1-TENNESSEE TOWN & CITY/AUGUST 31, 2009 www.TML1.org

6,250 subscribers www.TML1.org Volume 60, Number 14 August 31, 2009 Religious Freedom Act stifles local police powers BY JOSH JONES ployment Division v. Smith, 494 U.S. MTAS Legal Consultant 872 (1990). The court in Smith also recog- This year the General Assembly nized that the state is never justified passed Public Chapter No. 573 in passing legislation that directly which purports to preserve religious inhibits the free exercise of religion. freedom. With such a stated objec- However, a believer cannot gain tive, it is not surprising that the leg- exemption from neutral laws of gen- islation passed with little opposi- eral applicability based on an indi- tion. That is, of course, because the rect curtailment of free exercise. To people of the United States cherish rule otherwise, the court wisely religious freedom and provide con- states, places “the professed doc- stitutional protections for those trines of religious belief superior to freedoms surpassing any in history. the law of the land, and in effect to Upon closer examination, however, permit every citizen to become a law Public Chapter No. 573 is less about unto himself.”Id. protecting religious freedom than it The backlash from Smith re- is about excusing otherwise unlaw- sulted in the Religious Freedom ful practices when done pursuant to Restoration Act (RFRA) of 1993. professed piety. This federal law applied a strict scru- When two Oregon drug counse- tiny test on federal, state and local lors tested positive for peyote were governmental entities when a peti- fired and subsequently denied un- tioner claims a violation of the Free employment benefits, no one imag- Exercise Clause of the First Amend- ined these events would strike fear ment. Commonly referred to as the in religious organizations nation- Sherbert Test, strict scrutiny re- wide and set the stage for decades of quires a court to determine whether legislative and judicial frenzy. The the petitioner’s claim involves a sin- case was Employment Division v. cere religious belief and whether the Smith, where the U.S. Supreme government action is a substantial Court ruled that despite the users’ burden on the person’s ability to act The Tennessee General Assembly passed a new law that establishes a minimum of 16 hours of training in claim that the psychedelic cacti were on that belief. If those prongs are firefighting procedures and techniques for all full-time, part-time and volunteer firefighters. taken as part of a religious rite, the met, the government must then state nonetheless was justified in prove that it is acting in furtherance denying the benefits based upon a of a compelling state interest and state law of general application, Em- See RELIGIOUS on Page 6 Minimum training required for firefighters BY RAY CROUCH part-time and volunteer firefighters and techniques or complete equiva- Deadline to verify dependent MTAS Fire Consultant in Tennessee. lent training approved by the Ten- Any firefighter who is certified nessee Commission on Firefighting eligibility fast approaching The 2009 General Assembly by a medical doctor as medically or Personnel Standards and Education passed a new law that establishes physically unable to complete the before being allowed to actively BY KEVIN KRUSHENSKI the country are doing this same type minimum training requirements for training requirements is exempt; fight a fire. TML Research Analyst of dependent verification. Other Tennessee firefighters. however, the fire department may (2) Within 36 months after hire or companies that have verified de- The law went into effect July 1, not allow such firefighters to engage acceptance date as a firefighter, the The state of Tennessee is cur- pendents in their medical plans have 2009, and amends T.C.A. Title 4, in active firefighting operations. firefighter must have completed or rently in the process of verifying reported between 5% and 15% of Chapter 24, Part 1, by adding a new Any firefighter who is certified by must complete after joining the fire dependent eligibility for all state dependents were not eligible for section, Section 4-24-112. the fire department’s chief officer department, the “basic and live and local government employees coverage at all. We recognize that The law does three things: not to operate within an environ- firefighting” course offered by the who are enrolled in the state medical some employees may not realize (1) establishes a 16-hour class that ment determined to be immediately Tennessee Fire Service and Codes and dental insurance plans.This also their covered dependents do not must be taken by anyone who dangerous to life and health (IDLH) Enforcement Academy or an includes employees of the Univer- meet eligibility requirements. enters the fire service before they is exempt from the “live equivalent course. sity of Tennessee, Tennessee Board There are others who have been can respond to any emergency; firefighting” portion of the training Possible legal implications for fire of Regents and local education sys- covering an ineligible dependent (2) requires that every firefighter referenced in subsection (a)(2). departments in exempted counties tems. out of love and concern, but shifting complete a basic firefighter class, What are the minimum training Fire departments in counties Employees have until Sept. 4 to the cost for this coverage to our as defined by the Tennessee Fire standards required by this law? that are exempt from the training complete the verification process medical plan is not the right thing to and Codes Academy, within (1) The firefighter must previously requirements of this law should not under an amnesty grace period do because it increases the costs for three years of joining a fire de- have completed or must complete rest on their exemption too easily. where no disciplinarian action or all of us. partment; and after joining the fire department a For an exemption from a general law additional premium costs will occur (3) provides exceptions for minimum of 16 hours of initial train- to be valid, there must be a rational TT&C: How will the state benefit for enrolled ineligible dependents. firefighters who already have ing developed by the Tennessee Fire basis for the exemption. from this undertaking? five years of experience. Those who fail to meet the Sept. 4 Service and Codes Enforcement Nolichuckey Sand Co. v. Hud- Lee: This initiative is going to save This law affects all full-time, Academy in firefighting procedures See FIREFIGHTERS on Page 7 deadline will be contacted by the the state money. The average yearly state and their dependents risk los- cost per dependent is $3,200. When ing coverage. 250 dependents were dropped from Metro Animal Control barking up Tennessee Town and City inter- coverage, we paid for the cost of this viewed Laurie Lee, executive direc- verification project. Secova, the tor of Benefits Administration in the company selected through our com- the right tree with high technology Department of Finance and Admin- petitive bid process that is verifying istration, in order to answer some of eligibility for us, is charging us BY VICTORIA SOUTH the most frequently asked ques- $800,000. As of Monday, Aug. 24, TML Communications Coordinator tions. 2,808 dependents had been volun- TT&C: Why is the state conduct- tarily dropped by employees be- Revolutionizing the way it ing this verification process? cause they are not eligible for cover- handles service calls for wayward, Lee: We cover about 140,750 de- age. That’s a savings of more than abandoned, or neglected animals, pendents in all of our plans. We $8.1 million already. Metro Nashville’s Animal Control want to keep our premiums as af- has dramatically improved its per- fordable as possible and we should TT&C: What happens if people formance rate and has gained a fresh not be paying medical and dental have enrolled ineligible depen- new perspective. High technology, claims for people who don’t belong dents on their medical or dental including vehicle computers, global on our plans. The majority of plans? positioning systems (GPS), staff healthcare costs are for dependents. Lee: If you remove the ineligible training, and route planning soft- As a result, many businesses and dependent before Sept. 4, no ques- ware, helps animal control officers governmental agencies throughout See INSURANCE on Page 7 and dispatchers coordinate service routes while keeping accurate records of the numerous calls the State Comptroller proposes agency receives each day. Also, improved air conditioning new reporting requirements systems and four new trucks, have Photo by Victoria South helped reduce the number of trips “Local governments need to go troller to demonstrate they fully un- While on a call, Metro Animal Control Officer J.D. White utilizes the officers make to transport animals to into interest rate swaps and other derstand the risks involved. agency’s new computers, handheld devices and GPS technology to the cheerful Harding Place head- exotic financial agreements with That requirement could be perform his job more quickly and efficiently. their eyes wide open,” Comptroller waived if a local government can quarters in South Nashville. Justin P. Wilson said earlier this satisfy certain other conditions, in- “Everything was once done by plaint into the officer’s on-line several addresses at once establish- month in announcing a new set of cluding meeting minimum debt re- hand,” said Billy Biggs, field opera- folder and radios the officer to let ing the most efficient routes. proposed guidelines to regulate quirements, having an adopted capi- tions supervisor. An employee since him or her know it’s there. Urgent “This is the way animal control such transactions. tal improvement plan, an audit com- 1999, Biggs recalls the dreary, dis- calls are always highlighted in programs in cities need to work,” On May 1, Wilson presented mittee, or an accountant and chief organized place many animal lovers green. said Brent Hager, Metro’s director numerous proposed guideline financial officer on staff. might prefer to forget—the former The computer also provides a of Environmental Health, who is changes dealing with interest rate “It’s not my intent to prevent Metro “dog pound,” located in the history of any prior calls, according credited as the driving force in help- swaps and forward purchase agree- cities and counties from entering suburb of Bordeaux. to Biggs, which could protect the ing the agency acquire the new ments to the State Funding Board. into these types of transactions if “There would be a hand written officer from stumbling into volatile equipment. Wilson then called for public com- they choose to do so,” Wilson said. complaint, then the dispatcher or hazardous situations, such as a “Everyone here has a true love ment on those proposals. “It is my intent to be certain that local would call the officer, who would neighborhood dispute. “In a way, for animals and is frustrated if they The latest set of guidelines pre- governments have the training and pull the truck over and try to locate it’s becoming similar to law enforce- can’t do their job effectively,” adds sented to the Funding Board reflect expertise to understand what they’re the area on a map,” recalls Biggs. ment,” said Biggs. Metro Animal Control Director, changes made based on the com- getting into with these deals. We How the call was resolved or records After completing the call, offic- Judy Ladebauche. “The morale of ments made following the May 1 don’t guarantee that some of these about the complainant were rarely ers document the results on a com- our employees is much better now meeting. transactions won’t carry financial recorded —that is, if the call was puter noting how the call was re- that they’ve been provided the effec- Perhaps the biggest change is a costs for the cities and counties. ever processed to begin with. “It was solved, such as written warnings or tive tools in which to do the job.” requirement that local governments We do insist that cities and rough,” said Biggs. routine follow up schedules. Also, The new equipment has af- wishing to enter into such transac- counties understand those costs and Now, the Animal Control dis- rather than mapping out routes by forded the agency a 90 to 100 per- tions must send representatives to risks on the front end.” patcher gets the details of the call on hand, a time consuming task, new cent response rate,” said Biggs, personally appear before the Comp- See COMPTROLLER on Page 7 the computer screen, drops the com- software allows officers to plug in See TECHNOLOGY on Page 6 www.TML1.org 2-TENNESSEE TOWN & CITY/AUGUST 31, 2009 ceived the Commissioner’s Award of Excellence for Workplace Safety from the Tennessee Department of Labor and Workforce Development. DMTN was one of only six Tennes- see companies to receive the honor this year. Presented at Tennessee’s Annual Safety Congress, the award BY TML STAFF REPORTS in the development and initiation of honors DMTN for its achievement programs that will enhance and pro- in obtaining a required number of CHATTANOOGA mote economic development, envi- hours worked without experiencing Chattanooga’s new resource for all ronmental health and social equity a lost workday case and maintaining things “outdoor” has been recog- within our community for present total injury and illness incidence nized with an Award of Merit for and future generations. To view rates below the national average. design at American Institute of Ar- Franklin’s Sustainable Community DMTN, which employs nearly chitects Tennessee’s annual awards Action Plan go to www.franklintn. 2,500 people, had 1.4 million hours gala. A jury composed of four na- gov/livegreen. without a lost-time injury and its tionally recognized architects evalu- total injury and illness incidence ated more than 80 submittals in three GERMANTOWN rates were four times below the na- categories: new construction, reno- The city has been awarded for out- tional average. vation/restoration, and architectural standing achievement in Popular interior design. The Outdoor Chatta- Annual Financial Reporting (PAFR) MEMPHIS nooga Center was a vacant block for the fiscal year which ended June First Student, the school bus con- building located along the Tennes- 30, 2008. The award is given by The tractor for Memphis City Schools, see River, adjacent to Coolidge Park Government Finance Officers Asso- has laid off 170 part-time hourly and the Walnut Street Bridge. The ciation of the United States and drivers due to route reductions. 6,000 square foot facility was de- Canada (GFOA). To qualify for the MCS is reducing school bus routes signed with the goal of LEED Silver award, a government must publish a by 40 percent this year, combining Certification. Popular Annual Financial Report, some general student and special- Goodlettsville City Manager Jim Thomas, stands on his head on the with contents that conform to pro- education routes, eliminating doz- front porch of the Goodlettsville City Hall as part of a challenge he made COLUMBIA gram standards of creativity, presen- ens of bus stops to speed up pickups, to city employee Jan Lanius who was in a weight reduction program. A new program could provide tation, understandability and reader and mandating that all students be Thomas vowed to perform the stunt if Lanius reached her goal weight. people in Columbia a big break at the appeal. picked up and dropped off at their pharmacy. The city is joining a half home bus stops. dozen other Tennessee cities in a GOODLETTSVILLE forms that paper machines fashion national prescription discount card Goodlettsville has received a $12.5 MORRISTOWN MURFREESBORO into products ranging from toilet tis- program. City residents can get up to million low-interest loan to fund a A footwear manufacturer will bring Harley-Davidson USA, the legend- sue to heavy containerboard. The 20 percent off prescription drugs not wastewater construction project. more than 100 jobs when it opens a ary motorcycle maker, is consider- paper industry has been consolidat- covered by health insurance. CVS/ Because the money is provided new plant in the Morristown Airport ing Murfreesboro along with three ing, which has cut the demand for the Caremark runs the program, but through federal stimulus funds and Industrial District. Wellco Enter- other cities outside Tennessee as a fabric. most major pharmacies participate. the state’s revolving fund loan pro- Columbia will become the seventh gram, 40 percent of the loan will not city in Tennessee to participate in have to be repaid. The city, which the program and the only city in straddles both Davidson and Middle Tennessee. Officials hope to Sumner counties, will use the money start the program in just a couple of to update approximately 27,000 lin- months. ear feet of sewer line and build an 8.5 million-gallon equalization basin COVINGTON next to its Mansker Creek pumping Tipton County could soon make an station. The improvements will re- appearance on the silver screen. duce sewage overflow, keeping wa- Memphis writer and director John ter cleaner and safer. Holiday was inside Covington’s Ruffin Theater shooting for his new GREENEVILLE movie called Angel of Mercy. Local Six Civil War Trail markers were actors have enjoyed the shoot. unveiled at Greene County sites; Munford, Atoka and Memphis have connecting Greeneville with a also been used as locations for the multi-state system that provides in- movie. Once shooting is complete, formation about sites associated Holiday will take his film to Los with Civil War battles and related Angeles for screening, where it events. The Greene County markers could take six months to a year be- commemorate the role of Tusculum fore he hears whether or not it will be College in the war; the Pottertown released on the big screen. Bridge Burners burial site on Pottertown Road, the two Battles of FRANKLIN Blue Springs (1863 and a much Simplex Healthcare, a diabetic sup- smaller battle in 1864); the hanging plies company, will move its head- of two bridge burners near the quarters and operations center to Greeneville railroad depot; the Franklin — a development the firm Dickson-Williams Mansion; and the says aids its plan to hire roughly 300 death of Confederate General John At the dedication ceremony of former City Administrator Douglas P. Bishop Bridge in Sevierville are Bishop’s people and double in size over the Hunt Morgan. Information about the wife Johanna (center) and his two daughters Jane (l) and Sarah. next two years. Beginning in No- markers is available at vember, the company plans to move www.civilwartrails.org. prises, a manufacturer of footwear possible manufacturing site to build ROGERSVILLE into a 91,253 square feet of space it for military, tactical, industrial and its popular Touring and Softail mod- An $820 million natural gas power has leased in Highwoods Properties’ HUMBOLDT outdoor use, will open its plant in the els. Representatives of the Milwau- plant planned for upper East Ten- Cool Springs IV office building. Employees of ACH Food Compa- former BOS Automotive Inc. build- kee-based Harley-Davidson visited nessee could tap the state’s substan- Founded two years ago, Simplex nies’ have received a reprieve from ing. The company said that the a potential plant site in tial and underdeveloped gas poten- currently occupies 66,085 square layoffs. The food processing plant project will have a capital invest- Murfreesboro earlier this week. The tial, which would bring more feet in Highwoods’ Westwood that makes non-dairy cheese prod- ment of $8 million in building and new plant would replace Harley’s jobsand more revenue. According to South office building in ucts was scheduled to close on Aug. equipment. Wellco is a wholly largest production facility, a sprawl- Scott Gilbert, president of the Ten- Brentwood’s Maryland Farms. The 30 but is being purchased by owned subsidiary of Tactical Hold- ing million-square-foot complex in nessee Oil and Gas Association and company alrady employs 300 Humboldt Food Products. The co- ings Operations Inc. of Knoxville. York, Pa., that the company has de- lead geologist for Vinland Energy in people, including at a warehouse in owner of Humboldt Foods said his cided isn’t efficient or competitive Oak Ridge, the proposed TVA plant Franklin. company intends to rehire as many MURFREESBORO enough to remain open in its present in Rogersville will create more de- of ACH’s 60 employees as possible The Federal Emergency Manage- configuration. velopment across the state. The FRANKLIN once the deal is completed hiring as ment Agency is prepared to reim- plant reportedly will need 160 mil- The city has named nine volunteers many as 120 people within the next burse Murfreesboro for up to 75 per- NASHVILLE lion cubic feet of natural gas a day 10 to serve as commissioners on the year or two. cent of the clean-up cost from the Some 60 health insurance servicing times more than what’s produced in city’s first Sustainability Commis- Good Friday Tornado. To date, the employees are losing their jobs after the state now. Three gas turbines sion. Seventeen people submitted KNOXVILLE city, including Water & Sewer, has Cigna’s government services affili- could be online by the end of 2011. letters to be on the commission, A unit of Panasonic Corp. will move incurred approximately $3,980,000 ate lost one of its federal Medicare many who were involved in the production of audio speakers and in expenses due to the tornado and contracts. Cigna’s Nashville office SEVIERVILLE Sustainability Task Force created in electronic capacitors from Tennes- estimates as additional $225,000 to employs about 1,000. A dedication ceremony was held re- 2008 and made up of 250 commu- see to Mexico and Asia and relocate complete. The EF-4 tornado torn a cently for the Douglas P. Bishop nity volunteers. The commission division headquarters to Texas. 23-mile path through Rutherford PORTLAND Memorial Bridge. Bishop, who will serve as a policy advisory board Company spokespersons say re- County, caused more than $42 mil- Albany International Corp. said it served as the city administrator for to the Board of Mayor and Aldermen maining speaker production will lion in damage and two deaths Fri- plans to close its fabric plant in Port- Sevierville from 2002 until his un- move by year’s end to day, April 10. FEMA has concluded land putting 156 employees out of timely passing last year, carried a Reynosa, Mexico, that more than $4 million of the work. The plant, which opened in vision for the city’s future prosperity and snap-in capacitor city’s costs are eligible for reim- 1980, makes “forming” fabric used that was centered on development of production will shift bursement in past and future costs. in the manufacture of paper prod- the Central Business Improvement to Asian factories by At a reimbursement rate of 75 per- ucts. But the work now being per- District, stretching from downtown February. cent from the federal government, formed by the Tennessee facility to Interstate 40. He spent countless Murfreesboro is set to receive more will be transferred to Wisconsin and hours on seeing this vision become MARYVILLE than $3 million. The state will also Canada “beginning immediately,” reality with the building of the DENSO Manufactur- shoulder 12.5 percent of the cost, with a final shutdown expected by Sevierville Events Center, planned ing Tennessee bringing Murfreesboro’s total bur- June 30, 2010. The fabric from the road construction and many other (DMTN) has re- den down to $506,472.96. Portland plant is used to create the projects.

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BY VICTORIA SOUTH change in legislation, classes can be developed TML Communications Coordinator in areas such as planning and zoning require- ments, codes and business tax changes. I’d say Birthed amidst a swirl of social, eco- one of our biggest training challenges today is nomic, and industrial changes, the post World helping cities learn how to retain their original War II period, the Municipal Technical Advi- sense of character while in the middle of exten- sory Service (MTAS) has remained a source of sive development.” stability for Tennessee’s municipalities since “Over the years, the city administration April 15, 1949. Anticipating the needs of profession has grown as life becomes more towns and cities for the past 60 years, the complex,” said Gary Jaeckel, Nashville mu- agency has illuminated the path of local gov- nicipal management consultant. “Most were at ernments well into the 21st century with a one time, engineers. Now, city officials have to tradition of consulting services and training be certified to do what they do. You can’t do opportunities unsurpassed by any other state agency in the nation. small issues relevant to municipalities or city the job unless “MTAS is a jewel a lot of other states do officials; it was a short exchange, about 10 you’re certified. not have,” said former MTAS consultant items about gas rates, fire, personnel, police. We always are Randy Williams, director of Client Services at We shared the results with city officials, put- trying to make TML’s Risk Management Pool. Williams, ting it on a data base and also writing up reports sure that the con- who once served as interim MTAS Executive to give to consultants.” Hewlett also assisted tent of our classes Director in the 1980s, marvels how the Tennessee’s cities with managing their materi- is current and of- agency’s efforts on behalf of cities throughout als and information resources. fer the timeliest the years are never static. “We were unique in that very few users information for “There are some seeds planted years ago ever walked in the door, yet we were able to Tennessee’s cit- by MTAS that are just now coming into frui- share a great deal of information,” said ies. Our biggest challenge tion,” Williams said. “A lot of times, MTAS Hewlett. is to stay on top of various would produce an earlier study that would be Leaving MTAS in 1999 for a job as head of legislation that applies to shelved, and then later dusted off to become the Moss Point Library in her home state of how organizations func- part of a city’s charter. MTAS is a mechanism Mississippi, Hewlett is now Director of the tion, how to deliver water for municipal staff to work better with elected Jackson George Regional Library in and sewer as changes are officials, a mutual third party that strives to Pascagoula, Miss. She credits MTAS for her handed down by the fed- enhance changes and a great informational good foundation in local government. eral government. We not resource for new administrators or other gov- “I am proud of MTAS. I would not have only function as a bridge, ernment officials, particularly those who been as prepared for my work without them. but a bridge for cities and might move here from out of state.” Now, whenever I visit a local government, it’s the federal and state gov- By its 15th anniversary, MTAS had flexed like meeting old friends,”she said. ernment.” its muscles, establishing branch offices all Ten years have passed since the torch was “Government fi- across the state. Gone were the days of the two- passed to Frances Adams-O’Brien. With a nancial matters have day commute from the Knoxville office to Masters in Library Science from the Univer- changed significantly reach and serve cities. Rapid advances in tech- sity of North Carolina in Chapel Hill, oversee- over the last 25 years,” nology and the information highway loomed ing the transference of the library’s hard copy agrees Dick Phebus, large and the scope of local government needs materials to data base fell under her leadership Finance and Account- would be expanding. Education and training and is a crowning achievement in bringing ing Consultant in Mar- of employees and city officials would become municipal information and resources instantly tin. “The most signifi- a necessity and the services provided by the to consultants and cities. cant change was with original four consultants would branch out and In addition to consultant requests, the the issue of GASB diversify from areas of law, accounting, man- MTAS library now receives a substantial num- Statement 34 which re- agement, and public relations into municipal ber of requests directly from cities and other designed the format in arenas in wastewater, fire and police depart- entities across the state as well. which government financial reports are pre- ments, human resources and computer tech- “Between January and July 2008, I had the sented. The new statements focus on a govern- nology. chance to help 152 different cities. That’s a lot ment-wide perspective not just the individual Support staff member Anne Lowe, who of cities!” O’Brien said. O’Brien notes that funds as had been reported in the past. The served more than four decades with MTAS compared with information requests of the CMFO program was established as a way to before her 1998 retirement, recalls this chal- 50s, dealing with rabies control, delinquent improve the financial competency in Tennes- lenging period. “Technology changed how we taxes or annexation of “fringe areas,” today’s see municipalities. Many areas such as police, assimilated and distributed information to cit- requests have more to do with what other cities fire, water and sanitation, and sewer treatment; ies,” said Lowe. “As a clerk typist in 1956, I are doing about matters of importance, poli- already require certified managers or employ- originally took my typing test on an old Royal cies, job descriptions and salary information. ees, however, there was no such certification manual typewriter. Then came electric, and “Last winter, when there was a shortage of for the finance and accounting function. The copy machines, word processors and the CPT road salt, one city asked us to research the use program will enhance the finance officer’s computer where we typed a lot of codes and of whey products for road deicing,” she said. ability to properly account for and report mu- reports. Different computers came along and “That was interesting...” nicipal activities in accordance with generally as quickly as I learned one program; it would Designing a single database, called accepted accounting principles as required by be time to learn another all over again.” Knowledgebase, that would provide access to the state. The ability to record and report Cities were struggling with technology as legal opinions, RFP’s, job descriptions, financial data in the most accurate and timely well, some more than others, said MTAS fi- sample forms, ordinances/resolutions, reports, manner will assist management and elected nance and accounting specialist Ken Joines, surveys and publications as well as MTAS officials in making important decisions in the who came on board in 1970. studies, has been challenging, according to future.” “People were afraid of computers,” Joines O’Brien. “Our goal was to create a “one stop “I’m happy to be providing day to day explains. “Only five cities had computers data base for customers. Knowledgebase is the help with municipal problems,” said Rex when I began. The cost simply was not within most used database on the MTAS website,” she Barton police management consultant in reach for some cities. Most, if they had com- added. Knoxville. “We provide an important contact puters, didn’t need my expertise. Some people A pilot project in the following three between law enforcement and cities. We also were more adaptable to learning than others. months will provide live chat on the MTAS have a lot of calls from cities wanting techni- Then, there were cities where people had no website where library staff will be available to cal assistance with the courts. The Law En- experience in bookkeeping. I’d say debit or field questions and requests through a free forcement Training Academy and the Munici- credit and they’d look at you like you had application called Meebo. Additionally, the pal Court Clerks training have stayed busy.” spoken a foreign language.” Joines retired in library with the aid of consultants, plans to “Cities have a lot more hoops to jump 1997, after serving 27-years including a period conduct a complete review of its 3,000 elec- through,” said Ray Crouch, MTAS Fire Con- as MTAS assistant executive director in 1982. tronic documents as well as the other 10,000 sultant. “Our biggest issue has been to explain As career fields became less gender ori- print materials on hand to ensure that they are that a volunteer fire department does not mean ented, more women were becoming interested current and the best information available. less training. We pushed hard for a Tennessee in serving in the field as MTAS consultants. “We will continue to look at new technolo- Fire and Codes Academy.” “I was hired in 1984 to work in the areas of gies like Facebook, Twitter, and podcasting to Ironically, Crouch was busy writing an water and waste water,” said Sharon Rollins, see if any of those will help us to achieve our upcoming MTAS Hot Topic article concern- consulting program manager, recalling her goals,” O’Brien said. “I try to remember that ing the new firefighter minimum training law early years at the Nashville office as an engi- the latest technologies are only a means to an passed by the 2009 General Assembly. The neering consultant. “My first call was to the end, not the end itself. We look at what we are law establishes a 16-hour class that must be city of Lakewood. I advised them about trying to do and then for a tool that will help us taken by anyone who enters the fire service stormwater control and infrastructure issues. do that. In the long run, the library will con- before responding to an emergency, requires My first day at the office, I arrived to find my tinue to be responsive to customer needs to that every firefighter take a basic firefighter computer still in the box and a group of older work to anticipate customer’s needs and to find class, as defined by the Tennessee Fire and male consultants. I was the only woman. I had new more efficient and innovative ways to Codes Academy, and provides exceptions for interviewed in East Tennessee and thought I provide municipal information resources.” firefighters who already have five years expe- had made a mistake. But, they were kind to me In 2009, serving a state of more than six rience. and took me under their wings. We would have million people, MTAS annually completes “In the last 18 years, technology has gone lunch together at the same cafeteria every day more than 1,000 major municipal management from being an unnecessary gadget to an essen- at 11:30.” projects and provides an average of 6,000 tial job-related tool,” Crouch continued. With complex tapestry, a web of brilliant minds, In the coming years, the MTAS library other services. Among these services, the de- a gleam in his eye and pausing for dramatic information bearers, teachers, leaders, shoul- would undergo radical changes as well. Under livery of municipal training by MTAS consult- effect, Crouch revealed a new MTAS project ders to lean on, helping hands, listening ears. the direction of Elizabeth McNutt and then ants is paving the highway of success for that will work in conjunction with the Tennes- The relationship forged between the agency Elizabeth Sodemann, who retired in 1980, the hundreds of city officials every year. see Emergency Management Association and the state’s municipalities is more than broad collection of reference materials was The Elected Official Academy (ELO), (TEMA) combining technology with fire unique; it’s a convoluted mix of consultants primarily geared toward the education of con- Municipal Administration Program courses equipment resources. A geo-coded database and mayors, support staff and city managers, sultants, “a wealth of knowledge on opera- (MAP), Municipal Management Academy will contain all the fire departments in the state citizens and people from all walks of life who tional trends in municipal government that (MMA), and the agency’s latest addition, the and list the number of pumpers and all other are involved with and care about cities. Its a would deepen the effectiveness and authority Certified Municipal Finance Officers Program equipment each unit has on hand. 60-year bond between an agency and the of the consultant’s advice.” (CMFO) helps to ensure that city officials and “If a city has an incident that is bigger than entities it pledged to serve since its creation in Following Sodemann’s 1980 retirement, staff possess the necessary tools to perform day they can handle, TEMA will punch in a code 1949. On its 60th anniversary and beyond, the goal of applying the MTAS library at the to day tasks. and in a matter of seconds find out which city towns and cities will always have a friend in state level fell into the capable hands of Carol While MTAS had nothing to do with the has the equipment that is needed,” Crouch MTAS. Hewlett, who earned her masters degree in political lobbying that defined its founding said. “We have already started training people Photos from top left to right: library science from the University of Tennes- father, Herb Bingham and the Tennessee Mu- in all nine development districts. Each county Ann Lowe, retired support staff; Rex Barton, po- see. “I worked as a Career Planning officer at nicipal League, in the 21st century the agency will designate a contact person. TEMA has a lice management consultant; Sharon Rollins, con- U.T. when Dr. Hobday called and asked for serves as a bridge for cities striving to stay server, and MTAS has a server. In the event of sulting program manager; Ken Joines, retired fi- librarian applicants,” said Hewlett. “They rec- abreast of legislative mandates. a disaster, we’ll still have all the data.” nance and accounting specialist; Ray Crouch, fire “We have got to stay ahead, to keep cities Today, the agency established at the Uni- management consultant; Frances Adams- ommended me. I was the first full time librar- O’Brien, MTAS librarian; Vic Hobday, former ian. Elizabeth Sodemann had told Dr. Hobday progressive,” said Kurt Frederick, municipal versity of Tennessee and charged in all mat- MTAS executive director, presents an award to that they needed one. At the time, there was not training consultant. Frederick coordinates and ters related to municipal government,” has former MTAS librarian, Carol Hewlett; Mike a lot of outreach to city officials and staff. develops training classes with MTAS consult- provided more than 41,272 training hours to Tallent, MTAS executive director; Randy Will- Elizabeth Sodemann had the vision, and I ants and serves as institute director for the 10,818 participants in 2008. iams, director of Client Services TML Risk Man- carried it on.” Tennessee Association of Municipal Clerks & “As Tennessee cities face increasing citi- agement Pool; Kurt Frederick, municipal training Hewlett and a small staff of volunteers Recorders. “We offer comprehensive training zen demands and the need to provide more consultant; Dick Phebus, finance & accounting services to residents, we will ensure that consultant; Gary Jaeckel, municipal management began conducting telephone and Internet sur- to cities free of charge with a time honored consultant; Herb Bingham, former TML executive veys as a way to find out about general issues tradition of meeting city officials one on one,” MTAS is fully equipped to help municipal director; Sue Dixon, formerTML secretary; Jennie affecting cities. said Frederick. “The Elected Officials Acad- officials as they lead their communities,” said Moscovitz, former MTAS secretary; and Bob “They were very popular,” Hewlett re- emy has received more training requests this Mike Tallent, MTAS executive director. Lovelace, former MTAS fringe area consultant calls. “We’d call 10 or more libraries about year than ever before. Every time there is a Today’s MTAS can be described as a outside the Nashville office in the early 1950s. www.TML1.org 4-TENNESSEE TOWN & CITY/AUGUST 31, 2009

been released are under supervision and they expect 1,000 more to be released by 2011 under the normal parole system. The move is designed to save the state $64 million within at www.tn511.com. Information is BY TML STAFF REPORTS the next two budget years. The also at www.twitter.com/TN511. state’s corrections system is trying Tennessee state revenues saw 12 to prevent technical violators —the straight months of decline in fiscal A special investigation into term used for those who violate pro- year 2009, the first time since the overbillings by a vendor of the bation for not reporting their address state began keeping records. The Tennessee Department of Educa- or failing a drug test, for instance — drop leaves year-to-date collections tion has resulted in the recovery of from taking up bed space. The de- $1.2 billion under budgeted esti- $425,725. Appalachian Education partment also is leaving 450 posi- mates. In other words, the state actu- Laboratories (AEL), an education tions vacant, and scaling back on ally collected $1 billion less in fiscal research and development corpora- inmate work crews that clean up year 2009 than in fiscal year 2008, tion now named Edvantia, Inc., re- roadside areas and cemeteries. Ten- according to state Finance Commis- paid the Tennessee Department of nessee has a 42 percent recidivism sioner Dave Goetz. “This is going to Education (TDOE) $244,815 for rate among the 19,400 state prison be hard to recover from, because we over-billed costs and $180,930 for inmates and an additional 7,800 The TBI Regional Consolidated Facility in Knoxville will process crime don’t see any real sign of upturn in interest, investigative and legal people in local jails. information from 21 counties in Upper East Tennessee. the sales tax,” Goetz said, noting that costs associated with the administer- sales tax collections in July came in ing of Exemplary Educators (EE) This year’s flu season is shaping without tobacco tar and exhale a the Mentoring Initiative, the state 10.88 percent below a year ago. The program grant contracts. The EE up to be a very different one. Most “smoke” that is water vapor. The will use a portion of the Fleming sales tax is Tennessee’s main source program provides support to schools people will need one shot for the FDA released results of a laboratory Training Center Recovery Act fund- of revenue, accounting for 58 cents by assigning exemplary educators regular seasonal flu and probably analysis that showed some elec- ing to offer free training, materials out of every total state tax dollar. and administrators to schools in two others to protect against the tronic cigarettes contain carcino- and $15,100 in salary support for The state’s main business taxes, the greatest need of improved perfor- new swine flu. Experts suggest get- gens and diethylene glycol, a toxic small water systems across Tennes- franchise and excise taxes, were mance. The grants in question cov- ting the first shot now, if you can find chemical used to make antifreeze. see. The remaining funds will be $27.1 million over budget, but ered the period from November it. The five vaccine manufacturers Officials said there needs to be fur- utilized for other Fleming Training Goetz attributed that to several un- 2000 to June 2005. In February that supply the United States are ther tests to determine the levels of Center programs. expected settlements, not economic 2005, AEL voluntarily disclosed finishing up production of seasonal nicotine and other chemicals in the growth. initial contract overbillings of at flu vaccine earlier than usual. Health product, yet believe e-cigarettes A sputtering economy and a desire least $198,196 and requested that officials say they expect about half should be classified as a drug that to rethink educational options Tennessee is one of five states that the State perform its own review of of the more than 120 million doses of needs government regulation. They spurred more adults in Tennessee will take part in a $100 million the matter. The Comptroller of the seasonal vaccine to be available by have been examining and detaining and across the nation — to take the experimental electric vehicle pro- Treasury’s Division of State Audit the end of the month. overseas shipments of e-cigarettes, GED test last year. An ACE study gram sponsored by the U.S. De- investigative staff completed the in- most of which are coming from shows in Tennessee, 15,923 out of partment of Energy distributing vestigation in conjunction with A new study of crime statistics China. the 988,235 eligible adults took the electric vehicles charged with TDOE’s internal auditors. The Ten- found that 21 percent of people tests last year. The passage rate was Nissan batteries, to be used by gov- nessee Attorney General’s Office arrested in Tennessee for driving The American Recovery and Re- 77.6 percent. Nationwide, 737,233 ernment and commercial fleets negotiated the settlement on behalf under the influence were arrested investment Act will provide adults took the GED in 2008, a six and individuals, as well as charg- of the Comptroller and TDOE. The again for the same crime within a $200,000 to help Tennessee drink- percent increase over the previous ing stations for the cars. In Tennes- overbillings by AEL were accom- five-year span. The study released ing water systems hire and train year. see, some 2,500 stations and 1,000 plished by inflating the actual labor by the Tennessee Bureau of Investi- the next generation of drinking vehicles will be deployed in Nash- costs associated with certain EE gation analyzed recidivism rates for water professionals in the state. Tennessee motor carriers can ap- ville, Chattanooga and Knoxville. contracts. DUI, rape and robbery between The Drinking Water Mentoring Ini- ply for grant rebates to help pay The project is being funded by a 2002 and 2007. During the five-year tiative will provide up to 10 one-year for clean diesel technology for $99.8 million energy department Crime lab offices scattered across span, there were more than 137,000 grants to drinking water systems their long-haul trucks. The U.S. grant to eTec, a Phoenix, Ariz.- town are a thing of the past for the arrests for DUI. The study found that serving fewer than 10,000 people in Environmental Protection Agency based company that is developing Tennessee Bureau of Investiga- 34 percent of the repeat offenses counties with an unemployment rate is providing Tennessee with $1.73 zero-emission electric transporta- tion as forensic scientists are now occurred within six months of the of more than 10 percent. The fund- million stimulus funding to supple- tion with Nissan, maker of the new housed in a new $17 million facil- original arrest and over time the re- ing for the Drinking Water ment the state’s Idle Smart Clean Leaf electric vehicle. Tennessee is ity that consolidates criminal in- cidivism rates declined. Mentoring Initiative comes from the Diesel Grant program. Tennessee’s also kicking in $5 million for electric vestigators and the testing lab. Fleming Training Center, which re- trucking businesses can apply on vehicle infrastructure which is in- The TBI’s criminal investigation di- Three Tennessee school systems ceives two percent of the federal Environment and Conservation’s cluded in the current fiscal year bud- vision, drug division and crime lab have received top honors from the funding granted to the Drinking Recovery Act web page at get. were located throughout Knoxville U.S. Department of Agriculture Water State Revolving Fund. Under www.tn.gov/environment/recovery. in different buildings, while Mem- for best practices in school nutri- Gov. Bredesen signed legislation phis and Nashville already have tion. The state Department of Edu- creating a “Silver Alert System” consolidated facilities. The Knox- cation said Knox County (specifi- that would work like the “Amber ville facility, named the TBI Re- cally Powell High), Montgomery Alert System” to help locate miss- gional Consolidated Facility, em- County (Burt Elementary) and ing individuals who have ploys 62 people from TBI’s Upper Unicoi County schools were recog- dents in chronological order. The Alzheimer’s disease or related East criminal investigation division, nized by the Southeast Regional BY TML STAFF REPORTS drug investigation division, Medic- James K. Polk home is the only dementias. The new law calls for Office of the USDA in various cat- Eight sites in the U.S. are conduct- aid fraud control unit and East Ten- surviving residence of the 11th local law enforcement agencies to egories. Among the criteria was in- ing government-sponsored clini- nessee regional crime lab. president other than the White coordinate with non-profit organi- creasing participation in school cal trials aimed at warding off the House. zations such as A Child is Missing or breakfast and lunch, and customer rapidly spreading H1N1 virus With $6.5 million already spent the Alzheimer’s Association to aid service. State education officials that popped up in the spring. The amid decades of haggling about a For the first time in 15 months, in their efforts to put the program in nominated the three as well as sev- Vanderbilt Vaccine and Treatment highway project that was halted there is a decline in the National place. The bill defines “missing se- eral others. Evaluation Unit in Nashville is one by the state, there is new talk about Unemployment rate. It fell to 9.4 nior citizen” as a person 60 years old of eight sites across the country that Corridor K in southeast Tennes- percent, down a tenth of a point from or older who’s “whereabouts are A measure signed into law will will participate in government- see. Options include upgrading and June. Many economic advisors say unknown” and who has “an im- help keep Tennesseans struggling sponsored clinical trials to find a expanding U.S. 64 along the Ocoee it is a sign the recession is ending. paired mental condition as deter- with debt from playing into the vaccine against the swine flu. River, doing nothing, or building a Payrolls dropped by only 247,000 mined by a local law enforcement hands of frauds. Because of the Health officials hope to have a vac- new link on the route between Chat- people in July versus 443,000 in agency.” The Silver Alert would be recession, many Tennesseans are cine available as early as October, tanooga-Cleveland and Asheville, June. triggered if that missing person is wrestling with financial problems. when they said the virus could start N.C. A Tennessee Department of believed to be in danger because of Commerce and Insurance Commis- gaining a stronghold as children get Transportation Chattanooga region It was a race to the finish for deal- environmental or weather condi- sioner Leslie Newman says not ev- settled in for the school year and ers and customers alike as the tions, or is thought to be unable to spokeswoman said two meetings in eryone offering to help is legitimate. share germs in close quarters. government’s Cash for Clunkers return to safety without assistance. Polk County attracted residents, The new law requires debt managers agency representatives, and advo- program headed into its final lap. to register with the state, and tell The Internal Revenue Source is cates for the environment, outdoor Car dealers across the country and potential customers up front about adding 35 people to its call center The state says more than 2 million recreation and economic develop- locally watched their lots grow their costs and potential risks. in Nashville. This is the second people have called Tennessee 511 ment. A February 2008 report shows empty as crowds rushed to trade in wave of hiring for the IRS, when it for information on roadways and likely economic benefits from a bet- gas guzzlers after the government The U.S. Food and Drug Adminis- announced hiring of 48 people for weather since the program launch ter connector and a citizen resource said that the $3 billion rebate pro- tration has warned that electronic compliance jobs in May. The posi- in August 2006. In addition to real- team has been organized. gram would end two weeks earlier time traffic information on cigarettes are untested and possi- tions are full time with an annual than expected. Transportation Sec- Tennessee’s interstates and state bly dangerous, but that hasn’t salary of $30,000 to $40,000. retary Ray LaHood called the pro- The Tennessee Department of stopped mall kiosks and truck highways, callers can access Correction will reduce the state’s gram an unprecedented success and stops across Tennessee and Geor- The U.S. Mint will honor James weather conditions, Amber Alerts prison population by 3,000 over a boon for car dealers, automakers, gia from peddling the newest K. Polk by issuing a special $1 coin and the 511 systems in neighboring the next two years, focusing on scrap yards and financial institu- product targeted to smokers. Elec- during a ceremony at his home in states. Callers can dial 511 from any keeping low-risk offenders from tions. Nearly half a million cars had tronic cigarettes, also known as e- Columbia, Tenn. The U.S. Mint cell phone or land line phone and use going back to jail, as a way to cope been sold through the program. But cigarettes, are battery operated and launched its presidential dollar se- either the phone’s keypad or the with an ongoing budget crunch. the new sales left many dealers wor- contain cartridges filled with nico- ries in 2007 and has issued four voice recognition feature to access Already, 2,000 inmates who have ried about not being reimbursed by information. There is also a Web site tine. Smokers get a nicotine kick coins per year saluting the presi- the government.

Tom Spencer Territory Manager

570 Beechgrove Way Burns, TN 37029 USA

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

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

P.O. Box 2968 Murfreesboro, TN 37133-2968 (615) 895-8221 www.griggsandmaloney.com 5-TENNESSEE TOWN & CITY/AUGUST 31, 2009 www.TML1.org Green Expo makes 2009 Tennessee

BY TML STAFF REPORTS post. Kelly will fill a vacancy cre- ated by the death of Bob Oaks in State Fair an affair to remember Former State Rep- June. VICTORIA SOUTH resentative Park M. State Senator TML Communications Coordinator "Parky" Strader, and Majority who represented Leader Mark You could say Chrysty Fortner the 14th district of Norris has been stepped right into her first project for Knox County in the appointed chair- this year’s Tennessee State Fair. Tennessee House man elect of the Working desperately to save the of Representatives Southern Legis- struggling venue, Fortner, fair mar- from 2004-2008 in lative Confer- keting director, had been looking for items to cut from the fair’s 2009 the 104th and Strader ence. Norris 105th General As- budget to make way for more adver- semblies, passed awayAug. 19 from Victor Lay, longtime city manager tising. She was amazed to discover complications associated with liver of Waynesboro, has been appointed that the fairgrounds, owned by cancer. He was 64. Strader was as Spring Hill’s new administrator. Metro Government, had been pay- elected in 1972 as the Knox County Lay, an engineer, has 14 years of city ing $29,000 a year just to have the Assessor, where he served for 28 and utility management experience manure from the 12,500 animals on years until 2000. In 2004, Strader and has held positions as Tennessee exhibit hauled to the landfill. decided to try his hand at State poli- City Manager Association presi- In her research, she uncovered a tics, and was elected to the Tennes- dent; chairman of the Wayne County unique machine, only two are in ex- see House. Joint Economic and Community De- istence, that would convert all that velopment Board; chairman of the “poop into power,” a mobile bio oil Newly appointed Workforce Employer Outreach processor that would convert the Tennessee Regu- Committee; and secretary of the cow patties, hay, straw, bedding, latory Authority board of directors of the Tennessee corn stover and switch grass into (TRA) director Energy Acquisition Corporation. 30,000 gallons of bio-diesel oil. The This year, 100 percent of the cow patties and other animal waste from Kenneth C. Hill oil would be mixed with methanol to the Tennessee State Fair will be used for farm composting. has been ap- Smyrna Mayor fuel all the midway’s generators. pointed to two na- Bob Spivey has After announcing the invention rience a variety of innovative tech- fair images, videos of rides and at- Hill tional committees resigned due to to the public as the main attraction of nologies that support great energy tractions and the latest news on the of the National Association of Regu- health reasons. the fair’s upcoming Greenway En- efficiency and the use of clean, re- fair as well as a sign-up page for latory Utility Commissioners Vice Mayor ergy Expo, the project had to be newable power on the farm and in those interested in participating in (NARUC), the International Rela- Tony Dover has scrapped, however, Fortner and fair their neighborhood.” any of the fair’s competitions. Tick- tions and Water Committees. The replaced him. officials were undaunted. Hooked “The Department of Environ- ets will also be available this year on International Relations Committee on promoting best practices in sus- ment and Conservation strongly en- the website, which has never been an manages NARUC’s outreach activi- Debra Butler, Dover tainable living and green technol- courages and supports sustainable option before. There will even be a ties across the globe, including part- city recorder with ogy, the Expo is still on. practices,” adds Lori Munkeboe, Clearwire wireless hotspot at the nerships to assist numerous coun- the city of Friend- “It’s not easy being green,” TDEC Office of Environmental As- fair. tries with American best practices as ship, celebrated Fortner concedes, “but this year’s sistance. “Taking the green message “This year’s fair is going to be the trend of energy market develop- her 25th anniver- Tennessee State Fair will be 100 to such a unique venue offers new bigger, better and a brighter version percent green. We will also be opportunities to teach a diverse au- ment expands overseas.The Water sary as Friend- of fairs past,” said Fortner, who said Committee aims to increase aware- composting 100 percent of the ma- dience. We applaud efforts such as increased security measures should ship’s city re- ness and understanding about the nure with an organization that will these and are excited that the 2009 add to attendees’ safety and enjoy- issues surrounding uses and reuses corder. Debra was haul the animal waste to a local Tennessee State Fair will play an ment. “Families can look forward to of water and wastewater. presented with a Butler farmer in the Belle’s Bend area important part in educating its par- rides and games, family friendly proclamation by Friendship Mayor where it will be used for farming ticipants about recycling, uses of shows and attractions and exciting Nashville attorney Casey Burnett, a wristwatch and a compost.” biodiesel, and green technology.” competitions,” Fortner added. Jane Branstetter plaque to commemorate her years of The fair’s green initiative will In addition to returning to its “While the future or location of Stranch has been service. highlight green jobs and technology agrarian roots, the Tennessee State the Tennessee State Fair may be un- nominated by and will walk attendees through the Fair, which runs from Sept. 11-20, certain, I intend to make this year’s President Barack Alamo Mayor process of recycling cardboard, will offer all the modern conve- fair an affair to remember,” said Obama to become a Tommy Green plastic, and paper. And, the cooking niences by becoming more high- Fortner. federal judge on the has been ap- oil used to make all those irresistible tech. The fair has launched a com- 6th U.S. Circuit pointed by Gov. fried Goo-Goo clusters and funnel pletely revitalized website which is Court of Appeals. Stranch Phil Bredesen to cakes along the mid-way will be a virtual representation of all the Stranch, 55, has practiced primarily the state Air Pol- recycled into bio-diesel. Fair goers exciting activities it will offer this in the federal courts for 30 years. lution Control Green can learn about composting while year. Be sure and visit the website at She is a partner at Branstetter Board. seeing wind technology and solar www.tennesseestatefair.org. Stranch and Jennings, a Nashville power on display. Visitors to the website can sign law firm founded by her father, Paris Mayor Sam “We are encouraged by the em- up for e-mail updates on the new Cecil Branstetter. Tharpe has been phasis on sustainability at this year’s entertainment options, attractions Sept. 20-24: Tennessee Recreation appointed by Tennessee State Fair,” said Jim and rides. Updates will include news & Parks Association 58th Annual Attorney and Assistant Public De- Bredesen to the Fyke, Tennessee Department of En- about special discount days and ad- ConferenceKingsport fender Jeffery C. Kelly has been Land Between the vironment and Conservation vanced tickets at discounted prices. Meadowview Resort and Marriott appointed to the First Judicial Lakes Advisory (TDEC) commissioner. “Fair goers Other website features include an Convention Center. To register or District’s Office of Public Defender Board. Tharpe will benefit from being able to expe- interactive newsroom complete with for more information, visit the TRPA website http://www.trpa.net/ index.cfm or call Candi at 615-790- 0041.

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TENNESSEE MUNICIPAL LEAGUE STAFF See us for your special projects needs. (615) 255-1561 Margaret Mahery, Executive Director Chad Jenkins, Deputy Director Mark Barrett, Legislative Research Analyst Carole Graves, Communications Director & Editor, Tennessee Town & City Edna Holland, Government Relations, TML/RMP John Holloway, Government Relations Debbie Kluth-Yarbrough, Director of Marketing / Member Services Kevin Krushenski, Legislative Research Analyst Mona Lawrence, Administrative Assistant Denise Paige, Government Relations Victoria South, Communications Coordinator Sylvia Trice, Director of Conference Planning

TENNESSEE TOWN & CITY (ISSN. No. 0040-3415) Publication No. 539420 — Official publication of the Tennes- see Municipal League. Publisher: Margaret Mahery (mmahery@ TML1.org); Editor: Carole Graves ([email protected]); Phone: 615-255-6416. Advertising: Publisher re- serves the right to reject any advertising deemed unacceptable. Fax classified ads to TT&C: Attention Mona Lawrence at 615-255-4752, or e-mail [email protected]. Fax adver- tising copy to TT&C: Attention Debbie Kluth- Yarbrough at 615-255-4752, or e-mail to [email protected]. Opinions expressed non League officials or staff do not necessarily reflect policies of TML. Tennessee Town & City is published, semi-monthly, 20 times per year at 226 Capitol Blvd., Suite 710, Nash- ville, TN 37219-1894. Periodicals postage paid The city of Murfreesboro closes a $103 million loan, The town of Nolensville closes a $21,000 loan. at Nashville, TN. Subscription rates: $6 per year to members, $15 to nonmembers, $1 a the largest in TMBF history. copy. Postmaster: Send changes of address to Tennessee Town & City, 226 Capitol Blvd., Suite 710, Nashville, TN 37219-1894. www.TML1.org 6-TENNESSEE TOWN & CITY/AUGUST 31, 2009 September Is National Preparedness Month

BY MITCHEL HERCKIS Advertising: $9.25 per column inch. No is an EEO/AA/Title VI/Title IX/Section charge to TML members. Send advertis- 504/ADA/ADEA institution in the provi- Nation’s Cities Weekly ing to: TT&C Classified Ads, Mona sion of its education and employment Lawrence, 226 Capitol Blvd. Suite 710, programs and services. All qualified ap- September marks the nation’s Nashville TN 37219; e-mail: plicants will receive equal consideration sixth National Preparedness Month. mlawrence@ TML1.org; or fax: 615-255 for employment without regard to race, To raise awareness, the Federal color, national origin, religion, sex, preg- Emergency Management Agency nancy, marital status, sexual orientation, (FEMA) is urging local govern- ASSISTANT TRANSPORTATION gender identity, age, physical or mental DIRECTOR disability, or covered veteran status. ments, private sector partners and MURFREESBORO. The city is seeking not-for-profit organizations to hold qualified applicants for the position of MUNICIPAL MANAGEMENT events that promote emergency pre- Assistant Transportation Director. CONSULTANT paredness in homes, schools, busi- Bachelor’s degree required; major course The University of Tennessee, Knoxville nesses and communities. work in public administration, engineer- is seeking applicants for the position of National Preparedness Month is ing, transportation, or related field is pre- Municipal Management Consultant for an opportunity to teach community ferred. College requirement may be the Municipal Technical Advisory Ser- members how to be self-reliant waived with ten (10) or more years of vice (MTAS). This organization is one of relevant experience. Minimum of three a kind in the nation serving Tennessee when a disaster strikes through cre- Gov. Phil Bredesen surveys the damage in the aftermath of the April 10, (3) years of progressively responsible cities by providing elected and appointed ating family emergency plans and 2009, “Good Friday” Tornado in Murfreesboro. work experience in public transportation officials one-on-one help with all facets emergency supply kits. Local gov- or public transit management is required. of local government. The municipal man- ernment participation helps citizens Americans say their household is www.Ready.gov website. Excellent human relation skills, with the agement consultant Serves as key contact get informed about the types of “very prepared” for a catastrophic Local governments, often in ability to communicate effectively with for 30-40 cities, the job involves answer- emergencies that may occur in their disaster such as an earthquake, hurri- coordination with not-for-profits or the public, elected officials, department ing questions from city officials, fre- community, appropriate responses cane or terrorist attack (15 percent in private sector sponsors, have held heads, employees and the media. Salary quently traveling to cities in the is $4,833.75 to $6,006.00 monthly and how they can get involved in 2006), and 48 percent say they are events to help their communities consultant’s territory, performing re- “somewhat prepared” (46 percent in become more prepared for the pos- DOQ&E with excellent benefits. Re- search, conducting training sessions, helping others get prepared for or quired application form and job descrip- writing publications, attending occa- respond to disaster. 2006). sibility of an emergency. Communi- tion available at: www.murfreesborotn. sional council meetings, and requires Stressing personal prepared- Looking further into the num- ties have been known to hold emer- gov or Personnel Department, 111 West some overnight trips. No two days are the ness for individuals and their fami- bers, FEMA found many believe gency preparedness fairs that teach Vine Street, Murfreesboro, TN 37130. same and independent judgment is a lies allows emergency workers to they have taken appropriate steps citizens about family emergency Phone 615-848-2553, TDD 615-849- must. For more about MTAS and the focus on those who are most in need toward emergency preparedness, plans, creating disaster kits and how 2689, Fax 615-904-6506. Applications position, visit the website: but emergency supplies are often preparedness helps emergency re- accepted until the position is filled. EOE. during a disaster. FEMA has put www.mtas.tennessee.edu. Job requires a together materials on how individu- scattered throughout the house, not sponders get to those most in need master’s degree in public administration/ planned out or otherwise not ready to FINANCE DIRECTOR/ equivalent degree & at least 5 years local als can get prepared, as well as infor- during an emergency. CITY RECORDER government employment, including 3 mation specific to seniors, busi- go. FEMA’s polling also showed in- To hear about how other com- FAIRVIEW. The city is seeking appli- years as city manager or 6 years as assis- nesses, young audiences, pet own- creasing “low concern and desensiti- munities have marked National Pre- cants for the position of Finance Director/ tant city manager - prefer experience as ers, and various special needs popu- zation” to preparedness. paredness Month and learn more City Recorder. This position is the city’s city manager/assistant city manager in lations. Local Government Activities about what you can do, visit authority on all aspects of financial man- city with minimum 10,000 population. National Preparedness Slipping In an effort to raise awareness, www.ready.gov or visit NLC’s City agement and requires a comprehensive Position is located in Knoxville. Letter & FEMA’s tracking polls show local communities can join the thou- Practice Database and search emer- understanding of city government fi- resume to Municipal Management Con- nance. Director manages the budgeting, that emergency preparedness is sands of FEMA coalition members gency preparedness. sultant Search, UT-MTAS, 120 Confer- across the country through the accounting, accounts payable, debt ser- ence Center, 37996-4105; e-mail, “leveling off.” Only 12 percent of vice management functions of govern- [email protected]. Open until ment and participates in the cash manage- filled. The University of Tennessee is an ment, pension, investments and certain EEO/AA/Title VI/Title IX/Section 504/ aspects of the payroll process and pur- ADA/ADEA institution in the provision Metro Animal Control barking up chasing. Position serves as city recorder of its education and employment pro- working closely with the Board of Com- grams and services. All qualified appli- missioners. A bachelor’s degree in Ac- cants will receive equal consideration for the right tree with high technology counting, Finance, Public Administra- employment without regard to race, tion, or closely related field supple- TECHNOLOGY from Page 1 color, national origin, religion, sex, preg- compared to a former average of mented by three (3) years previous expe- nancy, marital status, sexual orientation, rience and/or training that includes pro- gender identity, age, physical or mental about 45 percent. The equipment gressive management experience involv- disability, or covered veteran status. affords supervisors the capability of ing governmental accounting and bud- accurately monitoring officer per- geting is required. Preference will be TOWN ADMINISTRATOR formance and productivity, provid- given to candidates with professional cer- FARRAGUT. The Board of Mayor and ing a record of how many calls are tification such as Certified Municipal Fi- Aldermen for the town of Farragut, is received and responded to follow- nance Officer (CMFO); Certified Gov- seeking a Town Administrator to lead the ernmental Financial Manager (CGFM); ing every shift. administrative and service operations of GPS technology along with or Certified Public Accountant (CPA). the Town. The town of Farragut, incorpo- Salary: DOQ; comprehensive benefit rated in 1980, has 19,717 in population, handheld devices at work in the ve- package including TCRS Pension. Appli- covers 16.1 square miles, employs 43 hicles not only help keep employees cations will be accepted until position is full- time staff, and has a $10 million total on the right track, but the tracking filled. Submit a letter of interest, current budget. The ideal candidate should dem- system can pin point an officer’s resume, salary history and a list of three onstrate leadership experience in eco- location at all times, monitoring professional references to:City Manager, nomic development, commercial recruit- speed or when the vehicle sits idle City of Fairview, 7100 City Center ment and retention, and in planning, Circle, P O Box 69, Fairview, TN 37062. for more than 20 minutes, which building and zoning. The Town Adminis- could also serve as a life saving Email: [email protected]. trator is responsible for community and organizational strategic planning, imple- measure. MTAS LEGAL CONSULTANT menting and sustaining positive organi- Help was already on the way The University of Tennessee, Knoxville zational development, and executing recently when Officer Jason seeks applicants fo rthe position of Legal sound financial management. The Board Cunningham was attacked by a pit Consultant for the Municipal Technical of Mayor and Aldermen expects a leader bull during a routine call, suffering Advisory Service (MTAS), Knoxville. that exercises ethical leadership and serious bites before he could make it MTAS serves Tennessee cities by provid- judgment, implements a leadership style Photo by Victoria South ing municipal officials one-on-one tech- back into his vehicle. High tech equipment has dramatically improved productivity at Metro’s that demonstrates empowerment of staff And, the compliments around nical assistance. Position provides advice and citizens, promotes two-way commu- Animal Control as the agency takes in 1,300 animals a month. and technical assistance in municipal law nication, and has a flexible approach to the city are rolling in, according to to various municipal and state entities. problem solving. A graduate degree is Ladebauche. “I am so proud of this facility,” The Metro Nashville’s Animal Position develops and maintains techni- required with at least five years progres- “It’s a wonderful feeling when Ladebauche continues. “We would Care and Control headquarters is lo- cal reports and publications on critical sive senior level public sector experi- people compliment us about these be happy to serve as a point of refer- cated at 5125 Harding Place. For issues. Develops and teaches municipal ence; practical experience in a commu- changes, taking the time to call and ence for other cities across the state hours of operation, visit the website training courses, and assists others at nity similar to Farragut is preferred. Ex- encourage us during our ongoing that would like to know more about at http://health.nashville.gov/ENV/ MTAS. Independent judgment is a must, cellent written and oral communication efforts,” she said. this program.” AnimalControl.htm and minimal travel is required. Requires a skills should be evidenced and significant JD degree and admission to the Tennes- skills in strategic planning are also pre- see Bar – prefer up to two years experi- ferred. This position serves under the ju- ence in government law or related private risdiction of the Board of Mayor and Religious Freedom Act stifles police powers law experience. Experience in municipal Aldermen and shall be bound by the RELIGIOUS from Page 1 was unable to show that they used or state government with Tennessee rel- ICMA Code of Ethics as well as all fed- provide “the Church with a legal evant experience is preferred. Legal Con- eral, state and local laws. that it has used the least restrictive the least restrictive means of imple- weapon that no atheist or agnostic sultant Search, UT-MTAS, 120 Confer- www.townoffarragut.org Salary: DOQ. means to achieve that interest. Sher- menting a compelling state interest. can obtain. This governmental pref- ence Center, 37996-4105; e-mail, Send resume and cover letter to: Melanie bert v. Verner, 374 U.S. 398 (1963). Merced v. City Kasson, et al., WL erence for religion, as opposed to [email protected]. The Uni- Purcell, UT-MTAS, 120 Conference This standard caused difficul- 2343172 (C.A.5 Tex, 2009). irreligion, is forbidden by the First versity of Tennessee is an EEO/AA/Title Center Building, Knoxville, TN 37921, ties for state and local governments Last year in the District of Co- Amendment...” Bourne. VI/Title IX/Section 504/ADA/ADEA in- [email protected], FAX # until the law was challenged in lumbia a regulation prohibiting fa- The new standard created by the stitution in the provision of its education 865/974-0423 by September 18, 2009. cial hair for firefighters was de- and employment programs and services. Boerne v. Flores. 521 U.S. 507 RFRA will undoubtedly create li- The Town of Farragut is an EEO/AA/ (1997). In this case, a church was clared unconstitutional under an All qualified applicants will receive Title VI/Title IX/Section 504/ADA/ ability for municipal governments. equal consideration for employment ADEA institution in its employment. All denied a building permit to expand RFRA, despite ample evidence It will also diminish the authority of without regard to race, color, national qualified applicants will receive equal on the basis that the 1923 mission showing the danger it can cause. local governments to regulate land origin, religion, sex, pregnancy, marital consideration for employment without style church building was regulated Potter v. Dis. Of Columbia, No. WL within their jurisdiction through status, sexual orientation, gender iden- regard to race, color, national origin, reli- under a local historic preservation 2892685 (D.C. Cir. Sept. 28, 2007). zoning, direct the behavior of on- tity, age, physical or mental disability, or gion, sex, pregnancy, marital status, ordinance. The archbishop of the Justice Robertson noted the diffi- duty employees and protect the covered veteran status. sexual orientation, gender identity, age, church sued, alleging that his free culty in reaching this conclusion as it health and safety of its citizens. The physical or mental disability, or covered exercise of religion was burdened by places courts in the position of hav- full scope of the ramifications is lim- MTAS TRAINING CONSUlTANT veteran status. The University of Tennessee, Knoxville the denial. The court wisely found ing to balance religious liberty itless as any action that someone can is seeking applicants for the position of TOWN ENGINEER the RFRA unconstitutional in its against governmental interest, claim is religious can be used to Training Consultant for the Municipal COLLIERVILLE. The town is seeking application to state and local gov- which “is precisely the sort of police challenge even the most neutral and Technical Advisory Service (MTAS). applications for an experienced town en- ernments and temporarily things re- power matter that is best entrusted to prudent law. This organization is one of a kind in the gineer. The town engineer performs ad- turned to normal. That, however, the politically accountable Tennessee’s RFRA should nation serving Tennessee cities by pro- ministrative, managerial and supervisory was not to last. branches.” Nonetheless that is what worry all local government officials viding elected and appointed officials work in directing the town’s entire engi- Religious activists worked na- an RFRA requires. and employees and anyone in the one-on-one assistance with all facets of neering program, covering both design local government. The training consult- tionwide after Borne to enact state Finally, in Barr v. Sinton, also state who values law and order, and construction of public works and RFRAs, legislatively imposing applying the Texas RFRA, the court ant conducts needs assessments, devel- public utilities projects to enhance and equal protection and both religious ops courses, and determines delivery update the town’s infrastructure. This po- strict scrutiny. This year, Tennessee found a zoning ordinance prohibit- prongs of the First Amendment. If methodology for municipal training pro- sition requires that the candidate have a became the sixteenth state to adopt a ing two-halfway houses for ex-con- the ability of local governments to grams. No two days are the same, inde- Bachelors Degree in Civil Engineering or RFRA. Tennessee state and local victs was unconstitutional because regulate dissipates at even the most pendent judgment is a must, and travel is related; supplemented by 10 years of pro- governments will now face an uphill the facility was proposed by a tenuous claim of religious offense, required. For more information about fessional experience that includes public battle in upholding laws of general preacher. Barr v. City of Sinton, No. small sects will be able to hamper MTAS and the position, visit the website: sector municipal engineering, project de- applicability when someone claim- 06-0074 (Tex. Jun. 19, 2009). Not rational, safe and publicly-benefi- www.mtas.tennessee.edu. Position re- sign, and contract administration, with at quires a master’s degree in adult educa- ing religious offense cries foul. only did the court find that the city cial policy. The beauty of true reli- least 7 years at a supervisory level, or any failed to expend all possible alterna- tion human resource development, orga- equivalent combination of education, Other states with RFRAs have seen gious devotion and the good works it nizational development or a related field training and experience. Must possess the unintended consequences of tives, shockingly the court ruled that inspires is sacred, hence its protec- & at least 5 years in developing curricula, Professional Engineering (PE) license at these laws in zoning, public safety zoning enforcement was not a com- tion in the First Amendment. How- needs assessment, evaluating training time of hire and obtain State of Tennessee and other areas of regulation. Here pelling state interest. Had the propri- ever, the assumption that every programs, performing logistical develop- licensure within 6 months of hire. Salary are a few examples. etor of the halfway houses not been ecclesiastical entity is always well ment, and delivering training programs - range of $64,529 - $102,195 (DOQ) with This July, the U.S. Court of Ap- a man of the cloth, the city’s ordi- intentioned is not only unwise, it is prefer three years experience in a local excellent benefits. This position will re- peals for the Fifth Circuit ruled that nance would not have been judged unsafe. That, however, is our current government environment. Position is lo- main open until filled. To apply, send cated in Knoxville. Letter & resume to a Euless, Texas, ordinance prohibit- by strict scrutiny. This shows the lot. So as cities pass new policy, they letter of interest, cover letter with resume, fundamental unfairness of RFRAs. Training Consultant Search, UT-MTAS, salary history and professional references ing the sacrifice of animals within must be mindful of the heavy burden 120 Conference Center, 37996-4105; e- to: The Centre Group, 3725 Campion the city limits was unconstitutional They judge persons unequally under and possible liability looming over mail, teresa.davis @tennessee.edu. Open Hills Drive, Suite #2300 Memphis, Tn. under the state RFRA. When the the law. As Justice Stevens states in every ordinance they may pass. until filled. The University of Tennessee 38125, Attention: Joel Myers. Santeria priest brought suit, the city his concurrence in Bourne, RFRAs 7-TENNESSEE TOWN & CITY/AUGUST 31, 2009 www.TML1.org Minimum training required for firefighters FIREFIGHTERS from Page 1 dleston, 896 S.W.2d 782 (Tenn. App. 1994). In other words, there must be a reason or a common thread linking the exempted counties that justifies treating them differently from all the other counties of the state. No such reason, common thread or rational Integratedbasis is evident Electrical Design (IED) here. If an exemption is challenged, therefore, there is a good likelihood that it would be ruled invalid. There is a severability clause in the new law saying that if a part of the law is ruled invalid, that part will be re- moved and the rest of the law will remain in effect. If a county’s ex- emption is ruled invalid and re- moved, the training requirements in the law would then apply in that county. Thus, there is a possibility that the law will be interpreted by the courts as applying statewide any- way, even with the attempted ex- emptions. Another reason the training Kingston closed a $1 million loan with the Tennessee Municipal standards established in the new law Bond Fund to be used for street paving and road work. Pictured could apply even in the exempt left to right are: Carolyn Brewer, finance director; Joe Muscatello, counties is that they might be inter- TMBF representative; Eleanor Neal, city recorder; and Mayor preted in a tort liability suit as setting Troy Beets. the standard against which conduct is measured even in those counties. Thus, even if the training require- ment does not apply in those coun- Dependent eligibility ties, the conduct of the firefighters in the county could be measured in a lawsuit using the presumed conduct, verification underway based upon expert testimony, of Training in compliance with the new Tennessee Firefighters law can be INSURANCE from Page 1 not participate in the Local Govern- firefighters who had received the completed at the Tennessee Fire Service and Codes Enforcement tions will be asked and no further ment Plan, you would not be required training. In many cases the conduct Academy or through any equivalent course elsewhere. actions will be taken. We will not to participate or to provide any docu- of the untrained firefighter would require repayment of employer con- mentation. If you have any questions not measure up. Lack of training Academy. Roane, Scott, Trousdale, Union, tributed premiums, repayment of about whether or not your agency is also could be used in a federal law- The final version of the legisla- Unicoi, Washington. paid medical bills or seek further currently enrolled in the Local Gov- suit based on deliberate indifference tion also authorizes the local gov- This section does not apply to disciplinary action. This is basically ernment Plan please contact or failure to train when firefighter ernment to decide who will be re- the following counties unless the a one-time grace period. [email protected] or call 615-532- actions result in injuries to or death sponsible for the cost: the local gov- county legislative body adopts by a 2227. of a member of the public or other ernment or the firefighter. two-thirds vote a resolution to apply TT&C: Is the state going to just firefighters. Liability under federal Several counties exempted such requirements: McMinn*. drop dependents who don’t turn TT&C: Is there anything else lo- law is not limited. Governing bodies themselves out of the legislation. This section does not apply to in their forms? cal government should know? and fire departments in the exempt This section does not apply to the following counties unless the Lee: The Sept. 4 deadline for com- Lee: I would just say that if they have counties should not ignore this law. the following counties unless the county legislative body adopts by a pleting the Dependent Eligibility Any questions, I encourage them to Additional information county legislative body adopts a two-thirds vote a resolution to opt Verification is fast approaching. So call the Secova Hotline at 1-877- This training can be completed resolution to apply such require- into the statutory requirements: far, about half of the Local Govern- 793-3589. The staff is well-trained. at the Tennessee Fire Service and ments: Bradley, Campbell, Cannon, Bledsoe, Cumberland, Lawrence*, ment Plan members have completed They are helpful to our members. Codes Enforcement Academy or Cocke, Clay, Dickson, Fentress, Lewis*, Rhea. the process which, in most cases, is The call center is open seven days a through any equivalent course else- Giles, Greene, Hamblen, Hickman, This act does not apply to the as easy as sending in two pieces of week, 24 hours a day so participants where. The Academy offers the cur- Houston, Humphreys, Jackson, following counties: Benton, paper by fax, email or mailing them can call at midnight on a Thursday or riculum for both the 16-hour class Johnson, Lawrence*, Lewis*, Decatur, Hancock, Hawkins, in the postage paid envelop provided 5 a.m. on a Tuesday morning. It and the basic class on a DVD that is Loudon, McMinn*, Meigs, Morgan, Henderson, Henry, Jefferson, Lake, by Secova. We won’t drop anyone doesn’t matter. And the calls are con- free from any staff member of the Overton, Perry*, Pickett, Polk, Obion, Perry*, Stewart, Weakley*. until we have made a number of fidential. It is very important that attempts to reach them by phone, Secova hears from you by phone, letter or contact with their human FAX or mail by the Sept. 4th dead- resources staff. If someone needs line. Their FAX is electronic so you Municipal Administration Program more time to gather and submit in- won’t get a busy signal or have to formation, they can get an extension wait to be connected. There are also of time if they will just call the two websites that have good infor- September Schedule Secova Call Center before Sept. 4. mation. Go to http://tennessee.gov/ finance/ins/ins.html for FAQs, a TT&C: Some cities do not use the project overview and a list of re- Fire Departments:What Everyone Should Know state-administered insurance quired documents. Or go to https:// plan. Will the dependent eligibil- verify.secova.com/TN if you want to MTAS Fire Consultants pro- Dates and locations ity verification efforts impact verify your dependents online. And vide information to city officials Sept. 1 Jackson them? finally, our thanks to everybody for Sept. 2 Lakeland taking the time to help us with this concerning fire department’s poli- Lee: No, if your city, county, utility cies, operations, procedures and Sept. 3 Franklin districts or not-for-profit agency does important initiative. needs. Fire chiefs, senior fire offic- Sept. 8 Johnson City ers, city recorders, clerks, purchas- Sept. 9 Knoxville ing and human resource employees Sept. 10 Collegedale Comptroller proposes new of cities need to know what current information and trends are avail- Training Facilities To register for this municipal reporting requirements able to fire departments. This will Collegedale Collegedale City administration program class, visit Hall,4910 Swinyar Drive COMPTROLLER from Page 1 lic comment on model debt and de- enable department heads and em- the MTAS web site at Franklin Williamson County Exten- www.mtas.tennessee.edu or contact Wilson is calling for another 30- rivative management policies for ployees to coordinate their efforts sion Office, Agriculture Expo Park Elaine Morrisey at Elaine.morrisey day public comment period on the local governments, with particular with fire departments and elected Jackson West Tennessee Center for @ tennessee.edu. or call 865.974- revised guidelines. After that point, emphasis on variable rate debt. officials. The class covers manage- Agricultural Research, Extension, 0411. For program information, Wilson said he expects to present a While Wilson set no time limit on ment, vehicles, staffing, and opera- and Public Service, 605 Airways contact Kurt Frederick, MTAS final draft to the Funding Board for receiving public comment, he ex- tions of a fire department and alter- Boulevard training consultant, at 615.253- consideration. pects to propose some new guide- native methods of service delivery. Johnson City Johnson City Public 6385 or e-mail Kurt.Frederick “I know this may seem like a lines for local government debt man- Instructor Library, 100 West Millard St. @tennessee.edu. slow process, but we’re actually agement later this year. MTAS Training Consultants Knoxville University of Tennessee Fees are $25 per person per moving very quickly,” Wilson said. The draft guidelines may be Time Conference Center, 600 Henley class for municipal employees and “And it’s important to get this right.” viewed at: www.tn.gov/comptrol- Public administration courses begin Street $55 per person per class for all other Wilson has also requested pub- ler/lf/lfsfundbd.htm at 8:30 a.m. and end at 12:30 p.m. Lakeland Lakeland City Hall participants. Good Risk Management is just Good Management

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Tennessee Municipal League 2009-2010 Officers and Directors 2009 Public Acts of Interest PRESIDENT Tommy Pedigo BY JOSH JONES buildings, educational occupancies Retail merchandise theft. Amends Mayor, Sparta T.C.A., Title 39, Chapter 14, Part 7 VICE PRESIDENTS MTAS Legal Consultant or any other occupancy requiring Dale Kelley inspection for initial licensure, if the by creating the new misdemeanor Mayor, Huntingdon City Courts local government has chosen to offense of possessing any tool, de- Kay Senter vice, machine or implement with the Councilmember, Morristown Chapter No. 505 (SB0386/ adopt and enforce building codes of Ken Wilbur HB0730). Certain recorder judges all buildings other than one and two- intent to unlawfully circumvent, de- Mayor, Portland allowed. Amends T.C.A. Title 16, family dwellings or for one and two- activate, interfere with or remove a DIRECTORS family dwellings; and, retail merchandise security device. Jody Baltz Chapter 18, Part 3 by allowing a City Administrator, Tullahoma person to concurrently hold the of- 1)For one and two-family dwell- Effective July 1, 2009. President (TCMA) fices of city recorder and city judge if ings, it has adopted the Interna- TENNESSEE Alan Barker (District 7) tional Residential Code; Chapter No. 155 (SB0294/ Mayor, Humboldt their charter has a provision allow- FESTIVALS Angie Carrier ing such. Also allows municipal 2)For construction other than one HB0302). Offense of using false City Administrator, White House ( District 5) judges who are authorized to prac- and two-family dwellings it has identification for employment. Betsy Crossley tice law in Tennessee to substitute adopted a building code consist- Amends T.C.A. Title 39, Chapters Sept. 7: Hooray for Harriman Mayor, Brentwood (District 6) 14, 17 and 50, by creating a new Labor Day Celebration Karl Dean three hours of continuing legal edu- ing of the International Building Mayor, Metro Nashville cation (CLE) for the three hours of Code and either the International misdemeanor offense of knowingly Riverfront Park, Harriman from 10 Chris Dorsey required municipal judge training. Fire Code or the Uniform Fire manufacturing, providing, transfer- am- 5 pm. Music by the Riverfront City Manager, Red Bank (District 3) Code. ring or submitting false identifica- Band and Tommy Hardin, plus David Edwards Effective June 25, 2009. Councilman, Murfreesboro It is adequately enforcing its tion for the purposes of obtaining or other guests.Children and adult David Gordon Code Enforcement code and performing reviews of any maintaining employment. For pur- games with prizes. Horse shoe con- Mayor, Covington Chapter No. 424 (SB1830/ construction plans and specifica- poses of this offense, false identifi- test, corn hole toss, kids drawing J.H. Graham III and coloring contest. Various ven- Mayor, Crossville (District 4) HB1847). Certificates of public tions and inspections required by the cation is defined as a document that Bill Haslam nuisance. Amends T.C.A. Title 13, state fire marshal.Statewide build- was issued by a governmental entity dors and antique, classic and Mayor, Knoxville Chapter 6, by allowing a court to ing standards apply if the local and was subsequently altered or ap- european cars on display. For more Curtis Hayes information contact Wilma Mullins Mayor, Livingston award reasonable attorney fees to a government’s building code publi- pears to have been issued by a gov- W.W. Herenton prevailing party bringing a suit cations are not current within seven ernmental entity but in fact was not. at 865-717-2818 or e-mail Mayor, Memphis years, unless, otherwise approved Effective July 1, 2009. [email protected] Richard Hodges against the owner of an unoccupied residence who fails to maintain the by the state fire marshal. However, Mayor, Millington nd Dot LaMarche, exterior of the property and the lot to no publication can require a local Chapter No. 194 (SB0474/ Sept. 5: 2 Annual Best of the Vice Mayor, Farragut community standards.Allows for a government to adopt more stringent HB0070). Use of deadly force. Butts BBQ Cook Off Ron Littlefield standards than required by the state Amends T.C.A., Title 39, Chapter Historic Bell Buckle at George Mayor, Chattanooga hearing if a code enforcement entity David May denies the issuance of a certificate of or to adopt sprinkler requirements 11, Part 6, relative to defenses to Dickel and Bell Buckle Park from Council, Cleveland public nuisance. Action will be dis- for one and two-family dwellings. criminal responsibility. Prior to the 10am to 2pm. Capt. Rodney stage Keith McDonald (District 8) Statewide standards do not apply to effective date of this bill, a person is behind the stores downtown. Butts Mayor, Bartlett missed if the court opts not to issue a Cindy Cameron Ogle certificate of public nuisance. If the renovations of existing one and two- not justified in using deadly force to and ribs will be judged from a field City Manager, Gatlinburg (District 2) court finds that the issuance of a family dwellings.State fire marshal prevent another’s trespass on real of 22 entries. Culinary delights will Bo Perkinson may appoint a local government estate or unlawful interference on be available for tasting. The Cook- Vice Mayor, Athens certificate of public nuisance is war- Johnny Piper ranted, the court may issue an order employee or other qualified person property. This bill states that this off grounds will be open to the Mayor, Clarksville or injunction barring transfer of the as a commissioned deputy building provision does not apply if a person public at no charge at 9 Charles “Bones” Seivers property at issue without a prior inspector. These inspectors have the is justified in using deadly force for a.m. Winners will be announced at President-CEO, TN Municipal Bond Fund defense of oneself or another person. 2:00 p.m. and $600 in cash prizes Randy Trivette abatement of the nuisance, and authority to enter any one or two- City Recorder, Erwin (District 1) award reasonable attorney’s fees and family dwellings to make inspec- This bill also justifies the use of will be awarded. A People’s costs.Effective July 1, 2009. tions and report the inspections in deadly force against a person who is Choice Award will be given to the PAST PRESIDENTS writing to the commissioner. When prohibited by court order from enter- contestant deemed best by taste Tom Beehan, (2008) Mayor, Oak Ridge Tommy Green (2007) Mayor, Alamo Public Chapter No. 529 (SB2300/ municipal employees are appointed, ing a business. testers that would like to try their Tommy Bragg (2006) Mayor, Murfreesboro HB2318). Statewide energy codes. contracts between the commissioner Effective July 1, 2009. culinary skills on the pork butt Bob Kirk (2004) Alderman, Dyersburg and the city are required. competition. Uncle Tom’s Band Tom Rowland (2002) Mayor, Cleveland Amends T.C.A. Titles 4, 12, 67, 68, Sam Tharpe (2001) Mayor, Paris and 71 by enacting the Tennessee Deputy building inspectors Chapter No. 195 (SB0383/ playing from 11 a.m. to 2 p.m. Fam- Dan Speer (1997) Mayor, Pulaski Clean Energy Future Act of must be state certified as: HB0411). Coach Willard Ross ily games and prizes at 10 a.m.. A 1)Licensed building inspector; or Act. Amends T.C.A. Title 39, Chap- Whole Hog drawing will be offered TML AFFILIATED ORGANIZATIONS 2009.Expands the rulemaking au- (Ex-Officio Directors) thority of the state fire marshal to 2)Licensed plumbing inspector, ter 17, Part 13, by enacting the from Pepperhill Farms. All pro- Tennessee Municipal Attorneys Assn. include standards for energy effi- 3)Licensed mechanical inspector. Coach Willard Ross Act of 2009. ceeds will benefit Bell Buckle Andy Wright, Lebanon ciency. Explicitly excludes state State must provide a program to en- Creates a misdemeanor offense of Park. For more information and a Tennessee Municipal Judges Conference purchasing or attempting to pur- John T. Gwin, Mount Juliet mandated sprinklers for one and sure that one and two-family dwell- copy of the competition rules and Tenn. Chapter, American Public Works two-family dwellings, however, al- ing inspection services are available chase a firearm knowing that such regulations, visit www.BellBuckle Jerry Collins, Memphis Light & Water lows local governments to adopt statewide. State inspections must be person is prohibited by state or fed- Park.info or call James Anderson at Tennessee Government Finance Officers performed within three days of the eral law from owning, possessing or 931-808-1924 or Jenny Hunt 931- Mark S. Brown, Bartlett more stringent standards. Estab- Tenn. Assn. Housing & Redevel. Auth. lishes that the state standards apply request. Footers must be inspected purchasing a firearm. Also creates a 607-6784. Marilyn Medley, Morristown to municipal, county, state and pri- within one day of request.Inspectors misdemeanor offense of selling or Tennessee Building Officials Assn. may inspect one and two-family attempting to sell a firearm to a per- Sept. 26: Walk through White Tim Ward, Oak Ridge vate buildings, including one and Tennessee Fire Chiefs Assn. two-family dwellings, unless other- dwelling construction upon a re- son knowing such person is prohib- House History Jerry W. Crawford, Collierville wise provided by statute. Local gov- quest from the owner, a licensed ited by state or federal law from On the White House Greenway Tennessee Assn. of Air Carrier Airports contractor, or from the local govern- owning, possessing or purchasing a from 8am-3pm beginning at the Larry Cox, Memphis ernments may pass a resolution by a Tennessee Association of Chiefs of Police two-thirds (2/3) vote of the govern- ment body. Inspectors may charge a firearm. Effective July 1, 2009. Andrew Jackson Trailhead on Sterling Owen, Knoxville ing body, exempting one and two- fee for each inspection. State fire Hwy. 76. Rain or Shine. The event Tennessee Water Quality Management family dwellings in their jurisdiction marshal to develop a schedule of Chapter No. 241 (SB0388/ will feature re-enactors from the Jack Graham, Maryville HB0522). Offense of escape long hunter era, Civil War era (in- Tennessee Recreation and Parks Assn. from the application of the statewide fees. Effective July 1, 2010. Pam Beasley, Germantown standards. A county’s resolution broadened. Amends T.C.A. § 39- cluding a skirmish between Union Tennessee Chapter, American Planning cannot exempt a municipality within Contracts 16-605 by expanding the definition and Confederate troops), and WWI Karen Hundt, Chattanooga Chapter No. 518 (SB1577/ of the offense of escape to include troops. For further details, contact Tennesseee Personnel Management Assn. its borders.The initial resolution may Steve Adams, Metro Development & be adopted after July 1, 2009, to take HB1705). Construction manage- escaping the lawful custody of a law [email protected] Housing Agency effect on or later than July 1, 2010. ment contracts. Amends T.C.A. § enforcement officer. Tenn. Assn. Municipal Clerks & Recorders 12-4-106 by considering construc- Effective July 1, 2009. Oct. 3- 4: Allardt Great Pumpkin Shirley Dancy, Gates Any such resolution expires 180 Tennessee Assn. of Public Purchasing days following the date of the elec- tion management as a professional Festival & Weigh Off Rex Gaither, Smyrna tion next occurring after the adop- service that can be procured without Chapter No. 267 (SB1587/ Fun-filled family weekend in the TN Section, Institute of Transportation competitive bidding. Construction HB1519). Gambling devices legal little town of Allardt, pop. 700. Engineers tion of the resolution. Earlier expira- Kevin Cole, Knoxville tion date may be stated in the resolu- management includes preconstr- for out-of-state-use. Amends Giant prize pumpkins, crafts, food. Tennessee Public Transportation Assoc. tion. Hence, each new governing uction and construction administra- T.C.A. Title 39, Chapter 17, Part 5 Watermelons, squash, long gourds, Rebecca Harris, Cookeville body must pass a resolution to con- tive and management services. Any- by making it legal to own, manufac- sunflower heads, corn stalks, and Tennessee Fire Safety Inspectors ture, possess, buy, sell, rent, lease, other vegetables will be weighed Tommy White, Sevierville tinue the exemption.Resolutions one licensed as a general contractor, Assn. of Independent and Municipal Schools must be forwarded to the state fire architect or engineer can serve as a store, repair, transport, print or make and measured competing for cash Reecha Black, Alamo marshal. If a local government construction management profes- any gambling device so long as it is prizes and world record consider- sional. Although a construction solely intended for use out of this ation. Weigh-off begins at 10 a.m. TML ASSOCIATE PARTICIPANTS chooses to adopt and enforce codes GOLD LEVEL MEMBERSHIP for only one and two-family dwell- manager cannot provide actual con- state and meets federal standards. Attractions Oct.4 include the Bank of New York Trust Company, N.A. ings or for all buildings other than struction work on a project where he Requires registration with U.S. At- Pumpkin Run, entertainment stage ING Financial Advisers, LLC or she serves as construction man- torney General. Removes provision at city hall, car and motorcycle SILVER LEVEL MEMBERSHIP one and two-family dwellings or for AT&T no buildings at all, then the state fire ager, unless bids have been solicited from definition of gambling device shows, antique tractors, quilt show, Redflex Traffic Systems marshal must enforce the statewide twice and no bids have been submit- excluding computer software that and parade. Fireworks light the Sensus Metering Systems codes where the local government ted. Effective June 25, 2009. cannot be used for gambling until skies at nightfall. Admission free BRONZE LEVEL MEMBERSHIP Alexander Thompson Arnold, PLLC has not adopted and is not enforcing the software is incorporated into a and free parking. Entrants call Alliance Water Resources codes. State standards do not apply Crimes and Criminal Procedure gambling device, at which time pos- 931-879-7125. For more informa- BlueCross BlueShield of Tennessee to any building, other than state Chapter No. 83 (SB0437/SB0748). session is illegal. tion, visit the website at Collier Engineering Co., Inc. www.AllardtPumpkinFestival.com Johnson Controls McGill Associates, P.A. One Source Document Solutions, Inc. Rare Element, Inc. Thompson Engineering CORPORATE LEVEL MEMBERSHIP AMEC Earth & Environmental Askew Hargraves Harcourt & Assoc., LLC Barge, Waggoner, Sumner & Cannon, Inc. Click2Enter, Inc. CMI Equipment Sales, Inc. Comcast Cable Communications Concrete Paving Assoc. of Tennessee DBS & Associates Engineering Desktop Risk Manager Education Networks of America Employee Benefit Specialists, Inc. Florence & Hutcheson, Inc. Goodwyn, Mills & Cawood, Inc. J.R. Wauford & Co. Consulting Engineers,Inc. LaserCraft, Inc. Local Govt. Corporation Mattern & Craig, Consulting Engineers, Inc Nashville Tractor & Equipment, Inc. OHM(Orchard, Hiltz, & McCliment, Inc. Pavement Restorations, Inc. Rush Truck Center, Nashville Smith Seckman Reid, Inc. Statewide Insurance Group of America Stowers Machinery Tennessee Cable Telecomunications Assn. Tennessee Energy Acquisition Corporation Tennessee Fiber Optic Communities Thompson & Litton, Inc. Thompson Machinery Third Rock Consultants,LLC TLM Associates, Inc. Tri Green Equipment, LLC URS Corporation Utility Service Co., Inc. Vaughn & Melton Volkert & Associates Waste Management Wiser Company, LLC 9-TENNESSEE TOWN & CITY/AUGUST 31, 2009 www.TML1.org www.TML1.org 10-TENNESSEE TOWN & CITY/AUGUST 31, 2009 TML vice president Mayor Ken Wilber, dance partner of energized Portland BY GAEL STAHL TT&C: Any hobbies now? TT&C: What was the main reason you KW: I suppose the hobby that surprises left your job to run for the mayor’s office Kenneth Wilber was born in folks the most is ballroom dancing. In five years ago? What did you hope to 1954 in Portland, Tenn., a city 45 recent years, I’ve done a lot of it. I’m one improve? minutes north of Nashville, where he of the owners of a dancing school we KW: I’m usually a kind of positive person has lived all his life. opened up last November in a beautifully but we were undergoing some negative His mother’s side of the family, renovated older building on Main Street. feeling within the council and beyond the the Caudills, moved to the area from It’s taking off nicely. We have party nights council about a lot of things. That wasn’t a the Appalachia hills of east and dance lesson nights, and hold good thing. It became important that we Kentucky 100 years ago, long before competition events. It’s pretty active all project a more forward-looking, positive there was a town. They came seeking year long. There aren’t many days that I’m feeling. I wanted to try to bring Portland inexpensive land and found good not involved in it some way or another. back on track and growing again by being rich soil that became famous for its more positive to give people a better feeling strawberries. Sarah Elizabeth TT&C: In the mid-1990s, Portland ECD about government. I think we’ve accomp- Caudill left Portland in the early Director Fred White was asked to share lished that to a certain extent. 1940s seeking work. In North Portland’s industry recruiting strategies We still need to improve our Vernon, Ind., a small town southeast with municipal officials at a TML transportation system and find another of Indianapolis, she found work, and conference. Has that success continued? dependable source of drinking water. a husband, John Henry Wilber KW: Fred was here part of the time I was We’ve been working on the lake but have whom she married and took back to serving as superintendent of Public Works. had issues with the state. Our water has Portland where they raised three He was a visionary. When we first looked come from a small city lake and Drake’s children. John Henry went to a at an economic development project for Creek. Most of the time, we’d be OK, but Tennessee trade school, learned the city, he said getting utilities for that during a drought two years ago we brick laying, and became a mason. plant wasn’t enough to prepare for more struggled. Wilber’s mother became a career companies coming down the road. You household manager and mother. had to be thinking with Fred. He deserves TT&C: Portland’s 150 year anniversary Wilber’s older brother is deceased; a lot of the credit for attracting industry. lapel pin has strawberries, but more his younger sister lives in Hermitage We’ve tried to keep most of the plants we compelling is the train on the railroad in east Metro Nashville. brought in then and to keep a lot of his track going to the depot. Trains run by When Wilber was growing up, recruiting strategies going. Fred died before city hall as we speak. What’s the story? Portland was a city of 3,000 (now I became mayor. Our current economic KW: Most of the trains don’t stop but we 11,000). He walked everywhere with coordinator worked with him. have some plants with spurs giving them his friends and played, but he worked access to rail. Portland, then called hard too – helping his father and TT&C: He told TML the city was Richland Station, was started in 1859 as a working for farmers hauling and attracting more industry and jobs than railroad town. The station was the first stop stacking bundled hay and, in town, Portland had workers to fill them; the for steam engines leaving Gallatin to refill mowing grass and doing yard work. city population doubled on work days; water supplies. When it was discovered Photo by Carole Graves During high school, he worked at a and the city mostly needed housing for there were two Richlands in Tennessee, the local television, radio, appliance workers wanting to live here. Portland Mayor Kenneth Wilber railroad changed Richland to Portland, the repair store. Learning to repair KW: I remember Fred making that name of a station in Louisville they were appliances and install them in homes statement. It’s not as true now as it was cil, we made improvements in our water and sewer systems that closing. gave him a lifelong fondness for then. From the 1980s on through the mid made me proud and gave me a sense of accomplishment. When I was growing up, the depot was electrical work and all things 1990s, our industrial growth grew faster Actually, some of that happened later when I was Public Works still here. My mother told of how they electrical. It paid off in his careers in than our residential base. We lacked superintendent. would take a train to Nashville in the the private sector and while working sufficient starter homes. During the 1990s We now have two new or fairly new water and sewer plants morning and return the same day. Trains for city government. our population began to grow rapidly as we and made a lot of infrastructure improvements. Our gas system were a major part of our history ever since After graduating high school in supplied more housing. At one point, before serves large areas not in the city as does our water utility. I was 1859. 1972, Wilber worked a year at the recent layoffs, we employed 5,200 to 5,400 proud of those things. . radio and TV shop and at a company people in the daytime here. We have been When I was first elected, we had two computers. I was TT&C: How do strawberries feature in that fabricated sewer pump stations. successful getting new plants. A new involved in improving computer services for the city. It seems so much of your history? He did the electrical work and helped industrial park is now being developed off like a fairy tale how big a deal our $15 ,000 new system was. KW: The soil was so favorable for growing ready them for shipmen. He started a I-65 at the western edge of our city limits. Today we will pay twice that for a software package and not strawberries that in the 1940s and 50s there plumbing and electrical supply consider it a bad price. It was exciting going through those were more than 1,200 acres in strawberries. business with a colleague, and in TT&C: What attracts perspective information and communications changes and up-grade For several days, train loads of straw- 1985, went to work for Electric industry to Portland? systems to better serve citizens. berries were shipped out and trucks lined Supply in Gallatin. KW: Our location is good. We have I-65 both sides of Hwy.109 to transport them to At that time he was elected to on the edge of town, and we’re not that far TT&C: In your 20 years of elected and appointive markets. A Portland canning plant canned serve on the Portland City Council from I-40 via Hwy.109. We also have a rail municipal service, what other quality of life amenities the berries and got them ready to ship in and served two terms. In 1995, he system, our own airport, and, nationally, happened since 1987? crates that were manufactured here. An ice declined to run for a third term we are located in the population center of KW: The parks system has seen a lot of improvement. One park cream company on the east coast would fly because the drive to and from the United States. Plus, our work force is has several ball fields, soccer fields, walking trails, an strawberries out every night from that Gallatin too often conflicted with good. Plant officials compliment our amphitheater, and other amenities. plant. Strawberries have long played a role council meetings. In 1996, he was employees. They know what work is, and In my first four years as mayor, we’ve focused on getting in our economy as the major cash crop in the hired to work in the city’s sewer they have a lot to do with keeping industry the Portland Planning Commission up to speed. I’m proud to area. department. When he left after seven here. say we now have a full-time planner on staff and we’re doing a In early May, we celebrated our 68th years, in 2003, he was the better job with planning and in our Codes Department. Strawberry Festival. When I was growing superintendent of Public Works. He TT&C: There are a lot of 18-wheelers It’s tough for citizens to make the conversion from not up, the festival was the big event of the year. worked for a utility contractor until and other trucks on Highway 109 coming having very strict codes to where we try to get things more in Somewhere along in the 1970s or 80s and 2005 when was elected Portland’s from I-40 to the south; and 109 runs order and do a better job of planning. That transition has been early 90s, interest began to fade. We have full-time mayor. This year, he ran through Portland, in fact, along part of something of a challenge. I‘ve always said that the hardest thing recently tried to revive interest and have unopposed for a second term. your main street? you do as a mayor or as an elected council person or department held really successful festivals. He has been active in Tennessee KW: We need a bypass for the safety of our head is helping the community to work through transitions. Main Street is shut down for folks to Municipal League activities ever citizens.The state is saying we’ll never see This year we will celebrate our sesquicentennial year. mill around and greet each other. There are since he was elected to the council in the I-840 northern corridor around When your city is 150 years old, you naturally have an older a lot of vendors, a parade, a carnival, golf 1987 and, says White House City Nashville, so 109 will be a busier and population, a younger population, and a middle population. tournaments, church choir nights. We end Administrator Angie Carrier, he busier connection between I-40 and I-65. Finding the balance between those communities is one of the up with concerts in the park and a fireworks thinks regionally. Because Portland The planned widening of 109 to four lanes hardest things for elected officials. Your senior people have show. and nearby White House have the between I-40 and I-65 will make 109 the made their living and are satisfied with the way things are. They Sumner/ Robertson counties running major corridor and give the state a way to don’t want anything to change. In fact, they’d rather go back to TT&C: How did you get involved in the through both their cities, Wilber and divert traffic around Nashville to keep up what it was like a few years before, when they were growing up. Tennessee Municipal League? Carrier confer over lunch occasion- with the metropolitan traffic load. A new Then, there are your younger people needing to make their KW: Fred White had a hand in that. I’ll ally to discuss state, county, and interchange at I-65 north is scheduled for living and their lives and needing different kinds of services. never forget my first TML conference in municipal intergovernmental issues. 2012. It will make I-65 four-lane Finding that balance can be challenging at times. We’re here to 1987. The council elections were in May. At least 95 percent of Portland’s northbound. They are also working on the see that government is serving our citizens by trying to fulfill First thing I knew, we were going to citizens are in Sumner County. Sen. bridge in Gallatin to provide a shortcut to their variety of needs. Gatlinburg for the annual TML conference Diane Black and Rep. Mike and from Nashville. in June. Fred took me and another newly McDonald represent both cities in TT&C: Needs that are evolving? elected council member aside and clued us the state legislature. TT&C: After roads, what’s your next KW: Now that we have the subdivisions of starter housing, we in about city government and TML. I have Carrier echoes what many who most important ECD goal? need to step up to larger homes. We already have some nice, always been grateful for Fred’s help early deal with Wilber say: he is a team KW: More retail establishments. Of course, expensive homes, but we need to develop more of that type of on, and later too. If you needed help, he was player, great to work with, “a good we can always use more industry: we’ll home to meet the needs of people who have worked hard, gotten ready. guy for Portland.” never quit on that. We’ve been working on their lives going a little bit and are able to step up to another Portland has always tried to support At the annual TML meeting in retail for the last two or three years. The level. TML. I attended conferences as a 2007, Wilber was elected by munici- problem is that while we’re far enough councilman, as an employee in public works, pal colleagues to represent their from Nashville to remain a small town in a and as mayor. The Municipal League is a district on the TML Board of rural setting and just minutes from the great organization. I was fortunate to be a Directors. In June, he was elected amenities of Gallatin, Nashville, and district director for two years and I’m TML third vice president and Carrier, Bowling Green, if we have insufficient looking forward to playing a role as third who had been elected alternate retail, our local consumers take their retail vice president. I hope I can make some kind director last year, replaced Wilber buying to other cities. Another geographical of contribution to the League. as district director. disadvantage is Tennessee’s high sales tax. I’ve learned a lot from the conferences. In 1975, Wilber married Being close to the state line means folks Comparisons are odious as the saying goes, classmate Jackie Bunch Wilber. Her can avoid our 9.25 percent sales tax by but the conference this year was outstanding. family moved to Portland when she driving 10 minutes to Franklin, Ky. and Chattanooga did an excellent job and the and Wilber were in fifth grade. They pay a 6 percent tax on food and other items. exhibitors and their booths were handy, and didn’t date while in school but three Knowing they’d get a lot of Tennessee there were a lot of informative study groups years after graduation, they married. traffic, Wal-Mart and other stores built just that help us fulfill our municipal Jackie Wilber, who enjoys nothing across the state line, even before you get to responsibilities. Everybody I talked to felt more than “being around kids,” is a Franklin. it was a good conference. librarian at a Portland elementary I have to confess that there is one thing school. They have two sons and a TT&C: Why did you run for council in I kind of miss at the TML conferences – daughter. 1987? those Tuesday night banquets. That was the KW: It was 15 years after graduation. I’d big night. You had special entertainment TT&C: Did you have any become involved in various activities such and everybody had a chance to dress up. interesting extracurricular activi- as the Lions Club and Quarterback Club ties in high school? and deeply involved in church work, espe- TT&C: What are your main interests for KW: Football. Since my classmates cially in the youth group. I was curious to TML as a current vice president and on and I played football together through see what was going on in city government track to be its president in three years? middle school and high school, we’ve about the time a council election came KW: The Tennessee Municipal League has been close-knit ever since. For the along. I ran for a seat and was elected and been our voice with state and federal last 37 years, the post-Christmas served two terms. Going in I didn’t know legislation and revenue sharing for the last season finds our senior year players what to expect or what impact I could have. 70 years. And for the last three decades it going out to eat. We take our football One of the first shocking things I learned has provided towns and cities specific coach with us and mostly talk about was how limited you are in what you can do needs such as the TML Risk Management the same good plays, bad plays, and as a city council member. You go in with Pool and the Tennessee Municipal Bond stuff like that. That’s an advantage dreams to change the world. In reality, you Fund. I’ve been on the board of the TML of growing up in a small town. You can only do certain things within the state Risk Management Pool since last fall. I’m can get close to your friends and and federal context. “I suppose the hobby that surprises folks the most is enjoying that and am learning quite a bit. keep those friendships. During those eight years on the coun- ballroom dancing. In recent years, I’ve done a lot of it.”