STATE OF TENNESSEE
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
MARCH 21, 2006

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, March 21, 2006 with Honorable Mayor Gary R. Johnson presiding and the following named Councilmembers present: Claude Jinks, Frank McGuffin, William Rooney, Kay Senter, Rick Trent and Mel Tucker.

Councilmember Jinks made a motion to approve the March 7, 2006 minutes as circulated; Councilmember McGuffin seconded the motion and all voted 'aye'.

A Public Hearing was conducted on the Community Development Block Grant FY2006 Action Plan. There were no comments from the public.

Councilmember Tucker made a motion to renew Evelyn Bryan Johnson’s Airport Manager Contract for another year (6/1/06 – 5/31/07). Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.

Councilmember Jinks made a motion to award the bid for the Evidence Bar Coding System (Police Department) to M&M Micro Systems, Inc. in the amount of $10,850. Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Councilmember McGuffin made a motion to award the bid for the Colgate- Palmolive site-prep to Summers-Taylor in the amount of $1,278,000. Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.

Councilmember Tucker made a motion to approve the following Resolution No. 04-06; Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.

RESOLUTION NO. 04-06
BEING a Resolution by the City Council for the City of Morristown, Tennessee requesting the Tennessee General Assembly to amend or repeal T.C.A. §39-17-1551 regarding regulation of tobacco products so as to grant to local governments, by way of referendum or otherwise, the authority to regulate smoking in public places as well as privately owned places of public gathering, for the protection of those who might otherwise be subjected to the risks of exposure to secondhand smoke.

WHEREAS, there exists publicized irrefutable evidence that the use of tobacco products, and especially smoking tobacco, has great potential for adversely affecting the health of tobacco product users and also those exposed to secondhand smoke. The U. S. Surgeon General in 1964 published a report stating that cigarette smoking caused cancer. Federally mandated warning labels on cigarette packages followed. Various studies since that time have confirmed the hazards and risks associated with exposure to tobacco smoke. According to a 1999 report from the National Cancer Institute, secondhand smoke is now the third leading cause of preventable death in the United States, causing some 65,000 deaths annually; and

WHEREAS, the City Council considers it only fair, and in the interest of the public health and safety, that those citizens wishing to avoid second hand smoke in and about places of public gathering be permitted to do so; and

WHEREAS, the City Council believes that local governments should be permitted to hold referendums on the issue of smoking in places of public gathering, and that the citizens of the local governments, by their vote, should be allowed to vest such local governments with the authority to regulate smoking in places of public gathering, thereby giving a voice to those citizens who wish to avoid the risks associated with secondhand smoke; and

WHEREAS, the authority of the City to regulate the use of tobacco products, and in particular, tobacco products which are smoked, is greatly restricted by the provisions of T.C.A. §39-17-1551, which provides as follows:

"Purpose of part - Exemptions. - The general assembly intends by this part and other provisions of Tennessee Code Annotated to occupy and preempt the entire field of legislation concerning the regulation of tobacco products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, by any agency or political subdivision of the state or any agency thereof is void; provided, that cities, counties and counties having a metropolitan form of government may regulate the use of tobacco products in buildings owned or leased by such political subdivisions; and provided further, that airport authorities created pursuant to the provisions of title 42; utility districts created pursuant to the provisions of title 7; and special school districts may regulate the use of tobacco products in buildings owned or leased by such entities. Notwithstanding any other provision of the law to the contrary, individual owners or operators of retail establishments located within an enclosed shopping mall shall retain the right to determine the policy on the use of tobacco products within such person's establishment.

NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Morristown, Tennessee that:
It petitions the Tennessee General Assembly and Governor Bredesen to repeal the above quoted statute, or alternatively, amend same such as to grant to local governments, preferably by way of referendum, the authority to regulate smoking in public places as well as privately owned places of public gathering, for the protection of those who might otherwise be subjected to the risks of exposure to second hand smoke.

FURTHER RESOLVED: That a certified copy of the foregoing Resolution be forwarded to the appropriate state officials, including the Honorable John Litz, State Representative and the Honorable Steve Southerland, State Senator.

Passed in Regular Session of City Council this 21st day of March 2006.

CITY OF MORRISTOWN, TENNESSEE

BY: ___________________________________
MAYOR

ATTEST:

_________________________________
CITY ADMINISTRATOR

Councilmember Jinks made a motion to adopt the following captioned Ordinance 3242 on first reading and schedule a public hearing relative to final passage of said Ordinance for April 4, 2006. Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3242 Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Tennessee, Appendix B. {Rezoning of property located at 1501 East Morris Boulevard from Light Industrial (LI) to Intermediate Business (IB).}

Mayor Johnson announced that he had appointed Jack Kennerly to the Morristown Regional Planning Commission and William Blackburn to the Morristown Housing Authority Board of Directors.

A discussion was held concerning Civil Service Board reforms. Councilmember Tucker made a motion to authorize the City Administrator to obtain proposals for a management consultant to look at the City’s Civil Service System and recommend changes. Councilmember Jinks seconded the motion and all voted 'aye'.

Councilmember Rooney made a motion to approve an Off-Premise beer Permit for Greeneville Oil and Petroleum for Quick Stop #44, 1516 Buffalo Trail. Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Mayor Johnson adjourned the March 21, 2006 meeting.

________________________________
Mayor

ATTEST:
_______________________________
City Administrator