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

Commissioner David Lillard, Chairman Commissioner George Flinn
Commissioner Deidre Malone, Chairman Pro Tempore Commissioner Joe Ford
Commissioner Joyce Avery Commissioner J.W. Gibson II
Commissioner Henri E. Brooks Commissioner James Harvey
Commissioner Wyatt Bunker Commissioner Steve Mulroy
Commissioner Mike Carpenter Commissioner Mike Ritz
Commissioner Sidney Chism
______________________________________________________________________
3/2/2010 10:22 AM
1:30 PM COMMISSION CONVENES
CALL TO ORDER Chairman David Lillard
OPENING OF THE COMMISSION Deputy Sheriff
INVOCATION Elder Tommy Andrew Sullivan, Pastor
Church of the Word Worship and Praise
PLEDGE OF ALLEGIANCE
ROLL CALL
Opening of the Commission
Invocation
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.
Approval of the Consent Agenda
R E G U L A R A G E N D A
Elections, Appointments, and Confirmations
FLINN
Chairman,
General
16. Resolution electing an interim County
Commissioner for District 3, Position 3. Sponsored
by Commissioner Mike Ritz.
Government
Committee
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
recinding 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
equitale 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.