1) PLEDGE OF ALLEGIANCE ROLL CALL 24, , 2010 C O N S E N T A G E N D A

Transcription

1 BOARD OF COUNTY COMMISSIONERS SHELBY COUNTY, TENNESSEE AGENDA MONDAY, AUGUST 23, 2010 Commissioner Joyce Avery, Chairman Commissioner James Harvey Commissioner Sidney Chism, Chairman Pro Tempore Commissioner Deidre Malone Commissioner Henri E. Brooks Commissioner Edith Ann Moore Commissioner Wyatt Bunker Commissioner Steve Mulroy Commissioner Mike Carpenter Commissioner John Pellicciotti Commissioner George Flinn Commissioner Mike Ritz Commissioner J.W. Gibson II 8/20/2010 2:57 PM 1:30 PM COMMISSION CONVENES CALL TO ORDER Chairman Joyce Avery OPENING OF THE COMMISSION Deputy Sheriff INVOCATION Dr. Thomas Pickering Cordova Presbyterian Church (District 1) PLEDGE OF ALLEGIANCE ROLL CALL Approval of Minutes of Previous Session June 24, 2010 (Joint City Council-County Commission) August 9, 2010 C O N S E N T A G E N D A Resolutions of Memorial, Sympathy and Commendation 1. Resolution honoring Commissioner John Pellicciotti for distinguished service to citizens of Shelby County, Tennessee 2. Resolution honoring Commissioner Edith Ann Moore for distinguished service to citizens of Shelby County, Tennessee

2 3. Resolution honoring Commissioner Deidre Malone for distinguished service to citizens of Shelby County, Tennessee 4. Resolution honoring Commissioner James Wesley J.W. Gibson II for distinguished service to citizens of Shelby County, Tennessee 5. Resolution honoring Commissioner George S. Flinn, Jr. for distinguished service to citizens of Shelby County, Tennessee 6. Resolution honoring Chairman Joyce Avery for distinguished service to citizens of Shelby County, Tennessee Remarks by Chairman Avery 7. Resolution honoring Mrs. Alma H. Law as the first female member of the Shelby County Quarterly Court. Cosponsored by Commissioners Deidre Malone and Steve Mulroy. 8. Resolutions honoring Mr. J.V. Weatherington, Mr. R.E. Linkous and Mr. Charles Dennis for contributions to the Associated Builders and Contractors and the commercial construction industry. Sponsored by Commissioner Mike Carpenter. 9. Resolution acknowledging August 9, 2010 as Mrs. Mary Toy Day in Shelby County, Tennessee. Sponsored by Commissioner Edith Ann Moore. Ordinances Zoning and Subdivisions Reports and/or Resolutions for Standing Committees Vice-Chairman, Budget and Finance Committee 10. Resolution approving an amendment to extend the terms and conditions to June 31, 2013 for the HP Nonstop Software Support Agreement with Hewlett-Packard (HP) in the amount of $125, for FY and this item requires expenditure of Operations and Maintenance Budget Funds, Account Sponsored by Commissioner J.W. Gibson, II. (AMENDED IN COMMITTEE AUGUST 18, 2010) Vice-Chairman, Budget and Finance Committee 11. Resolution to amend Resolution No. 15 adopted June 7, 2010, that amended Resolution No. 12 adopted January 26, 2009, that amended the hiring freeze resolution No. 40 adopted June 2, 2008 to require Hiring Freeze Committee approval to fill temporary positions. Sponsored by Commissioner J.W. Gibson, II. (AMENDED IN COMMITTEE AUGUST 18, 2010) Vice-Chairman, Budget and Finance Committee 12. Resolution to amend Resolution #5 Adopted June 7, 2010 to approve expenditure of funds to American Paper and Twine & Housekeepers Supply for disposable paper and plastics in the amount of $572, for the various departments of Shelby County Government to include options to renew. This item requires expenditure of county general funds totaling $572, Sponsored by Commissioner J W Gibson. Vice-Chairman, Budget and Finance Committee 13. Resolution to receive and file the Trustee's Annual Financial Report for the year ended June 30, 2010 in accordance with T.C.A. Section Sponsored by Commissioner J.W. Gibson II.

3 Vice-Chairman, Budget and Finance Committee 14. Resolution to receive and file the Trustee's Annual Report of Delinquent and Insolvent Taxpayers in accordance with T.C.A. Section and to authorize credit be given to the Trustee. Sponsored by Commissioner J.W. Gibson, II. Chairman, Public Works Committee 15. Resolution approving the parking agreement in the amount not to exceed one hundred eighty eight thousand two hundred sixty eight ($188,268.00) dollars with Premier System Parking, Inc., in order to provide parking spaces in the parking garage located at 245 Washington, Memphis, Tennessee for Shelby County employees working at the Criminal Justice Center and other Shelby County Government buildings downtown; and this item requires expenditure of County funds in the amount of $188, from the FY Budget, Line Item , Outside Contracts. Sponsored by Commissioner Mike Carpenter. (ADD-ON IN COMMITTEE AUGUST 18, 2010) Vice-Chairman, Law Enforcement Committee 16. Resolution amending the FY2011 Operating Budget for the Office of the District Attorney General for the FY07 Project Safe Neighborhood Program in the amount of $4, funded by the Department of Justice by transferring funds from operations and maintenance to personnel costs and revising budget categories and appropriating said funds. This item requires no additional expenditure of Federal grant funds. Sponsored by Commissioner Sidney Chism. (AMENDED IN COMMITTEE AUGUST 18, 2010) Vice-Chairman, Law Enforcement Committee 17. A resolution amending the FY2011 Operating Budget in the amount of $2, for the Office of the District Attorney General for the unexpended grant funds authorized for FY2010 from the FY2008 Byrne Justice Assistance Grant in the amount of $10, This item requires expenditure of Federal Grant Funds in the amount of $2, Sponsored by Commissioner Sidney Chism. Vice-Chairman, Law Enforcement Committee 18. Resolution amending the FY Operating Budget of the Juvenile Court of Memphis and Shelby County to carry forward additional remaining Justice Assistance Grant Funds in the amount of $8, for the purchase of detention center supplies and to appropriate said funds. This item requires expenditure of Federal Grant Funds in the amount of $8, Sponsored by Commissioner Sidney Chism. Vice-Chairman, Law Enforcement Committee 19. Resolution amending the FY Operating Budget of the Juvenile Court of Memphis and Shelby County to carry forward additional remaining Justice Assistance Grant Funds in the amount of $5, for the provision of computer software enhancements and to appropriate said funds. This item requires expenditure of Federal Grant Funds in the amount of $5, Sponsored by Commissioner Sidney Chism. Chairman, Economic Development Committee 20. A resolution approving an agreement in the amount of $175,000 by and between Memphis and Shelby County Government and the Memphis Regional Chamber of Commerce for the purpose of facilitating economic development in Memphis and Shelby County. This item requires the expenditure of Economic Development Grant Funds in the amount of $175,000. Sponsored by Commissioner Deidre Malone.

4 Chairman, Community Services Committee 21. Resolution approving the sixth addendum to a lease agreement between L & P Building Owner, LLC and Delta Commission on Aging D/B/A Aging Commission of the Mid-South to provide office space on the 10th and 9th floors at 2670 Union Avenue Extended, Memphis Tennessee from July 1, 2010 June 30, 2011 and which requires expenditure of State Grant Funds in the amount of $83,500 and Federal Grant Funds in the amount of $102,000. Sponsored by Commissioner Edith Ann Moore. Chairman, Community Services Committee 22. Resolution approving a contract in the amount of $109,163 with Metropolitan Inter-Faith Association for the provision of ombudsman services for residents of long-term facilities, including complaint resolution. This item requires expenditure of Federal Grant Funds in the total amount of $109, Sponsored by Commissioner Edith Ann Moore. Chairman, Community Services Committee 23. Resolution approving a contract in the amount of $250, with Arcadia Health Services, Inc. D/B/A Arcadia Health Care to provide homemaker, personal care and adult care respite services as authorized to eligible consumers in Shelby County. This item requires expenditure of State Grant Funds in the amount of $175,000 and Federal Grant Funds in the amount of $75,000. Sponsored by Commissioner Edith Ann Moore. Chairman, Community Services Committee 24. Resolution approving a contract in the amount of $520, with Meritan, Inc. to provide homemaker, personal care and adult care respite services as authorized to eligible consumers in Shelby County. This item requires expenditure of State Grant Funds in the amount of $351,000 and Federal Grant Funds in the amount of $169,000. Sponsored by Commissioner Edith Ann Moore. Chairman, Community Services Committee 25. Resolution approving a contract in the amount of $460, with HCS Investors, LLC D/B/A Home Care Solutions to provide homemaker, personal care and adult care respite services as authorized to eligible consumers in Fayette, Lauderdale, Tipton and Shelby Counties. This item requires expenditure of State Grant Funds in the amount of $310,000 and Federal Grant Funds in the amount of $150,000. Sponsored by Commissioner Edith Ann Moore. Chairman, Community Services Committee 26. Resolution approving a contract in the amount of $2,564,239 with Metropolitan Inter-Faith Association for the provision of services for transportation, congregate meals, home-delivered meals, nutrition education and counseling and home modifications to eligible consumers in Shelby, Lauderdale, Fayette, and Tipton Counties. This item requires expenditure of State Grant Funds in the amount of $301,410 and Federal Grant Funds in the amount of $2,262,829. Sponsored by Commissioner Edith Ann Moore. Chairman, Community Services Committee 27. Resolution approving a contract in the amount of $166, with Lauderdale County Commission on Aging to provide homemaker services as authorized and transportation services to eligible consumers in Lauderdale County. This item requires expenditure of State Grant Funds in the amount of $125,000 and Federal Grant Funds in the amount of $41,000. Sponsored by Commissioner Edith Ann Moore.

5 Chairman, Community Services Committee 28. Resolution approving amendments to service provider contracts for the purpose of administering services to people living with HIV and AIDS under the Ryan White HIV Emergency Relief Project Grant for the period of March 1, 2010 to February 28, This item requires expenditure of Federal Grant Funds in the amount of $474,807. Sponsored by Commissioner Edith Ann Moore. Chairman, Community Services Committee 29. Resolution approving a contract with the City of Memphis Division of Police Services for the purpose of administering services under the grant to enforce arrest policies & enforcement of protection orders program for the period of July 1, 2010 to June 30, This item requires expenditure of Federal Grant Funds in the amount of $274,080. Sponsored by Commissioner Edith Ann Moore. Chairman, General Government Committee 30. Resolution approving the election of notaries public for appointment and/or reappointment for Shelby County, Tennessee. Sponsored by Commissioner George Flinn. Chairman, General Government Committee 31. Resolution requesting the Shelby County Assessor and the County Administration to provide annual reports of assessment changes, certified tax rates, property tax appeal allowances approved by the local Board of Equalization, and reports made to, or from the state Board of Equalization. Sponsored by Commissioner Mike Ritz. (AMENDED IN COMMITTEE AUGUST 18, 2010) BROOKS Chairman, Delinquent Tax Property Committee 32. Resolution approving the sale of nine (9) County owned delinquent tax parcels, acquired from Shelby County Trustee Tax Sale Nos. 0005, 41, 89.5, 0106, 0201, 0404, 0405, 0502, and 0503, to identified purchasers at various prices collectively totaling $104,400.00, pursuant to the sale provisions of T.C.A and authorizing the Shelby County Mayor to execute quit claim deeds. Sponsored by Commissioner Henri Brooks. R E G U L A R A G E N D A Elections, Appointments, and Confirmations Chairman, General Government Committee 33. Resolution approving the County Mayor's nomination of Vicky Lyon, Steve Mulroy, Paul Shaffer, Ralph L. Gusmus, Stephanie Alexander and Pat McGhee for appointment to the Shelby County Prevailing Wage Commission. Sponsored by Commissioner George Flinn. (FAILED IN COMMITTEE AUGUST 18, 2010) Ordinances Zoning and Subdivisions Chairman, Land Use Committee 34. Resolution to accept the public improvements and to release the bond that secured the improvements to Gardens of Gray's Creek PD, Phase 1 (P.D CC). Sponsored by Commissioner Mike Ritz. (WITHDRAWN IN COMMITTEE AUGUST 18, 2010) Reports and/or Resolutions for Standing Committees

6 Vice-Chairman, Budget and Finance Committee 35. Resolution authorizing the Sheriff s Office to have eight credit cards and the Commission Office to have one credit card for specific identified purposes. Sponsored by Commissioner Gibson. Vice-Chairman, Budget and Finance Committee 36. A resolution authorizing a loan under a loan agreement between Shelby County, Tennessee, and the Tennessee State School Bond Authority regarding qualified school construction bonds in an aggregate principal amount of not to exceed sixty-seven million six hundred eleven thousand dollars ($67,611,000), of which forty nine million seven hundred ten dollars ($49,710,000) shall be allocated to the Memphis City Schools and seventeen million nine hundred one thousand ($17,901,000) to the Shelby County Schools and the execution and delivery of the loan agreement and other documents relating to said borrowing; providing for the application of the proceeds of said borrowing and the payment of the County s obligations under the loan agreement; and amending the Capital Improvement Program budget and Debt Service Fund budget and appropriating the amended balances. Sponsored by Commissioner J. W. Gibson. (AMENDED IN COMMITTEE AUGUST 18, 2010) Vice-Chairman, Budget and Finance Committee 37. Resolution approving an amendment to the FY 2011/2012 Operating Budget transferring the Mid-South Area Sexual Assault Resource Center (MSARC) from the Division of Health Services to the Division of Community Services and transferring the MSARC FY 2011/2012 Budget to the Division of Community Services. This item does not require expenditure of funds. Sponsored by Commissioner Mike Carpenter. (WITHDRAWN IN COMMITTEE AUGUST 18, 2010) Chairman, Budget and Finance Committee 38. Resolution amending the FY 2011 Operating Budget and appropriating $15, to assist Memphis Area Legal Services, Inc. in completing a legal needs assessment study. This resolution is an expenditure of the General Fund. Sponsored by Commissioner Steve Mulroy. (ADD-ON IN COMMITTEE AUGUST 18, 2010 AND SENT WITHOUT RECOMMENDATION) Chairman, Public Works Committee 39. Resolution approving an intergovernmental agreement between the Town of Collierville and Shelby County granting county consent for the Town of Collierville to use the governmental powers of eminent domain to acquire land and/or land rights, at its own expense, within unincorporated Shelby County for proposed roadway improvements on its East Shelby Drive and South Byhalia Road project. Sponsored by Commissioner Mike Carpenter. (WITHDRAWN IN COMMITTEE AUGUST 18, 2010) Chairman, Public Works Committee 40. A resolution approving a contract with Lehman Roberts Company in the amount of $2,116, for asphalt paving/resurfacing of roadway segments in Shelby County under the American Recovery and Reinvestment Act of 2009 (ARRA); and appropriating said funds; and this item requires expenditures of FY 2011 federal through state grant funds in the amount of $2,116, for said project. Sponsored by Commissioner Mike Carpenter. (WITHDRAWN IN COMMITTEE AUGUST 9, 2010) Vice-Chairman, Law Enforcement Committee 41. Resolution to amend the FY Operating Budget of the Juvenile Court of Memphis and Shelby County to accept and expend private donations in the amount $5, from Victorian Village Inc. for the purpose of using

7 donation as matching funds for a JABG-funded project and to appropriate said funds. This item requires expenditure of said funds in the amount of $5, Sponsored by Commissioner Sidney Chism. Chairman, Economic Development Committee 42. Resolution to grant the County Mayor authority to enter into memorandums of understanding with municipal industrial development boards in Shelby County in order to facilitate the waiving of County Taxes. Sponsored by Chairman Joyce Avery. (WITHDRAWN IN COMMITTEE AUGUST 18, 2010) Chairman, Economic Development Committee 43. Resolution for the creation of an economic development plan for small businesses. Sponsored by Commissioner John Pellicciotti. (WITHDRAWN IN COMMITTEE AUGUST 18, 2010) Chairman, Economic Development Committee 44. Resolution promoting development where existing facilities are in place. Sponsored by Commissioner John Pellicciotti. (WITHDRAWN IN COMMITTEE AUGUST 18, 2010) Chairman, Economic Development Committee 45. Resolution authorizing the Center City Revenue Finance Corporation to use $2,000,000 from its PILOT Extension Fund as a loan to the Downtown Parking Authority. Sponsored by Commissioner James Harvey. (ADD-ON IN COMMITTEE AUGUST 18, 2010) Chairman, General Government Committee 46. Resolution amending the Shelby County Board of Commissioners' Permanent Rules of Order. Sponsored by Commissioner Mike Ritz. (AMENDED IN COMMITTEE AUGUST 18, 2010) Chairman, General Government Committee 47. Resolution urging the Shelby County Democratic and Republican Parties to discontinue partisan primaries for county offices beginning in the 2012 election cycle. Sponsored by Commissioner John Pellicciotti. (SENT FROM COMMITTEE WITHOUT RECOMMENDATION) Chairman, General Government Committee 48. Resolution overriding the County Mayor s veto of Item No. 25, adopted by the Board of Commissioners on August 9, 2010, entitled Resolution approving and adopting amendments to Shelby County Government s Personnel Management System, Volume II to change annual, sick, bonus and bereavement leave policies, thereby amending Resolution No. 25 adopted on November 20, 2000; Resolution No. 22 adopted on January 7, 2002; Resolution No. 54 adopted on February 22, 1993; and Resolution No. 28 adopted on January 26, Sponsored by Commissioner Mike Carpenter. (SENT FROM COMMITTEE WITHOUT RECOMMENDATION) Announcements/Statements Adjournment 49. Adjournment Sine Die