BOARD OF COUNTY COMMISSIONERS
SHELBY COUNTY, TENNESSEE
AGENDA
Monday, December 21, 2009

Commissioner Joyce Avery, Chairman
Commissioner J.W. Gibson II
Commissioner Sidney Chism, Chairman Pro Tempore
Commissioner James Harvey
Commissioner Henri E. Brooks
Commissioner Deidre Malone
Commissioner Wyatt Bunker
Commissioner Steve Mulroy
Commissioner Mike Carpenter
Commissioner Mike Ritz
Commissioner George Flinn
______________________________________________________________________
12/18/2009 2:45 PM
1:30 PM
COMMISSION CONVENES
CALL TO ORDER
Chairman Joyce Avery
OPENING OF THE COMMISSION
Deputy Sheriff
INVOCATION
Elder Tommy Andrew Sullivan, Pastor
Church of the Word Worship and Praise
PLEDGE OF ALLEGIANCE
ROLL CALL
Approval of Minutes of Previous Session
C O N S E N T A G E N D A
Resolutions of Memorial, Sympathy and Commendation
1. Resolution Commending Elder Tommy Williams, executive director of the Memphis
Ten Point Coalition, for exemplary community service. Sponsored by Commissioner
James Harvey.
Ordinances
RITZ
Vice-Chairman, Budget and Finance Committee 2. ORDINANCE - FIRST READING - An
Ordinance amending Shelby County Code of Ordinances Section 2-56 to 2-71 to update
the Shelby County, Rules and Regulations to reflect significant change made. Sponsored
by Commissioner Deidre Malone
Zoning and Subdivisions
RITZ
Chairman, Land Use Committee 3. Resolution to accept the public improvements and to
release the bond that secured the improvements to Walnut Grove/Hall Road PD, Phase 4
(P.D. 01-305 CC) Sponsored by Commissioner Mike Ritz.
Reports and/or Resolutions for Standing Committees
MALONE
Chairman, Public Works Committee 4. Resolution to amend the Capital Improvement
Plan Budget in the amount of $100,000.00 to appropriate $100,000.00 to Agricenter
International for necessary roof renovation and repair and this item requires the
expenditure of $100,000.00. Sponsored by Commissioner Deidre Malone.
MALONE
Acting Chairman, Hospitals & Health Committee 5. A resolution approving an
amendment increasing the operating budget of the Memphis and Shelby County Health
Department’s FY2009-2010 H1N1 Public Health Emergency Response program by the
amount of $2,625,700.00 to a total amount of $3,164,400.00, an amendment to the FY2009-
2010 position control budget and the appropriation of said funds. This item requires the
expenditure of Federal thru State Grant funds in the amount of $2,625,700.00. Resolution
sponsored by Commissioner George Flinn.
MALONE
Acting Chairman, Hospitals & Health Committee 6. A resolution to approve an
amendment to the FY2009-2010 operating budget in the amount of $18,675.00 for the
provision of the Commodity Supplemental Food Program (CSFP) grant program, an
amendment to the FY2009-2010 Position Control Budget, and the appropriation of said
funds. This item requires the expenditure of Federal thru State grant funds under the
CSFP program in the amount of $18,675.00. Resolution sponsored by Commissioner
George Flinn.
CARPENTER
Acting Chairman, Law Enforcement Committee 7. A resolution approving a sub-award
to the City of Bartlett on behalf of Shelby County Office of Preparedness in the amount of
$102,144.00 in accordance with the 2008 Urban Area Security Initiative Grant Funds, and
this item requires the expenditure of pass through funds in the amount of $102,144.00
under the U.S. Department of Homeland Security grant programs. Sponsored by
Commissioner Sidney Chism.
CARPENTER
Acting Chairman, Law Enforcement Committee 8. A resolution amending the FY 2010
Operating Budget in the amount of $818,544.38 for the evacuation and sheltering support
of Hurricane Gustav evacuees and this item requires expenditures of Federal Pass
Through Grant Funds under the Federal Emergency Management Agency (FEMA)
Disaster Assistance Policy, the Military Department of Tennessee and the Tennessee
Emergency Management Agency in the amount of $818,544.38. Sponsored by
Commissioner Sidney Chism.
CARPENTER
Chairman, Community Services Committee 9. Resolution to amend the FY 2010
Operating Budget for Grant Funds in the amount of $10,000.00 from the Assisi
Foundation for implementation of the Shelby County Youthbuilder Corps PILOT Project
sponsored by the Shelby County Office of Early Childhood and Youth. This item requires
expenditure and appropriation of grant funds in the amount of $10,000.00. Sponsored by
Commissioner Mike Carpenter.
CARPENTER
Acting Chairman, Conservation Committee 10. Resolution approving the grant of a
permanent conservation easement to Shelby County Government, for the use and benefit
of the citizens of Shelby County, Tennessee, Across approximately 38.845 Acres of real
property owned by City of Memphis and County of Shelby, for the use and benefit of the
Chickisaw Basin Authority, for wetland mitigation. Sponsored by Commissioner Mike
Ritz.
CARPENTER
Acting Chairman, Conservation Committee 11. Resolution to appropriate funds in the
amount of $200,000.00 for acquisition and closing costs of land and right-of-way for Wolf
River Ecosystem Restoration Project from the FY 2009-10 CBA Budget for Project
Number 300171, Chickisaw Basin Authority, and amending the FY 2009-10 Capital
Projects Budget. Sponsored by Commissioner Steve Mulroy.
BROOKS
Chairman, Core City Committee 12. Resolution to amend resolution approved October
12, 2009 by the Shelby County Board of Commissioners under Item No. 14 entitled,
“RESOLUTION RESCINDING THE SALE OF ONE COUNTY-OWNED DELINQUENT TAX
PARCEL ACQUIRED FROM SHELBY COUNTY TRUSTEE TAX SALE NO. 0203 AND SOLD
TO TRUSTEES OF ST. JAMES CME CHURCH, PURSUANT TO TENNESSEE CODE
ANNOTATED SECTION 67-5-2507, AND AUTHORIZING THE SHELBY COUNTY MAYOR
TO EXECUTE ALL DOCUMENTS NECESSARY TO REFUND THE SALE PRICE TO
TRUSTEES OF ST. JAMES CME CHURCH IN THE AMOUNT OF $7,000.00 AND THE
CLOSING COST IN THE AMOUNT OF $92.90 FOR SAID PROPERTY; AND AMENDING THE
FY 2009/2010 BUDGET. SPONSORED BY COMMISSIONER WYATT BUNKER”. Sponsored
by Commissioner Henri Brooks.
FLINN
Chairman, General Government Committee 13. Resolution renaming the Shelby County
Administration Building located at 160 North Main the “Vasco A. Smith, Jr. County
Administration Building.” Sponsored by Commissioner Henri E. Brooks.
FLINN
Chairman, General Government Committee 14. Resolution approving the election of
notaries publc for appointment and/or reappointment for Shelby County, Tennessee.
Sponsored by Commissioner George Flinn.
FLINN
Chairman, General Government Committee 15. Resolution to affirm and clarify the "pick
up" by Shelby County Government of employee contributions to the Shelby County
Retirement System consistent with Section 414(h)(2) of the Internal Revenue Code.
Sponsored by Commissioner George Flinn.
R E G U L A R A G E N D A
Elections, Appointments, and Confirmations
FLINN
Chairman, General Government Committee 16. Resolution electing an interim County
Commissioner for District 3, Position 3. Sponsored by Commissioner Mike Ritz.
FLINN
Chairman, General Government Committee 17. Resolution amending the resolution
adopted on August 31, 2009, Item No. 19 which approved Odell Johnson, Jr. for
appointment to the Memphis and Shelby County Cross Connection Board by rescinding
said appointment. Sponsored by Commissioner George Flinn.
FLINN
Chairman, General Government Committee 18. Resolution approving appointment of
the three employee members to the Unified Personnel Policy Committee (UPPC).
Sponsored by Commissioner George Flinn. (DEFERRED TO 1/11/10)
FLINN
Chairman, General Government Committee 19. Resolution receiving and filing the
resignation of Commissioner Matt Kuhn; declaring a vacancy in District 4, Position 3 of
the Shelby County Board of Commissioners effective December 16, 2009; setting
Wednesday, January 6, 2009 as the date for interviewing candidates and Monday,
January 11, 2009 for electing an interim County Commissioner; authorizing the Chairman
of the Board of County Commissioners to publish notice of election; and directing the
Shelby County Attorney to conduct criminal background checks on all candidates for
said vacancy. Sponsored by Commissioner Mike Ritz. (ADD-ON IN COMMITTEE 12/16/09)
Ordinances
Zoning and Subdivisions
RITZ
Chairman, Land Use Committee 20. CASE NO. P.D. 09-323 CC
APPLICANT: Arnett CarWash, LLC
LOCATION: East side of Riverdale Road; +/-395.66 feet north of Holmes Road
REQUEST: Plan amendment to allow outdoor vending for an ice house facility.
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, December 11, 2009.)
RITZ
Chairman, Land Use Committee 21. CASE NO. S.U.P. 09-217 CO
APPLICANT: Memphis Stone & Gravel Company
LOCATION: West side of Millington-Arlington Road; 1,400 feet west of
Osborntown Road
REQUEST: Sand and gravel mining
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, December 11, 2009.)
Reports and/or Resolutions for Standing Committees
FLINN
Chairman, General Government Committee 22. Resolution to amend Shelby County
Retirement System Plan B to add an automatic Cost of Living Adjustment for certain
retirees and survivors for calendar years 2010, 2011, and 2012. Sponsored by
Commissioner J.W. Gibson, II. (COMMITTEE RECOMMENDED TO TABLE 12/16/09)
FLINN
Chairman, General Government Committee 23. Resolution naming the building located
at 616 Adams Avenue the “Dr. Vasco A. Smith Juvenile Justice Center.” Sponsored by
Commissioner Mike Ritz. (WITHDRAWN IN COMMITTEE 12/16/09)
MULROY
Chairman, Legislative Committee 24. A Resolution by The Board of Commissioners of
Shelby County, Tennessee, requesting The Shelby County Delegation to support, and
members of The Tennessee General Assembly to enact, legislation amending Tennessee
Code Annotated, Title 55, Chapter 4, to authorize the issuance of new specialty
earmarked license plates for the Shelby County Ask First Campaign. Sponsored by
Commissioner Mike Carpenter.
MULROY
Chairman, Legislative Committee 25. A Resolution by The Board of Commissioners of
Shelby County, Tennessee, to Amend Resolution #26 Adopted on December 7, 2009 to
enact legislation amending Tennessee Code Annotated, Title 67, Chapter 5, Section 2504,
relative to tax sales and the invalidation or rescission of certain sales. Sponsored by
Commissioner Steve Mulroy.
MULROY
Chairman, Legislative Committee 26. A Resolution by the Board of Commissioners of
Shelby County, Tennessee, requesting the Shelby County Delegation to support, and
members of the Tennessee General Assembly to enact, legislation amending Tennessee
Code Annotated, Title 16, Chapter 15, Section 50, relative to domestic violence.
Sponsored by Commissioner Mike Carpenter.
MULROY
Chairman, Legislative Committee 27. Resolution of the Shelby County Board of
Commissioners to request the Shelby County Delegation to ask Governor Bredesen to
add to his call for a special session dealing with higher education and K-12 education a
request that the BEP II Formula be revised to provide fair and equitable state financing of
public schools in Memphis and Shelby County. Sponsored by Commissioner Mike Ritz.
(ADD-ON IN COMMITTEE 12/16/09)
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 David Brackstone for appointment to the Shelby County
Ethics Commission. Sponsored by Commissioner George Flinn. b) Resolution approving
the County Mayor's nomination of Pamela Beasley and Warren Funk for reappointment to
the Shelby County Conservation Board. Sponsored by Commissioner George Flinn.
Adjournment
29. Resolution of adjournment to Monday, January 11, 2010 at 1:30 p.m.