1-TENNESSEE TOWN & CITY/NOVEMBER 23, 2009 www.TML1.org

6,250 subscribers www.TML1.org Volume 60, Number 19 November 23, 2009

Hoping for rain is not a plan State agencies pushing for drought Make plans to attend plans for community water systems BY CAROLE GRAVES TML District Meetings TML Communications Director When the final session of the 106th TN General Assembly convenes In the wake of the state’s most in January, state government leaders will address numerous issues of severe drought in Tennessee history, interest and concern to Tennessee’s towns and cities. a special study committee for water To educate our membership on the potential impact these issues planning is exploring how to manage might have on municipalities before lawmakers begin their deliberations, the state’s water supply to meet fu- TML has scheduled district meetings across the state beginning in ture demands and to better prepare December. for another emergency situation. TML staff will be on hand to present updates on the latest events and The summer of 2007 marked the news affecting municipalities at the state and national levels, as well as driest and hottest on record, with one present the League’s 2010 legislative agenda. community water system running It is vital that municipal officials take this opportunity to attend these completely out of water, while about meetings to prepare for the upcoming session. 75 systems imposed some type of water restrictions that affected more The following district meetings have been scheduled than 500,000 people. And although state officials praised communities for their inter- District 1 Dec. 1, 2009 Johnson City 9:30 - 11:30 a.m governmental cooperation in avert- Public Library ing what could have been a crisis, the 2007 drought helped highlight many District 2 Dec. 2, 2009 Gatlinburg Mills 11:30 a.m. - 2 p.m. of the difficulties and inconsisten- Conference Center cies of managing resources among the 490 public water systems in Ten- With record rainfall shortages combined with unusually high tempera- District 3 Dec. 3, 2009 Collegedale 9 - 11 a.m. nessee. tures at or above 100°F, water in some community retention ponds City Hall Some of the observations made were nearly dry during the 2007 drought. during the 2007 drought included: District 4 Jan. 8, 2010 Livingston 11 a.m. - 1:30 p.m. water use restrictions were not en- ter Planning is consideration of when dealing with a drought,” said City Hall acted and enforced with consis- whether or not community water Rep. Bill Harmon, study committee tency; conservation goals were not systems should be required to adopt chairman. Harmon said that during District 5 Jan. 11, 2010 Hendersonville 10:30 a.m.- 1 p.m. always met; and the burden to pro- drought management plans with the 2007 drought, some communi- vide services was not spread evenly specific guidelines for all water sys- ties in his district enacted conserva- Public Library across public water systems. tems, including how to enforce those tion measures from limiting lawn One of the issues before the Spe- plans in times of a drought. watering to shutting down public District 6 Jan. 15, 2010 Brentwood 10 a.m. - 1 p.m. cial Joint Study Committee for Wa- “I just want some consistency See WATER on Page 7 Public Library District 7 Dec. 9, 2009 Humboldt 9 -11 a.m. General Hospital State Fire Marshal’s Office seeks Conference Center input on residential sprinklers District 8 Dec. 8, 2009 Bartlett 10 a.m.- 12 noon Performance Arts BY RAY CROUCH or before May 1, MTAS Fire Management Consultant 2010. Center It is the official The 2009 session of the Tennes- position of the U.S. see General Assembly amended cur- Fire Administration FCC approves shot-clock rent law so that the building code that all Americans now applies to one- and two-family should be protected homes. This was done primarily to against death, in- in cellular tower sitings bring Tennessee homes to a higher jury, and property The Federal Communications FCC’s deadline was reasonable and energy code standard. Tennessee loss resulting from Commission (FCC) unanimously thus not contrary to Sec. ranks number one out of the 50 states fire in their resi- adopted an “shot-clock” order that 332(c)(7)(B)(ii). in energy consumption per house- dences. All homes effectively preempts local zoning of The proposal requested by the hold. should be equipped cellular towers. cellular telephone industry origi- In addition to energy, one- and with smoke alarms On Nov. 18, the FCC unani- nally asked for a 45 and 75 day “shot two-family homes will be subject to and automatic fire mously adopted an order estab- clock” for municipalities to act on inspection by either local or state sprinklers, and fami- lishing presumptive deadlines of 90 local zoning applications concern- inspectors with regard to plumbing, lies should prepare days (for co-location applications) ing the siting of cellular towers. mechanical, and general construc- and practice emer- and 150 days (for all other wireless The National League of Cities tion standards. This process will en- gency escape plans. siting applications) within which a (NLC), U.S. Conference of Mayors sure that the homeowner lives in a The Department local government must act on (USCM), the National Association well-constructed house. of Commerce and wireless companies requests for sit- of Counties (NACo), and the Na- The General Assembly specifi- Insurance has called It is the official position of the U.S. Fire Administra- ing of new towers or co-locating on tional Association of Telecommuni- cally exempted one- and two-family for input from any- tion that all homes should be equipped with auto- existing towers. cations Officers and Advisors homes from having to meet the resi- one interested in this matic fire sprinklers and smoke alarms. If the local government fails to (NATOA) filed joint comments in dential sprinkler requirements in topic and specifi- act before that deadline, then opposition to the petition submitted section 19 (8) of Public Chapter 529. cally from the Tennessee Fire Chiefs 3rd Floor, Nashville, Tenn, 37243. the local government is presumed from CTIA, The Wireless Associa- However, they required the Depart- Association and the Home Builders A rule making hearing on the not to have acted within a “a reason- tion. ment of Commerce and Insurance, Association. All written materials adoption of rules to implement a resi- able period of time” within the In their statements, the organi- [Section 19 (9)], which has building must be provided to the Department dential building codes program in meaning of Sec. 332(c)(7)(B)(ii) of zations stressed that the FCC’s pro- code enforcement authority within by Dec. 31, 2009. Tennessee, as well as make changes the Communications Act, and the posed action directly violates the the State Fire Marshal’s Office, to Materials should be sent to: to the rules for the Fire Prevention wireless applicant is entitled to take Telecommunications Act Congress seek public input on whether resi- Jim Pillow, Assistant Commissioner Division’s Codes Enforcement Sec- the local government to court. As a passed in 1996 which preserves lo- dential sprinklers are cost effective Dept. of Commerce and Insurance tion is scheduled for Jan. 6, 2010 at 1 standard operating procedure, the cal zoning of cell towers and di- and to report the results of such ATTN: Residential Sprinkler Analysis p.m. in the Tennessee Room at the FCC made clear that once in court, rected the FCC to dismiss proceed- analysis to the General Assembly on 500 James Robertson Pkwy Snodgrass Tower in Nashville. the local government is entitled to ings that would have restricted local prove that its failure to act within the See CELL TOWER on Page 6 New open meetings forum through Transportation stalemate the Internet not used by city officials continues in Congress BY MELISSA ASHBURN technical limitations;” is then evaluated by Open Records MTAS Legal Consultant • Provide “adequate public notice” Counsel, who will report within 30 of use of the forum; days whether or not the plan com- structure Committee Chair James BY LESLIE WOLLACK This year, the General Assem- • “Control who may communicate plies with the requirements. If the Oberstar pushed for Congressional Nation’s Cities Weekly bly adopted Public Chapter No. 175 through the forum;” plan fails to comply, Open Records action on a six-year bill. which permits local government of- • “Control the archiving of the Counsel will provide written com- Long-term prospects for the leg- The stalemate over extending ficials to participate in meetings via electronic communications to en- ments to the governing body. No islation and increased revenues to the nation’s surface transportation Internet forum, but the requirements sure that the electronic commu- Internet forums are allowed under support an expanded program for laws continued in Congress and the that must be met may discourage nications are publicly available the law until the office issues a report federally funded transit, highway future remains uncertain. cities from availing themselves of for at least one (1) year,” and of compliance. and bridge programs are unclear. The Senate Environment and this option. access to the archived communi- Open Records Counsel Elisha The Oberstar proposal would Public Works Committee earlier This law expands a recent pilot cations must be “user-friendly Hodge reports that no such plans expand transit funding, establish this month abandoned plans to send project in Knox County by making for the public;” and have been approved for cities at this performance measures for states and a six-month extension of the expired the option available to all local gov- • “Provide reasonable access to time. The submissions she has re- local governments, require more surface transportation bill, which ernments. Codified at T.C.A. § 8-44- members of the public to view ceived so far lack the specificity re- intermodal planning and decision- ran out on Sept. 30, to the Senate 109, the law permits governing bod- the forum at the local public li- quired by law, and further lack docu- making by the U.S. Department of floor in hopes of reaching an agree- ies to “allow electronic communica- brary, the building where the gov- mentation that the governing bodies Transportation to encourage a more ment with the House. Instead, trans- tion between members by means of a erning body meets or other pub- are committed both to submitting a livable communities approach, es- portation funding for state and local forum over the Internet” only if spe- lic building.” plan for her review and to maintain- tablish a national infrastructure governments will be continued cific requirements are met. The law further requires that ing the forum in accordance with the bank and establish a limited metro- through a continuing resolution Before permitting such Internet such Internet forums “shall not sub- requirements. politan mobility program to provide containing funding for other federal discussions, the governing body stitute for decision making by the For that reason, Hodge requests more authority to local govern- programs through Dec. 18. must: governing body in a meeting.” that plans submitted to her office ments. The House earlier passed a • Ensure that the forum be “avail- Before city officials may hold contain a resolution, stating that the While several Senate commit- three-month extension of surface able to the public at all times such Internet chats, the governing governing body approves of the plan tees have adopted an 18-month ex- transportation programs while other than that necessary for tech- body must file a plan with the Office and the submission of the plan to the House Transportation and Infra- See TRANSPORTATION, Page 6 nical maintenance or unforeseen of Open Records Counsel. The plan SeeFORUM on Page 4 www.TML1.org 2-TENNESSEE TOWN & CITY/NOVEMBER 23, 2009

the city doesn’t have. The purchase comes as crews continue work on the Columbia Avenue police headquar- ters — a $36 million project that will house the new equipment.

BY TML STAFF REPORTS GATLINBURG A National Park Service study has BARTLETT ranked the Great Smoky Mountains The city held a ribbon cutting for National Park as tops in visitor their new $420,000 fire department spending. The study estimates the administration building which will Smokies’ nine million visitors in bring the fire department’s adminis- 2008 spent more than $800 million trative staff together under one roof. on lodging, fuel, food, gifts and The Administration had previously amusements in the park’s gateway been housed in three different fire communities, including Gatlinburg, stations. The building features more Fire Chief Terry Wiggins, Mayor Pigeon Forge and Cherokee, N.C. Photo courtesy of The TN Dept of Tourism than 2,800 square feet for offices, a Keith McDonald and Shelby That’s nearly twice as much as the Tennessee Gov. Phil Bredesen and Tourism Commissioner conference room, and a plan review County Mayor Joyce Avery cel- $423 million spent by visitors to Susan Whitaker are surrounded by state and local officials room. ebrate the grand opening of Arizona’s Grand Canyon, which fin- at the unveiling of the Discover Tennessee Trails and Byways Bartlett’s new Fire Administrative ished second behind the Smokies. It sign in Franklin. CLEVELAND Building. also means that each visitor to the Municipal buildings here have al- Smokies is worth, on average, about match.The $10 million project will SMYRNA most reached the city’s goal of a 15 Old Tennessee : Settlers to Soldiers $88 to the local economy. The study include the geothermal heat pump, The Department of Veterans Af- percent energy reduction about Trail,” which will loop through said that level of spending supports as well as construction, demolition fairs has announced the award of a eight months ahead of schedule. western Williamson and Maury some 14,569 jobs in Smokies com- and design work. 20-year lease for the Mid-South Last year the council set a goal of Counties, highlighting parks, his- munities. Consolidated Patient Account reducing energy consumption in torical sites, places to eat and enter- OAK RIDGE Center. The 60,250-square-foot city buildings and vehicles. The tainment venues in places like LOBELVILLE An automotive manufacturer could call center will be located at 1412 deadline is June 30, 2010. Depart- Leiper’s Fork, Columbia, Spring A $500,000 Community Develop- be interested in building a large fa- Hazelwood Drive in Smyrna, home ment heads each have had their own Hill and Thompson’s Station. The ment Block Grant will assist in infra- cility in Oak Ridge and the city’s of the current Tennessee Expo goals to reach, with regular reports trail is part of the Discover Tennes- structure improvements along the Industrial Development Board has Center. Renovating the building to to the council on progress. Cleve- see Trails and Byways program, Deer Creek vicinity of Lobelville in agreed to help out by providing 20 VA specifications is expected to land Fire Chief Chuck Atchley said which aims to have 15 such trails Perry County. The funds will be acres of land at the Horizon Center cost about $5 million and construc- all five city fire stations are ex- across the state. The Department of used to construct water line exten- industrial park on the west end of tion of the facility is scheduled to amples of energy savings. The Ten- Tourist Development led the charge, sions to serve 124 homes. Funding town. The city voted 7-0 to possibly be completed by August 2010. The nessee General Assembly last year but several departments came to- for the $725,000 project will include spend $190,000 of its own funds on call center is part of a Department passed a resolution, applauding the gether to help craft the project as a $225,000 in local funds. The grant land for the venture. But the board of Veterans Affairs initiative to effort as an example of what munici- vehicle for economic development. dollars were provided by the U.S. expects to replenish the funds fairly improve billing and collection ac- palities can do to conserve. Department of Housing and Urban quickly, according to IDB Chairman tivities throughout its network of FRANKLIN Development and were allocated Doug Janney. The unnamed com- 153 medical centers and more than CLINTON The city is making a $1.45 million under a procedure authorized by the pany, which could employ 50 people 1,400 clinics across the United A U.S. company involved in the switch from analog to digital equip- Tennessee General Assembly. in Oak Ridge, might need between States. It will provide traditional solar energy industry is eyeing ment for its emergency dispatch and 20 and 40 acres for the project and is revenue functions for all Veterans Clinton for a $400 million plant that 911 services. Aldermen serving on OAK RIDGE apparently looking at several sites in Health Administration treatment would employ 500 people. Clinton the city’s Budget and Finance Com- Oak Ridge City Center LLC has Tennessee and other states. locations within Veterans Inte- is one of three finalists nationwide mittee gave their first approval to been selected to receive a federal grated Service Networks 9, 16 and and the only Tennessee prospect for spend $849,050 to outfit the new grant worth up to $5 million for a PIGEON FORGE 17. the project, code-named “Project police headquarters with digital ra- large-scale geothermal demonstra- Retirement Lifestyles Magazine has Diana” by the state. The City Coun- dio dispatch work stations. Sepa- tion project. The project would in- picked Sevier County as one of the TULLAHOMA cil voted unanimously to reduce the rately, Franklin’s 911 phone system stall a hybrid geothermal system in top 11 Southern retirement hotspots. A Governor’s highway safety grant price of 40 acres of land in its I-75 would be upgraded at a cost of portions of a redeveloped City Cen- The upcoming quarterly edition of of $30,000 will support traffic con- Industrial Park to help recruit the $601,888, according to the agree- ter, commonly referred to as “the the publication cites the county’s trol initiatives for the Tullahoma solar company. Tim Thompson, the ments. While the city has been im- mall,” and help lower operating stable to strong economy, the variety Police Department. The grant will county’s industrial recruiter, said proving its technology for years — costs, using the constant tempera- of activities, the moderate cost of be used to purchase five solar pow- the company is expected to decide moving to an 800-megahertz digital ture of the Earth to help heat and cool living and the beauty of the Smoky ered radar speed signs to be de- where to build within the next two radio system and starting the instal- buildings. A good portion of the U.S. Mountains. Editors said Gatlinburg, ployed in city school zones. They months. lation of an internal Wi-Fi network Department of Energy grant — Pigeon Forge and Sevierville are are portable enough to be moved to — its dispatch and emergency about 20 percent of the cost — will great choices for relocating retirees different locations. “This is part of FRANKLIN equipment have remained analog. be used for research on innovative from other states. The 10-year-old our ongoing program to educate the The first of 15 regional trails was As a result, calls coming into the systems, said David Thrash of Hard magazine has about 100,000 readers public on traffic enforcement and formally opened in Franklin as part system must now be translated from Oak LLC, redevelopment manager each issue. It focuses on communi- encourage compliance and aware- of a project designed to bring tourist digital to analog by a device. for Oak Ridge City Center LLC. The ties and lifestyles for prospective ness,” said Tullahoma Police dollars off interstates and onto local Franklin would keep the analog sys- federal award is a cost-shared grant retirees across the country Chief Paul Blackwell. streets. Gov. Bredesen unveiled the tem as a backup system, something and will require a 50 percent Pegram firefighters lauded for heroism, exemplary duty

BY TML STAFF REPORTS she served as deputy clerk, business Dr. Tim Webb, tax inspector, junior accountant and Tennessee’s Athens Director purchasing assistant. She has served commissioner of of Schools Craig as president of East Tennessee Pur- education has Rigell has been chasing Association and Tennessee been selected as selected as Association of Public Purchasing. Cheatham Southeast County’s new Tennessee’s Su- Don Spain, 71, has died at his home schools director. Webb perintendent of in Nashville. Spain, a native of Old Webb, who is in contract negotia- the Year. He has Hickory, produced Legislative Re- tions with the school board, would been Director of Rigell port, a weekly recap of activities in start July 1. Webb became education Schools for the Athens City School the Tennessee General Assembly commissioner in 2008. System since July 1, 2000. Before broadcast statewide on public tele- joining the system, he served 25 vision stations since 1983. Spain Former Alderman Don Weaver has years with the Oak Ridge City previously worked for WSM-TV in been hired as Bluff City’s first city School System, as a science teacher Nashville and as a spokesman for the manager. According to the city’s an then vice principal for 10 years at Tennessee Highway Patrol. He es- charter, the manager is responsible Photo by Randy Moomaw/The Times Robertsville Junior High School. He tablished Capitol Media Service in for handling many administrative Pegram Fire Chief Brent Stuart and Rep. Phillip Johnson honored two also served as principal for 12 years 1980 and served as president since duties, including supervising its Pegram volunteer firefighters for bravery and exemplary duty in their at Willow Brook Elementary that time. Spain is survived by his employees, drafting its budget and Sept. 22 rescue of Julie Caruso from her burning residence in School. He is married to Ann L. wife, Doris, and son Jason, a legisla- seeing that laws are enforced. These Kingston Springs. Pictured (left to right) Chief Stuart, Engineer Rigell, Director of Employment De- tive liaison for Gov. Phil Bredesen. duties fall to the mayor if there is no Nathan Stanley, Lt. Michael Fennell and Rep. Johnson. velopment and Performance for Oak town manager. Ridge Associated Universities. Izetta Slade Mu- Lt. Michael Fennell and En- men had completed long shifts at nicipal Technical gineer Nathan Stanley received their primary jobs prior to the Melinda Carroll Advisory Service Andrew Hyatt, three standing ovations as they incident. has been appointed Training Program of Etowah, has were honored in a special cer- Fennell and Stanley humbly as assistant city Manager has re- been offered emony during the monthly Pegram accepted honors from their chief, manager by Cleve- tired with 10 years the position of Board of Mayor and Aldermen Brent Stuart. “In the 10 years I’ve land City Manager of service to the city manager by meeting. had the pleasure to be the fire Janice Casteel. University of Fairview’s The firemen saved the life of chief here, it is men like these that Carroll has worked Tennessee. Her Slade Board of Com- Kingston Springs resident Julie make my job easier,” Stuart said. for the city since husband, Larry Slade, accepted a missioners. Caruso on the morning of Sept. 22 Rep. Phillip Johnson pre- 1984 and has position last year on the coaching Hyatt will re- Hyatt when they pulled her from her sented the men with a resolution served as purchas- Carroll staff at the University of Louisville, place retiring City Manager Shirley burning home in conditions of ex- from the Tennessee General As- ing agent since 1992. Prior to that, where the Slades will reside. Forehand. treme heat and zero visibility. Both sembly.

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Office: (931) 433-6907 FAX: (931) 433-9714 Toll Free (888) 752-7126 Email: [email protected] 3-TENNESSEE TOWN & CITY/NOVEMBER 23, 2009 www.TML1.org Cities coming around to roundabouts BY VICTORIA SOUTH places where one vehicle can strike TML Comunications Coordinator another by a factor of four,” esti- mates Vanderbilt. Will the circle be unbroken? It Eliminating idling time at traf- certainly looks that way as modern fic lights can also reduce vehicle roundabout success stories sweep emissions substantially as well as the nation. Conceptually different reduce fuel consumption by 30 per- than the larger traffic circles con- cent, according to the Insurance In- structed in the mid 1900s, modern stitute for Highway Safety. roundabouts are more compact, one- However, with more than 20 way, circular intersections built modern roundabouts successfully around a raised center island that installed at dangerous intersections could feature statues, sculpture, in Tennessee, some states and cities flower beds or other visual elements. have been slow to build round- A tighter radius and design fea- abouts, and some are even opposed tures such as directional markings, to building them, according to the splinter islands and entry deflection Insurance Institute. help moderate traffic flow and keep “The principal impediment is roundabout speeds low, about 15-20 the negative perception held by mph in urban settings and 30-35 in some drivers and elected officials,” rural areas. the Institute says. This sentiment Driving etiquette is pretty echoes a common thread shared by Photo by Victoria South straightforward. Modern round- traffic engineers across the state— abouts require drivers to be respon- public opinion concerning “Musica” installed at one of Tennessee’s first modern roundabouts at Music Row in Nashville, is one of the sible for their actions, reduce their roundabouts can be a “full circle” more well known art works in Music City. speed upon approach and remain on process—beginning with apprehen- put it in… “There’s almost no morn- the lookout for vehicles, bicyclists sion and ending with acceptance. ing traffic anymore.” and pedestrians as they travel coun- “For communities that haven’t “Roundabouts, by their nature, terclockwise and proceed to the ap- had them, there’s a general concern and by their design, are the most propriate exit. efficient form of inter- Drivers entering a mod- “I could never imagine how it would work. I would drive by section traffic control,” ern roundabout always yield while they were constructing it and I just couldn’t visualize said VanWinkle. “It’s to the already circling traffic it.” —Jennifer Green, Chattanooga citizen. like a ballet, you just inside. “You are not in a breeze in and breeze out modern roundabout if you are ex- that people will not be able to under- and it just keeps moving, constant pected to yield to entering drivers or stand how they operate or how to motion.” if you encounter traffic lights or stop drive through them,” said John “What makes us unique is that signs,” notes Slate Magazine’s Tom VanWinkle, Chattanooga City Traf- back in the early 1900s, we had traf- Vanderbilt in the article “Don’t Be fic Engineer. Chattanooga is cur- fic circles in our original planned So Square: Why American Drivers rently a leader in roundabout devel- community,” said Michael Thomp- Should Learn to Love the Round- opment and implementation with son, Kingsport assistant Public about.” approximately 12 completed round- Works director and former traffic Eliminating left turns against abouts and four more in design. engineer. oncoming traffic, roundabout statis- VanWinkle recalls a negative public “While modern roundabouts tics reflect greater safety and effi- opinion poll concerning two two- may take up a larger footprint and ciency than traditional intersections. lane roundabouts installed at a high are more expensive than signalized Statistics by the Federal High- crash intersection at Chattanooga’s intersections, an estimate of way Administration (FHWA) as re- Chickamauga Lock & Dam. $623,000 as opposed to $150,000, ported by the American Council of “There was a lot of bad publicity there is virtually no maintenance, no Engineering Companies (ACEC) of about it, a lot of hearsay,” he said. traffic bulbs and increased commu- Tennessee, state that through the However, public opinion swiftly nity safety,” Thompson said. years roundabout intersections re- changed once the roundabouts were The FHWA estimates the typi- duced injury crashes by up to 76 in operation, according to cal lifespan of a traffic signal to be percent, pedestrian crashes by up to VanWinkle. Man on the street com- 10 years, while the service of a 30-40 percent and fatalities by up to ments sum it up succinctly: “It was roundabout is approximately 25 90 percent when compared to signal- much more efficient, no idling, no years, according to ACEC. The ized and stop controlled intersec- slow down… “People figured it out FHWA also estimates a roundabout Kingsport’s modern art sculpture, Yo Yo’s Muse, is a $30,000 piece tions. very quickly… “We don’t have the saves about $5,000 per year in elec- purchased through public donations. Placed in the main center island “They reduce the number of same problems we used to since we tricity and maintanance costs. of the city’s first modern roundabout. The artwork turns and moves with Kingsport has high the breeze. hopes that the second modern roundabout they formerly had traffic signals 75 feet signed roundabout saves lives,” said are preparing to install as apart where two roads triangled pro- Murphy and Spann. a gateway entrance to the hibiting traffic flow. “While we have largely stayed riverfront district will not “It used to be backed up all the out of this discussion, we certainly only provide added secu- time,” said Thompson. Now, the favor any engineering development rity at a difficult intersec- traffic flows as easily as Yo Yo’s that improves roadway safety,” said tion, but will increase Muse, the modern artwork in the Michael Fann, director of Loss Con- tourism in the area as center island. The $30,000 sculp- trol, TML Risk Management Pool. well. ture is designed to turn and bend “While the safety results appear “People stop a lot at with the breeze. to be very favorable, we leave this this intersection and we In his article, Vanderbilt notes decision to the traffic engineers and have a need for logical that while the United States is home the local officials.” traffic flow,” Thompson to roughly 2,000 modern round- Roundabouts do not work for said. “We’re in the pro- abouts, the concept is still in its every situation. Some intersections cess of buying the prop- infancy when compared to Euro- are simply too busy or are not suit- erty and hope to break pean countries or Austrailia. In able for them, yet a 2008 Proven ground in the spring of 2008, Austrailia built its 8,000th Safety Countermeasures memo by 2010.” roundabout. the FHWA reminds city officials Kingsport’s first Ultimately, any future success that “roundabouts are the preferred modern roundabout has of modern roundabouts in today’s safety alternative for a wide range of been working well, ac- municipalities hinges upon design. intersections.” cording to Thompson. An improperly designed round- “The first one we put in, this guy Chattanooga’s Chickamauga Dam area features two modern roundabouts The 5-street intersection about can be as much of a liability as became very upset about it and wrote a deadly intersection. a critical letter to the editor in our “You don’t want them to look local newspaper, VanWinkle chuck- Roundabout Safety & Design as if someone simply traced a circle les. “After the roundabout was around a coffee can on a piece of The U.S. would have to in the circle; Obey one-way opened and he saw the benefits, he paper,” Vanderbilt writes. build roughly 148,519 more signs at all times; and watch for sat down and wrote a second letter— “Since roundabout designs are roundabouts to match pedestrians and bicycles one of apology — thanking me.” still not common, it is important that Australia’s rate per capita. throughout. States leading the way in Left turns are completed by engineers designing roundabouts roundabout construction in- circling around the center is- have a thorough understanding of the critical (design) elements, ex- clude Colorado, North Caro- land and then making a right Roundabout plains Robert P. Murphy, PE, lina, Maryland, Washington, turn to exit from the round- PTOE, RLS and Daniel Spann, PE, and Kansas. about. Kingsport Roundabout Statistics According to the FHWA, PTOE in the article Modern education is vital to the accep- Books & Resources Roundabouts a Growing Trend. • According to the Federal High- tance and success of a round- “Design features such as traffic de- way Administration, more than about. Navigating a round- •Roundabouts: An informa- •Roundabouts USA: links to flection, geometric curvature, and one-fifth of all traffic fatalities about is easy. But because tional Guide published by the websites, books, publications, proper consideration of site-spe- happen at intersections. Nearly people can be apprehensive U.S. Dept. of Transportation guidelines, and articles related to cific variables are critical to the suc- 30 percent of intersection fa- about new things, it’s impor- Federal Highway Administra- roundabouts in the USA. Visit cessful performance of the round- talities occurred at signalized tant to educate your commu- tion. Visit http://www.tfhrc.gov http://www.roundaboutsusa.com/ about.” intersections. nity about roundabout use. The Insurance Institute notes There are just a few simple •The Modern Roundabout • Book:Roundabout Design traffic signs, pavement markings • A study revealed that four crash guidelines to remember: Slow website: visit http:/ Guidelines by Leif Ourston and proper lighting as important types occur in roundabouts, run- down; Yield to traffic already roundabout.kittelson.com/ safety factors as well. off road, rear-end, sideswipe, “Simply put, a properly de- and entering-circulating. A common crash type at both single and double-lane roundabouts involve vehicles colliding with the central is- land.

• A study revealed that replacing traffic signals and stop signs with a roundabout reduced car- bon monoxide emissions by 32 percent and nitrous oxide emis- sions by 34 percent, carbon di- oxide emissions by 37 percent, and hydrocarbon emissions by 42 percent.

FHWA and the Insurance Institute for Highway Safety 10th Floor, Nashville, TN 37243. For more information, phone: 1- 800-342-1340 or Email: ecd.energy BY TML STAFF REPORTS Manufacture’s News Inc. (MNI) a [email protected]. Public input should Chicago based manufacturer’s di- be provided by Dec.4, 2009. There Work is beginning on the first of rectory publisher, released a report will be an additional period for pub- more than 200 bridges to be re- on the industrial jobs in Tennessee. lic review and input after the draft placed or repaired across Tennes- A total of 15,110 jobs were lost be- EA is released in 2010. see under the Better Bridges pro- tween Sept. 2007 and Sept. 2008 and gram. The Tennessee Department 41,537 jobs from Sept. 2008 and The editors of Site Selection maga- of Transportation launched the pro- Sept. of this year. According to the zine, one of the nation’s premier gram at a bridge over Mill Creek in MNI report, currently Tennessee’s economic development publica- Nashville. The four-year program 7,711 manufacturers employ tions, have ranked Tennessee was approved by the Legislature this 403,030 workers compared to 547, among the five best states in the Photo courtesy of The State Photography Services year and will use bonds to pay for 494 workers in 2001. There was a U.S. for best business climates. Gov. Bredesen addresses attendees of the Hemlock Semiconductor $87.5 million in the first year of the 26.4 percent decline amounting to The announcement marks the sev- ground breaking in Clarksville.Bredesen said the decision by Hemlock program. TDOT is seeking approval 144, 464 job losses. MNI reports this enth time in the past decade Tennes- to build the plant in Tennessee has laid the groundwork for the solar of about the same amount in the next year’s 41,537 job losses is the sharp- see has been listed among the top ten industry in the state. fiscal year. The first bridge being est decline in the past twelve years. states for business climate. The state grams, like tax credits or subsidized replaced is on Murfreesboro Road in The declining housing market con- has been ranked among the top five Tennessee still trails the nation in housing, but are in crisis and need Nashville. It was built in 1942 and tributed to the considerable job states in five of the past seven years. anti-smoking policies, but those help paying for a place to live. It has been declared both structurally losses. The closely watched annual deficient and functionally obsolete. changes were significant for a won’t cover mortgage payments, but rankings appear in the November Southern state. The South has the will pay for rent and utility deposits, Transportation Commissioner Three Bullseye awards are given 2009 issue. The annual business cli- nation’s lowest cigarette taxes and moving costs, motel vouchers, and Gerald Nicely said construction out each year for immunization mate rankings are determined by the most lenient smoking laws. Resi- rent and utility payments for three costs are now at their lowest in years. program strategies. Tennessee number of new and expanded busi- dents who smoke dropped 1 percent- months to a year. There is an income was the only one recognized this ness facility projects in each state as age point to 23 percent in the year limit, and families must show they Tennessee’s subsidized health year for H1N1 vaccinations. Ten- well as perceptions in a survey of after the laws were passed, Depart- can take over paying the rent and care plan will stop accepting new nessee set up the Pandemic Vaccine corporate site selectors across the ment of Health statistics show. Leg- utilities once their stimulus money enrollment at the end of December Pre-registration System for health- country. Site selectors were asked islation that forced restaurants to go runs out. because of budget constraints. The care providers to streamline the to rank the factors most important to smoke-free or ban patrons under age CoverTN program targets the unin- H1N1 vaccine ordering process. It them when determining a location 21 passed easily, as did a 40-cents-a- Hemlock Semiconductor Corp. sured who are ineligible for Medic- has become a model used nation- for a new facility. Some of those pack increase in cigarette taxes. and Tennessee officials broke aid. Under the plan, the state kicks in wide. The public can view the site; factors included transportation in- Selling tobacco also has become less ground on a $1.2 billion plant and one-third of the monthly premium, though not access it, at http:// frastructure, existing work force important economically for the renamed the road leading to the while employers have the option of health.state.tn.us/twis. This was skills, and state and local taxes. In state. After a 2005 federal buyout sprawling facility “Solar Way.” paying for another third. Each third new territory for the state with five the “executive survey” portion of program to cut tobacco production, The plant will produce polysilicon, a averages about $60 per month. manufacturers producing the H1N1 the rankings, Tennessee ranked 5th. Tennessee tobacco farmers went raw material used to make solar cells CoverTN’s recent enrollment pe- vaccine in nine formulations, each from earning a peak of $307 million and semiconductor devices. The riod resulted in more than 2,500 new licensed only for certain popula- Tennessee has received an addi- in 1982 to $76 million in 2007. plant is scheduled to be completed in members. As of last month, tions. More than 1,500 health facili- tional $12 million in federal fund- 2012 and create more than 800 con- CoverTN had about 21,000 enroll- ties in Tennessee want the vaccine. ing from the U.S. Department of The Tennessee Department of struction jobs and is expected to ees. Among the challenges, add manu- Labor to enhance the state’s Transportation has installed new have about 500 full-time employees. facturing delays and the Centers for Trade Adjustment Assistance mile markers in the median along Bredesen said the decision by Hem- Disease Control and Prevention’s Tennessee might release as many (TAA) Program. The money will Interstates 26 and 81 in Sullivan lock to build the plant in Tennessee requirement for who gets the vac- as 4,000 nonviolent felons, such as be used for career retraining and and Washington counties in an ef- has laid the groundwork for the solar cine first. Plus, states’ public health people convicted of drug dealing other services and assistance to Ten- fort to improve safety along the industry in the state. Michigan- agencies have never distributed and and robbery, under a plan out- nessee workers. TAA is designed to highway. The new mile markers based Hemlock Semiconductor is a managed flu vaccine programs this lined by the Department of Cor- help workers who have been af- were done in connection with joint venture between Dow Corning large for the private sector. rection to deal with the state’s fected by job loss or had their hours TDOT’s Emergency Reference Corp. and two Japanese companies, budget crisis. Correction Commis- and wages cut because of increased Marker Program. The program calls Shin-Etsu Handotai Co. and The State and the U.S. Depart- sioner George Little said the depart- imports or a shift in production to a for mile markers with more informa- Mitsubishi Materials Corp. ment of Energy (DOE) plans to ment would have no choice but to foreign country. Earlier, the state tion to be installed every 2/10th of a prepare an Environmental As- recommend early release of inmates received $16 million for the pro- mile (and sometimes every tenth of a Tennessee moved out of the bot- sessment (EA) for the proposed if it were to implement the budget gram. In the past year, more than mile) in an effort to provide emer- tom five most unhealthy states in West Tennessee Solar Farm, in cuts. The department has already 1,500 Tennesseans have partici- gency dispatchers, incident re- the nation, thanks to residents’ keeping with its responsibilities squeezed out savings by scaling pated in TAA job training with an 88 sponders and motorists with readily avoidance of binge drinking and under the National Environmen- back on roadside litter-removal percent completion rate. identifiable location reference willingness to be vaccinated and tal Policy Act (NEPA). The West crews and leaving about 400 posi- markers. Markers are expected to eat their veggies. Ranked 44th, Tennessee Solar Farm, a five-mega- tions unfilled, and it is relying The National Council of State speed up the delivery of first re- Tennessee is out of the bottom five watt multi-acre power solar array heavily on federal stimulus funding Housing Agencies has recognized sponder service and provide quick for the first time since 2003, a United located in Haywood County, would in its current budget, he said. The a partnership between the Ten- clearance of traffic-related inci- Health Foundation report shows. generate renewable energy and early-release plan, which Little laid nessee Housing Development dents. Prevalence of smoking, obesity and serve as a demonstration site for out on the first day of state budget Agency (THDA) and the Tennes- violent crime are the biggest con- educational purposes. Educational hearings, is meant to show how the see Department of Revenue with A month-old stimulus program tributing factors to Tennessee’s un- activities would occur at a welcome Department of Correction would an award for Tennessee’s Com- will bring $20.3 million to Tennes- healthy ranking. center that would be located directly proceed in the event of a cut of up to munity Investment Tax Credit. see to give short-term assistance to on Interstate 40, adjacent to the So- 9 percent from all state department The award recognized the partner- those on the verge of homelessness A new exhibit at the Tennessee lar Farm. The state hosted a public budgets. ship for innovation and creativity in and help the newly homeless rap- State Library uncovers the truth scoping meeting to solicit comments engaging the private sector in af- idly get back into housing in the about the state’s best-known on the proposed project. Comments Tennessee manufacturing jobs fell fordable housing. The special midst of the economic crisis. myths and tales. The Tennessee may also be submitted in writing. 12.6 percent in the past two years. achievement category award was Nashville’s $3.1 million share Myth and Legend exhibit runs Mail to: Ryan Gooch, Department of According to the Tennessee Manu- announced at the National Council’s should end up helping about 300 through April in downtown Nash- Economic and Community Devel- facturing Register, 56,647 jobs were annual conference in October. families and 200 individuals. State- ville and touches on topics like the opment, 312 Rosa L. Parks Ave., lost due to closures and layoffs. wide, some 2,500 households, rep- Bell Witch, giant catfish, Elvis and The Department of State’s Ten- resenting about 5,200 people, will other famous Tennesseans. The ex- nessee State Library and Archives get rental help. The program fills a hibit is free and open to the public at division has been recognized by niche for those who aren’t a good fit the Tennessee State Library and Ar- the Tennessee Supreme Court for other government housing pro- chives building. Historical Society for its ongoing BY TML STAFF REPORTS off and furloughing employees, work on a Tennessee Supreme Open meetings Internet forum raising taxes, draining rainy day Court record preservation Top officials from the National funds, and sharply cutting state project. The project involves pre- Governors Association (NGA) spending as a result. In the 2009 serving, archiving and cataloging not utilized by city officials and the National Association of fiscal year, states reduced general historical records of Tennessee Su- FORUM from Page 1 Counsel, 505 Deaderick Street, State Budget Officers (NASBO) fund expenditures by 4.8 percent preme Court cases going back to Office of Open Records Counsel. Suite 1600, James K. Polk Building, have forecasted continued fiscal and are expected to cut those expen- 1796. Those records were stored in Although the statute does not spe- Nashville, Tenn., 37243-1402. difficulties for state governments. ditures next year by at least 4 percent the upper floors of the Capitol before cifically require a resolution, it is Hodge also may be contacted “We are seeing the worst numbers — marking the first time state eventually being moved across the reasonable that such would be re- through the official web site for and indicators that we’ve ever seen spending has declined in back-to- street to the State Library and Ar- quired to show the governing body Open Records Counsel: in terms of state fiscal conditions,” back years.The NGA-NASBO re- chives. Since the project began in voted to approve a plan, and further www.state.tn.us/comptroller/ NASBO Executive Director Scott port suggested revenues will likely January 2008, a 20-person staff has that the board agrees to follow such openrecords/. For further informa- D. Pattison said of a preliminary continue on a downward trend for cleaned, re-filed and entered into a a plan. tion on the open meetings law, see NGA-NASBO report of state fiscal another one or two quarters before computer database at least 9,672 Plans should be submitted to: the MTAS publication Open Meet- conditions. States have been laying turning up slowly. Supreme Court records. Elisha Hodge, J.D., Open Records ings in Tennessee.

Tom Spencer Territory Manager

570 Beechgrove Way Burns, TN 37029 USA

T (615) 973-0367 [email protected] www.sensus.com

GGRIGGSRIGGS & & MALONEY MALONEY I N C O R P O R A T E D

P.O. Box 2968 Murfreesboro, TN 37133-2968 (615) 895-8221 www.griggsandmaloney.com 5-TENNESSEE TOWN & CITY/NOVEMBER 23, 2009 www.TML1.org

Tennessee Municipal League 2009-2010 Officers and Directors

PRESIDENT Tommy Pedigo Mayor, Sparta VICE PRESIDENTS Dale Kelley Mayor, Huntingdon Kay Senter Dec. 9: The Fiber-to-the-Home Councilmember, Morristown Council North America Ken Wilbur Mayor, Portland Telecom Service Providers’ DIRECTORS Workshop Jody Baltz Open to non-members, the work- City Administrator, Tullahoma TENNESSEE shop will be held at the Hilton President (TCMA) Alan Barker (District 7) Downtown Hotel, Atlanta. Mayor, Humboldt FESTIVALS Join the FTTH Council, a non-profit Angie Carrier organization dedicated to the ad- City Administrator, White House ( District 5) Dec.4: Cleveland Photo by Victoria South vancement of fiber to the home net- Betsy Crossley Carols in the City Mayor, Brentwood (District 6) The clowns always steal the show at Gallatin’s Annual Christmas works, for a one-day workshop for Karl Dean Bell-tollers lead visitors through Parade, held this year on Dec. 5. service providers, municipalities, Mayor, Metro Nashville historic downtown where churches utilities and network operators. The Chris Dorsey Dec. 5 Jamestown sing their favorite carols. Visit candlelight, refreshments, and mu- program will offer an interactive City Manager, Red Bank (District 3) Winter Chili Festival David Edwards Santa and Mrs. Claus in the band- sic highlight the evening. For more format for discussion and the shar- Participants compete in a public Councilman, Murfreesboro stand. Enjoy free carriage rides and information, call 423- 543-5808 or ing of best practices and lessons David Gordon choice chili cookoff. Music, pic- the traditional lighting of the com- visit the website at learned in ongoing FTTH deploy- Mayor, Covington tures with Santa, give-a-ways and munity Christmas Tree. Begins at 6 www.sycamoreshoalstn.org/2 ments. To register or for more infor- J.H. Graham III more. Proceeds go to the Fentress Mayor, Crossville (District 4) p.m. For more information, call 423- mation, call the FTTH Council Sec- County Children’s Center. For more Bill Haslam 479-1000 or visit the website at Dec. 5: Clarksville retariat toll free at 866-320- Mayor, Knoxville www.mainstreetcleveland.com Downtown for the Holidays information, call 931-879-9948. Curtis Hayes 6444 or go the website at http:// Mayor, Livingston Holiday festivities will begin on the www.ftthcouncil.org/ A.C. Wharton Dec. 4 Gatlinburg Public Square kicking off with the Dec. 5: Downtown Munford Mayor, Memphis Christmas Celebration Fantasy of Lights Christmas Parade Jingle Bell Jog at 8 a.m. and pre- March 8-9, 2010: TML Legisla- Richard Hodges Downtown at 7:30 p.m. With more parade activities in the parking lot of Street concert at 3 p.m.; parade at Mayor, Millington tive Conference. DoubleTree Ho- 4:30, followed by tree lighting and Dot LaMarche, than 100 parade entries including City Hall at 4 p.m. At 5 p.m., see tel, Nashville. Vice Mayor, Farragut marching bands, millions of lights Downtown illuminated by thou- visits with Santa at City Hall. All are Ron Littlefield and giant helium balloons with spe- sands of lights at the city’s 50th welcomed at this free festivity. For Mayor, Chattanooga David May cial guests Santa Claus and his elves. annual lighted boat parade. more information, call 901-837- Council, Cleveland For more information, call 800- 0171 or visit www.munford.com Keith McDonald (District 8) 568-4748. Dec. 5: Dayton Mayor, Bartlett Dec. 7: Athens Cindy Cameron Ogle Old Fashioned Christmas City Manager, Gatlinburg (District 2) Dec. 4-5: Knoxville Held at Downtown Dayton/Centen- Downtown Christmas Parade Rain or shine, Bo Perkinson Emporium Holiday Extravaganza nial Park, the city kicks off the holi- An Athens tradition, local organiza- Vice Mayor, Athens The Arts & Culture Alliance is days with an old fashioned Christ- tions build floats that light up the sleet or hail, Johnny Piper downtown streets. For more infor- Mayor, Clarksville pleased to sponsor downtown mas parade. The Christmas Arts every day is perfect Charles “Bones” Seivers Knoxville’s most affordable holiday Showcase for artists and crafters mation, call 423-745-0334 or visit President-CEO, TN Municipal Bond Fund shopping event with unique gifts and will open their downtown shops /www.athenschamber.org/ Randy Trivette events.php for a GovDeals sale! City Recorder, Erwin (District 1) live performances. This free two- from 10 a.m. to 2 p.m.; chili and day celebration features fine crafts pictures with Santa at Centennial PAST PRESIDENTS and other handmade gifts by local Park from 12 p.m. to 3 p.m.; Pet Dec. 12-13: Franklin Tom Beehan, (2008) Mayor, Oak Ridge artists and museum gift shops as well pageant at 3 p.m.; horse and carriage Dickens of a Christmas Tommy Green (2007) Mayor, Alamo Tommy Bragg (2006) Mayor, Murfreesboro as live music and dance. Event hours Christmas parade at 5 pm; and carol- Franklin’s historic downtown is Bob Kirk (2004) Alderman, Dyersburg are Dec. 4, 11 a.m- 9 p.m.and Dec. 5, ing at the historic courthouse after transformed into a Victorian city as Tom Rowland (2002) Mayor, Cleveland 10 a.m. – 5 p.m. The Extravaganza the parade. For more information, special performers, artists and carol- Sam Tharpe (2001) Mayor, Paris ers fill the streets. Step right into the Dan Speer (1997) Mayor, Pulaski continues until 9 p.m. as part of call 423-775-1817 or visit the “First Friday” downtown with live website at www.mainstreet pages of Charles Dickens’ classic, A TML AFFILIATED ORGANIZATIONS entertainment by a string quartet of dayton.org Christmas Carol while enjoying the (Ex-Officio Directors) quaint shops and food along Main Online Government Tennessee Municipal Attorneys Assn. the Knoxville Symphony Orchestra, Andy Wright, Lebanon sweet treats, and warm drinks. Dec. 5:Gallatin Street. Surplus Auctions—24/7 Tennessee Municipal Judges Conference The 2009 Christmas Parade John T. Gwin, Mount Juliet Dec. 4-5- Elizabethton Presented by the Gallatin Chamber Dec. 13: Murfreesboro Tenn. Chapter, American Public Works Visit GovDeals.com today Jerry Collins, Memphis Light & Water Christmas at the Carter Mansion of Commerce and Greater Gallatin Christmas Parade Tennessee Government Finance Officers Held at the Broad Street Extension This year’s theme is A Christmas Hit Begins at 2:30 p.m. on Middle Ten- or call 1-866-377-1494 Mark S. Brown, Bartlett from 6pm-9pm. Spend the evening Parade. Held at Noon rain or shine. nessee Boulevard, Bell Street Park- Tenn. Assn. Housing & Redevel. Auth. ing Lot, goes down East Main, Marilyn Medley, Morristown in this 18th century home built on the For more information, contact the frontier around 1775 featuring the Gallatin Chamber of Commerce at around the Historic Murfreesboro Tennessee Building Officials Assn. TENNESSEE MUNICIPAL LEAGUE STAFF Tim Ward, Oak Ridge beautiful interior craftsmanship 615.452.4000 or by email at Square, onto West Main and then Margaret Mahery, Executive Director Tennessee Fire Chiefs Assn. decorated for Christmas in the style [email protected]. ends on Walnut Street. For more Chad Jenkins, Deputy Director Jerry W. Crawford, Collierville information, call 615-893-5373. Mark Barrett, Legislative Research Analyst Tennessee Assn. of Air Carrier Airports of 1780. Costumed interpreters, Carole Graves, Communications Director & Larry Cox, Memphis Editor, Tennessee Town & City Tennessee Association of Chiefs of Police Edna Holland, Government Relations, TML/RMP Sterling Owen, Knoxville John Holloway, Government Relations Tennessee Water Quality Management MTAS Elected Officials Academy Debbie Kluth-Yarbrough, Director of Marketing / Member Services Jack Graham, Maryville Kevin Krushenski, Legislative Research Analyst Tennessee Recreation and Parks Assn. Level II Mona Lawrence, Administrative Assistant Pam Beasley, Germantown Denise Paige, Government Relations Tennessee Chapter, American Planning Victoria South, Communications Coordinator Karen Hundt, Chattanooga An Elected Officials Academy Dates and Instructor s Sylvia Trice, Director of Conference Planning Tennesseee Personnel Management Assn. Jan. 14 - Personnel Steve Adams, Metro Development & Level 2 is being offered in Spring TENNESSEE TOWN & CITY Housing Agency Hill in 2010. The Elected Officials Bonnie Jones MTAS HR Consultant (ISSN. No. 0040-3415) Publication No. 539420 Tenn. Assn. Municipal Clerks & Recorders Academy (EOA) is a program de- Jan. 21- Legislative Issues — Official publication of the Tennessee Munici- pal League. Publisher: Margaret Mahery Shirley Dancy, Gates signed exclusively for municipal Josh Jones. MTAS Legal Consultant Tennessee Assn. of Public Purchasing (mmahery@ TML1.org); Editor: Carole Graves Rex Gaither, Smyrna elected officials. The course content Feb. 11- Fire Service ([email protected]; Phone: 615-255-6416. MTAS Fire Consultant, Ray Crouch Advertising: Publisher reserves the right to re- TN Section, Institute of Transportation covers various aspects of municipal ject any advertising deemed unacceptable. Fax Engineers leadership. The program is com- Feb. 18- Police Service Fees are $200 for this 16-hour classified ads to TT&C: Attention Mona Lawrence Kevin Cole, Knoxville Rex Barton, MTAS Police Consultant at 615-255-4752, or e-mail Tennessee Public Transportation Assoc. posed of two levels. The first level class. March 11- Risk Management [email protected]. Fax advertising copy to Rebecca Harris, Cookeville consists of five, two-hour sessions. For program information or to TT&C: Attention Debbie Kluth-Yarbrough at Tennessee Fire Safety Inspectors The second level offers 12 two-hour George Dalton, TML Risk Pool register for Level II, please contact 615-255-4752, or e-mail to dkluth@ TML1.org. Tommy White, Sevierville sessions, of which city officials only March 18-Planning & Zoning Opinions expressed by non League officials or Assn. of Independent and Municipal Schools Ron Darden, MTAS Municipal staff do not necessarily reflect policies of TML. Reecha Black, Alamo need to complete eight of the 12 Tennessee State Planning Office Management Consultant at Tennessee Town & City is published, semi- sessions. April 15-Water/Wastewater [email protected] or 615- monthly, 20 times per year at 226 Capitol Blvd., TML ASSOCIATE PARTICIPANTS Suite 710, Nashville, TN 37219-1894. Periodi- Steve Wyatt MTAS Utility Consultant 532-6827. For an online form, go to GOLD LEVEL MEMBERSHIP Time April 22-Council at Work cals postage paid at Nashville, TN. Subscription Bank of New York Trust Company, N.A. Each class begins at 5:30 p.m. and http://www.mtas.tennessee.edu/ rates: $6 per year to members, $15 to nonmem- SILVER LEVEL MEMBERSHIP Ron Darden, MTAS Municipal Training/EOA/springhill_2010_ bers, $1 a copy. Postmaster: Send changes of AT&T ends at 7:30 p.m. Management Consultant address to Tennessee Town & City, 226 Capitol Redflex Traffic Systems level_2.pdf Blvd., Suite 710, Nashville, TN 37219-1894. ING Financial Advisers, LLC Sensus Metering Systems BRONZE LEVEL MEMBERSHIP Alexander Thompson Arnold, PLLC Alliance Water Resources BlueCross BlueShield of Tennessee Collier Engineering Co., Inc. No loan is too Johnson Controls McGill Associates, P.A. One Source Document Solutions, Inc. Rare Element, Inc. Thompson Engineering large or too small CORPORATE LEVEL MEMBERSHIP AMEC Earth & Environmental Askew Hargraves Harcourt & Assoc., LLC Barge, Waggoner, Sumner & Cannon, Inc. Click2Enter, Inc. See us for your special projects needs. (615) 255-1561 CMI Equipment Sales, Inc. Comcast Cable Communications Concrete Paving Assoc. of Tennessee DBS & Associates Engineering Desktop Risk Manager Education Networks of America Employee Benefit Specialists, Inc. Florence & Hutcheson, Inc. Goodwyn, Mills & Cawood, Inc. J.R. Wauford & Co. Consulting Engineers,Inc. LaserCraft, Inc. Local Govt. Corporation Mattern & Craig, Consulting Engineers, Inc Nashville Tractor & Equipment, Inc. OHM(Orchard, Hiltz, & McCliment, Inc. Pavement Restorations, Inc. Rush Truck Center, Nashville Smith Seckman Reid, Inc. Statewide Insurance Group of America Stowers Machinery Tennessee Cable Telecomunications Assn. Tennessee Energy Acquisition Corporation Tennessee Fiber Optic Communities Thompson & Litton, Inc. Thompson Machinery Third Rock Consultants,LLC TLM Associates, Inc. Tri Green Equipment, LLC URS Corporation Utility Service Co., Inc. Vaughn & Melton Volkert & Associates Waste Management The city of Murfreesboro closes a $103 million loan, The town of Nolensville closes a $21,000 loan. Wiser Company, LLC the largest in TMBF history. www.TML1.org 6-TENNESSEE TOWN & CITY/NOVEMBER 23, 2009

Advertising: $9.25 per column inch. No ing violations of state/local laws/ordi- charge to TML members. Send advertis- nances when necessary; participates in ing to: TT&C Classified Ads, Mona representing the city in major litigation; Lawrence, 226 Capitol Blvd. Suite 710, manages real estate transactions; Nashville TN 37219; e-mail: records deeds; forwards as appropriate; mlawrence@ TML1.org; or fax: 615-255 tracks, researches, interprets and applies 4752. local, state and federal legislation; rep- resents the city in legal issues at admin- TOWN CLERK/PIO istrative hearings and meetings with BLACK MOUNTAIN NC. Growing government officials; assists in develop- community, 8 miles east of Asheville, ment of administrative policies, rules located at the foot of Mt. Mitchell, the and regulations. Law degree and license highest peak in the eastern U.S., seeking to practice law in Tennessee required, certified town clerk/executive assistant/ with at least five years of experience in public information officer. Position re- a similar law environment, preferably quires superior organizational and writ- within a local government (or related); ing skills, and ability to communicate or any equivalent combination of educa- effectively with citizens, staff and tion, training, and experience which elected officials. Requires combination provides the requisite license knowl- of education and experience equivalent edge, skills, and abilities for this posi- to an Associate’s degree or certification tion. Apply on-line at: in public administration, journalism, www.franklintn.gov. Must complete paralegal sciences, business or other rel- application. Obtain application on-line evant field (Bachelor degree preferred), or from HR Dept., City of Franklin, PO with a minimum of five years respon- Box 305, 109 3rd Ave S., Franklin, TN sible administrative experience, prefer- 37065, tel. 615-791-3216, fax 615-791- ably as a certified clerk in a local govern- 3297, e-mail [email protected]. ment setting. Hiring range: $33,384- Deadline to apply: 12/15/2009. Salary: $52,562 DOQ/E. Job description and DOE/Q EOE/Drug-free Workplace. application available at www.townof The city of Franklin does not discrimi- Photo by Victoria South blackmountain.org.Return application nate based on race, color or national The Board of Directors of the Tennessee Government Finance Officers Association (TGFOA) met at the Fall with resume, cover letter, salary history origin in federal or state sponsored pro- Conference held Oct. 7 in Franklin. Pictured left to right: Daisy Madison,1st vice president;Carson Swinford, and references to: townmanager@ grams, pursuant to Title VI of the Civil treasurer; Marylou Piper, secretary; John Troyer, GFOA representative; Sandra Allen, 2nd treasurer; Mark townofblackmountain.org or Town Rights Acts of 1964 (42 U.S.C. 2000d). Brown,TGFOA president and Lisa Nolen, 2nd vice president. Manager, Town of Black Mountain, 160 Midland Avenue, Black Mountain, NC TOWN RECORDER 28711. Open until filled, but to ensure JONESBOROUGH. The town is seek- TDEC proposes revisions to water quality standards consideration, submit materials by Dec. ing applicants for the position of Town 18, 2009. EOE Recorder. This position is the town’s The Federal Clean Water Act proposed revisions to water quality public comment on the proposed CITY ATTORNEY authority on all aspects of financial man- requires states to examine water standards beginning in December. changes. The review is intended to FRANKLIN. The city is seeking appli- agement and requires a comprehensive quality standards at least once every The proposal includes changes ensure that standards meet public cants for the position of City Attorney. understanding of city government fi- three years, a process called trien- to levels of selenium, silver, ammo- concerns, reflect new scientific and Under general administrative direction nance. Director manages the account- nial review. nia, and lead; revisions to the pro- technical information, and follow of the City Administrator, the city attor- ing, accounts payable, tax collection, As part of this review, the Water cedures for prohibiting deteriora- EPA guidelines. debt service and cash management func- ney performs professional legal and ad- Quality Control Board has autho- tion where pollution levels are A redline version of the pro- ministrative work, providing legal ser- tions of the town and participates in certain aspects of the payroll process rized the Division of Water Pollu- above the legal, or anti-degrada- posed changes as well as a schedule vices and legal representation to the city. tion; and updates to stream use clas- Provides general support to the Board of and purchasing. A bachelor’s degree in tion Control within Tennessee De- of the rulemaking hearings may be Mayor and Alderman, City Administra- Accounting or Finance supplemented partment of Enviornment and Con- sifications. accessed at www.tn.gov/environ- tor, board committees, commissions, by three (3) years previous experience servation (TDEC) to conduct a se- The Environmental Protection ment/wpc/ppo/ph1200_04_03_ staff, and to city advisory boards. The and/or training that includes manage- ries of public hearings on newly Agency requires opportunity for and_04amd_redline.pdf . city attorney plans, organizes, and di- ment and supervisory experience prefer- rects the activities in the Office of the ably in the area of governmental ac- City Attorney; assigns/reviews the counting are required. Preference will Transportation stalemate continues in Congress work of the professional legal staff; be given to candidates with professional for Transportation Investment and certification such as Certified Public TRANSPORTATION from Page 1 NLC favors a new comprehen- recommends/makes arrangements for Revenue,” highlights 11 case stud- retention of a private counsel in cases Accountant (CPA), Certified Municipal tension of the program, as favored sive transportation program that involving extensive or specialized liti- Finance Officer (CMFO), or Certified by the Obama Administration, and provides great local authority and ies in which transportation depart- gation; supervises preparation/review Governmental Financial Manager to give lawmakers more time to de- decision making over transportation ments sought additional funding and of contracts, deeds, bonds, ordinances, (CGFM). If not certified, must be able to velop a comprehensive, new trans- programs, ensures equity and con- summarizes lessons learned from resolutions, and agreements for the city; attain compliance with the provisions of portation program for the nation, no nectivity among transportation pro- these campaigns, winning mes- renders opinions relative to substance, the Municipal Finance Officer Certifi- specific proposals have been devel- grams, provides adequate and sus- sages, ideas for marketing and other form and propriety of such documents; cation and Education Act of 2007 within tainable funding, a streamlined tips for agencies considering a trans- 18 months of hire. Salary $50,000+ - oped. Many lawmakers and the Ad- attends Board of Mayor and Aldermen ministration are concerned that a regulatory review process and is portation funding initiative. meetings and committee meetings; pro- dependent upon qualifications; compre- major new program would require based on the principles of Requested by the American As- vides legal counsel as required by pro- hensive benefit package offered, includ- sociation of State Transportation & ceedings; provides legal advice/assis- ing TCRS pension. Applications will be new revenues and are reluctant to sustainability, innovative technol- accepted until position is filled. Appli- press for funding in this economic ogy and regional decision making. Highway Officials, the report is tance to the mayor and aldermen and city available at www.transportation. org. administrator, department directors, cation and position description may be climate. A new report, “Making the Case boards, commissions, committees, and accessed at www.jonesboroughtn.org. other city officials regarding legal Mail completed applications to: Town rights; provides representation of the of Jonesborough, Attn: Town Adminis- FCC approves shot-clock in cell tower sitings city in litigation against the city; renders trator, 123 Boone Street, Jonesborough, opinion on employment law issues; em- TN 37659. EOE. Information about the CELL TOWER from Page 1 said that the time for municipalities tower zoning application is unique. ployment law background essential; town can be obtained from the tourism zoning of cell towers. to act on cellular zoning requests are Complex or contentious applica- prosecutes on behalf of the city involv- website www.historicjones-borough. The rule is contrary to Con- the “generally applicable time tions may need more time to resolve. com or the website above. gress’ findings in the 1996 act that frames for zoning decisions,” taking This is particularly the case for cell into account the “nature and scope of towers in residential areas where it each request,” and without giving takes time to conduct the engineer- Scholarship program announced for state’s engineering “preferential treatment” to the cellu- ing studies necessary to see whether lar industry. there truly is a “gap” in service that students; application deadline is Jan. 29, 2010 The new order ignores local needs to be filled, how tall a tower must be to fill the gap, what alterna- dent who is studying at a Tennessee must be a U.S. citizen pursuing a zoning procedures, such as the need The American Council of En- tive solutions are available, and (if a university or college. The Tennes- Bachelor’s, Master’s, or Doctor of to notify area residents, scheduling gineering Companies of Tennes- tower in fact is needed) whether it see state scholarship winner will be Philosophy degree in an engineer- and notice requirements for munici- see (ACEC of Tennessee) is cur- needs to be camouflaged in a sign or announced in March 2010; winners ing or land-surveying program in pal meetings, the fact that zoning rently accepting applications from as a tree to preserve the character of of the national scholarships will be Tennessee approved by the Ac- bodies don’t meet daily or weekly, engineering students in Tennessee the neighborhood. announced in October 2010. creditation Board for Engineering and people’s ability to appeal deci- for the 2010 national ACEC engi- “Zoning is - - and always has Applications for the scholarship and Technology. Students must be sions from, for example, a zoning neering scholarship program, been - - a matter of uniquely local programs must be submitted to entering their junior, senior, fifth or commission to a board of zoning which will award several scholar- concern,” the joint comments stated. ACEC of Tennessee by Jan. 29, graduate year in the fall of 2010. appeals or to a city council. In fact, ships totaling $20,000, and for the “The FCC cannot be the local zoning 2010. Application forms and com- The application process in- the FCC’s deadlines provide incen- 2010 national Council of Struc- board for cell towers nationwide. plete information can be obtained at cludes writing an essay on the role tives for cell companies to delay and tural Engineers scholarship pro- Congress recognized this when in http://www.acectn.org/Scholar.htm of the consulting engineer or sur- appeal zoning matters within a mu- gram, which will award a $5,000 1996 you preserved local zoning of ACEC of Tennessee has veyor in shaping and protecting the nicipality so as to ensure that a dead- scholarship to a structural engi- cell towers and told the FCC to get awarded a scholarship to a Tennes- natural environment. Grade point line is not met. neering student. out of the cell tower zoning busi- see engineering student for the past average and college activities are It also ignores the wide varia- In addition, ACEC will award ness. The FCC proposal ignores this a $1,000 state scholarship to a stu- eight years. To qualify, a student also factors in the evaluation. tion in 35,000 municipalities nation- wide, and the fact that each cell Congressional direction.” Good Risk Management is just Good Management Cities and municipal agencies have joined together to create in the TML Pool what has grown to be the largest municipal insurer in Tennessee. The extent of the coverage provided for municipal exposures is staggering.

The Pool insures: • 40,575 municipal employees for workers’ compensation including 6,450 firefighters (2,263 full-time, 240 part-time & 3,947 volunteers), representing more than $951.7 million dollars in annual payroll exposures; and provides liability coverages for some • 18,960 municipal vehicles with total insurable values of some $350 million.

5100 Maryland Way • Brentwood, TN • 800-624-9698 Your Partner in Risk Management since 1979. 7-TENNESSEE TOWN & CITY/NOVEMBER 23, 2009 www.TML1.org State agencies pushing for drought, regional water plans

WATER from Page 1 Two of the committee mem- car washes, while others did not ini- bers, Bartlett Mayor Keith tiate any conservations measures. McDonald representing the Tennes- State officials say that one of the see Municipal League and Douglas most significant components of Cameron appointed by the Gover- having a preparedness plan is to bet- nor to represent the residential cus- ter regulate water use during tomer, both voiced concerns over drought conditions by designating TDEC issuing mandates. Exceptional trigger points for when conservation “Sometimes our partnership efforts are switched from voluntary consists of these taskforces coming to mandatory. According to the Ten- up with great ideas and then local Extreme nessee Department of Environment governments have to fund and and Conservation (TDEC), the plan implement what they initiate,” said should also include drought moni- Mayor McDonald. toring, define the roles and re- “We need to think about offer- Severe sponses of agencies under water ing some incentives and not just shortage conditions, and suggested handing down mandates, because The effects of the drought were felt all across the state. Middle Tennessee was the driest of the state’s programs and activities that would ultimately it is the ratepayer that four climate divisions. limit vulnerability to drought-prone ends up paying for that,” said regions. Cameron. Following the 2007 drought, Regional Water Plans mands on the state’s water supply or not they have a regional water Beginning in the late 1990s, the TDEC updated the state’s drought Another issue the water plan- will only increase. plan. And, if so, is the proposed city realized that in order to grow, plan that spells out what TDEC’s ning committee is studying is “Regional water resource plan- project consistent with the plan. Portland needed another water and other state agencies’ responses whether to require drought-prone ning is essential for meeting current Currently, the development of source. Three options were identi- will be should drought conditions areas not only to develop a drought and future demands,” said Commis- two regional water management fied, each with pretty hefty price tags once again threaten the state’s water preparedness plan, but to also de- sion Sloan. plans are underway as part of pilot to implement: develop a man-made supplies. The agency now wants to velop and adopt regional manage- He said that some of the benefits projects for two of the state’s lake ($12 to $15 million); run water- turn its attention to community wa- ment water plans that projects what of regional planning include that the drought-prone areas: the Northern lines to Gallatin to access Old ter systems, targeting the high-risk the regions’ water needs will be over various utilities within that region Central Pilot Area that encompasses Hickory Lake ($20 million); or pur- areas first, to help them develop the next 20 years. will work together to address water Portland, Westmoreland, Castalian chase water from nearby White drought preparedness plans with a Sloan said that the drought and supply issues; the needs of the Springs, White House, Hartsville/ House that would involve upgrades goal of having their plans in place by raised important questions about the region will be addressed while mini- Trousdale County, and Lafayette; to White House’s system ($20 mil- summer 2010. state’s ability to ensure an adequate mizing the demand on resources; and the South Cumberland Plateau lion). After considering all of the The water study committee is and reliable water supply that meets response to a drought will be more that encompasses Sewanee, Tracy alternatives, Portland began moving considering whether TDEC’s au- the needs of a growing population. efficient; information collected for City, Monteagle, and Big Creek forward on developing a man-made thority to approve drought plans “What happened in 2007 is a picture the plan will be useful for develop- Utility. lake – the least expensive of the should be strengthened, including into the future,” said Commissioner ment and growth decisions; and it The components of the regional other alternatives and one that also the authority to mandate implemen- Sloan. “Increases in demands in five will serve as a model for regional plans include: offered local autonomy, which is tation of drought response actions as years, will be like what we just expe- planning statewide. • collecting current water source important when recruiting new in- designated by the plans’ trigger rienced. It’s a call to action to plan “Another benefit is that it helps information including ground- dustries to the city. points. for usage and demand.” communities invest wisely on their water, reservoirs, streams and The city obtained the proper “We will work with each com- According to the Tennessee infrastructure and when seeking connections to other utilities; permitting from TDEC, purchased munity to establish the proper re- Advisory Commission on Intergov- capital support for their projects,” • current water use information: the land, and paid the money to relo- sponses,” explained TDEC Com- ernmental Relations, Tennessee’s said Sloan. the population served, number cate three homeowners. After five missioner Paul Sloan. “But in times 2000 population of nearly 5.7 mil- Under consideration by the of connections, percentage of years of making slow, but steady of a crisis, communities have to lion people is expected to reach 7.6 study committee is whether to base water produced that is billed; progress on the project, the state implement what they agreed to do in million by 2025, an increase of 33 eligibility for state grants and loans • available resource information: permit had expired. TDEC would the plan. This is a partnership with percent. As the population and to community water systems that are factors that affect the existing not renew the permit due to environ- local water systems.” economy continue to expand, de- in drought-prone areas on whether sources such as scenic waters, mental regulations, which had wetlands, potential environmen- changed since when the project was tal threats; first initiated. • projected water demand infor- “We already had $2 to $3 mil- Issues before the Special Joint Study Committee on Water Planning include: mation; and lion in the project when TDEC • alternative source information pulled the plug on it – when they • Eligibility for any available state grants and loans to community water systems should be based in part on whether and analysis. were aware of what we were trying they are in an area that needs a regional water plan and if so, whether the proposed project is consistent with a Sloan said that a multi-agency to do,” said Mayor Wilber. “For a regional plan; team has been working on the two community our size, that’s a pretty plans. The baseline study has been big loss. • TDEC’s authority to approve drought plans should be clarified and strengthened, including the authority to completed. Information on alterna- “I think it’s great that the state mandate implementation of actions identified in drought plans at different levels of seriousness of drought; tive resources is still needed before realizes that there are communities the final plans will be completed. out there that need alternative water • During the 2007 drought, restrictions on water use were not enacted and enforced evenly across water systems “Success of the regional plan- sources,” said Wilber. “But TDEC is using the same source with the result that conservation goals were not met and the burden was not spread evenly ning is dependent on those commu- a regulatory authority and we basi- across all people drinking water from the source; therefore community water systems must be required to adopt nity water utilities to come up with a cally have to do what they tell us to drought plans with the necessary elements consistent with all systems using the same source(s) and enforce those plan and a solution,” said Sloan. do.” plans in times of drought; and Portand Water Sources No formalized recommenda- In Portland, Mayor Ken Wilber tions have been determined yet by • When it is feasible, funding should be made available for water systems to develop drought plans and for regional said that the city has already spent the water planning committee, but water planning. more than $1 million on engineering they are required to submit their rec- fees identifying an alternative water ommendations to the legislature by source. Feb 1, 2010. 2009 Public Acts of interest to Tennessee municipalities

BY JOSH JONES Chapter No. 72 (SB2049/ Effective May 27, 2009. whose residents are served or are Chapter No. 472 (SB0973/ MTAS Legal Consultant HB1979). Financially distressed eligible to be served in whole or in HB1673). Utility districts may utilities. Amends Title 7, Chapter Chapter No. 321 (SB2288/ part by a wastewater facility oper- own and operate natural gas ve- TAXES/PROPERTY 82 and Title 68, Chapter 221. Low- HB2330). Amendments to motor ated by another local government. hicle fueling stations. Amends Chapter No. 111 (SB0804/ ers, from three to two, the number of carrier provisions. Amends T.C.A. For purposes of the Drinking Water T.C.A. Title 7, Chapter 82, Part 3 by HB0643). Property tax exemption consecutive years that a municipal- Titles 55 and 65 by removing the Revolving Loan Fund Act, a water authorizing utility districts to own for nonprofit housing. Amends ity must have a negative change of discretion of a court to require a system, eligible to apply for loans, and operate natural gas vehicle fuel- T.C.A. § 67-5-207 by allowing non- assets in order to be considered fi- driver education course in lieu of includes the community public wa- ing stations. This authority may not profit, group housing for the elderly nancially distressed. any portion of other penalty imposed ter systems of any water or wastewa- be franchised to another entity. and disabled currently receiving fi- Effective April 6, 2009. for persons charged with any motor ter authority or energy authority. Effective June 23, 2009. nancial assistance from certain fed- vehicle or traffic violation while Effective June 11, 2009. eral grants to retain their property Chapter No. 74 (SB0811/ operating a commercial motor ve- Chapter No. 475 (SB1089/ tax exemptions if the property is HB0956). Public works improve- hicle. Also requires the Department Chapter No. 423 (SB0660/ HB1518). Electric generation and refinanced under a comparable fed- ments. Amends §§ 7-34-105 and 9- of Safety to keep a record of convic- HB1779). Utility Management transmission cooperatives. eral program. 21-107. Allows a local government tions, disqualifications and other Review Board review. Amends Amends T.C.A. Title 48 by authoriz- Effective April 30, 2009. to make improvements to existing actions for violations (excluding T.C.A. Title 7, Chapter 82 by autho- ing the creation of non-profit gen- public works system outside of their parking) of persons holding or re- rizing the utility management re- eration and transmission (G&T) co- Chapter No. 478 (SB1166/ jurisdiction without the consent of quired to hold commercial driver view board to review and conduct a operatives to: supply or furnish HB1387). Sale of property pur- the governing body where the sys- licenses. Makes other various hearing on any decision of a utility wholesale electric power services; chased at a delinquent tax sale. tem is located. changes to motor carrier provisions. district. Review must be preceded to own, lease, construct, acquire, Amends T.C.A. § 67-5-2508 by stat- Effective April 6, 2009. Effective November 1, 2009. by the written request of a utility operate and control plants, equip- ing that upon the purchase of prop- district customer or an affected de- ment, facilities, lines, etc.; to supply, erty by a municipality at a delin- Chapter No. 224 (SB2047/ Chapter No. 388 (SB1685/ veloper. The request must be filed furnish or exchange wholesale elec- quent tax sale for municipal taxes HB1981). Local development au- HB0980). Mutual aid assistance within thirty (30) days after the util- tric power with other entities; and to only, and after the period of redemp- thority fees. Amends T.C.A. §§ 68- agreements. Amends T.C.A. Title ity board has taken action upon a provide management services to any tion has lapsed, the municipality 221-1004 and 68-221-1204 by al- 58, Chapter 8 by authorizing reim- written complaint to the board of distribution cooperative, energy ac- may, upon majority vote of the gov- lowing the Tennessee local develop- bursement of response costs for util- commissioners of the utility district. quisition corporation or governmen- erning body determining it impracti- ment authority to collect administra- ity systems and nongovernmental Changes the composition of the Util- tal electric system. Cooperative can- cable to sell the property for the full tive fees from local governments agencies entering into mutual assis- ity Management Review Board by not provide power, telephone, cable, amount of the taxes, penalty, costs participating in the wastewater facil- tance agreements for the purpose of replacing one of the four seats that video, internet or telecommunica- and interest, sell the property for less ity revolving loan fund and the providing aid or assistance to one are currently held by experienced tions to customers in the TVA area. than this amount. drinking water revolving loan fund. another. utility district managers with a con- No more than one person per associ- Effective July 1, 2009. These fees can include, but are not Effective June 9, 2009. sumer who is a Tennessee resident ated municipality or municipal util- limited to, reimbursement of all and who may have experience in ity may serve on a cooperative’s TORT LIABILATY costs of financing by the authority. Chapter No. 409 (SB2038/ residential development but is not board at any one time. Chapter No. 206 (SB1327/ Effective May 18, 2009. HB1976). Tennessee Local Devel- engaged in utility district manage- Effective June 23, 2009. HB1409). Certain community ac- opment Agency loans. Amends ment or operation. The consumer tion agencies and nonprofit corpo- Chapter No. 316 (SB1539/ T.C.A. Title 4, Chapter 31 and Title member will be appointed to a four- WEAPONS rations included in tort liability HB0875). Supplemental petition 68, Chapter 221 by clarifying that year term at the expiration of the Chapter No. 288 (SB1992/ act. Amends T.C.A., Title 29, Chap- filing. Amends T.C.A. § 7-82- for purposes of the Tennessee Local term of office of a utility district HB1778). Confiscation of fire- ter 20, Part 1 by including commu- 302(e) by requiring that supplemen- Development Act, a local govern- manager that first occurs after the arms during emergencies prohib- nity action agencies and nonprofit tal petitions filed with county ment unit, eligible to apply for loans, date that this bill becomes a law. ited. Amends T.C.A. Title 58, corporations that administer Head mayor(s) must be simultaneously includes any water or wastewater States that the Utility Management Chapter 1, Parts 1 and 2 by clarifying Start or community service block filed with Utility Management Re- authority or energy authority created Review Board may conduct a con- that the Governor’s authority to grants as “governmental entities” view Board, however, provision re- by an act of the general assembly. tested case hearing based on the re- regulate and control the possession, who are covered under the govern- quiring board’s review and com- For purposes of the Wastewater Fa- ports of a comptroller investigation storage, display, sale, transport and mental tort liability act. ment is removed. Also allows cilities Act, a local government, eli- or audit of a utility district. Utility use of firearms, other dangerous Effective May 13, 2009, and applies county mayor to exclude territory gible to apply for loans, includes any Management Review Board will is- weapons and ammunition during a to all causes of action accruing on or from the order granting a supple- water or wastewater authority or sue an order removing a member state of martial rule does not autho- after this date. mental petition if that territory is energy authority created by the gen- found to have failed to fulfill his or rize confiscation of lawfully pos- already receiving the services refer- eral assembly; has the authority to her fiduciary responsibility. sessed firearms and ammunition. UTILITIES enced in the order. administer a wastewater facility; or Effective July 11, 2009. Effective May 21, 2009. www.TML1.org 8-TENNESSEE TOWN & CITY/NOVEMBER 23, 2009 Livingston Mayor Curtis Hayes is an historical first in many roles

Rolley Hole Marbles Tournament at one. Being mayor isn’t my primary Standing Stone State Park in Sep- function. Livingston is unique in the tember is the world’s most challeng- way our charter is set up. Not only am ing marble tournament. It’s been I the mayor, I’m also the recorder. featured by ESPN, ABC News, We don’t have a city administrator or Sports Illustrated, Charles Kurault manager, so I wear many hats. I have on CBS, Smithsonian Institution, more than 80 employees and about CNN, National Geographic, South- eight department heads for water ern Living, and in many state news- plant, sanitation/sewer, water filtra- papers. Livingston and its historic tion, water distribution, natural gas, town square have unique antique streets, parks, police and fire. stores, adding to the small town at- I suppose I do the mayor’s job mosphere. Our town square symbol- when I get my picture made. I don’t izes a community that works to- have a vote on the board of aldermen gether toward a common goal to except in the case of a tie. In that case keep what we have while also work- I vote as a councilman. Managing the ing to expand. We work hard. city is the big job. The council, not Livingston represents family, truth the mayor/recorder, hires and fires and togetherness, especially in hard department heads. I draw a good sal- times. Our in- ary as the city recorder, not as mayor. frastructure We’ve been able to sustain city is set. The fu- services so well because my great ture is bright. staff acts as a team. Our employees Curtis Hayes, Jr. The best is are some of the strongest assets of Livingston Mayor/Recorder yet to come. Livingston. One lady in this office What helps is who has worked here for more than BY GAEL STAHL that few cit- 30 years has played a major role in ies our size keeping us straight. Tennessee has yet another poli- can compete tician to add to its abundant share with the edu- TT&C: You are saying that the who have made history in interna- cational op- council, not the mayor/recorder tional, national, state, and local portunities determines municipal initiatives governments. The latest, William we offer. such as getting a new city dump? Curtis Hayes Jr., has featured new Then you make it happen? and unexpected ways. He started TT&C: CH: Yes, my council sets policy for early. Born July 9, 1974, he was 11 What are the future and controls the purse of when he got his first job hauling hay those educa- the city. I set the budget; they ap- during the summer months for a tional op- prove it. The council gives me its local farmer. A mere 15 years later, portunities? blessing most of the time. I’m in in 2000, he was elected the first CH: One of charge of the day-to-day operations. African-American alderman in our major as- There is a certain amount of dollars Livingston history. Elected mayor sets is our re- for each department. I manage it, and six years later, in 2006, he became education when you’re out of money, you’re not only the town’s first black mayor opportunities out. It’s all determined by the budget. and city recorder, but also its starting with Like many small towns, this re- youngest. I have a love and passion for kids. our great cession/depression hit us pretty hard. There are fewer than 60 African “ high school, We lost two furniture manu- Americans in Livingston, a town of I have enjoyed coaching football our Tennes- facturers that together employed 4,000 about 20 miles northeast of see Technol- 600-700 people. Other factories had Cookeville. For the community to for kids ages 6-11 for 16 years. ogy Center massive layoffs. The odd thing about elect Hayes mayor/recorder wasn’t ” that is one of this is that we didn’t lose a dime of as incredible as it might seem. When – Curtis Hayes, Jr. the best in the sales tax collection. My theory on the whole story emerges, his state. It’s a that is gasoline prices during that progress to elective office could four-year term as alderman on the influence your upbringing? skilled-trade school offering voca- time hit an all-time high. People seem, if not inevitable, a natural Livingston city council with a 75 CH: After my mother, the parents of tional programs such as auto me- started shopping at home more. progression from alderman at 26, to percent vote. Two years after that my three best friends helped more chanics, LPN nursing, and cosme- When the gasoline price hit $3.50 to mayor at 32, and a board member of history-making event, he ran for than anyone. They shaped my life tology. Another is our expanded $4 a gallon, our neighboring coun- the Tennessee Municipal League mayor in mid-term. His opponent and helped me become who I am. I branch of Volunteer State Commu- ties saw their sales tax drop because board at 35. was a 24-year incumbent who de- hung out with these three white pals nity College that was built with people were staying at home instead At the age of five years, his feated Hayes by 96 votes. Hayes was so much that we became known as town, county and private monies of going to other places, especially father, William Curtis Hayes Sr., re-elected alderman in 2004. He re- “The Crew.” Ever since, those guys matched by state funds. It offers Cookeville – the biggest city in our left his mother Christine Copeland ceived the highest vote total on the have been brothers to me just as two-year degrees. Those seeking region. Hayes. She raised the children slate. much as my younger brother four-year degrees have Tennessee alone, first in the housing projects Thus encouraged, he ran for Michael. Not a week goes by that I Technological University just 25 TT&C: Your mother’s family has on Preston Street for nearly three mayor in 2006 against three chal- don’t pick up the phone or have minutes away. been around a long time. The his- years after which they moved in with lengers: the new incumbent mayor, lunch or get together with them on tory section of the Livingston web her mother, Hettie Ann Copeland. a former mayor, and a female candi- weekends. Even the one I see the TT&C: Did you have a particular site says the 40-acre tract for Hayes grew up there along with his date. He won 150 more votes than least, who is in the Marines, stays in reason to run for office? Livingston was purchased Aug. 10, sister Crystal, three years behind the three combined. The governor contact by phone. Don’t get me CH: Specifically, we had a water 1833. And, the intriguing obituary him, and his brother, Michael, 11 has since appointed him a member wrong. My mother did a fine job problem, a great shortage of raw in the Livingston Enterprise of years younger. His grandmother’s of the state Homeland Security raising me. But those three families water that I, like anybody, went Sept. 13, 1935, says your great- home was a single-wide trailer Council, and last June, he was were inspirations to me. around talking about. I thought I’d great-great grandmother Vestine, about two miles from where he now elected a TML board director. make a stab at running for city coun- was born in 1844, before the city works. She worked at Lady Ann He was the first mayor to install TT&C: When did you marry? cil. I was probably 25 years younger was established? Hospital and Hayes’ mother a computer in the mayor’s office. CH: I married a girl two years ahead than anyone else on the board but felt CH: Yes, Ronald Dishman re- worked at a shirt factory. His staff, of course, had computers of me in school, Julie Hill. She’s the I could help in some way and knew searched my ancestors back six gen- Among Hayes many jobs were much sooner. Now, as city recorder, daughter of Jerry and Linda Hill and what I wanted to do. One of the erations to Vestine Capps Copeland as a city police officer, a sheriff’s he is able to stay in better contact is now the business office director at council’s first items of business that who died at age 92. She was the last deputy, working part-time as a con- with his staff, other local govern- Livingston Regional Hospital. We year was to find a permanent water surviving slave in Overton County. tract painter for Tennessee Techno- ments, state officials, and with state- knew of each other in grade school supply for the town. The man-made She was, indeed, born in the early logical University, briefly as a la- wide and federal organizations. and high school but didn’t really get lake that was engineered in 1963 days of Livingston. Her mother, borer for W&O Construction Com- Hayes is a graduate of numer- to know one another until after we was drawn up to serve about 2,000. Emily Capps, was a slave of Doak H. pany, and for Eagle Medical, a com- ous courses of the University of graduated. We got married when I We currently have about 6,000 wa- Capps, a pioneer merchant of pany that delivers hospital beds, Tennessee’s Municipal Technical was a city policeman, not long after ter customers. Our water service ex- Livingston. oxygen tanks, wheel chairs, walk- Advisory Service. Among the I graduated. While ours is not the tends outside the corporate limits. ers, and other medical or health courses he took were Certified Pub- first racially integrated marriage in The solution we chose in 2000 was TT&C: You and your sister Crys- items that doctors prescribe for use lic Administrator, Certified Policy the community, it’s close. We have to go to the Cumberland River. It tal were three years apart but your in the home. He also had his own Maker, Elected Officials Academy – two handsome sons, Creed 15 and took us nine years to run a 20-inch brother was 11 years younger, a business, Hayes Painting. Levels 1 & 2, and the Local Govern- Carter 11. They are our pride and joy raw waterline from the Cumberland whole different K-12 school gen- When he was about 10, a ment Leadership Program. He’s a and of my mother and of Julie’s River at Butler’s Landing in Clay eration? Livingston couple invited the family graduate of the TN Economic De- parents. County, but I’m proud to say that as CH: Michael and I are probably to attend Grace Baptist Church ser- velopment Course and a Certified of just over a month ago, we began closer now than we have ever been. vices in Alpine, a small community Municipal Recorder by the TN Asso- TT&C: You won big majorities in pumping raw water 19 miles cross- He lives in Livingston and for the last just west of Livingston. It had a ciation of Municipal Clerks & Re- all your campaigns but one. How country from the Cumberland River six months has worked for the town’s private school that Hayes attended corders. He’s also served on the do you account for that, for to the Livingston Water Treatment wastewater distribution services. I for a year. Hayes transferred to executive committee of the Overton Livingston electing someone so Plant. didn’t hire him. The council hires public school after he was recruited County Chamber of Commerce, the young and a minority as an alder- personnel. I can recommend but at to play football. Upper Cumberland Development man and mayor/recorder? TT&C: What are your goals or the end of the day, unless there is a On graduating from Livingston District, and the Upper Cumberland CH: First of all, remember my fam- initiatives dealing with this down- tie, I don’t get to vote.Generally what Academy High School in 1993, he Human Resource Agency. ily and I were born and raised in turn in the economy? happens is supervisors recommend attended Roane State Community Livingston and Overton County. We CH: Our goal is first, keep what somebody and that is who the coun- College at the Crossville branch for TT&C: What was it like growing have always been treated fair and we’ve got. Do we want to grow? cil goes with. a year, then became the city’s first up without a father? equal. Probably, the stepping stone Absolutely. I’m big on positive full-time African-American city po- CH: I was raised by my mother who to my career has been my longtime change. We are still looking for the TT&C: Do you have any hidden liceman. He did that for five years worked long hours in a factory to involvement with the community as big box store that we don’t have yet hobbies that people don’t know and later became the first full-time make sure we children had a hot a city policeman, sheriff’s deputy, a – a K-Mart, Wal-Mart, or Target, for about? black sheriff’s deputy in Overton plate on the table. We never went long-time football and baseball example. Emotions are mixed about CH: Not hidden. My life is pretty County in the late 1990s. His law without those things. Make no mis- coach of 1,500 kids, and a cable that. On one hand, the town’s rev- much an open book. I do have a love enforcement roles kept him in the take, at the time it was a test. My camera man working city and county enues can use every penny of sales and passion for kids. I enjoyed public eye as did working four years mother missed a lot of my games events. As a 16-year-old, I never had tax revenue that we can generate. On coaching football and some baseball, as a Comcast Cable camera man because she had to work overtime. an ambition that I know of to be the the other, some of the Moms and too, for kids ages 6-11 for16 years. I filming all municipal events includ- She did it all by herself. mayor of Livingston. But my work Pops stores may close their doors. love to fish, but I don’t get to do it a ing city council board meetings, My working became a kind of led me in that direction, and my Still, the town would be more secure lot, and I enjoy being out on the lake school board meetings, county com- habit to try to help her out. My not heart’s always been in my home- since our budget is made up prima- and near water. Right now, one of my mission meetings, bluegrass festi- having to ask her for money helped town. I’m the biggest Livingston fan rily of state-shared taxes and prop- biggest hobbies has been watching vals and basketball games. her and my brother and sister be- there is. erty taxes. With every state talking my older son play high school foot- For 16 years, starting when he cause they didn’t have to worry of cutting some portion of state- ball. Creed is 14, a starting running was 18, he coached youth football about me. I always had side jobs TT&C: What does Livingston shared revenues, we small towns back for Livingston Academy High and baseball for children ages six when not playing football. For four have or do that makes you love it would be hurt. School. The team won in the first through 11. The parents of those years, in the summer, I worked full- so much? round of the playoffs but was de- 1,500 kids he coached and time doing maintenance at the city CH: Livingston has special attrac- TT&C: Do you have any long- feated in the second round. My other mentored didn’t forget him when he park. In the winter, when the park tions starting with the gorgeous roll- term goals as mayor/recorder? By son Carter is 10 and is probably in the later asked for their votes. Hayes was shut down, I sometimes worked ing hills you see driving into town the way, what does that title top five of his fourth grade class. His now says coaching wasn’t the secret in the city garage mainly changing from Cookeville, Gainesboro, mean? math scores are off the scale. He has to his political success but that was oil and tires and things like that. Celina, Byrdstown, Jamestown, or CH: As to goals, the goal is simple tested at the seventh and eighth grade a contributing factor. Monterey. Our nearby Dale Hollow for me. I don’t have any intention to levels. Creed and Carter have both When he came to run for public TT&C: Did you have any father Lake is the cleanest, most fun water be in office 20 years from now. been selected to the All Star baseball office in 2000, he was elected to a figures that helped raise you and venue for miles around. The annual There are a lot of easier jobs than this team every year they were eligible.