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Suite 603, City County Building
400 West Main Street
Knoxville, Tennessee 37902
Phone (865) 215-2534
Fax (865) 215-2038
SAMUEL MCKENZIE, 1ST DISTRICT
AMY BROYLES, 2ND DISTRICT
TONY NORMAN, 3RD DISTRICT, CHAIRMAN
JEFF OWNBY, 4TH DISTRICT
RICHARD BRIGGS, 5TH DISTRICT
BRAD ANDERS, 6TH DISTRICT
R. LARRY SMITH, 7TH DISTRICT, VICE-CHAIR
DAVE WRIGHT, 8TH DISTRICT
MIKE BROWN, 9TH DISTRICT
MIKE HAMMOND, 10TH DISTRICT
ED SHOUSE, 11TH DISTRICT
THE KNOX COUNTY BOARD OF COMMISSIONERS SHALL MEET IN REGULAR SESSION ON TUESDAY, MAY 28, 2013 AT 1:45 P.M. IN THE MAIN ASSEMBLY ROOM OF THE CITY COUNTY BUILDING, 400 WEST MAIN STREET.
 
             
I.      CALL TO ORDER/ROLL CALL (1:45 P.M.):
A.  Public Forum
      1.  Trudy Monaco - Candoro
B.  Honorary Resolutions
R-13-5-101   Consideration of a Resolution of the Commission of Knox County, Tennessee honoring Jamey Dobbs.
(Commissioner Broyles)
Work Session Recommendation: Approve
10-0-0-1


 
R-13-5-102   Consideration of a Resolution of the Commission of Knox County, Tennessee memorializing Officer David Siedler.
(Commissioner Anders and County Mayor) 
(DEFERRED FROM APRIL)
Work Session Recommendation: Approve
10-0-0-1

 
R-13-5-103   Consideration of a Resolution of the Commission of Knox County, Tennessee honoring Mabel Wolfe Acuff upon the occasion of her 100th birthday celebration. (TO BE ADDED)
(Commissioner Wright and County Mayor)
Work Session Recommendation: Approve
10-0-0-1


 
II.     CALL TO ORDER/ROLL CALL (2:00 P.M.):

A.  Devotional
     
Commissioner Sam McKenzie

B.  Pledge to the Flag
     
Commissioner Ed Shouse
C.  Approval of Minutes of Previous Meeting
D.  Amendments to the Agenda
E.  Drives and Roads
   Consideration of the closure of Sedona Canyon Trail and Horseshoe Mesa Trail.  Roads are located in Kinley's Kanyon Subdivision in Commission District 8. Property Owners Johnson Koontz, LLC and EDJ Properties LLC.
(SECOND READING)

(Engineering and Public Works)
Work Session Recommendation: Approve
10-0-0-1

 
F.  Line Item Transfers
   Line Item Transfers.
(Finance)
Work Session Recommendation: Approve
7-0-0-4


 
G.  Notary Applications
H.  Resolutions
     (Education Consent, Consent Calendar, Resolutions not on Consent)
*R-13-5-110   Consideration of a Resolution of the Commission of Knox County, Tennessee confirming the appointments of Forrest Wallace, Hugh Nystrom, Chuck Williams, Edith (Edie) Clemons and Tim Gokounous and the reappointments of Teresa Seard, Tara Richardson and Donna Mitchell to the Knox County Community Corrections Advisory Board to the Community Alternatives to Prison Program (CAPP).
(County Mayor)
Work Session Recommendation: Approve
10-0-0-1


 
*R-13-5-111   Consideration of a Resolution of the Commission of Knox County, Tennessee reappointing Dave Parmly, a citizen member with benefits administration experience, and Frank Robinson, a citizen member with financial management experience, to the Knox County Health Insurance Appeal Board to serve two (2) year terms in order to restore the Health Insurance Appeals Board to staggered terms as provided by the establishing ordinance.
(Human Resources)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-201   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a lease agreement in the annual amount of $60,256.00 and increasing slightly each year thereafter with Knoxville Center, LLC for approximately 7,532 square feet of space in the Knoxville Center for Adult Education Services.
(Schools)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-202   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract for an Investment Grade Energy Audit with Trane U.S. Inc. in the amount of $571,492.00 (which amount is only reimbursable to Trane in the event Knox County Schools does not proceed with improvements) for Phase III-C of the Energy Conservation and Infrastructure Improvement Program for Knox County Schools.
(Schools)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-203   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract in the amount of $683,382.00 with K & F Construction Inc. for renovations and additions to Chilhowee Intermediate School.
(Schools)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-204   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Fund Balance Designation (General Purpose School Fund) in the amount of $11,430,000.00 for textbooks, technology, maintenance and matching grant funds.
(Schools)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-301   Consideration of a Resolution of the Commission of Knox County, Tennessee approving Amendment #4 to the lease agreement with Samuel J. Furrow for space located at 1808 North Cherry Street for the operation of the Knox County Sheriff's Office Community Alternatives to Prison Program (CAPP), which amendment extends the lease for one (1) year to expire June 30, 2014 with the monthly rental amount remaining at $4,245.00.
(Sheriff)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-401   Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Blue Beacon U.S.A., L.P. for property located at 1501 Everett Road.
(Engineering and Public Works)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-402   Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Raintree AL, LLC for property located at 555 Rain Forest Road.
(Engineering and Public Works)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-403   Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Powell Medical Investors, LLC for property located at 7700 Dannaher Drive.
(Engineering and Public Works)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-404   Consideration of a Resolution of the Commission of Knox County, Tennessee approving the necessary right of way acquisitions (two tracts) for the Dave Smith Road bridge replacement over Tuckahoe Creek.
(Engineering and Public Works)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-405   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a construction contract in the amount of $206,941.10 with Twin K Construction for the Dave Smith Road bridge replacement over Tuckahoe Creek.
(Engineering and Public Works)
Work Session Recommendation: Approve
10-0-0-1


 
*R-13-5-406   Consideration of a Resolution of the Commission of Knox County, Tennessee approving an amendment to Knox County Contract No. 11-205 with PSC Metals, Inc. for the sale of recycled scrap metal collected for recycling at Knox County Convenience Centers, which amendment provides for the conversion of measurement and pricing from net tons to gross tons in order to conform to the scrap metal industry standards.
(Solid Waste)
Work Session Recommendation: Approve
10-0-0-1


 
*R-13-5-501   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Community Housing Development Organization (CHDO) agreement with Neighborhood Housing Inc. to provide $283,614.00 in CHDO set-aside funds under the Home Investment Partnerships Program for the development and administrative expenses related to the construction of four (4) single family homes located in the River Meadows Subdivision in Mascot.
(Community Development)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-502   Consideration of a Resolution of the Commission of Knox County, Tennessee approving an agreement with Helen Ross McNabb Inc. to provide $295,000.00 in unprogrammed and reprogrammed Federal Home Investment Partnerships Program funds for the construction of eight (8) units of supportive housing for Veterans located at 4821 Coster Road (Helen Ross McNabb Foundation to provide $501,000.00 for a total project cost of $796,000.00).
(Community Development)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-601   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a $500,000.00 reduction in the Knox County Indigent Care Program agreement for fiscal year 2013-2014 for a new total contract amount of $4,250,000.00.
(Health Department)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-602   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant contract in the amount of $585,400.00 (requires a local match of $58,500.00) with the Tennessee Department of Health for the provision of National Bioterrorism Hospital Preparedness and Public Health Emergency Preparedness.
(Health Department)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-801   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a policy for payment and reimbursement for allowable expenditures.
(DEFERRED FROM APRIL)

(Finance)
Work Session Recommendation: Approve
10-0-0-1


 
*R-13-5-802   Consideration of a Resolution of the Commission of Knox County, Tennessee determining the method of disposal of property located at 7215 Middlebrook Pike (parcel 106KB02603 on which the house is located) to be through the Request for Proposals process.
(Purchasing)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-803   Consideration of a Resolution of the Commission of Knox County, Tennessee to estimate and appropriate funds in the amount of $5,275,000.00 from the General Fund to the Capital Improvement Fund for the Carter Elementary project, which amount was received from the transfer of properties commonly known as the Hillcrest facilities.
(Finance)
Work Session Recommendation: Approve
10-0-0-1


 
*R-13-5-804   Consideration of a Resolution of the Commission of Knox County, Tennessee approving an amendment to the FY 2012-2013 Defined Services Contract with the Development Corporation of Knox County for Economic and Community Development, which amendment provides additional funding in the amount of $75,000.00 for operating expenses related to business park maintenance and repairs, Fairview parking lot resurfacing, and special projects management and administration. 
(TO BE ADDED)

(Purchasing)
Work Session Recommendation: Approve
10-0-0-1


 
R-13-5-805   Consideration of a Resolution of the Commission of Knox County, Tennessee establishing a General County Budget and making appropriations from the several funds for Departments, Institutions, Offices and Agencies of Knox County, Tennessee, for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014.
(County Mayor and Finance)
Work Session Recommendation: No Recommendation
10-0-0-1


 
R-13-5-806   Consideration of a Resolution of the Commission of Knox County, Tennessee establishing the Knox County Tax Rates for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014.
(County Mayor and Finance)
Work Session Recommendation: No Recommendation
10-0-0-1


 
R-13-5-807   Consideration of a Resolution of the Commission of Knox County, Tennessee adopting the Five-Year Capital Improvement Plan for Fiscal Years 2014-2018 and appropriating funds for the first year of the plan in accordance with said plan.
(County Mayor and Finance)
Work Session Recommendation: No Recommendation
10-0-0-1


 
*R-13-5-901   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant contract in the amount of $260,540.00 (requires a local match of $134,217.59) with the Tennessee Department of Human Services for Child Support Enforcement Services.
(Juvenile Court)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-902   Consideration of a Resolution of the Commission of Knox County, Tennessee authorizing the extension of the existing arrangement wherein the Development Corporation of Knox County serves as the Joint Economic and Community Development Board for the City of Knoxville and Knox County.
(County Mayor)
Work Session Recommendation: Approve
10-0-0-1

 
*R-13-5-903   Consideration of a Resolution of the Commission of Knox County, Tennessee approving Private Chapter No. 6, which is House Bill No. 1269, of the 108th Tennessee General Assembly, to repeal Chapter 64 of the Private Acts of 1971, relative to the Office of Legislative Affairs for Knox County and requesting the Knox County Law Director to ensure that the required notice of the Knox County Commission's approval of said Private Act is sent to the Tennessee Secretary of State.
(Commissioner Norman)
Work Session Recommendation: Approve
10-0-0-1

 
R-13-5-904   Consideration of a Resolution of the Commission of Knox County, Tennessee requesting the Metropolitan Planning Commission (MPC) to recommend amendments to the Knox County Zoning Ordinance to remove distance regulations for the sale of beer from the Knox County Zoning Ordinance.
(Commissioner Norman)
Work Session Recommendation: Defer to June
10-0-0-1


 
*R-13-5-905   Consideration of a Resolution of the Commission of Knox County, Tennessee approving an amendment to the boundary of the Historic Market Square Redevelopment and Urban Renewal Plan. (TO BE ADDED)
(KCDC)
Work Session Recommendation: Approve
10-0-0-1

 
*   Consideration of the Acceptance of New County Roads:

A)  Ironstone Lane located in Silverstone Subdivision, District 8
B)  Zinc Road located in Silverstone Subdivision, District 8
C)  Platinum Drive located in Silverstone Subdivision, District 8
D)  Rare Earth Drive located in Silverstone Subdivison, District 8
E)  Nuggets Road located in Silverstone Subdivision, District 8
F)  Cadmium Lane located in Silverstone Subdivision, Dist. 8
G)  Castlestone Lane located in Silverstone Subdivision, District 8
H)  Rockstone Lane located in Silverstone Subdivision, District 8
I)   Redrock Lane located in Silverstone Subdivision, District 8
J)   Bluestone Lane located in Silverstone Subdivision, District 8
K)  Feldspar Lane located in Silverstone Subdivision, Dist. 8
L)  Bonnie Roach Lane located in Arborgate Subdivision, District 8
M) Apple Grove Lane located in Arborgate Subdivision, District 8
(Engineering and Public Works)
Work Session Recommendation: Approve
10-0-0-1

 
I.  Ordinances on First Reading
O-13-5-101   Consideration of an Ordinance of the Commission of Knox County, Tennessee repealing Chapter 2, Article VI of the Knox County Code relative to the Office of Legislative Affairs (Ord. No. O-90-9-102, adopted 9-10-90). (FIRST READING)
(Commissioner Norman)
Work Session Recommendation: Approve
10-0-0-1


 
O-13-5-102   Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Knox County Code, Chapter 4, Article I, entitled “Beer” to establish a new Section 4-13, previously reserved, to forbid the sale of beer within 300’ of residential dwellings and within 500’ of schools, churches, and other places of public gathering (Ord. No. O-09-3-107, adopted 4-27-09).
(FIRST READING)
(Commissioner Norman)
Work Session Recommendation: Defer to June
10-0-0-1

 
O-13-5-103   Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Chapter 4, Article I of the Knox County Code entitled "Beer" to require servers and sellers of beer in Knox County to acknowledge in a form approved by Resolution of the Commission the criminal penalties associated with selling or serving beer to minors (Ord. No. O-09-3-107, adopted 4-27-09). (FIRST READING)
(Commissioner Norman)
Work Session Recommendation: Approve
10-0-0-1

 
O-13-5-104   Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Knox County Code, Chapter 12, Article II entitled "Peddlers and Solicitors" to provide certain additional exemptions for programs operated by not for profit organizations in Section 12-27 (Ord. No. O-97-5-101, adopted 7-28-97). (FIRST READING)
(Commissioner Norman and Smith)
Work Session Recommendation: Approve
10-0-0-1


 
O-13-5-105   Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Knox County Code, Chapter 2, Article X, Division 2 entitled "Base Personnel Policies" to provide for the payment of unused accumulated sick leave to retiring Knox County Government employees (Ord. No. O-02-7-101, adopted 8-26-02; Ord. No. 07-7-101, adopted 8-27-07; establishing section 2-775, previously reserved). (FIRST READING)
(Commissioner Broyles and County Mayor)
Work Session Recommendation: Approve
10-0-0-1


 
J.  Ordinances on Second Reading
K.  Public Forum
L.  Other Business
   Spread of Record the required Report on Debt Obligation form filed with the State of Tennessee regarding the capital leasing transaction with Suntrust Bank in the amount of $13,182,024.00 for the purpose of acquiring energy management equipment for the Knox County Schools. (Approved by Resolution R-13-3-201) (TO BE ADDED)
(Purchasing)

 
   Spread of Record the apology from Commissioner Jeff Ownby to his family, friends, constituents and County Commission for his behavior on May 24, 2012. (TO BE ADDED)
(Commissioner Ownby)

 
   Censure of Commissioner Jeff Ownby for his actions on May 24, 2012. (TO BE ADDED)
(Commissioner Hammond)
Work Session Recommendation: Approve
7-1-2-1

 
III.     CALL TO ORDER/ROLL CALL (5:00 P.M.):
A.      Zoning Requests
3-A-13-SP   Request of Browder Metal Recycling for South County Sector Plan Amendment from LI (Light Industrial), AG/RR (Agricultural/Rural Residential) and SLPA (Slope Protection Area) to HI (Heavy Industrial) and SLPA (Slope Protection Area); Property located east end of Valgro Road, east of Sevierville Pike. NINTH COMMISSION DISTRICT. MPC ACTION: ADOPT RESOLUTION #3-A-13-SP AMENDING THE SOUTH COUNTY SECTOR PLAN TO BP (BUSINESS PARK) TYPE 1 AND SLPA (SLOPE PROTECTION AREA) AND RECOMMEND THE KNOX COUNTY COMMISSION APPROVE THE AMENDMENT TO MAKE IT OPERATIVE.  
3-D-13-RZ   Request of Browder Metal Recycling for Rezoning from LI (Light Industrial) and A (Agricultural) to I (Industrial). Property located east end of Valgro Road, east of Sevierville Pike. NINTH COMMISSION DISTRICT. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE EC (EMPLOYMENT CENTER) ZONING.  
4-E-13-SP   Request of D.J. Corcoran for a Northeast County Sector Plan Amendment from AG/RR (Agricultural/Rural Residential) to RC (Rural Commercial). Property located southeast side Tazewell Pike, northwest side Ridgeview Road. EIGHTH COMMISSION DISTRICT. MPC ACTION: ADOPTED RESOLUTION #4-E-13-SP AMENDING THE NORTHEAST COUNTY SECTOR PLAN TO RC (RURAL COMMERCIAL) AND RECOMMEND THE KNOX COUNTY COMMISSION APPROVE THE AMENDMENT TO MAKE IT OPERATIVE.  
4-F-13-RZ   Request of D.J. Corcoran for Rezoning from A (Agricultural) to CR (Rural Commercial). Property located southeast side Tazewell Pike, northwest side Ridgeview Road. EIGHTH COMMISSION DISTRICT. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE CR (RURAL COMMERCIAL) ZONING.  
4-G-13-RZ   Request of Primos Land Company, LLC for rezoning from A (Agricultural) and RA (Low Density Residential) to PR (Planned Residential). Property located west side Cureton Road, south of Ball Camp Pike. SIXTH COMMISSION DISTRICT. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE PR (PLANNED RESIDENTIAL) AT A DENSITY UP TO 5 DWELLING UNITS PER ACRE.  
9-A-12-RZ   Request of Jack Walker for Rezoning from RB (General Residential) to CR (Rural Commercial). Property located northeast side Tillett Lane, northeast of Corryton Road.
EIGHTH COMMISSION DISTRICT. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE CR (RURAL COMMERCIAL) ZONING FOR A PORTION OF THE SITE. (DEFERRED FROM APRIL)
 
5-F-13-RZ   Request of LEON SHERROD FOR REZONING FROM PR(PLANNED RESIDENTIAL) TO A(AGRICULTURAL); property located on the east and west sides of Arnold Lane, east of Clear Springs Road. EIGHTH COMMISSION DISTRICT. MPC RECOMMENDATION: APPROVE A(AGRICULTURAL) ZONING, SUBJECT TO 1 CONDITION.  (TO BE ADDED)
 
B.      Zoning Appeals
C.       Amendments to the Knox County Zoning Ordinance 
O-13-4-102   Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Article 2 and Article 3 of the Knox County Zoning Ordinance (Appendix A of the Knox County Code) to regulate electronic message center signs in all zone districts (Ord. No. O-90-9-130, adopted 9-10-90, as amended). (SECOND READING)
(Metropolitan Planning Commission)
Work Session Recommendation: Approve
6-4-0-1
 
D.      Other Business
E.      Adjournment

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