1-TENNESSEE TOWN & CITY/JAN. 28, 2008 www.TML1.org

6,250 subscribers www.TML1.org Volume 59, Number 2 January 28, 2008 Transfer of Electronic filing not required executive Deadline for disclosure forms extended to Feb. powers BY CAROLE GRAVES cessible nor efficient for many of our local elected officials who are re- In accordance with state law, quired by law to make this disclo- clarified local elected officials are required to sure,” said Margaret Mahery, TML file disclosure statements of con- executive director. “Many local BY CAROLE GRAVES flicts of interests with the Tennessee government offices still are not com- TML Communications Director Ethics Commission. The Commis- puterized or do not have internet sion mandated that each document access. Outside the major metropoli- The Bredesen administration is must be filed electronically by Jan tan areas, the vast majority of these expected to initiate legislation this 31. offices do not have broadband ac- session to establish a line of succes- Recognizing that not all locally cess and rely on slower dial-up sion should Tennessee’s governor elected officials have access to com- internet access. Apart from these became incapacitated while in of- puters or email, the Tennessee Mu- technology limitations, many of the fice. Currently, the state constitution does not provide provisions that nicipal League, along with the Ten- elected officials, particularly part- Currently, the state constitution defines who may become or act as governor in the event that he or she nessee county Services and its affili- time officials serving on county does not provide any provisions that is not able to perform the powers of the duties of office. ate organizations, contacted the Eth- commissions and city councils, are defines who may become or act as ics Commission to convey the hard- older citizens who are not experi- governor in the event that he or she rent Tennessee constitutional provi- Ron Ramsey, speaker of the Senate; ship it would create to meet this enced with computers and internet is not able to perform the powers and sions, laws and practices related to Jimmy Naifeh, speaker of the electronic filing requirement. communications. A large percent- duties of the office. the transfer of powers; review laws House; Adolpho Birch, former chief “Electronic filing is neither ac- See ETHICS on Page 5 The issue became a concern in and practices used by other states; justice of the Tennessee Supreme 2006 when Gov. Bredesen became and to draft legislation for the Ten- Court; Ned McWherter, former ill from an apparent tick bite. It was nessee General Assembly to con- Governor of Tennessee; Glenn NCSL outlines options for then that the administration formed sider that will ensure the continuity Reynolds, UT College of Law pro- the Governor’s Advisory Commit- of operations of the state in the event fessor; Steven Elkins, legal counsel economic stimulus package tee on the Transfer of Chief Execu- a governor were to be incapacitated. to the governor; and Kim As U.S. stocks tumble reflect- different fiscal challenges in FY tive Powers. By executive order, the The following people were des- McMillian, senior advisor to the ing the growing concern of a reces- 2008 and FY 2009, discretionary committee was established to con- ignated to serve on the committee: governor. sion, the National Conference of grants provide states with the flex- duct a comprehensive review of cur- Robert Cooper, attorney general; See GOVERNOR on Page 5 State Legislatures asked Congress ibility to address fiscal concerns to consider states’ fiscal concerns in through one-time state grant an economic stimulus package that assistance. In addition, discretion- Benchmarks Three-Star’s pathway to action was being developed. In a letter to ary grants funds help eliminate BY VICTORIA SOUTH House and Senate leadership, shortfalls in state-federal partner- TML Communications Coordinator NCSL offered options for consider- ships. ation including temporary changes State Medicaid Assistance: A Five new benchmarks are pack- in the Medicaid matching rate and freeze or increase in federal match- ing a powerful punch in revitalizing increases in discretionary funds for ing payments for Medicaid would the state’s excellence in community states. assist people who lose health care development program, Three-Star, Twenty-four states reported coverage during the economic by helping communities create and state revenues have been hurt by the downturn and complement support reach strategic goals through com- housing sector slump. At least a provided in the economic stimulus munication and action. dozen states and Puerto Rico are package to extend and increase un- “After 28 years, it was time for seeing declines in their real employment benefits. the program to receive a facelift,” estate transfer or recording taxes. Child Support Enforcement said Melinda Keifer, Department of Many states anticipated a slow- Payments: Child support payments Economic and Community Devel- down in this revenue source, but the made by noncustodial parents go opment (ECD) Three-Star program drop is even higher than expected. directly to meet the basic needs of director. “States are mandated to bal- families and children, so they are Noting the outstanding accom- ance their budgets. If the economy quickly re-circulated back into the plishments of Three-Star communi- continues to slow or takes a turn for economy. ties throughout the years, Keifer At least one city official should complete a 10-hour MTAS Elected the worse, state finances undoubt- Food Stamps Assistance: Pro- praised the benchmarking system Officials Academy as part of the Leadership Development benchmark edly will decline,” said William T. vide a temporary increase of Food for its capacity to transport partici- for the ECDThree-Star Program. Pound, executive director of the Stamp benefits for households al- pating communities beyond the A five-step Program of Work make-up, will learn how to grow and National Conference of State ready eligible for and receiving such point system into the realm of excel- guides participants through the cor- prosper while also holding on to this Legislatures.“Our recommenda- benefits. lence in action. responding benchmarks repre- fabric.” tions for the Economic Stimulus Employment Benefits: Pro- Meeting the minimum bench- sented under the headings of Plan- Benchmark II incorporates a Package are similar to those that vide temporary extension of marks in five key areas of develop- ning and Infrastructure, Community community plan for the future, with were enormously helpful to states to unemployment benefits to eligible ment will qualify communities for Development, Leadership, Eco- elements such as a land use and recover from the last economic individuals. valuable ECD incentives while nomic Development and Education/ transportation plan, which is not en- downturn of 2001. However, this Sales Tax Fairness and Sim- helping communities better prepare Workforce Development as action- forceable, but an exercise in plan- assistance came three years into an plification: Grant states the author- for future economic growth. based questions focus on strategy. ning. economic recession. We want to ity to require collections of sales tax As the initial foundation, the For example, Step One, the cre- “Communities don’t have to boost economic growth and prevent on remote sales and provide equity plan incorporates a community ap- ation of a five-year strategic plan, implement it, just put it on paper as a a downturn before it starts.” for all retailers. Sales tax simplifica- pointed Three-Star committee that is corresponds with Benchmark I, foundation for the future,” stressed NCSL Recommendations tion would provide $6.8 billion for in charge of facilitating, developing, Planning and Infrastructure, with Keifer. Discretionary Grants to the businesses and fiscal relief to the monitoring, and measuring the pro- the question “Who are we and where According to Keifer, many of States: As each state will likely face See ECONOMICS on Page 3 gram every step of the way. The do we want to go”? The develop- the components contain elements committee can be comprised of the ment of a five-year plan answers this that communities are already per- Joint Economic and Community question in depth as Three Star com- forming, from developing and main- Gael Stahl retiring from TML Development Board (JECDB) or a mittees assess the most basic data taining a community website or one broad-based formally-structured comprising their communities, ad- municipal official completing a 10- BY VICTORIA SOUTH committee formed with a chair per- dressing and documenting develop- hour MTAS Elected Officials Acad- son and sub-committee chairs. ment issues in vital areas such as emy, to meeting the State Average Long time Tennessee Town & “It can be the city mayor, the education, work force development, Graduation Rate or State Average City Editor Gael Stahl, will be retir- city’s chamber…there’s no man- business recruitment, and infra- ACT composite score (county’s sys- ing from the Tennessee Municipal dates on who manages the program, structure. tem average). League (TML) Feb. 1 after an illus- just a collective group,” said Keifer. “Assessing this minimum data The Three-Star Program itself trious 25-year run. In recognition of “We hope that this builds a dialogue is a treasure,” said Keifer. “It’s all received Interest Level recognition his dedicated and valuable service at the local level, both city and the information that makes a com- by their new partner the Tennessee to TML and the state’s municipali- county. In general, we’re just asking munity unique. Smaller cities hop- Center for Performance Excellence ties, Stahl was presented a resolu- that somebody be driving the bus in ing to maintain the integrity of who (TNCPE) in the annual Excellence tion by the TML Board of Directors order to manage change.” they are, the very fabric of their See THREE-STAR on Page 5 on Dec. 4. During his tenure with TML, Stahl authored numerous articles Fire consultants take expertise to Capitol that were edifying to the municipal Gael Stahl Kevin Lauer of the University of leaders of the state of Tennessee Tennessee County Technical Assis- utilizing the knowledge and skills wife Susan, a horticulturist and edu- tance Service (CTAS) and Gary he acquired and the relationships he cator, Stahl continued in the coun- West of UT’s Municipal Technical forged as a member of the Capitol seling field while teaching philoso- Advisory Service (MTAS) recently Hill Press Corps to benefit TML phy at TSU. presented an innovative emergency and its members. Combining his love for writing response plan to the National Mu- Known as a veracious reader and politics, Stahl became a TML tual Aid Consortium in Fairfax, Va. and prolific writer, Stahl’s career staff writer in 1983 assuming the Their presentation highlighted the began, not as a journalist, but as a editor’s position for Tennessee Tennessee Fire Service Emergency Catholic priest. Born in Kansas, he Town & City in 1995. He became Response Plan, which the Interna- left to attend high school and col- widely known for his in-depth back tional Association of Fire Chiefs lege in seminaries in Illinois and page interviews with governors, (IAFC) has identified as one of the Ohio from 1953-1967, becoming an mayors, commissioners, state legis- premiere projects in the country. ordained priest in 1966. He was lators and other elected officials. He The deployment plan will iden- assigned ministries in Chicago and will continue to provide back page tify fire service resources in all 95 then came to Nashville in 1969 to interviews for TT&C as a contract counties in Tennessee and provide a The International Association of Fire Chiefs recognized West’s (left) serve in both parish and University writer. systematic call-up of apparatus, per- and Lauer’s plan as one of the country’s premier projects. ministries. Stahl leaves an indelible im- sonnel and specialized resources Here, he completed his journal- pression upon everyone he meets when an incident expands beyond Leadership Summit in Washington, Leadership Summit, Lauer and ism internship at a diocesan news- and truly “never meets a stranger” the capabilities of the initial re- D.C., an event attended by leaders in West, along with the fire chiefs from paper while receiving a master’s amassing an enormous array of sponse agency and secondary re- fire service from the United States East Ridge, Collierville and degree in psychology and counsel- friends and associates from all walks sources. Ray Crouch (MTAS) as- and four other countries. Attendees Germantown, met with U.S.Sen. ing at Tennessee State University of life across Tennessee and the sisted West and Lauer in developing received briefings from Secretary of Bob Corker and Congressman Zach (TSU). country. the plan. Homeland Security Michael Wamp to discuss federal legislative Following a leave of absence Long time colleague and MTAS Lauer and West also attended Chertoff and other federal agencies. issues affecting fire service in Ten- from the ministry in 1973, during Legal Consultant Dennis Huffer, the invitation-only IAFC National Prior to the IAFC National nessee and the country. which time he met and married his See STAHL on Page 3 www.TML1.org 2-TENNESSEE TOWN & CITY/JAN. 28, 2008 Education Commissioner seum and Library Service. The Memphis system was one of 10 li- Seivers accepts new position braries or museums receiving the Institute of Museum and Library Lana C. Seivers, Commissioner Services’ award. of the Tennessee Department of Education, will be retiring from state BY TML STAFF REPORTS ELIZABETHTON The Elizabethton City Council and NASHVILLE service effective Feb. 1, 2008. CHATTANOOGA Carter County recently passed an The Metro Council approved an ag- Seivers, who was appointed by A new FedEx Freight facility nearly ordinance to prohibit local pawn gressive panhandling” bill that put Bredesen in January 2003, has ac- double the size of its existing Chat- shops from hiring individuals con- limits on anyone asking for a hand- cepted an opportunity in Mississippi tanooga site is planned. The project, victed of felonies. The ordinance out in the streets, alleys and public to lead a newly established educa- estimated at between $5 million and came after months of work between places of Nashville, with the excep- tional foundation dedicated to early $10 million, will position the com- the Elizabethton Police Department, tion of street musicians. The legisla- childhood, teacher quality, commu- pany to grow its freight business and the District Attorney’s Office and tion bans all panhandling after dark, nity engagement and leadership. work force in the city. The other city officials. The new regula- or near automated teller machines, “I am sincerely grateful for the Lana Seivers Shallowford Road site will hold 72 tion was passed during the Decem- sidewalk cafes, business entrances, opportunity Gov. Bredesen has loading doors compared to the 46 at ber city council meeting following a bus stops or schools. It also makes it given me to serve as commissioner truly cares about this state and its FedEx Freight’s existing location. public hearing. The official lan- a crime to approach someone “ag- of Education,” said Seivers. children, and I am honored to have The new facility is the second major guage of the ordinance states that gressively” to ask for money, which “In the past five years, I have been a part of his administration.” investment by FedEx in Chatta- “no pawnshop operators within the the bill defines as everything from learned a great deal from him about “Commissioner Seivers’ ser- nooga in the past six months. corporate limits of the city of making threatening statements to leadership, service, and setting clear vice to the state of Tennessee has Elizabethton, Tenn., shall employ touching people, blocking their path priorities. Most important to me is been truly exemplary,” said Gov. CHATTANOOGA any person that has been convicted or refusing to take “no” for an an- that Gov. Bredesen has made educa- Bredesen. “During the last five The popular PBS program “An- of a felony.” Current state regula- swer. tion his top priority. Every day I have years, she has led the Department of tiques Roadshow” will be in Chatta- tions do not prohibit felons from been inspired and challenged by Education in a number of initiatives nooga on July 19 to tape footage for working in a pawnshop; however, OAK RIDGE Gov. Bredesen’s commitment and to help fulfill its mission to provide three episodes that will be broadcast they are prohibited from owning With support from Oak Ridge City dedication toward improving the quality education for every child in later this year. The city was selected them. Council members, Mayor Tom quality of life in Tennessee through the state. From working with me to as one of six for the summer tour Beehan has proposed using at least the power of education. raise teacher pay above the South- because of geography and facilities. JONESBOROUGH 1,000 residents to develop a city vi- “The decision to leave Gov. eastern average to expanding the The show features a traveling cast of All eyes were on Jonesborough as sion or long-term community plan to Bredesen’s administration and my state’s pilot Pre-K initiative into a expert antique appraisers who television viewers across the nation be completed by the end of the year. lifelong home has been a difficult program for four-year-olds across evaluate items brought in by locals. received a special 30-minute tour of City Manager Jim O’Connor said one. Because of Gov. Bredesen’s the state, she has served the state the town in an episode of Turnin’ to the vision could establish consensus strong leadership, the excellent staff with distinction and dedication, and CLEVELAND Country. Country music artist Tresa on some citywide goals. Oak Ridge in the Department of Education, and I wish her well.” Young people are getting a new Jordan hosts the new RFD-TV show officials say they want community the dedicated educators in every Bredesen said his administra- level of support from a number of in which she travels across the coun- support for the vision, and they want school district, I know Tennessee tion will begin the process of finding community organizations within the try visiting small towns that may not it to reflect the opinions of residents will continue to make steady a high quality candidate to succeed mentoring program called “Bridg- be on the national radar. The city and not just city leaders. According progress in education. I’ve seen Seivers as soon as possible to ensure ing the Gap.” The new partnership became the first town featured on the to O’Conner, the proposed develop- first-hand the way Gov. Bredesen a smooth transition. involves the Bradley Initiative for program and was descripted as “one ment of a community vision will Church and Community, 100 Black of the most memorable places.” bring together some very diverse Men of Bradley County, Boys and groups, among which are the 83 Girls Club of Cleveland, Cleveland KNOXVILLE percent of employees who work in Family YMCA and the Safe A team of professors at the Univer- Oak Ridge, often at federal facilities, Schools/Healthy Students Initiative. sity of Tennessee will use a but who live outside the city and the BY TML STAFF REPORTS Murfreesboro as its new executive Those organizations, plus Cleve- $625,000 federal grant to study many business owners who live director. Hann has experience in land Mayor Tom Rowland, County childhood obesity among partici- somewhere else. Gov. Bredesen has network healthcare delivery and Mayor D. Gary Davis, and officials pants in an annual problem-solving appointed Richard clinical administration. He is a with Lee University, made the an- competition on the university’s cam- WAVERLY H. Dinkins of Board Certified Healthcare Execu- nouncement. The mentoring pro- pus. The three-year study, funded by Officials from Humphreys County Nashville to fill the tive and a Fellow with the American gram fits in with the National Boys the U.S. Department of Agriculture, and Nashville State Community vacancy on the College of Healthcare Executives. and Girls Club 2012 Program which aims to determine if the competition College broke ground on a new Cen- Tennessee Court of encourages all current high school participants are on average healthier ter for Higher Education. The learn- Appeals, Middle Section. The va- Judge students to graduate within four than children nationally in terms of ing center, which is a branch of Dinkins years. body mass index. Researchers even- Nashville State Community Col- cancy was created Walter tually will try to test new ways of lege, will offer a new Associates by the death of Judge William Bryan Kurtz of COLUMBIA teaching about health and nutrition Degree Program in Industrial Pro- Cain in September. Prior to his ap- Nashville Mandatory water restrictions could among the participant population. cess Control Technology when the pointment to the Court of Appeals, will retire ef- be initiated for all water utilities in Professors in the UT Obesity Re- addition is complete in fall 2008. Dinkins served as Chancellor of the fective Davidson County Chancery Court, the Duck River watershed before search Center will gather data from Local business partners of the de- March 21 af- Kurtz February at the rate water is being participants. Tennessee’s popula- gree program include the Tennessee Part IV, since 2003. He served as an ter more than used in Normandy Reservoir. Offi- tion ranked fourth in the United Valley Authority and DuPont, associate at the law firm of the Hon- 25 years to become the state’s fifth cials believe the river is headed to- States for overweight youths, with which recently undertook a $30 mil- orable Avon M. Williams Jr., whom senior judge. Kurtz, 64, has been a wards catastrophe as a result of the 20 percent of the population ages 10 lion expansion at the plant in New he joined in 1981 to form the firm of judge since 1982 and previously drought. The dam releases water that to 17 being overweight. Johnsonville. The 10,000 square- Williams and Dinkins. In his prac- served one term as public defender all utilities in the watershed draw foot expansion is primarily funded tice, Dinkins was counsel to the in Davidson County. from. Those utilities are currently MEMPHIS by a FastTrack Infrastructure Devel- Metropolitan Development and enforcing Stage 1 and voluntary wa- First lady Laura Bush commended opment Grant from ECD. Grants are Housing Agency and Fisk Univer- Lisa Quigley, has joined U.S. Rep. ter restrictions. At 850 feet, all utili- the Memphis Public Library and In- given to communities for specific sity. Jim Cooper’s team as chief of staff. ties that draw from the Duck River formation Center and presented the projects that improve local infra- Quigley, 42, is the former chief of will be requested to engage in Stage country’s highest honor given to li- structure and encourage business The Tennessee Commission on Ag- staff for U.S. Rep.Cal Dooley. She 2 mandatory water restrictions. braries, the National Medal of Mu- investment. ing and Disability has appointed Ri- also worked for U.S. Rep. Steny Those restrictions would charge a chard M. “Mike” Hann of Hoyer of Maryland, the current fee or discontinue service to any House majority leader. She replaces customer in violation of the usage Greg Hinote, who now serves as terms listed by the utility. The water December revenues slightly up deputy mayor to Nashville Mayor level has been dropping at Karl Dean. Normandy by about 1 foot of eleva- Tennessee revenue collections dropoff in October was a trend.” lion. tion every week, according to the for December reflect a slight im- Sales tax collections were $5.1 Tobacco tax collections were Bob Corney will be leaving Gov. Columbia Power and Water Sys- provement in consumer spending, million less than the estimate for $6.3 million below the budgeted es- Bredesen’s administration at the end tems. but business taxes continued to show December. The December growth timate of $28.8 million, and for five of January and Michael Drescher weakness.Overall, revenues were rate was 4.67 percent. For five months they are $40.3 million below has been named senior advisor and EAST RIDGE $885.7 million or $55.7 million less months revenues are under collected the budgeted estimate. Communications Director. Life guards could be a hot commod- than the state budgeted. The general by $59.5 million. Year-to date collections for five Drescher, 38, was formerly director ity in East Ridge this summer. The fund was under collected by $51 Franchise and excise taxes com- months were $182.1 million less of public affairs for the TennCare Splash Valley water park, scheduled million and the four other funds were bined were $35.8 million below the than the budgeted estimate. The gen- Bureau and worked in the to open in May, could create a short- under collected by $4.7 million. budgeted estimate of $186.5 mil- eral fund was under collected by Governor’s Office of Planning and age of lifeguards at community “Sales taxes in December lion. For five months revenues are $186.2 million and the four other Policy before joining the Nashville pools where the pay is typically brought us the largest monthly under collected by $73.5 million. funds were over collected by $4.1 Visitors and Convention Bureau as lower. The 14-acre, $12 million park growth rate so far this fiscal year,” Gasoline and motor fuel collec- million. Senior Vice President of Govern- plans to hire 36 lifeguards, with 18 Finance & Administration Commis- tions for December decreased by The budgeted revenue estimates ment & Community. Corney is leav- on duty at all times. In 2006, the East sioner Dave Goetz said. “However, 2.55 percent and were $3.3 million are based on the State Funding ing state government to join Vox Ridge Youth Foundation ran short we are still monitoring business below the budgeted estimate of Board’s consensus recommendation Global Mandate, an international of lifeguards due to lack of lifeguard taxes very closely, as collections in $72.2 million. For five months rev- adopted by the first session of the public affairs firm. He joined the training instructors. the current month will tell us if the enues are over collected by $2.2 mil- 105th General Assembly in 2007. Bredesen Administration in 2004.

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BY VICTORIA SOUTH holders in the redevelopment pro- TML Communications Coordinator cess. Presenters agreed that there are important steps city officials can take Once vibrant shopping desti- to either lead or help the revitalization nations, decaying strip malls have effort in their communities: become common in cities across • Be proactive and create a vision the United States. With their pot- for redevelopment with your com- holed asphalt, discount tobacco munity. shops, and vacancy fliers flapping • Work with developers to ensure in the breeze, the centers are throw the project is both consistent with backs from the 20th century when this vision and also meets the communities were re-developed goals of the developer. after World War II from compact, • Be realistic about the market po- mixed-use neighborhoods to an tential of your community. automobile-centered system of de- • Support density. velopment known as conventional • Aggregate sites. suburban development (CSD), or sprawl. “Although not a widely accepted Research by the National way of doing business, cities should League of Cities indicates that look into utilizing these properties as Photo by Victoria South many first tier suburbs, those be- mixed-use developments,” said Aging strip malls from the post world war II era, suffering the ravages of absentee landlords, changing yond central cities but inside the McDonald. demographics, bankruptcy, and loss of anchor stores, may be revitalized in the form of mixed-use dev- ring of developing suburbs and “What’s happening is a lot of elopments, a mix of businesses, apartments, offices, mini parks and parking garages rural areas, are often riddled with older shopping centers won’t be underperforming strip malls suf- shopping centers anymore. We’ve Los Angeles Times “Turning Old “Just like the days when shop fering from absentee landlords, got one in Bartlett that was 80 percent Strip Malls into Housing” hundreds owners lived above or in the back of Terminology loss of anchor stores, changing de- vacant now occupied by a business of aging mid-size centers sit on their businesses, as our population mographics, bankruptcies, and the college. Sometimes it’s a matter of prime real estate.” becomes more diverse, people are Greyfield: Developed sites that general ravages of time. the community reclaiming the prop- As lifestyle centers — premium becoming interested in that,” adds are economically and physically According to the article “Ob- erty so that it becomes something open-air shopping centers designed McDonald. “Mixed-use develop- ripe for major development. stacles to Redeveloping Obsolete else. where people can live, work, shop, ments could be appealing to empty Suburban Strip Centers,” by “Declining malls will often hang and play increase, so does the con- nesters, the artistic class, or people Mixed Use Development: A Maura K. Ammenheuser, cities on with low-end retailers and mer- cept of mixing shopping and living who don’t need a yard.” blend of retail, offices, and hous- can face challenges of revitalizing chandise liquidators, or by staging space known as the “suburban vil- “The death of a mall does not ing nearby that reduces the need aging strip malls through “com- flea markets in the parking lot on lage concept.” These mixed-use have to be bad news. Careful rede- to travel outside of the commu- placent or balky landlords, those weekends,” writes Christopher communities include apartments, velopment can be the recipe for an nity to reach these resources. who have paid off old centers, con- Swope in Governing Magazine. condos, shops, offices and parks. economic rebound,” reports a study tinue collecting modest rents, and “Sometimes malls go completely Apartments and condos get built by Congress for the New Urbanism New Urbanism- A movement aren’t motivated to make major empty, boarded up and fenced off like where parking lots are, and parking “Greyfields into Goldfields: from in architecture and planning that improvements.” the inner-city shopping districts so gets stacked in garages. In essence, failing shopping centers to great advocates design-based strate- “Blight is contagious,” said many malls replaced. This is unfamil- residential and commercial space is neighborhoods.” gies to help arrest suburban “Sometimes a mall goes out of sprawl and inner-city decline business because it has lost its eco- and to build and rebuild neigh- nomic reason for being,” says Victor borhoods, towns, and cities. Dover, new urbanist architect. Shared principles call for orga- “Stop thinking about these as nizing development into neigh- failed shopping center properties borhoods that are diverse, com- and start thinking about them as po- pact, mixed use, pedestrian ori- tential mixed-use properties.” ented, and transit friendly. A four-part series about strip center redevelopment by Shopping Suburban Village Concept: Centers Today writer Maura K. Mixed use communities which Ammenheuser can be viewed at the include businesses, shops, apart- NLC website www.nlc.org or by ments, condos, pocket parks and contacting Christy McFarland 202- parking garages. 626-3036 or at [email protected]. NCSL outlines economic package ECONOMICS from Page 1 scheduled increase in the child tax states at no expense to the federal credit, and other changes in federal government. tax liability, rather than through ex- Federal Tax Investments: Pur- clusions or deductions. sue any federal personal and corpo- Capital Projects: Increase In- rate income tax relief through tax vestment in transportation and waste credits, such as accelerating the water treatment Gael Stahl retiring from TML STAHL from Page 1 governor on down.” quips “Gael became the virtual Larry Stahl will be missed by his many King of Tennessee, interviewing friends, the members, staff and asso- Photo by Victoria South state and local officials from the ciates of TML. Hillsboro Village in Nashville makes the most of mixed use development opportunities blending an eclectic mix of retail shops and residential living Some Profile Highlights • Grew up on a small farm in north-central town of Plainville, Kansas Keith McDonald, chair of NLC’s iar ground for suburban officials. integrated. • Attended Franciscan seminary from high school through graduate school First Tier Suburbs Council and Most are too timid to propose large- “Franklin has had great success for 13 years in Illinois and Ohio. Ordained 1966. mayor of Bartlett. “You really scale redevelopment of greyfield with re-centering living space on • Associate pastor of Chicago parish, home base of Jesse Jackson’s Opera- have to work hard to keep it from sites and will wait for developers to second floors above businesses,” tion Breadbasket getting to that point.” present their own ideas,” Swope con- said McDonald. Franklin, most • Student to help integrate historical black Grambling College, Louisiana, Revitalizing aging strip cen- tinues. “Some have recruited call noted for its vibrant historic down- 1965 ters was the topic for discussion at centers to fill old department stores, town district, is currently re-devel- • Men & women’s prisons chaplain in Nashville 1969-1970 the First Tiers Suburbs Council or attracted light-manufacturing oping an area called Jamestown Sta- • University chaplain at Fisk, Meharry, TSU 1969-73 meeting held atthe NLC annual firms to occupy big-box stores. This tion for office space, shops and resi- • Associate pastor of St. Vincent de Paul Parish Admissions counselor at conference, where city officials puts the buildings to use. But it wastes dential. TSU 1971-79 explored ways to work with stake- huge swaths of land and adds little “Yes, Franklin definitely agrees • Traveled through Europe and USA 1979-81 holders to redevelop strip mall vitality to nearby neighborhoods.” with the redevelopment of aging • Dispensed of his vows by Pope John Paul II properties. While the process isn’t simple, strip centers,” said Franklin Plan- • Married Susan McMahon Stahl October 1981 The council has been working some communities convert aging ning Director Jaime Groce, adding • Founder, publisher and editor of Diaspora Digest for ex-Franciscans since with the International Council of shopping centers and parking lots that current municipal policies are in 1983 Shopping Centers, an NLC Corpo- into vibrant, mixed-use town centers, place to revitalize the Murfreesboro • Internationally recognized Sherlockian scholar and editor since 1979 rate Partner, to understand the Swope surmises. Road corridor near I-65 into a mixed • Charter member of Nashville’s Sherlockian society in 1979 roles and perspectives of stake- According to Evan Halper, of the use development. • Writer and editor of Tennessee Town & City 1983-2008

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KNOXVILLE Phone: 865/539-8209 Fax: 865/694-0848 www.TML1.org 4-TENNESSEE TOWN & CITY/JAN. 28, 2008 Grant increase for Main Street communities The Department of Economic and Community Development an- nounced it is increasing the Tennes- with 24.8 percent of drivers without BY TML STAFF REPORTS see Main Street Innovation Grant to insurance, according to the council. $23,000 to support innovative pro- The nationwide figure was 14.6 per- Traffic deaths in Tennessee fell grams and activities around the cent. Tennessee law requires drivers by about 9 percent in 2007 to their state’s 21 Main Street Program to have liability insurance of at least lowest level in 15 years. Preliminary communities. $60,000. The state also allows Ten- figures show 1,169 traffic deaths The department also announced nesseans to deposit $60,000 with the last year — 118 fewer than in 2006, that $3,000 of the grant monies will state insurance commissioner in- according to the Governor’s High- be allocated for an additional train- stead of purchasing insurance. way Safety Office. The biggest de- ing component. These monies can North Carolina is one of the nation’s creases were in the largest cities. be used by Tennessee Main Street leading states for compliance with Drops in Shelby, Davidson, Knox communities to participate in train- auto insurance laws. and Hamilton counties account for ing sessions and conferences spon- almost all the decline. Grant money sored by the National Main Street Tennessee’s restaurant sales in was used for more drunken driving Network, a program of the National 2008 are projected to grow at a checkpoints and extra patrols. Trust for Historic Preservation. Par- rate of 4.5 percent and bring in ticipation in this network by com- sales of $8.5 billion, according to the Increased traffic along Interstate 75 munities is a requirement of the state Downtown Union City, a certified Tennessee Main Street National Restaurant Association’s has prompted transportation offi- program and necessary to earn na- opportunities and enhances the qual- ing tangible results and ultimately 2008 Restaurant Industry Forecast. cials to consider options to alleviate tional accreditation. The grants will ity of life for a community. improving quality of life and eco- Jobs could fare even better and grow headaches and improve safety. An be administered from March 2008 The Main Street Innovation nomic growth.” at about 15 percent, the report says. 18-month feasibility study in through June 2009. Grant requires a 20 percent match by The Tennessee Main Street Pro- The association’s yearly forecast March commissioned by the Ten- “The Tennessee Main Street the local Main Street Program. The gram provides assistance to commu- covers state-by-state sales and em- nessee Department of Transporta- Program continues to be a key com- training component to the grant does nities in revitalizing their downtown ployment growth, plus national eco- tion will consider multiple solu- ponent of the state’s economic de- not require matching funds. and central business districts, which nomic, workforce, operational, tions for traffic along the 160-mile velopment efforts,” ECD “This grant allows certified are vital components of economic menu and consumer trends. Nation- stretch. One option under consider- Commssioner Matt Kisber said. Tennessee Main Street Communi- development and job growth. The ally, the industry expects national ation is widening the interstate from “Gov. Bredesen has been a strong ties to achieve creative and forward- program assists communities across sales of $558 billion in 2008 and an two to three lanes in each direction advocate for investment in historic thinking solutions to downtown re- the state with technical assistance economic impact of more than $1.5 at a projected cost of $1.7 billion. downtowns, and I believe this finan- vitalization,” said Kimberly Nyberg, and expertise in developing long- trillion. The industry expects to em- Other alternatives include using rail cial commitment to the revitaliza- director of the Tennessee Main term strategies that promote eco- ploy 13.1 million employees in the to move freight through the state or tion and prosperity of downtown Street Program. “It can serve as a nomic growth and development. To new year. The industry is expected to updating adjacent highways that districts makes good business sense. catalyst to create innovation within learn more about the program, visit add 2 million jobs in the next 10 could lessen the traffic impact on It provides immense entrepreneurial our historic downtowns, while see- www.TNECD.gov. the interstate. years. Industry sales — driven by growth in local economies, dispos- The number of admissions sus- able income and population — will pensions at state nursing homes in post the strongest growth in the 2007 more than doubled from states of Nevada, Arizona and Utah, 2006, an increase facility adminis- according to the report. trators attribute to more aggressive inspections. Tennessee Department The state has entered into an of Health officials suspended ad- agreement with MySpace that will missions to 22 nursing homes in mean significant changes to help 2007, compared to 10 in 2006 and protect children online, according to nine in 2005. Nursing homes and a release from the state Attorney long-term care have been under General’s office. Tennessee is heightened scrutiny at the federal among every other state in the nation level in recent years as the country’s to be party to the agreement in hopes population ages and life expectancy that the social networking site will grows. Advocates for the elderly implement some much-needed secu- say state and federal sanctions are rity measures to prevent sexual BankBank ofof AmericaAmerica needed to protect the state’s poor, predators from repeatedly using the elderly and disabled population. site to victimize children. State inspectors are citing nursing isis proudproud toto supportsupport homes for more serious violations The state plans to ask a federal than in past years, which can lead to judge to lift a ban on checking the a loss of funding if they are not TennCare eligibility of about TennesseeTennessee MunicipalMunicipal League.League. addressed within 23 days or less. 154,000 people currently on the rolls of Tennessee’s expanded Medicaid An estimated 925,133 motorists in program. Under the 1987 ruling, the Tennessee do not have insurance, state can’t verify the eligibility of the according to a 2006 study by the enrollees, who at one time qualified Pennsylvania-based Insurance Re- for a federal cash assistance program search Council. That is more than for the needy called Supplemental one in five licensed drivers on Vol- Security Income, or SSI. TennCare unteer State roads. Tennessee had officials estimate that at least 1,100 the nation’s sixth-highest percent- of the people protected by the ruling age of uninsured drivers, 21.2 per- are current prison inmates, while an- cent, well ahead of Georgia, ranked other 5,000 may have moved out of 39th with 9.6 percent of drivers un- state. It’s unclear how many others insured. Alabama ranked second, might be affected if the ban is lifted.

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The number of abortions per- trend, decreasing from 16.2 out of formed in the United States dropped 1,000 women in 1992 to 14.4 out of to 1.2 million in 2005, the lowest 1,000 in 2005. level since 1976, according to a new The statistics come from new report. The number of abortions fell research by the Gutt macher Insti- at least in part because the propor- tute, a reproductive-health research tion of women ending their preg- organization. Researchers say the nancies with an abortion dropped 9 drop could be due to a combination percent between 2000 and 2005, of factors: such as more women us- hitting the lowest level since 1975, ing contraception , and more restric- according to a nationwide survey. tions on abortions making it more Bank of America, N.A. Member FDIC. ©2004 Bank of America Corporation. The abortion rate in Tennessee difficult for women to obtain abor- SPN-41-AD mirrored the downward national tion services. Good Risk Management is just Good Management

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5100 Maryland Way • Brentwood, TN • 800-624-9698 Your Partner in Risk Management since 1979. 5-TENNESSEE TOWN & CITY/JAN. 28, 2008 www.TML1.org TML RISK MANAGEMENT POOL A Responsible Partnership BY TOMMY GREEN see Governmental Tort Liability Act TMLRMP President (TGTLA). The act was passed in an effort to balance, (1)the needs of For the last several decades injured persons to recover from local we have lived in a nation that has governments for injury or damage tried to be “everything to every- caused by their negligent acts, and body.” We Americans have (2) the needs of local government to grown to expect others, especially provide public services without re- federal, state, and local govern- sulting in unduly burdensome litiga- ment, to bare many of our respon- tion and/or court awards, that might sibilities by paying a premium, fee result in higher taxes to citizens. or tax for the transfer of that re- Soon after the TGTLA was passed Tommy Green spective responsibility or service. the commercial insurance industry cated members. For several de- This pervasive attitude has caused began to drastically increase the in- cades a majority of the appointed us to become a society that will surance premiums cities were pay- and elected municipal officials in litigate at the drop of a hat if gov- ing, and by the late 70s almost totally Tennessee have taken responsi- ernment fails to perform at our abandoned the municipal insurance bility for controlling losses and individual level of expectations. market. implementing effective risk man- The city of Cookeville closed a $3.2 million loan with the Tennessee Many of us have worked in About three decades ago, a com- agement programs. Municipal Bond Fund to be used on parks and recreation projects and around local government for mittee of Tennessee mayors and These initiatives, along with and streets and roads improvements. Pictured are City Recorder several decades and have lots of municipal administrators organized consistent growth and commit- Cathy McLain, Mayor Sam Sallee, and TMBF’s Joe Muscatello. gray hair to attest to the many by the Tennessee Municipal League ment of TML Pool members, have burdens of society being shifted to began investigating options and al- proven successful in stabilizing local government. There are also ternatives for cities in Tennessee to insurance rates over the long-run Is your TV ready for the switch? many times that local govern- get reasonable insurance premiums and assuring an affordable mu- ments have had to rely on the and stable long term insurance cov- nicipal insurance market in Ten- A law passed by Congress in try are meeting the challenges of the private sector to share some of the erages. Today, the ultimate outcome nessee. 2006 will dramatically impact the transition head on. Their member cost of providing services but that of that committee resulted in munici- The members of the TML way 309,740 Tennessee residents stations have spent more than $5 too comes with a cost. For ex- pal government officials deciding to Pool have taken responsibility for view television, starting in 2009. billion updating equipment and in- ample, up until the early to mid take responsibility themselves for their insurance problems that ex- Television will change dramati- frastructure to prepare for the transi- 80s most municipalities in Ten- creating a stable municipal insur- isted several decades ago and cally on Feb. 17, 2009, when televi- tion. In fact, more than 92 percent of nessee purchased insurance cov- ance provider in Tennessee, the Ten- have collectively solved those sion stations across the country full power television stations are al- erage from private sector com- nessee Municipal League Risk Man- problems by sustaining their complete the federally-mandated ready broadcasting in digital. But mercial insurance carriers. agement Pool. membership in and support of the transition from analog to digital consumer awareness about the tran- In 1973, the Tennessee Gen- The folks responsible for the TML Risk Management Pool television (DTV) broadcasting. sition still lags. eral Assembly passed the Tennes- success of the TML pool are its dedi- partnership. And while consumers have much to Local officials have a unique gain – including more free channels platform to help inform and educate and the crystal clear pictures and constituents about the DTV transi- sound of digital – 309,740 Tennes- tion. To help with that educational Municipal Administration Program see households that receive televi- process, NAB has developed a kit to sion through antennas risk losing help explain the transition to com- February Schedule television reception unless they take munity residents. Included in the simple steps to upgrade. tool kit are a powerpoint presenta- Those most disproportionately tion, a sample press release, sample affected by the DTV transition will speeches to deliver at civic meet- Conflict Management Workshop (6170) be older Americans, minority popu- ings, a sample op ed piece, back- In this course, participants will Franklin Williamson County Expo- lations, the economically disadvan- ground sheets, and more. identify their current style of conflict sition Center, 4215 Long Lane taged and those living in rural areas. For more information go to management, define the process of Jackson West Tennessee Center for The National Associations of www.DTVanswers.com, or contact conflict management, and develop Agricultural Research, Extension, Broadcasters (NAB) is taking the Vinnie Mascarenhas, NAB director the skill set for effective conflict and Public Service, 605 Airways DTV transition very seriously, and of external relations, at 202- 429- management and resolution. Boulevard television stations across the coun- 5358 or [email protected]. Highlights include understand- Dates and locations Knoxville University of Tennessee ing what creates conflict and tech- Feb. 5 Bartlett Conference Center, 600 Henley niques of reactive and pro-active Feb. 6 Jackson Street Electronic filing to Ethics management. Feb. 12 Knoxville To register for this municipal Instructor Feb. 13 Johnson City administration program class, Commission not required MTAS training consultants Feb. 19 Collegedale please visit the MTAS web site at ETHICS from Page 1 arguments when it met on Jan. 15 for Feb. 21 Franklin www.mtas.tennessee.edu or contact age of these individuals do not cur- its regularly scheduled meeting. The Who Should Attend Elaine Morrisey at Elaine.morrisey rently have e-mail accounts and will commission concluded that al- This course is designed for all mu- Training Facilities @ tennessee.edu. or 865.974.0411. have to establish such in order to though the issue was not free from nicipal employees who deal with Bartlett Bartlett Performing Arts For program information, con- comply with mandated electronic doubt, the better legal argument was situations involving conflict or pos- and Conference Center, 3663 tact Kurt Frederick, MTAS Training filing. Currently, the Tennessee that the commission had no authority sible conflict in the workplace. Appling Road Consultant, at 615.253.6385 or e- Municipal League is still mailing to require filers other than lobbyists Collegedale Collegedale City Hall, mail [email protected]. materials to more than 200 munici- and employers of lobbyists to file by Time 4910 Swinyar Drive Fees are $25 per person per class for pal elected officials.” electronic means. Public administration courses begin Cookeville Town Center, One West municipal employees and $55 per As a result of TML’s letter and The act expressly requires lob- at 8:30 a.m. and conclude at 12:30 First Street person per class for all other partici- other correspondence received, the byists and employers of lobbyists to p.m. pants. commission’s general counsel ex- file by electronic means. TCA § 3-6- amined the provisions of the 2006 302(a). The act also requires that the Process drafted for line of succession Comprehensive Governmental Eth- commission “strive to establish elec- ics Reform Act that deals with elec- tronic filing for all documents re- GOVERNOR from Page 1 the secretary of state, the comptrol- In order for the voluntary trans- tronic filing and determined that quired to be filed with the commis- After meeting four times over ler of the treasury, and the treasurer. fer of power to take place, the gover- elected or appointed local officials sion.” TCA § 3—6-115(e). Finally, the past year, the eight-member These officers would not have the nor would surrender his or her au- may file disclosure statements in the Act provides that “[t]he commis- committee presented its final report opportunity to decline the temporary thority by written declaration for a paper format. The commission also sion shall establish rules specifying earlier this month. exercise of the governor’s powers. period of time. granted an extension for the filing, the manner in which a report, state- The panel recommended that if The panel did not recommend The committee also addressed electronically or by paper, to Feb. ment or other documents shall be a governor became incapacitated, for or against having an elected lieu- the serious issue of an involuntary 15. Printable forms will be available filed.” TCA § 3-6-115(e)(2). The the lieutenant governor would be tenant governor, but acknowledged process for taking away the on the web at www.tn.gov/sos/tec/. commission currently has no such first in line to succeed the governor. in its report that there have been governor’s powers and duties with- “In light of the confusion on this rules in force. The issue was The next in line would be the speaker proposals to make that position a out his or her consent in dire situa- issue and some interruptions in the whether, in the absence of any such of the House and then secretary of constitutional officer of the state that tions such as mental instability. availability of the electronic filing rules, the commission had authority state. was elected by popular vote. The 33- To initiate the involuntary pro- system, the commission does not in- to require filers other than lobbyists Under constitutional law, no member state Senate currently elects cess, the attorney general files a pe- tend to impose any sanctions for and employers of lobbyists to file by one can serve in the legislative and the lieutenant governor, who also tition with the Tennessee Supreme failure to file the required statement electronicly. executive branch at the same time, serves as speaker. Court seeking a declaration that the by Jan. 31, so long as the statement is The commission reserved a de- which means the lieutenant gover- If the state’s constitution were governor is unable to perform the filed, electronically or by paper, by cision on the question whether, by nor, who also serves as speaker of amended to create the office of lieu- powers and duties of the office. The February 15,” said Donald J. Hall, promulgation of an appropriate rule, the Senate, would have to resign that tenant governor, then that office provision grants the Supreme Court Tennessee Ethics Commission the commission could require all fil- position to temporarily become would presumably become first in original jurisdiction to hear the peti- chair. ers to file by electronic means. If governor.The speaker of the House, the line of succession. tion. The commission considered the such rules were proposed, the Com- who is next in line, would have to do forgoing provisions of the act, and mission assured TML that it would the same. other provisions, and various legal seek input for our members. The committee felt that it was TML requests e-mail addresses unfair to require either speaker to give up their position to exercise the The quickest way to keep city To receive the TML Legisla- New benchmarking goals governor’s powers and duties for a officials apprised of legisla- tive Bulletin by e-mail or fax, brief period of time. Yet, the com- tive happenings is through e- please send your contact infor- added to Three-Star process mittee also recognized that at some mail or fax. Each Friday dur- mation to Mona Lawrence, by point someone has to take the job. As ing the legislative session, fax at 615-255-4752, by e- THREE-STAR from Page 1 Three-Star Program and to view a result, the proposed amendment in Tennessee recognition program, Three-Star Program requirements, TML prepares and distributes mail to mlawrence@TML1. allows the respective speakers to a weekly bulletin . recognizing organizations achiev- visit www.tennessee.gov/ecd/ pass on becoming governor. The org, or call 615-255-6416. ing the highest standards of excel- 3star.htm. line of succession would extend to lence in their operations and results. Certified Three-Star communi- ties may be eligible for a free evalu- ation by an examiner team from TNCPE, which will assist them in performance excellence strategic plan implementation. For more in- formation, visit www.TNCPE.org or call 800-453-6474. “It is a lot of hard work to create a measurable face of change,” said Keifer. “Three-Star communities should focus on foundations moving forward (with the benchmarks pro- cess.) Yet, there’s no rush. We’re trying to educate cities about these changes by adhering to our three- step motto: educate, organize, and mobilize.” For more information about the www.TML1.org 6-TENNESSEE TOWN & CITY/JAN. 28, 2008 City officials attend TML District Meetings

District 4: A refurbished theater on the downtown square provided the perfect spot to hold District 4’s meeting. District 4: Sparta city officials helped welcome TML members to the District 4 meeting.

District 4: City officials were treated to some traditional bluegrass music during the breakfast portion of the meeting.

District 3: J.H. Graham, III, Crossville mayor; Ronnie Kelly, Cookeville water & sewer director; and William Curtis Hayes, Livingston mayor.

District 4: Jack Yates, Pleasant Hill vice mayor; and Jim Olds, Pleasant Hill mayor.

District 4: Sally Oglesby, Crossville city clerk; Joe Muscatello, Bond Fund representative; and Mike Turner, Crossville interim city manager.

District 1: Chad Jenkins, TML deputy director, update city officials on TML’s 2008 legislative priorities.

District 1: Staff and city officials from Mt. Carmel attended the District 1 meeting held in Johnson City.

District 1: Dennis Phillips, Kingsport mayor, and Jim Messimer, Bristol councilmember.

Photos by Carole Graves

District 1:Tim Whaley, Kingsport communications and government relations; William Donald Lewis, Erwin mayor; and Randy Trivette, Erwin city recorder. 7-TENNESSEE TOWN & CITY/JAN. 28, 2008 www.TML1.org

Advertising: $9.25 per column inch. No expansion of West Tennessee Healthcare charge to TML members. Send advertising Sportsplex services. B. S. degree in Market- to: TT&C Classified Ads, Mona Lawrence, ing, Advertising, Business Administration 226 Capitol Blvd. Suite 710, Nashville TN or a related field. Generous benefit package; 37219; e-mail: mlawrence@ TML1.org; or beginning salary: $45,000.00 plus commis- fax: 615-255 4752. sion. EOE/M/F/V/D. Minorities are en- couraged to apply. Job Description on city BUILDING INSPECTOR web site: www.cityofjackson.net. Please PORTLAND.The city of Portland is ac- contact the City of Jackson, Personnel De- cepting applications for the position of partment, 127 E. Main St., Ste. 303, Jack- Building Inspector until filled. The position son, TN 38301: Phone 731- 425-8252: Fax is responsible for the inspection work in the 731-425-8673 enforcement of state and local regulations. This person performs on site building and FINANCE DIRECTOR/ASSISTANT TO structure inspections for compliance with THE MANAGER state and local codes and regulations. They Black Mountain, NC (pop. 7,700). Salary: must ensure that land and building usage DOQ/E. Position reports to Manager and is conform to health, safety, and zoning regu- responsible for administration of the depart- lations. The Building Inspector advises the ments of Finance and Water Administra- public and contractors concerning building, tion. Duties include: supervising the finan- electrical, plumbing and other regulations cial activities of the Town; oversight of and codes concerning construction. The sal- preparation of three-year financial plan and ary range is $30,290 - $42,405. Application five-year CIP; contract administration (in- may be obtained from the Receptionist or cluding IT oversight); and, performing vari- Human Resources Department, City Hall, ous projects for the Manager. The Town District 3: John Proffitt, Athens mayor, and Jim Adams, Soddy Daisy commissoner, visit during 100 South Russell Street, Portland, TN seeks an experienced financial professional TML’s District 3 meeting held in Collegedale. 37148 or at www.cityofportlandtn.gov. Re- who has experience or is interested in ex- sumes send to [email protected] or panding their skills into other administra- fax to 615-325-5345. For more informa- tive areas. A combination of education and tion, call 615-325-6776. experience equivalent to graduation from an accredited college or university with major CITY MANAGER course work in finance, public administra- ELIZABETHTON.The city of tion or related field and extensive experi- Elizabethton is seeking applicants for the ence in municipal government desired. Sal- position of City Manager. Salary DOQ plus ary range: $50,565-$75,837. Job descrip- excellent benefits. Current salary mid- tion and application (required) available at $90’s. Manager responsible for 240 full- www.townofblackmountain.org. Return time employees and $14 million general to: Town Clerk, Town of Black Mountain, fund budget. Position answers to seven- 102 Montreat Road, Black Mountain, NC member council. Mayor chosen by Council. 28711. Position open until filled. EOE Must be a proven manager with top-notch communication and team-building skills. PLANNING ADMINISTRATOR At least five years’ experience as City Man- MEMPHIS/SHELBY COUNTY. The city ager/Assistant City Manager or equivalent. of Memphis and Shelby County is seeking Bachelors degree required, Master’s or applicants for the position of Planning Ad- equivalent experience preferred. Applica- ministrator. Requirements include Master’s tion is a public record. Send resume by Degree in City/County or Regional Plan- February 8, to Department of Human Re- ning plus 7years experience in urban plan- sources, Attn: City Manager Position, 136 ning or Bachelor’s Degree in planning, en- South Sycamore Street, Elizabethton, TN, gineering, public administration, architec- 37643. Fax: 423-547-6249. For more infor- tural, or the social sciences plus 10 years mation, call 423-547-6248 or email: professional experience in the field of plan- [email protected]. ning. Five years in Executive/Planning Di- rector capacity is required. Submit resume CIVIL ENGINEER by visiting www.watersconsulting.com/re- OWASSO, OK. The city of Owasso Public cruitment or for more details on the position. Works Department seeks a civil engineer to Position open until filled. work under the direction of the Engineering District 3: David Mays, East Ridge city manager, and Chris Dorsey, Red Bank city manager. projects manager and the Public Works di- POLICE LATERAL ENTRY PROGRAM rector, and will be responsible for reviewing JACKSON. The Jackson Police Depart- subdivision submittals, generating docu- ment is now accepting applications for its ments for city authorities, and working with Lateral Entry Program thorugh Friday, Feb. other engineers for the design and construc- 8, 2008. Minimum qualifications include: tion of small capital improvement projects. Current P.O.S.T. certification or out-of- Requirements: Bachelor’s degree from an state certification acceptable to the Tennes- accredited college or university with major see P.O.S.T. Commission (minimum of four study in civil, environmental or transporta- hundred (400) hours). Starting salary 1 year tion engineering, construction management as a certified officer $15.50/hr.,$32,240; 2 or a related field; two to three years of years as a certified officer $15.99/ experience in professional civil engineering hr.,$33,259; 3 years as a certified officer work, preferably in the area of design and/or $16.36/hr., $34,029; four or more years as a construction of streets and roadways; pos- certified officer $16.72, $34,770. Career session of an Engineer-In-Training (EIT) Police Patrol Officers receive annual step certificate preferred; and all education re- increases on our P-Program, up to a maxi- quirements must be verifiable from records mum of $43,276 with 14 years of service of satisfactory completion of courses. Join topped out Patrol Officer pay, in addition to a team dedicated to improving the lives’ of any annual cost of living increase. Required its citizens through innovative engineering documents to be on file by February 8, 2008: and public works concepts. Visit application, high school diploma or www.cityofowasso.com. Send resumes to: GED,valid driver’s license, Social Security [email protected] or Human card, birth certificate, DD-214 (If appli- Resources, P.O. Box 180, Owasso, OK cable), full face photo, basic Police Acad- 74055. Position open until filled. emy certificate, Tennessee P.O.S.T. certifi- cate. Out-of-state candidates must submit DIRECTOR OF BUILDING & HOUSING Basic Police Academy curriculum. Re- CODES quirements: Entrance exam (score must be JACKSON. The city of Jackson is accepting at least 70); In-depth background applications now through Friday, February investigation;physical exam (must satisfac- District 3: Lynn Wampler, Signal Mountain interim city manager, and Margaret Mahery, TML 22, 2008 for The Director of Building & torily pass after offer of employment);drug executive director. Housing Codes responsible for the overall screen (must satisfactorily pass after offer of planning, organizing and direction of all employment); psychological exam (must activities of the Building and Housing satisfactorily pass after offer of employ- Codes Department, including the effective ment). Apply at the city of Jackson Person- and efficient operation of a Construction nel Department at City Hall, 127 East Main Codes Enforcement Program. Specific job St., #303, Jackson, TN 38301. include: plan, design, organize, direct and provide overall supervision, programs and PUBLIC WORKS DIRECTOR activities for the Building and Housing OWASSO, OK. City of Owasso, Ok is seek- Codes Department; direct the preparation of ing resumes for Public Works Director; po- the annual departmental budget, and control sition is responsible for planning, organiz- the expenditures; responsible for the en- ing, directing, and coordinating the activi- forcement of construction and zoning ties of the Public Works Department. Re- codes; responsible for ensuring that all con- quirements: Bachelor’s Degree from an ac- struction, alteration and repairs to houses credited college or university, Masters of and commercial buildings conform to struc- Science in Civil Engineering or related field tural safety regulations and requirements; preferred; P.E. certification a plus; Five meet with contractors and the public to dis- years increasingly responsible experience in cuss complaints/problems/suggestions and a broad range of municipal services includ- criticisms. College Degree from an accred- ing engineering/architectural design or op- ited college in the area of Codes Enforce- erations, refuse system operations, water/ ment/Construction/Architectural systems wastewater and/or street maintenance; or a related area. Experience may be substi- Oklahoma Class “A” license as Wastewater tuted for education. Generous benefit pack- Operator and Oklahoma Class “A” license age; beginning salary $56,950.00. EOE/M/ as Water Operator or ability to obtain; other F/V/D. Minorities are encouraged to apply! combinations of experience and education Job description on city website: that meet the minimum requirements may be District 3: Honna Rogers, MTAS, and Linda Bennett, Chattanooga Councilmember and District www.cityofjackson.net. Please contact the substituted. For more information, visit 3 director. City of Jackson, Personnel Department, 127 www.cityofowasso.com. Position open un- E. Main Street, Suite 303, Jackson, TN til filled. 38301. Phone 731-425-8252 or Fax 731- 425-8673. WASTE WATER TREATMENT PLANT SUPERVISOR DIRECTOR OF MARKETING/PROMO- OWASSO, OK. The Public Works Depart- TIONS ment seeks a Wastewater Treatment Plant JACKSON. The city of Jackson is accept- Supervisor to service a population of ing applications for the position of Director 33,858. The hired professional will work of Marketing/Promotions now through Fri- under the direction of the Public Works day, February 8, 2008. The purpose of this Director, and will be responsible for coordi- position is to develop a comprehensive mar- nating, supervising, and reviewing the ac- keting, promotional and advertising plan to tivities relating to the operations and main- make the West TN Healthcare Sportsplex a tenance of the City of Owasso wastewater successful venture. This person will service treatment facilities as well as monitoring existing sponsors and increase sponsorship projects, providing technical expertise, and base. Specific job duties include providing responding to after hour problems and emer- leadership and direction in the development gencies. Requirements: Associate’s De- of short and long range plans; gather, inter- gree in biology, chemistry, engineering, or a pret, and prepare data for studies, reports related field; five years of increasingly re- and recommendations; coordinate depart- sponsible supervisory experience in waste- ment activities with other departments and water treatment operation and mainte- agencies as needed. Assure that assigned nance; minimum of three years experience areas of responsibility are performed within must be at the Class A level; possession of budget; perform cost control activities; an Oklahoma Class A wastewater works monitor revenues and expenditures in as- operator certification; possession of an signed areas to assure sound fiscal control; Oklahoma Class B wastewater laboratory prepare annual budget; assure effective and certification.See www.cityofowasso.com efficient use of budgeted funds, personnel, for more information. Send resume to District 3: Sara Burris, Soddy Daisy city recorder, Janice Cagle, Soddy Daisy city manager, materials, facilities, and time. Develop and [email protected] or Human execute marketing, promotional and adver- Resources, P.O. Box 180, Owasso, OK and Commissioner Adams listen as TML staff give an update on legislative activities. tising plans and programs, both short and 74055. Position open until filled. long range, to ensure the profit growth and www.TML1.org 8-TENNESSEE TOWN & CITY/JAN. 28, 2008

Tennessee Municipal League 2007-2008 Officers and Directors Nation’s municipal leaders want funding PRESIDENT Tommy Green, Mayor, Alamo for key programs, stimulate the economy VICE PRESIDENTS Tom Beehan Efforts to secure continued fed- lem-solving and a federal partner- enforcement programs. Mayor, Oak Ridge Royce Davenport eral funding to support local initia- ship. The answers to these chal- • Provide full funding ($2 bil- Mayor of McMinnville tives including transportation, pub- lenges will help determine the type lion) for the new Energy and Dale Kelley lic safety and energy and the envi- of country we will be living in during Environment Block Grant TENNESSEE Mayor, Huntingdon the next 20 years. We cannot delay.” Program. DIRECTORS ronment, as well as finding solutions Let us know the particulars about Alan Barker The meeting of NLC’s officers • Enact comprehensive immi- to the crisis in the housing market are your most important festivals at least Mayor, Humboldt among the top issues that the Na- and Board of Directors, which in- gration reform that addresses Linda Bennett six weeks in advance of the event. E- Councilmember, Chattanooga (District 3) tional League of Cities (NLC) will cluded 39 mayors, council members, border security; interior as well Ed Craig bring to Congress as lawmakers re- and representatives from several as workforce enforcement; guest mail Victoria South at vsouth@ City Manager, Shelbyville (District 6) TML1.org or fax to 615-255-4752. Jean Davis turn this month. Working on behalf state municipal leagues from across workers; legalization of undocu- Vice Mayor, Cookeville of the nation’s cities and towns, NLC the nation, led to strong consensus mented workers currently in the Karl Dean also will work to refocus federal at- and the development of the 2008 U.S.; and support for services Feb. 7-9 Smoky Mountains Mayor, Metro Nashville Johnny Dodd, tention on the need for immigration federal lobbying agenda and strate- provided by cities and towns. Storytelling. Festival Pigeon Councilman , Jackson reform. gies for working with Congress. In addition, the leadership meet- Forge.Storytelling concerts and Eddy Ford, Specifically NLC’s federal lob- ing focused on the upcoming presi- Mayor, Farragut Concluding a three-day leader- workshops, plus the National Youth David Gordon, ship planning meeting in St. Peters- bying agenda for 2008 includes urg- dential elections and the transition to Storytelling Showcase. For more in- Mayor, Covington burg, Fla., this past weekend, NLC ing Congress to: a new Administration and Congress. formation, call 800-251-9100. Bill Haslam Mayor, Knoxville officials said the upcoming year was • Provide full funding for fed- NLC officials outlined several criti- W.W. Herenton a critical time to address looming eral transportation programs cal concerns that they would like to March 1-2 Middle Tennessee State Mayor, Memphis problems that directly affect the fu- and collaborate with local see addressed in the ongoing cam- University’s 8th American Indian Ron Littlefield Mayor, Chattanooga ture quality of life in their communi- elected officials on the reautho- paign. Festival 1720 Greenland Dr. Keith McDonald (District 8) ties. rization of the surface transpor- “Seven out of ten Americans Murfreesboro. Comfortable indoor Mayor, Bartlett tation infrastructure program. live in a city, town or village in this Mitch Moore “To change America, you have arena, free parking. For more infor- City Manager, Athens (TCMA) to do it one community at a time,” • In response to the mortgage fore- country,” said McCollum. “When mation, call 615-796-4210. Jane Myron, said NLC President Cynthia closure crisis, support legisla- our communities thrive, our country Vice Mayor, Johnson City (District 1) tion that would strengthen and thrives. We need to talk about what Tommy Pedigo McCollum, council member from March 8 Fifth annual Féile Franklin Mayor, Sparta (District 4) Madison, Ala. “Given what is cur- stabilize America’s housing fi- we must do as a country to remain Historic Downtown Franklin cel- Johnny Piper rently happening to the economy, the nance system by reforming the strong.” ebrates St. Patrick’s Day early with Mayor, Clarksville John Proffitt significance of investing in infra- mortgage process, curbing preda- NLC is the nation’s oldest and Féile (pro: “FAY-LA”) Franklin, a Mayor, Athens structure and resolving the housing tory lending, and providing fore- largest organization devoted to Celtic festival on historic Main Charles Rahm crisis cannot be underestimated; in closure mitigation assistance. strengthening and promoting cities Street. Streets will be filled with Councilmember, Jackson (District 7) Charles “Bones” Seivers fact, they can be used as tools to help • Help local communities ad- as centers of opportunity, leadership Irish music, dance, food and fun. It’s President-CEO, Tennessee Municipal Bond stimulate the economy. As the local dress recent violent crime and governance. NLC is a resource a free street festival from noon to 6 Fund trends, by supporting federal and advocate for 19,000 U.S. cities, Kay Senter elected leaders of America’s home- p.m. with a ticketed beer tasting in Vice Mayor, Morristown (District 2) towns, we stand ready to do our part, crime intervention and preven- towns and villages, which collec- the Main Street area shops from 6 to Ron Washington but these issues demand joint prob- tion programs, as well as law tively serve 218 million people. 9 p.m. Tickets available at The Heri- Councilmember, Murfreesboro Ken Wilber tage Foundation of Franklin and Mayor, Portland ( District 5) Williamson County and Davis Kidd PAST PRESIDENTS Youth invited to attend NLC conference Booksellers in Nashville or on the Tommy Bragg (2006) Mayor, Murfreesboro website www.historicfranklin.com. John Franklin Jr (2005) Councilman, Youth delegates will learn about federal legislation that affects cities Chattanooga BY TIFFANY MITCHELL To order tickets by phone, call 615- and towns. Bob Kirk (2004) Alderman, Dyersburg Nation’s Cities Weekly federal issues that impact cities as 591-8500. All proceeds will go to Tom Rowland (2002) Mayor, Cleveland Last year, youth delegates dis- well as NLC’s lobbying priorities Downtown Franklin Association for Sam Tharpe (2001) Vice Mayor, Paris cussed key issues and concerns with Dan Speer (1997) Mayor, Pulaski Municipal officials are encour- for the year, offering a chance to be promotion and continued revitaliza- the chairs of NLC’s Council on aged to bring youth ages 15 to 18 part of an important dialogue and tion of the historic district. TML AFFILIATED ORGANIZATIONS gain information they can use to take Youth, Education, and Families and (Ex-Officio Directors) who are involved in youth councils Tennessee Municipal Attorneys Assn. or other leadership roles to NLC’s action at home. This involvement in two of NLC’s policy and advocacy Barbara Lapides, Millington 2008 Congressional City Confer- and knowledge of the legislative committees — the Public Safety and Tennessee Municipal Judges Conference Crime Prevention Committee, and Ewing Sellers, Murfreesboro ence in Washington, D.C., on March process allows teens to play a role in Tennessee Chapter, American Public Works 8-12. The conference offers youth shaping the policies that affect them the Energy, Environment and Natu- Richard Whaley, Maryville delegates an opportunity to learn and gives them important skills that ral Resources Committee. Tennessee Government Finance Officers Assn. about how federal policy and legisla- prepare them for future civic leader- Finally, this conference offers John Troyer, Knoxville tion affects their cities and towns. ship. youth delegates the unique opportu- Tenn. Assn. of Housing & Redevel. Auth. Youth participation in the Con- A number of the general confer- nity to join local officials at meetings Dow Harris, Cookeville Feb. 24-26:Green Development Tennessee Building Officials Assn. gressional City Conference has sig- ence sessions focus on the details of with congressional leaders and staff Conference entitled “Green Devel- Jim Brown, Bartlett nificantly increased in recent years. the current federal policy debates in on Capitol Hill, making the confer- Tennessee Fire Chiefs Assn. opment: Good for Water and the This year, approximately 150 youth areas of concern to city leaders. In ence an unparalleled learning, net- David Baxter, Murfreesboro Bottom Line” held at the Nashville Tennessee Assn. of Air Carrier Airports are expected to attend. Youth are this context, youth delegates who working and leadership develop- Sheraton Music City Hotel and Larry Cox, Memphis considered full delegates at the con- attend this conference often have the ment experience for young people Tennessee Association of Chiefs of Police hosted by The Tennessee Depart- ference and are encouraged to par- most positive experiences when who attend. John Lowry, Johnson City ment of Environment and Conserva- Tennessee Water Quality Management Assn. ticipate in all workshops and general they have had the benefit of some Details: Registration fees are dra- tion in partnership with the Ken- Jack Graham, Maryville sessions. advance preparation and discussion matically reduced for youth del- Tennessee Recreation and Parks Assn. tucky Department for Environmen- Beginning on Sunday, March 9, in their own community. egates. The deadline for advance Dennis Suiter, Martin tal Protection and the U.S. Environ- Tennessee Chapter, American Planning there will be a number of “youth- Youth Sessions registration and housing requests for Assn. mental Protection Agency. More in- only” events to provide context and a Youth-only sessions will show- the Congressional City Conference Steven Neilson, Brentwood formation available at http:// Tennesseee Personnel Management framework for the conference, and case youth councils from around the is February 4. For more information www.outreach.utk.edu/ Association to allow the youth to network and country engaged in local policy de- about youth delegate participation at Vicki Burton, Jackson the Congressional City Conference, GreenDevelopment/. Tenn. Assn. of Municipal Clerks & discuss key policy issues with their cisions. Youth will also engage in a Recorders peers and with local elected officials discussion with local elected offi- contact Tiffany Mitchell at (202) Connie Kittrell, Gallatin cials about their roles in addressing 626-3014 or [email protected]. Tennessee Assn. of Public Purchasing from across the country. Susan White, Jackson TN Section, Institute of Transportation Engineers Greg Judy, Nashville Tennessee Public Transportation Association Tom Dugan, Chattanooga Rain or shine, Tennessee Fire Safety Inspectors Does your city Tommy White, Sevierville Assn. of Independent and Municipal Schools sleet or hail, Wayne Miller, LenoirCity every day is perfect TML ASSOCIATE PARTICIPANTS DIAMOND LEVEL MEMBERSHIP Bank of America need money for for a GovDeals sale! GOLD LEVEL MEMBERSHIP Bank of New York Trust Company, N.A. ING Financial Advisers, LLC SILVER LEVEL MEMBERSHIP AT&T Kendall Metering Systems & Solutions Redflex Traffic Systems capital projects? Sensus Metering Systems BRONZE LEVEL MEMBERSHIP Adenus Technologies Alexander Thompson Arnold, PLLC Charter Communications LaserCraft, Inc. Scott Companies If your pipes are calling, call the Tennessee Municipal Bond Online Government Thompson Engineering Vaughn & Melton Fund for all your financing needs. Surplus Auctions—24/7 Williams Equipment CORPORATE LEVEL MEMBERSHIP AMEC Earth & Environmental Visit GovDeals.com today Askew Hargraves Harcourt & Associates, LLC We offer: or call 1-866-377-1494 Barge, Waggoner, Sumner, & Cannon, Inc. BellSouth Telecommunications Buxton • low rates, Christopher Burke Engineering, LTD TENNESSEE MUNICIPAL LEAGUE STAFF CMI Equipment Sales, Inc. • lowest costs and Margaret Mahery, Executive Director Comcast Cable Communications Chad Jenkins, Deputy Director Concrete Paving Association of Tennessee Mark Barrett, Legislative Research Analyst DBS & Associates Engineering • best service. Carole Graves, Communications Director Education Networks of America Edna Holland, Government Relations, TML/RMP Employee Benefit Specialists, Inc. John Holloway, Government Relations Florence & Hutcheson, Inc. Debbie Kluth, Dir. Marketing & Member Services Geothermal Utilities, LLC Mona Lawrence, Administrative Assistant Johnson Controls Denise Paige, Government Relations Jordan, Jones & Goulding, Inc. Victoria South, Communications Coordinator J.R. Wauford & Co. Consulting Engineers, Gael Stahl, Editor, Tennessee Town & City Inc. Sylvia Trice, Director of Conference Planning Local Govt. Corporation The Malone Company We’re making great cities even better. Manatron, Inc. TENNESSEE TOWN & CITY Mattern & Craig, Consulting Engineers, Inc. (ISSN. No. 0040-3415) Publication No. 539420 McGill Associates, P.A. One loan at a time. — Official publication of the Tennessee Mu- Metropolitan Nashville Airport Authority nicipal League. Publisher: Margaret Mahery Nashville Tractor & Equipment, Inc. (615) 255-1561 (mmahery@ TML1.org); Editor: Gael Stahl Nortel (gstahl@ TML1.org); News briefs: Carole Phoenix Tank Services Graves ([email protected]; Phone: 615-255- Rush Truck Center, Nashville 6416. Advertising: Publisher reserves the right Smith Seckman Reid, Inc. to reject any advertising deemed unacceptable. SSR Ellers Inc. Fax classified ads to TT&C: Attention Mona Stowers Machinery Lawrence at 615-255-4752, or e-mail Tennergy Corporation [email protected]. Fax advertising copy to Tennessee Cable Telecomunications Assn. TT&C: Attention Debbie Kluth at 615-255-4752, Tennessee Energy Acquisition Corporation or e-mail to dkluth@ TML1.org. Opinions ex- Tennessee Fiber Optic Communities pressed non League officials or staff do not Thompson & Litton, Inc. necessarily reflect policies of TML. Tennessee Thompson Machinery Town & City is published, semi-monthly, 20 TLM Associates, Inc. times per year at 226 Capitol Blvd., Suite 710, Utility Service Co., Inc. Nashville, TN 37219-1894. Periodicals postage Volkert & Associates paid at Nashville, TN. Subscription rates: $6 per Waste Management year to members, $15 to nonmembers, $1 a copy. Wiser Company, LLC Postmaster: Send changes of address to Ten- nessee Town & City, 226 Capitol Blvd., Suite 710, Nashville, TN 37219-1894. 9-TENNESSEE TOWN & CITY/JAN. 28, 2008 www.TML1.org www.TML1.org 10-TENNESSEE TOWN & CITY/JAN. 28, 2008 John Litz, only crop farmer in the House, also raises shrimp, grapes, sod

BY GAEL STAHL cable television beyond its utility dis- Editor trict out to the Hamblen County line. The cable companies fought hard John Litz’s roots in Tennessee against us but we were successful. farming began with coalminers that MUS is now offering fiber net cable emigrated from Germany to television service out to the city lim- Tazewell, Va. Great-great grandfa- its and is getting ready to move out ther Litz moved to Tazewell in the into the county. 1800s and had 11 children. One of The best legislation the General his son’s, Litz’s great grandfather, a Assembly passed in the five years cattle trader who took up farming in I’ve been here and helped the most Morristown, also had 11 children. people was the lottery scholarship One of his sons, grandfather Litz, program. married and moved to Idaho shortly The worst legislation we as a after serving in World War I but General Assembly passed during my returned after his parents died to raise time here was the ethics legislation. I his younger siblings and run the farm understand that the Tennessee Waltz that passed on to Litz’s father, Howard fueled the fire under it, but the fact is Litz, a life-long, full-time farmer. that everything wrong that the Ten- Howard Litz and Alice Walker Photos by Gael B. Stahl nessee Waltz sting uncovered was of Virginia met at a funeral in already illegal in existing law. The Maryville. Alice had earned a degree Those H2A workers are assigned to I’d been approached to sign that I’m concerned that the way the AT&T sting did what it was supposed to do. from a business college in Knoxville me for up to 180 days and when that same pledge, but I declined because bill is set up to allow them to come in It caught people who were breaking before they married. She was the job’s finished, they have to return to I can’t predict the future. I gave my- and cherry pick where they want and existing laws. bookkeeper for the Morristown their home country. self slack to act in a crisis. don’t want to go. Our overreaction to it limits what school system. Their only son, John, we can do back home. If my bank, born July 24, 1961, graduated high of grapes this year. I have contracted TT&C: When these temporary state income tax and an increase in First Tennessee Bank, has a Christ- school in 1979 and college in 1983, with a winery in Pigeon Forge to sell green card holders finish your job, the sales tax. mas banquet and invites Sen. and inherited the farm in 1990. Litz’s our grapes. can they go work for other employ- I figure if you’re going to give Southerland and me, we can’t go if older sisters also went into agricul- ers? people your word not to do some- we had collected per diem for that ture. They have nursery and green- TT&C: Do you have many fellow JL: Those H2A workers are assigned thing, you should keep it. I’d been day unless we pay for our own meals. house businessses in McMinnville farmers in the legislature? to me for up to 180 days and when approached to sign that same pledge, That’s because the state banking as- and Indiana, across from Louisville. JL: No, we don’t. In the House we that job’s finished, they have to re- but I’ve declined because I can’t pre- sociation has lawyers and lobbyists. Once Litz could walk, he spent still have some cattle producers like turn to their home country. They can’t dict the future. I gave myself slack to The ban also limits them from spend- “a world of time” with his father Stratton Bone, chairman of the Agri- go work for someone else. act in a crisis, because sometimes we ing more than $50 on us. It can get learning farming. When he was three, culture Committee, but I don’t know Migrant workers that are not H2A have to back up and redo things. embarrassing to have to go up and his father ran his belt through the of any full-time farmers besides my- workers also come through, and when When you go out on a limb and just say you have to pay for your meal. front loops of his pants and around self. Gene Davidson used to farm the work is finished in our area, a lot sign a pledge not to do something, If you’re an honest legislator his boy’s waist so they could ride the several thousand acres, in the Senate, of them move over to North Carolina you pretty well tie yourself in and you’re not going to do anything wrong tractor together. Tommy Burks was a farmer. Sen. to cut Christmas trees or up to Vir- can’t serve the electorate by thinking knowingly, and if you’re a dishonest Litz was also influenced by his Charlotte Burks still is. ginia to pick apples and down to on your feet when new circumstances legislator, you’re going to work excellent agriculture teachers at It’s kind of sad there because Florida to pick oranges and citrus arise. around the system. Morristown West High School, Phil farmers can offer a kind of common fruit through the winter. I can almost Wright and Damon Morgan, who put sense that some people don’t have, guarantee that if you eat today, you TT&C: To beat an incumbent, did TT&C: How does Morristown/ a fine edge on his farming skills. because we’ve lived through differ- have had food that has been touched you have good support? Hamblen feel about AT&T’s bill They taught him how to make ent circumstances. We never know by a migrant worker somewhere along JL: I had an opponent in the Demo- allowing it to come in there with a speeches and become comfortable what’s going to go wrong next – the the line. cratic primary, too. I’d never met Joe statewide franchise? talking in front of people to the point weather or a farm injury. In 1994, I Moore before, but we sat down and JL: Hamblen/Morristown is in a of entering a speech contest. He joined injured my left hand in a corn com- TT&C: What percentage of sea- talked and then ran clean races against unique situation when AT&T states and held several offices in the local bine and lost part of my hand includ- sonal workers lack documenta- each other. After it was over, he its big argument: “We bring compe- Future Farmers of America. ing my thumb. My index finger was tion? became one of my biggest supporters tition on costs.” With Charter and At UT Knoxville, he got his bach- removed and made into a kind of JL: I don’t know. We passed immi- and best friends. He helped recruit Comcast cable companies servicing elor of science degree in Agricultural thumb. You just never know. When gration legislation in the House last people to work the polls and get our area and MUS getting out there Mechanization from the College of April comes, it’s time to plant corn year making it a felony for you to people to vote. I give Joe a lot of now, we already offer competition. Agriculture and he shared an apart- and on May 10th it’s time to set to- knowingly hire an illegal immigrant. credit for my winning that race. I don’t know that AT&T would ment with a Morristown boy. He bacco seedlings prepared 10 weeks Everyone who works on our farm has be a big asset to the people in my joined the FarmHouse International before. But what will the weather be? to show us proper identification TT&C: What has being the only district. I’m inclined to vote against Fraternity and enjoyed having time What will your health be? Are you within 72 hours. We don’t work them Democrat to be elected three times it, right now. I’m concerned that the away from home for the first time. going to be able to find workers? One on our farm if they don’t have have taught you? way the AT&T bill is set up to allow The opportunity to be around guys wrong decision could easily cost you proper identification. JL: That if you are interested in them to come in and cherry pick and frat brothers with the same inter- $15,000, $20,000. So when the crop’s being elected for the right reasons, where they want and don’t want to ests and to be part of an organization ready, you’ve got to start at 5 in the TT&C: When did you first get people will elect you whether you’re go. Taking the subdivisions and leav- not connected to his family made him morning and work till 8 or 9 that involved in public service? a Republican or a Democrat. It taught ing the outlying areas for Charter and feel he had a family away from home. night. There have been nights I was JL: The first public service I got me that the philosophy I learned from MUS and Comcast means the others After graduating from college in out spraying fields or combining corn involved with was by running for the my father a long time ago is right. If can’t survive. I’m worried about that. December 1983, Litz returned home till midnight or 1 a.m. to beat the House in 2002. If you’d told me five you look after working people – the It bothers me that if you lose MUS, to help work the 160-acre family weather. years before I would ever run for ones who have their names on their Comcast, and Charter, rural people farm, Litz Farms in Hamblen County. public office, I would have laughed. shirts, who get up every morning and won’t have any cable service at all. In 1999, he bought another farm of TT&C: How does a ruined crop I had no interest in that at all. It got to worry about whether or not they are The citizens of Morristown in- 85 acres. due to weather or a shortage of that point during the state income tax going to have enough money for their vested about $38 million into this In 2002, he beat an opponent in workers affect your legislative debates of 2000-2001. It seemed like children to have a good meal at school, fiber net system. If MUS cable ser- the primary and an incumbent in the style? everybody was saying we had to raise and if their kids are going to be safe vice goes broke, the people of general election to win a seat in the JL: Due to adversity and challenge, taxes, and there wasn’t any effort to when they get on the Internet and Morristown are going to have to foot Tennessee House of Representatives. I know every decision I make here cut spending. I felt they needed to when they go back and forth to school, the bill for that. I’m certainly not in He has served as secretary of the affects someone positively and some- hear from some new voices down and if they have enough money to love with that idea either. Calendar and Rules Committee, vice one negatively. Before I vote, I ask there. pay for health insurance – if you’ll chair of the House Elections Sub- myself, will fewer people be affected My district includes the 58,000 work to take care of those people, TT&C: Did you oppose the ciga- committee, as a member of the Agri- negatively by this legislation? Are people in Hamblen County, and only everybody else will take care of them- rette tax and smoking ban last ses- culture Committee and the State and the positives going to outweigh the three other Democrats had been selves. sion? Local Committee. After his election negatives? Then, you decide. I never elected to a state office there since We men and women in the legis- JL: I was one of 11 that voted against to a third term in 2006, the Demo- forget that we’re dealing with the Civil War. Only one of them was lature are a family even though we’re it on the House floor. It’s hard to cratic Caucus elected him assistant people’s constitutional rights, whe- elected to more than one term, and from different backgrounds and bring stand up against the governor when majority leader. ther state or federal. that was for just two terms. differing philosophies. he and I are of the same party and Litz and his wife, Lisa, were even though he and Speaker Naifeh married in 1987. An Ocala, Fla., na- TT&C: How critical are migrant TT&C: Did the incumbent you ran TT&C: Based on your philosophy have made good decisions on other tive, Lisa has a bachelor’s degree seasonal workers to agriculture? against support an income tax? of service, what legislation have things. I just thought he was wrong in from UT in forestry with a minor in JL: People sometimes get the wrong JL: He did. I’m not saying that was you favored? his thinking on this. I wasn’t success- horticulture and works as a state pro- idea that every Hispanic person they the right thing or the wrong thing to JL: One of the best bills I ever passed ful, and I’ll give the governor and the bation and parole officer. see is an illegal alien. That’s just not do. The legislators studied the pros was one the city of Morristown speaker due credit. We respected each What little free time farming and the case. The federal government has and cons and made up their minds. brought to me and my senator, Steve other’s feelings. Afterwards, we political service Litz finds, he loves an H2A worker program that allows The problem I had with Stancil Ford Southerland. The city asked us to try shook hands and were ready to move spending it snow skiing in Colorado. seasonal migrants to enter the US. To was that he signed a no-tax pledge, to pass legislation to allow the on. I just felt that smokers have rights get those workers you have to plan then turned around and voted for the Morristown Utility Service to offer too, that they were being unfairly TT&C: What kind of farming do ahead four or five months and get the treated. you do? paperwork taken care of to bring JL: We lease a lot of land and farm H2A workers into the U.S. We em- TT&C: What bills are you spon- about 1,250 acres altogether. We raise ployers have to pay for the transpor- soring this year? about 250 acres of corn, 600 acres of tation to get them here and to take JL: One that comes to mind makes soy beans, and more than 100 acres them back home. We have to pay changes in the lottery scholarship of tobacco. Tobacco is what pays the workers compensation on them and program. Currently, when a student bills. Or, it did in the past, but it is furnish them government approved completes 120 hours, the lottery funds getting tighter and tighter. housing. We have to take them back run out. The problem is that there are I’ve also explored the new op- and forth to the grocery store and kids in my district who paid out of portunities for making a farm living. laundry at least once a week. We their pocket for some hours that In 2002, we built two one-acre fresh- have to pay them about $8 an hour. weren’t eligible for the lottery schol- water shrimp ponds and have been It can be expensive, but you’ve arship. Due to summer school courses raising 17,000 baby or juvenile fresh- got a crop in the fields that has got to or from changing their majors, stu- water shrimp that I sell to local indi- be harvested in a timely manner. dents might have 125 accumulative viduals. When we start cutting tobacco, we’ll hours. The lottery won’t pay for any- Another venture I have is raising employ 15. It would be cheaper to thing over 120 even though the par- and selling about 20 acres of sod, a hire local people if local people were ents paid for 30 of those hours. The turf blend of fescue. available. I began to use migrants students are still locked out from the Two years ago, I started a vine- several years ago when I couldn’t needed hours because they went over yard but due to last year’s drought find enough local people to do sea- the 120 hour limit. I’m going to do and spring freeze that killed the sonal work. my level best to pass a bill this year to blooms, we hope to get our first crop John and Lisa Litz change that.