BOARD OF COUNTY COMMISSIONERS
SHELBY COUNTY, TENNESSEE
AGENDA
Monday, April 12, 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
______________________________________________________________________
4/9/2010 11:31 AM
1:30 PM COMMISSION CONVENES
CALL TO ORDER
Chairman Joyce Avery
OPENING OF THE COMMISSION
Deputy Sheriff
INVOCATION
Father Dr. Andrew MacBeth, Rector
Calvary Episcopal Church (District 2)
PLEDGE OF ALLEGIANCE
ROLL CALL
Approval of Minutes of Previous Session
March 29, 2010
C O N S E N T A G E N D A
Resolutions of Memorial, Sympathy and Commendation
1. Resolution commending Mr. Robert Nations, Jr., Director of the Shelby County Office of
Preparedness. Co-sponsored by Chairman Joyce Avery and Commissioner George Flinn.
Ordinances
CHISM
Chairman, Law Enforcement Committee 2. ORDINANCE - FIRST READING - An ordinance
to amend Chapter 7, Article XI, of the Code of Ordinances regarding police emergency alarm
systems so as to reduce the number of allowable false alarms, include civil damages and add
notification process of alarm users operating without a permit. Sponsored by Commissioner
Mike Carpenter. (AMENDED IN COMMITTEE 4/7/10)
MOORE
Vice-Chairman, General Government Committee 3. ORDINANCE - FIRST READING - An
ordinance to amend Shelby County Code of Ordinances, Chapter 20, Article V, to update
regulations concerning the operation of bicycles. Sponsored by Commissioner Mike Carpenter.
Reports and/or Resolutions for Standing Committees
RITZ
Vice-Chairman, Budget and Finance Committee 4. A resolution approving a revised
intergovernmental agreement with the City of Memphis for the collection of business tax
licensing fees; and this item is a fee generating agreement. Sponsored by Commissioner Deidre
Malone.
MULROY
Vice-Chairman, Hospitals and Health Committee 5. A resolution approving an amendment
increasing the operating budget of the Memphis and Shelby County Health Department’s
FY2009-2010 Public Health Emergency Preparedness Program by the amount of $137,300.00 to
a total amount of $1,229,050.00, 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 $137,300.00. Resolution sponsored by Commissioner Deidre Malone.
CHISM
Chairman, Law Enforcement Committee 6. A resolution approving a contract and amending the
Fiscal Year 2010 Operating Budget for the Office of Preparedness Hazardous Material
Emergency Preparedness Grant in the amount of $6,500.00 and the appropriation of said funds
and this item requires the expenditures of pass through funds in the amount of $6,500.00 under
the U.S. Department of Homeland Security Grant Programs. Sponsored by Commissioner Sidney
Chism.
MOORE
Vice-Chairman, General Government Committee 7. Resolution approving the election of
notaries public for appointment and/or reappointment for Shelby County, Tennessee. Sponsored
by Commissioner George Flinn.
BROOKS
Chairman, Delinquent Tax Property Committee 8. Resolution approving the sale of fourteen
(14) County owned delinquent tax parcels, acquired from Shelby County Trustee Tax Sale Nos.
0005, 0103, 0201, 0203, 0304, 0402, 0403, 0502, 0503, and 0504, to identified purchasers at
various prices collectively totaling $65,000.00, 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.
R E G U L A R A G E N D A
Elections, Appointments, and Confirmations
MOORE
Vice-Chairman, General Government Committee 9. Resolution approving the County Mayor's
nomination of Cathy Simmons for reappointment to the Memphis and Shelby County Center
City Parking Authority. Sponsored by Commissioner George Flinn. (DEFERRED TO 5/19/10)
MOORE
Vice-Chairman, General Government Committee 10. Resolution reappointing Commissioner
Sidney Chism and Commissioner Mike Ritz to the Needs Assessment Committee. Sponsored by
Chairman Joyce Avery.
Ordinances
RITZ
Chairman, Land Use Committee 11. ORDINANCE – THIRD READING (AMENDED) – ZTA
09-002 CC -- a joint ordinance amending the Memphis and Shelby County Zoning Ordinance
regulations adopted by the Shelby County Board of Commissioners on October 6, 1980, and by
the Council of the City of Memphis on October 7, 1980, being Resolution and Ordinance No.
3064, as amended, so as to make certain changes therein as follows:
(1) Amend Appendix A Zoning, Section 2 to define the term "Family
Recreation Center(s)".
(2) Amend Appendix A Zoning, Section 2 to define the term "Park(s)"
(3) Amend Chart 1, Footnote 18, requiring adult entertainment uses to
be located a minimum distance of 1,500 feet from certain identified
uses, to add "Family Recreation Center(s)" as one of the identified
uses listed.
Sponsored by Commissioner Ritz
(Notice of public hearing published in the Daily News Friday, February 12, 2010)
Reports and/or Resolutions for Standing Committees
CARPENTER
Chairman, Public Works Committee 12. Resolution approving the sale of 1.291 acres of
improved real property located on the southwest side of Lamar Avenue, immediately east of
Kyle Avenue, to Curtis Broome, Sr. for $40,000.00. Sponsored by Commissioner Mike
Carpenter. (DEFERRED TO 4/26/10)
MULROY
Vice-Chairman, Hospitals and Health Committee 13. A resolution approving an amendment to
the FY2009-2010 operating budget of the Memphis and Shelby County Health Department’s
Healthy Start Initiative Grant Program reducing the budget by the amount of $20,927.00 from
$729,413.00 to $708,486.00, an amendment to the FY2009-2010 position control budget and the
appropriation of said funds. This item requires the expenditure of Federal Grant funds in the
amount of $708,486.00. Resolution sponsored by Commissioner Deidre Malone.
CHISM
Chairman, Law Enforcement Committee 14. 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. (DEFERRED TO 4/26/10)
CHISM
Chairman, Law Enforcement Committee 15. Resolution to approve a contract between General
Sessions Criminal Court judges and West A Thompson Reuters Company for legal on-line
research (Westlaw) in the amount of $8,001.00 for the period October 1, 2009 through June 30,
2010, and the contract for October 1, 2009 through September 30, 2012. Sponsored by
Commissioner George Flinn. (ADD-ON IN COMMITTEE AND SENT WITHOUT
RECOMMENDATION 4/7/10)
MOORE
Chairman, Community Services Committee 16. Resolution amending the FY 2010 Operating
Budget in the amount of $2,433,610.00 for receipt of a U. S. Department of Health and Human
Services Grant totaling $5,047,788.00 for the Ryan White Comprehensive AIDS Resources
Emergency Act (CARE Act) to provide services for people living with HIV and AIDS for the
period of March 1, 2010 to February 28, 2011; amending the Position Control Budget; and
appropriating said funds. Resolution also approves service provider contracts for the purpose of
administering HIV Emergency Relief Project Grant Funds for the period of March 1, 2010 –
February 28, 2011. This item requires expenditure of Federal Grant Funds in the amount of
$2,433,610.00 in Fiscal Year 2010. Sponsored by Commissioner Edith Ann Moore.
(AMENDED IN COMMITTEE 4/7/10)
RITZ
Chairman, Audit Committee 17. Resolution to censure the Chancery Court Clerk, General
Sessions Clerk, and Probate Court Clerk for failing to uphold the public trust when addressing
the issues raised by Shelby County's outside audit firm. Sponsored by Commissioner John
Pellicciotti. (FAILED IN COMMITTEE FOR LACK OF SECOND 4/7/10)
Announcements/Statements
18. Notification from County Mayor of appointments/reappointments to various Boards,
Commissions, and offices of Shelby County Government. a) Resolution approving the
appointment of Patricia R. Biggs as a retiree member to the Unified Personnel Policy Committee.
Sponsored by Commissioner George Flinn.
Adjournment
19. Adjournment to Monday, April 26, 2010 at 1:30 p.m.