1-TENNESSEE TOWN & CITY/JANUARY 18, 2010 www.TML1.org

6,250 subscribers www.TML1.org Volume 61, Number 1 January 18, 2010 Transportation Committee recommends restrictions on city traffic safety cameras

BY JOHN HOLLOWAY counties employing traffic en- TML Government Relations forcement cameras • The impact the cameras have In its final meeting prior to the had on driver behavior by look- start of the 2010 legislative session, ing at the history before and after the House Transportation Commit- the installation tee voted on and approved a series of • The method of funding includ- legislative recommendations de- ing the nature of contracts be- signed to regulate the use of traffic tween the government agency enforcement cameras by local gov- and a camera vendor ernments– red light and speed cam- • The utilization of funds result- eras. ing from violations The following is a summary of A two year moratorium will be actions taken by the committee levied on new contracts or renewal which will be drafted and filed in the of existing contracts. form of legislation in the coming No local government may place days. and operate a traffic enforcement All new contracts and renewals camera after Jan. 1, 2011, on any of existing contracts will have to highway receiving state financial meet state standards to be deter- aid unless: mined by a working group of repre- • All engineering solutions to en- sentatives from the Tennessee De- force traffic safety have reason- partment of Safety, Tennessee De- ably been exhausted; partment of Transportation, the Ten- • Any contract shall provide only nessee Police Chiefs Association for payment of services rendered Lt. Gov. Ron Ramsey and House Speaker Kent Williams gaveled the Senate and the House into session and the Tennessee Sheriffs and no payment shall be based in advance of a special session called by Gov. Phil Bredesen to focus on education. See more General Association. The standards recom- on a percentage of revenue from Session photos on pages 8 and 9. mended by this group will then be traffic citations; subject to the approval of the House • First offense shall be $10, sec- 106th reconvenes; Governor calls Special Session Transportation committee. ond offense $25, third and sub- A POST certified officer of the sequent offenses $50 with a The Legislature has convened U.S. Department of Education’s 1.Adopting standards and assess- respective law enforcement agency maximum $10 court cost. the second session of the 106th Ten- Race to the Top competition. Sec- ments that prepare students to must review all video evidence from nessee General Assembly, with the ond, the “Complete College Tennes- succeed in college and the work- a traffic enforcement camera and The comptroller’s office may Senate beginning its first floor ses- see Act of 2010” will make changes place and to compete in the glo- make a determination if a violation conduct audits as deemed necessary. sion of the year with a moment of in law needed to improve college bal economy; occurred. The Chattanooga S-curve is ex- silence for former Senate Speaker completion rates, which lag behind 2.Building data systems that mea- The state comptroller’s office empt from the two-year moratorium. John Wilder, who died on Jan. 1. the nation. sure student growth and success, shall conduct a study of traffic en- Once filed, this legislation will Both the House and the Senate “The stars have aligned this year and inform teachers and princi- forcement cameras that shall in- go through the regular legislative were gaveled into session in ad- to create opportunities to make sig- pals about how they can improve clude: process for approval by the Tennes- vance of a special session called by nificant improvements in public instruction; • A list of all municipalities and see General Assembly. Gov. Phil Bredesen to focus on edu- education in Tennessee. When that 3.Recruiting, developing, reward- cation. happens, we’re obligated as public ing and retaining effective teach- In a joint session of the Tennes- officials to seize the moment,” ers and principals, especially see General Assembly, Bredesen Bredesen said. “That moment is where they are needed most; and TML Legislative Conference urged swift passage of a range of now.” 4 Turning around the lowest- education-reform proposals de- K-12 Education achieving schools. scheduled for March 8 - 9 signed to spur improvement in The first opportunity is the fed- Tennessee is viewed as com- Tennessee’s education pipeline - eral government’s Race to the Top petitive in Race to the Top by na- specifically, improving student per- competition. The American Recov- tional education-reform groups as a Hotel deadline for formance and graduation rates at ery and Reinvestment Act, signed result of key successes in recent group rate Feb. 10 both the high school and college into law by President Obama in Feb- years, including the adoption of ca- levels. Collectively, the proposals ruary 2009, provides $4.35 billion reer- and college-ready high school are known as the “Tennessee Edu- for the Race to the Top Fund, a sessions and to schedule time to standards through the American Di- Make plans now to attend the cation Innovation Plan.” competitive grant program designed visit with their legislators. ploma Project. Tennessee is also rec- Tennessee Municipal League’s The “Tennessee First to the Top to encourage and reward states that The voice of Tennessee’s mu- ognized for having one of the Annual Legislative Conference, Act of 2010” will make changes in are implementing ambitious plans in nicipal governments must be heard nation’s oldest and most robust data- slated for March 8 – 9 at the law as part of the state’s push in the four core education reform areas: See EDUCATION on Page 6 in the legislative process, and the DoubleTree Hotel Downtown TML Legislative Conference is a Nashville. key opportunity to communicate The two-day conference pro- that message. Bart Gordon to retire from U.S. Congress vides an excellent forum for city To register on line, go to officials to interact with their leg- TML’s web site at www.TML1. After more than a quarter-cen- tells me it’s time for a new chapter.” islators and to be updated on the org. Contact the TML offices at tury of public service to his home Gordon, the dean of the state’s many legislative issues currently 615-255- 6416 for more informa- state of Tennessee, U.S. Rep. Bart congressional delegation, is the sec- being addressed by the 106th Ten- tion. Deadline for hotel registra- Gordon announced his plans to re- ond Tennessee Representative who nessee General Assembly. tion is Feb. 10. To reserve a room tire from Congress when his current will not seek re-election. Rep. John City officials are also encour- and to receive the group rate, con- term ends in 2010. Tanner previously announced his aged to use their time in Nashville tact the DoubleTree at (615) 244- “I feel honored that the people plans to retire. Gordon said he made to attend Monday evening floor 8200. of Middle Tennessee have allowed his decision after consulting with his me to serve them for the past 25 wife, Leslie. years,” said Gordon. “Every deci- “Turning 60 has led me to re- sion I have made in Congress has evaluate what’s next. I have an 8- MTAS bids adieu to longtime been with their best interests in year-old daughter and a wonderful mind. I hope the people here at wife who has a very demanding job. Legal Consultant Dennis Huffer home feel that I have served them as I am the only child of my 83-year-old well as their good advice and views mother, Margaret. They have made BY VICTORIA SOUTH have served me.” sacrifices to allow me to do what I Communications Coordinator “When I was elected, I was the love by serving in Congress, and youngest member of the Tennessee now it’s my turn,” said Gordon. Born in Winchester and congressional delegation; now, I’m Strengthening families has been growing up on a rural farm in one of the oldest. In fact, I have a common thread throughout Lynchburg, Tenn., Dennis members of my staff who weren’t Gordon’s time in Congress. During even born when I took office. That U.S. Rep.Bart Gordon Huffer learned all about the See GORDON on Page 5 rewards of working hard and doing the right thing. He also developed a healthy sense of Conducting effective DUI roadblocks humor. “Growing up on a farm, BY MELISSA ASHBURN we were isolated and didn’t MTAS Legal Consultant hear about a lot of different Dennis Huffer teaches a class at the professions,” Huffer, 58, Elected Officials Academy for the Munici- Many law enforcement agen- muses, kicking back in his pal Technical Advisory Service. cies conduct roadblocks aimed at trademark rocking chair at reducing the number of intoxicated the MTAS Nashville office. Law in 1976, the same year he was drivers and alcohol-related acci- “I only knew of three: teacher, law- admitted to the Tennessee Bar. dents on our roads. It may be months yer and dentist. Early on, I picked Then, in 1977, he delved into the before these agencies learn whether dentist. I guess I just thought dentist various legal aspects of local gov- the arrests and seizures made at rhymed well with Dennis. But, later ernment when he began working those roadblocks will be upheld. on I developed an interest in politics with the County Technical Assis- Based on numerous Supreme Court so I thought I’d have to be a lawyer tance Service (CTAS). rulings over the years, it is likely that to help people. I think it was a good Moving over to the Municipal arrests and seizures will be found choice.” Technical Advisory Service unconstitutional and charges Huffer will retire January 29, (MTAS), Huffer worked primarily brought will be dismissed. To avoid after 33 years of serving the state’s on municipal ordinance consulting this outcome, law enforcement municipalities. until 1989, when he left to become agencies must plan carefully and Graduating from Moore Director of Legal Services for the conduct roadblocks in such a man- Stopping a vehicle and questioning its occupants constitutes a seizure, County High School and receiving TML Risk Management Pool. ner that the prosecution of charges even if the purpose of the stop is limited and the questioning is brief. his Bachelor of Arts degree in En- “I really enjoyed working with brought against persons arrested in glish from Middle Tennessee State Dennis for more than 20 years,” re- the operation will be sustained. Court have held that stopping a ve- pose of the stop is limited and the University, Huffer received his calls Randy Williams, Risk Man- The United States Supreme hicle and questioning its occupants questioning is brief. Coolidge v. Doctor of Juris Prudence from the agement Pool director of client ser- Court and the Tennessee Supreme constitutes a seizure, even if the pur- See ROADBLOCKS on Page 6 University of Tennessee College of See HUFFER on Page 6 www.TML1.org 2-TENNESSEE TOWN & CITY/JANUARY, 18 2010

MANCHESTER A new ink manufacturing plant has opened its doors in Coffee County. The Newell Rubbermaid Liquid Manufacturing and Technology Center will employ about 60 people from the old plant in Shelbyville. BY TML STAFF REPORTS Works Association – in partnership The factory handles the design, test- with more than 200 surface water ing, and manufacturing of inks. ALCOA utilities throughout the country. More jobs should be added during Aluminum manufacturer ALCOA is the next three years. eliminating 90 jobs at its operations LA VERGNE in the Smoky Mountains foothills. The Department of Housing and Ur- MEMPHIS The latest layoffs come a year after ban Development (HUD) AHEPA Shoe and apparel manufacturer ALCOA eliminated 450 jobs and National Housing Corporation re- Nike plans to add 450 jobs with a stopped production on two pot lines. ceived an honor for “providing af- return center at its former distribu- Two-time Tony Award winner and recent Emmy winner, Paris actress ALCOA also said it was cutting 145 fordable senior housing to the eld- tion center. According to news re- Cherry Jones tests the waters alongside Lisa Rhodes, Tim Williams, jobs at its plant in Evansville, Ind. erly through the Section 202 Pro- ports, most of the new jobs would Susan Jones, Caroline Gurton and John Nichols in support of the New gram of the National Housing Act of pay under $25,000 per year in wages Year’s Day Polar Plunge to benefit the new Boys and Girls Club in CLARKSVILLE 1959 (supportive Housing for the and benefits. The new return center Paris. Clarksville has learned it is gaining Elderly).” AHEPA National Hous- would bring local employment by 300 new jobs at the automotive brak- ing Corporation operates AHEPA Nike to 2,250 and its total payroll to ly impressed that little interruptions years. Fifty of the police officer ing systems manufacturer formerly 343 Apartments, located at 121 Ma- $11 million. in service, either quality or quantity, trainees are being funded by an $8.6 known as Bosch. The plant on Inter- son Circle in La Vergne. The com- were experienced as the department million federal stimulus grant that national Boulevard in the city- plex is five years old and currently MEMPHIS upgraded its water plant. will pay their full salaries and ben- county Corporate Business Park, to houses approximately 52 residents Technicolor has laid off 105 work- efits for a period of three years. The be renamed Akebono after a corpo- in 50 apartments. The apartments ers from its Memphis DVD distribu- PIKEVILLE receipt of the grant allowed the po- rate buyout, will make a $13.5 mil- were only one of two complexes tion center. The Company spokes- A small manufacturer became a star lice department’s sworn positions to lion investment in new equipment chosen in the Southeast Region, ac- man said the cuts were due to a when its owner switched on one of grow from 1,315 to 1,365. Members beginning next year and increase its cording to Kathy Sanders with reduced demand for DVDs. The lay- the largest solar electric systems in of Class 62 will graduate in early payroll from just under 300 to a total AHEPA 343. A 50th Anniversary offs leave Technicolor with 1,727 the Volunteer State, and the first sun April 2010. of about 700 workers. Celebration was held at the com- full- and part-time workers at the power producer in Bledsoe County. plex. Guests include the Atlanta center. Life Line Foods, the county’s largest NASHVILLE JOHNSON CITY HUD Director, Nashville HUD and manufacturer, has installed 128 solar Nashville has inched closer to host- Mullican Flooring announced plans staff, local dignitaries, elected offi- MURFREESBORO panels on the roof of the family ing a World Cup soccer match and to expand production at its Johnson cials, Board President James A partnership between MTSU and owned liquid dietary supplements gaining unprecedented access to in- City plant. The company announced Mitchell, and AHEPA Management China’s Hangzhou Normal Univer- factory. The manufacturer received a ternational tourist dollars with the it will build a new solid pre-finished Company CEO Paul Hulse. sity will mark the opening of a 25 percent incentive grant from the announcement that the city is one of hardwood floor production line. school of Chinese study at MTSU, USDA Rural Energy for America 18 cities in the U.S. bid for the The move will add 25 jobs in the first LEBANON the Confucius Institute (CIMTSU), Program incentive, as well as other world’s largest sporting event. Now, quarter of 2010 and 50 jobs over the Permobil, a world leader in develop- with the goal of increasing cross- helps that ultimately paid for about the city must impress international next two years. Mullican Flooring is ing and manufacturing custom- cultural cooperation and education 75 percent of the $200,000 solar officials enough to help the U.S. beat about to celebrate its twenty-fifth made powered wheelchairs, re- between the two countries. MTSU is system’s purchase and installation. out other nations to host the 2018 or year in business. cently broke ground on a 120,000 one of only two U.S. schools to be The grid-tied system is expected to 2022 World Cup. Even if the U.S. square foot, $12 million North granted a Confucius Institute in generate half of the company’s elec- doesn’t win, not all cities in the bid KINGSPORT American Operations Center in 2009, joining the ranks of 80 other tric power and will feed into the will host matches. Kingsport’s Public Water System Lebanon’s Park 840 industrial park. schools across the country and 282 utility lines of Volunteer Energy has earned the highest Directors This project is the largest, single schools world wide. MTSU will be Cooperative, and the TVA. SEVIERVILLE Award from the Partnership for Safe capital investment Permobile has receiving $500,000 over the course This holiday season, the city’s Drinking Water, demonstrating a made since it was founded more than of five years by the Chinese govern- NASHVILLE Trees/Trails and Beautification commitment to providing maximum 40 years ago. Construction is slated ment in order to support the Mayor Karl Dean and Police Chief Board offered the “Give a Tree/ protection against microbial con- for completion in Summer 2010. CIMTSU, which will be managed Ronal Serpas celebrated the gradua- Take a Tree” program. Residents taminants. There are currently only The company anticipates growing in by both MTSU and HNU officials. tion of Police Recruit Class 61 as dropping off live Christmas trees for two other utilities in Tennessee that the next three to five years and they were sworn in as Nashville’s 28 recycling received three free tree have achieved the Directors Award, wanted to increase manufacturing MURFREESBORO newest police officers. The pair also saplings. The seedlings were do- Knoxville Utilities Board (KUB) efficiencies. Permobil currently has With a score of 99, Murfreesboro’s welcomed the 53 members of Police nated by the Trees/Trails and Beau- and Tennessee American Water – about 90 employees at its Eastgate water department has earned the Recruit Session 62, the class that tification Board. The Christmas Chattanooga and only six water sys- facility in Lebanon. In addition to designation ‘approved’ from the represents the first increase in the trees were mulched and reused for an tems in the United States have those employees, they also have 40 Tennessee’s Division of Water Sup- authorized strength of the Metro alternate daily cover at the Sevier earned Phase IV recognition. The sales representatives and regional ply after a Sanitary Survey was con- Nashville Police Department in six Solid Waste landfill. Partnership is a voluntary organiza- sales managers in the field. In the ducted between Oct. 14 and 15. The tion involving six organizations – next three to five years they expect to 99 is a nine point increase over the Funding Board sets state’s FY including the Environmental Protec- double their workforce. 90 the system scored in 2008. State tion Agency and American Water inspectors were especial- 2010, 2011 revenue estimates The State Funding board ex- unknown variables that go into eco- pects the revenue growth rates to nomic forecasting.” range between negative 1.50 per- “With this economy, it is diffi- cent and negative 0.25 percent for cult to predict what’s going to hap- fiscal year 2010 and 1.7 percent to pen this week, much less six to 18 2.2 percent for fiscal year 2011. months into the future,” said Trea- The Funding Board’s revenue surer David H. Lillard Jr., another BY TML STAFF REPORTS Rep. John Mark PJ Snodgrass estimates are used by the adminis- Funding Board member. “There is Windle is at Camp has joined the tration and legislature in determin- some consensus that the economy is A bill to rename the Somerville post Shelby, Miss., Municipal Tech- ing steps necessary to close the cur- in the process of rebounding, but it is office after former Tennessee Lt. where the Army Na- nical Advisory rent year budget, ending June 30, possible the recovery of state tax Gov. John Wilder has cleared its tional Guard’s Service staff as a 2010, and in preparing the budget revenues will be constrained for a final legislative hurdle by passing 278th Armored training consult- for state government for the new longer time because credit is tight the U.S. Senate. Rep. Marsha Cavalry Regiment ant. Snodgrass fiscal year beginning July 1, 2010. for individuals and small businesses Blackburn sponsored the bill with is training for de- Windle comes to MTAS The estimates are based on the as- and the rate of personal savings is Rep. Steve Cohen of Memphis. ployment to Iraq in February. from the Univer- Snodgrass sumption that there will be no in- still high. Because of that uncer- Recently deceased, Wilder, a Windle, 47, an attorney who has sity of Tennessee Information Tech- creases or decreases in the state’s tainty, I think most Tennesseans Democrat from Mason, was Senate served in the House since 1991, nology Department. Her most re- tax rates or its schedule of fees, fines would agree it is prudent to be cau- speaker for 36 years; retiring from missed the 2005 legislative session cent experience is as Assistant Di- or other charges. tious in forecasting our estimates.” the Legislature in 2008. while deployed in Iraq. He is a lieu- rector of the IT Business Office. Funding Board members heard “The Funding Board will con- tenant colonel. presentations from the Tennessee tinue to closely monitor Tennessee’s Gov. Phil Bredesen has been Longtime Chancery Court Judge Department of Revenue, the Gen- tax revenues each month. Another named co-chair of Achieve Inc., a Ann Butterworth, Howell Peoples of Chattanooga is eral Assembly’s Fiscal Review meeting will be held in the spring to bipartisan nonprofit based in Wash- assistant to the resigning March 31. Peoples has Committee and Tennessee econo- review and possibly revise the esti- ington, D.C. The board is comprised Tennessee Comp- been a judge for 32 years. Gov. mists representing the three grand mates if conditions warrant that of six governors and six leading troller of the Trea- Bredesen will name his replacement divisions of the state about their prior to final adoption of the Fiscal chief executive officers. sury for Public Fi- based on recommendations from the expectations for the revenue situa- Year 2011 budget,” said Secretary nance Justin Wil- Judicial Selection Commission. tion over the next fiscal year. of State Tre Hargett, another Fund- Rep. Vance Den- son and his voting Butterworth Following those presentations, ing Board member. nis has been ap- representative on the Tennessee Mike Morrow has the Funding Board staff worked The Funding Board also esti- pointed as Chair- Housing Development Agency’s been named admin- throughout the week to develop a mated that the state lottery’s rev- man of the House board of directors, was elected as istrator of the year consensus for revenue estimates. enues will experience little to no Civil Practice and President of the 2009 – 2010 Na- by the Tennessee Funding Board members chose to growth over the next four fiscal Procedure Sub- tional Conference of State Housing Chapter of the take a cautious approach. years. The Board agreed on a range committee. A Dennis Boards (NCSHB) Board of Direc- American Society “Estimating the state’s rev- of lottery revenue projections that Hardin County native, Rep. Dennis tors. Butterworth is responsible for for Public Adminis- enues is one of the most difficult call for 0 percent to 1 percent growth continues to serve on the House reviewing and responding to local, tration. Morrow has tasks that we have,” said Comptrol- through the fiscal year that ends June Health and Human Resources Com- state and national legislative and worked 34 years for Morrow ler Justin P. Wilson, who serves as 30, 2014. mittee, the House Judiciary Com- regulatory actions making an im- the state and is a deputy commis- the Funding Board’s Secretary. In addition to Wilson, Lillard mittee, and the House Public Health pact on public finance in Tennessee. sioner in the Department of Finance “But it’s also one of the most impor- and Hargett, the Funding Board Subcommittee. He is also the Vice- Butterworth also serves as Director and Administration. He was named tant tasks we have. We want these members are Governor Phil Chairman of the House Republican of the Office of Open Records Om- administrator of the Tennessee Re- numbers to be as accurate as they Bredesen and Finance and Adminis- Caucus Task Force on Crime. budsman. covery Act Management Office. possibly can be, given all of the tration Commissioner David Goetz.

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Office: (931) 433-6907 FAX: (931) 433-9714 Toll Free (888) 752-7126 Email: [email protected] 3-TENNESSEE TOWN & CITY/JANUARY 18, 2010 www.TML1.org Rain gardens: calming the storm in Tennessee

BY VICTORIA SOUTH and compost, acts like a sponge TML Communications Coordinator where the water is absorbed and cleaned before it leaks out onto the Rain drops keep falling on your ground. head? Not a problem; it’s the con- “When a rain garden is installed, taminants distributed by stormwater the area goes from an eyesore to a runoff that can affect the environ- beautiful garden that enhances the ment unfavorably. Stormwater that community,” says John McFadden, flows over land or impervious sur- TEC executive director. faces such as paved streets, parking With the strong possibility of lots, building rooftops, and along Tennessee following in the footsteps industrial and construction sites col- of other states, such as Kentucky and lects debris along with chemicals, West Virginia in incorporating grease, sediment and other pollut- green infrastructure into environ- ants. mental requirements,environmental Unlike sanitary wastewater, groups such as TEC are encouraging these contaminants can harm the and helping cities to utilize best water quality of a community’s riv- practice methods such as rain gar- ers and streams. With so much at dens. stake, in addition to mandatory EPA “We are going to be working Phase I and Phase II regulations, the with stormwater partners through a Environmental Council of the States series of educational courses geared (ECOS) passed a resolution in 2007 toward smaller cities,” McFadden to encourage the use of green infra- continues. “Part of the problem structure to mitigate the impacts of across the state is directly linked to sewer overflows and as a tool to development and landscaping; the protect public health and the envi- creation of flash flooding along as- ronment. phalt and rooftops. Also, flooding Spring Hill’s new rain garden at Harvey Park is an example of how cities are voluntarily incorporating “green “Most cities deal with three along creek channels is eroding the infrastructure” to help filter stormwater runoff and combat environmental pollution.Stormwater pollutants can utilities,” said Beau Herring, former soil and widening the channels.” include trash and debris, sediment, paint, oil and other hazardous substances that infiltrate and contaminate stormwater coordinator and director Rain gardens in developed areas lakes and streams. of codes in Spring Hill. “Stormwater help to capture and control this type is the fourth and I predict will be the of flooding,” McFadden notes. number one priority for cities in the According to the TEC website, future.” sediment is the leading cause of wa- Spring Hill’s recently installed ter pollution in Tennessee. It is esti- rain garden funded through the Ten- mated that nearly 40 percent of the nessee Environment Council (TEC) sediment entering the state’s and the Tennessee Department of streams is from creek bank erosion. Agriculture is already making an TEC volunteers planted trees educational and environmental im- along McCutcheon Creek in the pact at Harvey Park, where a blue- Duck River watershed as part of the line stream, McCutcheon Creek, TEC Watershed Support Center. flows consistently throughout the Each month, TEC offers opportuni- year. The garden will reduce the ties for volunteers to help with amount of polluted runoff entering stream restoration, greenways and the creek, which is vital since all of rain garden projects and/or tree the city’s creeks are on the state’s planting outings. The group is cur- endangered list, listed as 303D Im- rently coordinating the Tennessee paired Streams. Tree Project, with a goal to plant 1 “We want to set an example for million trees by 2020 and to engage developers and residents and dem- as many Tennesseans as possible in onstrate how rain gardens work,” the process. Information is available said Herring. “We also want people athttp://www.tectn.org/ Before the rain garden project at Spring Hill’s Harvey Park, stormwater flooded this depression near a blue line stream, McCutcheon Creek. A blue line stream is one that flows continuously throughout the year.

tween the city and the YMCA. Part of the parking lot develop- ment includes a rain garden, which What is a rain garden? became an Eagle Scout project. A rain garden is a garden Athens has vowed to build 250 which takes advantage of rain- rain gardens in the future and en- fall and stormwater runoff in its courage infiltration of storm water design and plant run off. selection. Usually, it is a small “With an EPA Wetland Grant garden which is designed to we are going to develop promotional withstand the extremes of mois- video and brochures on rain gar- ture and concentrations of nutri- dens,” said Shawn Lindsey, Athens ents, particularly Nitrogen and Public Works director. “We will Phosphorus, that are found in also offer a grant to our residents for stormwater runoff. city crews to design, excavate, and Rain gardens are sited ide- Photo by Victoria South give homeowner composted wood ally close to the source of the and leaf mulch to use in a rain gar- runoff and serve to slow the is in how it gets its water and what den. Our goal is to give away or stormwater as it travels down- happens to that water once it ar- encourage the construction of 250 hill, giving the stormwater more rives in the garden. Below the rain gardens and other infiltration time to infiltrate and less oppor- surface of the garden, a number Unlike sanitary wastewater, stormwater contaminants can harm the technologies in the next two years.” tunity to gain momentum and of processes are occurring which water quality of a community’s rivers and streams. According to Herring, rain gar- erosive power. mimic the hydrologic action of a to know that they can put small rain display_headline.php?id=51. Visit dens should become commonplace On the surface, a rain garden healthy forest. Stormwater is gardens on their own property.” the TEC events calendar at http:// in Spring Hill. The city plans another looks like an attractive garden. It cleaned and reduced in volume As a best management practice tectn.org. large rain garden project in Novem- may support habitat for birds and once it enters the rain garden. initiative (BMP) in green infrastruc- Last year, the Tennessee De- ber and plan to install a rain garden butterflies, it may be a formal Multiple rain gardens over an ture, a rain garden is a shallow, con- partment of Environment (TDEC) for each municipal project in the landscape amenity or it may be area will have a positive cumula- structed depression planted with awarded a total of $100,000 to four future as an example for residents incorporated into a larger garden tive effect on both the volume deep-rooted native plants and cities for rain garden projects: Nash- and developers. as a border or as an entry feature. and quality of stormwater run grasses. When the garden receives ville, Knoxville, Athens and Lake- “When it comes to stormwater What makes it a rain garden off. the runoff from hard surfaces such as land. Utilizing a $30,000 grant from we didn’t do it right years ago,” said Low Impact Development Center, Inc. a roof or driveway, it holds the water TDEC, TVA and the Southeastern Herring. “Now we are a perfect ex- briefly and filters it before it reaches Watershed Forum, Athens immedi- ample of what not to do and how to tives, visit the Rain Garden Network visit the Tennessee Stormwater creeks and streams. The rain garden ately set to work building a 100 make it right.” at www.raingardennetwork.com Association at http:// at Harvey Park treated with a mix- percent green parking lot to address For more information about rain For more information about local tnstormwater.org ture of porous materials, dirt, sand, a runoff problem the lot shared be- gardens or other stormwater alterna- stormwater management efforts, The Tennessee Stormwater Association, MS4 regulations Todd Spangler, immediate past our various members and by out- state let alone the nation. In some govern our programs. TDEC was creating an environment that will president of the Tennessee side groups. areas infiltration is an excellent instrumental in helping to estab- be encouraging green infrastruc- Stormwater Association (TNSA) We are also going to be creat- method of helping to improve the lish our association, so they could ture in our local communities. discusses stormwater manage- ing new educational materials for quality of storm waterrunoff. How- better understand the issues and ment and how the association ben- use by our members and will be ever, in other areas this method can concerns of the local MS4s when TT&C: In what ways can mu- efits city and county Municipal creating a state wide stormwater create additional problems that are developing new regulations as nicipalities provide incentives Separate Storm Sewer Systems educational message for our mem- far worse than the benefit received passed down from the EPA. for developers and residents to (MS4) programs. bers and will try to match, as funds by altering the ground water table The relationship between use BMP’s such as rain gardens are available, the funds that each or destabilizing foundations when TDEC and TNSA has been a won- in order to manage stormwater TT&C: What initiated the devel- MS4 spends toward that statewide soil becomes over saturated. derful opportunity for each group effectively? opment of the TNSA? message to help broaden the effec- Because of this TNSA is work- to better understand the other and TS: Well the first and easiest an- TS: The TNSA was developed in tiveness of that message. ing hard to make sure that any new for us all to work together to make swer is to require a certain level of order to provide a link between regulations leave enough room to sure the regulations related to treatment for development and MS4’s that was only present in a TT&C: How has development adjust local regulations to meet the stormwater are developed in a then to help provide ways to ac- few localized areas previously. contributed to the increase of needs of the geographical area that manner that improves storm water complish that, such as rain gar- TNSA is helping to pull together pollution in stormwater? a community finds itself in. quality but also is done in a way dens. In a lot of MS4 communi- MS4 communities from every part TS: Development as a whole has that is most achievable by local ties, the community has devel- of the state and give us a forum to contributed to the increase of pol- TT&C: Does the association government. oped a StormWater Utility. share ideas and assist each other in lution in our storm water mainly foresee a regulations change re- There is a new permit that will Within these utilities, a credit or maintaining and improving our due to the reduction in pervious quiring developers to incorpo- be coming out for the Phase II reduction in fee can be granted for storm water programs. surfaces like fields and forest land. rate green infrastructure in the communities, that is all MS4’s the installation of BMP’s such as The stormwater community has immediate future? other than Memphis, Nashville, rain gardens. TT&C: In what ways does the just recently begun focusing more TS: This question brings to light Knoxville, and Chattanooga, Overall, though I think edu- association interact with and on efforts to minimize and treat another function of TNSA. We are (which are Phase I communities). cation is the best long term ap- help municipalities? polluted runoff. In a lot of ways the voice of MS4 communities to We anticipate that additional proach. When the public becomes TS: TNSA’s main goal is to pro- this can be done in conjunction the statewide public and to the requirements will be included in aware of the benefit that these vide educational materials for MS4 with infrastructure that was devel- Tennessee Department of Envi- this permit that will push for types of BMP’s have on our envi- communities to utilize within their oped under the old methodology. ronment & Conservation (TDEC) greener, or lower impact design of ronment and quality of life, they storm water programs. This is ac- Methods to improve storm- which issues the permits by which development in the future. To what will begin requiring these types of complished by acting as a clearing water quality are varied and will be we operate. It is through TDEC extent that will be I cannot say at things from the developers and house of information developed by different for different areas of the that regulations are formed that this time but, it will definitely be communities in which they live. jobs in mining and construction. Year-over-year, health care and so- cial assistance jobs grew by 7,500, federal government jobs grew by 1,500 and local government educa- BY TML STAFF REPORTS could bring in several million ad- ditional dollars each year. The tional service jobs grew by 1,100. Tennessee has been selected by the state took over collections from lo- National Governors Association cal clerks this summer and discov- A study ranked Tennessee as the Center for Best Practices (NGA ered that as many as 100,000 Ten- fourth-happiest state in America Center) to participate in the Policy nessee businesses had not been pay- based on the answers of Tennesse- Academy on State Strategies to ing taxes on gross receipts, many of ans and what researchers called Achieve Graduation for All. The them for several years. “What we objective measures of good living. state will receive $50,000 to develop found was kind of surprising,” Rev- The Centers for Disease Control a dropout prevention and recovery enue Commissioner Reagan Farr polled more than 1.3 million people work plan that supports the develop- told lawmakers. The state is offering across the country, and only three ment of state policies and practices to waive penalties if businesses vol- states, Louisiana, Hawaii and designed to increase graduation untarily register and pay three years Florida, ranked higher in happiness rates. As part of the Academy, Ten- of back taxes with interest before than the Volunteer State. The places nessee will receive an in-depth data being contacted by the state. Com- where people are most likely to re- analysis of the location and scope of panies that wait to be contacted will port happiness also tend to rate high the dropout problem in the state, use have to pay six years to 10 years of on studies comparing things such as The town of Erwin borrowed $1.3 million from the Tennessee Munici- information from the analysis to back taxes plus interest and penal- climate, crime rates, air quality and pal Bond Fund for municipal improvements including a new public identify project activities and par- ties. schools. works facility.Seated are Mayor W. Don Lewis and City Recorder ticipate in Policy Academy meet- Randy Trivette; standing are Alderman Gary Chandler, TMBF Presi- ings. The program will help clearly About $1.1 million in federal This winter TDOT will use beet dent and CEO Charles “Bones” Seivers, TMBF Representative Joe identify the dropout problem; assess stimulus money will be used to juice mixed with salt and salt brine Muscatello, and Vice Mayor James G. Tilson. gaps in student supports for prevent- create 100 temporary jobs in at various locations across the ing students from dropping out of Hancock County, where an esti- state to improve the ability to re- school and for recovering students mated 1,800 people have been move snow and ice from state Blue Ribbon Schools award. The The extension offers educational that drop out, create a dropout pre- looking for work. Fifty of the jobs roads and interstates. Beet juice is national award recognizes academic outreach and services to the state’s vention and recovery action plan for will be maintenance worker posi- a by-product of the beet after the excellence. To compete, schools farmers, families and youth. A year- implementation that includes pos- tions with the Tennessee Depart- sugar has been extracted. The de- must be invited by the U.S. Secretary long observance will stress farming sible tactics such as state policies, ment of Transportation. The other partment is also evaluating the ef- of Education. Schools competing accomplishments. Today, as part of executive orders, advisory councils, 50 positions will be either with pri- fectiveness of larger snow plows and this year are Grundy County High the UT Institute of Agriculture, UT legislation or regulatory reforms. vate employers or with local govern- some new tools for applying salt and School, Bethpage Elementary in Extension operates an office in ev- ment. Hancock County Mayor Greg de-icing agents. “The beet juice Sumner County, Cowan Elementary ery county. With nearly 302,000 4-H The editors of Business Facilities Marion said he and others will be compound will help the salt stick to in Franklin County, Douglass members statewide, Tennessee has magazine, a national economic de- recruiting private employers, in- the roadway for a longer period of School in Memphis, Big Sandy one of the largest such memberships velopment publication, have cluding restaurants and gas stations, time which will make the salt and School in Benton County and in the country. named Tennessee the magazine’s to participate. There is a possibility salt brine more effective and will Townsend Elementary in Blount 2009 State of the Year for the num- the county will be able to hire some help reduce the amount of salt used County. The schools all have at least A consortium of state and federal ber of new jobs created and people to serve as firefighters in a by TDOT,” said TDOT Chief Engi- 40 percent of students from eco- agencies, including the U.S. De- amount of capital investments county where there are currently neer Paul Degges. “The beet juice nomically disadvantaged back- partment Of Agriculture Forest made during the calendar year. only volunteers. The federal stimu- should also help reduce the amount grounds. In addition, they have ei- Service - Cherokee National For- The New Jersey-based magazine lus money will pay salary and ben- of salt that bounces off the roadway ther performed in the top 10 percent est, along with several private or- also named the Hemlock Semicon- efits for the positions, which will when applied by the trucks.” TDOT in the state or made exceptional ganizations in Tennessee, have ductor project in Clarksville, Ten- continue until Sept. 30. currently has more than 160,000 progress on state assessments. Win- signed a Memorandum of Under- nessee, its 2009 Silver Award win- tons of salt and more than 1.1 million ners will be announced in the fall and standing as part of an ongoing ef- ner for Economic Development State unemployment fell slightly gallons of salt brine ready for use. will be honored at a ceremony in fort to safeguard the state’s re- Deal of the Year, citing the in November, according to the The department has budgeted more Washington. sources from the potential impact company’s announced investment Tennessee Department of Labor than $12 million this year for snow of the most threatening non-native of $1.2 billion and the creation of and Workforce Development. and ice removal operations across TN Infrastructure Alliance re- invasive plants. The MOU estab- 500-900 new jobs. Business Facili- State unemployment for Novem- the state. cently completed a statewide, 95- lishes a clear path for a strategic plan ties editors said Tennessee won the ber was 10.3 percent, down from county “Truck Tour” to raise to be developed, pooling resources honor “due to an aggressive and cre- October’s 10.5 percent. The Ten- The state’s traffic fatalities during awareness and support for to prevent these species from getting ative development effort that defied nessee unemployment rate mirrored the New Year’s holiday weekend Tennessee’s infrastructure needs. a foothold in Tennessee. In addition, the economic downturn with a series a similar national decline, but still declined this year, according to The allliance highlighted the Ten- the MOU outlines the provision for a of multi-billion-dollar projects.” lags behind the national November the Department of Safety. Prelimi- nessee Advisory Commission on In- public information point source and Cementing Tennessee’s position on unemployment rate of 10 percent. nary reports indicate 10 people were tergovernmental Relations’ report: a citizen reporting system if these top were back-to-back announce- The November unemployment rate killed in Tennessee traffic crashes Building Tennessee’s Tomorrow: species are detected. ments that the world’s two largest one year ago was 7.2 percent. The during the 2009-2010 New Year’s Anticipating the State’s Infrastruc- polysilicon manufacturers, Hem- state reported the following signifi- holiday weekend, compared with 12 ture Needs. “Infrastructure is the January has been proclaimed lock Semiconductor and Wacker cant job gains between October and fatalities during the 2008-2009 holi- very foundation of society, and its “Radon Action Month” to help Chemie AG, would both locate ma- November as 7,300 in retail trade; day weekend. This year’s statistics development and maintenance is educate Tennesseans about the jor production facilities in the state. 1,800 in professional and business are from the 102-hour period from 6 one of the primary responsibilities of dangers of radon exposure and en- services, and 1,300 in health care p.m. Thursday to midnight Sunday. government,” said Pete DeLay, alli- courage actions to identify and to As Tennessee grapples with bud- and social assistance. The state also ance chairman. “Without basic in- address radon problems in the get cuts and declining revenue, reported significant decreases, in- Black men in Tennessee are unem- frastructure services - drinking wa- home. Radon test kits are available state officials say an incentive plan cluding the loss of 1,800 jobs in ployed at a rate nearly three times ter, sewer systems, flood control, a through home improvement and to collect unpaid business taxes, durable goods manufacturing, 1,300 higher than the state’s overall transportation network - the delivery hardware stores and the American coupled with a tax crackdown, in arts and entertainment and 1,000 working population. And while the of other services, such as education Lung Association or by calling the recession brings more clients of all and health care, fire and police pro- Tennessee Radon Hotline at 1-800- races to job search and readiness tection, are impossible.” 232-1139. For more information programs, the racial and gender dis- about the Tennessee Radon Pro- parities are pronounced in those of- This year marks the 100th birth- gram, visit Environment and fices and made clear to many black day of the University of Tennessee Conservation’s Web site at men. November unemployment Extension and 4-H in Tennessee. www.tn.gov/environment/ea/radon BY TML STAFF REPORTS The Internal Revenue Service data, the latest figures available for (IRS) plans to start registering all Tennessee and the nation, show Sales of previously occupied paid tax preparers in the country, about 18 percent of black men in the homes surged in November to the as well as requiring continuing U.S. and 28 percent in Tennessee are New mileage rate effective Jan. 1 highest level in nearly three years, education and exams, a system unemployed, compared with about 9 spurred by federal subsidies for that may take a few years to put in percent of all workers in the U.S. and BY RICHARD PHEBUS for 2009. You can go to IRS Rev- starter homes and a massive Fed- place. The IRS estimates more than 10 percent in Tennessee. MTAS Finance Consultant enue Procedure 2009-54 at the IRS eral Reserve push to drive down a million people offer tax prepara- Web site (http://www.irs.gov/pub/ mortgage rates. The strong figures tion services. Most offer sound ad- Gov. Bredesen has rejected a The Internal Revenue Service irs-drop/rp-09-54.pdf) for an elec- were driven by a race to take advan- vice, IRS Commissioner Doug worst case scenario for the state to announced on Dec. 3, 2009, a change tronic copy. tage of a tax credit of up to $8,000 for Shulman said, but many don’t, and save money through the early re- in the optional standard mileage rate Municipalities that reimburse first-time homebuyers. The credit the agency knows little about them. lease of thousands of prison in- for the calendar year beginning Jan. employees for business use of their has since been extended to next The exams and education require- mates. The governor said that the 1, 2010. The optional rate may be personal vehicles based on the fed- spring, but the government initially ments won’t apply to certified public proposals to release up to 3,000 in- used to reimburse employees for the eral optional standard rate should planned to end it Nov. 30. The pace accountants and attorneys, who mates convicted of nonviolent felo- use of personal vehicles in the course revise their travel policies to reflect of home sales is now up 46 percent have their own regulating bodies. nies would not have a lasting impact of business activities. this change if necessary. For those from its bottom in January and still But individuals and companies who because the vacated spaces would be The rate changed to 50 cents per municipalities that reimburse em- 10 percent shy of its peak from four train their own employees, such as filled by inmates held in county jails. mile for all business miles driven ployees for business use based on years ago, according to data released H&R Block and Jackson Hewitt Tax after Dec. 31, 2009. This is a reduc- the state of Tennessee mileage rate, by the National Association of Real- Services, will be affected by the Six Tennessee schools have been tion in the standard mileage rate of the current rate effective July 1, tors. changes. selected to compete for the 2010 55 cents per mile that was in effect 2009 is 51 cents per mile.

Tom Spencer Engineering | Surveying Territory Manager Knoxville Tri-Cities 570 Beechgrove Way (865) 546-5800 (423) 467-8401 Burns, TN 37029 USA www.VaughnMelton.com T (615) 973-0367 [email protected] www.sensus.com Your Project... Our Promise

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P.O. Box 2968 Murfreesboro, TN 37133-2968 (615) 895-8221 www.griggsandmaloney.com Money available through Tennessee Dyersburg implements 311 service Last fall, the city of Dyersburg Downtowns improvement program became the first non-metropolitan The Tennessee Department of introduction for communities across Point Approach to a larger number area in the state to implement 311 Economic and Community Devel- the state to the critical concept of of communities,” says Lauren services for its residents. Phase II of opment has launched a new pro- downtown revitalization,” said ECD Adkins, assistant director for field the program became available to gram, Tennessee Downtowns, a Commissioner Matt Kisber. “I en- services at the National Trust Main residents on Jan. 1. competitive community improve- courage communities to apply for Street Center. “This program shows Only the fourth city in Tennes- ment program for cities and coun- this innovative program and take the great promise and continues the see to provide the service, ties seeking to revitalize traditional first steps toward a rebuilding a strong record of success that Ten- Dyersburg took its place alongside commercial districts. The program thriving central business district.” nessee Main Street has achieved in Chattanooga, Knoxville and Nash- is open to communities with down- Communities that participate in recent years.” ville/Davidson County and became town commercial districts estab- the Tennessee Downtowns program Main Street revitalization is a the first city in West Tennessee to lished at least 50 years ago and may wish to continue a self-initiated comprehensive, incremental, self- adopt the 311 calling number. ready to organize efforts for down- downtown revitalization effort at the help economic strategy that also fo- The service connects tify the city concerning missed town revitalization based on the end of the program or apply for cer- cuses on developing public-private Dyersburg residents to city person- garbage pickup, potholes, prob- successful “Main Street Four-Point tification in the Tennessee Main partnerships to enhance community nel for non-emergency situations lems with traffic lights and water Approach to Downtown Revitaliza- Street Program through the competi- livability and job creation, while and offers citizens a direct line to leaks; or to ask questions about tion.” tive application process. Successful maintaining the historic character of city departments. how to pay their water bill or prop- Applications are available completion of the Tennessee Down- the district. “Three-one-one provides our erty taxes. online at www.tennesseemain towns program does not automati- For information about the Main citizens with one number to call for “Through the 311 service, we street.org, and must be completed cally result in qualification for the Street Program and the Main Street government service or to obtain in- have a vision to provide top-notch by Feb. 5, 2010. Main Street program. Four Point Approach, visit formation,” said Dyersburg Mayor service to the public,” said Mayor Tennessee Downtowns is part “A vibrant downtown is a cru- www.preservationnation.org/main- John Holden. “This service will en- Holden. “When residents dial 311, of ECD’s Tennessee Main Street cial piece of the economic develop- street/about-main-street/. able us to track customer requests they will talk to a live person in our Program and will award up to six ment puzzle for communities of all Tennessee’s Main Street pro- and provide feedback allowing in- call center. Operators will process innovation project grants. Success- sizes,” said Rick Meredith, assistant gram provides communities with creased accountability.” their complaints using software ful applicants will also receive an commissioner for Community De- technical assistance and guidance in Phase I of the service, put into designed to handle citizen service 18-month program of technical as- velopment at ECD. “A ground- developing long-term strategies that service in Dyersburg in November requests. Residents can also go on sistance which includes training on breaking program like this one will promote economic growth and de- 2008, is used for non-emergency the Internet and create their own downtown revitalization and his- help communities to lay the founda- velopment. The program provides requests for police, fire and emer- trouble ticket. We will be able to toric preservation, an introductory tion for sustainable economic information and assistance in forg- gency medical services within the track that ticket and it will auto- site visit, attendance at a two-day growth.” ing public networking and training city. Residents who wish to talk to matically send an e-mail or call to downtown revitalization workshop “The National Trust Main Street opportunities for downtown com- emergency responders in non-crisis the resident who created the ticket and a grant of up to $15,000. Center is very proud to see our part- mercial districts. situations may dial 311. when the issue is resolved.” “Tennessee Downtowns is a ner in Tennessee adding such an For more information about Phase II provides direct access Phase III of the system will natural extension of the Main Street innovative program which brings Tennessee Downtowns, visit to city departments and services. include an automated work order program and serves as a valuable the resources of the Main Street Four www.tennesseemainstreet.org. Beginning Jan. 1, residents were system that will allow Public able to use the 311 service to con- Works crews to receive and com- tact the police, fire or EMS services plete work orders in the field, with Roadscapes grants for 12 communities for non-emergency situations; no- portable data devices.

The state will award $618,806 in $119,198- The funds will be used tive grasses and wildflowers. Roadscapes Grants to 12 Tennessee for landscaping approximately cities. The grants will be used to 1,500 feet of existing median along •Greeneville, Greene County- assist local communities with land- State Route 60 and will incorporate $31,119— The funds will be used scaping improvements to area road- green infrastructure to mitigate for landscaping for the creation of ways. The Tennessee Roadscapes stormwater runoff. The native four scenic entryways into initiative was developed in 2006 as a plantings will include approxi- Greeneville’s historic locations. partnership between community or- mately 40 trees along with shrubs The project includes beautiful na- ganizations across the state and and bulbs. This project will use cur- tive landscaping and “Welcome to TDOT to create inviting spaces rent bio-retention methods to con- Greeneville” signs. NLC Conference March 13 - 17 through an integrated approach to trol stormwater and improve water roadside landscaping. TDOT funds quality. •Kingsport, Sullivan County- Come to Washington, March national leaders, members of the Ad- 80 percent of the cost of a project $32,085—The funds will be used 13 - 17, to join America’s cities and ministration and Congress, work- with the grant recipient contributing •DeKalb County-$20,000—The for landscaping work at four gate- towns as we forge a strong partner- shops to learn more about key issues the remaining 20 percent. Grants are funds will be used for four signs that way entries to Kingsport. The ship with the Administration and and NLC’s federal policy positions, derived from federal funds that are will be placed at various entry project will include native plants Congress. With economic recovery and a chance to flood Capitol Hill specifically earmarked for roadway points into DeKalb County. and “welcome to” signage along underway, but full recovery for cit- and advocate in favor of federal pri- enhancement projects. four different state route corridors. ies still a long way off, both the orities for America’s cities and The Tennessee Roadscapes pro- •Decaturville, Decatur County- Administration and Congress will towns. gram includes a variety of environ- $16,109—The funds will be used •Lakesite, Hamilton County- continue to have significant impact Take advantage of the advance mental stewardship and beautifica- for landscaping, signs and a tree line $29,280—The funds will be used to on the future of our communities. registration rates. Register by Feb. tion programs: landscaping with along State Route 69, which serves establish a separate, welcoming At the conference, city officials 15, 2010, and save your city nearly naturalized flowers and native flow- as an entryway to the city. A double identity for the gateway to Lakesite, will have the opportunity to learn $100 off the regular registration rate ering trees; memorials and parks; row of Tulip Poplars, the Tennessee a small community north of Chatta- about federal issues important to and $150 off the on site rate. To roadside tree planting; exotic and State Tree, will be planted along the nooga. This project includes a “Wel- America’s cities and towns, to register online or to download a reg- invasive plant removal; litter roadway to both beautify the area come to Lakesite” sign with sur- lobby Congress on those priorities, istration form, go to cleanup and prevention education and improve the environment. rounding landscaping. and to be a part of the unified voice www.nlccongressionalcityconference. programs; Adopt-A-Highway and we present to the Administration org. Adopt-A-Spot programs; and com- •Dyersburg, Dyer County- •Monterey, Putnam County- and Congress. For information, email: nlcreg munity landscaping at intersections, $39,207— The funds will be used $18,900—The funds will be used The conference program will [email protected]; or call: street corners, medians, entrances, for landscaping and replacement for planting some 10,000 daffodil include general sessions featuring 888-319-3864 or 703-449-6418 and gateways. signs at the four gateways to bulbs at two Interstate 40 exits (300 Dyersburg. and 301). Once planted, the daffodil Congressman Gordon to retire Communities receiving the bulbs will reappear each spring and Roadscapes grants are: •Erwin, Unicoi County- will continue to multiply each year GORDON from Page1 to represent them - in 13 elections, •Clarksville, Montgomery County- $107,068— The funds will be used providing a beautiful, naturalized his service, he has consistently Gordon has never lost any of the 15 $83,635 —The funds will be used to for rail fences, native grasses and landscape. worked to improve the quality of life counties in his district. In recent create landscaped signs welcoming shrubs to improve the Interstate 26 for working families by providing years, he has won re-election hand- in-bound travelers at each of the interchange at exit 36. The project •Mountain City, Johnson County- greater access to higher education; ily, earning 64 percent of the vote in major highway entry points to the will create a gateway to Erwin and $40,891—The funds will be used allowing workers to keep their jobs 2004, 67 percent in 2006, and 74 city. The goal of the project is to the state for travelers entering Ten- for streetscaping along Main Street. while managing a family emergency percent in 2008. enhance these gateway entrances by nessee from North Carolina along I- In addition to beautifying the down- such as a sick child, spouse or par- Gordon was named chairman of creating a welcoming landscape. 26. town area, this project will also im- ent; and working to preserve the the House Science and Technology Five separate areas will be land- prove pedestrian safety and create American dream by ensuring Committee in 2007, becoming scaped, one of which will be along •Goodlettsville, Davidson and motorist visibility by placing trees today’s students have the strong Tennessee’s first full committee the route visitors will take to the new Sumner Counties-$81,031—The and native flowers along the Main math and science skills they will chairman in 30 years. The congress- Wings of Liberty Museum at Fort funds will be used for landscaping Street curb. need for the jobs of the future. man said he is grateful for the oppor- Campbell. at Exit 96 on I-65 in Goodlettsville. For more information about the His constituents have repeat- tunity it presented to author land- Plantings at this large interchange Tennessee Roadscapes program, edly recognized Gordon’s efforts by mark legislation such as the America •Cleveland, Bradley County- will include large canopy trees, na- visit www.tn.gov/tdot/roadscapes . sending him back to the U.S. Capitol COMPETES Act. 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 expo- sures is staggering.

The Pool insures: • 40,575 municipal employees for workers’ compensation represent- ing more than $951.7 in annual payroll exposures; • 18,960 municipal vehicles with total insurable values of some $350 million for liability coverage; and provides • general liability coverage for 16,407 miles of streets.

5100 Maryland Way • Brentwood, TN • 800-624-9698 Your Partner in Risk Management since 1979 www.TML1.org 6-TENNESSEE TOWN & CITY/JANUARY, 18 2010 Governor calls Special Conducting effective DUI roadblocks Session for Education ROADBLOCKS from Page 1 New Hampshire, 403 U.S. 443 EDUCATION from Page 1 tion is based almost exclusively on (1971); State v. Simpson, 968 bases for tracking “student enrollment. S.W.2d 776 (Tenn. 1998). The growth,” or a child’s improvement “At a time when state resources Fourth Amendment requires that in the classroom over time. are tighter than ever, we’ve got to searches and seizures be reasonable. In addition to removing limita- prioritize how we spend those finite Generally, for the seizure of a ve- tions on the use of this Tennessee dollars and retool our funding for- hicle to be reasonable, there must be Value-Added Assessment System mula to make it based on success and some type of individualized suspi- (TVAAS) data, the First to the Top outcomes, including higher degree cion of wrongdoing justifying the Act includes measures to establish completion rates,” said Bredesen. stop. an Achievement School District to “It’s the responsible thing to do for A sobriety checkpoint aimed at intervene in consistently failing the budget and, more importantly, removing drunk drivers on the road schools, require annual evaluations that change, as much as any other, has been found permissible by the of teachers and principals, create a will drive decisions at the campus court, as well as a similar roadblock 15-member teacher evaluation ad- levels and help really focus us on the with the purpose of verifying driv- visory committee to recommend core mission of college comple- ers’ licenses and vehicle registra- guidelines and criteria to the State tion.” tion. Michigan Dept. of State Police Board of Education, and to allow In addition to changing the v. Sitz, 496 U.S. 444 (1990); Dela- local school systems to create local funding formula, the Complete Col- ware v. Prouse, 440 U.S. 648 salary schedules for teachers and lege Tennessee Act makes commu- (1979). The court has clarified such principals with state approval. nity colleges a centerpiece of the opinions, stating “in none of these Higher Education state’s strategy by expanding com- cases, however, did we indicate ap- The second opportunity comes mon programs and common courses proval of a checkpoint program A sobriety checkpoint aimed at removing drunk drivers on the road has as Bredesen concludes nearly year- to promote consistency and quality whose primary purpose was to de- been found permissible by the court, as well as a similar roadblock with long talks with a bipartisan group across the two-year system, create a tect evidence of ordinary criminal the purpose of verifying drivers’ licenses and vehicle registration. of state lawmakers on how to im- statewide transfer policy so any stu- wrongdoing.” Indianapolis v. prove higher education in Tennes- dent who earns a two-year degree at Edmond, 531 U.S. 32, 37 (2000). The defendant was directed to pull lic interest,” and (3) “the severity of see, consisting of colleges and uni- a community college can move on to A central concern of the courts over by a municipal officer, not a the interference with individual lib versities in the Tennessee Board of a four-year university as a junior, is whether the public interest served trooper. The officer questioned him erty.”]. Regents and the University of Ten- and requiring the Board of Regents by the roadblock outweighs the in- while a drug dog circled his car and Checkpoints set up to reduce nessee systems. and University of Tennessee to es- terference with individual liberty. alerted the officers to the presence of crime or to enforce drivers’ license The Volunteer State lags the tablish dual-admission and dual-en- The only constitutionally allowed marijuana. The court found the sei- laws must have more specific pur- nation in completion of bachelor’s rollment policies at all two- and roadblocks are those carried out zure to be unconstitutional due to the poses, which should be supported by degrees, ranked 40th, and associate four-year colleges and universities. pursuant to a plan containing ex- unlawful delegation of State High- statistical evidence that establishes degrees, ranked 45th. On average, Bredesen urged lawmakers to plicit, neutral limitations on the con- way Patrol authority to local offic- compelling governmental interests only 46 percent of full-time stu- move swiftly to approve the plan. duct of the individual officers ex- ers, and also because the roadblock served by such roadblocks. dents at four-year schools graduate “Our Race to the Top applica- ecuting the roadblock. did not follow General Order guide- In the case State v. Hayes, 188 within six years, and only 12 per- tion is due at the U.S. Department of In State v. Downey, 945 S.W.2d lines in most respects. S.W.3d 505 (Tenn. 2006), the Ten- cent of full-time community col- Education in Washington on Janu- 102 (Tenn. 1997), the Tennessee If roadblock procedures ad- nessee Supreme Court ruled that an lege students attain associated de- ary 19th - just one week from today,” Supreme Court held that a sobriety equately limit field officer discre- identification checkpoint at the en- grees within three years. Bredesen said. “In the November roadblock that was not established tion, the next test applied by the trance to a public housing develop- The Complete College Ten- guidelines, the federal government and operated in accordance with courts is whether the roadblock ment was unconstitutional.The nessee Act proposes key measures made it clear: Those states that will predetermined guidelines resulted posed a risk of arbitrary intrusion on Court found that the State’s asserted to improved Tennessee’s college- be the most competitive will be the in an unreasonable search and sei- individual rights and liberties. The interest in establishing the check- completion rates. “These strategies ones that have new policy changes in zure of the defendant. The court United States Supreme Court ex- point to ensure residential safety by are a natural extension of K-12 edu- place at the time of the application. clarified that the ruling does not plains that the constitutionality of detecting and deterring unautho- cation reform measures,” Bredesen But I want to be clear, while our void all sobriety roadblocks: roadblock arrests requires a three- rized visitors was insufficient. The said. “In fact, Race to the Top share of $4 billion would be signifi- a highway roadblock which is pronged test: (1) “a weighing of the State offered no statistics or other places a premium on states that cant, there are no guarantees. Fur- established and operated in ac- gravity of the public concerns evidence establishing a causal rela- aren’t simply focused on getting thermore, money can’t be the main cordance with predetermined served by the seizure,” (2) “the de- tionship between unauthorized visi- kids through high school, but also reason for making these changes. guidelines and supervisory au- gree to which the seizure advances tors and risk or harm to residents. are looking at college enrollment.” The fact is, we’ve been talking about thority that minimize the risk of the public interest,” and (3) “the se- The court also found that the The legislation includes a new these ideas for years. In 2010, this is arbitrary intrusions on individu- verity of the interference with indi- checkpoint failed the Downey test, approach for funding higher educa- the way the education world is mov- als and limit the discretion of vidual liberty.” Brown v. Texas, 443 as no predetermined guidelines or tion. Currently, the state’s anti- ing. Tennessee can and should lead law enforcement officers at the U.S. 47, 50 (1979). In the Downey supervisory authority existed, and quated formula for funding educa- the way.” scene is valid under the Tennes- opinion the Tennessee Supreme the discretion of field officers was see Constitution. Downey at 112. Court determined that sobriety road- not sufficiently limited. The State v. MTAS bids adieu to longtime blocks, in particular, satisfy the first Hayes opinion provides ample What guidelines should be fol- two requirements of this test. Note: warning to law enforcement agen- Legal Consultant Dennis Huffer lowed? The courts cite the Tennes- This determination was not ex- cies to be very cautious and diligent see Department of Safety General tended to roadblocks to check driv- when planning and executing identi- HUFFER from Page 1 ally, MTAS and municipal govern- Order 410-1* as containing the ap- ers’ licenses and registration, for fication checkpoints. vices. “His municipal law exper- ments across Tennessee, and even if propriate guidelines for sobriety which the State must satisfy the first Although roadblocks can be ef- tise, legal opinions and reviews of he does, his humility would prevent checkpoints. The General Order ap- two requirements of the three- fective in removing drunk drivers legislation have enhanced the qual- him from acknowledging it. I will plies only to the Highway Patrol, but pronged test. When reviewing sobri- from the roads and for other pur- ity of local governance in Tennes- forever be better for my time with it serves as a good form to follow for ety checkpoints, the courts now fo- poses, careful planning and execu- see.” Dennis.” local jurisdictions drawing up their cus on the third requirement, analyz- tion are vital to the overall effective- Williams notes he’s glad he’s Huffer will be sorely missed by own procedures. Generally, the ing the “severity of the interference ness of the operation. Internal rules not going to be on the receiving end the agency he has served so well, guidelines require that: with individual liberty,” when de- and procedures used by municipal of one of Huffer’s famous retire- according to MTAS Executive Di- · Clear notice of the roadblock ciding to uphold or dismiss charges. police departments should be com- ment roasts. “They can be brutal,” rector Mike Tallent. “I have known must be given to both the public This analysis of whether a sobri- pared to General Order 410-1, and he chuckles. Dennis for 30 years and I know of no at large and advancing motor- ety checkpoint posed the risk of a amended or revised accordingly, A vorocious reader, Huffer is one that surpasses his knowledge of ists. severe intrusion on individual lib- before planning a sobriety check- as likely to derive inspiration from municipal law. It is not just that he · Uniformed officers and patrol erty focuses on the following factors point. If a roadblock is used for other T.S. Elliot as Rodney Dangerfield knows the law, but he can set it in cars with flashing lights should (a) “whether cars traveling in both purposes, careful consideration and is known for his sharp analysis context as to time, place and reasons be present. directions were stopped, unless traf- should be given to the reasons for the and dry wit. It seems he inherited for its existence. I wish Dennis the · The area should be safe and vis- fic congestion requires permitting roadblock, and whether the road- the position of office roaster fol- best in his retirement, but he will be ible and all cars traveling in both some motorists to pass through; block will meet the government’s lowing the roast of longtime missed by MTAS,” said Tallent. directions should be stopped, (b) whether adequate safety precau- purpose without violating constitu- MTAS Director Vic Hobday. “I “I have enjoyed working for cit- subject to traffic congestion. tions, such as warning approaching tional rights. wasn’t sure if he had a sense of ies throughout the years,” Huffer Downey, at 110-12. motorists of the roadblock and stop- *The General Order can be humor or not,” Huffer said. “Later reminisces. “Working with a great ping cars in a safe and visible area, found on the MTAS website at on, he said the same thing about organization such as MTAS gives a In the Tennessee Supreme were taken; www.mtas.tennessee.edu. me.” However, Huffer notes that lawyer a good vantage point to help, Court’s view, a very important crite- (c) whether uniformed officers with each time he saw Hobday, the not harm society.” rion is that the decision to conduct marked patrol cars with flashing former executive director would Serving as Executive Director the roadblock must not be made by emergency lights conducted the Rain or shine, mention the roast and how much he of the Tennessee Municipal the officers participating in the exer- checkpoint; and had enjoyed it. Attorney’s Association and Trea- cise, and officers on the scene can- (d) whether the public received ad- sleet or hail, Huffer resumed working as an surer for the non-profit organization not decide for themselves the proce- vance publicity of the checkpoint, MTAS legal consultant at the Nash- The Rochelle Center foundation, an dures to be used in operating the separate from, and in addition to, every day is perfect ville office in 2001. He has penned organization dedicated to the better- roadblock. An opinion by the Su- any warnings given approaching for a GovDeals sale! literally hundreds of MTAS publi- ment of disabled people, Huffer preme Court further emphasizes motorists.” cations and resource materials uti- plans to stay active. He and his wife that the stated, predetermined pur- State v. Hicks, 55 S.W.3d at 533. lized by consultants and cities. of 34 years, Patty, enjoy traveling to pose for the roadblock must be the Not all of the above factors must “You know, before there was California every year to visit their actual purpose, and not merely a be present for a sobriety roadblock Google there was Dennis Huffer,” godchildren. ruse used by the agency to detect to pass constitutional muster, how- said former Tennessee Town & City “I’m not retiring,” Huffer em- ordinary criminal wrongdoing. ever, as the Supreme Court states, editor and close friend Gael Stahl. phasizes. “I’ll be working part-time State v. Hicks, 55 S.W.3d 515 “the absence of any of these factors For writers, editors, or fact check- for The Greater Nashville Regional (Tenn. 2001). does not necessarily invalidate a ers, Huffer can answer questions in Council, may publish a newsletter, In State v. Hicks, municipal of- roadblock…” Id. The primary issue words that journalists and munici- and will be available for consulting ficers were participating in a road- is whether the roadblock was oper- Online Government pal officials alike understand. His work or perhaps as a city attorney.” block organized by the Tennessee ated in a manner that minimized the insightful articles on difficult or MTAS will host a reception for Highway Patrol to check drivers’ intrusion on individual liberty. Surplus Auctions—24/7 confusing municipal issues he Dennis Huffer Friday, Jan. 29, from licenses and registration. A drug Roadblocks used for purposes sniffing dog was present and some wrote for Tennessee Town & City 10 am to noon in the TML street other than catching drunk or im- Visit GovDeals.com today were priceless.” level conference room on Capitol municipal officers were questioning paired drivers must meet all three “He excelled at tracking legis- Blvd. Dennis’ friends, co-workers, motorists regarding a felon authori- prongs of the test established by the or call 1-866-377-1494 lation,” Stahl continues. “And was and customers are invited to stop by. ties were pursuing on rape charges. which the seizure advances the pub- often the green, yellow and red light alert determining which legislative bills should get the go ahead for cities.” “In my short time as his col- league, I have learned more from Dennis than from the sum of my law school professors,” said fellow MTAS Legal Consultant, Josh Jones. “His red pen has pushed me to be a better writer and his unwa- vering efforts for substance over style remind me to keep my deci- sions merit-based as opposed to self interest.” Jones estimates the loss of Huffer to the state’s municipalities as incalculable. “Likely, he has no idea of his influence on me person- 7-TENNESSEE TOWN & CITY/JANUARY 18, 2010 www.TML1.org

Tennessee Municipal League 2009-2010 Officers and Directors NLC Small Cities Council explores PRESIDENT Tommy Pedigo Mayor, Sparta innovative cost-containment efforts Advertising: $9.25 per column inch. No VICE PRESIDENTS Dale Kelley charge to TML members. Send advertis- ing to: TT&C Classified Ads, Mona Mayor, Huntingdon completed the policy work for NLC, City Manager David Miller of Kay Senter BY JOHN MILLER Lawrence, 226 Capitol Blvd. Suite 710, Councilmember, Morristown Nation’s Cities Weekly were able to voice the concerns and Forrest Hill, Texas, discussed how Nashville TN 37219; e-mail: mlawrence Ken Wilbur needs of their communities. providing tax and fees rebates for @ TML1.org; or fax: 615-255 4752. Mayor, Portland Identifying innovative cost- Participants concluded that new construction has enticed new DIRECTORS Jody Baltz containment efforts taken by small though small cities have diverse de- development and tax-paying busi- ASSISTANT CITY City Administrator, Tullahoma cities in the economic downturn and mographics and needs, they share nesses to his community. ADMINISTRATOR President (TCMA) strengthening the role of small cities many common concerns and issues. Building upon the past success SEVIERVILLE. The city is seeking ap- Alan Barker (District 7) in the development of NLC policies Small city officials indicated of the Small Cities Council Sharing plicants for the position of Assistant Mayor, Humboldt City Administrator. Requires any com- Angie Carrier headlined the Small Cities Council that it is getting harder to balance Solutions series, brief descriptions City Administrator, White House ( District 5) (SCC) activities at the Congress of budgets, partially due to the increas- of innovative cost containment or bination of education and experience equivalent to a bachelor’s degree from Betsy Crossley Cities recently held in San Antonio. ing expense of public safety and revenue generating programs can be Mayor, Brentwood (District 6) an accredited college or university with Karl Dean In order to promote the ex- education. They are also finding it submitted to NLC’s Small Cities a major in business/public administra- Mayor, Metro Nashville change of ideas between the Small difficult to create alternative rev- Council at [email protected]. This in- tion or a closely related field; Master’s Chris Dorsey Cities Council and NLC’s seven enue sources and sustainable cost formation will be available to all degree is preferred; must have working City Manager, Red Bank (District 3) David Edwards policy committees, representatives containment programs, maintain ag- NLC members searching for cre- knowledge of federal, state, and local Councilman, Murfreesboro from the seven policy and advocacy ing infrastructure, fund specific so- ative solutions to the challenges fac- laws, rules and regulations pertaining to David Gordon steering committees attended the lutions and programs to meet the ing their communities. For more in- local government operations. Beginning Mayor, Covington Small Cities Council Steering Com- specific needs of their communities formation, contact John Miller at salary range is $68,473 + excellent ben- J.H. Graham III efits. To learn more about the city, visit Mayor, Crossville (District 4) mittee meeting. and find the resources necessary to 202-626-3186 or [email protected]. Bill Haslam During the meeting, which was write grants and obtain federal During the council steering the website at www.seviervilletn.org. Mayor, Knoxville chaired by Rod Hardin, councilor, funds. committee meeting, members reaf- Send resume to City of Sevierville, At- Curtis Hayes tention: Kristi Inman, HR Manager, Mayor, Livingston Hermiston, Ore., the policy steering Concerns were expressed over firmed that the primary purpose of P.O. Box 5500, Sevierville, TN 37864- A.C. Wharton committee members provided decreased revenue sharing from the Small Cities Council is to ensure 5500; fax, 865/453-5518; e-mail to Mayor, Memphis policy committee updates, includ- states, and increased bureaucracy that the interests of small cities and [email protected], by Fri., Jan. Richard Hodges and reporting requirements for ob- towns remain relevant and integral Mayor, Millington ing accomplishments of the past 29, 2010. EOE. Dot LaMarche, year and a sense of legislative priori- taining federal and state fund- to the values and mission of NLC. Vice Mayor, Farragut ties going forward. The discussion ing. The steering committee intends STAFF ACCOUNTANT Ron Littlefield also explored ways that the Small Perkinson led an open micro- to accomplish this by building stron- SAVANNAH. The city is seeking appli- Mayor, Chattanooga cants for the exempt position of Staff David May Cities Council could be more in- phone session entitled “Cost Con- ger partnerships with other NLC Council, Cleveland volved in NLC’s policy and legisla- tainment Methods.” During the ses- committees, councils and member- Accountant. The position duties will in- Keith McDonald (District 8) tive initiatives. sion, he led a short discussion on the ship groups; staying abreast of the volve all aspects of city financial man- Mayor, Bartlett benefits of and the obstacles to de- current and future issues impacting agement and will require comprehen- Cindy Cameron Ogle The discussion was continued at sive understanding of city government City Manager, Gatlinburg (District 2) the Roundtable Luncheon open to veloping realistic and sustainable cities and towns; tracking policy ini- and public utility finance. The position Bo Perkinson all conference attendees from cities approaches to cost containment and tiatives within NLC that are crucial will work closely with the Board of Vice Mayor, Athens under 50,000 in population and led revenue creation. Participants then to smaller communities; and facili- Johnny Piper Commissioners and City Manager to Mayor, Clarksville by Hardin and Small Cities Council shared challenges facing their com- tating networking opportunities and formulate and oversee implementation Charles “Bones” Seivers Vice Chairs Clyde Schultz, council munities and the insightful solutions tools necessary for small city offi- of budgets and all aspects of financial President-CEO, TN Municipal Bond Fund member, Beulah, N.D., and Bo that were employed to deal with cials to share concerns, challenges operations for the city. A bachelor’s Randy Trivette degree in Accounting, Finance, Public City Recorder, Erwin (District 1) Perkinson, vice mayor, Athens, these challenges. and solutions. Tenn., when representatives from Mayor Petrella Robinson of The first meeting of the Small Administration, or a related field with PAST PRESIDENTS the policy steering committees led a Brentwood, Md., talked about how Cities Council for 2010 will be held comparable work experience is re- Tom Beehan, (2008) Mayor, Oak Ridge series of roundtable discussions on Brentwood has been able to increase during the Congressional City Con- quired. Certified Public Accountant or Tommy Green (2007) Mayor, Alamo Certified Municipal Finance Officer Tommy Bragg (2006) Mayor, Murfreesboro the legislative accomplishments and its support services to senior citizens ference in March in Washington, credentials will be required within 18 Bob Kirk (2004) Alderman, Dyersburg priorities of their respective policy and aid to families in need with very D.C. For more information on the months, as outlined in the Municipal Tom Rowland (2002) Mayor, Cleveland committees. little expenses due to an innovative meeting or on how to participate Sam Tharpe (2001) Mayor, Paris Finance Officer Certification and Edu- Dan Speer (1997) Mayor, Pulaski The participants, while hearing office space and staff sharing ar- with the Small Cities Council, con- cation Act of 2007. Salary based on directly from the individuals who rangement with county agencies. tact John Miller at [email protected]. comparative regional governmental po- TML AFFILIATED ORGANIZATIONS sitions and candidates qualifications. (Ex-Officio Directors) TCRS retirement along with excellent Tennessee Municipal Attorneys Assn. benefits. Resume review will begin Feb, Andy Wright, Lebanon Tennessee Municipal Judges Conference MunicipalMunicipal Administration Administration Program Program 16, 2010, and resumes will be accepted John T. Gwin, Mount Juliet until position is filled. Please submit a Tenn. Chapter, American Public Works letter of interest, resume, salary history Jerry Collins, Memphis Light & Water FebruaryMay Schedule Schedule and professional references to: City Tennessee Government Finance Officers Manager, City of Savannah, 140 Main Mark S. Brown, Bartlett Tenn. Assn. Housing & Redevel. Auth. Street, Savannah, TN 38372. Marilyn Medley, Morristown Critical Safety Priorities Tennessee Building Officials Assn. Tim Ward, Oak Ridge Instructors TENNESSEE MUNICIPAL LEAGUE STAFF Tennessee Fire Chiefs Assn. Municipal employees face Margaret Mahery, Executive Director Jerry W. Crawford, Collierville Brett Ward, MTAS Utility Opera- Chad Jenkins, Deputy Director Tennessee Assn. of Air Carrier Airports safety and liability exposures daily. tions Consultant, Steve Wyatt, Mark Barrett, Legislative Research Analyst Larry Cox, Memphis Unfortunately, some of these expo- MTAS Utility Operations Consult- Carole Graves, Communications Director & Tennessee Association of Chiefs of Police Editor, Tennessee Town & City sures do lead to accidents and inju- ant, and George Dalton, TML Risk Edna Holland, Government Relations, TML/RMP Sterling Owen, Knoxville ries. Furthermore, city leaders may Pool, Risk Services Consultant John Holloway, Government Relations Tennessee Water Quality Management Debbie Kluth-Yarbrough, Director of Marketing / Jack Graham, Maryville not know the cause of these losses Club House, 4523 CanadaRoad Member Services Tennessee Recreation and Parks Assn. and how they affect the financial Time Johnson City Johnson City Munici- Kevin Krushenski, Legislative Research Analyst Pam Beasley, Germantown “bottom line.” Mona Lawrence, Administrative Assistant Tennessee Chapter, American Planning Public administration courses begin pal Building, 601 East Main Street Denise Paige, Government Relations Karen Hundt, Chattanooga This class will address em- at 8:30 a.m. and conclude at 12:30 Knoxville University of Tennessee Victoria South, Communications Coordinator Tennesseee Personnel Management Assn. ployee safety and liability issues in p.m. Conference Center, 600 Henley Sylvia Trice, Director of Conference Planning Steve Adams, Metro Development & the municipal workplace that nega- Dates and locations Street TENNESSEE TOWN & CITY Housing Agency (ISSN. No. 0040-3415) Publication No. 539420 Tenn. Assn. Municipal Clerks & Recorders tively impact the health and safety of Feb. 10 Collegedale To register for this municipal — Official publication of the Tennessee Munici- Shirley Dancy, Gates employees and the city’s budget. In- Feb. 11 Franklin pal League. Publisher: Margaret Mahery Tennessee Assn. of Public Purchasing cluded in this course will be how to Feb. 16 Jackson administration program class, (mmahery@ TML1.org); Editor: Carole Graves Rex Gaither, Smyrna recognize routine work hazards; Feb. 17 Lakeland please visit the MTAS web site at ([email protected]; Phone: 615-255-6416. TN Section, Institute of Transportation www.mtas.tennessee.edu or contact Advertising: Publisher reserves the right to re- Engineers how to address hazardous behav- Feb. 24 Johnson City ject any advertising deemed unacceptable. Fax Kevin Cole, Knoxville iors; identifying elements of an ef- Feb. 25 Knoxville Elaine Morrisey at Elaine.morrisey classified ads to TT&C: Attention Mona Lawrence Tennessee Public Transportation Assoc. fective safety program, and identify- @tennessee.edu. or 865.974.0411. at 615-255-4752, or e-mail mlawrence@TML1. Rebecca Harris, Cookeville For program information, contact . org. Fax advertising copy to TT&C: Attention Tennessee Fire Safety Inspectors ing and controlling critical munici- Training Facilities Debbie Kluth-Yarbrough at 615-255-4752, or e- Tommy White, Sevierville pal liability exposures. Collegedale Collegedale City Fees are $25 per person per class for mail to dkluth@ TML1.org. Opinions expressed Assn. of Independent and Municipal Schools Who Should Attend? Hall,4910 Swinyar Drive municipal employees and $55 per by non League officials or staff do not necessar- Reecha Black, Alamo ily reflect policies of TML. Tennessee Town & This course should interest city Franklin Williamson County Ex- person per class for all other partici- City is published, semi-monthly, 20 times per TML ASSOCIATE PARTICIPANTS managers, elected officials, risk position Center, 4215 Long Lane pants. Submit payment with your year at 226 Capitol Blvd., Suite 710, Nashville, TN 37219-1894. Periodicals postage paid at Nash- GOLD LEVEL MEMBERSHIP managers, safety coordinators, HR Jackson West Tennessee Center for registration. MTAS must receive Bank of New York Trust Company, N.A. ville, TN. Subscription rates: $6 per year to directors, finance directors, depart- Agricultural Research, Extension payment in order to confirm your members, $15 to nonmembers, $1 a copy. Post- SILVER LEVEL MEMBERSHIP AT&T ment heads, and any other municipal & Public Service, 605 Airways attendance for the class. MTAS can master: Send changes of address to Tennessee no longer accept payment/registra- Town & City, 226 Capitol Blvd., Suite 710, Redflex Traffic Systems official who is responsible for the Blvd. Nashville, TN 37219-1894. ING Financial Advisers, LLC safe operation of cityservices. Lakeland, International Harvester tions at the door. 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 ORPORATE EVEL EMBERSHIP large or too small C L M A To Z Muni-Dot Company Askew Hargraves Harcourt & Assoc., LLC Barge, Waggoner, Sumner & Cannon, Inc. Click2Enter, Inc. CMI Equipment Sales, Inc. Comcast Cable Communications See us for your special projects needs. (615) 255-1561 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. 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 Wiser Company, LLC The city of Murfreesboro closes a $103 million loan, The town of Nolensville closes a $21,000 loan. the largest in TMBF history. www.TML1.org 8-TENNESSEE TOWN & CITY/JANUARY, 18 2010 The House reconvenes in 106th General Session

Speaker Kent Williams and Rep. Jon Lundberg Rep. Pat Marsh and Speaker Emeritus Jimmy Naifeh

Rep. Charles Curtiss Reps. Gary Odom and Johnny Turner Rep. Ulysses Jones

Reps. Joe Carr and Joshua Evans

Reps. Jimmy Eldridge and Steve McManus

Reps. Eric Watson and Bob Ramsey Reps. Brenda Gilmore and Richard Floyd

Rep. Dennis Ferguson Rep. Richard Montgomery Rep. Curtis Johnson 9-TENNESSEE TOWN & CITY/JANUARY 18, 2010 www.TML1.org The Senate reconvenes in 106th General Session

Lt. Gov. Ron Ramsey Sens. Mark Norris and Ken Yager

Sens. Dewayne Bunch and Bo. Watson

Sens. Doug Overbey and Thelma Harper

Sens. Diane Black and Bill Ketron

Sens. Jamie Woodson and Brian Kelsey

Sens. Steve Southerland and Mike Faulk

Far left: Sen. Tim Burchett; left: Sen. Jack Johnson; above left: Sen. Douglas Henry; above; Sen. Joe Haynes

Photos by Victoria South www.TML1.org 10-TENNESSEE TOWN & CITY/JANUARY, 18 2010 Tennessee political giant John Wilder dies at 88 He was one of most influential sena- tors ever to support civil rights and equality, to eradicate the boll weevil threat, to achieve judicial election reform, and in the creation of the state Board of Education

BY GAEL STAHL

John Wilder, the wily non-par- tisan Senate speaker who outma- neuvered Democrat and Republican caucus majorities for two decades, has died. No one would ever accuse John Wilder of being partisan. He worked with either party, but no party con- trolled him. In the beginning, he served two years in the Senate in the 1950s as a Democratic appointee. He ran again in 1966 and served another two-year term. The local Democrat Party asked him not to run for reelection to a four-year term in 1968 and counted him out. He ran anyway, won, and was elected Sen- ate speaker three years later. None of his 77 predecessors had served more than seven years. He set a national record by continuing for 36 years, 1971-2007. He retired in 2008 and died of a stroke on Jan. 1, 2010. The governor, as he was often called, would be counted out by Senate colleagues three times. In 1987 and 1989, the Senate Demo- cratic Caucus nominated someone else for speaker. Both times, with Republican help, he found the votes needed to continue as speaker. In 2005, Wilder defeated the majority Republican Caucus candidate with help from Republicans. Then in 2007, the tables turned when a Democrat voted for Republican Sen. Ron Ramsey to be speaker and Wilder counted himself out after that session. Wilder was first elected speaker the day the first Republican gover- nor in 50 years, Winfield Dunn, was inaugurated. He helped Dunn pass his state budget in 1973 over objec- tions of Democratic colleagues. In 1979, Democrats Wilder and House Speaker Ned McWherter led a move to oust Democrat Gov. Ray Blanton three days early by swearing in Re- publican Lamar Alexander for fear that Blanton would grant question- able pardons. After 1987, Wilder appointed members of both parties to committee chairs and, as usual, helped ease the legislation of Demo- crats and Republicans alike into law. Governing magazine lauded him for his “civil and effective bi- partisan leadership of the Senate.” It said his governing style – live and let live, “Let the Senate be the Senate” – was without parallel in other states. Wilder’s background led di- rectly to accomplishments related to his career roles as farmer, business- law in the cosmos that is emotions and feelings communicate man, and lawyer. He was proudest the truth. It will prevail, better than one’s speaking style. of the legislation he passed in agri- but not without obstacles. His unique leadership style did culture, business, judicial reform, It is a strong force. I don’t not appeal to everybody. But those and education. Specifically, he led want to put any additional who worked most closely with him the fight to eradicate the boll weevil burden on local property valued him. Sen. Doug Henry, 83, plague that threatened to destroy the owners.” That pretty who was already in the Senate when cotton industry, the adoption of a much sums up his style of Wilder arrived, says that “John merit-selection “Tennessee Plan” of thinking and speaking. Wilder single-handedly made the state Supreme Court justices to re- He went on to say he was Tennessee Senate, while he was duce the influence of politics and opposed to the federal es- there, what a Senate should be.” campaign fundraising in judicial tate tax. Thereafter, he The Senate was the greatest love elections, and for the creation in often used the word cos- of Wilder’s life next to Marcelle, 1992 of an independent State Board mos to justify decisions. who died in 2004 at age 83. Even of Education to set policy for el- An avid aviator since before he was elected speaker, he ementary and secondary schools. 1947, he held advanced fought for legislative independence The Wilder story began in 1887 pilot ratings. He flew his back when the General Assembly when his family, one of West twin-engine Twin was little more than a rubber stamp Tennessee’s biggest landowners, Comanche Piper Twin, for governors. Legislative indepen- began its agribusiness in Fayette “Jaybird,” everywhere he dence, gained in 1996, would prove County (east of Memphis). That could, especially to and to be one of the most significant year, his grandfather founded the from Nashville during changes in state government history. Longtown Supply Co. Their empire sessions and for legisla- Even a rare lapse by the former included a 6,000-acre cotton and tive and state boards’ speaker/lieutenant governor could cattle farm, a cotton gin, warehous- meetings. He exercised have a good effect. In 1997, he qui- ing, a general merchandise com- daily. All his life he ran, etly nursed a bill to help a small local pany store, and a service station. walked, or bicycled vig- community to incorporate as a mu- The company financed real estate orously. nicipality overriding existing an- and crop production and, eventu- Gov. Phil Bredesen, nexation law. The result of the con- ally, Wilder had considerable if not who worked with Wilder troversy that followed led to a controlling interest in 20 banks in for years, called him one sweeping urban-growth law that has Tennessee and Kentucky. He of the toughest men he become a national model for local groomed his sons John Shelton ever knew. He tells how cooperation and economic planning Wilder Jr. and David Morton Wilder when Wilder fell, cut and ended hundreds of annual an- to succeed him. himself, and lost a lot of nexation lawsuits. Fayette County is a majority blood before they got him Since his death, various top offi- black county. In the 1960s, when to the hospital, he visited cials in state government have de- black residents got the right to vote, Civil Rights Museum.” Wilder also U.S. Army, then worked in the fam- the lieutenant governor in the inten- scribed and praised Wilder in pun- the white establishment retaliated helped change the minds of county ily lending business, and drove to sive-care unit. Wilder had a ventila- gent terms calling him everything against those who registered. So officials who didn’t want to partici- Memphis State University School of tor tube in his throat.“That was on from enduring and controversial to many citizens lost their farms and pate in federally funded Head Start Law at night where he graduated and Friday,” Bredesen said. “The fol- innovator, unique, honest, crafty, means of sustenance that they set up kindergartens and preschools for was admitted to the bar in 1957. He lowing Monday, he flew his plane nonpartisan, disjointed (some of his tent cities. It took courage and some black children. He later said, “Equal served two years in the Senate, was back to Nashville.” over the top phrasings came to be business common sense for Wilder opportunity runs through the sinews a prominent attorney in his home- Wilder’s governing style and called “Wilderisms”), as ruling with to go against the grain, but he con- of everything I believe.” Wilder was town of Somerville, was a county sometimes confusing speaking style a light touch, and as a Tennessee tinued doing business with his also the first to take the lead in estab- magistrate (now commissioner) for were not above criticism, especially institution – the very definition of a sharecroppers, making farm loans to lishing the county’s first anti-pov- 18 years (1952-1970), kept up his in later years. He knew it, and told gentleman legislator. He was a won- them, and worked to resolve the erty program and was also a prime business interests, and ran for the TT&C that his Fayette County ac- drous work of art, no doubt about it. standoff. Army Bailey, a founder of mover in the construction of interra- Senate again in 1966. cent had been mocked ever since he Local, state, and federal offi- the National Civil Rights Museum, cial Fayette-Ware High School. During an interview with TT&C was at UT. He says his speaking cials came to love him, even when calls Wilder “a spiritual man, states- Wilder married Marcelle Ann in March 1984, Wilder spoke of his style came from being raised in a they wanted to replace him. One man, humanitarian and friend of the Morton at age 20, studied at the UT belief in the cosmic order of the primarily African-American com- thing for sure, they never counted common people” without whose College of Agriculture, interrupted universe that rules all. He said, qui- munity and from his parents talking the old man out until the last vote help “there would be no National those studies in 1943 to serve in the etly but firmly: “I believe there is a that way. He said that a person’s was cast.