City Council Meeting Minutes

MINUTES OF CITY COUNCIL MEETINGS
SEPTEMBER 2 , 9 and 15, 2003 - 9:00 a.m.

Minutes are not official until approved by the Council at the October Meeting.

The Jackson, Tennessee City Council met for their regular monthly meeting at 9:00 a.m., September 2, 2003, in the George A. Smith Meeting Room at City Hall with Mayor Charles Farmer and Council members John Bannister; Charles "Pepper" Bray; Ernest Brooks, II; Harvey Buchanan; David Cisco; Johnny Lee Dodd; Maurice Hays; Gerry Neese and Charles Rahm present. Also present was Toni Ross, recorder of the minutes.

Council member Charles "Pepper" Bray gave the invocation and led the audience in the pledge of allegiance to the flag.

Mayor Farmer asked if there were any corrections to the minutes of the August 5, August 21 and August 28, 2003 meetings.

Council member Cisco asked to change his "no" vote to a "yes" vote on Council member Buchanan's motion at the August 28, 2003 meeting for a 5% reduction in the budget and that, until things were a little better understood by the citizens of Jackson, the tax rate remain at $1.98. Mayor Farmer advised that according to parliamentary procedure it was not proper to change a vote. Council member Brooks confirmed that Robert's Rules of Order does not allow changing a vote from a previous meeting.

There being no further objections or corrections, the minutes of the August 5, August 21 and August 28, 2003 meetings were approved and signed.

PUBLIC HEARING:

On the motion of Council member Bannister, seconded by Council member Cisco, unanimous approval was given to an Ordinance to rezone property located north of Interstate 40 and west of SR.20 (Hollywood Drive) from B-5/SC-1/FF (Highway Business/Planned Unit Commercial Development/Flood Fringe) District to I-O/FF (Wholesale and Warehousing/Flood Fringe) District, comprising 12.6 acres more or less, submitted by Ed Whalley.

On the motion of Council member Hays, seconded by Council member Rahm, unanimous approval was given to an Ordinance to rezone property located at 224 West Deaderick Street from RG-1/HCC (General Residential/Historic Cultural-Conservation) District to RG-1/HC (General Residential/Historic Cultural) District, comprising 0.4 acres more or less, submitted by Roger Markin.

On the motion of Council member Cisco, seconded by Council member Bray, unanimous approval was given to an Ordinance to establish an occupational safety and health program, devise rules and regulations and to provide for a director and the implementation of such program.

SECOND READINGS:

On the motion of Council member Neese, seconded by Council member Bannister, unanimous approval was given to the Ordinance to Amend Chapter 5, Section 14-504 of the Official Code of The City of Jackson entitled, "Erosion and Stormwater Control."

Council member Cisco made a motion to amend the Tax Rate Ordinance approved at the August 28, 2003, which set the tax rate at $2.46 per one hundred dollars of assessed valuation, to retain the present tax rate of $1.98. The motion died for lack of second.

Council member Neese made a motion to delay consideration of the Tax Rate Ordinance, Budget Ordinance, Final Resolution authorizing borrowing through the Tennessee Municipal League Bond fund, and Resolutions approving grants and donations for one week in order to allow Mr. Tom McAnulty of Stephens, Inc. to present a proposal to extend debt service payments into the future by selling bonds to refinance City debt. Council member Bray seconded the motion to delay and it passed 6-3, with Council member Buchanan, Bray, Dodd, Hays, Neese, and Rahm voting yea and Council member Bannister, Brooks and Cisco voting nay.

These matters were reset for September 9, 2003 at 9:00 a.m. A public hearing was scheduled for Monday, September 8, 2003, at 7:00 p.m. to allow residents an opportunity to address the City Council.

NEW BUSINESS:

On the motion of Council member Hays, seconded by Council member Buchanan, unanimous approval was given to a Resolution authorizing the issuance of Hospital Revenue Bonds.

On the motion of Council member Hays, seconded by Council member Rahm, unanimous approval was given to the request to write-off uncollectible fines owed to City Court.

On the motion of Council member Bannister, seconded by Council member Bray, unanimous approval was given to the recommendations for Recovery Task Force members.

On the motion of Council member Cisco, seconded by Council member Rahm, unanimous approval was given to the following board appointments:

• Keep Jackson Beautiful Commission - appointment of Norma Bundy to fill the expired term of Sandy Brown; appointment of David Sams to fill the unexpired term of Donnavae Hughes; appointment of Terry Wright to fill the unexpired term of Kelly O'Brien and reappointment of Mike Tyson.
  
• Planning Commission - Reappointment of Randy Wallace.
  

On the motion of Council member Buchanan, seconded by Council member Brooks, unanimous approval was given to the payment of invoices over $10,000.

Council member Brooks made a motion to suspend the rules to give citizens time to address the City Council. Mayor Farmer advised without objection the motion would be approved.

Robert McKnight advised he was against the tax increase. John Laughinghouse advised he would reserve his comments until the following Tuesday. Dennis Henderson spoke in favor of the tax increase.

Mayor Farmer announced that the meeting would stand in recess until September 9, 2003 at 9:00 a.m.

SEPTEMBER 9, 2003 – 9:00 A.M.

The meeting reconvened at 9:00 a.m. on September 9, 2003 with all members present.

Council member Buchanan gave the invocation and led the audience in the pledge of allegiance to the flag.

Mayor Farmer opened the floor for citizens to address the Council.

Herb Slack and Sheila Godwin spoke in favor of the tax increase. Jeanie Todd spoke about the confusion in the community about where the tax increase money would be used.

Tom McAnulty of Stephens, Inc. Investment Bankers gave an extensive presentation to the Council outlining his analysis, planning and options for the City's 2003-2004 budget. Mr. McAnulty advised that in his opinion the biggest problems for the current budget problems were the tornado damage, the economy, lost state revenue, and increased health insurance and pension costs.

Council member Cisco made a motion to amend the Tax Rate Ordinance to keep the current tax rate of $1.98 rather than the $2.46 and to keep the current budget the same as the 2002-2003 budget. The motion died for lack of a second.

Council member Hays made a motion to amend the Tax Rate Ordinance with a 12% increase (24-cent) in the tax rate setting the rate at $2.22, and that the proposed budget be adopted with 2.3 million dollars cut out of the operating budget. The motion to amend the Tax Rate Ordinance setting the tax rate at $2.22 was seconded by Council member Bray and passed 6-3, with Council members Bray, Brooks, Buchanan, Hays, Neese and Rahm voting yea and Council members Bannister, Cisco and Dodd voting nay.

Council member Hays made a motion to approve the Budget Ordinance as submitted with 2.3 million cut out of the general operating budget. The motion was seconded by Council member Bray. The motion failed 3-6 with Council members Bray, Buchanan and Hays voting yea and Council members Bannister, Brooks, Cisco, Dodd, Neese and Rahm voting nay.

Council member Hays made a motion to approve the Tax Rate Ordinance as amended. The motion was seconded by Council member Brooks and passed 6-3, with Council members Bray, Brooks, Buchanan, Hays, Neese and Rahm voting yea and Council members Bannister, Cisco and Dodd voting nay.

Council member Neese made a motion to postpone approval of the Budget Ordinance until Tom McAnulty of Stephens, Inc. had an opportunity to submit more information on restructuring the City's debt. Council member Brooks seconded the motion and it passed 7-2, with Council members Bray, Brooks, Buchanan, Dodd, Hays, Neese and Rahm voting yea and Council members Bannister and Cisco voting nay.

There being no objections, Mayor Farmer announced that the meeting would stand in recess until September 15, 2003 at 7:00 p.m.

SEPTEMBER 15, 2003 - 7:00 P.M.

The meeting reconvened at 7:00 p.m. on September 15, 2003 with all members except Council member Hays present.

Mayor Farmer gave the invocation and led the audience in the pledge of allegiance to the flag.

Mayor Farmer opened the floor for Council members to proceed in the manner they desired.

Council member Neese advised he felt that since Tom McAnulty of Stephens, Inc. had made a trip to Jackson that the Council members should listen to him.

Council member Rahm expressed his appreciation for the information which Mr. McAnulty had provided at the last meeting. Council member Rahm advised that he was not in favor of extending the existing debt of the City and before Mr. McAnulty made his presentation, would like to make a motion. His motion was to adopt the Budget Ordinance as submitted, with the department heads and administration using the parameters set with the $2.22 property tax to make the necessary cuts to balance the budget. Council member Brooks seconded the motion.

Council member Bannister asked that Mr. McAnulty be given an opportunity to make his presentation to the Council. Mayor Farmer said that without objections he would allow Mr. McAnulty to proceed prior to the Council voting on Council member Rahm's motion.

Mr. McAnulty gave a short presentation on his recommendations for debt refinancing and restructuring and answered questions from the Council.

In that there were no additional questions or comments, Mayor Farmer called for the vote on Council member Rahm's motion to approve the Budget Ordinance allowing the department heads and Russ Truell to make the necessary adjustments to the departments' budgets to fit within the budgeted amount with the property tax rate of $2.22, and allowing the departments to make necessary adjustments within their individual departments. The motion to approve the Budget Ordinance as amended was approved 7-1, with Council member Neese voting nay. The passage of the Budget Ordinance included the City's operating budget, the capital budget and the Final Resolution authorizing the borrowing $25 million dollars through the Tennessee Municipal Bond Fund.

There being no further business, the meeting was adjourned.

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CHARLES H. FARMER, MAYOR