tennessee,assembledin Regular Session, hereby authorizes the following traffic signplacementin Sullivan County:

5th Commission District

Place“25 MPH SpeedLimit” signson Rachel’sWay.

This resolution shall takeeffect from and afterits passage. All resolutions in conflict herewith be andthesamerescindedinsofarassuchconflict exists.

Approvedthis 17th day of January 2017.

Attest: Appro~4dt$ 4 2 .t,1au41’anie Gammon,CountyClerk RichardS. Venable,CountyMayor

Spon red By: Commissioner Andy HareCo-Sponsor(s): Commissioners Sherry GrubbACTION: 01-17-17-Placedon ConsentAgenda; 01-17-17-Approvedby Commission.

Attachment#1ResolutionNo. 2017-01-06

SULLIVAN COUNTYHIGHWAYDEPARTMENT

rn~IWCtILOtNfl’IU.t. TU4NE%EE3%It

JIM SELGERI nIONE (423) 279-2820HIGHWAY COMMISSIONER FAX (423) 279-2876

RESOLUTION REQUEST REVIEW

DATE: /_ifrZoilTO: &uN~ dsnvnifih.V

REQUESTMADEE3Y:

SUBjECT: 7~p4Acs ,VP/J gan4~1S~

J/ósss on Inehel’, 4~,4y

________ COMMISSIONERI)IS1RICI ____________________

V”APPROVED BY HIGHWAY DEPARTMENT

DENIED BY HIGHWAY DEPARIMENT

COMMENT:

T~~CO~A~OR DATE - ~l~JMI’ION ER

Sullivan CountyBoardofCountyCommissioners

237�”AnnualSession

Item 9No. 2017-01-07

To the Honorable Richard S. Venable, Sullivan County Mayor and the Board of Sullivan CountyCommissioners meeting in RegularSessionthis 17th day of January2017.

RESOLUTION To Allow The Construction Of A Privately-Funded Retaining Wall On CountyRight-of-Way (ROW)

WHEREAS,Mr. Fred Pinney is owner of a private residenceat 771 Hamilton Trail, Piney Flats, inSullivan County,and

WHEREAS, Mr. Pinneyplans improvementsto his property to include a retaining wall and drivewayimprovements, and

WHEREAS, Mr. Pinneyhascommissioneda RegisteredEngineerto designsaid retainingwall and saidwall will occupyaportionof theCountyROW,and

WHEREAS, sight distances along the County ROWwill be improved by the presence of said retainingwall;

NOW THEREFORE BE IT RESOLVED that occupancy of the County ROW by said wall beapproved until such time as its removal is deemednecessaryby this Legislative body for any reasonwhatsoever, Be it further resolved that the SCHD observethe construction of the wall to ensurethat it complies in all material respectsto the sealedplans submitted.

This Resolutionshall takeeffectfrom and afterits passage.

All resolutionsin conflict herewithshall be andthe sameareherebyrescindedinsofar as suchconflictexists.

Approvedthis l7thdayof January 2017.

Attested: pprov~%4J$~J.4,. \L,404~&aneGammon,CountyClerk Mayor RichardS. venable,Chairman

Introduced By: CommissionerAndy HareSecondedBy: CommissionerSherry GrubbACTIONS: 01-17-17- Placed on ConsentAgenda; 01—17-17 Approved by Commission.

Sullivan CountyBoardofCountyCommissioners

237�”AnnualSessionItem 10

No.2017-01-08

To the Honorable Richard S. Venable, Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis 17th day ofJanuary2017.

RESOLUTION To Approve Appropriating Funds To SBK (Sullivan County - Bluff City —Kingsport) Animal SheIterIPETWORKS For The PurchaseOf Land For An Animal Shelter

WHEREAS, the SBK (Sullivan County, Bluff City, Kingsport) Animal Shelter is going through arebrandingand renamingprocesswhich will includetheCity of Bristol, Tennesseejoining the shelterandfinancially contributingaccordingly;and

WHEREAS,the new formed organization will be identified as PETWORKSRegional Animal Service.And theywill be dedicated to providing the best possible care to lost, abused, and homeless animals withtheir goal to achieveastatusofno kill performance;and

WHEREAS,within therebrandingprocess,PETWORKSwishesto construct a new shelter to be knownasPETWORKS AdoptionCenter;and

WHEREAS,to be able to provide this serviceSullivan Countyneeds to contribute their share of the coststo find this project.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners of SullivanCounty, Tennessee,assembledin Regular Session,hereby authorizes an amendment to the 2016-17FY budget to appropriate funds not to exceed$75,000 from the General Fund to contribute toPETWORKS for costsin relation to the purchaseof land for an animal shelter. Account codestobe assignedby theDirector of Accounts and Budgets.

This resolutionshall takeeffect from andafter its passage. All resolutionsin conflict herewithbe and thesamerescindedinsofaras suchconflict exists.

Approvedthis _______ dayof_______________2017.

Attest: _________________________________ Approve:_____________________________

JeanieGammon,CountyClerk Richard S. venable,CountyMayor

SponsoredBy: CommissionerJoe Herron

Co-Sponsor(s): CommissionersAngie Stanley, Terry Harkleroad, Matthew Johnson

ACTIONS: 01-17-17-1st Reading;

Sullivan CountyBoardofCountyCommissioners

237” AnnualSession

Item 11No. 2017.01-09

To the Honorable Richard S. Venable, Sullivan County Mayor and the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis ~ day ofJanuary2017.

RESOLUTION To Authorize the County Mayor to Execute a Third Amendment to FundingAgreementbetweenSullivan County, the City of Kingsport, and the Industrial DevelopmentBoardof theCity of Kingsport, Tennessee(KIEDB) regarding purchaseof landby KEDB and leaseof suchland to C & F Manufacturing

WHEREAS,on June20, 2011, the Sullivan County Boardof CommissionersapprovedResolutionNo.2011-06-55committing Sullivan Countyto annualappropriate$150,000 to be usedas a contingencytocovertheCounty’sportionof any shortfall in leasepaymentsmadeby C & F Manufacturingasrequiredto cover the debtserviceincurredby the Industrial DevelopmentBoard of the City of Kingsport withBank of Tennessee(the lender)funding thepurchaseof a building andpropertylocatedat 10388AirportParkway,Kingsport,Tennesseeandleasedto C & F Manufacturing;andWHEREAS,pursuantto that purchase,aLeaseAgreementwasenteredinto by KEDB leasingsaidland to

C& F Manufacturing USA, Inc.; and

WHEREAS,C & F ManufacturingUSA, Inc. defaultedin theft leasepayments;and

WHEREAS, in 2015 at the requestof the County, City, and KEDB, the Bank of Tennesseeagreedtomodify paymentterms on the loan usedto finance the purchaseof said building and property andrequestedthat eachentity enterinto a First Amendmentto the Funding Agreementin connectionwithsuchloanmodifications;and

WHEREAS, on April 20, 2015, the Sullivan County Board of CommissionerspassedResolutionNo.20 15-04-20approvingthe County Mayor to executeaFirst Amendmentto Funding AgreementbetweenSullivan County, the City of Kingsport and the IndustrialDevelopmentBoard of the City of Kingsport,Tennessee(KFDB) which basicallyprovidedthat during theperiodofApril 22, 2015 to March 22, 2016interestonly would be due andpayableon theoutstandingloan; and

WHEREASin 2016 it wasagainnecessaryto modifypaymentstermson theloanwith BankofTennesseeand the Funding Agreement betweenSullivan County, the City of Kingsport and the IndustrialDevelopmentBoardof theCity ofKingsport;and

WHEREAS,on March 21, 2016, the Sullivan County Board of CommissionerspassedResolutionNo.2016-03-15approvingthe CountyMayor to executeaSecondAmendmentto FundingAgreementwhichprovided that the principal amortizationrequiredunder the PromissoryNote shall be suspendedandpaymentsof only accruedinterestshall be due and payablefrom April 22, 2016 to March 22, 2018, andthereafter,continuing with eachsucceedingcalendarmonth, principle and interest shall be due andpayablein consecutivemonthly installments;and

WI-IEREAS, abuyer(LeclercFoods) for thebuilding hasbeenfound; however,aftersaleof thebuildingit appearsthere will be a balancedue on the original debt to Bank of Tennesseein the amount ofapproximately$$740,804.21(SevenHundredandPith ThousandDollars); and

WHEREAS,the City of Kingsportand Sullivan County will haveto pay the $740,804.21(±1-)balancedueon saiddebt; and

WHEREAS,theBank of Tennesseehasoffered a repaymentscheduleof four to five yearsat an interestratelower thanthecurrentrateon the original loan;and

WHEREAS, it is necessaryto modify paymentsterms on the loan with Bank of Tennesseeand theFunding AgreementbetweenSullivan County, the City of Kingsport and the Industrial DevelopmentBoardof theCity of Kingsport;and

WHEREAS, attachedheretoare drafts of the following documents: 1) Third Amendmentto FundingAgreementbetweentheCity of Kingsport, Sullivan Countyandthe IndustrialDevelopmentBoardof theCity of Kingsport, 2) Third Amendmentto Loanand SecurityAgreementbetweenBankof Tennesseeandthe IndustrialDevelopmentBoardof theCity of Kingsport,and 3)Third Modificationto PromissoryNotebetweenBank ofTennesseeandtheIndustrialDevelopmentBoardoftheCity of Kingsport;

NOW THEREFOREBE IT RESOLVEDthattheSullivan CountyBoard of Commissionersherebyauthorizes the County Mayor to approve any appropriate and necessarychangesto the attacheddraft of Third Amendment to Funding Agreement betweenthe City of Kingsport, Sullivan Countyand the Industrial DevelopmentBoard of the City ofKingsport, and to executea fmal draft of saidFunding Agreement and any and all documents neededto modify payment terms of said FundingAgreement; and

BE IT FURTHER RESOLVED that the Sullivan County Board of Commissionershereby affirmsits original commitment to the annual appropriation of One Hundred Fifty Thousand Dollars($150,000)to be used to pay along with the City of Kingsport the approximate balance of SevenHundred and Forty Thousand,Eight Hundred Four and 21/100Dollars ($740,804.21)owed to Bankof Tennesseefor the original purchaseofsaid building.Thisresolutionshall takeeffect from andafterits passage.All resolutionsin conflict herewithbe andthesamerescindedinsofarassuchconflict exists.

Approvedthis _______ day of_______________ 2017.

Attest: ____________________________________ Approve:______________________________________JeanieGammon,CountyClerk RichardS.venable,CountyMayor

Sponsored By: Commissioner Mark Vance

Co-Sponsor(s): Commissioners Eddie Williams

ACTIONS: 01-17-17- 1st Reading;

No. 2017-01-09

Attachment#1

THIRD MODIFICATION TO PROMISSORYNOTE

THIS THIRD MODIFICATION TO PROMISSORYNOTE, effectiveasof January17, 2017,is madeby andbetweenBANK OF TENNESSEE,a Tennesseebankingcorporation(“Bank”) andTHEINDUSTRJA.L DEVELOPMENT BOARD OF THE CITY OF IUNGSPORT, TENNESSEE, aTennesseecorporationorganizedunderT.C.A. 7-53-101etseq.(“Borrower”).

RECITALS:

A. Bank previouslyhasprovideda loanto Borrower in theprincipalamountof $3,500,000asevidencedby Borrower’s PromissoryNotedatedAugust22,2011 payableto Bankin theprincipalamountof $3,500,000as amendedby Modification to PromissoryNote datedApril 3, 2015 (collectively the“PromissoryNote”) and SecondModification to PromissoryNote datedApril 18, 2016.

B. The indebtednessevidencedby thePromissoryNoteis governedand securedby the termsof a Loanand SecurityAgreementdatedAugust 22, 2011 asamendedby First Amendmentto LoanandSecurityAgreementdatedApril 3, 2015 andSecondAmendmentto Loanand SecurityAgreementdatedApril 18, 2016(collectively the “Loan Agreement”).

C. Borrowerhasrequestedthat Bank furthermodify thepaymenttermsunderthe PromissoryNote and Bank is willing to provide suchmodificationin accordancewith theterms and conditionssetforth hereinbelow.

NOW, THEREFORE,in considerationof the foregoing premises,and in considerationof theparties’mutual covenantsandundertakingsset forth hereinbelow,Bank andBorrowerdo herebyamendthePromissoryNoteasfollows:

1. CurrentPrincipal Balance. Bank andBorroweragreethat thecurrentoutstandingprincipalbalanceunderthePromissoryNote is $740,804.21.

2. Modification ofInterestRate. Effective asof January17, 2017, interestshall accrueon theoutstandingprincipalbalanceatthe fixed rateof 2.84%per annum.

3. Modified PaymentSchedule,CommencingFebruary17, 2017, andcontinuingon the 17th

dayof eachsucceedingcalendarmonththroughJanuary17, 2021,principal and interestshall be due andpayablein forty-eight(48) consecutivemonthly installmentsof $16,356.76each. All remainingprincipalandaccruedinterestshall be dueandpayablein full on January17, 2021.

4. No Other Modifications. Except as set forth in this Third Modification to PromissoryNote, thetermsand conditionsof the PromissoryNote, asoriginally executedand previouslyamended,remainunalteredandin full forceandeffect.

IN WITNESS WTHEREOF, Bank and Borrower have executedthis Third Modification toPromissoryNote by andthoughtheirrespectiveduly authorizedcorporateofficers.

ATTEST:

Keith WilsonSecretary-Treasurer

BANKOFTENNSSEE

By: _____________

JennyDuggerSeniorVice President

THE INDUSTRIAL DEVELOPMENTBOARD OF THE CITY OFKINGSPORT,TENNESSEE

By: ____________

William D. DudneyChairman

No. 2017-01-09Attachment#2

THIRD AMENDMENTTOLOANANDSECURITYAGREEMENT

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Agreement”),effective as of January17, 2017, is madeand enteredinto by and betweenBANK OF TENNESSEE, aTennesseebankingcorporation(“Lender”), and THE INDUSTRIAL DEVELOPMENT BOAR]) OFTHE CITY OF KINGSPORT, TENNESSEE, a Tennesseepublic not-for-profit corporationwith itsoffices in Kingsport,Tennessee(“Borrower”).

RECITALS:

A. Pursuantto Loan and Security Agreement dated August 22, 2011 and Borrower’sPromissoryNote datedAugust 22, 2011 payableto Lender in the principal amountof $3,500,000asamendedby Modification to PromissoryNote datedApril 3, 2015 (the “First Modification”) andSecondModification to PromissoryNote datedApril 18, 2016 (the “Second Modification”) (collectively the“PromissoryNote”), Lenderhasprovidedto Borrowera termloanin the principalamountof $3,500,000(the “Term Loan”).

B. The purposeof the Term Loan was for Borrower to acquire a manufacturingfacilitylocatedat 10388Airport Parkway,Kingsport,Tennessee(the “Facility”) andto leasetheFacility to C & FManufacturing USA, Inc. (“C&F”) pursuantto LeaseAgreementdatedAugust 22, 2011 (the ‘LoanAgreement”)

C. As statedin the First Modification and SecondModification, C & F hasdefaultedin thepaymentofrentdueunderthe LeaseAgreementand Borrowerrequestedthat Lendermodify thepaymenttermsunderthePromissoryNote.

D. Borrowerhasrequestedthat Lender further modify the Term Loan, which modificationLenderis willing to providepursuantto the Third Modification to PromissoryNote datedJanuary17,2017(the “Third Modification”) asset forth hereinbelow.

NOW, THEREFORE,in considerationof the foregoingpremises,and. in considerationof andtoinduceLender’sfurthermodificationof thePromissoryNoteasdescribedherein,Lenderand Borrowerdoherebycontractandagreeasfollows:

1. Status of Term Loan. The parties acknowledgethat the current outstandingprincipalbalanceunder the PromissoryNote, as of the date of this Third Amendment to Loan and SecurityAgreement,is $740,804.21.

2. Modification ofInterestRate. Effectiveasof January17, 2017, interestshall accrueon theoutstandingprincipalbalanceunderthePromissoryNoteatthe fixed rateof 2.84%perannum.

3. Modification of PaymentSchedule. Thepartiesagreethat the paymentscheduleunderthePromissoryNote shall be modified as follows: CommencingFebruary17, 2017, and continuingon the

17th dayof eachsucceedingcalendarmonth throughJanuary17, 2021,principaland interestshall be dueandpayableunderthePromissoryNote in forty-eight (48) consecutivemonthly installmentsof $16,356.76each. All remainingprincipalandaccruedinterestshallbe dueandpayableon January17, 2021.

4. Reaffirmation of Contingency Funding Commitment by the City of Kingsport. Inconsiderationof theThird Modification of the PromissoryNoteasdescribedherein,Borrowershall causethe City of Kingsport, Tennesseeto reaffirm its commitmentunderthe FundingAgreementdatedAugust22, 2011 to pay to Borrower50% of the amountby which paymentscollected by Borrower from theFacility areinsufficientto makethepaymentsrequiredunderthePromissoryNote.

5. Reaffirmation of ContingencyFundingCommitment_bySullivan_County,_Tennessee,Inconsiderationof theThird Modification of thePromissoryNole asdescribedherein.Borrowershall causeSullivan County, Tennesseeto reaffirm its commitmentunder the Funding AgreementdatedAugust 22.2011 to pay to Borrower50%of the amountby which paymentscollectedby Borrowerfrom theFacilityareinsufficient to makethepaymentsrequiredunderthePromissoryNote.

6. Reaffirmation of Security Interest and Pledge. Borrower hereby acknowledgesandreaffimis its assignment,pledgeand grantof a securityinterestto Lenderin Borrower’s rights undertheFundingAgreementas collateralfor theTermLoanandPromissoryNote.

7. No OtherAmendmentsor Modifications. Excep~as set for the herein,all othertermsandprovisionsoftheLoanAgreementremainin full forceandeffectasoriginally executed.

IN WITNESS WHEREOF, the partieshave causedthis instrument to be executedby theirrespectiveduly authorizedrepresentativesasofthedatefirst writtenhereinabove.

BANK OF TENNESSEE

By: _________________________

JennyDuggerSeniorVice President

THE INDUSTRIAL DEVELOPMENTBOARD OF THE CITY OFKINGSPORT,TENNESSEE

By: ________________________

By:

William D. DudneyChairman

Keith WilsonSecretary-Treasurer

No. 2017-01-09

Attachment#3

THIRD AMENDMENT TO FUNDING AGREEMENT

THIS ThiRD AMENDMENT TO FUNDING AGREEMENT. effective as of January 17,2017, is madeby andamongTHE CITY OF KINGSPORT, TENNESSEE,a municipzii corporationofthe State of Tennessee(herein the “City”), SULLIVAN COUNTY, TENNESSEE, a politicalsubdivision of the State of Tennessee (herein the “County”), and THE INDUSTRIALDEVELOPMENT BOARD OF THE CITY OF KINGSPORT, TENNESSEE, a corporationorganized under T.C.A. § 7-53-101 et ~q., commonlyknown asthe “Kingsport EconomicDevelopmentBoard” (herein“K.EDB”) (the City, County and KEDB sometimesreferredto hereinindividually asa‘Party” or collectivelyasthe“Parties”).

RECITALS:

A. The Partiespreviouslyhaveenteredinto a FundingAgreementdatedasof August22, 2011 (the “Funding Agreement”) pursuantto which the City and County haveundertakencertain contingencyfunding commitmentsto support a loan madebyBank of Tennessee(the “Lender”) to KEDB in the principal amountof $3,500,000(the “Term Loan”), the proceedsof which were used by KEDB to acquire amanufacturingfacility locatedat 10388 Airport Parkway,Kingsport,Tennessee(the“Facility’).

B. Pursuant to LeaseAgreementdated August 23, 2011 (the “Lease Agreement”)KEDB leasedthe Facility to C & F ManufacturingUSA, Inc. (“C&F”) for thepurposeof facilitating C & F’s manufacturingoperationsat suchFacility.

C. C & F defaultedin the paymentof rent due under the LeaseAgreementtherebynecessitatingtheperformanceof theobligationsofthe City andtheCountyundertheFundingAgreementto providefluids to KEDB for thepurposeof makingpaymentsdueundertheTermLoan.

D. Pursuantto the requestof the City, County, and KEDB, Lenderhas previouslyagreed to modify the payment terms under the Term Loan pursuant to FirstAmendmentto Loanand SecurityAgreementdatedApril 3, 2015, andModificationto PromissoryNote datedApril 3, 2015, and Second Amendmentto Loan andSecurityAgreementdatedApril 18, 2016, and SecondModification to PromissoryNote datedApril 18,2016.

E. KEDB hasrequestedthat LenderfurtheramendandextendtheTerm Loan pursuantto a Third Amendmentto LoanAgreementand a Third Modification to PromissoryNote,andLenderhasrequestedthattheCity, CountyandKEDB enterinto this ThirdAmendmentto FundingAgreementin connectionwith suchloanmodification.

NOW, THEREFORE,in considerationof the foregoingpremises,andin considerationof andtoinduceLender’s modification of the Term Loan as describedherein,the City, County and KEDB doherebycontractandagreeasfollows:

1. Statusof Term Loan. The Term Loan is evidencedby KEDB’s PromissoryNote datedAugust 22, 2011, payableto Lenderin the original principal amount of $3,500,000as amendedby theModification to PromissoryNote datedApril 3. 2015, SecondModification to PromissoryNote datedApril 18. 2016, and Third Modification to PromissoryNote datedJanuary17, 2017 (collectively the“Promissory Note”). The Partiesacknowledgethat the currentoutstandingprincipal balanceunde: thePromissoryNote,asof thedateofthis Third Amendmentto FundingAgreement,is $740,804.21.

2. Modification of Interest Rate. Effective January 17, 2017, interest on the outstandingprincipalbalanceunderthe PromissoryNote shall accrueatthe fixed rateof2.84%perannum.

3. Modified PaymentSchedulefor PromissoryNote. CommencingFebruary17, 2017, andcontinuingon the 1

7th day of eachsucceedingcalendarmonth throughJanuary17, 2021, principal and

interestshall be dueandpayablein forty-eight(48) consecutivemonthly installmentsof$l6,356.76each.All remainingprincipal and accruedinterestunder the PromissoryNote shall be due and payableonJanuary17,2021.

4. Reaffirmation of Contingency Funding Commitment by the City of Kingsport. Inconsiderationof themodification ofthePromissoryNoteasdescribedherein,theCity herebyreaffirmsitscommitmentunder the FundingAgreementto pay to KEDB 50% of the amount by which paymentscollectedby KEDB from the Facility are insufficient to makethepaymentsrequiredunderthePromissoryNote, asamendedby the Third Modification to PromissoryNote. All other termsand conditionsof theCity’s fundingcommitmentremainasoriginally statedin theFundingAgreement.

5. Reaffirmationof ContingencyFundingCommitmentby Sullivan County. In considerationof the modification of the PromissoryNote as describedherein, the County hereby reaffirms itscommitmentunder the Funding Agreementto pay to KEDB 50% of the amountby which paymentscollectedby KEDB from theFacility are insufficient to makethepaymentsrequiredunderthePromissoryNote, asamendedby the Third Modificationto PromissoryNote. All other termsand conditionsof theCounty’s fundingcommitmentremainasoriginally statedin the FundingAgreement.

6. Reaffirmationof SecurityInterestand Pledge. The City andCountyherebyacknowledgeandagreethat (i) KEDB hasassigned,pledgedandgrantedto Lendera securityinterestin its rights underthe Funding Agreementas collateralfor the PromissoryNote, (ii) KEDB shall modify the Loan andSecurity Agreementas requiredby Lender to reflect the loan modification as describedin the ThirdModification to PromissoryNote, and, (iii) Lender,asthe assignee,pledgeeandholder of suchsecurityinterest, shall be entitled to enforceKEDB’s rights under the Funding Agreement,as modified by thisThird Amendmentto FundingAgreement,andto apply themoniespayableby the City andCountyundertheFundingAgreement,as modifiedby this Third Amendmentto FundingAgreement,to the moniesduefrom timeto time underthe PromissoryNote, asmodified.

7. No OtherAmendmentsor Modifications, Exceptasset for theherein,all othertermsandprovisionsoftheFundingAgreementremainin full forceand effectasoriginally executed.

8. No PersonalLiability. No member,director,officer, commissioner,electedrepresentativeor employee,whetherpastpresentor future, of the City, County or KEDB, or any successorbody, shallhave any personalliability for the performanceof any obligations of the City, the County or KEDBrespectively,undertheFundingAgreementasmodifiedby this Third Amendmentto FundingAgreement.

IN WITNESS WHEREOF,the Parties have causedthis instrumentto be executedby theirrespectiveduly authorizedrepresentativesasof thedatefirst writtenhereinaboveon thefollowing pages.

THE CITY OF KINGSPORT,TENNESSEE

By: __________________

JohnClarkMayor

ATTEST:

City Recorder

APPROVED AS TO FORM:

J. Michael BillingsleyCity Attorney

SULLIVAN COUNTY, TENNESSEE

By: _______________________

RichardS. VenableMayor

ATTEST:

APPROVED AS TO FORM:

DanielP. StreetCountyAttorney

THE INDUSTRIAL DEVELOPMENTBOARD OF THE CITY OF KINGSPORT,TENNESSEE

By: _____________

William D. DudneyChairman

ATTEST:

KeithWilsonSecretary-Treasurer

Sullivan CountyBoardofCountyCommissioners

232VhAnnualSession

Item 12No. 2017-01-10

RESOLUTION OF THE SULLIVAN COUNTY COMMISSIONFOR ADOPTION OF A REDEVELOPMENT PLAN ANDTAX INCREMENT FINANCING AMENDMENT FOR THE

DOWNTOWN BRISTOL CBD REDEVELOPMENT DISTRICT

WHEREAS, Bristol Housing (“Bristol Housing”) pursuant to the provisions of Title13, Chapter 20, Tennessee Code Annotated, as supplemented and amended, has thepower and authority to administer redevelopment programs located within its statutoryboundaries; and

WHEREAS, Bristol Housing has prepared a document entitled “RedevelopmentPlan for Identified Districts & Study Areas” in conformance with Title 13, Chapter 20, Part2, Tennessee Code Annotated, as supplemented and amended which has been adoptedby the City Council of the City of Bristol, Tennessee pursuant to Resolution No. 06-14;and

WHEREAS, as previously authorized by the Sullivan County Commission, BristolHousing conducted a public hearing on November 30, 2016, to determine the necessityfor the adoption of a Redevelopment Plan for the Downtown CBD Redevelopment Districton behalf of Sullivan County which includes the use of tax increment financing; and

WHEREAS, the comments and findings of said public hearing, along with theProject Proposal for the Downtown CBD Redevelopment District have been presented tothe Sullivan County Commission; and

WHEREAS, Bristol Housing and the City Council of the City of Bristol, Tennesseehave recommended the adoption of the Redevelopment Plan and the proposed taxincrement financing amendment and have also recommended approval of the use of taxincrement financing for a Project known as E.W. King Building to be located within theDowntown CBD Redevelopment District.

NOW, THEREFORE, be it resolved by the Sullivan County Commission as follows:

1. That the Redevelopment Plan for the Downtown CBD RedevelopmentDistrict, along with the proposed Amendment, as presented and recommended by Bristol

Housing. a copy of the Plan and Amendment being attached hereto as Exhibit A andExhibit B, respectively, are hereby approved, and the factual findings contained thereinare affirmed and adopted by the Sullivan County Commission.

2. That use of tax increment financing as described in the Downtown CBDRedevelopment Plan as amended for use in support of the project known as EW. KingBuilding is hereby approved.

3. That the Sullivan County Mayor and Sullivan County Assessor are herebyauthorized and empowered to negotiate and execute all such documents as may bereasonably required to implement this Plan.

4. That Bristol Housing is hereby authorized and empowered to implement theRedevelopment Plan on behalf of Sullivan County through the execution of aRedevelopment Agreement

5. This resolution is restricted solely to the Downtown CBD RedevelopmentDistrict and is not an approval or denial of any other Redevelopment Plan or District.

All resolutionsin conflict herewithbe andthesamerescindedinsofarassuchconflict exists.

Duly passedandapprovedthis _____ day of ,2017.

Attest: _____ _____________________________ Approve: _________ ______

JeanieGammon,CountyClerk RichardS. Venable,CountyMayor

Sponsor: CommissionerMark VanceCo-Sponsor: CommissionerBob WhiteACFION: 01-17-17- 1st Reading;

DOWNTOWN CBD REDEVELOPMENT DISTRICTEW. KING BUILDING PROJECT

TAX INCREMENT FINANCING AMENDMENT

Tax-increment financing (“TIF”) is a redevelopment tool to be administered byhousing and redevelopment authorities codified at Tenn. Code Ann. §~13-20-2O4and205, et. seq. The purpose of TIF is to provide an economic stimulus for blighted propertyin need of redevelopment. Upon adoption of this Amendment, TIF may be utilized tofinance eligible redevelopment costs for a redevelopment project known as the E.W. KingBuilding (“E.W. King Building”) to be located within the existing Downtown CBDRedevelopment District subject to the provisions of this Amendment. The TIF shall beadministered as follows:

A. District History.

The Downtown CBD Redevelopment District was designated as a RedevelopmentDistrict by BRISTOL HOUSING (‘BRISTOL HOUSING”) in 2005. Due to its size and keylocation, redevelopment of this area is a critical component to complete thetransformation of the Downtown CBD Redevelopment District. The E.W. King BuildingProject Area of the Downtown CBD Redevelopment District is shown on the mapattached as Exhibit One (“Project Area”).

The Project Area is recognized as having a potential economic return to the Cityand County primarily due to its desirable location in the heart of downtown’s centralbusiness district. Delay of the redevelopment of this site will continue to have adeteriorative impact on the adjacent commercial areas. The use of TIF will allow theredevelopment of a well-located site which has remained underutilized for decades. Theexisting blighting influence and underutilization would be remediated or eliminated byimplementation of the proposed Redevelopment Project. Redevelopment of this areawould also create approximately 25 new jobs and perhaps more depending on theultimate use of the property. An additional 25 or more persons working and perhapsliving in Downtown Bristol will also provide an economic stimulus to the downtown area.The construction contemplated by the Project will all also create jobs and generate salestax through the purchase of materials.

Based on the foregoing circumstances and conditions, the Board ofCommissioners of BRISTOL HOUSING has determined that the District is blighted asdefined by TCA 13-20-201 et seq. The District experiences the following conditions:

1. Long-term vacant and underutilized property.

2. Deleterious land use.

3. Blighting effect of the continued vacancy and deterioration of the propertyand impact to the surrounding properties.

It is recommended that the project be redeveloped, rehabilitated and/or renovated

in order to correct such blighted and deteriorated conditions.

B. District Zoning and Land Use.

The redevelopment of the District shall comply with the Zoning Ordinances andbuilding codes as well as other applicable rules, laws, ordinances, codes and regulationsof the City. BRISTOL HOUSING shall also review the Plan and any redevelopmentprojects within the District with appropriate City agencies and officials to ensure that thePlan and the proposed redevelopment activities conform with local objectives relating toappropriate land uses, improved traffic flow, public transportation, public utilities,recreation and community facilities and other public improvements and needs. For amore complete description of the requirements and restrictions ofthe Zoning Ordinancesof the City, reference should be made to the Ordinances themselves. This propertyshould continue to be zoned B-2 by the City of Bristol.

The City and BRISTOL HOUSING will cooperate in the planning and constructionof improvements to the streets, roadways, sidewalks, curbs and gutters, parking systems,lighting, landscaping and traffic signalization and control.

C. Estimated Cost of the Prolect.

The total estimated costs of all the proposed improvements to be made byChampion Property Development, LLC (the “Developer”) for the E.W. King Building is $2,800,000.00. The proposed improvements include removal and replacement of theexisting windows and sprinkle system; new elevators, stairwells and restrooms; upgradesto the electrical system, the exterior façade and brickwork; and the build out of one ormore floors to meet the needs of potential tenants (the “Redevelopment Project”). Inaddition, BRISTOL HOUSING will be paid an annual administration fee equal to fivepercent of the total annual tax increment revenue received by BRISTOL HOUSING. TheProject will be located upon Sullivan County Tax Map 0200, Control Map 020D, Group F,Parcel 025.00 which is the sole tax parcel within the Project Area. The TIF shall belimited to eligible expenditures for the Redevelopment Project within the Project Area.

D. Sources of Revenue to Finance the Cost of the Proiect.

The primary sources of revenue to pay for the Redevelopment Project is aninvestment in the amount of $2,800,000.00 from the Developer and tax increment baseddebt (to be issued by the BRISTOL HOUSING in the form of bonds, notes, or otherindebtedness) in an amount not to exceed $ 475,000.00, but in no event in an amount toexceed the estimated amount of debt that can be amortized over the 15 year incrementperiods which are hereby authorized by City of Bristol (the “City”) and Sullivan County,Tennessee (the “County”). Current projections suggest that the tax increment from theproposed improvements within the Project Area will be sufficient to retire this amount ofindebtedness within a fifteen year amortization period for both the City and the County.

The total current property tax assessment for the Project Area is $119,840.00.This results in annual property tax payments to the City in the amount of $2,696.00 andannual property tax payments to the County in the amount of $3,086.36. TheRedevelopment Project would result in a total estimated assessed value for propertywithin the Project Area of $1,200,000.00. Based on current tax rates, this would result intotal estimated annual city taxes of$27,000.00 and total estimated annual county taxes of$ 30,904.80. Because Sullivan County has dedicated $0.2344 of its $25754 tax rate forrepayment of indebtedness and the City of Bristol has dedicated $0.13 of its $2.25 taxrate for repayment of indebtedness, that portion of the increment, pursuant to Tenn. CodeAnn. §~13-20-205and 9-23-1 03, shall not be allocated as provided in Paragraph G belowbut shall be collected and paid to the respective taxing agency as all other property taxesare collected and paid. Thus, the estimated total available increment from SullivanCounty taxes after the administration fee and statutory debt service set aside is $24,716.92. The estimated total available increment from City of Bristol taxes after theadministration fee and statutory debt service set aside is $22,899.39 resulting in anestimated total annual available tax increment from City and County of $ 46,471.42. Adetailed calculation of these estimated projections is attached hereto as Exhibit Two. Theredevelopment of the Project Area will not occur to the degree proposed without the useof tax-increment financing.

E. Amount and the Final Maturity of Bonded or other Indebtedness to beIncurred.

The amortization period for any indebtedness backed by the tax-incrementrevenue generated within the Project Area shall be no more than fifteen years from thedate of issuance of the debt. In any event, the final maturity date of all indebtednessissued pursuant to this Amendment shall be on or before May 15, 2034. Upon retirementof all bonds, loans, or other indebtedness incurred and payable from tax-increment funds,or at such time as monies on deposit in the tax-increment fund or funds are sufficient forsuch purpose, all property taxes resulting from the incremental development of theproject shall be retained by the appropriate taxing agency for disbursement according tolaw.

F. Impact ofthe Tax-Increment Financing Provisions Upon Taxing Agencies.

The total assessment of the City of Bristol’s real property tax base for the 2016 taxyear is approximately $ 608,567,930. The total assessment of Sullivan County’s realproperty tax base for the 2016 tax year is approximately $3,099,352,235. The currentassessment of the Project Area represents 0.0002 % of the City of Bristol’s property taxbase and 0.000039% of the Sullivan County property tax base. The estimatedassessment of the Proposed Improvements would represent 0.002 % of the current Cityof Bristol tax base and 0.00039 % of the current Sullivan County tax base. Based onthese small percentages, the City and the County (the two taxing agencies affected by

this Redevelopment Project) will not be substantially impacted financially by thistax-increment financing provision.

The development of the Redevelopment Project will result in additional workersand economic activity within the Redevelopment District. It is estimated approximately20 total jobs could be created during the construction phase of the RedevelopmentProject with total wages in excess of $1,000,000.00 which results in significant local taxesand other revenue for local governments. In addition, the long term impact includes theaddition of workers to the Downtown area and creates a total of approximately 25 jobswhich with total wages of almost $1,000,000.00 annually resulting in significant localtaxes and other revenue for local governments. While all these numbers rely on certainassumptions and projections, the end result of the Redevelopment Project is that a a longunderutilized building will be redeveloped, jobs will be created and the City and Countywill receive a substantial economic boost.

G. Division of Property Taxes.

Upon approval of this Amendment, the taxes levied and collected over the ProjectArea shall be collected by the appropriate taxing authorities in the same manner asprovided by law, except that said taxes shall be divided as follows:

1. The portion of the taxes which would be produced by the rate atwhich the tax is levied each year by each taxing agency, upon the assessed value of suchproperty within the Project Area as of the 2016 tax year (which is the year of approval ofthis TIF amendment) (“Base Assessment”), shall be allocated to, and when collected,shall be paid to, the respective taxing agencies as taxes levied by such taxing agencieson all other property are paid; provided, that in any year in which taxes of the Project Areaare less than the Base Assessment and the Dedicated Taxes, there shall be allocatedand paid to those respective taxing agencies only those taxes actually imposed andcollected; and provided further, that, in any year or years in which the Base Assessmentwould be diminished solely due to a rate reduction under Title 67, Chapter 5, Part 17, ofthe Tennessee Code, the Base Assessment shall nevertheless be established at theamount originally determined.

2. Subject to the restraints herein and applicable law, all the taxeslevied in each year in excess of the Base Assessment and Dedicated Taxes shall beallocated to and, when collected, shall be paid into a special fund or funds of BRISTOLHOUSING to pay the administration fee and to pay the principal of and interest on anybonds, loans or other indebtedness incurred or to be incurred by BRISTOL HOUSING tofinance or refinance, in whole or in part, eligible redevelopment expenses of theRedevelopment Project contemplated by the Redevelopment Plan, and such otherexpenses as may be allowed by law.

3. Upon retirement of all bonds, loans or other indebtedness incurredby BRISTOL HOUSING and payable from such special fund or funds, or at such time as

monies on deposit in such special fund or funds are sufficient for such purpose, all taxeslevied each year in excess of the Base Assessment and Dedicated Taxes shall, whencollected, be paid to the respective taxing agency as taxes levied by sucn taxing agencieson all other property are paid, and BRISTOL HOUSING shall give notce to all affectedtaxing agencies of ~;uchretirement. Excess taxes beyond amounts necessary to fund orreserve for eligib!e expenditures may be applied to principal and interest of debt incurredto finance such eligible expenditures or shall revert to the taxing agency genera~fund, Inany event, the division of property taxes required by this document shall not continue forany tax year beyond 2033.

H. Property Tax Assessments and Collection.

1. The appropriate assessor shall, in each year during the period inwhich taxes are to be allocated to BRISTOL HOUSING pursuant to Paragraph G,compute and certify the net amount, if any, by which the current assessed value of alltaxable property located within the Project Area which is subject to taxation by theparticular taxing agency exceeds the base assessment. The net amount of any suchincrease is referred to in this subdivision as the incremental value for that particular year.

2. In any year in which there exists a tax increment to be allocated toBRISTOL HOUSING, the appropriate assessor shall exclude it from the assessed valueupon which the appropriate assessor computes the tax rates for taxes levied that year bythe taxing agency. However, the assessor shall extend the aggregate tax rate of suchtaxes against the Base Assessment and the incremental value and shall apply the taxescollected there from as provided herein.

3. If in any year property comprising a portion of the Project Area shallbe removed from the tax rolls of a taxing agency, the Base Assessment for the ProjectArea shall be reduced by the amount of the Base Assessment allocable to the property soremoved for each subsequent year in which taxes are to be allocated to a particularauthority pursuant to the above provisions.

I. Documentation for Assessor’s Office.

Upon approval of this Amendment, BRISTOL HOUSING shall transmit to theassessor of property and the chief financial officer for each taxing agency affected, a copyof the description of all land within the Project Area (including tax parcel numbers), thedate or dates of the approval of the redevelopment plan or amendment thereto, a copy ofthe resolution approving the redevelopment plan or approving an Amendment thereto, amap or plat indicating the boundaries of such property and the Base Assessment withrespect to the Project Area, and taxes shall thereafter, when collected, be allocated andpaid in the manner provided herein.

J. Excluded Taxes.

Notwithstanding anything to the contrary in this section, taxes levied upon propertysubject to tax-increment financing provisions by any taxing agency for the payment of

principal of and interest on all bonds, loans or other indebtedness of such taxing agency,and taxes levied by or for the benefit of the State of Tennessee (herein “DedicatedTaxes”), shall not be subject to allocation as provided in Paragraph G but shall be leviedagainst the property and, when collected, paid to such taxing agency as taxes levied bysuch taxing agency on all other property are paid and collected.

K. Interpretation.

This tax-increment financing amendment is being proposed pursuant to Twin.Code Ann. § 13-20-201, et. seq. and Tenn. Code Ann. § 9-23-101, et. seq. and allrelevant provisions are hereby incorporated herein by reference. All provisions of thisAmendment shall be construed in a manner consistent with said Code sections.

L. Conditions of Tax Increment.

BRISTOL HOUSING shall enter into a redevelopment agreement with Developerwhich requires Developer to pursue and complete the Redevelopment Project in adiligent manner, and in accordance with plans and specifications approved by BRISTOLHOUSING. The redevelopment agreement to be entered into between BRISTOLHOUSING and Developer shall contain such terms as BRISTOL HOUSING believesreasonably necessary to accomplish this purpose.

EXHIBIT ONE

MAP OF E.W. KING BUILDING PROJECT AREA LOCATED IN DOWNTOWN CBDREDVELOPMENT DISTRICT

EXHIBIT TWO

TIF ESTIMATEE.W. KING BUILDING PROJECT AREA

DOWNTOWN CBDREDEVELOPMENT DISTRICT

Total Original Assessed Value $119,840.00County Tax Rate 2.5754City Tax Rate 2.25Total Proposed Assessed Value $1,200,000.00County Debt Service Set Aside 0.1667City Debt Service Set Aside a. 13Total Proposed County Taxes $30,904.80Current County Taxes $3,086.36Proposed County Increment $27,818.44County Debt Service Set Aside $1,800.63Total Available County Increment $26,017.81Net County Increment after Fee $24,716.92Total Proposed City Taxes $27,000.00Current City Taxes $2,696.40Proposed City Increment $24,303.60City Debt Service Set Aside $1,404.21Total Available City Increment $22,899.39Net City Increment After Fee $21,754.42

Net Available City and County Increment $46,471.34

Sullivan CountyBoardofCountyCommissioners

237vhAnnualSession

Item 13No. 2017-01-11

To theHonorableRichardS. Venable,Sullivan CountyMayorand the Board of Sullivan CountyCommissionersmeetingin RegularSessionthis

17th dayof January2017.

RESOLUTION To Approve EstablishingAn Annual Appropriation To Rocky MountHistoricalAssociationFor ServicesTo Sullivan County

WHEREAS,Rocky Mount StateHistoric Sitehasbeenapopulartouristsiteand destinationforvisitors to Sullivan Countyfor over 50 years. Eachyearapproximately14,000visitors tour thehistoric site from mid-Marchthroughthefirst ofDecember;and

WHEREAS, Rocky Mount is only partially ifinded by the state(27%) and relies heavilyupontours,schoolgroups,anddonationsfor funding;and

WHEREAS, Rocky Mount has been accommodatingand welcoming in providing SullivanCounty citizensin the Piney Flats communitywith a location to adequatelyserve as a votingprecinct. Additionally, Rocky Mount staffarestill neededto work thosedaysto provideservicesthat areneededto assistwith electionofficials and voters. Rocky Mount is the most logicallocation for a voting precinct in the Piney Flats areaand the ElectionCommissionwishestocontinueto utilize this facility in the future.

NOW, THEREFORE BE IT RESOLVED that the Board of County CommissionersofSullivan County,Tennessee,assembledin RegularSessionherebyapprovesestablishinganannual appropriationof $1500.00to the Rocky Mount Historical Association for theirservicesto Sullivan County. Said appropriation beginning in the FY 2016-17with fundsbeingappropriated from the General Fund. Account Codesto be assignedby the Directorof AccountsandBudgets.

This resolutionshall takeeffectfrom andafterits passage. All resolutionsin conflictherewithbeandthesamerescindedinsofarassuchconflict exists.

Approvedthis ________ day of________________2017.

Attest: _________________________________ Approve:____________________________________Jeanie Gammon, County Clerk Richard S. Venable, County Mayor

SponsoredBy: CommissionerAndy HareCo-Sponsor(s): CommissionerSherryGrubbACTIONS:

1st Reading01-17—17;

Sullivan CountyBoardofCountyCommissioners

237thAnnualSession

IN RE: Sullivan County,Tennesseeand TheSullivan CountyBoardofEducationV.

TheCity ofBristol, TennesseeandTheCity ofKingsport, TennesseeCivil ActionNo. B0024737

Motion in Regardsto Civil Action No.B0024737

WHEREAS,on this 17th day ofJanuary,2017,the Sullivan CountyCommissionconvenedinRegularSessionandwas provided an update by County Attorney Daniel P. Street in regardsto the statusof theabovecaptionlawsuit; and

WHEREAS, Commissioner White made a motion thatSullivan Countyjoin togetherwith othercountiesin the Court of Appeals trying to resolvethis sameliquor-by-the-drinkissuein a consolidatedeffort to expeditethismatterthroughthejudicial system.

Second by Commissioner Hprp & Rcit.vnry

Said motion, second, and vote enteredinto the record of the Sullivan County Board ofCommissionersthis 17th thy ofJanuary,2017.

E~t4J4~LachardS. Venable,Sullivan County Mayor

S

est: JeanieGammon, ullivan CountyClerk

Approved 01-17-17

AND THEREUPON COUNTY COMMISSION ADJOURNED UPON

MOTION MADE BY COMM. WHITE TO MEET AGAIN IN REGULAR

SESSION FEBRUARY 21, 2017.

RICHARD VENABLE

COMMISSION CHAIRMAN