BOARD OF COUNTY COMMISSIONERS SHELBY COUNTY, TENNESSEE AGENDA Monday, March 18, 2013 Commissioner Mike Ritz, Chairman Commissioner Justin J. Ford Commissioner Melvin Burgess, Chairman Pro Tempore Commissioner James Harvey Commissioner Walter L. Bailey, Jr. Commissioner Steve Mulroy Commissioner Steve Basar Commissioner Terry A. Roland Commissioner Henri E. Brooks Commissioner Heidi Shafer Commissioner Wyatt Bunker Commissioner Chris Thomas Commissioner Sidney Chism WQOX 88.5 http://www.mcsk12.net/flash/memphisp_8080.mov Live streaming http://www.shelbycountytn.gov/index.aspx?nid=1218 3/15/2013 4:04 PM 1:30 PM COMMISSION CONVENES CALL TO ORDER Chairman Mike Ritz OPENING OF THE COMMISSION Deputy Sheriff INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Approval of Minutes of Previous Session February 25, 2013 C O N S E N T A G E N D A Resolutions of Memorial, Sympathy and Commendation 1. Resolution honoring community servants Lockie Dearman, Mary Sanford McClure, and Kathryn Rose Fleckenstein, of the Hutchison School Class of 2013, for exemplary contributions to Girls, Incorporated. Sponsored by Commissioners Steve Basar, Heidi Shafer and Chairman Mike Ritz.
Ordinances Acting Chairman, Land Use, Planning, Transportation & Codes Committee 2. ORDINANCE - FIRST READING - A joint ordinance amending the Memphis and Shelby County Unified Development Code as adopted by the City of Memphis August 10, 2010, and by Shelby County August 9, 2010, to revise and enhance the joint zoning and subdivision regulations by amending regulations pertaining to conditional use and special use permits, consumer vehicles parked on residential lots, preexisting apartments, the tree ordinance, standard improvement contracts, dedication of right-of-way, zoning code definitions and other provisions of the code, being Case No. ZTA 13-001 CC. Sponsored by Commissioner Terry Roland. (AMENDED IN MARCH 13, 2013 COMMITTEE MEETING) Zoning and Subdivisions Reports and/or Resolutions for Standing Committees Chairman, Budget and Finance Committee 3. A resolution approving the purchase of Avaya VoIP telephone hand-sets from Scottel Inc., DBA Black Box Network Services, in the amount of $314,962.50 to replace obsolete analogue and digital hand-sets. Resolution sponsored by Commissioner Melvin Burgess. Chairman, Budget and Finance Committee 4. Resolution receiving and filing the January 2013 Financial Report for Shelby County Government. Sponsored by Commissioner Melvin Burgess. Chairman, Budget and Finance Committee 5. A resolution calling the Shelby County Board of Equalization into its sessions for tax year 2013. Sponsored by Commissioner Melvin Burgess. Acting Chairman, Public Works Committee 6. A resolution approving a contract and a contingency allowance with Haralson Property Resources, LLC for roof replacement at Agricenter International. This item requires expenditure of County CIP Funds in the amount of $115,392.85 and the appropriation of said funds. Sponsored by Commissioner Heidi Shafer. Acting Chairman, Public Works Committee 7. Resolution approving a contract between Shelby County Government and Medfac Engineering, LLC. for providing engineering services for boiler upgrades at 140 Adams and 201 Poplar. This item requires expenditure of County Capital Improvement Program (CIP) Funds in the amount of $149,600.00 from the FY 2013 CIP Project No. 307382 and CIP Project No. 610172, and appropriates said funds. Sponsored by Commissioner Sidney Chism. Acting Chairman, Public Works Committee 8. Resolution approving the conveyance of 0.985 acres of property, along with the grant of certain easements, from property owned by Shelby County, Tennessee, for the use and benefit of the Shelby County Conservation Board, located on the West side of Raleigh Millington Rd., immediately South of the Loosahatchie River, to the City of Memphis, for nominal consideration; and authorizing the Mayor to execute a quit claim deed to effect the same. Sponsored by Commissioner Wyatt Bunker.
Acting Chairman, Public Works Committee 9. Resolution approving the conveyance of 2.639 acres of property, along with the grant of certain easements, from property owned by Shelby County, Tennessee, for the use and benefit of the Shelby County Conservation Board, located on the West side of Raleigh Millington Rd., immediately North of the Loosahatchie River, to Shelby County, for nominal consideration; and authorizing the Mayor to execute a quit claim deed to effect the same. Sponsored by Commissioner Wyatt Bunker. Chairman, Hospitals & Health Committee 10. Resolution to approve a grant contract from the State of Tennessee Department of Health for the provision of the HIV/AIDS prevention, expanded testing, surveillance & sexually transmitted diseases (STD) services program in the amount of $2,359,750.00 for the period beginning January 1, 2013 through December 31, 2013, approving an amendment to the FY13 Operating Budget to appropriate and expend additional grant funds in the amount of $293,056.00, and an amendment to the FY13 Position Control Budget. This item requires the expenditure of Federal through State Grant Funds in the amount of $293,056.00. Resolution sponsored by Commissioner Heidi Shafer. Chairman, Hospitals & Health Committee 11. Resolution to approve a grant contract from the State of Tennessee Department of Health for the provision of the Immunization Services Program in the amount of $643,000.00 for the period of January 1, 2013 through December 31, 2013, and approving an amendment to the FY13 Operating Budget to expend grant funds in the amount of $321,500.00, an amendment to the FY13 Position Control Budget and the appropriation of said funds. This item requires the expenditure of Federal thru State Grant Funds in the amount of $254,900.00 and the expenditure of State Grant Funds in the amount of $66,600.00 for a total of $321,500.00. Resolution sponsored by Commissioner Heidi Shafer. Chairman, Hospitals & Health Committee 12. Resolution approving an amendment to the FY13 Operating Budget, increasing the budget in the amount of $60,463.00 for the provision of the Public Health Emergency Preparedness (PHEP) grant program and the appropriation of said funds. This item requires the expenditure of Federal thru State Grant Funds under the PHEP program in the amount of $60,463.00. Sponsored by Commissioner Heidi Shafer. Chairman, Hospitals & Health Committee 13. Resolution to approve a Memorandum of Agreement with the Memphis Area Transit Authority in an amount not to exceed $700,000.00, for the provision of Environmental Protection Agency approved clean air diesel retrofit technology, to be installed on appropriate buses within the existing fleet of Memphis Area Transit Authority. This item requires the expenditure of Federal through State Grant Funds in the amount of $545,000.00 and the expenditure of County matching funds from the air emissions fines & penalties fund in the amount of $155,000.00 for a total expenditure amount of $700,000.00. Resolution sponsored by Commissioner Heidi Shafer. Chairman, Hospitals & Health Committee 14. Resolution to approve a grant contract from the State of Tennessee Department of Health for the provision of the HIV/AIDS Center of Excellence (COE) Services Program in the amount of $100,000.00 for the period beginning April 1, 2013 through March 31, 2014, and approving an amendment to the FY13 Operating Budget to expend grant funds in the amount of $25,000.00, and an amendment to the FY13 Position Control Budget and the appropriation of said funds. This item requires the expenditure
of Federal thru State Grant Funds in the amount of $100,000.00. Resolution sponsored by Commissioner Heidi Shafer. Chairman, Law Enforcement, Fire, Corrections & Courts Committee 15. Resolution receiving and filing the report of the Judicial Commissioner Program as required by Tennessee Code Annotated Section 40-1-111. Sponsored by Commissioner Sidney Chism. Chairman, Law Enforcement, Fire, Corrections & Courts Committee 16. Resolution amending the Shelby County Sheriff's Office FY2013 Budget in the amount of $41,706.00 and accepting funds from the Shelby County 9-1-1 District for the purchase of an uninterruptable power supply system to support the Shelby County Sheriff's Office Communications Center. This item requires the expenditure of Shelby County 9-1-1 District Grant Funds in the amount of $41,706.00. Sponsored by Commissioner Terry Roland. Chairman, Law Enforcement, Fire, Corrections & Courts Committee 17. Resolution to amend the FY13 Operating Budget to establish a Special Revenue Fund in the amount of $75,000 and to appropriate said funds on behalf of the Shelby County Sheriff's Office, in order to provide for reasonable and direct expenses derived from DUI vehicle seizures. This requires the expenditure of Special Revenue Funds in the amount of $75,000. Sponsored by Commissioner Sidney Chism. Chairman, Law Enforcement, Fire, Corrections & Courts Committee 18. Resolution to amend the FY13 Operating Budget to appropriate remaining grant funds awarded from the U.S. Department of Justice for the 2011 Local Edward Byrne Memorial Justice Assistance Grant Program in the amount of $202,316.00. This item requires the appropriation and expenditure of Federal Grant Funds in the amount of $202,316.00. Sponsored by Commissioner Terry Roland. Chairman, Law Enforcement, Fire, Corrections & Courts Committee 19. Resolution to accept grant funds in the amount of $50,000.00 from the Annie E. Casey Foundation for the Juvenile Detention Alternatives Initiative and amend the FY13 Operating Budget in the amount of $29,000.00. This item requires the appropriation and expenditure of private grant funds in the amount of $29,000.00. Sponsored by Commissioner Sidney Chism. Chairman, Law Enforcement, Fire, Corrections & Courts Committee 20. Resolution to amend the Sheriff's Office FY2013 Operating Budget to accept and approve a sub-grant in the amount of $122,712.00 from Inland Rivers Ports and Terminals, LLC for the purchase of Port Security Equipment on behalf of the Shelby County Sheriff's Office. This item requires appropriation of Federal pass through grant funds in the amount of $92,034.00 and Shelby County Sheriff's Office General Funds in the amount of $30,678.00. Sponsored by Commissioner Terry Roland. Chairman, Law Enforcement, Fire, Corrections & Courts Committee 21. Resolution to amend the Sheriff's Office FY2013 Operating Budget to accept and approve a sub-grant in the amount of $50,750.00 from Inland Rivers Ports and Terminals, LLC to provide for operational training to increase Waterborne Police Patrol capability within the urban area of Memphis/Shelby County on behalf of the Shelby County Sheriff's Office. This item requires
appropriation of Federal pass through grant funds in the amount of $50,750.00. Sponsored by Commissioner Terry Roland. Acting Chairman, Economic Development and Tourism Committee 22. Resolution receiving and filing the Annual Financial Report of the Downtown Memphis Commission (previously known as the Center City Commission) for the year ending December 31, 2012. Sponsored by Commissioner Steve Basar. Chairman, Conservation Committee 23. A resolution to approve a grant agreement with the Tennessee Department of Environment and Conservation in the amount of $44,400.00 and to approve a Memorandum of Understanding between Shelby County Government and the Nature Conservancy to accept Plough Foundation grant funds in the amount of $24,000.00 for a total grant amount of $68,400.00 and amending the FY 2013 Operating Budget and appropriating said funds for the completion of a Stormwater Quality Enhancement Project. Sponsored by Commissioner Steve Basar. Vice Chairman, General Government Committee 24. Resolution approving the Election of Notaries Public for Appointment and/or Reappointment for Shelby County, Tennessee. Sponsored by Commissioner Melvin Burgess. Chairman, Delinquent Tax Property Committee 25. Resolution approving the sale of nine identified purchasers at various prices collectively totaling $287,200.00, pursuant to the sale Chairman, Delinquent Tax Property Committee 26. Resolution approving the sale of ten identified purchasers at various prices collectively totaling $47,000.00, pursuant to the sale Chairman, Delinquent Tax Property Committee 27. Resolution approving the sale of ten identified purchasers at various prices collectively totaling $74,501.00, pursuant to the sale Chairman, Delinquent Tax Property Committee 28. Resolution approving the sale of ten identified purchasers at various prices collectively totaling $158,900.00, pursuant to the sale Chairman, Delinquent Tax Property Committee 29. A resolution approving the conveyance of one improved parcel and one unimproved parcel of County owned delinquent tax property to
the Association of Independent Mens Ministries, a Tennessee Not-For-Profit Corporation, for nominal consideration; and to authorize the Mayor to execute quit claim deeds. Sponsored by Commissioner Chris Thomas. Chairman, Delinquent Tax Property Committee 30. A resolution approving the conveyance of one improved parcel of County owned delinquent tax property to Peace, Inc., a Tennessee Not-For-Profit Corporation, for nominal consideration; and to authorize the Mayor to execute quit claim deed. Sponsored by Commissioner Chris Thomas. Chairman, Delinquent Tax Property Committee 31. A resolution approving the conveyance of one improved parcel of County owned delinquent tax property to Serving in Christ Outreach Ministries, Inc., a Tennessee Not-For-Profit Corporation, for nominal consideration; and to authorize the Mayor to execute quit claim deed. Sponsored by Commissioner Chris Thomas. Chairman, Delinquent Tax Property Committee 32. A resolution approving the conveyance of two unimproved parcels of County owned delinquent tax property to TGAND Outreach Ministries, a Tennessee Not-For-Profit Corporation, for nominal consideration; and to authorize the Mayor to execute quit claim deed. Sponsored by Commissioner Chris Thomas. Approval of the Consent Agenda R E G U L A R A G E N D A Elections, Appointments, and Confirmations Vice Chairman, General Government Committee 33. Resolution reappointing Scott Peatross as Public Administrator of the Shelby County Probate Court. Sponsored by Commissioner Justin Ford. Ordinances Vice Chairman, General Government Committee 34. ORDINANCE - THIRD READING - An ordinance establishing a five-year grace period for Memphis City Schools employees to comply with the residency provision of the Shelby County Charter, and exempting from the residency provision those Memphis City Schools employees who were employed and residing outside of Shelby County on September 1, 1986. Sponsored by Commissioner Terry Roland. ROLAND Chairman, Legislative Affairs Committee 35. ORDINANCE-SECOND READING - An ordinance by the Board of Commissioners of Shelby County, Tennessee, to propose an amendment to the Shelby County Charter to remove residency requirements for County employees, and for officials and employees of the Shelby County Board of Education, and requesting the Shelby County Election Commission to conduct a referendum on the question at the August 7, 2014 Countywide General Election. Sponsored by Commissioners Terry Roland, Chris Thomas, and Wyatt Bunker. Zoning and Subdivisions Reports and/or Resolutions for Standing Committees Chairman, Budget and Finance Committee 36. Resolution providing a $150,000 grant to Damascus Road Residential Center for costs and care associated with providing services to the
youth. Sponsored by Commissioner Henri E. Brooks. (SENT FROM COMMITTEE WITHOUT RECOMMENDATION) BAILEY Chairman, Education Committee 37. Resolution enlarging the Shelby County Board of Education to thirteen members and reapportioning the districts of the Shelby County Board of Education pursuant to Tennessee Code Annotated 49-2-201 based on 2010 U.S. Census data and in accordance with the U.S. District Court's order of September 28, 2011 by adopting a redistricting plan consisting of thirteen members and thirteen districts. Sponsored by Chairman Mike Ritz. Announcements/Statements Adjournment 38. Adjournment to Monday, April 1, 2013, at 1:30 p.m.