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STATE OF TENNESSEE 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, October 18, 2005 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.
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
October 18, 2005
Councilmember Jinks made a motion to adopt the October 4, 2005 minutes as circulated; Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.
Mayor Johnson presented a proclamation declaring October 24 – 28th as 'Red Ribbon Week' to Charlotte Pressley, Resident Activities Coordinator, Morristown Housing Authority and Police Officer Ron Sargent.
A public hearing was conducted on the following captioned Ordinance No. 3236. Councilmember Jinks made a motion to adopt said Ordinance on second and final reading; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.
Ordinance No. 3236
Entitled an Ordinance to close and vacate certain rights-of-way within the City of Morristown. {Right-of-way closure on Wintergreen Street.}
Councilmember Jinks made a motion to award the contract for the City’s cell phone service to Verizon Wireless at a cost of approximately $51,000 for 1 year service. Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.
Councilmember Senter made a motion to award the bid for one mid-size 4x4 super cab pick-up to McNelly Whaley in the amount of $18,354. Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.
Councilmember Jinks made a motion to award the bid for three automated external defibrillators to Zoll Medical Corporation in the amount of $6,824 each. Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.
Councilmember Jinks made a motion to award the bid for one heavy duty trash/brush loader to Municipal Equipment in the amount of $81,213. Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.
Councilmember Rooney made a motion to award the bid for two one-ton crew cab 4x2 trucks to McNelly Whaley in the amount of $29,331.60 each. Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.
Councilmember Jinks made a motion to award the bid for one ¾ ton pick-up w/utility bed to Morristown Ford in the amount of $22,259.80. Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.
Councilmember Senter made a motion to award the bid for one extended cab 4x4 pick-up to Morristown Ford in the amount of $20,840.14. Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.
Councilmember Rooney made a motion to award the bid for one regular cab 4x4 pick-up to McNelly Whaley in the amount of $18,894. Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.
Councilmember Jinks made a motion to award the bid for two articulated loaders to Stowers Machinery in the amount of $104,000 each. Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.
Councilmember Rooney made a motion to award the contract for land surveying services for the sanitary sewer extension to Prima Estates to Miller Land Surveying in the amount of $21,150. Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.
Councilmember Jinks made a motion to adopt the following Resolution No. 28-05; Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.
RESOLUTION NO. 28-05
A RESOLUTION TO AUTHORIZE THE CITY OF MORRISTOWN’S PARTICIPATION IN THE TENNESSEE CONSOLIDATED RETIREMENT SYSTEM’S ADDITIONAL LINE-OF-DUTY DEATH BENEFITS PROVIDED BY CHAPTER 446 OF THE TENNESSEE PUBLIC ACTS OF 2001.
WHEREAS, prior to the passage of Chapter 446 of the Tennessee Public Acts of 2001, the law governing the Tennessee Consolidated Retirement System provided that if a Group 1 member dies in service as the natural and proximate result of an on-the-job accident, an annuity equal to one half (1/2) the member's average final compensation shall be paid to the member's surviving spouse or surviving minor child or children; provided, that either and no other person, persons or institution are named by the member in writing on file with the Retirement System; and
WHEREAS, the law further provided if the member's surviving spouse was named, this annuity would continue to such spouse until death. If the surviving spouse died, then this annuity was divided equally among the member's surviving minor children. Each child received such child's share until reaching majority status or death, whichever occurred first, at which time the annuity was redistributed equally among the remaining minor children and ended when the youngest child reached majority; and
WHEREAS, if a surviving minor child or children were named, then the annuity was divided equally among them. Each child received such child's share until reaching majority status or death, whichever occurs first, at which time the annuity was redistributed equally among the remaining minor children and ended when the youngest child reached majority; and
WHEREAS, the above line-of-duty death benefits were not available to the surviving spouse or minor children of the member if the member designated an individual or individuals other than, or in addition to, the member’s surviving spouse or surviving child or children. Further, if the member designated an individual or individuals other than the member’s surviving spouse or surviving child or children, no benefit was due as a result the member’s line-of-duty death unless the member had an account balance or had reached the conditions for a service retirement benefit; and
WHEREAS, Chapter 446 of the Tennessee Public Acts of 2001 amended the above law to provide that:
(1) If the member designated his surviving minor child or children but did not designate his surviving spouse, then the annuity would continue to the member’s surviving spouse after the last surviving child reaches majority status or death. The annuity would continue to the surviving spouse until the spouse’s death.
(2) If the member designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children thereby nullifying the line-of-duty death benefits, such individuals may disclaim the death benefit otherwise payable so that the line-of-duty death benefits can be paid to the member's surviving spouse and surviving minor children.
(3) If the individuals do not disclaim the death benefit as provided above, an annuity will nevertheless be paid the member's surviving spouse and surviving child or children. The annuity would be equal to the line-of-duty death benefit that would have otherwise been payable had the member designated the member’s surviving spouse or surviving minor child or children as beneficiary, minus (i) the actuarial value of the benefits payable to the non-disclaiming beneficiaries, or (ii) in the case of a lump sum payment, the amount of the lump payment made to the non-disclaiming beneficiaries. The annuity has a guaranteed minimum total value of $50,000, minus the (i) actuarial value of the benefits payable to the non-disclaiming beneficiaries, or (ii) in the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. The guaranteed minimum value will be paid in monthly installments calculated on a sixty month basis and divided in the manner prescribed in Tennessee Code Annotated, Section 8-36-108(b)(5)(B) and (C).
(4) The aggregate total death benefits payable by the Retirement System on account of a member who dies in the line-of-duty shall not be less than $50,000, regardless of whom the member designated as his/her beneficiary(ies).
(5) The amendments made by Chapter 446 of the Tennessee Public Acts of 2001 shall not apply to individuals who are members of the Retirement System by virtue of their employment with any employer participating in the Retirement System pursuant to Tennessee Code Annotated, Title 8, Chapter 35 unless the governing body of any such employer passes a resolution authorizing and accepting the associated liability and costs to provide the additional benefits provided by such amendments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morristown, Tennessee hereby authorizes the additional benefits provided by Chapter 446 of the Tennessee Public Acts of 2001 for all its employees who are members of the Retirement System and accepts all costs associated therewith.
Adopted this 18th day of October 2005.
________________________________
Mayor
ATTEST:
_______________________________
City Administrator
Councilmember Jinks made a motion to adopt the following captioned Ordinance No. 3237 on first reading and schedule a public hearing relative to final passage of said Ordinance for November 1, 2005. Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.
Ordinance No. 3237
Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Tennessee, Appendix B. {Rezoning of property located at 3001 West Andrew Johnson Highway from R-2 (Medium Density Residential) to IB (Intermediate Business).}
Hamblen County Commissioner Ricky Bruce gave a power point presentation regarding the Hamblen County Schools Report Card P-16 Council.
Mayor Johnson adjourned the October 18, 2005 meeting.
________________________________
Mayor
ATTEST:
_______________________________
City Administrator