1-TENNESSEE TOWN & CITY/JUNE 18, 2008 www.TML1.org 6,250 subscribers www.TML1.org Volume 59, Number 11 June 18, 2008 Projections for state-shared taxes Host City Reception at FedEx Forum for Tennessee’s municipalities Memphis is planning a grand BY DICK PHEBUS largely unaffected except for rev- event Sunday, June 22, to welcome MTAS Finance Consultant enue growth projections. municipal officials to the city as part Based on these projections for of the 2008 Tennessee Municipal The second session of the FY 2009, municipalities are ex- League Annual Conference. 105th Tennessee General Assem- pected to receive approximately Held at the city’s new $250 mil- bly adjourned on May 22, 2008. $112.46 per capita for the fiscal lion arena, the FedEx Forum, the Faced with substantial short- year beginning July 1, 2008. reception will offer, music, food, falls in revenues for both fiscal The following is a breakdown and an opportunity to tour this new years ending June 30, 2008, and of what municipalities can expect state-of-the art facility. June 30, 2009, the general assem- to receive in FY 2009. For those The FedExForum is the largest bly made significant reductions to cities that are in the process of public building construction project both years’ original appropriations. adopting a budget or have already in Memphis history. It is managed While these reductions im- approved one, financial personnel and operated by the Memphis Griz- pacted many state departments and should review this information to zlies of the NBA and is also used by state universities, the municipal determine if adjustments to the the University of Memphis Tigers share of the state-shared taxes were budget document are necessary. basketball team. Following a recent trend in The FedEx Forum, located on historic Beale Street, is the largest public arena design, the FedExForum was building construction project in Memphis history. Per Capita See FEDEX on Page 9 Amounts General Funds TCPR distributes open records request State Sales Tax $72.22 among state’s cities, counties, schools State Beer Tax $0.56 BY VICTORIA SOUTH or television station will make a re- we knew of the reason for the spe- Special Petroleum Products Tax TML Communications Coordinator quest of several of the larger cities, cific request,” said Mahery. $2.16 satellite cities or maybe cities within “Others wanted to make sure (City Streets and Transportation Revenue) On the heels of changes to a particular geographic area, but I’ve they were responding in accordance Tennessee’s open records law, a been involved in local government with their obligations under the law Gross Receipts Tax (TVA in lieu of tax) $9.65 blanket request appearing in every for years and I am not aware of and we referred all of those ques- city, county and school across the another time that all 347 cities in the tions to the MTAS legal consultants Total General Fund Revenue $84.59 state seeks to facilitate an informa- state were sent the same request for for response.” tional lesson about governmental information under the open records “We’re advising cities to let the State Street Aid Funds openness and accountability, ac- act.” Policy Center know the information cording to the Tennessee Center for “In the past, we’ve sent every will be made available to them and Gasoline and Motor Fuel Taxes $27.87 Policy Research (TCPR). single state department and cabinet ask if they need copies to be made The request, distributed by requests for various budget informa- and how to get the information to TCPR by fax, e-mail, or snail mail Total Per Capita tion or e-mail records,” said Drew them,” said Legal Consultant, Den- $112.46 relates to how many procurement Johnson, TCPR President. “We nis Huffer, of the Municipal Techni- (General and State Street Aid Funds) cards (P-Cards) are maintained by wanted to see if they were compliant cal Advisory Service. the governmental entity and the or sometimes we suspected some- “Also certain confidential in- names of the individuals authorized thing, but with this, we don’t suspect formation such as account numbers Following are other changes to in order to receive revenue from to use them. to find anything at all that would cost will need to be redacted, Huffer taxes and miscellaneous items: this tax. Additionally, TCPR is request- someone their job or get anyone into adds. • Hall Income Tax: The statewide · Mixed-Drink Tax: The state- ing copies of monthly billing state- trouble. This is about local govern- “The law requires all municipal projections indicate very little wide projected increase is 4.5 ments related to each card for Fiscal ment being accountable about how it records to be opened for personal growth due to economic condi- percent. Year 2006-2007, with sensitive in- spends tax dollars and to make tax inspection by any citizen of Tennes- tions. Individual city amounts • Public Safety Salary Supple- formation such as account numbers payers aware they can utilize records see during normal business hours, will fluctuate. Due to recent ments: HB 4219/SB 4213 was obscured or made illegible. The re- about local government.” unless there is a law making the market volatility it would be adopted by the General As- quest offers to pay duplication costs Changes in the open records bill records confidential,” Huffer con- prudent to be somewhat con- sembly on the last day of the up to $15.00. approved by the 2008 General As- tinues. servative in estimating your session. The public safety sal- “We’ve been contacted by about sembly requires governmental agen- “If the citizen wants to make city’s revenue. ary supplements for firefighters a dozen cities inquiring about the cies to respond to records requests copies, they may do so on the pre- • Corporate Excise Tax: The state- and police officers are to be request and some of the county rep- within seven business days of the mises. Under current law, cities can wide projections indicate little funded at the same rate for FY resentatives have mentioned some request, provide an estimated time charge reasonable fees to reimburse growth. This tax is based on 2009. Upon completion of cer- counties have received a similar re- that the record will be made avail- the tax payers for copying ex- bank profits and is distributed tain training requirements po- quest from the same organization, able, or provide a written reason for penses.” based on situs in lieu of intan- lice officers and firefighters are but I had no idea that every single lawfully denying access to the “Now is as good a time as any to gible personal property taxes. eligible for annual bonus sal- city, county and school system had record. Current law does not dictate make constituents aware about how Cities must levy a property tax ary supplements of $600 each. been asked to provide this informa- a deadline for responding to re- open government is,” said Johnson, tion,” said Tennessee Municipal quests. who said that once compiled, the League Executive Director, Marga- “Most of the calls have been to report will appear online. “It will be What Cities Can Do About NIMBYism? ret Mahery. make us aware of the request and in PDF format so citizen constitu- “That’s unusual,” Mahery con- asking whether we knew anything ents can look and see how their BY PATRICK SLEVIN tinues. “Occasionally, a newspaper about the organization or whether money is spent.” When people learn that I spe- cialize in helping developers miti- Risk Management Pool announces gate community opposition a.k.a. NIMBYism (Not-In-My-Back- Yard), they often ask two basic ques- changes in city fireworks coverage tions: 1). What is NIMBY? 2). How A number of the safety, licens- of whether “con- can it be prevented? ing and permitting requirements for sumer” or “display” My technical answer to the first public fireworks displays have been grade fireworks are question would explain in detail that changed by the state legislature over being used. NIMBYism is comprised of a vocal the past couple of years, thus chang- The Fireworks minority defending the status quo ing the compliance program en- Application Checklist against new development. These forced by the Tennessee State Fire & Safety Affidavit are small groups of homeowners, com- Marshal’s Office. designed to essentially prised of maybe half dozen core resi- In an effort to ensure public mirror the state Fire- Patrick Sleven dents rally their neighbors to lobby safety and to provide adequate un- works Permit require- elected officials to vote against vari- chased, residents begin to speculate derwriting guidance for cities and ments; that is, the gov- ous projects. This visible opposition on its potential use and rumors be- other TML Pool members, the TML ernmental entity must typically spreads misinformation via gin. These rumors are often wrong or Pool has instituted changes in how follow the safety re- the community grapevine, causing they misconstrue the facts. False ru- fireworks exposures are underwrit- quirements of NFPA great anxiety for neighbors and mors circulate quickly and ten for public displays being con- 1123 & 1124, and the elected officials alike. NIMBYism rears its head, in many ducted by member entities. regulations governing Although my explanation is cases, before a land use application Current law outlines certain public safety as out- technically true, it doesn’t really is even filed. safety requirements for entities that lined in TCA Title 68, capture the true essence of Traditionally, communications wish to assemble and discharge “dis- Chapter 104 and en- NIMBYism. Now when people ask on land use applications rely upon play” grade fireworks, formerly forced by the Tennes- me to explain NIMBYism, I simply bureaucratic notices and several known as class “B” fireworks.