1-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 www.TML1.org

6,250 subscribers www.TML1.org Volume 61, Number 16 October 25, 2010 Survey shows intensified financial pain for municipal governments

BY GREGORY MINCHAK balance city budgets. munities. Some are innovating and and Financial pressures are forcing finding creative solutions but, re- CYNDY LIEDTKE HOGAN cities to lay off workers (79 percent), grettably, without the necessary re- Nation’s Cities Weekly delay or cancel capital infrastructure sources, cities will continue to have projects (69 percent), and modify a difficult time assisting their resi- Cities’ finances continue to health benefits (34 percent). There dents through these trying economic weaken under the strain of the reces- were also significant increases in the times.” sion, resulting in cities being less number of officers reporting across- Cities are in the worst fiscal able to meet their fiscal needs in the-board services cuts (25 percent) shape they've been in since the Great 2011 and beyond, according to the and public safety cuts (25 percent). Depression, said the report’s co-au- latest research from NLC. Public safety is usually reduced only thor, Michael A. Pagano, dean of the In NLC’s annual report on cit- as a last resort option. College of Urban Planning and Pub- ies’ fiscal conditions, financial of- NLC President Ronald O. lic Affairs at the University of Illi- Each year, the Downtown Paris SPOOK-tacular, on the historic ficers report the largest spending Loveridge, mayor of Riverside, Ca- nois at Chicago. courthouse lawn, gets bigger and better with delicious concessions, cuts and loss of revenue in the 25- lif., said “the easy cuts are gone” as In most recessions, sales tax col- free craft activities, entertainment and contests by organizations and year history of the survey. In the cities are facing the third and fourth lections tend to pick up by the time businesses. Held during daylight hours, merchants invite children, research brief, "City Fiscal Condi- years of tight budgets resulting from reduced property tax values and col- and the young at heart, to trick or treat to their heart’s content and join tions in 2010," 87 percent of city the financial crisis, including a lections impact the economy. But the big costume contest. This year’s event was held October 23. finance officers report their cities downturn in real estate values and the real estate market has not re- are worse off financially than in reduced sales tax revenues. bounded while expenditures con- 2009. “Cities balance our budgets be- tinue to decline, he said. “This year’s report reveals that cause we have to,” he said, “but the “Even if the economy turns while the recession might have offi- extraordinary pain of the recession around tomorrow, cities won’t feel it Iowa League sues EPA cially ended in terms of the national has made it a different time for cities for two to three years," Pagano said. economy, cities are now in the eye of and towns.” City revenues — as generated in “This historic recession has property, sales, and income taxes — BY DENISE PAIGE ronmental Protection Agency’s re- the storm in terms of the recession’s forced city officials to make difficult will decline 3.2 percent in inflation- TML Government Relations interpretation of federal rules con- impact on budgets,” said Chris cerning the operation of wastewater Hoene, co-author of the report and decisions that impact the social and adjusted dollars according to fi- economic fabric of their communi- nance officers. To compensate, city The Iowa League of Cities treatment plants and heavy rain-re- director of NLC’s Center for Re- ties,” said Loveridge. “This reces- officials are cutting back spending, (ILC) filed an action in the 8th Cir- lated discharges; the EPA’s position search and Innovation. “For many sion is making city officials funda- with expenditures declining by 2.3 cuit Court of Appeals petitioning that compliance with the State’s E. cities, the pain is intensifying.” mentally rethink and repurpose the percent. These are the largest cut- for a review of a number of Environ- coli standard be determined “end- The pain is often coming in the provision of services in their com- mental Protection Agency (EPA) off-pipe;” and the new requirement form of service and staff cuts to See SURVEY on Page 7 rule reinterpretations that affect that CSO flows delivered to the municipal compliance in managing treatment facility must have com- wet weather flows (both wastewater pleted biological treatment “if fea- Chattanooga workers reap one-stop and stormwater). sible and affordable.” The lawsuit claims the EPA has Prior to the new position, mu- benefits with Well Advantage Program reinterpreted federal rules, without nicipalities were allowed to use al- going through the administrative ternative approaches and technolo- BY VICTORIA SOUTH rule-making process, that place gies and given options concerning TML Communications Coordinator more stringent requirements on treatment facility design to safely municipal wastewater treatment fa- process peak wet weather flows. Chattanooga had no intention of cilities and could require cities and Johann Coetzee, wastewater direc- rivaling NASA when it created a towns to spend millions of dollars to tor Elizabethton, reviewed the rules healthcare plan for its 6,000 munici- bring their systems into compli- and commented that “The city of pal employees based on financial ance. The matter is set to be re- Elizabethton is an example of a com- rewards, free wellness programs and viewed on Nov. 15 in federal court, munity that invested in TDEC ap- gym memberships, but in 2008, only and Hall and Associates, counsel proved treatment infrastructure, and a fraction of employers across the for the ILC, is encouraging all af- as a result of the reinterpretation of nation offered these types of healthy fected municipalities to join their the rules by the EPA, now cannot use incentives and NASA was on the efforts. all of the designed features.” list. According to Donna Kelley, Since the reinterpretation will These rule interpretations by the Chattanooga’s director of Human affect a number of states, many EPA will more than likely place Resources, and Madeline Green, di- leagues, including the Tennessee many cities in violation of federal rector of Chattanooga’s Risk Man- Municipal League, believe that the rules with no practical options to agement and Insurance, it all began National League of Cities, which come into compliance and subject with some RFPs. represents municipal interests at the local governments to federal law- “Our former mayor, Bob federal level, should file an Amicus suits. Corker, bid on medical products for brief. An Amicus brief is a docu- More information on the EPA the year and the response to the ment that advises the court submit- rules can be found at http:// RFPs ranged from 35-38 percent,” Chatttanooga municipal employees enjoy a free onsite fitness center. ted by someone who is not a party to edocket.access.gpo.gov/2010/ said Kelley. “He said, ‘you all need gram. the litigation, but who believes that 2010-13098.htm and http:// to help us fix this,’ so one of the and a half we’ve paid for our start up “It’s much better than a dis- the court's decision may affect its www.newtonindependent.com/ things we did is ask him to give us costs and I don’t know of any other count; it’s a catalogue,” said Green. interest. files/iowa-league-of-cities-v.- the money he would otherwise have city or agency that’s doing all the City staff can earn and redeem Among the issues are the Envi- epa.pdf . expected to bid. We established a activities that we are with a plan for medical mega fund, harnessing all future activities.” points for participating in health the old money that was being spent With Well Advantage, medical and wellness activities and redeem on services into what we have now.” services are provided free of charge the points online for millions of Who is not covered with The result is the city’s Well Ad- at two on-site medical centers and items including merchandise, real- vantage Program, which is consid- patients enjoy the one-stop conve- time travel booking, activities and unemployment insurance? ered nothing short of an anomaly— nience of an on-site pharmacy pro- event tickets. Staying injury free for a road to health that begins and ends viding prescription medicines at re- a year will earn an employee 2,000 BY GAIL COOK, CPA, CGFM must report the gross wages for each at the workplace for 1,500 of duced costs, (generics are $2 for a CHIPs or 1,000 CHIPS can be MTAS Finance Consultant employee; however, they are not re- Chattanooga’s municipal employ- 30-day supply and $5 for 90-days). earned for having your waist mea- quired to submit premium amounts ees and their dependents plus an Financial incentives are awarded in sured or taking a fitness test. Unemployment insurance is a with the report. It is important for additional 480 retirees. the form of points called “What’s important to us is we program that provides up to 26 municipalities to determine who “Not only has the program met CHIPSRewards, which are avail- can change the program around to weeks of benefits to Tennessee should be included on the quarterly our expectations, it’s exceeded able to all active employees regard- meet our needs, which can be tal- workers who have lost their jobs report. That is the focus of the re- them,” Kelley said. “In the first year less of their participation in the pro- See ADVANTAGE on Page 3 through no fault of their own. mainder of this brief. Most employers in Tennessee Who is an employee? Unaccounted for water loss set at 35% participate in this program by paying Your standard answer might be an unemployment premium on the “everyone who receives a payroll Recent changes in state law first $9,000 of an employee’s calen- check from the city.” But for pur- have mandated that all city-owned dar year wages to the Tennessee De- poses of the Tennessee Employment water systems that experience water partment of Labor and Workforce Security Law, that would be incor- loss must measure and account for it. Development (TDLWD). The rate rect. T.C.A. § 50-7-207(c) lists sev- In accordance with TCA 7-82- varies from employer to employer eral types of activities that are con- 702 and 68-221-1009(a), the Utility but is normally not more than 10 sidered “excluded services” under Management Review Board and the percent of employees’ taxable the Tennessee Employment Secu- Water and Wastewater Financing wages. rity Law. Any wages paid to some- Board (WWFB) recently met and set Municipalities have an option to one for those activities would not be an excessive water loss percentage be a “premium paying” employer, reported on the Wage Report (LB- at 35 percent. which mirrors the process followed 0851) or Premium Report (LB- That means that any water sys- by the private sector in Tennessee, or 0456) filed quarterly with the tem reporting a water loss of 35 per- they can choose to be a “reimburs- TDLWD. cent or higher (using the current ing” employer. In the latter case, the The exclusion that affects mu- method) in its annual financial state- municipality would reimburse the nicipalities is found in T.C.A. § 50- ments will be referred to the appro- state for unemployment benefits 7-207(c)(5)(D). It specifically ex- priate board for further action. Cities paid on behalf of former employees cludes elected officials, as well as will most likely be required to de- of the municipality. anyone employed by the municipal- velop a plan, approved by the The method the municipality ity in a position that is designated by WWFB, that would reduce the water uses determines both the amount and law as “a major nontenured policy- loss to an acceptable level. Some valid city functions use water that is not metered (firefighting, timing of any payments to the state. maker or advisory position; or a This determination was made at street cleaning, etc.). Only after considering these valid non-metered In both cases, the municipality must policymaking or advisory position the joint meeting of the Boards held water uses can cities arrive at accurate water loss percentages. accurately report quarterly the em- the performance of the duties of on Oct. 7, 2010. ployees covered and the amount of which ordinarily does not require The Boards also voted to adopt now and Jan. 1, 2013, audited finan- According to Al Majors, MTAS wages paid for that quarter. Pre- more than eight hours per week.” It the American Water Works Associa- cial statements may include both finance consultant, in his technical mium paying municipalities must also excludes an employee working tion (AWWA) water loss methodol- methods, but the current percentage bulletin entitled Requirements for remit an amount quarterly based on on a temporary basis due to a “fire, ogy for any audited financial reports method must be included in state- Non-Metered Water Usage, “Water the taxable covered wages for that storm, snow, earthquake, flood or received by the Comptroller of the ments received by the Comptroller loss in municipal water systems is quarter. Reimbursing municipalities See INSURANCE on Page 5 Treasury after Jan. 1, 2013. Between before Jan. 1, 2013. See WATER on Page 5 2-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 www.TML1.org

BY TML STAFF REPORTS Originality/Innovation, Transfer- 399 to become part of Metro Nash- ability, Quality, Comprehensive- ville. Those results were contested. BROWNSVILLE ness, Public Participation, Role of The lawsuit claimed voter fraud and Tennessee’s first natural gas-fueled Planners and Results. The TAPA irregularities that changed the out- “combined cycle” power plant is awards committee noted that the come of the election after certifica- officially operating. The Lagoon Collierville Small Area Plan was tion. Creek plant, near Brownsville, has a exemplary in meeting the stated cri- system that captures excess heat, teria for this category. The award MEMPHIS which reduces fuel use and, there- was recently presented during the Pinnacle Airlines have entered into fore, polluting emissions. Most 2010 fall conference of the Tennes- negotiations to lease commercial Six years in the making, Johnson City’s Regional Wastewater Treatment standard power plants have copious see Chapter of the American Plan- space for a new corporate headquar- Plant near Gray is now online processing water for an area projected for amounts of waste heat that is re- ning Association in Knoxville. ters downtown. The company’s healthy growth when the economy rebounds. leased into the atmosphere or water- board of directors approved a letter ways. TVA’s new plant uses com- FRANKLIN of intent to enter into negotiations bustion turbines, which are similar City aldermen are hearing the early for approximately 155,000 square to jet engines, to produce electric- details of a plan to install electric car feet of office space in the One Com- ity. Heat comes from the turbines’ recharging stations in Franklin’s merce Square Building. Pinnacle exhaust, but it is captured to heat free public parking garages and in currently employs approximately water and produce steam. The Jim Warren and Aspen Grove parks. 600 people in several buildings in steam is then sent to a turbine that This local installation would be the Nonconnah Office Park near the produces additional power. This partly funded by a U.S. Department Memphis International Airport. type of plant generally is preferred of Energy grant. Franklin Mayor to coal-fired plants by environmen- John Schroer said he expects the city MURFREESBORO talists because it is more efficient to back the effort. General Mills, Inc of Minneapolis, and involves a fossil fuel that, while Minn. decided to invest $100 mil- it produces greenhouse gases, re- JACKSON lion in the expansion of the leases less carbon. Meridian Development Partners, company’s production facility in owners of the American Drive Busi- Murfreesboro. Company officials CHATTANOOGA ness Center in Jackson, has finalized say the plant, which manufactures The Ash Center for Democratic an agreement to develop a one mega- products for General Mills’ Yoplait Governance and Innovation at the watt (MW) solar power system plus brand, will add approximately 80 John F. Kennedy School of Govern- a 47 kilowatt (kW) solar installation jobs. General Mills product brands ment, Harvard University, an- on their site. This is the largest solar are well known to consumers Mayor Karl Dean, far left, along with other state officials take part in a nounced Public Art Chattanooga’s project in the seven-state Tennessee around the world and in addition to ground breaking ceremony in Nashville for a new 6.5-acre Riverfront “On the Fence” series as a winner Valley Authority (TVA) region. The Yoplait, includes Pillsbury, Green Play Park on the east riverbank. When completed, the site will be 10 for the Bright Ideas program. “On clean, emissions-free power from Giant, Cheerios and Betty Crocker. times the size of the existing Riverfront Park. the Fence” is a temporary innova- the 1 MW solar array will go onto the The company has more than 30,000 tive public art installation designed Jackson Energy Authority (JEA) employees worldwide and its prod- to transform an unsightly series of grid where it will be purchased by ucts are marketed to more than 100 Pigeon Forge’s Earlene Teaster chain link fences along Main Street, TVA through their Generation Part- countries on six continents around the primary urban corridor of ners program. The energy produced the world. recipient of 2010 tourism award Chattanooga’s burgeoning from this solar array is enough to Southside. Bright Ideas is designed power more than 120 average-sized NASHVILLE to recognize and share creative gov- homes. It has a carbon offset savings Eight months after 24 feet of muddy ernment initiatives around the equal to 96,853 gallons of gas con- floodwaters from the Cumberland country with interested public sec- sumed. River filled its home, the Nashville tor, nonprofit and academic com- Symphony will return to the munities. Public Art Chattanooga, a JOHNSON CITY Schermerhorn Symphony Center division of the City of Johnson City’s Regional Wastewa- for a New Year’s Eve concert, Sym- Chattanooga’s Parks and Recre- ter Treatment Plant near Gray is now phony President and CEO Alan Val- ation Department, formed a part- online processing water for an area entine made the announcement. In nership with the Lyndhurst Founda- projected for healthy growth when June, the restoration timetable in- tion to launch “On the Fence.” the economy rebounds. Six years in cluded an early 2011 return date. Through an open city-wide compe- the making, the roughly $25 million tition, area artists, individuals or addition and renovation of the plant NASHVILLE teams were invited to submit de- that was first constructed in the mid- Nashville Mayor Karl Dean with signs and to construct installations 1970s now can handle about three other state and local officials kicked to enhance and transform chain link times more water, six million gal- off the first phase of a new $30 fences on the Southside. lons per day, and a peak flow of 15 million, 6.5-acre play park with a million gallons per day, and has been ground breaking ceremony. The COLLIERVILLE consistently exceeding state quality park will sit on the east bank of the The town was selected by the Ten- levels. The regional plant is the Cumberland River between the nessee Chapter of the American city’s third wastewater facility. It Shelby Street Pedestrian Bridge and Planning Association (TAPA) to first went online in 1977. The plant the Gateway Bridge. When com- receive a 2010 Outstanding Plan- is being paid for with city issued pleted, the site will be 10 times the ning Award for the Downtown bonds that went into the water-sewer size of Riverfront Park. The new Leon Downey, executive director of the Pigeon Forge Department of Small Area Plan Project. The award fund. public attraction will feature foun- Tourism; Earlene Teaster, Pigeon Forge city manager; and Bill Hardman, was made in the category for Small tains, spraygrounds, boardwalks, president and CEO of the Southeast Tourism Society. Communities with less than 50,000 LAKEWOOD performance areas, wetlands, new in population. The Collierville Lakewood residents can vote again docking facilities and increased Pigeon Forge City Manager Creation of Winterfest was one Board of Mayor and Aldermen March 15 on whether to remain an bike trails. City leaders hope to open Earlene Teaster is the 2010 recipient of the accomplishments the judges adopted the Small Area Plan in July independent city or to dissolve its the park by next summer. Admis- of the Southeast Tourism Society’s acknowledged. Teaster and others in of 2010. The criteria for the award charter and join Metro government. sion will be free and open to the Shining Example Award for govern- Sevier County spearheaded the included the following categories: In August, Lakewood voted 400- public except during special events. mental tourism leadership. Winterfest movement that created a Teaster, who has been city man- new season for tourism throughout ager since 1980, has helped Pigeon the county. The multi-faceted, four- Forge grow into one of the busiest month-long celebration allows for- tourism destinations in the nation. merly seasonal businesses to operate Almost every business in the com- 12 months a year. BY TML STAFF REPORTS Dean to receive honor Houck Clinton interim munity is tied to tourism, and the “Earlene Teaster’s understand- Nashville manager city’s gross receipts have grown ing of tourism’s potential and lead- ership in coordinating the plan to Opie tapped to head Depart- Mayor Karl Roger Houck has been from $415,000 in 1987 to $772.5 make it happen for her Smoky ment of Education Dean will re- selected to serve as million in 2009. Mountains community has become a Gov. Bredesen has picked Bruce ceive the Clinton’s interim city The Southeast Tourism Society model for other regions around the Opie, a 34-year education vet- “Spirit of manager. Houck, has is a professional association that pro- world. She has been a champion for eran, to head the Tennessee De- Service served as the city’s Parks motes travel and tourism in 12 states. Houck Its annual Shining Example Awards her tourism venues and properties partment of Education replacing Award” on and Recreation director for 20 years. recognizes excellence in marketing, but has always been mindful of the Dr. Tim Webb, who resigned this Oct. 27, dur- Karl Dean promotion and other areas. needs of the visitor,” said Susan month. Opie’s career began in ing the Celebration of Mission to Dillon named Union City “Community-wide tourism suc- Whitaker, commissioner of the Ten- public education as a classroom Service reception. Dean will be hon- manager cess happens for many reasons, and nessee Department of Tourist De- teacher in the Clarksville-Mont- ored for his creation of the Nashville Kathy Dillon has been appointed there often is a governmental official velopment, in her endorsement of gomery County School System. Poverty Reduction Initiative and his city manager of Union City. Work- who is vital to that success. Recog- Teaster’s nomination. He later joined the state Depart- leadership during the May 2010 ing in local government since 1991, nizing that role is the purpose of this Teaster started working for Pi- ment of Education and has served flood. Dillon served as city manager in geon Forge in 1961 as city clerk. She as the department’s executive di- award, and Earlene Teaster’s leader- South Fulton and as city clerk and ship during the amazing evolution of became the first female city manager rector for curriculum and instruc- Killian confirmed as finance director of Union City. She Pigeon Forge obviously impressed in Tennessee in 1980 and was named tion, director for the state’s spe- U.S. Attorney took over as interim city manager in GGRIGGSRIGGS & & MALONEY MALONEYthe Tennessee City Management cial schools, assistant commis- this year’s judges,” said Bill Bill Killian of Jasper 2009 following the retirement of Hardman, president and CEO of the Association’s City Manager of the sioner for legislation and policy long-serving city manager Don was confirmed as U.S. Killian Southeast Tourism Society. Year in 2000. and as deputy commissioner. attorney for East Tennessee. Thornton.

Consulting • Design • Project Management JOEL B. SPAULDING TH&P & COMPANY, INC. Solutions for the Future 2402 WINFORD AVENUE Target Your Advertising NASHVILLE, TENNESSEE 37217 3428 Bristol Highway PHONE (615) 255-7766 Call Debbie Kluth-Yarborough Johnson City, TN 37601 FAX (615) 255-7767

615-255-6416 TYSINGER, HAMPTON & PARTNERS, INC. dkluth@ TML1.org. (423) 282.2687 P (423) 282.1621 F CONSULTING ENGINEERS [email protected] • www.tysinger-engineering.com

Your Professional Employee Benefit Company The Malone Company 124 North Main Avenue • P.O. Box 616 Fayetteville, TN 37334

Office: (931) 433-6907 FAX: (931) 433-9714 Toll Free (888) 752-7126 Email: [email protected] 3-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 www.TML1.org 311 call centers unite citizens, local governments

BY VICTORIA SOUTH quests is frequently hampered by a Communications Coordinator myriad of access numbers citizens Elements of find difficult to navigate and use. Community readiness “Who handles graffiti?” Confused and often frustrated about for 311/CRM systems “There’s a pothole on my street.” which department is responsible for “How do I find city hall?” Chances addressing situations, residents of- According to ICMA, there is are life’s little emergencies ill suited ten resort to calling 911 about non- much more to setting up a 311 for 911 might still be resolved emergency matters, leaving the system than petitioning for des- swiftly and efficiently by the switch emergency system backlogged and ignation from the FCC. To of a digit. 311/CRM call systems are overburdened. 311 was designed to download a free copy of the connecting Tennessee’s citizens help alleviate that congestion. ICMA report Customer Service with local governments like never and 311/CRM Technology in before, setting the stage for unprec- No runaround in Dyersburg Local Governments, visit edented municipal customer service, “All we’re doing is modernizing www.icma.org while deflecting non-emergency government,” said Mark Grant, • The foundation of a 311/CRM calls away from 911 operators — 24/ emergency communications direc- effort should be a stong desire on 7. tor for the city of Dyersburg. Recog- nized as one of the 50 Best Small the part of local government leadership to make customer sat- What is 311? Southern Towns in the U.S. by isfaction a priority; Approved and set aside by the Peachtree Publications, Dyersburg Federal Communications Commis- is a snapshot of small town America; Dyersburg created an integrated 911/311 call center for both emer- • Local governments need to de- sion (FCC) in 1997, 311 is part of a the first in western Tennessee to gency and non-emergency issues saving training and staffing costs. fine the goals and objectives of a set of simple, easy to remember implement a 311 access number to 311/CRM initiative before de- abbreviated dialing arrangements assist its citizens. “If somebody has termining what level of invest- known as N11 codes. The number a pothole or streetlight out or other ment is necessary for the re- allows state and local governments government issue, why not call a quired features; to provide citizens in their jurisdic- central number instead of having to tions access to public services and look through the phone book, • Implementation of a 311/CRM community information. While lo- through hundreds of numbers or be system works best when done in cal governments are not required to transferred hundreds of times?” planned phases; initiate 311 service as with 911, Grant asks. should they decide to do so, they • The 311/CRM system should receive priority from the FCC, which With a substantial savings on be viewed as an enterprise un- requires telecommunications ser- staff and training costs, the city cre- dertaken by the whole local gov- vice providers to ensure 311 activa- ated an integrated 911/311 call cen- ernment organization, not a tion within six months. The accom- ter for both emergency and non- separate department; panying customer relationship man- emergency issues. The knowl- agement systems (CRM) are soft- edgable, customer service oriented • The local government should ware applications that are used to operators handle around 140,000 undergo an extended self-evalu- track interactions with citizens on an calls per year, according to Grant. CRM can produce a wide range of intangible benefits, increasing the ation and re-engineer its pro- ongoing basis allowing local gov- “Our 311 staff actually has more level of trust citizens have in their government, making government cesses toward providing excep- ernments to manage huge amounts expertise than most because they are more accessible and accountable, and the community a more attractive tional customer service to maxi- of data effectively. 911 operators,” he said. “They’re place to work and live. mize 311 effectiveness; According to a national study by familiar with all the municipal ser- an internal quality improvement will happen anytime soon. “One the International City/County Man- vices that are provided, so right out (QI) process that monitors items day, when the young generation re- • An internal quality assurance agement Association (ICMA), the of the box, we were ready to go such as an operator’s inflection and places all us old folks, I can see it,” program should be developed to efforts of local governments to re- needing very little training.” tone, how the call was handled and he said. “It would be easy to do, even measure and monitor contact spond effectively to citizen’s re- The city teamed with QScend Technologies in order to implement if the problem was resolved. “We if you have multiple jurisdictions. center peformance; the QAlert municipal CRM software place a huge emphasis on customer The computer software doesn’t mat- where non-emergency requests are service,” said Grant. ter regardless of how many jurisdic- • Contact center agents need to entered, routed to the appropriate According to ICMA, a CRM tions it covers, if we’re ever able to understand the day-to-day func- Well advantage department and assigned a ticket system should focus on providing get all the local governments to tion of different local govern- number. “You can ship and track a “first-call resolution”—completing agree to consolidate.” ment departments; program model package and know where that pack- a service request or inquiry cor- While applauded by ICMA, re- age is at any hour of the day,” notes rectly on the first contact. (See chart gionalizing 311, is “daunting for • Assigning tracking numbers to for cities Grant. “Now you can do the same above of demands created by a local most city-county partnerships,” service requests should be stan- thing with citizens’ complaints, just government CRM.) writes Ellen Perlman in Governing dard practice in order to allow ADVANTAGE from Page 1 a one-stop shop number as their re- Occasionally, the center re- magazine’s “The Buzz About 311.” citizens to learn what action was lied.” said Green. “We can pick what quest is put into the computer sys- ceives calls outside the jurisdiction. “They have to wrestle with major taken to address their requests activities are rewarded, the activities tem.” QAlert allows responders to “We tell county callers that 311 is technological and turf issues, such and local governments to deter- we really want our employees to do, maintain all documentation about only for the city of Dyersburg, but as integrating and sharing mine where bottlenecks exist in and look at behavioral changes in the request in one place along with we do transfer them to the right data...other questions that, minor service delivery; and those reports.” the steps taken to resolve the issue agency to help them,” said Grant. though they may seem, can rankle.” Employees also enjoy a free fit- including updates. An internet com- With three 911 centers in Dyer For now, Dyersburg hopes more • The 311/CRM system should ness center, massage therapy and ponent allows customers the conve- County, serving a population of citizens will learn the value of the be integrated into local govern- classes for weight management, nu- nience of tracking the progress of about 40,000, regionalization of the city’s 311 services. “It’s a lot more ment emergency management trition and smoking cessation. their work ticket online or to initiate 311 system across county lines is than just calling for information or to plans. th There’s an annual physical along a complaint. already Phase III of the city’s work see what time the 4 of July fire- with an initial HRA, a 70-panel All calls are evaluated through plan, but Grant doesn’t anticipate it works display is,”said Grant. blood screening, to help identify health issues that could cause health problems for the employee in the future. Health records are confiden- tial and inaccessible to HR. “We do not have access to any employee medical information,” confirms Kelley. “But we have so many em- ployees that want to describe how they were saved through early can- cer screening.” “We really are excited about carving out an innovative path be- yond where we are now with the Well Advantage Program that would actually allow employees to have an employer-sponsored medi- cal home,” adds Green. “As we get more into the components of medi- cal reform, our employees will have access to employer sponsored medi- cal services such as physical therapy and an on-the- job injury program.”

Engineering | Surveying Knoxville Tri-Cities P.O. Box 2968 (865) 546-5800 (423) 467-8401 Murfreesboro, TN 37133-2968 www.VaughnMelton.com (615) 895-8221 www.griggsandmaloney.com Your Project... Our Promise

Tom Spencer Territory Manager

570 Beechgrove Way Burns, TN 37029 USA

T (615) 973-0367 [email protected] www.sensus.com www.TML1.org 4-TENNESSEE TOWN & CITY/OCTOBER 25, 2010

BY TML STAFF REPORTS from any cell phone or land line phone. TDOT also has a Tennessee State’s libraries share $1.5 million 511 website at www.tn511.com federal and state training grants where travelers may access this in- Dozens of rural libraries across Ten- formation before leaving home. nessee will share in nearly $1.5 mil- lion in combined federal and state TDOT seeks bicyclists feedback grants to provide computers, educa- Bicyclists are being asked by the tion courses and job skill training. state transportation department to The grants are targeted to help Ten- rate their experiences pedaling on nesseans improve computer-related Tennessee highways. The informa- skills so they will be more competi- tion will help in developing a bicy- tive as they seek jobs. The project is cling network, evaluating state the culmination of more than a routes for their suitability for bicy- year’s effort by the Department of cling and determining how to fulfill State and Economic & Community the state’s bicycle and pedestrian Development. The joint effort was plan, according to the Tennessee successfully leveraged to secure ad- Department of Transportation. Re- ditional funding from the U.S. De- sponses to the survey are needed by partment of Agriculture Rural De- Oct. 30. It’s available on TDOT’s Additional funding has been secured from the U.S. Department of Agriculture Rural Development to help velopment. Of the nearly $1.5 mil- website at www.tn.gov/tdot. The Tennesseans improve computer-related skills in order to compete in the job market. Dozens of rural libraries lion, ECD will provide $1,030,000 League of American Cyclists has across Tennessee will share in nearly $1.5 million in combined federal and state grants to provide computers, and the Secretary of State will pro- bumped Tennessee up 19 positions education courses and job skill training. vide up to $70,000. The remaining in its annual ranking of Bicycle $356,577 will come from USDA Friendly States — from 43rd to 24th reading ever in the city. The state is Rural Development. The funds will place. Knoxville and Chattanooga dry from the delta to the mountains Downtown Revitalization Program be used to provide computers, pe- are each ranked as a Bicycle and the state Forestry Division is offers communities grant funds ripheral equipment, high-speed Friendly Community. urging caution with debris burning Internet routers and instructors to and campfires. A requirement for conduct training classes. Tennessee receives teens/women burn permits began statewide. Fore- Applications are now being ac- pregnancy and parenting grant casters predict an “El Nino” winter, cepted for Tennessee Downtowns, a Solar institute commits $9 million Tennessee has received a three-year with above-normal precipitation competitive community improve- grants for Tennessee businesses $4.2 million grant from the U.S. De- and temperatures. ment program for cities and counties The Tennessee Solar Institute has partment of Health and Human Ser- seeking to revitalize traditional committed more than $9 million in vices (HHS) to support pregnant and Tennessee Arts Commission pub- commercial districts. solar installation grants to Tennes- parenting teens and women. The lishes book on historic arts facili- The program is open to commu- see businesses. The grants will go, money will be used to implement the ties nities with downtown commercial on a reimbursement basis, to Pregnancy and Parenting Success The Tennessee Arts Commission districts established at least 50 years projects varying in size from about 4 Program in Shelby County, which has announced the publication of ago and whose citizens are ready to kilowatts to nearly 1 megawatt. leads the state in births to teen moth- Historic Tennessee Stages, a soft organize efforts for downtown revi- When completed, the installations ers. Gov. Bredesen said lessons cover book documenting talization based on the successful organize a community-driven, vol- will produce more than 5.8 mega- learned in West Tennessee can be Tennessee’s existing historic per- program “Main Street Four-Point unteer-based downtown revitaliza- watts of power across the state, applied in other parts of the state. forming arts facilities. The recently- Approach to Downtown Revitaliza- tion program in their areas and how enough to power the equivalent of The funded project Pregnancy and published book is the result of a tiont.” to apply the Main Street principles 600 to 700 homes. The funding is Parenting Success will work to im- multi-year project addressing the Applications are available for comprehensive, sustainable part of $62.5 million in federal prove birth and early childhood out- commission’s work in cultural tour- online at www.tennesseemain downtown development in their stimulus funds the state is using for comes by expanding, enhancing and ism, and preserving the state’s cul- street.org and must be completed own hometowns. a variety of solar-related initiatives. coordinating programs that promote tural heritage. The architectural and by Monday, Nov. 8. “The inaugural year of the Ten- The grants were given on a first- health, education and social services cultural survey started three years “Having a thriving downtown nessee Downtowns program has come, first-served basis based on the for pregnant and parenting teens and ago. Originally conceived as a benefits and promotes economic de- been an incredible success,” said size of the project up to 200 kilo- women. project to document historic perfor- velopment efforts for a community Rick Meredith, assistant commis- watts. The awards pay a 40 percent mance venues in Tennessee of some and lays the groundwork for a grow- sioner for Community Development reimbursement of up to $75,000. A State’s Rural Opportunity Fund age, cultural and architectural im- ing local economy,” said ECD Com- at ECD. “We’re hoping to build on variety of businesses, ranging from receives “Excellence” award portance, the original search yielded missioner Matt Kisber. “The Ten- that momentum, with this program dairies and restaurants to office The three-year-old Tennessee Rural buildings of note built before 1975. nessee Downtowns program is the being a vital resource and a basis of buildings and marinas, received Opportunity Fund, a private partner- Ultimately this was expanded to in- first step toward reviving a support for a community’s down- awards. ship between Tennessee, 23 banks clude newer venues from across our community’s central business dis- town revitalization efforts.” and Pathway Lending, a lending state. A total of 47 historic venues trict in a comprehensive, sustainable Communities participating in More than three million people fund primarily for minority women are featured in the book. The com- way.” the Tennessee Downtowns program turn to Tennessee 511 and minority-owned businesses, has mission believes the book should Tennessee Downtowns is a may wish to continue a self-initiated Since the program launch in August received an “Excellence in Eco- always be viewed as a work in tiered program affiliated with the downtown revitalization effort at the 2006, more than three million nomic Development Award” from progress, as some sites inevitably Tennessee Department of Economic end of the program or apply for cer- people have turned to Tennessee the International Economic Devel- close while others are revitalized and Community Development’s tification in the Tennessee Main 511 for travel information. On Oct. opment Council. The fund has made and reopened, and new facilities are Tennessee Main Street Program. Street Program through the competi- 9, the 3,000,000th caller dialed 511 more than $9 million in loans to built. Copies will be sent to each Communities selected to participate tive application process. Successful for information about Tennessee’s businesses in rural communities venue included in the book, as well in Tennessee Downtowns will form completion of the Tennessee Down- roadways and weather. Drivers in throughout Tennessee, and is cred- as public libraries across the state. a volunteer committee of local citi- towns program does not automati- Tennessee have been using Tennes- ited with helping create 200 jobs and zens who will participate in a multi- cally result in qualification for the see 511 in increasing numbers since retaining about 400 jobs. Civil War license plates available month training curriculum sup- Main Street program. TDOT debuted the system in 2006. A new license plate commemorating ported by the National Main Street Main Street revitalization is a In addition to real-time traffic infor- Dry conditions spur burn permits the 150th anniversary of the Civil Center. The curriculum is designed comprehensive, incremental, self- mation on Tennessee’s interstate Dry conditions across Tennessee are War is now available. The Tennes- to teach citizens about comprehen- help economic strategy that also fo- and state highways, weather condi- the cumulative result of scant rain- see Civil War Preservation Associa- sive, sustainable downtown revital- cuses on developing public-private tions, Amber Alerts, TDOT’s fall that goes back into the late sum- tion, a nonprofit organization, is ization and historic preservation. partnerships to enhance community Record-A-Comment phone line and mer months. Now, unusually warm sponsoring the plate. A portion of The training includes attendance at a livability and job creation, while the 511 systems in neighboring weather has come as well and relief, the proceeds will support the Ten- two-day downtown revitalization maintaining the historic character of states, such as Georgia, Kentucky, at least that which rainfall would nessee Civil War Trails program and workshop and a grant to complete the district. For information about Virginia and North Carolina. In provide, doesn’t seem likely soon. preserve the state’s Civil War battle- individualized downtown develop- the Main Street Program and the March, TDOT launched a new en- The National Weather Service in fields. The annual fee is $35 for the ment projects. Main Street Four Point Approach, hanced 511 service which now also Morristown reports Chattanooga special plate and $70 for a personal- The first class of Tennessee visit http://www.preservation provides information on rest areas, hasn’t had a trace of rainfall this ized version. The plates must be or- Downtowns communities is cur- nation.org/main-street/about-main- public transportation, airports and month. In Nashville, a recent high of dered by June 30. For more informa- rently midway through the program. street/. tourism. Motorists may dial 511 90 degrees was the latest 90-degree tion, visit www.tcwpa.org. Participants are learning how to Tennessee’s Main Street pro- gram provides communities with technical assistance and guidance in developing long-term strategies that promote economic growth and de- velopment. The program provides Disaster Relief Program information and assistance in forg- ing public networking and training opportunities for downtown com- Municipal Administration Program mercial districts. Capital Outlay Notes for: For more information about May Schedule Tennessee Downtowns, visit • Infrastructure Repairs www.tennesseemainstreet.org.

• Equipment Replacements TENNESSEE MUNICIPAL LEAGUE STAFF Margaret Mahery, Executive Director Chad Jenkins, Deputy Director Mark Barrett, Legislative Research Analyst • Building / School Repairs Carole Graves, Communications Director & Editor, Tennessee Town & City John Holloway, Government Relations Debbie Kluth-Yarbrough, Director of Marketing / Member Services Kevin Krushenski, Legislative Research Analyst Terms: Up to 7 years Mona Lawrence, Administrative Assistant Denise Paige, Government Relations Ammortization: Up to 12 years Victoria South, Communications Coordinator Fixed Rate Sylvia Trice, Director of Conference Planning TENNESSEE TOWN & CITY (ISSN. No. 0040-3415) Publication No. 539420 Affordable Rate — Official publication of the Tennessee Mu- nicipal League. Publisher: Margaret Mahery Standard Documentation (mmahery@ TML1.org); Editor: Carole Graves ([email protected]; Phone: 615-255- 6416. Advertising: Publisher reserves the right to reject any advertising deemed unacceptable. Fax classified ads to TT&C: Attention Mona Subject to credit approval Lawrence at 615-255-4752, or e-mail * mlawrence@TML1. org. Fax advertising copy to TT&C: Attention For more information call: 615-255-1561 Debbie Kluth-Yarbrough at 615-255-4752, or e-mail to dkluth@ TML1.org. Opinions ex- pressed by 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, Nashville, TN 37219-1894. Periodicals post- age paid at Nashville, TN. Subscription rates: $6 per year to members, $15 to nonmembers, $1 a copy. Postmaster: Send changes of address to Tennessee Town & City, 226 Capitol Blvd., Suite 710, Nashville, TN 37219-1894. 5-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 www.TML1.org Which employees are covered by Tennessee's bold leap in care for the aged, disabled BY CHRISTINE VESTAL Bredesen knows all this inside unemployment Stateline Staff Writer and out — he was once in the health insurance? insurance business himself — and After lagging behind the rest of he had no illusions about the diffi- INSURANCE from Page 1 the country for years, Tennessee is culties of reforming the system. Be- similar emergency.” catching up fast when it comes to fore he tackled long-term care, Following are some individuals changes in its health care system though, he first had to stanch the who under normal circumstances aimed at elderly and disabled resi- state’s hemorrhaging Medicaid pro- would not be considered employees dents. More of them are getting the gram, TennCare — a move that of the municipality under the Ten- assistance they need in their homes made him a pariah in some parts of nessee Employment Security Law: — at a much lower cost than at a Tennessee and even brought him • Any elected official (e.g., mayor, nursing home. A lot of this change is death threats as nearly 200,000 council members, judge, re- the direct result of efforts by Gov. people were cut from the rolls in corder, etc.); Phil Bredesen. 2005. But he accomplished that. • Board members (e.g., beer board, Nearing the end of his eight Next, he needed an ally in the planning and zoning board, util- years in office (he is required to Legislature to make wide-ranging ity board, etc.); leave due to term limits this year), statutory changes in the way Medic- • Election workers; and Bredesen decided to focus on get- aid finances long-term care. Demo- • Temporary personnel employed ting Tennessee off the bottom rung cratic Sen. Lowe Finney became the due to an emergency situation in rankings of states that offer con- champion Bredesen was looking for. (e.g., police officers, EMTs, sumers choices in long-term care. Together they criss-crossed the state paramedics, firemen, etc.). Just a few years earlier, only a few in 2007, talking to the elderly and You can correct any overstate- hundred Tennesseans were able to disabled and their advocates. They ment of reported wages by filing a get Medicaid funding for anything negotiated with the state’s powerful Tennessee is now one of a handful of bellwether states that offer a Claim for Adjustment or Refund but a nursing home. Now, it is one of nursing home industry to ensure broad range of alternatives to nursing home care. form (LB-0459). This form is avail- a handful of bellwether states that major private players would support able at http://www.state.tn.us/labor- offer a broad range of alternatives to the plan. For the managed care organiza- wfd/Employers/forms/LB- nursing home care. But the state’s painful history of tions, the financing structure is 0459.pdf or from your local Tennes- “It’s a good thing to do and it runaway costs that resulted from its straightforward. The state gives see Employment Security Employer probably can save some costs, but bold Medicaid expansions in the them a flat monthly fee for each Accounts Office. If the municipality more importantly it really is an easy mid-1990s and its worsening current eligible long-term care recipient — is a “premium paying” employer, a way to keep an awful lot of people in fiscal condition meant Bredesen had whether in a nursing facility or liv- credit for premiums paid will be is- their homes, which is what I would to radically change long-term care ing at home. Some patients will cost sued by TDLWD. want. I know it’s what my mother financing without adding to the state more and others will cost less. It’s Since a “reimbursing” employer wants,” Bredesen said in an inter- deficit. the company’s job to ensure that the reimburses TDLWD for their pro- view with Stateline. Betting on managed care average cost for all enrollees does portionate share of benefits paid to a Like every other state, Tennes- In 2008, the Legislature unani- not exceed a specified level. claimant, they will receive a credit see is bracing for an avalanche in mously approved a bill that would The risks of change only after TDLWD has received a demand for long-term care as the make Tennessee one of just a few There are many success stories. repayment of benefits from the biggest generation in American his- states to contract out its long-term A 56-year-old Nashville resident claimant. Either credit can be ap- tory — 77 million so-called Baby care program to managed health care named Larry is a good example. He plied against future premiums and Boomers born between 1946 and organizations. The federal govern- suffered a stroke two years ago and reimbursements, or a refund may be 1964 — begins to hit retirement age ment took a full year to approve it. had an amputation. Because his wife Sen. Lowe Finney requested. All refund requests must next year. Like laws in Arizona and New could not care for him at home, he be made within three years of the Occupying more than 30 per- Mexico, Tennessee’s new law reluctantly entered a nursing facil- payment. For more information, cent of states' Medicaid bills, which counts on private companies to en- ity. When the new program began contact your MTAS management or in turn occupy more than 20 percent sure that a broad array of services — providing training and support ser- finance consultant. of overall state budgets, long-term from so-called personal services vices for his wife, Larry was able to care costs are growing faster than such as meal preparation, bathing go home and spend time with his any other state expense. and dressing to home improve- children and grandchildren. For more informations about WWFB sets That’s partly because Ameri- ments, including wheel chair ramps Critics have argued that the Tennessee’s plan, visit: cans are living longer. By 2020, the and even pest control — are pro- managed care companies’ financial www.tn.gov/tenncare/CHOICES water loss number of people aged 85 years and vided without additional cost. incentives to keep people out of older — those most likely to need Two months ago, TennCare nursing homes could result in unsafe Oregon and Washington State now at 35% long-term care — will increase by CHOICES, opened its doors state- home care for people who really spend more than half of their long- more than 40 percent, according to wide with the goal of helping 11,000 need round-the-clock nursing. But term care dollars on alternatives to WATER from Page 1 U.S. Census Bureau estimates. Even people remain at home or return to others say the companies have just nursing facilities. Colorado, Idaho, not new and is in fact a common without those demographic pres- their homes in the first year — all for as much incentive to avoid danger- North Carolina, Texas and Vermont problem faced by most Tennessee sures, states’ long-term care costs the same amount the state paid in ous situations that could lead to ex- are moving in the same direction. cities that operate a water utility. are daunting. The elderly and dis- 2009. “The change is like night and pensive emergency care. But Tennessee and 23 other states Cities, as a general rule, purchase or abled represent about 25 percent of day,” says Wilo Clarke, a case- The AARP, which advocates for have made less progress, spending treat more water than they sell to the total Medicaid population, but worker for a managed care company the elderly, says that three people less than one-quarter of their long- customers through metered billing. they account for more than 65 per- in central Tennessee where the pro- can receive long-term care services term care budget on non-institu- The difference between the pur- cent of the spending, according to gram started as a pilot earlier this in the community for the cost of tional care. chased/treated amount and the the most recent federal data avail- year. “More and more, people in the serving just one person in a nursing The new federal health care law, amount billed to customers is water able. nursing facilities are hearing about facility. Still, the big fear in offering the Patient Protection and Afford- loss or more accurately described as It is well known that the vast this program. They want to do what- more home-based services is that able Care Act, has a chance of non-metered water usage. Some majority of people with long-term ever it takes to go home.” people who never would consider changing that. It includes financial valid city functions use water that is care needs want to remain in their Under the plan, low-income entering a nursing home “will come incentives for states to spend at least not metered (street cleaning, fire homes. And research shows that the frail elders and adults with disabili- out of the woodwork” and apply for 50 percent of their long-term care fighting, etc.). It is only after consid- cost of providing care in the commu- ties who are medically eligible for Medicaid. Surveys have shown that dollars on non-institutional services ering these valid non-metered water nity can be as little as one-third the nursing home care may opt to re- for each patient in a nursing facility, and offers a grant for every person uses that a city can arrive at the amount of a comparable nursing ceive the services they need in their two more with the same level of who leaves a nursing home to re- accurate water loss.” home stay. homes, as long as the total cost is disability are making do at home. ceive services in the community. For more information on water But the road to reforming state equal to or lower than the cost of a Bredesen acknowledges the Still, experts say the federal dollars usage requirements, please refer to Medicaid plans is long and arduous. nursing home stay. state’s new program will result in may not be enough to persuade some MTAS’ Hot Topic online at That’s in large part because Medic- It’s too early to tell whether Medicaid serving more people. But states to make the changes. www.mtas.tennessee.edu aid — which pays nearly 50 percent CHOICES will accomplish its goals. he says it’s a good thing, as long as In Tennessee, both supporters All correspondence relating to of all nursing home bills in the coun- But so far, more than 40 percent of overall costs do not climb. and critics of the CHOICES pro- the Water and Wastewater Financ- try and 45 percent of all long-term some 3,300 new enrollees are opting Although the social and fiscal gram say only time will tell whether ing Board should be directed to Ms. care — is biased in favor of institu- either to move out of a nursing home benefits of public funding for home- the managed care organizations will Joyce Welborn, Office of the Comp- tional care. When seniors qualify or avoid going to one in the first and community-based services are be able to keep a lid on costs. troller of the Treasury, Office of financially and are deemed to need place. In addition to allowing Med- clear, states have been slow to take Bredesen says his greatest worry is State and Local Finance, Suite 1600, care, Medicaid funding for a nursing icaid to pay for alternative services, the steps required to bring about keeping “fly-by-night” operators 505 Deaderick Street, Nashville TN home bed is guaranteed. For those Tennessee’s CHOICES makes it change. In the mid-1990s, a few out of the system. “A lot of people 37243-1402. Ms. Welborn can be who want to remain at home, fund- easier for people to sign up for the states began recognizing the value can play. You don't have to be a contacted at (615) 401-7864, or e- ing is often only a possibility and a program by providing a single point of serving more long-term care pa- doctor or build a hospital.” But for mail at [email protected] national shortage of home health of entry — a caseworker with a local tients in their homes. Alaska, Cali- those directly affected, Tennessee’s providers can mean long delays. managed care organization. fornia, Minnesota, New Mexico, experiment is already offering hope.

Good Risk Management is just Good Management

Cities and municipal agencies have joined together to create in the TML Pool what has grown to be the largest municipal insurer in Tennessee. The extent of the coverage provided for municipal expo- sures is staggering.

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

5100 Maryland Way • Brentwood, TN • 800-624-9698 Your Partner in Risk Management since 1979 www.TML1.org 6-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 Pilot cities celebrate “Walk Local parks, recreation grants announced With Me Tennessee” status More than $3.5 million in Local Parks and Recreation Fund Prior to making the grants have be awarded to recipi- program available to ents across Tennessee. communities across the “These grants will enhance state of Tennessee, and expand outstanding recre- seven pilot communities ational projects like parks, com- were chosen to serve as munity centers, ballfields and part of initial research for playgrounds,” said Gov. Phil the new “Walk with Me Bredesen.”I’m pleased we are in a Tennessee” initiative position to grant these 50 awards sponsored by the Depart- and thank the Tennessee General ment of Environment and Assembly for helping make this Conservation. The pro- effort possible.” gram addresses recre- The Local Parks and Recre- ational efforts for cities ation Fund grant program was es- and counties that focus on tablished by the General Assem- planning, health and fit- bly in 1991 to provide local gov- ness opportunities, infra- Selected as a pilot city for the new “Walk With ernments with funds to purchase structure, connecting Me Tennessee,” initiative, Clarksville accepts land for parks, natural areas, community areas and a commemorative plaque. Left to right are: greenways and recreational fa- safety. Designed as an as- Jeni Brinkman, TDEC, RES assistant direc- cilities. The funds also may be Park. Construct an ADA-compliant Manchester - $135,000 sessment tool, Walk with tor; Tonya Vaden, deputy director of Clarksville used for development of trails and Me Tennessee ranks Parks and Recreation; Mark Tummons, di- restroom facility at Market Park in- • Boyer/May Property - Construct projects in parks, natural areas cluding ramps, parking, paving, eight-foot-wide greenway from community “walkability” rector of Clarksville Parks and Recreation; and greenways. All LPRF grants and provides pertinent and Gerald Parish, RES director. flatwork and fencing. Waite Street Bridge along the Little require a 50 percent match by the Centerville - $10,000 Duck River through the newly ac- planning information to help com- recipient. The Governor pro- • C.A. Thompson Memorial Park - quired Boyer/May property. munities increase their pedestrian Austin Fesmire, director of Athens posed, and the General Assem- Remove and replace some of the Martin - $100,000 friendliness. The pilot cities in- Parks and Recreation. “I encourage bly, approved re-establishing the existing playground equipment. • Martin Festival Park – Develop a clude: Athens,Clarksville, Cleve- our citizens to celebrate this accom- LPRF grant program in this year’s Clarksville - $145,000 mini-park, construct an ADA-acces- land, Collegedale, Jackson, plishment by taking a walk in Athens budget using a portion of the Real • New Development - 10-acre prop- sible spray fountain and gazebo, and Manchester and Sevierville. to take advantage of what everyone in Estate Transfer Tax. erty to be donated to city for a park. install pedestrian lighting and park “The department’s Recre- the state now knows – that we are a “This round of awards will Specific amenities to include site benches. ation Educational Services Divi- great “Walk with Me Tennessee” fund exciting projects across the preparations, enhance road/loop, Millersville - $60,000 sion is striving to increase aware- community.” state. From land acquisitions for parking areas, signage, picnic areas, • Millersville Municipal Park and ness of alternate transportation “The city of Collegedale is proud new municipal parks, to renovat- restrooms and trail development. Playground - Playground facilities. and lower the obesity percentage to offer a generous greenway system ing and improving existing facili- Cleveland - $110,000 Monteagle - $20,000 of our citizens,” said TDEC Com- to assist its citizens in improving their ties, LPRF grants help expand • Kenneth Tinsley Recreation Cen- • City Ball Park - Add new play- missioner Jim Fyke. “Presently, quality of life,” added Rodney recreational opportunities for ter – Renovate existing playground ground equipment, fencing, bleach- Tennessee is ranked second in the Keeton, director of Collegedale Pub- Tennessee citizens,” said Envi- and restrooms to meet ADA stan- ers, lighting and a new soccer/prac- nation for obesity and the national lic Works, Utilities and Parks. ronment and Conservation Com- dards and replace playground equip- tice field. obesity rate of children is increas- “We’ve had some great success sto- missioner Jim Fyke. ment. Mt. Juliet - $25,000 ing to a hazardous level. Combine ries of weight loss and people choos- Grant recipients were se- Collegedale - $48,000 • Charlie Daniels Park - Replace- the obesity statistics, cost of fuel ing to have a healthier lifestyle due to lected through a scoring process • Wolftever Creek Greenway - Build ment of Planet Playground equip- and the environmental impacts of our greenway system. We are thrilled with careful consideration given a playground, pavilion and ment, resurface walkway and place vehicle emissions – having a com- to be a part of the Walk with Me to the projects that met the selec- restroom. utilities underground. munity with alternate transporta- Tennessee community.” tion criteria and expressed the Dyersburg - $100,000 Murfreesboro $150,000 tion options is invaluable to all For more information about the greatest local recreation need. To • Bruce Center, Dyersburg Activity • Old Fort Park - Renovate the Kids Tennesseans’ quality of life.” Walk with Me Tennessee program or learn more about the LPRF grant Center, Okeena Park and Kiwanis Castle playground, small shelter and “The city of Athens is ex- to complete the Inventory and Assess- program and other recreation or Park - Replace gym floor, install additional picnic areas. tremely honored to be one of the ment application, please visit the Web conservation-based grant pro- swim platforms, install shade shel- Newport - $73,000 seven Walk with Me Tennessee site at www.tn.gov/environment/rec- grams available in the future, ters at playground and wading pool, • Newport City Park - Install a rubber pilot communities. This is an reation. Assessment applications please visit www.tn.gov/environ- and install picnic shelter and play- liner in the existing swimming pool, award that recognizes the commit- also can be sent to the department’s ment/recreation/grants.shtml. ground equipment. repair and resurface existing tennis ment that Parks, Public Works, the Recreation Educational Services for Below is a list of the municipal Fairview - $72,500 courts and basketball court, and re- city council and citizens have scoring at 401 Church Street, L&C grants awarded. • Bowie Nature Park - Construct place all fencing around the up- made to improve the quality of life Tower - 10th Floor, Nashville, TN Athens - $150,000 paved trail, and boardwalk and con- graded courts. in Athens by making walking trails 37219 or e-mail to TDEC.RES@tn. • Market Park and Knight Park – crete trails. Norris - $18,500 and sidewalks a priority,” said gov. Construct steel gazebo at Knight Franklin - $65,000 • Ridgeway Commons- Purchase • Jim Warren Park and Liberty Park and install playground equipment. - Refurbish existing tennis courts, Obion - $17,000 Register now for NLC Congress of Cities add ADA safety surface to play- • Obion Indian Park - Develop play- ground, and provide shade protec- ground area There is still time to tion. • Paris - $44,000 register for the upcom- Gatlinburg - $25,000 McNeill Park - Construct a ing Congress of Cities & • Herbert Holt Park - Replace exist- restroom/concession building. Exposition in Denver. ing 15-year-old playground equip- Pittman Center - $25,000 The Congress of ment with updated ADA-compliant • Pittman Center City Hall Park - Cities & Exposition gets equipment. Develop a playground area, includ- underway on Nov. 30, Germantown - $150,000 ing equipment, new walkway, play- beginning with Leader- • Dogwood Park - New "River ground surfacing and signage. ship Training Institute Delta" play structure, picnic furnish- Portland - $45,000 seminars and NLC lead- ings, native plant landscaping, • Richland Park – ADA-compliant ership and policy meet- signage and nature/environmental restroom. ings. General sessions educational stations. Pulaski $154,000 and workshops take Huntingdon - $190,000 • Richland Park - Replace ball field place Dec. 2 - 4. • Carroll County Lake - Construct a lights, fencing, concession stand/ Conference work- playground facility, beaches, pavil- restrooms, bleachers and improve shops will cover various ion, restroom and concessions fa- drainage. aspects of economic de- cilities located at the Carroll County Rutherford - $14,000 velopment, finance and Lake Visitor's Center. • Jones Volunteer Park and Ruther- tax policy, democratic Henderson - $100,000 ford City Pool - Install new play- governance and civic en- • Gene Record Memorial Park – ground structure and convert the gagement, creating Improve drainage and parking con- chlorine filtration system to a salt- thriving communities, ditions and provide ADA accessible water filtration system; install sprin- parking. kler system and improve bathrooms. infrastructure, public safety and ing a number of successful regional National Municipal Policy during Hornbeak - $17,000 Sardis - $20,000 sustainability. collaborations. the Annual Business Meeting at • Hornbeak City Park - Install a play • Sardis City Park - Replacement of Mobile workshops will show NLC also elects its leadership for the conference. structure unit, bench and border by existing playground equipment; and the best of the Denver area, includ- the upcoming year and finalizes its The conference is capped off by a closing event hosted by the railroad ties and wood chips. resurfacing / replacing fence at ex- city of Denver on Saturday from 6 Jonesborough - $145,000 isting basketball and tennis courts. STATEMENT OF OWNERSHIP, MANAGEMENT & CIRCULATION p.m. to 9:30 p.m. The city is creat- • Persimmon Ridge Park - Develop- Shelbyville $10,000 1. Publication Title: Tennessee Town & City ment of a walkway trail from Per- • Purdy Court Park - Construct 2. Publication Number: 5394-20 ing a winter wonderland at the Hyatt Regency Denver where at- simmon Ridge Park to a large resi- ADA-accessible playground. 3. Filing Date: September 30, 10 dential area north of US-11E; and Selmer $26,000 4. Issue Frequency: Twice per month with the exception of June tendees can enjoy winter sports, great music and delicious treats in construction of a pavilion and play- • Selmer City Park - Replace play 5. Number of Issues Published Annually: 23 ground area. Improvements to exist- areas with wood fiber mulch and 6. Annual Subscription Price: $6 member, $15 non-member the comfort of a heated ballroom. If you haven’t registered by ing athletic facilities. plastic borders; make play areas 7. Office of Publication: Tennessee Municipal League, 226 Capitol Blvd. Kingsport - $131,000 Ste. 710, Nashville, TN 37219 the time you step on site at the ADA compliant and replace play- • Lynn View - Installation of lighting 8. Headquarters of Publisher: Same Colorado Convention Center, ground equipment. 9. Publisher: Margaret Mahery, Tennessee Municipal League; you’ll need to pay an additional system for the athletic field at Lynn Sevierville $70,000 Editor Carole Graves; 226 Capitol Blvd, Ste 710, Nashville, TN 37219-1894 processing fee. But, if you regis- View Community Center. • City Park – Resurface existing ten- 10. Owner: Tennessee Municipal League, 226 Capitol Blvd., Ste. 710, ter online, by fax or e-mail for the Kingston - $68,000 nis courts, replace fencing, rehabili- Nashville, TN 37219-1894 conference, you will save your • Kingston City Park / South West tate basketball courts and pave pe- 11. Bondholder: None city the $100 processing fee. Point Park - Replace playground destrian areas. 12. Tax Status: Has Not Changed During Preceding 12 Months At the conference, you will: equipment, construct new play area Signal Mountain $82,500 14. Issue Date for Circulation Data Below: September 21, 2009 • Hear the inside story on what and walk to make restroom area • Municipal Swimming Pool – Reha- 15. Extent and Nature of Circulation: Ave. Copies Actual Copies municipalities are doing to ADA accessible. bilitate main pool and deck; reno- Last 12 Mos. Last Issue solve America’s economic LaFollette $12,000 vate wading pool and restroom. 15a. Total Copies 6596 6589 and civic challenges; • Liberty Park – Install pool, add Spring Hill $100,000 15b-1. Paid/Requested Outside County Subs 5455 5448 • Be part of an exclusive na- splash park features, and purchase • Spring Hill Skate Park - Develop a 15b-2. Paid In-County Subscriptions 336 336 tional forum focusing on the and install playground equipment. skate park on Walnut Street. 15b-3. Sales Through Dealers & Carriers None None needs of cities, towns and vil- Lake City - $28,000 Sunbright - $60,000 15b-4. Other Classes Mailed Through the USPS None None lages from the perspective of • George Templin Park - Construct a • Sunbright City Park - Purchase and 15c. Total Paid and/or Requested Circulation 5791 5784 new playground. install ADA-accessible playground 15d. Free Distribution by Mail (Samples, compliment) local elected leaders and mu- nicipal staff; Lakeland - $94,000 equipment and ADA-accessible 1. Outside-County 253 253 • International Harvester Clubhouse bathroom near playground. Play 2. In-County 18 18 • Share ideas and insights with other committed local lead- - Renovate restrooms to ADA stan- equipment will include a play sta- 3. Other Classes Mailed Through the USPS 0 0 dards, remove bar area and build tion and a ADA-swing set. 4. Free Distribution Outside the Mail 500 500 ers; and • Discover cost-saving pro- classroom, refurbish kitchen, con- Trenton - $26,000 15e. Total Free Distribution 771 771 nect a gas line to the clubhouse and 15f. Total Distribution 6562 6555 grams, products and services. • Trenton Downtown Pedestrian add a deck to the south end of the 15g. Copies not Distributed 34 34 Register now at https:// Park - Purchase property to create a 15h. Total 6596 6589 reg.jspargo.com/coc10/ building. permanent park within Trenton's 15i. Percent Paid and/or Requested Circulation 88% 88% default.asp for the 2010 Congress Lebanon - $40,000 downtown. Renovate and further 16. Publication of Statement of Ownership of Cities & Exposition. Learn • Don Fox Community Park - Clean, develop the park with an urban feel Will be Printed in the October 25, 2010, Issue of this Publication more about the conference at recoat and repair playground equip- to include a pedestrian plaza and 17. Signature & Title of Publisher: Margaret Mahery, Executive Director www.nlccongressofcities.org. ment. performance area. 7-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 www.TML1.org

Tennessee Municipal League 2010-2011 Officers and Directors Poisoned Tea: Anti-Tax fervor PRESIDENT Dale Kelley Mayor, Huntingdon VICE PRESIDENTS undermines the common interest Kay Senter Councilmember, Morristown BY NEAL PEIRCE no commitment to civil society, no What’s more, smart government in- Ken Wilbur mutuality of interests and no shared vestment builds wealth, collectively Mayor, Portland Allen Barker Where will anti-government responsibility.” Clearly, there’s and for families. President Lincoln, Mayor, Humboldt sentiment — call it “libertarian,” common interest in holding down even in the midst of a brutally de- DIRECTORS “tax revolt” or “tea party” — take excessive costs in government ser- structive Civil War, thought it im- Bryan Atchely TENNESSEE Mayor, Sevierville America’s cities and towns? vices, pursuing the often elusive portant to charter a transcontinental Angie Carrier For a top example, Governing trail of “crime, waste and abuse.” railway, to sign the Homestead Act FESTIVALS City Administrator, White House ( District 5) magazine’s current edition features And when so many people lack jobs that made millions of Americans Vance Coleman (District 7) at all, it’s surely a time to hold gov- property owners for the first time, Oct. 30: Knoxville Mayor, Medina the draconian measures under way Betsy Crossley in Colorado Springs, Colo. Re- ernment salaries in check. and to establish land grant colleges Halloween Storytelling at Marble Mayor, Brentwood (District 6) sponding to anti-tax sentiment that But isn’t there a strong shared to train farmers and workers. Springs Karl Dean was thriving well before the current public interest, as Brooks suggests, President Franklin Roosevelt, Held at the Marble Springs State Mayor, Metro Nashville when “an ambulance arrives five faced by a deep economic depres- Historic Site, 1220 West Governor Chris Dorsey recession, the city laid off more than City Manager, Red Bank (District 3) 550 city workers, let street medians minutes after dialing 911, water sion that brought America’s entire John Sevier Highway. In conjunc- David Gordon go to weeds, closed all its swimming flows from kitchen sinks, library free enterprise system into question, tion with the Smoky Mountain Sto- Mayor, Covington (District 8) pools and turned off a third of its books are available, and the home- supported historic public works — rytellers Association, a Halloween J.H. Graham III Storytelling event will be held from Mayor, Crossville streetlights. less are not abandoned to the ele- some that remain landmarks in Bill Hammon Beyond all that, Colorado ments in the dead of winter?” American cities. President Dwight 4 pm to 8 pm. Enjoy trick or treating Asst. City Manager, Alcoa (District 2) Springs has cut bus service by Today one in seven American Eisenhower introduced the program at the historic buildings; face paint- Bill Haslam families lives in poverty, more in for the interstate highways that be- ing; period children’s craft activi- Mayor, Knoxville 100,000 hours, with zero evening or Curtis Hayes weekend trips — a move that liter- need of a hand from government came America’s primary ribbons of ties; apple bobbing and storytelling Mayor, Livingston ally strands transit-dependent resi- than ever. Call them dispensable? commerce. for the young and young at heart. Richard Hodges dents. Remember, many of them perform Investment counts for cities and Costume parade and contest at Mayor, Millington 5:15pm. For more Information, call Dot LaMarche, Colorado Springs is clearly an among the most physically demand- metro regions too. My recent col- Vice Mayor, Farragut extreme. Known for its conserva- ing jobs society has, or send their umn on Chicago Mayor Richard 865-573-5508, or email: marble Ron Littlefield tive politics, it was an early adopter sons and daughters to join the mili- Daley recalled how his “livability” [email protected]., or visit the Mayor, Chattanooga tary and oftentimes risk their lives agenda of park and roadway green- website at www.marblesprings.net Keith McDonald of tax limitation legislation and has Mayor, Bartlett amazingly low property taxes — for the rest of us. ery set the stage for drawing fresh Bo Perkinson about $55 per person per year. It And to all the tea party types talent, giving his city a new eco- Nov. 8 Sevierville Vice Mayor, Athens relies heavily on sales taxes, also who pontificate about a need to re- nomic lease on life. In Chattanooga, Winterfest Music, Lights & Magic Norm Rone turn to the letter of the original U.S. Tenn., a 30-year livability cam- Free food, local entertainment, kids’ Mayor, McMinnville (District 4) down in the recession. Last Novem- Charles “Bones” Seivers ber, citizens refused in a referendum Constitution, please note that its Pre- paign, focused on making its river- games and fireworks make this President-CEO, TN Municipal Bond Fund to raise property levies to meet ris- amble refers to the “people of the side a magnet for people, has yielded event fun for everyone. The evening Randy Trivette ing needs. United States” including a specifi- major corporate decisions by such wraps up with “flipping the switch” City Recorder, Erwin (District 1) A.C. Wharton So is all of this bad? If people cally named purpose to “promote the firms as Alstom and Volkswagen. on the area’s first Winterfest lights. Mayor, Memphis don’t want to pay higher taxes, why general welfare.” Citizen voluntarism, in cleaning From 3-8 pm at the Sevierville Mu- Bob Wherry not cut services? On a quick inspec- This is not to say that the federal up neighborhoods and helping the nicipal Complex. For more infor- City Manager, Lakeland government and many states haven’t disadvantaged, is a huge asset. But it mation, call 1-888-738-4378 or visit President (TCMA) tion, Governing correspondent Doug Young Zach Patton reports, the town been profligate, wasteful, inatten- is not a substitute for able, profes- www.VisitSevierville.com Council, Murfreesboro doesn’t look that seedy. And he tive to fiscal responsibilities. Facing sional, investment-oriented govern- PAST PRESIDENTS quotes City Council member Sean yawning deficits, many years of ment. If tea party-ism, national or Nov. 12 – 14: Selmer Tom Beehan, (2008) Mayor, Oak Ridge 2nd Annual Craft Mart Tommy Green (2007) Mayor, Alamo Paige, a self-described libertarian: tough sacrifice and reckoning lie local, forces us to forget our shared Tommy Bragg (2006) Mayor, Murfreesboro “There’s a crybaby contention in ahead of us. But to use that as an fortunes, we’ll face not just a thread- Held at The Selmer Community Bob Kirk (2004) Alderman, Dyersburg town that says we need to raise excuse to eviscerate government bare but tremendously dangerous Center, at 232 N 5th St. Hours are: Tom Rowland (2002) Mayor, Cleveland functions left and right, or push future. Friday from 2 pm-6pm; Sam Tharpe (2001) Mayor, Paris taxes.” Dan Speer (1997) Mayor, Pulaski Council colleague Jan Martin down taxes just when government The opinions expressed in this Saturday from 9am-6pm and Sun. offers a contrarian view: “Right needs them to remain solvent, repre- column are not necessarily those of from 1pm-5pm TML AFFILIATED ORGANIZATIONS now, in this crisis, we’ve sort of lost sents a strange kind of patriotism. the Tennessee Municipal League. (Ex-Officio Directors) Tennessee Municipal Attorneys Assn. the sense of the common good. Ken Krushenski, Oak Ridge There’s a real sense of, ‘I’ll take Tennessee Municipal Judges Conference care of mine. You take care of Survey shows intensified financial John T. Gwin, Mount Juliet yours.’” Down the road, she sug- Tenn. Chapter, American Public Works Calvin D. Clifton, Little John Engineering gests, Colorado Springs may be Tennessee Government Finance Officers “creating a city of haves and have- pain for municipal governments Daisy Madison, Chattanooga nots.” Tenn. Assn. Housing & Redevel. Auth. SURVEY from Page 1 the range of services provided and turn in 2011. The national Melba Johnson, Lexington That’s precisely the problem, Tennessee Building Officials Assn. suggests James Brooks, program di- backs in spending in the history of looking for new service-delivery economy’s slow recovery to date Steve Mills, Hendersonville rector for community development the survey and the fourth year in a models in order to balance budgets also means the recession’s effects Tennessee Fire Chiefs Assn. at the National League of Cities: row that revenue declined. and minimize the impacts of cuts on will potentially linger in cities for Jerry W. Crawford, Collierville several more years. Tennessee Assn. of Air Carrier Airports The idea of cities offering nothing Cities have been forced to con- residents. Larry Cox, Memphis more than “vending-machine gov- front low consumer spending, un- Because most tax revenue is “2010 and 2011 are going to be Tennessee Association of Chiefs of Police ernment,” he notes, “doesn’t work if employment, and cuts in state aid collected at specific points during difficult years for cities,” Hoene Gil Kendrick, Jackson that have severely affected the types the year, and since it takes time for said. “Cities are making deep cuts in Tennessee Water Quality Management you care about social equity. When Jack Graham, Maryville everything’s based on a specific fee of services and the manner in which housing assessments to catch up to order to balance budgets. Tennessee Recreation and Parks Assn. for service, where’s the public they are offered by cities. In re- current values, cities will still be Everything’s on the table and there George Brogdon, Germantown good? Absent government, there is sponse, many cities are revisiting feeling the full effect of the down- are no sacred cows.” Tennessee Chapter, American Planning Karen Hundt, Chattanooga Tennesseee Personnel Management Assn. Alan Jones, Metro Knox Airport Authority Tenn. Assn. Municipal Clerks & Recorders Lanaii Benne, Franklin Tennessee Assn. of Public Purchasing Rex Gaither, Smyrna No loan is too TN Section, Institute of Transport. Engineers Kevin Cole, Knoxville Tennessee Public Transportation Assoc. Rebecca Harris, Cookeville Tennessee Fire Safety Inspectors large or too small Tommy White, Sevierville Assn. of Independent and Municipal Schools Reecha Black, Alamo TML ASSOCIATE PARTICIPANTS PLATINUM LEVEL MEMBERSHIP See us for your special projects needs. (615) 255-1561 Bank of America First Tennessee Bank GOLD LEVEL MEMBERSHIP Bank of New York Trust Company, N.A. SILVER LEVEL MEMBERSHIP AT&T ING Financial Advisers, LLC Sensus Metering Systems SpeedFix BRONZE LEVEL MEMBERSHIP Alexander Thompson Arnold, PLLC Alliance Water Resources Collier Engineering Co., Inc. Johnson Controls Lee Company McGill Associates, P.A. Sophicity CORPORATE LEVEL MEMBERSHIP A To Z MUNI-DOT Company Askew Hargraves Harcourt & Assoc., LLC Barge, Waggoner, Sumner & Cannon, 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. The city of Murfreesboro closes a $103 million loan, The town of Nolensville closes a $21,000 loan. Local Govt. Corporation the largest in TMBF history. Mattern & Craig, Consulting Engineers, Inc Nashville Tractor & Equipment, Inc. OHM(Orchard, Hiltz, & McCliment, Inc. One Source Document Solutions, Inc. Pavement Restorations, Inc. Rare Element, Inc. Smith Seckman Reid, Inc. Statewide Insurance Group of America Tennessee Cable Telecomunications Assn. Tennessee Energy Acquisition Corporation Tennessee Fiber Optic Communities Thompson & Litton, Inc. Thompson Engineering Thompson Machinery Third Rock Consultants,LLC TLM Associates, Inc. Tri Green Equipment, LLC Tysinger, Hampton and Partners, Inc. URS Corporation Utility Service Co., Inc. Vaughn & Melton Volkert & Associates Waste Connections of Tennessee Inc. Waste Management Wiser Company, LLC www.TML1.org 8-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 Municipal Administration Program

Advertising: $9.25 per column inch. No charge 38310. You may call (731) 632-1401 for November Schedule to TML members. Send advertising to: TT&C a copy of job description or pick-up a Classified Ads, Mona Lawrence, 226 Capitol copy at Adamsville City Hall; 231 East Blvd. Suite 710, Nashville TN 37219; e-mail: Main St.; Adamsville, TN. Monday-Fri- sion, and Public Service, 605 Air- mlawrence@ TML1.org; or fax: 615-255 4752. day between 8 am to 5pm Planning ways Lakeland, International Har- CITY MANAGER BUDGET MANAGER vester Club House, 4523 Canada EAST RIDGE. The city is seeking appli- LEWISBURG. The city is seeking quali- & Zoning cations for the position of budget fied applicants for the position of city Road manager.The budget manager will have manager. The position is responsible to Planning is a process that Johnson City, Johnson City Mu- varied financial duties including respon- the mayor and a five member council for seeks to guide the future. Deci- Instructors nicipal Building, 601 East Main sibility for maintaining the city’s annual the administration of all city services and sions regarding zoning, building MTAS Training Consultants departments, including but not limited to Street budget, tracking revenues and expendi- development and growth issues Knoxville, University of Tennes- tures, acting as purchasing agent, issuing administration, personnel, finance and Time affect landowners, neighbors and see Conference Center, 600 purchase orders, analyzing revenue budgeting, code enforcement, public the entire community — often Public administration courses begin trends and tax collections, coordinating works, sanitation, streets, public safety, Henley Street industrial development, recreation, plan- with significant impact on prop- at 8:30 a.m. and end at 12:30 p.m. grant expenditures, preparing spread- erty values, community character sheets and financial statements, and coor- ning and zoning. Qualifications include a The registration fee for MAP Dates and locations dinating with the city manager and other Bachelor’s Degree in public administra- and quality of life and even the courses for Tennessee city offi- Nov. 3 Lakeland city department/division heads. Success- tion, business or related field and five municipal budget. cials is $25 each. A fee of $55 is years experience in management. Expe- Nov. 4 Jackson ful candidate should have a minimum of This class meets the require- charged for non-city officials. 3-5 years experience in government bud- rience in budgeting, control of revenues Nov. 9 Collegedale ments of the Planning Commis- Registration is required. Seating is get, purchasing, and accounting proce- and expenditures, management of mul- Nov. 10 Knoxville sion and Board of Zoning Appeals limited at all sites, so please regis- dures and have a Tennessee Certified tiple departments, legislative issues, eco- Training and Continuing Educa- Nov. 12 Johnson City nomic development, storm water opera- ter in advance. Submit payment Municipal Finance Officer designation or Nov. 30 Franklin tions and planning are high priorities. tion Act 2002.The course will fo- with your registration. ability to obtain within one year of hire. cus on: zoning’s function in East Ridge provides competitive salary Applicant shall be proficient in Microsoft Training Facilities MTAS will need to receive and excellent fringe benefits. A complete Office. This would include but not lim- implementing a land use plan; Collegedale, Collegedale City payment in order to confirm your job description and city applications are ited to Microsoft, Access, Excel, Out- zoning adoption and amendment Hall, 4910 Swinyar Drive attendance for the class. For more look, PowerPoint, Publisher and Word. available at East Ridge City Hall. Appli- process; reading and interpreting a Franklin,Williamson County Ex- information, contact Kurt cations accepted until position filled. Must also be capable of learning any zoning map; extraterritorial zon- tension Office, Ag Expo Park Submit to: Trish Perry, Human Re- other computer applications deemed nec- Frederick at 615-253-6385 or ing process and powers and duties Jackson, West Tennessee Center Elaine Morrisey at 865-974-0411. sources, East Ridge City Hall, 1517 essary or applicable to the position. The of a Board of Zoning Appeals. Tombras Ave., East Ridge, TN, 37412. successful candidate must reside within for Agricultural Research, Exten- For further information contact Trish five miles of the corporate limits of the Perry at 423-867-7711 ext. 110 or city of Lewisburg in Marshall County [email protected] EOE and a within 90 days from date of hire. The city Drug-Free workplace. has an annual budget of $10,000,000 with 105 full time employees and 60 part time CITY ADMINISTRATOR employees. The position has an excellent Proposals for the first large solar The nation shed a net 95,000 jobs slowed and, as a result, demand for benefit package. Salary DOQ. The city is ADAMSVILLE. The is now accepting power plants ever built on federal last month, while unemployment housing weakened. A similar fate resumes for the position of city an EEO employer. An application, re- lands won final approval from In- sume and salary demand should be sub- held steady at 9.6 percent, accord- could be in store for areas of the administrator.The position is responsible terior Secretary Ken Salazar. for the daily operations of the municipal mitted to: City of Lewisburg, P.O. Box ing to the U.S. Department of La- country that faced the deepest hous- government and support services under 1968, 131 East Church St, Lewisburg, TN Both plants are to rise in the Califor- bor. The private sector added a mea- ing and employment shocks in the the supervision of the Mayor and City 37091 Attn: City Manager Application/ nia desert under a fast-track program ger 64,000 jobs, while government latest downturn, the report warned. Commission. The Administrator will be Resume must be received in by 4:30 p.m., that dovetails with the state’s own trimmed about 159,000 positions To avoid repeating the scenario that responsible for the coordination and di- Nov. 5, 2010. aggressive effort to push develop- primarily in education and the followed the 1980s downturn, pa- rection of the activities of the operating ment of solar, wind and geothermal 77,000 temporary census jobs. The pers commissioned by the Hamilton WASTEWATER SUPERINTENDENT departments within the city. Qualifica- power. The far larger one, a 709- number of unemployed people was Project recommended revitalization tions include a Bachelors Degree from WHITE HOUSE. The City is currently megawatt project on 6,360 acres in accepting applications for the position of steady at about 14.8 million, accord- efforts targeting the worst-off com- accredited college or university (work the Imperial Valley, will use experience may substitute). Must be resi- wastewater superintendent. Five or more ing to the report. State and local munities. dent of Adamsville within one year of years of increasingly responsible admin- “Suncatchers,” reflectors in the numbers will be released later. employment Knowledge of budget istrative or managerial experience in shape of radar dishes, to concentrate An investigation launched by at- preparation, administrative skills, and wastewater utilities. HS diploma re- solar energy and activate a four-cyl- Communities hit hardest during torneys general in all 50 states ability to maintain an effective working quired. Grade II Collection Operator cer- inder engine to generate electricity. the recession could continue to fall could force mortgage companies relationship with the public and munici- tification and Cross-Connection certifi- A 45-megawatt system featuring ar- behind the rest of the country for to settle allegations that they used cation within one year of employment. pal employees. Adamsville is a small city rays of up to 40,500 solar panels will decades. According to research re- flawed documents to foreclose on in West Tennessee with a population of Pay DOE/Full Benefits. Interested appli- be built on 422 acres of the Lucerne cants should send cover letter, resume, leased by the Brookings hundreds of thousands of 2,000+ and annual operating budget of Valley. When complete, the two approximately $7 million including the and references via email to Institution’s Hamilton Project, in re- homeowners. Legal experts say natural gas and water distribution sys- [email protected] or mail projects could generate enough en- gions that suffered disproportion- lenders could be forced to accept an tems. Deadline for acceptance is Nov. 15, to 105 College Street, White House, TN ergy to power as many as 566,000 ately in the recession of the early independent monitor to ensure they 2010 at 5 pm. Resumes may be emailed 37188. Additional information may be homes. Salazar is expected to sign 1980s, for example, average earn- follow state foreclosure laws. The to: t.thrasher@ cityofadamsville.com or found at www.cityofwhitehouse.com. off on five more projects this year; ings have risen at a quarter of the rate banks also could be subject to finan- faxed to (731) 632-1779. Or mail resume Applications must be received by Nov. the combined long-term output of all of the rest of the U.S. Employment cial penalties and be forced to pay 11, 2010. The city of White House is an to: Adamsville City Hall Attn: Terry the plants would be four times that of grew more slowly, young people left some people whose foreclosures Thrasher; P.O. Box 301; Adamsville, TN. Equal Opportunity Employer. the first two. the region, population growth were improperly handled. 2010 Summary of Public Acts that affect municipalities BY JOSH JONES nals or procedures substantially lated to contracts with a choice of gineer or architect so long as no § 66-34-104 by specifying that a MTAS Legal Consultant compatible with due process re- venue clause. services involve general contract- party withholding retained funds for quired by Tennessee law; the court Effective May 27, 2010. ing, unless the engineer or architect escrow in a construction contract are BUSINESS REGULATION issuing the judgment did not have is also a contractor. subject to a fine of $300 for every Chapter No. 1076 (HB1323/ personal jurisdiction over the defen- CODE ENFORCEMENT Effective April 13, 2010. day such funds are not deposited into SB3851). State regulation of lock- dant in accordance with principles Chapter No. 1128 (HB3659/ the escrow account. Failure to de- smith businesses. Amends T.C.A. applicable under Tennessee law; the SB3428). Administrative hearing Chapter No. 768 (HB2794/ posit the retained funds into an es- Title 62, Chapter 11, Part 1 by ex- court did not have subject matter officer programs authorized. SB2722). Masonry contractor infor- crow account within seven days of panding state regulation to also re- jurisdiction over the action; or if Amends T.C.A. Title 6, Chapter 54 mation required on outside of bid. receipt of written notice of failure is quire registration of any business established by a preponderance of by authorizing a municipality, via Amends T.C.A. § 62-6-119 by ex- a Class A misdemeanor. Effective engaged in locksmith activity. Re- the evidence that the defamation law ordinance, to create the office of panding requirements on outside of May 3, 2010.*The Public Chapter is quires registration and licensure of applied in the foreign court provides administrative hearing officer to a bid envelope to include requiring broader than the caption of bill as locksmith apprentices. Makes other less free speech protection than the hear building and property mainte- masonry contractor information introduced making the constitution- various changes to locksmith provi- Tennessee and United States Consti- nance code violations. Ordinance where the total cost of the masonry ality of the bill questionable. See sions. Effective July 1, 2010. tutions. Effective July 1, 2010, and must reference code sections subject portion of the contract exceeds Tenn. Const. Art. 2, § 17. applicable to foreign judgments to administrative jurisdiction. Ad- $100,000. Effective July 1, 2010. Chapter No. 1107 (HB3923/ filed for enforcement on or after ministrative jurisdiction cannot in- *Will be codified into T.C.A. § 62-6- Chapter No. 897 (HB2766/ SB3644). Locksmith licensing up- July 1, 2010. clude codes adopted by the State 119 as amended by Chapter No. SB2688). Contracts for fuel stabili- dated. Amends T.C.A. Title 62, New Ad comingFire Marshal pursuant to T.C.A. § 801, infra. zation. Amends T.C.A. § 7-5-911 by Chapter 11, Part 1 by updating the Chapter No. 902 (HB3651/ 68-120-101(a) and enforced by a removing the sunset provision on requirements for obtaining lock- SB2817). Uniform Unsworn Decla- deputy building inspector pursuant Chapter No. 801 (HB3158/ and thus making permanent the au- smith licensure. Creates civil penal- rations Act. Amends T.C.A. Title to T.C.A. § 68-120-101(f). Deci- SB3607). Requirements for bid thorization for contracts entered into ties for violation. 24, Chapter 9 by enacting the Uni- sions of hearing officer are not sub- documents. Amends T.C.A. § 62-6- by municipalities to stabilize the Effective July 1, 2010. form Unsworn Declarations Act. ject to the $50 constitutional limita- 119 by requiring submitted bid price of fuel. Limits the term of those This uniform act creates a procedure tion on fines levied without a jury. documents, including those submit- contracts to a maximum of 24 CHARTERS for entering an unsworn declaration Authorizes penalties of $500 per day ted electronically, to reference months.Effective May 10, 2010. Chapter No. 999 (HB2866/ of a party located outside of the for violations on commercial prop- T.C.A. Title 62, Chapter 6 and con- SB2702). Referendum on term lim- boundaries of the United States as erties and $500 cumulatively for tain a statement noting the require- COURTS its in city within a county with char- admissible evidence in a Tennessee violations on residential properties. ment of bidder to provide evidence Chapter No. 1019 (HB3537/ ter form of government authorized. court of law. Effective July 1, 2010. Alleged violator must be provided of compliance with its provisions. SB2902). ¬Fee for forfeiture of cash Amends T.C.A. Title 6, Chapter 3 by reasonable time to remedy before For bids of $25,000 or more the bond allocated to TBI. Amends authorizing the governing body of a Chapter No. 908 (HB0185/ fine imposed. name, license number, expiration T.C.A. § 39-6-103 by instituting a municipality located within a county SB0744). Unclean hands doctrine Administrative hearing officer date and license classification of the fee of thirteen dollars and seventy- with a charter form of government, codified. Amends T.C.A. Title 16 by must be licensed building, plumb- contractor(s) applying for the prime five cents ($13.75) for every forfei- who has passed an ordinance by a codifying Tennessee’s equitable ing, or electrical inspector; attorney; contract and for electrical, plumb- ture of a cash bond or other surety two-thirds (2/3) vote at two (2) meet- and common law defense of unclean architect; engineer; or an adminis- ing, heating, ventilation and air con- entered as a result of a municipal ings to establish term limits for the hands with respect to commercial trative law judge with the Adminis- ditioning contracts must appear on traffic citation. Municipal court mayor and board members of the transactions. Essentially, this doc- trative Procedures Division. Hear- the outside of the bid envelope or in clerk shall retain five percent (5%) municipality. Ordinance must be trine precludes a person or such ing officer must, within six months the submission of the electronic bid. of the fee for processing and remit approved by referendum. person’s predecessor-in-interest of appointment, complete Munici- Prime contractors who perform the the remainder to the state treasury Effective June 2, 2010. from enforcing any claim where he pal Technical Advisory Service electrical, plumbing, heating, venti- where it will be allocated to the Ten- or she has acquired right to such (MTAS) training program. Hearing lation or air conditioning contracts nessee Bureau of Investigation. CIVIL PROCEDURE claim by means of fraud, deceit, mis- officers also must annually com- must be so designated. Failure to Effective July 1, 2010. Chapter No. 761 (HB3103/ representation, etc. plete six (6) hours of continuing edu- comply renders bid void. Names on SB3030). Service of garnishment Effective May 12, 2010. cation. Effective July 1, 2010. outside of envelope or in electronic CRIMES AND CRIMINAL summonses. Amends T.C.A. § 26-2- bid must be read aloud before bid PROCEDURE 203 by requiring a garnishment sum- Chapter No. 983 (HB3768/ CONTRACTS documents opened at official bid Chapter No. 663 (HB2581/ mons to be served on an employee SB3740). Weight of foreign deci- Chapter No. 755 (HB2754/ opening. Entity or person awarding SB2561). Medical personnel re- other than the garnishee. Service sions. Without reference to any spe- SB3070). Construction manage- contract has duty to verify informa- quired to report drug-seeking be- upon the garnishee is voidable by the cific section of the T.C.A. this bill ment services. Amends T.C.A. § 49- tion. No invitation to bid may re- havior. Amends T.C.A. Title 53, court. Effective July 1, 2010. states that when a court, administra- 2-203 by expanding the prerequi- quire a subcontractor to be identified Chapter 11 by requiring licensed tive agency, or other entity acting sites of a contract manager who pro- until the final bid submission or any medical and veterinary personnel to Chapter No. 900 (HB3300/ under authority of state law is con- vides construction management ser- prime contractor to accept the bid of report criminal drug-seeking behav- SB3589). Foreign defamation judg- sidering granting comity to a foreign vices for the construction of school a subcontractor before the final bid ior to law enforcement within five ments. Amends T.C.A. Title 26, legal decision, the primary factor in buildings or additions. This work submission. Creates civil penalty for (5) days of obtaining such knowl- Chapter 6, Part 1 by limiting the determining whether to grant weight may be done by a general contractor non-compliance. edge. Inexplicably does not apply to authentication of a non-U.S. judg- to such decision is whether the deci- so long as no services involve archi- Effective April 19, 2010. cases where the patient is covered by ment for defamation. No such judg- sion violated or would violate any tectural or engineering services, un- TennCare. ment can be authenticated by a court right of a natural person under the less the contractor is an engineer or Chapter No. 875 (HB3159/ Effective March 30, 2010. of this state if: rendered by a court Tennessee or United States Consti- architect. Alternatively, this work SB3604). Penalty for failing to de- that does not provide impartial tribu- tution. States similar policy as re- may be performed by a licensed en- posit escrow funds. Amends T.C.A. 9-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 www.TML1.org TAMCAR meets, awards certificates and honors

Under the direction of the Uni- versity of Tennessee Municipal Technical Advisory Service, the fall 2010 TAMCAR Institute and Nov. 14-17: The American Trails Academy took place Sept. 22 – 24 20th National Symposium “Trails: in Nashville. From across the state, The Green Way for America.” 126 municipal clerks and recorders Held at the Chattanooga Convention attended the two and a half day Center. Attendees will learn about educational sessions. the latest trail building products, The Institute and Academy ses- techniques and technologies sions allow clerks and recorders through workshop sessions; partici- from all 346 cities and towns in pate in mobile workshops; have the Tennessee to receive job related opportunity to receive specialized training for their state and Interna- outdoor training; and network with tional Institute of Municipal Clerks more than 600 outdoors/trail enthu- (IIMC) certification. This training siasts. For more information, visit is required by Tennessee Code An- www.AmericanTrails.org. notated (T.C.A.) § 6-54-120. As a result of Public Acts of 1994, mu- July2-Oct.30:“Whose Broad nicipal clerks and recorders are re- Stripes and Bright Stars: The U.S. quired to become certified by com- Flag Through History.” An exhibi- pleting 100 hours of education. The tion of more than 100 historical legislation also requires that certifi- American flags and related artifacts cation be maintained by completing at the Polk Presidential Hall at the 18 hours of continuing education James K. Polk home, 301 W. 7th every three years. Street in downtown Columbia. Open Those who have completed six from 9 am - 5 pm Mon.- Sat. and Institutes and are eligible to receive from 1 pm-5 pm Sun. For more infor- state certification are pictured to the mation, call 931-388-2354 or visit right. In addition, TAMCAR also TAMCAR President Shirley Dancy (Gates), Linda Berner (Belle Meade) Linda Riffey ( Plainview), Larry the website www.jameskpolk.com. recognized two of its members for Clark, (Elizabethton), Cheryl Ricker ( Decatur), Angela Hunt (Gleason), Randy Potts (Greeneville). outstanding contributions to their . profession. Stefanie McGee, Olgesby, Crossville city clerk, re- Bartlett city clerk, received the ceived the Distinguished Clerk Clerk of the Year Award. Sally award. Rain or shine, sleet or hail, every day is perfect for a GovDeals sale!

Online Government Surplus Auctions—24/7

Visit GovDeals.com today During the fall Institute and Academy, Stefanie McGee, center, re- or call 1-866-377-1494 ceived the Clerk of the Year award. She is pictured with Dennis Canon, Sally Oglesby of Crossville, left, received the Distinguished Clerk Bartlett inspector, (left) and Mark Brown, Bartlett finance director (right). award. She is pictured with Sheila Luckett, Mt. Julliet city recorder. 2010 Summary of Public Acts that affect municipalities safely operate a motor vehicle. owns or controls. Exception for resi- CRIMES AND CRIMINAL cine in this state regardless of when Chapter No. 953 (HB2506/ Effective January 1, 2011. dential treatment facilities. PROCEDURE application was filed. SB2545). Offense of intercepting Effective July 1, 2010. Chapter No. 750 (HB3263/ radio frequency. Amends T.C.A. Chapter No. 1099 (HB3376/ SB2988). Sexual offenders who are Chapter No. 918 (HB3018/ Title 39, Chapter 13, Part 6 by creat- SB3459). Offense of harboring a Economic Development parents or legal guardians to provide SB2712). Prohibition on selling in- ing the criminal offense of know- runaway. Amends T.C.A. Title 39, Chapter No. 619 (HB2806/ notice to school. Amends T.C.A. § ternational drivers’ licenses. ingly intercepting a radio frequency Chapter 15, Part 4 by creating the SB2637). Membership of Four Lake 40-39-211 by stating that a regis- Amends T.C.A. § 47-18-104(b) by transmission made by law enforce- offense of harboring a runaway mi- Regional Industrial Development tered sex offender must provide no- making it a civil offense to sell or ment, fire, or other emergency gov- nor child. Harboring consists of con- Board amended. Amends T.C.A. § tice to principal upon their child’s offer for sale international drivers’ ernmental agency to commit, facili- cealing the whereabouts of the child 64-5-203(a) by providing that in a enrollment if the sexual offender is licenses or other non-governmental tate or aid in the flight from another or harboring the child and failing to county adopting a metropolitan to pick the child up on school documents that purport to confer criminal offense. notify the parent or legal guardian form of government, the county grounds. Other various changes to driving privileges in this state. Effective July 1, 2010. within a reasonable amount of time. mayor must appoint a citizen to sexual offender provisions. Effective July 1, 2010. Effective June 23, 2010. serve on the industrial development Effective July 1, 2010. Chapter No. 964 (HB3196/ Chapter No. 921 (HB2768/ SB3169). DNA registry for certain board. Effective March 2, 2010. Chapter No. 1120 (HB2872/ Chapter No. 816 (HB3913/ SB2965). Ignition interlock devices juvenile sexual offenders. Amends SB2882). Rachel Clawson Act of Chapter No. 730 (HB0187/ SB3540). Offense of violating re- for DUI offenders. Amends T.C.A. T.C.A. Titles 38 and 40 by expand- 2010. Amends T.C.A. § 39-12-213 SB0135). Development district au- striction for animal cruelty. Amends Titles 40 and 55 by requiring certain ing the list of offenses for which a by making the reckless killing of an thorized to construct a building for T.C.A. § 39-14-202 by making it a DUI offenders to drive only vehicles juvenile, if convicted, is required to employee of the Department of its own use. Amends T.C.A. § 13- Class A misdemeanor to violate a equipped with an ignition interlock submit a DNA sample for preserva- Transportation or a highway con- 14-107 by authorizing a develop- prohibition or restriction imposed device. Applies to offenders who tion in the TBI centralized databank struction worker in a posted con- ment district to borrow funds to con- by a sentencing court upon a person have BAC of 0.15% or higher; are to include aggravated rape of a child struction zone vehicular homicide struct a building for its own use. convicted of animal cruelty. accompanied by a minor; cause or attempt of such. and a Class D felony. Effective April 9, 2010. Effective July 1, 2010. bodily injury or death; or violate Effective July 1, 2010. implied consent law. Creates Inter- Effective July 1, 2010. Chapter No. 800 (HB3044/ Chapter No. 873 (HB2762/ lock Assistance Fund (IAF) to assist Chapter No. 979 (HB3412/ Chapter No. 1124 (HB3277/ SB3050). Industrial Development SB3008). Sale of synthetic urine indigent DUI offenders. IAF is SB3267). Reporting of child abuse. SB3219). Offense of unlawful pho- Corporation project expansion. prohibited. Amends T.C.A. § 39-17- funded by fees collected from viola- Amends T.C.A. Titles 37, 39 and 40 tographing. Amends T.C.A. Title Amends T.C.A. Title 7, Chapter 53 437 by creating the offense of selling tors. Makes other various changes to by requiring the telephone number 39, Chapter 13, Part 6 by removing by expanding the definition of synthetic urine. Exception made for DUI law. Effective May 26, 2010 of the person responsible for the care the requirement that the individual project for the provisions governing bona fide educational, medical or for the purposes of promulgating of the child be included in reports of photographed be readily identifiable Industrial Development Corpora- scientific purposes. rules and regulations. Effective July child abuse. Requires Department of in the photograph from the offense tions to include in any city that has Effective July 1, 2010. 1, 2010 for purposes of implement- Children’s Services to transmit re- ing new fines and creation of IAF. ports of human trafficking, child of unlawful photographing. created a central business improve- Effective January 1, 2011. ment district any public infrastruc- Chapter No. 899 (HB3270/ Effective January 1, 2011 for all pornography and severe child abuse ture, public improvement, or public SB2969). Trespassing on property other purposes. to appropriate law enforcement Chapter No. 1138 (HB2788/ facilities in an area designated as a quarantined due to production of agencies. Both the department and SB2724). Sexual offender registry center city area. Authorizes such a methamphetamine. Amends T.C.A. Chapter No. 922 (HB2968/ law enforcement agency must keep a provisions amended. Amends city to provide aid or assistance, in- § 68-212-503 by expanding the pro- SB2982). Synthetic cannabinoids il- log of these reports. Also requires T.C.A. Title 40 by adding traffick- cluding without limitation, granting, hibition governing property quaran- legal. Amends T.C.A. § 39-17-438 any school employee, administrator ing for sexual servitude to the list of contributing or pledging revenues, tined due to production of metham- by making illegal the production, or board member with knowledge of violent sexual offenses requiring except property tax revenues, to In- phetamine to also make it a separate distribution or possession of the hal- an investigation of a school system registration. Clarifies that kidnap- dustrial Development Corporation offense to trespass upon such lucinogen salvia divinorum and cer- employee for any child abuse or ne- ping is an offense requiring registra- projects.Effective April 19, 2010. property.Effective July 1, 2010. tain synthetic cannabinoids. Not ap- glect offense to report that informa- plicable to cannabinoids lawfully tion to the Department of Children’s tion only where the victim is a minor and the violator is not a parent or Chapter No. 940 (HB3417/ Chapter No. 904 (HB3369/ prescribed or to drugs or substances Service, the judge with juvenile ju- legal guardian. Makes other various SB3622). Industrial development SB3362). Revocation of license to approved by the federal Food and risdiction in the county, the sheriff changes to these provisions. corporation projects for mixed-use practice medicine for sex offenders. Drug Administration. of the county or the chief law en- Effective July 1, 2010. developments in impoverished ar- Amends T.C.A. Title 63, Chapter 6, Effective July 1, 2010. forcement official of the municipal- eas. Amends T.C.A. § 7-53-312 by Part 2 by giving the Board of Medi- ity where the child resides. Chapter No. 1145 (HB3181/ expanding the definition of project cal Examiners power to discipline, Chapter No. 929 (HB3874/ Effective May 27, 2010. SB3290). Sexual offender cohabita- in industrial development corpora- up to and including license revoca- SB3246). Parents of truants may at- tion regulated. Amends T.C.A. Title tion statutes to include a mixed-use tion, licensee who is required to reg- tend parent education. Amends Chapter No. 1015 (HB3280/ 40, Chapter 39 by prohibiting a reg- development in a county where, as ister as a sex offender. Requires reg- T.C.A. § 49-6-3009 by allowing, at SB2970). DUI substances broad- istered sexual offender from estab- of 2008, at least thirty-one and one- istering agency to forward the regis- the prosecutor’s discretion, parents ened. Amends T.C.A. § 55-10-401 lishing a primary or secondary resi- half percent (31.5%) of that county’s tration of any sex offender they have of students against whom a petition by broadening the definition of sub- dence with two (2) or more other population between the ages five reason to believe is licensed to prac- for truancy has been filed to partici- stances for purposes of the DUI stat- such offenders. Prohibits any person and 17 live in poverty. tice medicine. Effective July 1, 2010 pate in parent education training and utes to include any intoxicant, mari- from knowingly permitting more Effective May 26, 2010. and applies to any person licensed to parent-teacher conferences in lieu of juana, controlled substance, drug, than three (3) sexual offenders from practice in this state regardless of criminal prosecution. substance affecting the central ner- establishing primary or secondary when license was issued and to any Effective July 1, 2010. vous system or combination thereof residences on property the person person applying to practice medi- that impairs the driver’s ability to www.TML1.org 10-TENNESSEE TOWN & CITY/OCTOBER 25, 2010 Chief Justice Connie Clark learned early the importance of being at her best

BY GAEL STAHL high school. Robert Kennedy had a boundary line. We protect minority just been assassinated. His funeral rights at the point where laws made Cornelia A. “Connie” Clark took place the day before I flew to for the majority no longer work as was sworn in as chief justice of the Washington. Resurrection City was they were intended. There are some Tennessee Supreme Court on Sept. 1 still bringing hundreds of thousands minimum standards of decency, surrounded by hundreds of admiring of people to the nation’s capital to rights or principles that are to be friends, colleagues and family. protest poverty and inequality. Even upheld even if they do not favor the Representing an eighth-generation more were to come to Chicago later majority. Freedom of speech is, for Franklin family, she was fittingly that summer to protest the Vietnam instance, so important that judges invested in the same courtroom of War. That was the major issue that may be required to uphold the acts of Franklin’s historic courthouse in caused President Johnson not to run those who say ugly and filthy things which she first appeared as a lawyer for re-election. that you and I would never say or in 1979 and as a trial judge in 1989. It was a difficult time to be want to hear. That’s what you do in a Clark’s maternal grandfather’s turning 18 and going off to college. free country – uphold the consti- side came from North Carolina in the President Johnson told us, “In this tutional rights of the minority as well 1780s to claim Williamson County difficult time, the future decisions of as the majority. It’s an important Revolutionary War land grants. Her our country will be made by people function without which our system father’s relatives migrated from like you. We hope you go forth, do won’t work like it should. Ireland in the 1840s and 1850s. They well, love your country, and move settled in East Tennessee before forward to reach the promise of TT&C: Things have been working their way to Franklin in the tomorrow.” Every one of us there changing faster. Women got the early 1920s. took seriously the spirit of that vote 80 years ago, Tennessee got Born in 1950, Clark was 12 when message: that we should do female lawyers only in the 20th her father moved the family from something special with our lives – be century, and marriage is possible Franklin to Atlanta to work in accountable. President Johnson’s for more people. How do courts commercial construction. For young message set me on a different help bring us into new eras? Connie, that city was a great place to course. CC: Technology is moving us be a teenager in the 1960s. After high forward faster than anything, and school, she went to Vanderbilt TT&C: Is it true you’ve read technology sometimes gets ahead of University, earned a bachelor’s in TT&C for more than 30 years? the law, and far ahead of what was sociology in 1971, and a master of CC: I didn’t go to law school to considered by the framers of our arts in teaching at Harvard in 1972. litigate but to focus on admin- Chief Justice Connie Clark constitution. We deal with things She did student teaching in Boston istrative law and to represent cities. nobody thought about more than 200 public schools, then taught high I was assigned to our firm’s partner years ago – or thought about 10 years school history and government in the who was city attorney of Franklin. ago. If the law is not clear or is silent Atlanta public schools for a year, As assistant city attorney, I began about an issue, there is no way to then another three years at the reading Tennessee Town and City resolve it except to bring it to court. Arlington Schools in Atlanta. and feel privileged to be part of its We have to answer it. It may not be In 1976, she returned to famous tradition. At that time and the perfect answer if no law has been Vanderbilt to enter law school. She when I became city attorney in 1987, thought of for it yet, but we have to clerked with Farris Warfield and I practiced a lot of municipal law. I answer the question. People have no Kanaday before joining the firm in represented TML Risk Manage- other way to resolve disputes. 1979. One of her clients was the city ment Pool cities in Middle Sometimes we have to say a law of Franklin where she served as Tennessee. I worked with a lot of isn’t clear. Sometimes legislators Franklin assistant city attorney for mayors and city managers and with formulate a law from a particular set years under City Attorney Jim the Municipal Attorneys Assoc- of facts, but it doesn’t work well Martin. Martin says Clark became a iation. I was a board member when applied to the next set of facts. meteor, able to do more work in less following in the footsteps of Susan We don’t mean it as a personal time than anyone else he knows – McGannon (then TMLRMP staff affront. All they have to do is clarify when city folk called, they got attorney and now city attorney of it during the next session so the next answers. When Martin resigned in Murfreesboro). I’ve addressed city time a case comes up, we can enforce 1987, Clark became city attorney officials at Tennessee Municipal the clearer language. There are laws and two years later, was appointed League conferences more than once. that I may not have voted for if I were circuit judge. Continuing to love With the SCALES project, justices go to local communities to hear a legislator, but as long as they are education, she taught law as an TT&C: How did you happen to Supreme Court cases. Students are invited to watch the trial, read the clear I don’t have any problem adjunct legal professor at Vanderbilt become a judge so early? briefs, learn what the case is about, and discuss it. enforcing them. That’s the proper and at judicial academies and CC: I was happily practicing law in were interested, I knew I should the service they give and we’ll give and take between the branches institutes ever since. In 1999, the Franklin in 1989 when Gov. apply now. I did, went through the encourage trial judges to do the same of government. That’s the way our Tennessee Supreme Court justices McWherter’s office called. The selection process with everyone else thing. government remains elastic, not named her director of the governor said he’d announce on – including a 64-page questionnaire, static. Life isn’t static. Humans are Administrative Office of the Courts. Monday that a trial judge was a TBI background check, and an TT&C: Any other priorities? complicated. We need give and take. In 2005, Gov. Phil Bredesen retiring in my district, and he wanted interview with the 17 members of the CC: Education is No. 2. In 1995, the appointed her to the Supreme Court. me to replace him. The call was selection committee – and was one of Supreme Court created the SCALES TT&C: What is your most memo- She is only the second woman to totally unexpected. I’d given little three persons submitted to Gov. project, an acronym depicting the rable experience as a judge? serve as chief justice in Tennessee. thought about running for the next Bredesen, who appointed me. scales of justice and standing for CC: Early on, in Hickman County, Clark’s family is important to judgeship. Justices Riley Anderson and A.A. “Supreme Court Advancing Legal where, as in most counties then, they her. They all meet for dinner at her I knew Gov. McWherter Birch retired in 2006; Justices Gary Education for Students.” Justices go had never seen a woman judge, I was home every Sunday – even when she because I ran for the Tennessee Wade and Bill Koch replaced them. to local communities to hear picking a jury. One woman made it can’t be there. Another major legislature when he was Speaker of In 2008, Justice William M. Supreme Court cases in courthouses, clear she didn’t want to serve as a lifelong love is her church, the House. I had supported him in his “Mickey” Barker retired and Justice where students are invited to come juror. When that happens, you can’t Franklin’s First United Methodist candidacy for governor. I knew he Sharon Lee was appointed. and watch. The day before they put her on the jury because that Church in downtown Franklin. was interested in appointing come, a lawyer visits their classroom would penalize the parties. So, after Founded in 1799, it’s the oldest qualified women to the bench. But I TT&C: With four new members in to teach them about the courts. the jury had been chosen, I allowed continuous congregation in William- was still surprised and very three years, how does a court Students get to read the briefs, learn everybody else to go but told this son County that like the city of flattered. I said yes without much establish its own personality? what the case is about, and discuss it woman to sit in the back of the room Franklin was established in 1799. hesitation. The decision changed the CC: It takes a while. What we did before seeing the case being argued. and observe until the case was Clark’s father, William Howard rest of my life; it was one of the best was adopt as our joint No. 1 priority After watching the case before the finished. At that point, she would Clark Sr., returned to Franklin decisions I have ever made. I tell a program called Access to Justice court, the students go to a room with have done her service and been free decades ago to build homes and Gov. McWherter so every time I see that started during Chief Justice the lawyers who argued the case and to go. She was not happy all day. I condominiums until he died in 1995. him. I ran successfully for election Janice Holder’s term. There are 1 can ask questions to learn the rest of knew I had made an enemy and Her mother, Cornelia Anne ‘Connie’ in the general election cycle of 1990 million Tennesseans who have civil the story about the case they just worried a bit about that. Ewin Clark, now 80, works for the and again in 1998. legal issues that will put them in our observed. They find it fascinating. The next morning she slipped Williamson County Office of Circuit judges have juris- system but who cannot afford a Back at school, students are into the back of the courtroom and sat Economic Development. Clark’s diction over criminal and civil cases lawyer. Access to Justice informs debriefed again. We justices down with a little girl to watch. brother and sister and their adult and, in the 21st Judicial District, do them how to get legal help they can’t expedite the writing of our opinions During a break I asked her to come up children all live in Franklin. Clark is chancery work. I traveled in the 21st afford, particularly in the civil arena. so that within 90-100 days the and told her I was curious about why not married but has five nephews, of Judicial District to Williamson, Everyone has a constitutional right to students find out how the case was she’d returned. I knew she didn’t whom two are married and have nine Hickman, Lewis, and Perry counsel in criminal court but not on adjudicated and have a final have a good day yesterday. She children. Clark considers herself the Counties and tried civil cases one the civil side. They may be facing discussion about it. agreed and said she didn’t like being second mother of her great-nieces week, criminal the next. Having a termination of their parental rights or Trial judges are also being treated that way, forced to watch. and great-nephews and hopes they background in both criminal and evictions from home, inability to get encouraged to do a version of that But, she’d never seen a woman in consider her that way, too. civil law turned out to be important health care or inability to pay for it if program to demystify the legal charge of a court and thought I’d for the job I have now. they get it, welfare issues, safety and system and help people understand done a good job. She went home and TT&C: Anything special happen sometimes life issues, but have no why we have the rules that we have. complained to her husband, but had a to you growing up? TT&C: Why did you leave the automatic way to get legal help. We The bar association helps judges to kind of epiphany and decided her CC: After the move to Atlanta, I bench in 1999 to become adminis- see more and more people coming sponsor that. daughter should see that a woman attended the nearest public high trator of the courts of Tennessee? into our system unrepresented. It’s None of that is a substitute for the could be in charge and should grow school, an excellent school where I CC: The former administrative difficult for them if they don’t know civics classes that used to be required up knowing that. got a great academic education. I was director lost credibility with the the laws or have counsel. in schools. But judges can help Twenty years later it still means named a Presidential Scholar in legislature. That damaged relations people at least see what our branch of a lot to me. It taught me that it wasn’t 1968. Lyndon Johnson created that between the two branches of TT&C: How do you make courts government does. We’re the smallest about anything special I did that day. program in 1964 to recognize one government. The Supreme Court more accessible? and least understood branch. We It’s just that I was there, that there boy and one girl from each state, justices thought that if they hired a CC: We’re creating forms they can want people to understand that the was somebody she saw who looked D.C., and some at-large students judge instead of a professional use for most simple legal procedures. primary purpose of courts is to be the like her who was making a abroad – 121 in all – as outstanding administrator, they would have They are being placed in public last resort for resolving disputes and difference. It taught me you need to graduating high school seniors. I had someone who understood the libraries and easily found on our web a better way than blood feuds to settle do your very best every day because no idea I was being considered until judicial system and could articulate site, www.tsc.state.tn. We continue conflicts. you never know when somebody is I got a telegram from President its vision better. I was instructed to hold meetings all over the state going to see you and derive Johnson saying: “Congratulations! clearly to reestablish good relations where people can ask questions. A TT&C: What about those who something bigger from your You’ve been named a Presidential and assure legislators that when they number of booklets have been claim that courts sometimes too presence than merely what you think Scholar; please come visit me at my asked for information, it would be printed. We’re printing forms and actively ‘make laws’ rather than you’re doing. house.” It was the most exciting thing true. I worked hard to do that and to brochures in multiple languages and enforce the constitution? When anyone asks what it’s like that had happened to me. I flew to update the courts’ technology, and have some federal money to make CC: Judges often get accused of to have three women, a majority, on Washington, went to the White to administer the state’s judiciary interpreter services available more making decisions that legislators the Supreme Court or what it’s like to House, and was honored by the presi- effectively for the next six years. frequently. should be making. That’s not a fair have two women serve back to back dent as one of the most successful We’re working with legal criticism. It’s made because some as chief justice, I admit my high school graduates that year. In TT&C: In 2005, you were services agencies to provide free people don’t always realize that what perspective from the bench is many ways, it changed the focus of appointed to the Supreme Court legal representation and more we do is different from what the leg- skewed. All my colleagues are my life. yourself. How did that happen? volunteer lawyers. Entire bar islature does. Legislators represent wonderful, and I don’t think about CC: The Tennessee Constitution associations have programs to help their community’s interests and our operations based on gender. But TT&C: LBJ changed your life? states there shall be five justices on people in need. The Supreme Court’s make laws that apply generally to it is possibly much more meaningful CC: This was in June of 1968. He this court, with at least one justice, pro bono program now sets an everybody. But like the rules of any in a different way to a little girl who focused on how we were representa- but no more than two, from each of aspirational goal that expects every game, those laws establish limits on sits in the audience and sees us. tives of all young people and needed the three grand divisions. In the lawyer, including retired attorneys, human action – boundary lines to Simply because we are there, she to spend our lives going out and middle grand division, Frank to give 50 hours of legal services protect our neighbors. may feel empowered to reach higher making a better world. 1968 has been Drowota had been serving since each year and/or make an appropriate Judges are the referees that our for her own goals than she would called the hardest year in history. 1980 and Al Birch since 1993. donation if that’s not possible. We founding fathers said must uphold have otherwise. And that’s an Martin Luther King was killed in Turnover is rare. Justice Drowota will join bar associations in honoring the limits and determine when important continuing reminder to us April 1968. His daughter was in my was retiring after 25 years, so if I and recognizing people publicly for someone or some thing has gone over why we should always do our best.