BOARD OF COUNTY COMMISSIONERS SHELBY COUNTY, TENNESSEE AGENDA Monday, August 09, 2010 Commissioner Joyce Avery, Chairman Commissioner Sidney Chism, Chairman Pro Tempore Commissioner Henri E. Brooks Commissioner Wyatt Bunker Commissioner Mike Carpenter Commissioner George Flinn Commissioner J.W. Gibson II Commissioner James Harvey Commissioner Deidre Malone Commissioner Edith Ann Moore Commissioner Steve Mulroy Commissioner John Pellicciotti Commissioner Mike Ritz 8/6/2010 5:06 PM 1:30 PM COMMISSION CONVENES CALL TO ORDER Chairman Joyce Avery OPENING OF THE COMMISSION Deputy Sheriff INVOCATION Reverend Joe N. Wiley New Shelby Missionary Baptist Church (District 4) PLEDGE OF ALLEGIANCE ROLL CALL Approval of Minutes of Previous Session June 21, 2010 July 12, 2010 July 26, 2010
C O N S E N T A G E N D A Resolutions of Memorial, Sympathy and Commendation Ordinances Zoning and Subdivisions Reports and/or Resolutions for Standing s GIBSON Chairman, Budget and Finance MALONE and Health 1. Resolution to approve an amendment to the contract between University of Memphis and Shelby County Government for consulting services related to assessing information technology expenditures and to appropriate funds from the FY 2010-2011 operations and maintenance budget in the amount of $216,000. This item requires expenditure of county general funds in the amount of $216,000. Sponsored by Commissioner J.W. Gibson. (AMENDED IN COMMITTEE AUGUST 4, 2010) 2. A resolution approving an amendment to a contract between Shelby County Government and Thompson and Berry Public Relations Company of Tennessee to increase the contract by $54,631.00, from the initial amount of $90,000.00 for the provision of marketing and research critical to reaching attainment status of the Ozone standard, and to appropriate said funds. This item requires the expenditure of Federal through State grant funds in an amount not to exceed $54,631.00. Resolution sponsored by Commissioner Deidre Malone.
MALONE and Health MALONE and Health MOORE Chairman, Community Services MOORE Chairman, Community Services 3. A resolution to approve an amendment to the FY 2010-2011 operating budget in the amount of $136,861.00 for the provision of the Victim of Crime Act grant program, an amendment to the FY2010-2011 Position Control Budget, and the appropriation of said funds. This item requires the expenditure of State grant funds in the amount of $136,861.00. Resolution sponsored by Commissioner Deidre Malone. 4. A resolution to approve an amendment to the FY 2010-2011 operating budget in the amount of $8,599.00 for the provision of the Fetal Infant Mortality Review Project grant program, an amendment to the FY2010-2011 Position Control Budget, and the appropriation of said funds. This item requires the expenditure of State grant funds in the amount of $8,599.00. Resolution sponsored by Commissioner Deidre Malone. 5. Resolution amending the FY 2011 operating budget for the Tennessee Commission on Children and Youth grant in the amount of $199,785.00 for the Juvenile Accountability Block Grant for the term October 1, 2009 to September 30, 2010. This item requires expenditure of grant funds in the amount of $129,945.00 for the period of July 1, 2010 - September 30, 2010, and appropriation of said funds. Sponsored by Commissioner Edith Moore. 6. A resolution amending the FY11 budget in the amount of $698,055.00 to allow maximum expenditure of grant funds from the 2009 Edward Byrne Memorial Justice Assistance Grant and the state of Tennessee Fast track Infrastructure Grant, previously approved by the Shelby County Board of Commissioners. This item requires expenditure of federal grant funds in the amount of $98,055.00 and state grant funds in the amount of $600,000.00. Sponsored by Commissioner Edith Ann Moore.
PELLICCIOTTI Chairman, Conservation Property Property Property 7. Resolution Authorizing Shelby County Division Of Public Works To Apply For A Local Parks And Recreation Fund (LPRF) Grant For Funds To Enhance The Woodland Discovery Playground Parking Lot Located In Shelby Farms Park. This Resolution Requires The Expenditure Of No General Funds. Sponsored By Commissioner John Pellicciotti. 8. Resolution approving the election of Notaries Public for appointment and/or reappointment for Shelby County, Tennessee. Sponsored by Commissioner George Flinn. 9. Resolution approving the sale of eleven (11) county owned delinquent tax parcels, acquired from Shelby County Trustee tax sale Nos. 0005, 95.2, 0201, 0205, 0206, 0306, 0403, 0405, and 0406, to identified purchasers at various prices collectively totaling $36,400.00, pursuant to the sale provisions of T.C.A. 67-5-2507 and authorizing the Shelby County Mayor to execute quit claim deeds. Sponsored by Commissioner Henri Brooks. 10. Resolution approving the sale of fourteen (14) county owned delinquent tax parcels, acquired from Shelby County Trustee tax sale Nos. 0005, 96.1, 0103, 0205, 0304, 0305, 0404, 0406, 0502, and 0504, to identified purchasers at various prices collectively totaling $40,750.00, pursuant to the sale provisions of T.C.A. 67-5-2507 and authorizing the Shelby County Mayor to execute quit claim deeds. Sponsored by Commissioner Henri Brooks. 11. Resolution approving the sale of eleven (11) county owned delinquent tax parcels, acquired from Shelby County Trustee tax sale Nos. 0002, 83.1, 0201, 0303, 0304, 0404, 0502, 0503, and 0504, to identified purchasers at various prices collectively totaling $19,500.00, pursuant to the sale provisions of T.C.A. 67-5-2507 and authorizing the Shelby County Mayor to execute quit claim deeds. Sponsored by Commissioner Henri Brooks.
Property Property 12. A resolution approving the conveyance of one (1) improved parcel of county owned delinquent tax property to Frayser Community Development Corporation, a Tennessee not-for-profit corporation, for nominal consideration; and to authorize the mayor to execute a quit claim deed conveying said parcel to Frayser Community Development Corporation, a Tennessee not-forprofit corporation, for its community development purposes. Sponsored by Commissioner Henri Brooks. 13. A resolution approving the conveyance of one (1) unimproved parcel of county owned delinquent tax property to Habitat for Humanity of Greater Memphis, a Tennessee not-for-profit corporation, for nominal consideration; and to authorize the mayor to execute a quit claim deed conveying said parcel to Habitat for Humanity of Greater Memphis, a Tennessee not-for-profit corporation, for its use in developing low income single family housing that will be owner occupied. Sponsored by Commissioner Henri Brooks. R E G U L A R A G E N D A Elections, Appointments, and Confirmations Ordinances
Chairman, Land Use 14. ORDINANCE - THIRD READING - A joint ordinance repealing the Memphis and Shelby County Zoning Regulations adopted by the Shelby County Board of Commissioners on October 6, 1981 and by the Memphis City Council on October 7, 1981, being Joint Ordinance and Resolution No. 3064, as amended; repealing the Memphis and Shelby County Subdivision Regulations adopted by the Shelby County Board of Commissioners and the Memphis City Council on December 19, 1983, being Joint Ordinance and Resolution No. 3352, as amended; and adopting the Memphis and Shelby County Unified Development Code to establish joint zoning and subdivision regulations, to provide for a board of adjustment and a land use control board, and to provide for the enforcement and penalties for violation of the regulations. Sponsored by Commissioner Mike Ritz. Zoning and Subdivisions Chairman, Land Use Chairman, Land Use 15. 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. 03-351 CC). Sponsored by Commissioner Mike Ritz. (DEFERRED TO AUGUST 23, 2010) 16. CASE NO. P.D. 10-308 CC APPLICANT: Mid-South Christian College LOCATION: South side of E. Shelby Drive +/-482 feet east of Wemberley Drive REQUEST: Planned development to allow a seminary, including offices, chapel, library, classrooms, student center and dormitories. RECOMMENDATIONS: Memphis and Shelby County Office of Planning and Development: APPROVAL WITH CONDITIONS Memphis and Shelby County Land Use Control Board: APPROVAL WITH CONDITIONS (Notice of public hearing published in the Daily News on Friday, July 30, 2010.) Reports and/or Resolutions for Standing s
CARPENTER Chairman, Public Works CARPENTER Chairman, Public Works MALONE and Health MALONE and Health 17. 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. (DEFERRED TO AUGUST 23, 2010) 18. A resolution approving a contract with Lehman Roberts Company in the amount of $2,116,178.43 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 $2,116,178.43 for said project. Sponsored by Commissioner Mike Carpenter. (DEFERRED TO AUGUST 23, 2010) 19. Resolution amending the FY 2011 operating budget to transfer $10,000,000 of funding for the Regional Medical Center in order to provide a mechanism to use these funds through an intergovernmental transfer to access federal matching funds. Sponsored by Chairman Joyce Avery 20. A resolution to approve an amendment to the FY 2010-2011 operating budget in the amount of $500,000.00 for the provision of a transfer of funds received by the Memphis and Shelby County Health Department Pollution Control Section from Cargill Inc. to Shelby County Schools, pursuant to Justice Department, EPA consent decree modification case # 05-2037, for the implementation of a school bus fleet diesel retrofit project at Shelby County Schools, and the appropriation of said funds. This item requires the expenditure of Air Pollution Fines and Penalties Special Revenue funds in the amount of $500,000.00. Resolution sponsored by Commissioner Steve Mulroy.
CHISM Chairman, Law Enforcement CARPENTER Vice-Chairman, Economic Development PELLICCIOTTI Chairman, Conservation 21. A Resolution approving an amendment to FY 2010-2011 operating budget of the Shelby County Fire Department in the amount of $190,971 and amending the position control budget for a one and one-half percent (1.5%) salary increase and related increase in fringe benefits for all Fire Department employees as well as an increase in certification pay and this item requires the expenditure of Fire Department Enterprise Funds from Fire Fee Revenue in the amount of $190,971. Resolution sponsored by Commissioner Sidney Chism. (AMENDED IN COMMITTEE AUGUST 4, 2010) 22. Resolution requiring all memorandums of understanding between the County of Shelby, Tennessee and duly authorized Industrial Development Boards for municipalities located in Shelby County, Tennessee to be approved by the Shelby County Commission. Sponsored by Commissioner Ritz. (WITHDRAWN IN COMMITTEE AUGUST 4, 2010) 23. Resolution urging the Tennessee Valley Authority (TVA) to implement an energy efficiency plan to reduce electric consumption by one percent each year for the next five years. Sponsored by Commissioner Steve Mulroy. (AMENDED IN COMMITTEE AUGUST 4, 2010) 24. Resolution amending the Shelby County Board of Commissioners' Permanent Rules of Order. Sponsored by Commissioner Mike Ritz. 25. 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, 1998. Sponsored by Commissioner Mike Carpenter. (AMENDED AND FAILED IN COMMITTEE AUGUST 4, 2010)
26. Resolution approving the creation of a bonus plan for county employees. Sponsored by Commissioner John Pellicciotti. 27. 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. (DEFERRED TO AUGUST 23, 2010) Announcements/Statements 28. Notification from County Mayor of appointments/reappointments to various Boards, Commissions, and offices of Shelby County Government. a) 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. Adjournment 29. Adjournment to Monday, August 23, 2010 at 1:30 p.m.