Tennessee Laws passed in 2008 affecting cities

MTAS, “Public Acts” (passed in 2008), August 19, 2008

This is always a valuable seminar as an MTAS representative reviews important actions by the Tennessee Legislature.

-Competitive Cable and Video Services Act: This is the new cable franchise bill, which ATT spent $38 million dollars trying to get passed. (It did pass after some major changes).

Major items to watch include:

1. Comcast (any cable supplier) can “op in” and go with the state franchise.

2. Tennessee Regulatory Commission oversees the act.

3. Franchise fee is 5%

4. 10 year franchise, transferable.

5. Can audit once per year for pas three years.

6. ATT has to provide equal PEG channels equal to that supplied by local cable provider.

OPEN RECORDS ACT

Major changes this year:

-Must set up security procedures for laptops. (MTAS is working on a policy)

-Personal info such as home telephone #, personal cell phone, residential address is confidential

-Action required within seven days after a request:

-Provide the information, deny it or provide timetable when it can be provided.

-WebSite: Has forms, use these forms!

www.comptroller.state.tn.us/openrecords/index.htm. (or google open records and comptroller and Tennessee.)

Can require a copy of drivers license.

Office of Open Records Counsel (OURC)

-Can get advisory opinion

-Offer mediation of disputes

-Will develop fee schedule

CERTIFIED MUNICIPAL FINANCE OFFICER

-Comply by 2012

-MTAS will do training

PLANNING STATUTE CHANGES

-Public Chapter 1150

-General (Comprehensive Plan) must be approved by elected body, not just Planning Commission.

(This is a change in current law, although Lakeland currently follows this procedure)

-General (Comprehensive Plan) can be amended by Governing Body-Planning Commission has 61 days to act

DESIGN REVIEW COMMISSION

A Statute was passed that authorizes cities to establish a Design Review Commission. Lakeland already has a Design Review Commission.

The major concern with this is that the state law differs from the City of Lakeland Ordinance. I am checking on whether the Lakeland Ordinance must comply with the new State Law.

Major differences are that decisions by the DRC may be appealed to the Planning Commission (rather than the Board of Commissioners as provided by the Lakeland Ordinance) and the Mayor must appoint the members (rather than the BOC).

I am currently checking to see if this new law requires the Lakeland Ordinance be amended.

A list of laws affecting municipal government was also distributed.

Memphis Regional Chamber and using Technology

Memphis Regional Chamber, “Leveraging Your Business with Technology”, Tuesday, August 5, 2008

This was an interesting session on the use of new web “social networking sites” and how they could be used for business. Sites mentioned included:

-Facebook.com

-Linked-In.com (professional networking site)

-Twitter.com (variety of purposes. The City of Lakeland uses it to send short reminders on meetings etc.)

-flickr.com: photo/video sharing site.

-Youtube.com: Video sharing. The City uses this to post notices etc.

-Freindfeed.com

-ning.com: Allows “group –specific” social networks (such as the workplace etc.)

A list of other sites with a brief explanation was handed out.

The speakers presented a variety of creative ways these sites can be utilized. Generally oriented toward business but I did get ideas on how to proceed. Right now, I am concentrating on youtube.com, and twitter.com as ways of communicating with Lakeland residents, especially Lakeland residents who may not normally use traditional communication.

A book Groundswell: Winning in a World Transformed by Social Technologies by Charlene Li and Josh Bernof was recommended reading.

Local sources were presenters “Lunaweb.com” (educational on newworking sites), and EcoMemphis.com.