STATE OF TENNESSEE
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
DECEMBER 6, 2005

The City Council for the City of Morristown, Hamblen County, Tennessee, met in regular session at the regular meeting place of the Council in the Morristown City Center at 4:00 p.m., Tuesday, December 6, 2005 with Honorable Mayor Gary R. Johnson presiding and the following named Councilmembers present: Claude Jinks, Frank McGuffin, William Rooney, Rick Trent and Mel Tucker; absent: Councilmember Kay Senter.

Councilmember Jinks made a motion to adopt the November 15, 2005 minutes as circulated; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Janice Snider, City Judge informed Council that the Municipal Court Reform Act passed on March 1, 2005 no longer allows City Courts (which don’t have General Sessions jurisdiction) to have jurisdiction over the Financial Responsibility and Handicapped Parking Laws. The City will be losing revenue because the citations already issued will need to be dismissed and future citations will need to be warnings or handled through Sessions Court. There is a Bill in the works to correct the situation but it won’t be passed until early next year.

Representatives from Alcoa/Howmet presented a $7,450 check to Keep America Beautiful to be used for planting trees next spring.

Mayor Johnson presented a proclamation congratulating the Morristown West Lady Trojans Cross-Country Team on winning the State Championship.

Councilmember Jinks made a motion to award the bid for a Digital Video System for the Police Evidence Room to Murrell Burglar Alarms in the amount of $12,214.80. Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Action on Resolution No. 30-05 (Public Safety Qualifications and Standards) was postponed until the December 20, 2005 Council meeting.

Councilmember Jinks made a motion to adopt the following Resolution No. 31-05; Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.

RESOLUTION NO. 31-05
A RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF MORRISTOWN WITH RESPECT TO CITY EMPLOYEES THAT ARE MEMBERS OF THE RESERVE OR NATIONAL GUARD AND HAVE BEEN CALLED TO FULL TIME MILITARY DUTY BY THE PRESIDENT OF THE UNITED STATES OR UNDER THE AUTHORITY OF A GOVERNOR AS MEMBERS OF THE RESERVE OR NATIONAL GUARD.

WHEREAS, members of the Reserve Components of Armed Forces of the United States of America have been ordered to active duty by the President of the United States or under the authority of a Governor as members of the Reserve or National Guard; and

WHEREAS, certain Reserve units and National Guard units have been, or will be, called to active military duty; and

WHEREAS, it is appropriate for the City of Morristown to support the United States of America and its efforts in its military operations; and

WHEREAS, employees of City of Morristown who serve in the United States Armed Forces as a part of the Reserve and National Guard have been called to active military duty or are subject to being called into active duty; and

WHEREAS, the City of Morristown supports its employees who are called to active military duty by the President of the United States or under the authority of a Governor and desires to take steps to help ease the financial burden of those employees who have been called to risk their lives in service of their country; and

WHEREAS, the City Council has determined that special leave with partial pay is necessary for the welfare of those employees of each department of the City of Morristown who have been called to active military duty;

NOW, THEREFORE, BE IT RESOLVED, the City of Morristown, does hereby order and direct the following:

1. Those employees of the City of Morristown who are called to active duty by the President of the United States or under the authority of a Governor as members of the Reserve or National Guard shall, while on such active military duty, be entitled to special leave with partial pay for an additional period not to exceed twenty-four (24) months. Partial pay shall be the difference in the employee's regular base salary and the employee's full time military salary, with a minimum monthly amount sufficient to keep in full force and effect all benefits that the employee had on the date of call to active military duty. The provisions of this resolution shall apply to all said employees that have been called or are later called to such active military duty.

2. Said employees shall remain City employees while on such active military duty for the purpose of (a) accruing sick leave, (b) accruing annual leave, (c) accruing longevity pay, which shall continue to be paid to the employee annually, (d) accruing retirement time in accordance with Tennessee Consolidated Retirement System policies, and (e) maintaining health insurance coverage for all eligible dependents. Provided, however, earnable compensation and retirement benefits shall not be increased or decreased by any partial payment made pursuant to this resolution but shall be computed as if no call to active military duty had occurred.

3. The City Administrator shall establish such rules, regulations, and procedures as are necessary for the implementation and administration of the intent of this resolution as set out above. All departments of City shall fully cooperate with the City Administrator to accomplish the goals of this resolution and to that end shall furnish such information, assistance and reports to, and shall otherwise fully cooperate with the City Administrator.

Passed during regular session of City Council this 6th day of December 2005.

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Mayor

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City Administrator

Councilmember Jinks made a motion to adopt the following Resolution No. 32-05; Councilmember Rooney seconded the motion and upon roll call, all voted “aye”.

Resolution No. 32-05
A Resolution Directing Payment of Tax Equivalent for In-Lieu Taxes by the Morristown Utility Commission.

WHEREAS, Chapter 84, Public Acts of 1987, Tennessee Code Annotated, empowers the City Council to be paid revenues in lieu of taxes by The Morristown Utility Commission; and

WHEREAS, necessary data have been supplied by The Morristown Utility Commission and calculations of tax equivalents payable have been made in accordance with the provisions of Chapter 84, Public Acts of 1987, and other relevant contracts between the taxing jurisdictions;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Morristown, Tennessee, that The Morristown Utility Commission is hereby directed to pay the following amounts of tax equivalents to the respective taxing jurisdictions for the fiscal year beginning July 1, 2005, and ending June 30, 2006.

Jurisdiction Amount
City of Morristown $622.220.02 (77.5%)
Hamblen County $180,644.52 (22.5%)

Total In-Lieu Tax Payable $802,864.54

ADOPTED this 6th of December 2005.

_____________________________
Mayor
ATTEST:

_________________________
City Administrator

Councilmember Tucker nominated Ms. Jackie Jinks to the Morristown-Hamblen Child Care Centers Board of Directors for a two-year term to expire November 20, 2007. Councilmember Rooney made a motion that nominations cease and Ms. Jinks be appointed by acclamation; Councilmember McGuffin seconded the motion.

Councilmember McGuffin mad a motion to approve Change Order #2 to Whaley and Sons in the amount of $633,6543.40 for the Kawasaki site grading. Councilmember Trent seconded the motion and upon roll call, all voted 'aye'.

Councilmember Trent made a motion to table the agreement with Norfolk Southern Railway; Councilmember Rooney seconded the motion and all voted “aye”.

Action on Morristown-Hamblen Library’s request for $2,500 to fund the search for a new director was postponed until the December 20, 2005 Council meeting.

Councilmember Rooney made a motion to commit up to $2,500 toward expenses for a feasibility study on opening a NASCAR Museum in Morristown. Councilmember McGuffin seconded the motion and upon roll call, Councilmember Jinks voted 'no' and all others voted 'aye'.

Councilmember Jinks made a motion to grant Friday, December 23, 2005 as a paid holiday for city employees. Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Mayor Johnson adjourned the December 6, 2005 meeting.

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Mayor

ATTEST:

_______________________________
City Administrator