TENNESSEE

www.tncounties.org A publication of the Tennessee County Services Association

July - August 2016

Vol. 39, No. 4

COUNTY NEWS

Final TACIR Broadband Report Coming By End Of August By JESSICA HIMES Assistant Director, Policy & Research Tennessee County Services Association Just over nine months ago, the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) began the discussion over broadband coverage in Tennessee. That introductory discussion brought together broadband providers and consumers from across the state to discuss broadband service. The following TACIR meeting in January of 2016 covered the technological aspects of broadband by defining terms frequently heard in broadband discussions and the different methods for delivering broadband to customers. In May the discussion moved towards regulation of the broadband industry at the local, state, and federal level. The upcoming meeting of TACIR, on August 30th and 31st, is once again set to hear testimony on broadband in Tennessee. This meeting’s major topic of conversation will

be the report recently issued regarding the statewide broadband assessment conducted by the Department of Economic and Community Development (ECD). ECD contracted with Strategic Networks Group and NEO Connect, two firms which specialize in broadband consulting, to conduct the study on broadband access in Tennessee and determine the best options for how the state can increase availability statewide. According to a press release by ECD, more than 23,000 Tennessee residents and businesses responded to the broadband survey portion of the study which was conducted between January and March of this year. The study concluded that 13 percent of Tennesseans, or 834,545 citizens, do not have access to broadband, which for the purposes of the study was defined as access having speeds of 25/3 Mbps. The report also stated 34 percent of businesses classified broadband as essential to selecting their location, and 56 percent noted that it was essential to remain in their location. ECD Commission-

er Boyd said, “It is clear that broadband is critical to the economic future of Tennessee. Broadband already significantly contributes to Tennessee’s economy. When a community lacks adequate access, economic opportunities are lost.” The major recommendations of Strategic Networks Group and NEO Connect was for Tennessee, in partnership with communities and stakeholders, to adopt two main goals: ensure equitable access to broadband internet for community anchor institutions, businesses, and households through the state; and leverage the benefits from broadband infrastructure for communities, businesses and residents by facilitating increased adoption and improved utilization of internet capabilities. In order to achieve the first goal of providing equitable access, the study suggested creating an open regulatory environment or giving tax incentives. The study stated that by eliminating current restrictions on municipal electrics and cooperatives and promoting competition, more

Online Retailers Would Pay TN Sales Taxes With Proposed Rule Changes By JESSICA HIMES Assistant Director, Policy & Research Tennessee County Services Association On August 17 the Joint Government Operations Committee of the General Assembly will meet to review administrative rule changes proposed by agencies throughout state government. The Department of Revenue will be among those agencies present to explain several proposed rule changes, including the authorization of the collection of sales taxes from out-of-state online retailers with more than $500,000 a year in sales within Tennessee. Currently only businesses with a brick and mortar presence within the state are required to collect and remit sales tax on those goods sold. As was reported in the May/June edition of Tennessee County News, there are two Supreme Court cases which have set current precedent for how out-of-state online businesses

are taxed across the nation. National Bellas Hess v. Department of Revenue, from 1967, and Quill Corp v. North Dakota, from 1992, held that states can only compel companies with an in-state brick-and-mortar presence to collect sales taxes from customers. Now several states, including Tennessee, are making a push to change this standard to include all these previously exempted companies. Proponents for the change argue that brick-and-mortar stores have been at a disadvantage against out-ofstate stores who sell goods online to Tennessee residents because they are not required to charge Tennessee’s 9.75 percent sales tax. State officials also argue that the state is missing out on an estimated $300 to $450 million in sales tax revenues annually. It is highly anticipated that any action taken by the state, such as an administrative rule change to collect sales taxes from these businesses, will result in litigation; something that the See Revenue, Page 5

Annual Fall Conference Agenda Taking Shape Training that has been the cornerstone of the Tennessee’s County Services Association (TCSA) conferences each year will once again take center stage as the association offers the TCSA 63rd Annual Fall Conference & Trade Show Oct. 12-14 at the Gaylord Opryland Resort in Metro Nashville Davidson County. The annual conference brings together members of TCSA and its three affiliate organizations, the Association of County Mayors, Tennessee County Commissioners Association and Tennessee County Highway Officials Association for three days of board and membership meetings, as well as issue-based sessions throughout the event. The conference is scheduled to begin mid-morning Wednesday, October 12, with TCCA committee meetings, followed by the nominating committees and boards of each of the affiliate organizations. In addition to an exposition featuring more than 50 vendors who will exhibit their services and wares Wednesday afternoon through about 1 p.m. Thursday, training sessions are being planned for both Wednesday and Thursday. Also on Thursday will be the TCSA general session and membership meetings for ACM, TCHOA and TCCA. The education-focused day winds up with an awards banquet Thursday night. On Friday delegates will come together one more time to discuss the association’s legislative platform for the 2017 session, as well as discuss and vote on proposed changes to the TCSA by-laws and elect a new slate of TCSA officers, who will serve for the next year. Because the agenda is still being finalized, the associations will be rolling out the training topics and other agenda details, as they become available, on the TCSA website (www.tncounties.org). Awards presentations TCSA has two major awards programs to highlight the work of individual county officials, as well as outstanding projects and initiatives. County Official of the Year - TCSA will announce the 13th winner of the Robert M. Wormsley County Official of the Year award, given to an official who represents qualities and involvement similar to that of former TCSA Executive Director Bob Wormsley, who has more than 50 years in public service, including a 10-year stint as TCSA executive director. The award has recognized county mayors, commissioners and highway officials for more than a decade for their achievements. The Wormsley award is the only honor of its kind awarded by TCSA to a county official. Its creation is intended to honor his “unmatched compassion and commitment.” County success stories – Begun two years ago, TCSA’s “County Success Story” awards will also be presented as a recognition of counties who have demonstrated excellence in governance, innovation in problem solving and best practices for delivering services. To be considered for a “County Success Story” award, the project or achievement should demonstrate an innovative solution to a problem, a sustained pattern of excellence in governance, a best practice that increased efficiency in the delivery of county services or resulted in significant savings to taxpayers, a new approach or the use of new technology to deliver services or improved cooperation or Please See Agenda, Page 5

FCC Cannot Preempt State Law On August 10th, the Sixth Circuit Court of Appeals issued their ruling in State of Tenn., et al. v. FCC, et al. Tennessee and North Carolina previously filed suit against the Federal Communications Commission (FCC) after it declared that the FCC had the authority to preempt state laws limiting municipal broadband coverage; specifically preempting Tennessee’s law for the Electric Power Board (EPB) of Chattanooga. The FCC argued the Telecommunications Act of 1996 authorized them to preempt laws in Tennessee and North Carolina because the goal of the Act was to promote competition in the broadband market. The Sixth Circuit Court ruled that while the Telecommunications Act does give the FCC some authority, it does not specifically authorize the preemption of state laws concerning broadband. A result of the decision is that EPB is effectively halted in its efforts to expand its coverage outside of its footprint, unless legislation is passed by the Tennessee General Assembly authorizing such expansion by municipal electrics. While such measures have not been successful in previous General Assemblies, it is unknown how the broadband survey will influence the decisions of future Tennessee lawmakers. broadband infrastructure investment would be made and coverage would be increased across the state. Also suggested was the adoption of broadband friendly policies and ordinances, such as dig once policies or joint

trench agreements as well as a streamlined permitting process to reduce capital costs of broadband deployment. The standardization and reduction of pole attachment rates Please See Broadband, Page 6

Fall Busy With Affiliate Meetings

ELECTIONS

Jeff Headrick, Blount County

Ron Dilbeck, Campbell County

Robert Hester, Cheatham County

Hwy., Executive Posts Filled With Aug. 4 Ballot Tennessee counties will see four new highway superintendents and a new county executive on September 1, following county general elections on August 4. An additional four highway chiefs who had previously been appointed as interims all won their election bids. Incumbents in 18 highway races were also reelected for four-year terms. In the only race to fill a vacancy for county executive, Jim Mangubat won the seat in Wayne County and will finish out the remaining two years of a four-year term previously held by Jason Rich. Coy Anderson has been serving as interim county executive. Sworn in on August 12, Mangubat will serve until 2018, when the post will again be on the ballot. Incumbent highway officials who retained their posts include: Stanley Smotherman – Bedford County; Barry Hyatt – Giles County; Barry Poole – Hamblen County; Steve Vineyard – Henderson County; Randy

Ronnie Pittman, Henry Shockley, Claiborne Hancock County County

Jim Hawk, Marion County

Glen A. Varner, Rhea County

Richie Chilcutt, Henry County

Jim Mangubat, Wayne County

Woods – Humphreys County; Charles Tipton – Jefferson County; Joyce Holt – Lewis County; Audie Cook – Macon County; Van Boshers – Maury County; Mike Frost – Montgomery County; Milton Ferrell – Moore County; James Norrod – Overton County; Roy Thompson – Polk County; Dennis Fergusson – Roane County; Greg Brooks – Rutherford County; Steve Coble – Smith County; Billy Scruggs – Trousdale County; and David Cox – Union County. The four interim highway officials elected August 4 include: Jeff Headrick – Blount County; Ron Dilbeck – Campbell County; Ronnie Pittman – Claiborne County; and Henry Shockley – Handcock County. Four county highway superintendents elected to their first four-year term include: Robert Hester – Cheatham County; Richard Chilcutt – Henry County ; Jim Hawk – Marion County; and Glen Varner – Rhea County. All highway terms begin September 1.

County mayors, highway officials and commissioners will have their pick of meetings this fall as their statewide associations offer an array of opportunities for training, discussions and networking beginning midAugust. At press time for this issue of Tennessee County News, the Association of County Mayors are scheduled to be meeting for its annual ACM Strategic Leadership Conference in Rutherford County (Murfreesboro), August 17-19. The agenda includes guest speakers including Gov. Bill Haslam and a number of commissioners from various state departments. The following week, August 22-23, The University of Tennessee County Technical Assistance Service (CTAS) will holding an extensive training session for newly elected county highway officials and assessors of property, two offices that traditionally have spots on off-year elected like the one held August 4. Meanwhile, the Tennessee County Commissioners Association (TCCA) will also be holding its anual series of eight regional meetings beginning the last week of August. County commissioners are invited to attend one of the meetings, which include dinner and a program Please See Meetings, Page 6

Education Spending Equity Improvements Level Out 15 Years After Fully Funding Of BEP Formula By LYNNISSE ROEHRICH-PATRICK Executive Director Tennessee Advisory Commission on Intergovernmental Relations The Basic Education Program (BEP) funding formula, adopted by the Tennessee General Assembly as a key part of the Education Improvement Act of 1992 (EIA), may be one of the longest-surviving public school funding formulas in the country. This formula, which now generates more than $6.6 billion dollars in state and local funding, was designed to improve equity in education spending. And it did. Why does this matter? Plenty of research demonstrates that spending equity correlates with better student performance, which is linked to increased high school and college graduation rates—think about Governor Haslam’s Drive to 55 initiative—greater employment opportunities, and improved quality of life, and ideally leads to similar outcomes for students of disparate socioeconomic backgrounds. Staff of the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) has issued a series of five reports so far on spending equity to track the effects of the BEP formula beginning with fiscal year 1994-95—the midpoint of the six-year phase-in of the formula. The most recent analysis, in a report released this past June (published online at http://www.tn.gov/assets/ entities/tacir/attachments/2016Edu cationSpendingEquity.pdf), examines data since the implementation of the formula and uses various statistics to measure the effect of the fully funded formula on equity in education spending through school year 2012-13. The good news is that the intent

of the General Assembly to provide fair and equitable funding by implementing a formula that compensates for differences in local ability to pay for education was largely met by fully funding the BEP formula in 1997-98. Overall, spending equity improved as the new formula was phased in, with the increase in state revenue making up for differences in local revenue, and continued to improve through full funding. But despite early gains

in education equity, the equalizing effect of state revenue has been too small to offset differences at the local level for at least the last eight to ten years. Map 1 (above) shows the state of spending equity before the BEP formula was adopted. Fiscal Year 199192 was the last year of the Tennessee Foundation Program (TFP) formula. That formula made little distinction among school systems in how easily

they could raise local revenue to fund their schools. Consequently, spending per pupil varied widely across the state, largely based on the size of local tax bases. State funding per pupil was relatively flat and, in fact, rewarded school systems with large tax bases by, for example, picking up a large portion of the cost of benefits for however many teachers and other professional staff a system could afPlease See BEP, Page 5

TCSA FALL CONFERENCE REGISTRATION OPEN - SEE WWW.TNCOUNTIES.ORG FOR ADDITIONAL INFORMATION

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TENNESSEE COUNTY NEWS / www.tncounties.org

THE PRESIDENT’S REPORT

TENNESSEE

COUNTY NEWS Vol. 39, No. 4

July - August 2016

July - August 2016

Executive Director/Editor: David Connor Assistant Director, Policy & Research: Jessica Himes CTAS Communications Specialist: Brett Howell TCSA President: Jim Westbrook 1st Vice President: Dan Eldridge 2nd Vice President: Dwight Van de Vate Tennessee County News (USPS 599-770) is published bi-monthly for $10 per year by the Tennessee County Services Association, 226 Capitol Boulevard, Suite 700, Nashville, TN 37219. Periodicals postage is paid at Nashville, TN. POSTMASTER: Send address changes to Tennessee County News, 226 Capitol Blvd., Suite 700, Nashville, TN 37219. Tennessee County News encourages the submittal of information and material for publication. TCSA does not assume responsibility for the loss of or damage to any material submitted. All unsolicited manuscripts, photographs and other material should be accompanied by a self-addressed, stamped envelope. Advertising rates and requirements are available upon request. www.tncounties.org

Norris Dam Turns 80

By MIKE ARMS Executive Director Association of Tennessee Valley Governments The Association of Tennessee Valley Governments (ATVG) represents local governments within more than 200 Tennessee Valley region counties. Our association celebrates with TVA the 80th anniversary of the construction of Norris Dam and commends TVA on eight decades of providing citizens of the Tennessee River Valley with clean, reliable and affordable hydroelectricity. Norris Dam’s construction began less than five months after the agency was created by the TVA Act in May 1933. In only 34 months the Dam was constructed and placed in operation. The $32 million project required more than 1,000,000 cubic yards of concrete. With a height of 256 feet and length longer than six football fields, the project’s workforce involved four shifts covering a 24-hour day and at peak 2,750 workers. Norris Dam brought much needed flood control to East Tennessee and the resulting 800 miles of reservoir shoreline created a popular recreational draw that over time has become an outstanding tourism asset. However, affordable hydroelectricity was the most important benefit of TVA’s first hydro project. It initiated TVA’s rural electrification program that had such a positive impact on the depression-ridden region. Eighty years later TVA now has a hydro fleet of 29 power-producing dams and its unique pump storage facilities at Raccoon Mountain. As we all know, hydroelectric power is the cleanest and most economical of all renewable energy sources. This hydroelectric power is plentiful in the Tennessee River Valley thanks to TVA’s integrated management of the Tennessee River system. U.S. Senator Lamar Alexander and U.S. Representative John Duncan Jr., both R-Tennessee have introduced a resolution praising the TVA for the successful construction and management of the “Unified Plan of the Development of the Tennessee River” that began with Norris Dam in 1936. “We celebrate TVA’s long and proud history of service to the Tennessee Valley region,” Alexander said. “TVA was created to provide low-cost electricity, promote economic development, and invest in environmental stewardship, and that is exactly what TVA has done. I congratulate TVA for its work to control flooding and improve navigation of the Tennessee River system over the past 80 years, which started at Norris Dam.” The 80th anniversary of Norris Dam kicks off a year-long recognition of all TVA dams, which were planned under the 1936 Unified Development of the Tennessee River System Plan. Employing many, poverty-stricken Tennesseans in the wake of the Great Depression, TVA has been a staple to the region and the country. Their effort to provide low-cost power to the Tennessee Valley region is a strong factor in why more and more people, and businesses, are relocating to Tennessee. TVA power rates are integral to local business recruitment efforts. “We are thankful for the 80 years of service that TVA has provided to our community,” Blount Partnership President/CEO Bryan Daniels said. “As we continue to grow our local economy, competitive power rates are at the core of our negotiations. TVA is a strategic partner which assists Blount County and our entire region by providing attractive power rates. Those rates help drive existing business to choose to expand and new business to relocate here in the foothills of the Smoky Mountains.” The unified plan outlined a way for TVA to improve navigation and control flooding throughout the Tennessee Valley region. The resolution also recognizes TVA’s Norris Dam, which was completed on July 28, 1936. Norris Dam was the first dam TVA constructed and has been operating for 80 years. ATVG also congratulates TVA as it begins a one-year recognition and celebration of the dams and reservoirs of the Tennessee River. ATVG would like to invite those interested to join us on October 19th and 20th when ATVG will hold its fall meeting in Gatlinburg, TN. We will have a program on TVA’s 80 years of Hydro projects, a video on Norris Dam and a presentation on the 100 years of National Parks.

Association Looks To Update By-Laws During Annual Conference Last fall, the TCSA board voted to review the association’s by-laws to see if they need updating. They had not been changed since 1981 and certainly, many things have changed in the world since then. In order to start this process, I appointed a by-laws committee to examine the TCSA by-laws and make recommendations for any updates or revisions. The committee was chaired by former TCSA Executive Director Bob Wormsley, who brought a wealth of institutional knowledge and memory to the committee. The membership was comprised of Hardin County Mayor Kevin Davis, Sumner County Highway Superintendent Judy Hardin, and Washington County Commissioner Lee Chase. The committee met and came forward with a list of recommendations that were presented to the TCSA Board at the Post-Legislative Conference at the end of May in Gatlinburg. With one minor change, the board approved the report and moved that the recommendations be forwarded to the full membership for consideration at the annual conference this fall in Nashville. You will see an outline of the proposed changes below. TCSA has been a successful organization representing county officials for over 60 years. Neither the by-laws committee or the board recommended significant changes to how the organization is governed or to representation on the board. However, there were a number of simple matters that needed to be updated or clarified. Pursuant to the by-laws as they currently exist, any amendments must be approved by the full membership at TCSA’s annual meeting or at such other meeting of the membership as may be duly called by the Board of Directors for such purpose. Before any such amendment or repeal may be considered, notice in writing of any proposed changes must be given at least two weeks prior to the meeting at which they are to be voted upon. This article is intended to serve as written notice of the proposed changes which are outlined below. At the fall conference, a majority vote of all members attending and entitled to vote at the membership meeting will be required to affect any proposed change in the by-laws. If any member has any questions or desires more information about any of the proposed changes, contact Executive Director David Connor at the TCSA offices at (615) 532-3767 or by email at [email protected]. I think this was a healthy exercise for the association to go through and

Jim Westbrook TCSA President & Weakley County Commissioner

was glad that it could be completed during my tenure as your president. Report of the TCSA By-Laws Committee The By-Laws Committee met and reviewed the By-Laws of the Tennessee County Services Association. The existing by-laws had not been revised since 1981. Upon review, the committee identified a number of deficiencies and suggestions for improvement. Draft language has been developed and approved by the by-laws committee. An outline of the proposed changes follows: Article I – Add language to identify the official abbreviation of the association as “TCSA”. Article II – Update the designation of the “Tennessee Association of County Executives” to reflect the current name of “Association of County Mayors of Tennessee”. Article IV: Section 1 – Spell out the order of succession of the two Vice President positions and direct the board to select a Secretary for the organization from the board, the association staff or the general membership. Section 2 – Updates references to “county executive” to read “county mayor or executive”. Section 6 (new) – Specify a quorum for transaction of the business, designate what constitutes a majority for the purpose of voting and identify Roberts Rules of Order as the rules of procedure unless the board has adopted other rules. The proposed language states that a majority of the board constitutes a quorum and that a majority of those present and voting is required to take action on any matter before the board. Article VI: Section 2 (new) – Provide that the Executive Director shall act as legislative li-

aison for the association and coordinate all lobbying activities. Section 3 – Add to the duties that the Executive Director shall prepare and submit a budget to the board for approval. Section 4 – Modernize language with regard to paying the liabilities of the association by removing the language “by check” to allow for other forms of payment, i.e. electronic transactions, direct deposit, etc. Section 5 – Amend the language requiring a bond for the executive director to provide that the association is protected either by a bond or insurance to cover errors and omissions and criminal activity. Article VII – Committees (new) Section 1 - Establish an Executive Committee made up of the President and two Vice Presidents that can act in lieu of the entire board when needed. Section 2 - Spell out a Nominating Committee to be named by the President to be made up of 3 members to represent the three affiliates and the three grand divisions of the state. Grant the board flexibility to adjust terms of board members and staggering when needed to maintain appropriate representation. Article IX – Identify the fiscal year for the organization to run from July 1 to June 30. Anyone wishing to see the exact text of the proposed language can see the full proposed amended language of the by-laws at www.tncounties.org or may request the association to mail, fax or email the full text by contacting the association office at (615) 532-3767. On a more personal note, I want to say how grateful I am to have served as your president for the past year. It seems like yesterday that my tenure began. The time has certainly flown. I want to say thank you for each of you for this opportunity. But a special thanks goes to the staff of the Tennessee County Services Association for their service to our counties and to us as county officials. The work they do on our behalf, day in and day out, has an enormous impact on our state. It goes without saying that our state association is strong. While the staff does a great job at making it strong, your active participation goes a long way in making it successful. If you are not already, please make every effort to become involved. County governments statewide need you. Thank you again for this opportunity. See you at Gaylord Opryland in October.

July - August 2016 TCSA OFFICERS President Jim Westbrook Weakley County Commissioner First Vice President Dan Eldridge Washington County Mayor Second Vice President Dwight Van de Vate Knox County Public Works DIRECTORS ACM President David McCullough Cheatham County Mayor Benny McGuire Obion County Mayor John Gentry McMinn County Mayor Dale Reagan Clay County Mayor TCHOA President Tommy Snyder Rhea County Highway Supt.

TENNESSEE COUNTY NEWS / www.tncounties.org

County ‘Priorities’ Identified In Research Survey Almost a decade after the start of the Great Recession, the nation’s counties still feel its effects on their strained budgets. A new survey by the National Association of Counties (NACo) found that 44 percent of county officials reported cuts to their county’s programs or services because of budget constraints in the last fiscal year. Priorities in America’s Counties 2016: A Survey of County Officials, examines the top priorities and leading challenges in county governments ahead of the November general election. The survey examines key areas for counties such as infrastructure investments and the impact of state and federal policies. The survey shows that many

Sandra Knight Bradley County Highway Supt. TCCA President Paul Mathenia Henry County Commissioner Carolyn Granger Roane County Commissioner Danny Jowers Obion County Commissioner Ben Rodgers Putnam County Commissioner Tim Burchett Knox County Mayor Jim Coppinger Hamilton County Mayor Megan Barry Metro Nashville-Davidson Mayor Mark Luttrell Shelby County Mayor

ACM President David McCullough, Cheatham County First Vice President Kevin Davis, Hardin County Second Vice President Dan Eldridge, Washington County Secretary Gary Reasons, Crockett County Regional Vice Presidents Melville Bailey, Hawkins County Larry Waters, Sevier County Gary Davis, Bradley County Michael Nesbitt, Smith County David McCullough, Cheatham County Brent Greer, Henry County Skip Taylor, Fayette County Dwain Seaton, Chester County Past Presidents Howard Bradley, Robertson County Jimmy Harris, Madison County Greg Lynch, Unicoi County Benny McGuire, Obion County Kenny McBride, Carroll County Franklin Smith, Haywood County Larry Waters, Sevier County Jeff Huffman, Tipton County

TCHOA President Tommy Snyder, Rhea County First Vice President Ronald Coates, Hickman County Second Vice President Eddie Simpson, Loudon County Third Vice President Gary “Jip” Lofton, Obion County Secretary John Woodall, Franklin County Region I President Dennis Ferguson, Roane County Region II President Scott Blaylock, Cumberland County Region III President Judy Hardin, Sumner County Region IV President Buck Carter, Benton County

county officials (40 percent) are concerned that budget constraints will weaken the county safety net, putting struggling families and individuals at risk, especially in the long term. Counties often provide safety net services because of state mandates or the their role in administering federal programs. Over one-third (36 percent) indicated that providing hospital care for individuals without any health insurance or ability to pay is one of the most expensive unfunded mandates for counties. Since counties need to raise the revenue to fund these mandates while also contending with state-set caps on their revenue sources, budget constraints can lead to cuts in staff or service levels across any number of programs and

services. Behavioral health-related issues, especially in the areas of substance abuse and mental health treatment, emerged as top challenges for counties. Respondents identified substance abuse as the top public health challenge. They also suggested that treatment options for substance abuse are limited because of a lack of treatment providers — 65 percent of county officials cited a shortage of mental health providers as one the greatest issues affecting access to quality health care in counties. In addition to the public health challenges they pose, illegal drugs and prescription opioids are major public safety issues in counties. Substance abuse is the greatest

OBITUARIES

Van Boshers Maury County Highway Supt. Milton Legions Crockett County Highway Supt.

Former TCCA Presidents Cleveland, King Pass Two former presidents of the Tennessee County Commissioners Association (TCCA) have passed away this summer, leaving behind a legacy of service to both their county legislative bodies and the state. Former Greene County Commissioner Phil Burton King, 85, and former Monroe County Commissioner David Martin Cleveland Jr., 95, were active in the state association during their tenures, each becoming president and serving on the boards of directors for both TCCA and the Tennessee County Services Association. David Cleveland Commissioner Cleveland of Sweetwater passed away on July 8, 2016. Active in his community including serving as a Monroe County commissioner for more than 32 years, he also served on the Sweetwater City Commission, and as a state commissioner for eight years with then-Gov. Ned McWherter. He also worked with the Monroe County Maternity Center and as a member of Gideons International. A chemical engineer by trade, Cleveland served as an elder of Christ Presbyterian Church of Sweetwater. He served as TCCA president 1998-

99. Kyker Funeral Homes handled arrangements. “David was probably one of the most brilliant commissioners that ever served in Monroe County government,” former Monroe County Mayor Allan Watson told the Advocate & Democrat newspaper in Monroe County. Phil King Commissioner King, a lifelong farmer, died July 4, 2016. A Greeneville resident he worked at Greeneville Light & Power System for 20 years and was the county judge in Greene County for eight years from 1974-82. He served as county commissioner and judge pro tem for 10 years from 1984-94. He continued to serve as a county commissioner until 2013, serving as TCCA president 2007-08. “Phil was the kind of person who was well-liked by everyone,” Alan Broyles, a former Greene County mayor, told the Greeneville Sun newspaper. “He had an outgoing personality and was always ready to lend a helping hand.” Kiser-Rose Hill Funeral Home handled arrangements. Interment was at GreeneLawn Memory Gardens.

Mark Your Calendars

ACM Strategic Planning Conference August 17-19, 2016 Rutherford County (Murfreesboro) TCCA Regional Meetings (All meetings will be held from 6 PM to 8 PM Local Time) * Aug. 29, 2016 - Washington County at the Jonesborough Visitor’s Center, 117 Boone St., Jonesborough, TN * Aug. 30, 2016 - Knox County at Calhoun’s by the River, 400 Neyland Dr., Knoxville, TN * Sept. 1, 2016 - Henry County at Paris Landing State Park, 400 Lodge Rd., Buchanan, TN * Sept. 13, 2016 - Madison County at the Catfish Cabin, 1290 S Highland Ave., Jackson, TN * Sept. 15, 2016 - Putnam County at Del Monaco Winery, 600 Lance Dr., Baxter, TN * Sept. 20, 2016 - Robertson County at the Catfish House, 3424 Tom Austin Hwy., Springfield, TN * Sept. 22, 2016 - Marshall County at Henry Horton State Park, 4358 Nashville Hwy., Chapel Hill, TN * Sept. 27, 2016 - Bradley County on the campus of Lee University, N Ocoee St, Cleveland, TN TCSA 63rd Annual Fall Conference & Trade Show October 12-14, 2016 Metro Nashville Davidson County National Association of Counties Legislative Conference Feb. 25-March 1, 2017 Washington, D.C.

Past President Carl Stoppenhagen, Gibson County

Marion Hwy. Supt. Neil Webb Passes N e i l Webb, 61, who served as Marion County highway superintendent since 2010, passed on July 19, 2016. Active with the Webb Te n n e s s e e County Highway Officials Association, the Region II highway officials association, and the Tennessee County Services Association, Webb was first appointed to the vacant seat in 2010 and then won election in 2012 to fill out the remaining two years of that unexpired term. He was seeking reelection this year to a full fouryear term. The Marion County High School graduate was a member of Jasper First Baptist Church and the Jasper Jaycees. Tate Funeral Home in Jasper handled arrangements.

CTAS Loses Brian Spears Brian E. Spears, 48, passed away August 4, 2016. An information technologist with the County Technical Assistance Service for the past decade, he had also worked for the Center for Government Training and the Center for Industrial Services, sister agencies of CTAS within The University of Tennessee Institute for Public Service. Brian was well known for his infectious laugh and his kind heart, said CTAS Executive Director Robin Roberts. Even through illness he came to work early, stayed late and always had a smile on his face. He always cared more about others than he did about himself. He is survived by siblings, Dr. Lolita Spears and Eric Spears. Following a service at St. Andrews Presbyterian Church, interment was held at Greenwood Cemetery. Terrell Broady Funeral Home in Nashville handled arrangements.

TCSA 2nd Vice President Dwight Van de Vate, Knox County TCHOA Officials on TCSA Board Van Boshers, Maury County Milton Legions, Crockett County Sandra Knight, Bradley County

TCCA President Paul Mathenia, Henry County President-Elect Landis Turner, Lewis County Secretary Carolyn Granger, Roane County Treasurer Rusty Orick, Campbell County East Tennessee Directors Chuck Fritts, Anderson County Bill Kilgore, Sullivan County Lee Chase, Washington County Stacy Vaughn, Hawkins County Middle Tennessee Directors Roger Reedy, Giles County John Gannon, Montgomery County Dwight Jones, Williamson County Mark Beeler, Trousdale County West Tennessee Directors Dale Overton, Weakley County Emery White, Hardin County Benny Spain, Dyer County Richard Arnold, Obion County Directors Brad Anders, Knox County Vacant, Davidson County Justin Ford, Shelby County Past Presidents Ralph Puckett, Obion County James H. Westbrook, Weakley County Danny Jowers, Obion County Tommy Vallejos, Montgomery County Warren Mackey, Hamilton County TCSA Directors Danny Jowers, Obion County Carolyn Granger, Roane County Jim Westbrook, Weakley County Ben Rodgers, Putnam County

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REGISTER NOW Visit WWW.TNCOUNTIES.ORG for registration & more information as it becomes available

GAYLORD OPRYLAND RESORT & CONVENTION CENTER NASHVILLE DAVIDSON COUNTY

threat to public safety, according to nearly three quarters (72 percent) of survey respondents. County officials indicated that any additional funding to expand the capacity of behavioral health programs would support efforts to reduce substance abuse through treatment, while at the same time assist counties in tackling the impact of substance abuse on the community. The new analysis also shows that county officials would like to see more funding for families with children living in poverty. County officials identified their county’s involvement in early childhood development programs, nutrition assistance programs and local workforce development programs as providing pathways out of poverty. Additional funding would help strengthen and expand the reach of these programs and services for the most vulnerable populations and support solutions that break the cycle of poverty. The local workforce development system supports county economic development. County officials responding to the survey said that high housing costs are the largest challenge to economic development. Unaffordable housing can push some residents to move away from the county, taking their skills with them and adding to the challenge of building a strong workforce that can attract new businesses and opportunities to counties. Officials indicated that a shortage of workers with skills sought by employers is another significant chal-

lenge to economic development. The local workforce development system provides assistance to residents to find training and employment that will lead to more skills, better paying jobs, higher wages and greater economic opportunity for individuals, families, businesses and counties. Further infrastructure investments would improve economic conditions. Specifically, additional funding for roads and bridges would have the greatest positive impact on county economic development. County officials also identified more funding for broadband as a significant contributor to economic development in counties. The local-state-federal partnership is critical to the ability of counties to address their top priorities and concerns effectively. Counties receive funding from the states and the federal government to support local workforce development, nutrition programs that assist low-income families with children and surface transportation projects, among others. Federal policies, however, received low marks from survey respondents. Nearly half reported they do not believe that the current direction of federal policies and programs contribute to innovation in county operations. A similar share of county officials does not believe that the direction of federal policies and programs are helping their county achieve its programs and services goals. Read the full report at www. naco.org/countypriorities.

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TENNESSEE COUNTY NEWS / www.tncounties.org

July - August 2016

ATTORNEY GENERAL OPINIONS Compiled By LIBBY McCROSKEY

Training Calendar Environmental Programs from the County Perspective (Elective Credit) Counties are responsible for implementing a number of state and federal environmental programs. Environmental regulations protect human health and welfare and can impact community and economic development. This class will summarize the major environmental programs that impact Tennessee Counties and provide examples of how these programs are planned, budgeted, and implemented. • Sept. 13 • Sept. 14 • Sept. 20 • Sept. 21

Johnson - City Carnegie Hotel Knoxville - UT Conference Center Jackson - Jackson Energy Authority Murfreesboro – DoubleTree Hotel

Ethics (Core Credit) As a county official, do you know how to avoid conflicts of interest and ethics violations? Avoiding conflicts of interest and ethical violations is critical in today’s political climate. This class highlights conflict of interest and ethics laws and the penalties for violating them. • Sept. 27 Knoxville – UT Conference Center • Oct. 7 Murfreesboro – DoubleTree Hotel • Oct. 20 Jackson – Jackson Madison County Regional Health Center For additional information, contact The University of Tennessee County Technical Assistance Service (CTAS) by calling (615) 532-3555 or through the CTAS website at www.ctas. tennessee.edu/public/web/ctas.nsf/ Training?readform. (DATES & LOCATIONS SUBJECT TO CHANGE)

CTAS Legal Consultant Note: The full text of all opinions summarized here are available on the website of the Tennessee Attorney General (www.tn.gov/attorneygeneral/op/opinions.html). EDUCATION School nutrition associations do not appear to qualify as “school support organizations” within the meaning of the School Support Organization Financial Accountability Act unless they solicit or accept money or other items of value in support of school activities, or engage in other school support activities encompassed by the Act. Op. Tenn. Att’y Gen. 16-27 (7/22/16). FIREARMS The provisions of T.C.A. § 3917-1313 allowing handgun carry

permit holders to transport and store firearms and ammunition in their vehicle in any public or private parking area take precedence over any conflicting provisions of state law or local ordinance or resolution prohibiting or regulating the possession, transportation, or storage of a firearm or ammunition. The provisions in T.C.A. § 39-17-1309 prohibiting gun possession in any public or private school building or on any property owned, operated, “or while in use by” a school would apply even when no students or school personnel are present in or on the property being used by the educational institution because the “use” of the property is not limited to the physical occupation of the property by people. The prohibition would apply to property on which a school stores materials or equipment with no people present. The possession

ban is not dependent on the physical presence of students or school personnel. Op. Tenn. Att’y Gen. 16-29 (7/27/16). LAW ENFORCEMENT Only POST-certified or state commissioned law enforcement officers are authorized to review video footage from unmanned traffic light cameras to determine whether a violation has occurred. Employees of private companies are not authorized to review the video footage to determine whether there has been a violation. Op. Tenn. Att’y Gen. 1624 (7/6/16). The person receiving an electronic traffic citation is required to sign the citation, but an officer may not require the person cited to sign a blank screen that is not part of a citation. If the blank signature screen is part of the citation, the officer may

arrest the person for refusing to sign it. An officer who has issued an electronic citation must provide the cited person with a paper copy of the citation. Op. Tenn. Att’y Gen. 16-26 (7/22/16). Effective July 1, 2015, Public Chapter 468 amended T.C.A. § 55-8-198 to prohibit the use of unmanned traffic enforcement cameras to issue a citation for violating the speed limit on any public road or highway. This provision applies to any contract by a local government to install, maintain, and operate unmanned traffic cameras entered into or renewed on or after July 1, 2015. This provision does not violate any state or federal constitutional provision regarding impairment of contracts. Op. Tenn. Att’y Gen. 16-28 (7/22/16).

RECENT COURT CASES OF INTEREST Compiled By KRISTY BROWN CTAS Legal Consultant HIGHWAYS Cope v. Hawkins County, No. E2015–01615–COA–R3–CV (Tenn. Ct. App. May 25, 2016)—The Hawkins County Commission Road Committee recommended a road be approved as a county road by the full county commission. The full county commission never voted to accept the road. Prior to selling the adjacent property, the landowners discovered the road had never been accepted as a county road. The Road Committee subsequently voted to rescind its initial recommendation and the property owners sued the county for

inverse condemnation. The property owners argued that by failing to accept the Road Committee’s recommendation and accept the road as a county road, the county reduced the market value of the adjoining property and caused the landowners to incur expenses related to maintenance of the road. The trial court granted the county’s motion to dismiss, finding that the property owners failed to state a claim upon which relief could be granted. The Court of Appeals affirmed. According to the Court, the property owners may have suffered an injury due to the county’s actions, but a taking did not occur.

TORT LIABILITY Williams v. City of Jamestown, No. M2015–00322–COA–R3–CV (Tenn. Ct. App. June 23, 2016)— Plaintiff fell in courthouse parking lot and injured his wrist. He then sued the county and city for damages. The county was dismissed from the lawsuit after the court determined the parking lot was owned by the city. The trial court found for the city and dismissed plaintiff’s claim with prejudice. The trial court found that the city did not breach its duty of care and even if it did, plaintiff was more than 50% at fault. Plaintiff appealed and the Court of Appeals affirmed. According to the

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Court, property owners “are expected to take reasonable steps to remove snow and ice within reasonable time after it has formed or accumulated.” The Court found that the city did not breach its duty as the city road department had scraped and salted the parking lot. The Court noted that it would have been difficult for the road department to keep the parking lot from refreezing due to the low temperatures. The Court held that the evidence did not preponderate against the trial court’s finding that the city did not breach its duty of care. ZONING Benson v. Knox County, No. E2015–01357–COA–R3–CV (Tenn. Ct. App. May 12, 2016)—Developers requested rezoning of 112-acre tract from Agricultural to PlannedResidential. They also requested approval of development plan, which included over 300 apartments. The Knoxville-Knox County Metropolitan Planning Commission rezoned the property and the Board of Zoning Appeals approved the development plan. A group of concerned citizens filed suit challenging the development. The plaintiffs challenged the inclusion of a particular parcel in the calculation of the development’s density. The plaintiffs argued the parcel should not have been included because it was not developable. The trial court upheld the decisions of the zoning officials and the Court of Appeals affirmed. The Court found that the parcel was properly included as developable property for purposes of the density calculation as under T.C.A. 54-14101 owners of landlocked property have the right to condemn access to a public road via a neighboring property. Also, the Court found that inclusion of the parcel was consistent with the county’s General Plan. Furthermore, the developers planned to conserve much of the area in question, leaving over half of the property undeveloped, which was also consistent with the county’s General Plan. Gulley v. Robertson County Planning and Zoning Commission, No. M2015-00734-COA-R3-CV (Tenn. Ct. App. May 12, 2016)— Property owner conducted private trash collection business on his property since 1997. At that time, his property was zoned Agriculture. Property was rezoned to Agricultural/Residential in 2005. Neighbors complained of condition of property and after investigation, the Robertson County Planning and Zoning Commission informed the property owner that he was not in compliance with the zoning ordinance and he needed to cease operating his business on the property. The property owner sought BZA review of the decision and lost. He then filed a petition for certiorari in chancery court. The chancellor upheld the BZA’s decision and the property owner appealed. The Court of Appeals affirmed. The Court found that the business was not in compliance with the 1997 zoning ordinance and was thus not entitled to grandfathered status. According to the Court, since the business was not in compliance with the current zoning ordinance and did not have grandfathered status, it must cease operations.

TDOT Adds 77 Miles

The Tennessee Department of Transportation has received approval from the Federal Highway Administration to designate State Route 840 as Interstate 840. The change was requested to encourage more economic growth and more traffic diversion around Middle Tennessee’s urban core. The primary purpose of SR 840 when it was initiated in 1986 was to promote economic development by improving access to the many communities located along the route. Since then, more than 20 major industrial sites have opened directly adjacent to SR 840. The 840 corridor was completed in 2012, providing access to Interstate 40 west and east of Nashville, along with connections to Interstates 24 and 65. It travels through Dickson, Hickman, Rutherford, Williamson, and Wilson Counties.

July - August 2016

BEP Continued from Page 1 ford to hire. Wealthier systems hired more educators and drew more money from the state. This degree of inequity is one reason the state lost the lawsuit brought in 1988 by a consortium of small, mostly rural school systems. To its credit, the Tennessee General Assembly set out to solve the problem before the lawsuit was heard and adopted the BEP and its funding formula before the lawsuit reached the state supreme court. The court ruled in favor of the plaintiffs in a 1993 decision called Small Schools I based on the state constitution’s equal protection clause, remanded the case to the trial court for further proceedings, and allowed the General Assembly to devise its own remedy. By most measures, spending equity improved at least through fiscal year 2004-05, and some show continued improvement since then albeit at a slower rate. Figure 1 is a graph of those measures applied to each fiscal year through 2012-13. The greatest improvement occurred through full funding of the BEP in fiscal year 1997-98. Table 1 shows the difference full funding made in each of the measures used by TACIR staff and the amount of improvement achieved at five-year intervals. In all cases, lower numbers are better. Although the leveling-off of improvement is apparent from the data in that table, it should not be missed that the amount of improvement achieved is significant and has generally been maintained. Map 2 makes that apparent. Looking at the two maps to-

TENNESSEE COUNTY NEWS / www.tncounties.org

gether, it’s hard to miss the leveling effect of the BEP formula. Only one county school system, Union, remains at the low end of the scale in map 2. Union County’s expenditures per pupil were 75% of statewide spending per pupil in 1991-92 and remain 75% of the statewide figure. The ten other school systems at 75% or below in 1991-92 were at 81% or better by 2012-13. In 199192, 16 school systems were at 110% or more of the statewide figure; only half of those remain at that level. The highest-spending school system in 1991-92 was Oak Ridge at one and one-half times the statewide figure. Oak Ridge is now the second-highest-spending school system but has fallen to 132% of statewide spending per pupil. The Franklin Special School District, at 141% of the statewide figure, is now number one and the only school system near the top of the scale in maps 1 and 2. Kingsport, second only to Oak Ridge in 1991-92, is no longer in the top ten. The legislature had two things in mind when it adopted the BEP formula: fund a new, more rigorous system of public schools and reduce disparity in spending. To accomplish the second goal, the formula was designed with a much larger local matching requirement. The minimal matching requirement for the TFP formula was the main reason spending disparity was so great that the state supreme court struck it down. A secondary reason is that it ignored the concentration of the sales tax base. The BEP formula changed both. It is counterintuitive, but the larger the local share, the more equitable the funding. Small local matches mean small differentiation in state dollars. That was one of the big problems with the TFP formula;

the state sent every school system about the same amount of money. Those with large tax bases could raise relatively larger amounts of local money than those with small tax bases, so differences in total education spending per pupil vary widely if not wildly. That’s what happens when funding formulas are mostly state funded. So to evaluate whether the BEP changed that—whether it caused the kinds of differences in state funding per pupil that were needed to even out spending—TACIR staff applied the same measures to state revenue per pupil that were used to evaluate equity in total spending. When applied to state revenue, the bigger the number the better, whether positive or negative. Figure 2 shows the difference the BEP has made. The leveling-out of state revenue per pupil is apparent in figure 2 and in table 2. State revenue equity improved as the BEP was phased in, but improvements halted in 2005-06 or shortly thereafter and remained flat through 2012-13. It may be that some local governments have reduced their own effort to improve education spending, allowing state funds to gradually take their place. Given the effort required for school systems with small tax bases to reach the spending levels of “richer” school systems, that is not necessarily a bad thing. But over time, local governments may cease increasing local spending as much as they had in the past, and that reduces the equalization effect of the formula. And certainly, the Great Recession affected local funding, just as it affected state funding. Increases in both were difficult, and that combination may explain the leveling-out of spending equity improvements in recent years. Another possible explanation is the concentration of wealth in certain systems. Moving

forward, these are important areas to examine. As noted in the report, given the differences in the needs of individual students—and the fact that they vary from system to system—measures of horizontal equity should not be

5

expected to reach statistical perfection. Indeed, as the Tennessee Supreme Court has said in its rulings on education spending equity, the issue is neither perfect equality in funding nor sameness. The pursuit of equity in spending will always

be an important issue in education finance. Statistical measures, including the ones discussed here and in the TACIR report, will allow Tennessee researchers and policymakers to recognize and follow emerging education finance trends.

July State Revenues Ahead Of Projections

Revenue Continued from Page 1 states fighting this battle currently are hoping for. Based on some language that has been appearing in recent Supreme Court opinions, there is a belief that the Court would overturn previous decisions if presented with a proper challenge. Procedurally, state agencies wanting to amend, delete, or add new administrative rules to their operations need to submit their written rule proposal to the Secretary of State’s office and hold a public hearing on the rule changes. On August 8th, the Department of Revenue held a public meeting on their proposed rule changes. Representatives of brick-and-mortar stores filed letters in support of the Department’s efforts while some Tennessee business owners opposed the measure because they felt if Tennessee attempted to force out-of-state internet businesses to charge these taxes then other states would “retaliate” and charge Tennessee businesses selling goods in other states similar taxes. The Department of Revenue has proposed rule changes to multiple areas of their administrative rules base, not just the rule impact-

Total Tennessee tax revenues for July were slightly more than the budgeted expectation, according to Finance & Administration Commissioner Larry Martin. He reported that July, which ended the accrual fiscal year, recorded a net positive growth of 0.74 percent, compared to July of 2015. Overall, July revenues were $1.0 billion, which is $13.8 million more than the state budgeted. “July revenue results were somewhat mixed,” Martin said. “With sales taxes, we had stronger than anticipated growth but corporate and business taxes experienced negative growth. Also, all other taxes, taken as a group, were marginally below July 2015. “Despite the mixed results in July, the year-to-date growth rate for all taxes ended the year well above last year’s revenue performance. It is important to note that despite the underperformance with corporate business taxes in July, year to date these taxes have a strong positive growth.” General fund revenues exceeded the budgeted estimate in the amount of $11.3 million. The four other funds that share in state tax revenues were also in excess of budgeted expectations by $2.5 million. Sales tax revenues were $29.6 million more than the estimate for July. The July growth rate was positive 5.96 percent. For 12 months, August through July, revenues are over budget by $375.7 million. The year-to-date growth rate for the 12-month period was positive 7.07 percent. Franchise and excise taxes combined were $22.1 million less than the budgeted estimate of $78.4 million. The growth rate for July was negative 30.06 percent. For 12 months revenues are $349.9 million more than the budget estimate. The year-to-date growth rate was positive 3.82

ing internet sales. Portions of taxpayer remedies for disputed taxes, the tax enforcement procedures act, business tax rules and regulations, state sales and use tax rules, as well as franchise and excise tax rules and regulations are either being amended, repealed, or have new rules within them being created. Any state agency, when seeking to change an administrative rule, is required to file an explanation of their proposed rule changes with the Secretary of State’s office, which includes a detailed description of the rule change, a list of who the rule change will affect, and how the rule will impact state and local government as well as business. The Joint Government Operations Committee, which consists of eight Senators and twelve Representatives has the power to hear and review testimony by the agency proposing the rule. The Committee has the power to stay implementation of the rule for up to 75 days past the 90 day required period. If a stay is initiated, once completed, the remaining time of the 90 day period continues; after which, the rule will become permanent. Statutorily, the Department of Revenue, when speaking before the Committee regarding the rule change, will be required to justify that they have the authority to adopt the rule, that the rule is not in conflict with or contradictory to ex-

isting law, if the rule adversely impacts business, among other things. The Committee may then express its disapproval of a rule if it feels that the rule fails to satisfy these requirements. The Committee does not have the authority to deny an agency a rule change; however nothing prevents the General Assembly from omitting a specific rule when enacting yearly routine legislation which codifies administrative rules adopted by agencies from the previous year. If that were to happen, the omitted rule would expire on June 30th of that year. From a procedural standpoint, the Department of Revenue has fulfilled its requirements; what, if any, action the Joint Government Operations Committee will take is unknown. Future action, whether litigation by out-of-state businesses or legislative action by the upcoming General Assembly, is also indeterminable but this issue is likely to be one that isn’t resolved as easily as with an administrative rule change. To watch the archived Joint Government Operations Committee meeting, visit the General Assembly’s website at www.capitol.tn.gov. To read the documents submitted by the Department of Revenue regarding their proposed rule changes, go to http://share.tn.gov/sos/rules_filings/06-22-16.pdf.

Agenda Continued from Page 1 coordination between county offices or local governments that resulted in enhanced delivery of services. If you would like to have a project or achievement considered for recognition, submit your nominations to the TCSA executive director at tcsa.connor@tncounties. org or by faxing the central office at (615) 532-3769. Please send a brief written description of the project or accomplishment along with contact information of the person making the nomination in case more information is needed. Nominating committees Nominating committees for the Tennessee County Services Association and two of its affiliates – the Tennessee County Commissioners Association (TCCA) and the Tennessee Association of County Mayors (ACM) – are scheduled to meet on Wednesday, Oct. 12, to discuss nominations for officers for the coming year. Note that because the election of officers for the Tennessee County Highway Officials Association does not coincide with

percent; however, after factoring out the one-time tax payments received last year, the effective growth rate for twelve months is approximately 11.41 percent. Privilege tax revenues were $4.8 million more than the July estimate. For 12 months revenues are $39.6 million more than the budgeted estimate. Business tax revenues were $0.1 million less than the July estimate. Yearto-date revenues for 12 months are $11.5 million more than the budgeted estimate. Inheritance and estate tax revenues were $2.4 million less than the July estimate. For 12 months revenues are $16.6 million more than the budgeted estimate. Hall income tax revenues for July were $0.4 million less than the budgeted estimate. For 12 months revenues are $55.5 million more than the budgeted estimate. Tobacco tax revenues were $0.4 million less than the budgeted estimate of $23.2 million. For 12 months revenues are $16.1 million in excess of the year-to-date estimate. Gasoline and motor fuel revenues for July exceed estimates by $4.9 million. For 12 months revenues exceeded estimates by $40.1 million. All other taxes for July were less than the budgeted estimates by a net of $0.1 million. Year-to-date revenues for 12 months were $925 million more than the budgeted estimate. The general fund recorded revenues in the amount of $852.4 million more than the budgeted estimate, and the four other funds $72.6 million more than the budgeted estimate. With passage of the 2016-2017 appropriations act, the General Assembly recognized an additional $376.1 million in total tax revenue and a corresponding increase in general fund revenues in the amount of $355 million for the current fiscal year.

TCSA’s Annual Fall Conference, no nominating committee exists for TCHOA. TCSA board - Positions being considered for the TCSA board include a Middle Tennessee county commissioner for second vice president; a three-year term for a West Tennessee county mayor; a threeyear term for East Tennessee county commissioner; and a three-year term for a Middle Tennessee county highway official. Those interested in serving on the TCSA board of directors would contact committee members Henry County Commissioner Paul Mathenia at (731) 642-0438, Sumner County Executive Anthony Holt at (615) 452-3604 and Washington County Hwy. Supt. Johnny Deakins Jr. at (423) 753-1714. ACM board - For those interested in serving on the ACM board, contact Cheatham County Mayor David McCullough at (615) 7924316, Hardin County Mayor Kevin Davis at (731) 925-9078, Washington County Mayor Dan Eldridge at (423) 753-1666 and Crockett County Mayor Gary Reasons at (731) 696-5460. TCCA board - County commissioners interested in serving on the TCCA board of directors should be in contact with TCCA Nominat-

ing Committee members, which include Chair Landis Turner of Lewis County at (931) 796-5317; Obion County Commissioner Ralph Puckett at (731) 479-2576; Weakley County Commissioner James “Jim” H. Westbrook at (731) 3642118; Obion County Commissioner Danny Jowers at (731) 446-4118; Montgomery County Commissioner Tommy Vallejos at (931) 645-6785; and Hamilton County Commissioner Warren Mackey at (423) 2097200. Business Meeting Attendees will finish their week Friday morning with the association’s annual breakfast, where delegates will have their business session. Included on the agenda are voting for and installing the 20162017 board members and officers, as well as discussion on adopting changes to the TCSA by-laws. At the same time the associations as a whole will vote on its legislative platform, an issues guide for TCSA and affiliates as the first session of the newly elected 110th General Assembly prepares to convene for the first time in January 2017. Further information about the conference, as it becomes available, will be posted at TCSA’s website, www.tncounties.org.

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TENNESSEE COUNTY NEWS / www.tncounties.org

Meetings Continued from Page 1 led by staffers with TCCA, the Tennessee County Services Association (TCSA) and others. The statewide series of TCCA meetings will begin August 29 in Washington County and run through September 27 in Bradley County. In addition to county commissioners, also invited are county mayors and county highway officials, as well as members of the Tennessee Congressional delegation. Incumbent and candidates running for seats in the Tennessee General Assembly are also invited. All meetings begin with the meal at 6 p.m. LOCAL TIME, with the program running to about 8 p.m. The program will include a legislative overview from the most recent session of the General Assembly, as well as news about public policy happenings county officials might expect during the next year or two. These August and September meetings of county mayors, highway officials and commissioners are traditional held prior to the TCSA Annual Fall Conference held in October. The legislative platform for the organizations is traditionally adopted at that conference each year. So TCCA can best plan for this year’s regional meetings, county officials are asked to simply contact the TCCA office to let us know which meeting you will be attending. Contact TCCA by calling (615)

Broadband Continued from Page 1 was also suggested in order to help reduce operational costs for the placement of fiber optic cable. The study also provided the state could develop specific initiatives that target areas which historically either did not utilize broadband or under-utilized it, for instance focusing on increasing utilization by local governments and health care providers or supporting libraries and economic development agencies in increasing broadband utilization by citizens in those targeted areas. It was also recommended that the state develop a three to five year plan of action and establish a state broadband office or local technology teams which would have defined functions and objectives in imple-

July - August 2016

532-3767 or by emailing either Carol Engroff at tcsa.engroff@tncounties.org or Heather Elliott at tcsa. [email protected]. The TCCA regional meeting schedule is: • Aug. 29, 2016 - Washington County at the Jonesborough Visitor’s Center, 117 Boone St., Jonesborough, TN • Aug. 30, 2016 - Knox County at Calhoun’s by the River, 400 Neyland Dr., Knoxville, TN • Sept. 1, 2016 - Henry County at Paris Landing State Park, 400 Lodge Rd., Buchanan, TN • Sept. 13, 2016 - Madison County at the Catfish Cabin, 1290 S Highland Ave., Jackson, TN • Sept. 15, 2016 - Putnam County at Del Monaco Winery, 600 Lance Dr., Baxter, TN • Sept. 20, 2016 - Robertson County at the Catfish House, 3424 Tom Austin Hwy., Springfield, TN • Sept. 22, 2016 - Marshall County at Henry Horton State Park, 4358 Nashville Hwy., Chapel Hill, TN • Sept. 27, 2016 - Bradley County on the campus of Lee University, N Ocoee St, Cleveland, TN Also planned for this fall are a number of TCHOA regional meetings, which include: • Sept. 7 at 11 a.m. (EST), Region I at Calhoun’s, Gatlinburg • Sept. 15 at 11 a.m., Region IV, Catfish Cabin, Jackson • Sept. 20 at 11 a.m., Region III, Williamson County Agricultural Center, Franklin • Sept. 29 at 11:30 a.m. (EST), Region II, Southern Bell Riverboat, Chattanooga menting that plan of action. Intra and inter-governmental planning and cooperation was also noted as a suggestion to help aid in the implementation and maintenance of a statewide broadband initiative. The study will most likely be discussed at length at the upcoming TACIR meeting with testimony from ECD officials. Commissioner Boyd has announced an internal working group will be created and review the report to develop potential solutions. He said, “Not every option included in the report may be the answer for Tennessee, nor is there one simple solution. With the menu of options provided in the study, decision makers can begin a dialogue to find a win-win-win combination to ensure our communities have the broadband they need.” To find a full copy of the report, go to http://www.tn.gov/assets/entities/ecd/attachments/broadbandstudy.pdf.

Need money for local projects? Two note issues from the TCSLP are helping Dickson County with $185,000 for solid waste equipment and $170,000 for a new truck and ambulance. The Tennessee County Services Loan Program offers: • low rates, • lowest costs, and • best service. We’re making great counties even better. One loan at a time.

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Dickson County Mayor Bob Rial, seated left, signs loan documents during a recent closing. Seated with Mayor Rial is Joe Corlew, SVP and CEO of First Federal Bank in Dickson. Standing are Tennessee County Services (TCSA) Loan Program Representative Steve Walker, left, and Dickson County Clerk Luanne Greer.

July - August 2016

TENNESSEE COUNTY NEWS / www.tncounties.org

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TENNESSEE COUNTY NEWS / www.tncounties.org

July - August 2016

BOB MARTINEAU

Martineau Leads TDEC Focus On ‘The Next Generation’

By JUDITH TACKETT Conservation and sustainability rank high on Commissioner Robert “Bob” Martineau’s priorities in his job as the head of the Tennessee Department of Environment & Conservation (TDEC). Of course, Tennesseans expect that from their TDEC Commissioner. However, what may come as a surprise is the focus on resultsoriented, innovative approaches that Martineau brings to his leadership style. Martineau, who was appointed by Gov. Bill Haslam in 2011, believes wholeheartedly that calculated risktaking is also a must in responsible governmental work. He likes to think of himself as an innovator and changemaker. “It’s one of the things that I think the governor was looking for in his cabinet members,” he said. “He was looking for people who did not just want to maintain the old ways but people who think about solutions in new and innovative ways.” Wi t h d e m a n d s o n s t a t e government constantly growing but no extra taxpayer dollars to do more, the question has become how to change the way of doing business. “The governor asked us to be innovators.” But maintaining an efficient and effective department is not the only example of how Martineau has been able to innovate as TDEC’s chief executive. He’s helped usher the governor’s new performancebased reward system, which rewards employees based on merit rather than seniority. Martineau has also helped the agency put the right people in the right places. Before his tenure, the only way for Bureau of Environment employees to advance in the department was to take on additional supervisory responsibilities. This can be problematic for employees that are more technically focused rather than management-oriented. Now, employees can take one of two career paths: a path that allows staff to advance based on development of their technical skills, and a path that allows staff to advance using their management and technical skills. Martineau said he likes being in a leadership role and is constantly looking at ways for improvement. Since early childhood, he has been involved in extracurricular activities that helped develop his leadership, like student council president, Martineau editor of the school paper, or a member of the debate team. Later on, he served as board chair of nonprofits and has participated in leadership programs such as Leadership Nashville and Leadership Tennessee. He believes such leadership programs, which are available at local and regional levels, help people connect to the issues in the areas where they work and live. Participating in these programs are good ways to meet people outside of the daily routine and state and local elected officials can benefit from participating in these organizations. Professionally, Martineau gained his vast experience from practicing environmental law for more than 30 years. From 1988 to 1994, he worked in the Office of General Counsel for the U.S. Environmental Protection Agency (EPA), and later he represented clients in the private sector as a partner at the Waller law firm in Nashville for 16 years. Thus, he gained both public and private sector perspectives – being in the seat of the regulator and representing clients who were the regulated entity. “I like public service,” he said. “I think government can do good things.” Although, he concedes that sometimes government gets too much into people’s business. “But I see government as a resource to do good things and to help communities grow. “At the end of the day, for TDEC it’s about the mission, … we owe it to future generations to make sure they have clean water and clean air.” In a nutshell, what makes sense to Martineau is to make a difference, not just today, but for our future generations – to preserve land and open spaces and leave our Tennessee piece of the world a clean and accessible place for our children and grandchildren. The way to achieve this goal is to be connected and create awareness to one’s surrounding and across different sectors. For Martineau that is the key to creating successful partnerships and implementing new goals. TDEC’s progress is a part of a larger network spanning local, state and federal government, public and private entities,” Martineau recently wrote in article he penned for the September/October issue of the Tennessee Conservationist magazine. “We are most successful in achieving our goals when we are working with strong partners in solid partnerships.” TCN: The Department of Environment & Conservation is celebrating its 25-year anniversary. How do you feel this department has changed the lives of Tennesseans during the last 25 years? BM: There are a lot of things. We have dual roles because we protect our natural resources in terms of our parks and natural areas. We have 56 parks now and about 200,000 acres of land. And then we have our environmental protection role as the

Commissioner Bob Martineau, above right, and Gov. Bill Haslam talk with Environment & Conservation staff during an employee forum. As the face of TDEC, Martineau often tours the state to make site visits and meet with county government officials as well.

state environmental agency. Over the past quarter century, we have made a lot of progress on both fronts. We have had huge population and economic growth in the state in terms of our gross domestic product during that time, and our emissions from air and water discharges have actually come down. So we have been able to allow for substantial growth while reducing emissions and making the environment better for people. Our approach, and the governor has really embraced this, is to view environmental protection and economic development as an “and” rather than an “either or.” Many people still believe that you cannot have both – environmental protection and economic development – at the same time. Having clean drinking water and clean streams for people to fish in enhances the quality of life in a community, which actually attracts businesses moving to Tennessee from other parts of the country. Therefore, we look at how we can foster economic growth AND make our state even better to live in from an environmental protection standpoint. T C N : Yo u h a v e h a d a distinguished career as an attorney in the field of environmental law, including a stint working in DC for the EPA. How would you compare and contrast work in state government with both the private sector and the federal government? BM: I look at comparing federal government and the state government first. I was at different parts in my career in each. As a young lawyer at the federal government, that was obviously a different role than running an agency, as I am now. Generally, as big as we think state government is, it is still small enough to do something and affect real change. The federal government is so big, it’s hard to move that ship around very much in a short period of time. It is a much longer, slower process. Of course you’re impacting national policy at the federal government. But at the state you can change an organization, you can change a culture, you can make differences that have immediate impacts and are more real. In terms of comparing private s e c t o r with the government sector, you often hear people say that they wish government would be more run like a business. Certain principles in regard to efficiency and being lean can be brought in from the private sector to the public sector. Government can also learn and benefit from looking at change management and creating a sense of urgency that the private sector is doing well. But any large institution, regardless of whether it’s in the public or private sector has some cumbersomeness to it. It is important to look at ways you can affect change wherever you are. The main difference in the public sector is the public scrutiny, so decision-making is much more in the public eye. It is easier to make mistakes in the private sector. If you want to try a new product and it fails, well if the company was behind you in investing in that new product, you try something and then take corrective measures. In the government, when something new fails, then you probably read about it in the newspapers in terms of that it was a waste of taxpayer dollars. That’s why you see government often being slow to change because if you’re just doing the same things you’ve always done, then nobody is going to complain, even if that’s not very efficient and even if that’s wasting money. If you are an innovator and a change agent not everything you try is going to work. Here at TDEC, we are trying to get into a place where we encourage people to seek agreement to try some innovative things and learn from those experiences. We shouldn’t punish

people for trying something new. Of course, if you are trying something new and you haven’t really done the research, thought through the potential consequences, and done your analyses, if you are doing something just on a whim, that’s not good. But if you thought of a new idea and weigh in with a business plan that predicts clear benefits, but then it doesn’t work out as expected, you go back and find out why it didn’t succeed. We want to encourage a little innovation and risk-raking in government. However, there is a risk to that because it can potentially lead to wasting money if it doesn’t succeed. TCN: With your accomplished background, what drew you to service in Tennessee government? BM: Having been in the federal public sector and having practiced environmental law – I’m very familiar with the regulatory agencies. Plus, it was truly an honor to be asked by the Governor to come and be part of a team where he was going to promote innovation and new thinking. If he had said, “I just want a caretaker for this job” I wouldn’t have been interested. TCN: What do you consider the greatest environmental challenges facing Tennessee? BM: Water resources are always a big challenge – upgrading our water infrastructure to ensure safe drinking water for all our citizens. You know, Flint, Michigan, has been an example of where things failed. We don’t want to be in that situation. Other issues we are facing related to wastewater treatment, air quality, and to continue to find ways to allow for economic growth while still protecting the environment – that is the constant challenge. TCN: You have identified outreach and proactive education as part of the approach for the department. How can county officials take advantage of this assistance? BM: The short answer is, “Call for help.” We put a regional director for external affairs in each of our field offices. We’ve told county and local officials, “When you have an issue, deal with a challenge, don’t know how to solve a problem, or you’re trying to bring a new business into the community and don’t know what permits they need, contact us on the front end, early in the process, and we can help navigate you through that process.” The challenge we get into, and it’s really improved in the last few years, we used to get that call, “Well, we’re about to have a groundbreaking tomorrow and we just found out we need a permit, but we need it by tomorrow.” Well, that can’t work because there is an entire process to follow. So if you get us involved early, we can be your partner and help identify solutions to any challenges that may present themselves. TCN: County governments are impacted by a number of environmental regulations involving air quality, water quality, and solid waste management. Where do you see counties doing well? What areas need work? BM: I think overall things are moving really well in the right direction. As I go out and meet with county and local mayors, they see us much more as a partner to help them achieve their goals in their communities and counties, rather than an impediment, and that changes how we interact with each other. We’ve worked with our staff to ensure that we are solutions-oriented and do not just point out problems. We want to offer suggestions on how local officials can get to their goals. In the end the solution may not look exactly how it was drawn up in the beginning, but we can get there in another fashion by having open communication and transparency.

Another point is that we are often seen as the regulatory agency that gives out permits. We are that, but beyond handing out permits, we also are a huge funding resource. Examples of funding sources include local parks and recreation grants; RTP grants, which are for trails and things; wastewater treatment programs where we can help build the infrastructure in a local community; and also clean energy grants where we help put energy efficiency projects in public facilities such as schools and waste water treatment plants and other public buildings. Also, it can be a big plus for elected officials to understand that we are not only a financial resource but also a technical resource. One example is Sevier County, which is a leader in recycling and diverting waste away from landfills. Other counties in rural areas have more challenges to building successful recycling programs. Different counties have different strengths and challenges based on their population, their location, their resources – some counties have a lot of water that’s available to them, other counties are struggling during a drought to make sure they have adequate water resources. TCN: Speaking of recycling, the department has ambitious goals for increasing recycling in Tennessee. Many counties are finding that market changes are making it more difficult to find beneficial end users for the recyclable materials they collect. How can state and county governments work together to find a cost effective solution to this challenge? BM: Twofold. We want to be a clearing house for information. We want to make sure we marry up the manufacturers and suppliers that may have a byproduct from their processes that may be someone else’s raw material. And we try to find creative solutions. For example, the people in Sevier County are taking waste and turning it into compost materials. They sell that back to people who mix it together with soil or package it as compost or manure, and in the end it gets offered to consumers at retailers like Home Depot. Some people are using their waste to turn it into energy. Lebanon is now working on building a waste energy facility. We will be at a ribbon cutting for that in a few weeks. So for counties that want to be creative and think outside the box, we can be a technical resource. We funded what’s called Hub and Spoke grants to some of the rural counties where it is not cost effective to set up their own recycling center, but if three or four counties bond together and do a centralized recycling center they can produce enough volume to support that facility. There is a recycling center done just outside Jackson that will be serving three of four counties in that area. And obviously, we’re working with locals on making these recycle markets achieve long-term stability. We’re now working with counties, the tire manufacturing industry and retailers to find solutions about waste tires. I hear from county and city mayors a lot that old tires are a problem for illegal dumping. The real solution is to find an end product. So we’re funding research and working with the tire industry and others to look at what kind of products could be used from scrap tires – whether that’s playground material or shredding the tires very fine and mixing it in with mulch and other things. There are a lot of different ways. We are going to do a pilot project to use tires in roadway material. It actually helps the roads last longer. If we can find markets, even if they don’t get paid for it, if they can avoid disposal costs and we can get it to that market… those are some solutions that we hope for. TCN: Are you looking outside of Tennessee for solutions? BM: We’re always looking at best practices. We are part of an organization called Environmental Council of States, so we share best practices across the country. We have a fall meeting this September. One of

the topics is waste tires and looking for innovative solutions on the tire issue. We’re always looking at energy efficiency issues as well. So yes, we try to share best practices. One of the challenges is looking at the cost of landfill disposal. Particularly in Europe the cost of landfills is much higher. The higher the cost, the more willing governments are to invest in ways to avoid putting waste in landfill disposal. Counties are moving away from landfills, looking at waste management. If you can avoid putting waste into landfills you don’t have to take care of it for 500 years. That’s the ultimate goal, but you need to reach that economic tipping point. You want to do it for the environmental benefit, but at the end of the day it also has got to be a business decision that makes sense. That is where you get the buy-in. TCN: In addition to protecting the environment, TDEC manages our state parks and recreation facilities. What assistance is available through TDEC for counties that are trying to expand or improve their parks and recreational facilities? BM: We have our Parks and Recreation fund and just this week we announced $17 million to go out to 55 different communities. We give out those grants every two years. The money comes from the real estate transfer tax, so the amount of money disbursed varies every two years. This year, we gave out $15.8 million in local parks grants and $1.9 million for our recreational trail programs for 12 parks and communities across the state. Our state parks obviously are in these communities, and we are a driver for economic development around parks. Cummings Falls is a great example. It is a relatively new state park in Cookeville. The county and the city mayor noticed an uptick in their hotel and motel usage. It has just become such a popular place to hike and swim. They can see the direct correlation of the park’s recreational activities to their overnight stays. Fall Creek Falls State Park is located in Van Buren County, and we are the largest employer in that county. In addition, bait shops and marinas and restaurants and other businesses built up around the park, too. So we are a real economic driver. Commissioner Boyd in the Economic & Community Development Department is really focused on rural economic development in distressed counties. When you look where our state parks are located, a lot of them are in distressed areas of the state. Getting tourists to those parks helps those local communities because of either the direct jobs or indirect tourism benefits. We are doing online reservations now, which is something we didn’t have a couple of years ago. Now when they make a reservation at one of the inns, the cabins, or the campgrounds, we are able to track better where people are coming from. Since we’ve gone to the online campground reservation system, we have seen a 20-percent uptick in visitors for those facilities, and we find that about 30% of those people are out-of-state tourists. So that’s dollars coming into those communities. And you don’t think about it, but I realized it since coming here that the campground is an overnight accommodation and so if the county has a motel/hotel tax, those are taxes going right into that county for every night somebody stays at a campground or an inn. And obviously that goes for the regular sales tax for people playing golf or eating in restaurants and stuff like that. Last year we did about $41 million in sales revenue, 8-10% of that is going back to local counties and then the local hotel/motel tax would be on top of that. We are real partners with local governments. The other thing we do from a funding standpoint is provide funds that are low interest loans for communities to upgrade their waste management treatment plants and their drinking water supplies, so we have safe water treatment facilities.

TCN: What environmental issues do you anticipate coming before Congress or the General Assembly in the upcoming year? BM: In Congress obviously, the climate change/greenhouse gas emissions issue is going to be the controversial issue. It is going to go to the Supreme Court, and depending on what happens in the elections, it may be going before Congress. Regulating water in the U.S. and how you regulate discharges to water and streams is a political issue right now. There are challenges to an EPA rule that’s in ongoing litigation. Post Flint, there is a lot of focus on safe drinking water and protecting public health and investing more resources in those public drinking water supplies and making sure that infrastructure is upgraded. There probably will be legislation requiring more testing of drinking water supplies more frequently to ensure the public is safe. TCN: Are there any specific state issues that you anticipate coming up? BM: We’re always looking at the infrastructure and how to upgrade wastewater treatment facilities and addressing storm water run-off. Our big sources of pollution now are not just the big companies because they are largely controlled. It’s what is called “non-point” run-off from construction sites, residential developments, city streets, and then agricultural operations – fertilizers and things like that getting into the water. And that is just a tough thing to regulate because there is not a pipe to control these run-offs. The way to keep an eye on them is through best management practices, green infrastructure, rain gardens, making sure you have detention ponds at subdivisions, so construction sites are not washing untreated run-off into a creek. And those are challenges. TCN: What advice would you give to a new county official who is trying to be informed and effective with regard to environmental issues? BM: First, feel free to pick up the phone and call the external affairs director in your region. Second, go to our TDEC website – www. tn.gov/environment. We have a lot of information on there, for example, if you want to build X or do X, the website is a great start to find basic information on what kind of permits you need and then find out what the requirements are. County officials always say that MTAS (Municipal Technical Advisory Service) and CTAS (County Technical Assistance Service), both through The University of Tennessee, are good resources. Then you have UT Agricultural Extension offices, county services groups, TACIR (Tennessee Advisory Commission on Intergovernmental Relations) – are all resources for information or technical support in addition to us. TCN: What is something county government officials should know about TDEC that they probably aren’t aware of? BM: I think going back to the funding, most county mayors probably think of us as the people you have to go to get permits from. I usually tell them that we are more than that, a) we are a resource for infrastructure – waste water, drinking water, loans – and then b) we have the local park and recreation grants. We gave them out to 55 communities and we had over 100 apply, so it’s getting more well-known. We also have the energy efficiency grants. We have a list of funding available. I think that is usually a surprise to local officials to understand how many dollars we push through to local communities that are in a sense economic development dollars. And we value the input we receive from local governments. Most of our regulatory boards – air, water and waste boards – at the state level have local elected officials who serve on them. We appreciate that input and feedback to have the local perspective on those regulatory boards. We understand that things are built at the local level and that’s where the first calls come in when there are issues about flooding, waste tire dumps, and things like that. I think that’s the main thing, to understand that TDEC is not just a permitting agency, but we are a resource for both technical support and also financial support. TCN: Is there anything else you want to add? BM: We view local government, county and city officials, as partners. They are at the local level of public sector and many of them are part-time officials. Their goal is to do good for the community and so whether it’s TDEC or any other agency at the state, we want to be a resource to help promote those communities to be successful. Whether that’s through better educational opportunities, more jobs, making sure their drinking water is clean, all of those things. Are we going to disagree on some things? Yes, sometimes. We are in a unique relationship with county mayors because they are local government but we also sometimes regulate them. So it’s kind of a unique relationship. It should not be an “usthem” relationship between the local and state levels. It should be an “us” relationship. In the end, we have the same goals – to improve the quality of life and leave a better place for the next generation.