March 11, 2008 Agenda for Mayor & Board Meeting

REGULAR TOWN OF SELMER MAYOR & BOARD MEETING
March 11, 2008
IN SELMER CITY HALL


I. CALL TO ORDER
Prayer – Ray Burks – Lakeview Baptist Church
Pledge – TBA

II. MINUTES – Board approval required

III. REPORTS
$ Financial – Board approval required
$ Judicial –
$ Police –
$ Fire –
$ Recreation –
$ Building inspector –
$ City Attorney –
$ Planning Commission –
$ Public Works –

Presentation by Economic & Community Development Director Ted Moore

IV. PRESENTATION OF PETITIONS OR PERSONS WISHING TO ADDRESS THE BOARD OF MAYOR AND ALDERMEN

V. OLD BUSINESS

* 2nd Reading of an Ordinance amending the number of members of the Municipal-Regional Planning Commission from five (5) to seven (7) members

VI. NEW BUSINESS

* 1st Reading of an Ordinance to amend Title 9, Chapter 9 of the Selmer Municipal Code regulating yard sales in the Town of SelmerThis ordinance eliminates the $5.00 fee, eliminates the hours of operation, requires signage to be taken down after sale, not during and allows citizens to telephone City Hall for a permit

* Approval of proceed with renovations to the Selmer City Hall CourtroomBids received were: Hawkins Construction for $17,825, which does not include flooring or painting of sheetrock.

* Approval of Resolution adopting a schedule of fees pertaining to Title 10, Chapter 10 of the Selmer Municipal Code (Animal Control)Fees associated with the Corinth-Alcorn County Humane Society

* Approval to pursue Homeland Security Grant to replace Fire Engine No. 4

There will be a work session at 4:30 pm, Monday, January 7, 2008 at City Hall

February 12, 2008 Agenda for Mayor & Board Meeting

REGULAR TOWN OF SELMER MAYOR & BOARD MEETING
February 12, 2008
IN SELMER CITY HALL


I. CALL TO ORDER

Prayer – Mike Pilcher – First United Methodist Church
Pledge – TBA

II. MINUTES – approval by board

III. REPORTS

$ Financial – needs to be approved by Board
$ Judicial –
$ Police –
$ Fire –
$ Recreation –
$ Building inspector –
$ City Attorney –
$ Planning Commission –
$ Public Works –

IV. PRESENTATION OF PETITIONS OR PERSONS WISHING TO ADDRESS THE BOARD OF MAYOR AND ALDERMEN

V. OLD BUSINESS

* 2nd Reading of an Ordinance to abolish Ordinance Number 532 and restoring Section 8-214 of the Selmer Municipal Code (Beer Ordinance)

* 2nd Reading of an Ordinance to delete Ordinance Number 527 and add new regulations, concerning the regulations of yard sales in the Town of Selmer

* Reconsideration of veto of Resolution amending the Town of Selmer Personnel Policy to reinstate the right of appeal of an employee before the Board of Aldermen before removal, demotion or suspension for more than ten (10) days

* Reconsideration of veto of Resolution to require all meetings of the Mayor and Board of Aldermen to be recorded with City Recorder in attendance

VI. NEW BUSINESS

* Appointment of Dr. Shawn Pitts to the Selmer / McNairy County Industrial Development Board

* 1st Reading of an Ordinance amending the number of members of the Municipal-Regional Planning Commission from five (5) to seven (7) members

* Approval of a $2,000 grant to the McNairy County Regional Airport to assist in the qualifying match for State Grant

* Approval of proceed with renovations to the Selmer City Hall Courtroom

* Approval of Resolution for LPRF Grant application

There will be a work session at 4:30 pm, Monday, January 7, 2008 at City Hall

Veto of Resolution No. 1-08-01-08 approved January 8, 2008

Veto of Resolution No. 1-08-01-08 approved January 8, 2008

Pursuant to Section 13 of the Charter of the Town of Selmer, I hereby veto Resolution No. 1-08-01-08, on this the 17th day of January, 2008.

Per Section 13, it is required that the reasons for a veto be communicated in writing to the Board of Aldermen, therefore those reasons are listed below.

This resolution requires that all meetings of the Mayor and Board of Aldermen to be recorded. An amendment to this resolution added during the January 8th board meeting required, that in addition to recording all meetings, that the City Recorder be present at all meetings as well.

My veto concerns the requirement that the City Recorder be present at these meetings. I have no issue with recording these meetings, which in essence are the working sessions, as all regular and special called meetings would carry the requirement to be recorded and attended by the City Recorder under state law pertaining to open meetings.

The purpose of working sessions is to provide a forum for free and open dialogue, fact gathering, question and answer opportunities in order to insure full understanding of issues and thereby giving the aldermen the ability to make intelligent, rational and informed decisions. No votes or decisions are made at working sessions.

I respectfully request that the board revisit this resolution and eliminate the requirement that the City Recorder attend the working sessions. It would be an imposition on her, and I believe a waste of her time to simply sit in these meetings when no decisions would be made. The Town of Selmer can provide a recording device for the working sessions.

Certainly it is very important for the City Recorder to be involved in those meetings where decisions are made and are required to be recorded and to this end, that requirement is currently being met.

Respectfully,



David Robinson
Mayor, Town of Selmer

Veto of Resolution No. 1-08-08 approved January 8, 2008

Veto of Resolution No. 1-08-08 approved January 8, 2008

Pursuant to Section 13 of the Charter of the Town of Selmer, I hereby veto Resolution No. 1-08-08, on this the 17th day of January, 2008.

Per Section 13, it is required that the reasons for a veto be communicated in writing to the Board of Aldermen, therefore those reasons are listed below:

As background, the Charter was changed in July 2006 removing the language of a formal board hearing for an employee that was removed, demoted or suspended for more than ten (10) days and requiring a written notice to the employee by the department head of the intent to suspend, remove or demote that contained a clear statement of the grounds for the proposed action and notifying the employee of their right to a formal board hearing.

Extensive research was done on the issues of an “at will employer” and “employee property rights” that the existing language brought into question. Both MTAS (Municipal Technical Assistance Service) and TML (Tennessee Municipal League) Risk Management Pool were consulted for their expertise and advice on this action prior to eliminating the language from the Charter. It should be noted that at the end of the research, four (4) of the five (5) aldermen voted in favor of the change in July 2006.

Once again I have consulted TML, and the following review is by J. Todd Moore, Counsel for the Tennessee Municipal League Risk Management Pool:

“I have reviewed the resolution you sent me regarding the amendment to the Selmer personnel policy that would provide for a hearing for certain disciplinary actions. As discussed, the resolution would give Selmer employees property rights in their employment with the Town. This amendment would require that the Town be able to prove (at least to the Board’s satisfaction) that the disciplinary action was justified. Generally, this type of personnel policy provision increases the potential liability exposure for the Town because a court may find either that (1) the Town failed to give an employee due process during the hearing; and/or (2) that the Board’s decision was incorrect. In addition, these type of hearings can be difficult, time consuming and expensive to conduct. For all of these reasons, I normally recommend that municipalities try to maintain “at will” employment status as much as possible.” At best, the “at will” status of the Town of Selmer is blurred with the addition of this language.

MTAS provides this clarification:

“A property right in employment means that an employee has some claim of entitlement to continued employment. The employee is in essence afforded a sort of tenure, just like teachers. Once a property right is created, it is protected by the Due Process Clause of the 14th Amendment to the U.S. Constitution. This does not mean that the property cannot be taken away, but rather, that a municipality must use due process in taking away the property”.

Another consideration that should be acknowledged with this resolution would be how the standards would be set in relationship to a hearing and a determination by the board of justification for action. Too often, political posturing can occur in such hearings or the personal relationship of the employee to a board member(s) can come into play. Certainly the incident in November 2007 with Mr. Gilbert can serve as an example: the department head had ample documentation to warrant the termination, as well as the authority under the Municipal Code of Selmer, and yet this evidence was swept aside and the employee reinstated until a review by the City Attorney was complete. That review upheld not only the authority of the department head under the current Municipal Code to terminate employment, but also the documentation that lead to the termination.

Some statements of justification for passage were centered on city employees and their desire to have this avenue of appeal. I would simply offer that city employees are currently afforded a process in the Personnel Manual as adopted in August 2007 by a unanimous vote of the board. Those policies provide for disciplinary actions on a graduated basis, with a final appeal process with the department head and the Mayor. It should be noted that employees who are performing their duties have no problems with discipline and are protected in the process. Good employees are a valued asset to the Town of Selmer, and in today’s litigious society it would be incredulous for any department head to initiate a disciplinary action absent justification. In the event these policies are abused, then the department head should be reviewed for their actions.

As Mayor, I am charged with ensuring that the citizens of Selmer are protected from undue exposure and expenditure of funds. This resolution violates both those responsibilities. I am in agreement with the board that the Personnel Policies should be reviewed regularly to ensure compliance with state and federal laws, as well as affording the Town of Selmer, and her citizens, with as much protection from litigation as possible. I feel confident that most citizens would agree that it is important to ensure that the policies and procedures of the town are the most current and up to date, as it pertains to today’s environment. Certainly antiquated and out-of-date procedures have no place in the municipal codes of a town looking to the future.

Therefore, with an attitude of cooperation and the desire to pursue an open dialogue among city leadership examining the existing personnel policies, and with the goal of moving past this point of contention, I will ask representatives from both MTAS and TML to attend upcoming working sessions as expert and impartial advisors to explain all considerations involved with personnel issues of this nature and to assist the Town of Selmer in maintaining the most current policies available.

Respectfully,



David Robinson
Mayor, Town of Selmer

Dealing with Rumors

Dealing with Rumors

Like many small towns, rumors and allegations are often heard during election season, and they are spread and heard by many. One such misstatement concerns raising property taxes to pay for the pending lawsuits against the city. First, no such discussions have taken place among the Mayor and Board of Aldermen, nor could such a discussion take place until the outcome of these lawsuits are determined.

Such misrepresentations are intended to scare and intimidate the voting public. The facts are these: the Town of Selmer has cash reserves in excess of $1,000,000, and I can assure you that it is the intent of this board to maintain the existing property tax rate for as long as we can and continue to provide the current services to our citizens.

Additionally, we are working on different avenues to increase revenues without increasing property taxes, but it should be noted that the only revenues municipalities receive are through taxes, and like your households, expenses continue to go up year after year. However you should be proud of the fact that our property tax rate and utility rates are among the lowest in the state.

Another rumor floating around concerns the long term debt of the Town of Selmer. I can assure you that the Town of Selmer is in excellent financial condition. Debt is used to grow and expand services, provide updated equipment, add and replace aging infrastructure and provide additional services. Debt is used by both municipalities and businesses to grow. The only concern should be in servicing that debt, and I can assure you that the Town of Selmer is in excellent condition to service our debt. I invite all citizens to review our budgets and audits; they are a matter of public record.

Yet another rumor concerns the firing of eight police officers in the Selmer Police Department. The facts are that we have had vacancies in the police department due to resignations for personal reasons and one candidate that did not successfully complete the probationary period. Again our records are open to the public for inspection.

Once again I would encourage you to question such rumors and allegations when presented to you as to their legitimacy and basis in fact. If none can be presented, this should raise a red flag that perhaps a personal agenda is at work rather that the welfare of your city.

Challenge candidates to outline their goals and intentions in detail, not vague remarks such as “because I want to help Selmer”. How are they going to promote the growth and welfare of our citizens? What have they done to educate themselves regarding the business of the city?

Choose your representatives wisely. Remember, you will live with their decisions for the next four years.

David Robinson
Mayor, Town of Selmer

Open Letter to Selmer Voters

October 15, 2007


OPEN LETTER TO SELMER VOTERS

As election day draws near and early voting begins, I want to encourage all voters to take the time to learn the facts about the candidates running for the three open alderman seats and the
current opportunities Selmer residents can look forward to in our future.

With the new Toyota plant about to start production in nearby Tupelo, Mississippi, the potential for major economic growth for our town and our county has been literally handed to us and we need only to recognize the possibilities and reach out and embrace them.

Here are some facts to consider. Selmer and McNairy County can offer a number of benefits to the automotive and other business-to-business suppliers that are now seeking to locate near the Toyota plant.

Tennessee ranks 5th in the nation for automotive production. We are ideally positioned geographically. Suppliers located in McNairy County would easily be able to service the Toyota facility's time-sensitive JIT (Just-In-Time) operations since we are centrally located to 76% of all major US markets, only a hour away from the new Toyota site and within a day's drive to Toyota's Motor Manufacturing North American Headquarters.

We can also offer abundant land and industrial site options, low cost utilities, good access to highway, airport and rail systems, a large and well-educated production and management workforce, and tax incentives.

We do have a lot to offer; however, there are more facts to consider. Selmer and McNairy County are not the only local communities that can offer these benefits. We will have to compete with surrounding counties who also recognize the eminent potential for growth.

Community development will need to be a major consideration of our overall growth planning and management. Community development relates to the quality of life offered to the citizens: clean parks and recreational opportunities; fully staff, trained and equipped fire and police forces; clean, attractive and well-maintained streets and sidewalks; adequate utilities such as water, sewer, gas and electric; and an overall attitude of a flourishing community. These are all factors corporations take seriously into consideration when selecting a site.

These vital community services should be our priority. This is not a time to cut back or eliminate services. It is a time to plan, to prepare and develop them in anticipation of our local economy growing and flourishing!

I want Selmer to be able to seriously compete with surrounding counties to entice the major auto suppliers that will want to geographically locate close to the new Tupelo manufacturing plant. I want to aggressively market Selmer as a prime location to headquarter the additional business-to-business companies that are bound to follow with their own operations. I want to offer our existing industries, companies and retailers the opportunities for expansion that will naturally result from a growing population and economy. I want Selmer to be able to aggressively compete against other communities to attract the many suppliers.

If we don’t take the proactive steps to catch the attention of these corporations, we will not only lose opportunities that would stimulate Selmer's growth, we may actually force these industries and jobs to move on to other communities that can offer the amenities they require.

Preparing ourselves will not, however, be possible without some investment and joint efforts; we must be willing to take these steps with the faith that we are united in the goal of supporting our community. We must demonstrate we can be visionary, proactive and progressive. It will require the commitment and vision of leaders who are strong enough to set the course for growth, expansion, and progress while managing this growth in a fiscally responsible manner.

As election time draws near, I urge you to take the time to carefully consider each of the candidates. Evaluate their character, integrity and qualifications. Do they have the vision of what Selmer could and deserves to be or do they believe that Selmer should continue to do business as its been for decades?

Voting is a privilege that we often take for granted but that many in the world do not get to enjoy. Therefore, respect that privilege by finding out the facts of the issues and the candidates running for these positions. Voting in a local election is one of the most important decisions you can make. Local election results impact, for better or for worse, your daily personal way of life. Be part of the solution. Voting is the single best way to make things happen in your community

Remember that elections are not a popularity contest. I am learning the hard lesson that being a leader is not for the faint of heart! It's a very tough job. Some days friendships are tested and emotions are stirred. But through it all, it's also the most deeply rewarding job I've ever encountered. You deserve a board of aldermen that is unified in its efforts to take up the challenge, dedicated and committed to Selmer, its citizens and its future. Vote for the candidates who want to make a positive difference it our community.

David Robinson, Mayor
Town of Selmer

'Tis the Season – to Elect!

OPEN LETTER TO SELMER VOTERS FROM THE MAYOR

'Tis the Season – to Elect!
Although temperatures outside still seem unbearably hot, the unmistakable signs that the season is about to change are evident … kids are back in school, Friday night football games, leaves just beginning to turn colors, and election campaigns are gearing up. That's right. It's also now Election Season.

But this is not just any ol' election.
This year in Selmer voters will have the opportunity to elect and/or re-elect three seats on the Board of Aldermen. But this election year should be considered critical to the future and prosperity of our community. With the new Toyota plant now under construction in Tupelo MS, a major window of opportunity is before us. Selmer and McNairy County are ideally positioned geographically as potential sites for the hundreds of suppliers Toyota will partner with for their JIT (just in time) manufacturing operations.

It is not a matter of if, but when.
Companies and industries jockeying to supply the Toyota plant have already begun making inquiries about what Selmer and McNairy County can offer them in the way of available land and buildings with existing utilities, close proximity to major highways, adequate workforce availability, and other city services.

I want Selmer to be able to seriously compete with surrounding counties to entice major auto parts suppliers to locate their distribution centers and cross dock operations here. I want to aggressively market Selmer as a prime location to headquarter the additional business-to-business companies that are bound to follow with their own operations. I want to offer our existing industries, companies and retailers the opportunities for expansion that will naturally result from a growing population and economy. I want all that for Selmer and much more. But we need to start planning and preparing now. Right now!

Since we can't achieve this by simply wishing or hoping, it is clear we will need to have the following in place:

• the restructured Economic & Community Development and Chamber of Commerce function well staffed, sufficiently funded and fully engaged;
• adequate infrastructure (water, gas, electric and sewer) in place to accommodate new industrial sites and population growth;
• the McNairy County Commission informed, involved and poised for growth;
• the Mayors and Boards of Aldermen in Selmer, Adamsville and other county communities in place, working cooperatively as individual units, and with each other with the mind-set to embrace change and to combine talents and resources to meet these goals.

This is a critical juncture in Selmer's history. If we don’t take the necessary steps to attract these corporations, we will not only lose opportunities that will stimulate Selmer's growth, we may actually force these industries and jobs to move on to other communities that can offer the amenities they require. Preparing ourselves will not, however, be possible without cost and joint efforts; we must be willing to take these steps with the faith that we are capable of meeting new challenges. We must demonstrate we can be visionary, proactive and progressive. I feel confident our citizens want our community to be visionary, progressive and poised for growth.

What should citizens do to get Selmer prepared?
First and foremost, exercise your right to vote. Voting in a local election is one of the most important decisions you can make. Local election results impact, for better or for worse, your personal, daily way of life. Be part of the solution. Voting is the single best way to make things happen.

Often small town administrations get bogged down in good ol' boy politics, backroom deals, self-serving agendas, voting for someone simply because a friend or neighbor is related to them, attend the same organizations or work at the same plant, or because personal favors are expected, promised or owed. It involves a whole lot more than petty grievances over potholes, ditches, fixing speeding tickets and trumped up gripes over audits and budgets. These tactics are purposefully calculated to create chaos, confusion and sour feelings while diverting energy and attention away from important local issues. And they won't get us to where we need to be – ready for future growth.

Unfortunately, the Selmer Board of Aldermen is currently a split board – split into two factions, that prevent it from working as a cohesive unit. When a board is not working together focusing on common goals, progress is obstructed. A community focused only on its own internal bickering will not be perceived by prospective industries as one prepared and committed to meeting their business needs and will be quickly passed over. It is time for us to look forward, not back. The past offers only history; but the future offers opportunity.

Get to know your candidates, well.
Carefully review the candidates' community involvement, their voting and attendance records at public meetings. Find out what issues they consider important for Selmer. Talk to them when they come around to meet you – don't settle for just a handshake and a business card. What are their views on Selmer's potential for growth? How open are they to new ideas or are they still quoting policies used during the 70s, 80s or 90s as relevant today? Do they have the vision to see where Selmer needs to change and the fortitude to make the hard choices to take us there. What plans do they have personally to help Selmer prosper? After they "talk the campaign talk, will they be able to "walk the walk" following the election? Government officials should be chosen based on their character, honesty and integrity, their abilities to make things happen, their commitment to their town and their oath of office. Don't let small minds rule small town government. They should possess the strength to stand up for what they believe is best for the whole community.

I truly believe our future could not be any brighter; and I couldn't be any more optimistic. However, it is completely dependent on the attitudes of our citizens to embrace progress. A healthy community will naturally grow and expand; a weak one will stagnate or simply fade away. Societies throughout history, great and small, that couldn't or wouldn’t adapt to the changing trends, did not survive. Selmer would be no exception.


Politicians vs. Elected Officials
As we head into this election season, take the time to get informed of issues and the candidates running for the three alderman seats this term. The aldermen are the elected officials that set the course for the town. They are the ones who will ultimately determine the direction Selmer will take. We stand on the threshold of one of the greatest opportunities in the history of Selmer to provide growth and job opportunities for our citizens. When you vote, make sure the candidate has their eye focused on the future, with the best interests of everyone in mind.

Dave Robinson, Mayor
Town of Selmer

# # #

Dial 211 to give or get help

Dial 211 to give or get help (reprinted from the JacksonSun)

By ASHLEY ANTHONY
aanthony@jacksonsun.com

Any emergency may seem like a reason to call 911, but depending on the problem, this number may not yield the fastest results.

In an effort to help relieve 911 operators of calls that should be going to area relief agencies, the United Way of West Tennessee on Monday officially launched a 211 call system that will cover all 10 counties served by United Way.

The 211 hotline offers contact information on a multitude of services that include rent assistance, food banks, affordable housing, health resources, child care, after-school programs, elderly care, financial literacy and job training programs, according to United Way's Web site.

Residents of Madison, Carroll, Crockett, Dyer, Gibson, Haywood, Henderson, Hardeman, McNairy and Weakley counties can take advantage of this service. They can call toll free from any landline phone between 8 a.m. and 4:30 p.m. Monday through Friday.

"As we evaluate where we are in call volume and the needs of the community, we may look into it as a service that can be extended to the weekend hours," said Barry Matthews, president of United Way of West Tennessee.

"If a family didn't know Red Cross could help with a house fire, they could call 211, and we could give them that information," Matthews said Monday in citing an example of how 211 can assist those in need.

The local United Way already receives about 1,000 calls a year. Matthews expects that number to rise dramatically with the new 211 service.

"That was just people calling because we're United Way," Matthews said. "With a 211 system in place, we anticipate that number to increase by five times."

Matthews said people also can use the 211 hotline to find out where to volunteer or offer other help in their community.

Donna Vickers, the executive director of the Regional Inter-Faith Association, thinks that will be very beneficial.

"We use volunteers 365 days a year, so that's great," she said.
Area Relief Ministries Executive Director Lisa Peoples said this hotline also will help spread the word about the assistance her organization provides with prescription medications.

"It's people that are just going without medicine," she said. "We have the funds, and we want to use them."

United Way first began receiving calls on its 211 line about three weeks ago.
So far, those calls have included questions from residents about how to receive assistance with utilities and rent, and about the earned income tax credit, United Way spokeswoman Hope Cooper said.

"We've worked with the IRS to make sure people that may be eligible for earned income tax credit will have free tax preparation if they earn about $39,000 or less a year," she said.
United Way of West Tennessee has prepared a database to meet the needs of these calls. It contains contact information for hundreds of nonprofit organizations, support groups and government associations, Matthews said.

"It will have many different resources we'll have access to throughout West Tennessee," he said.
Reporter Ned Hunter contributed to this story.
Visit jacksonsun.com to share your thoughts.
- Ashley Anthony, 425-9763