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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 MONDAY, SEPTEMBER 24, 2012 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
B.  Honorary Resolutions
R-12-9-101   Consideration of a Resolution of the Commission of Knox County, Tennessee supporting "Thank a Teacher Week" in Knox County, September 24-30, 2012, and encouraging all Knox County citizens to participate in "Thank a Teacher Week" by thanking teachers for a job well done. (TO BE ADDED)
(Full Commission)
Work Session Recommendation: Approve 11-0-0-0

 
R-12-9-102   Consideration of a Resolution of the Commission of Knox County, Tennessee thanking the Charter Review Committee for a job well done. (TO BE ADDED)
(Full Commission)
Work Session Recommendation: Approve 11-0-0-0

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

A.  Devotional
   
     Commissioner Richard Briggs
B.  Pledge to the Flag

     Commissioner Amy Broyles
C.  Approval of Minutes of Previous Meeting
D.  Amendents to the Agenda
E.  Drives and Roads
   Consideration of the closure of a portion of the unused right of way for Yarnell Road.  Property located  at the portion of the old Yarnell Road relocated by TDOT as part of Lovell Road widening(350 feet south of existing intersection). Property owners: Ron Watkins, Partners V, LLC.
(FIRST READING)
(Engineering and Public Works)
Work Session Recommendation: Approve 11-0-0-0

 
F.  Line Item Transfers
   Line Item Transfers.
(Finance)
Work Session Recommendation: Approve 11-0-0-0
 
G.  Notary Applications
H.  Resolutions
     (Education Consent, Consent Calendar, Resolutions not on Consent)
*R-12-9-110   Consideration of a Resolution of the Commission of Knox County, Tennessee reappointing Cynthia Stancil (District 1), Frank Rimshaw (District 3), John Schoonmaker (District 5), Bill Sewell (District 7), and Carson Dailey (District 9) to the Knox County Board of Zoning Appeals.
(Commissioners McKenzie, Norman, Briggs, Smith and Brown)
Work Session Recommendation: Approve 11-0-0-0

 
R-12-9-111   Consideration of a Resolution of the Commission of Knox County, Tennessee appointing _____________ (recommended by the East Tennessee Chapter of the Institute of Internal Auditors, four resumes attached) and _____________(recommended by the Knoxville Chapter of the Tennessee Society of Certified Public Accountants, two resumes attached) to the Knox County Audit Committee.
(DEFERRED FROM AUGUST)
(Law Director)
Work Session Recommendation: No Recommendation
 11-0-0-0

 
R-12-9-112   Consideration of a Resolution of the Commission of Knox County, Tennessee appointing ____________to the Knox County Ethics Committee. (TO BE ADDED)
(Law Department)
Work Session Recommendation: Defer 30 days
 11-0-0-0


 
*R-12-9-201   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract of employment between the Knox County Board of Education and Dr. James P. McIntyre, Jr. as Superintendent of Knox County Schools.
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-202   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract in the amount up to $5,000,000.00 annually with Digital Connections, Inc. for installation services for structured cable and other low voltage systems.
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-203   Consideration of a Resolution of the Commission of Knox County, Tennessee approving contracts with Bonitz Flooring Group, Inc., D&M Contract Flooring, Inc., Home Choice Flooring, LLC, and Shanklin & Sons Carpet, Inc. to provide carpet tile installation services as needed in the amount not to exceed $300,000.00 annually.
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-204   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract in the amount of $2,748,764.00 with Merit Construction, Inc. for the construction of a new gymnasium at Carter Middle School. (DEFERRED FROM AUGUST)
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-205   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant agreement in the amount of $166,000.00 (requires a local match of $52,570.00) with the Tennessee Arts Commission for the implementation of the Arts 360 program implementation.
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-206   Consideration of a Resolution of the Commission of Knox County, Tennessee approving the Sprite Spark Parks for School Sweepstakes Grant Fund Contract in the amount of $25,000.00. to refurbish park, school, or active space at Powell Elementary School.
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-207   Consideration of a Resolution of the Commission of Knox County, Tennessee approving the Carl D. Perkins Career and Technical Education Act of 2006 Year Five Action Plan and funding in the amount up to $719,808.00 for the Knox County Schools Career and Technical Education Program for the period beginning July 1, 2012 and ending June 30, 2013.
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-208   Consideration of a Resolution of the Commission of Knox County, Tennessee to approve the awarding of Invitation for Bid #1493 in the amount not to exceed $110,000.00 annually for up to five (5) years to Southeastern Paper Group for garbage bags.
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-209   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant agreement in the amount of $51,900.00 (no local match required) with the Tennessee State Library and Archives for general library services and library materials for the disadvantaged.
(Library)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-210   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant contract in the amount $1,750.00 (requires a local match of $1,750.00 to be funded by The Friends of the Knox County Library) with the Tennessee Arts Commission for the 2013 Children's Festival of Reading.
(Library)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-211   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a fund balance designation (General Purpose School Fund) in the amount of $13,795,000.00 for an addition and renovations at Pond Gap Elementary School ($7,000,000.00), an addition and renovations at Shannondale Elementary School ($4,015,000.00), facility enhancements at Farragut High School ($1,750,000.00), science laboratory upgrades ($800,000.00), and technology and technology assessment ($230,000.00).  (TO BE ADDED)
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-212   Consideration of a Resolution of the Commission of Knox County, Tennessee amending the fiscal year 2013 General Purpose School Fund Budget to provide for an increase in the amount of $1,765,000.00 to fund a mid-year two percent (2%) salary increase for classified employees ($750,000.00) and to fund a portion of the increase in health insurance premiums in order to hold constant the proportionate share paid by employees ($1,015,000.00).  (TO BE ADDED)
(Schools)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-301   Consideration of a Resolution of the Commission of Knox County, Tennessee approving an amendment to the contract with Pay Tel Communications, Inc. for an inmate phone system for the Knox County Sheriff's Office, which amendment provides for the installation, management, and maintenance of a video visitation system.
(Sheriff)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-302   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Memorandum of Agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the reimbursement of overtime salary costs and other pre-approved expenses.
(Sheriff)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-401   Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Jessup Land Company, LLC for property located at 2100 Valley Vista Road.
(Engineering and Public Works)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-402   Consideration of a Resolution of the Commission of Knox County, Tennessee approving the necessary right-of-way acquisitions for the Northshore Drive and Choto Road Intersection Improvements (5 tracts) as shown on the Cannon and Cannon, Inc. design plans.
(Engineering and Public Works)
Work Session Recommendation: Approve 11-0-0-0

 
R-12-9-403   Consideration of a Resolution of the Commission of Knox County, Tennessee approving the necessary right-of-way acquisitions for the Bob Gray Road and Mabry Hood Road Intersection Improvements (9 tracts) and the Bob Gray Road and Bob Kirby Road Intersection Improvements (9 tracts) as shown on the Cannon and Cannon, Inc. right-of-way plans.
(DEFERRED FROM JULY)
(Engineering and Public Works)
Work Session Recommendation: Defer 30 Days
 11-0-0-0
 
*R-12-9-501   Consideration of a Resolution of the Commission of Knox County, Tennessee approving Amendment No. One to a Community Housing Development Organization (CHDO) agreement between Knox County and Community Action for Affordable Neighborhoods to provide for the rehabilitation or construction of a single-family home for a low to moderate income first-time homebuyer, which amendment provides an additional $15,000.00 in HOME program income funds and extends the term of the contract from February 2012 to June 30, 2013.
(Community Development)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-502   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Cooperation Agreement between Knox County and Knox Housing Partnership, Inc. for the waiver of the payment in lieu of taxes for the Willow Place Senior Community.
(Community Development)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-503   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Cooperation Agreement between Knox County and Knox Housing Partnership, Inc. for the waiver of the payment in lieu of taxes for the Blueberry Ridge Senior Community.
(Community Development)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-601   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant contract in the amount of $175,000.00 (requires a local in-kind services match of $153,561.00 in employee labor provided by the Health Department) with the Tennessee Department of Health for Project Diabetes Initiative Services.
(Health Department)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-602   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Memorandum of Understanding between Knox County and the Metropolitan Drug Commission to collect donations for the Flu Mist Program for the Health Department.
(Health Department)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-603   Consideration of a Resolution of the Commission of Knox County, Tennessee authorizing the acceptance of grant funding in the amount of $10,000.00 from Variety - The Children's Charity of Eastern Tennessee to support East Tennessee Safe Sleep Initiative Cribs for Kids Program. (TO BE ADDED)
(Health Department)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-701   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant contract in the amount of $961.50 (requires a local match of $961.50) with the Tennessee Department of Agriculture for planting trees at Carl Cowan and Spring Place Parks.
(Parks and Recreation)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-801   Consideration of a Resolution of the Commission of Knox County, Tennessee accepting the conveyance of three (3) properties located at 2215 Shipetown Road, 280 S. Peters Road, and 312 S. Peters Road from Child and Family Services of Knox County or current owner to Knox County.
(Purchasing)
Work Session Recommendation: Approve 11-0-0-0

 
*R-12-9-802   Consideration of a Resolution of the Commission of Knox County, Tennessee determining the method of disposal of four (4) properties located at 2215 Shipetown Road, 280 S. Peters Road, 312 S. Peters Road, and 7215 Middlebrook Pike to be by public auction and providing for the property located at 7215 Middlebrook Pike to be subdivided and rezoned according to its highest and best use prior to its sale by public auction.
(Purchasing)
Work Session Recommendation: Approve w/Amendment
 11-0-0-0

 
*R-12-9-803   Consideration of a Resolution of the Commission of Knox County, Tennessee designating/committing and appropriating funds from fiscal year 2012 to fiscal year 2013 for various funds and departments.  (TO BE ADDED)
(Finance)
Work Session Recommendation: Approve w/Amendment
 11-0-0-0

 
R-12-9-901   Consideration of a Resolution of the Commission of Knox County, Tennessee withholding disbursements to Knoxville Area Chamber Partnership, Inc., until requested financial disclosures are provided to Commission. (DEFERRED FROM AUGUST)
(Commissioner Norman)
Work Session Recommendation: Finance Department to Review Knoxville Chamber Records and Report at Full Commission Meeting
 11-0-0-0
 
*R-12-9-902   Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with Data Supplies, Inc. for Forms Management Services for various Knox County Departments.
(Information Technology)
Work Session Recommendation: Approve 11-0-0-0

 
R-12-9-903   Consideration of a Resolution of the Commission of Knox County, Tennessee designating/committing and appropriating funds in the amount of $100,000.00 from fiscal year 2012 to fiscal year 2013 for the purpose of restoring that portion of the FY13 Operation Budget of the Metropolitan Planning Commission (MPC) provided by Knox County to the level of funding provided in FY12.
(Commissioner Norman)
Work Session Recommendation: Defer 30 Days
 11-0-0-0

 
R-12-9-904   Consideration of a Resolution of the Commission of Knox County, Tennessee designating/committing and appropriating funds in the amount of $10,000.00 from fiscal year 2012 to fiscal year 2013 for the purchase of a Wrestling Mat for West High School. (TO BE ADDED)
(Commissioner Ownby)
Work Session Recommendation: Withdraw 11-0-0-0

 
*R-12-9-905   Consideration of a Resolution of the Commission of Knox County, Tennessee requesting the Knox County Finance Department to provide a quarterly reports to the Knox County Commission detailing Knox County's Revenues and expenditures. (TO BE ADDED)
(Commissioners Hammond and Broyles)
Work Session Recommendation: Approve 11-0-0-0


 
*R-12-9-906   Consideration of a Resolution of the Commission of Knox County, Tennessee designating/committing and appropriating funds in the amount of $96,000.00 from fiscal year 2012 to fiscal year 2013 for the purpose of funding Phase 2 of the Knox County Health Department's Flu Mist Program.  (TO BE ADDED)
(Commissioner Broyles)
Work Session Recommendation: Approve 11-0-0-0

 
R-12-9-907   Consideration of a Resolution of the Commission of Knox County, Tennessee designating/committing and appropriating funds in the amount of $500,000.00 from fiscal year 2012 to fiscal year 2013 for the Knoxville-Knox County Community Action Committee (CAC) through the defined services contract process to use and disperse to local organizations to help provide free or reduced public transportation for seniors and those who are disabled.  (TO BE ADDED)
(Commissioner Broyles)
Work Session Recommendation: Approve 9-1-1-0

 
R-12-9-908   Consideration of a Resolution of the Commission of Knox County, Tennessee designating/committing and appropriating funds in the amount of $300,000.00 from fiscal year 2012 to fiscal year 2013 to provide for the location selection, site development, and design of a senior center in the northwest section of Knox County.  (TO BE ADDED)
(Commissioner Anders)
Work Session Recommendation: Approve 9-2-0-0


 
R-12-9-909   Consideration of a Resolution of the Commission of Knox County, Tennessee designating/committing and appropriating funds in the amount of $55,000.00 from fiscal year 2012 to fiscal year 2013 for the purpose of providing $5,000.00 in discretionary funding for each of the eleven (11) Knox County Commissioners.  (TO BE ADDED)
(Commissioner McKenzie)
Work Session Recommendation: No Recommendation
 10-0-1-0

 
R-12-9-910   Consideration of a Resolution of the Commission of Knox County, Tennessee extending the billboard moratorium for an additional sixty (60) days, expiring November 29, 2012. (TO BE ADDED)
(Full Commission)

  
R-12-9-911   Consideration of a Resolution of the Commission of Knox County, Tennessee approving an amended Knox County Nonprofit Funding Policy. (TO BE ADDED)
(Commissioner McKenzie)
  
*   Spread of Record the Knox County Mayor's letter rejecting the Hallsdale Powell Utility Board's list of nominees to fill a vacancy on said Board.
(Law Department)
Work Session Recommendation: Approve 11-0-0-0

 
*    Spread of Record the Knox County Mayor's order appointing Kenneth Maples to the First Utility District Board of Commissioners. (TO BE ADDED)
(Law Department)
Work Session Recommendation: Approve 11-0-0-0

 
*    Consideration of the Acceptance of New County Roads:
A.) Gull Lane located in Turtle Point Subdivision, District 4.
(Engineering and Public Works)
Work Session Recommendation: Approve 11-0-0-0

 
I.  Ordinances on First Reading
O-12-9-101   Consideration of an Ordinance of the Commission of Knox County, Tennessee to (1) repeal and replace Chapter 10, Article I. in General, Article II. 2006 International Building Code (IBC), Article III. 2006 International Residential Code (IRC), Article IV. 2006 International Fuel Gas Code (IFGC), Article V. 2006 International Property Maintenance Code (IPMC), Article VI. 2006 International Mechanical Code (IMC), Article VII. 2006 International Plumbing Code (IPC), Article X. 2006 International Code Council Performance Code (ICCPC), Articel XI. 2006 International Existing Building Code (IEBC), Article XII. 2006 International Energy Conservation Code (IECC), (Ord. No. O-07-3-101, adopted 4-16-07, Ord. No. O-09-9-101, adopted 10-26-09, Ord. No. O-06-11-101, adopted 12-18-06) Chapter 30, Article II. 2006 International Fire Prevention Code (IFC) (Ord. No. O-07-3-101, adopted 4-16-07 and Ord. No. O-09-9-101, adopted 10-26-09), Article III. 2006 Life Safety Code (LSC), (Ord. No. O-07-3-101, adopted 4-16-07 and Ord. No. O-09-9-101, adopted 10-26-09), Chapter 26, Article IV. Vacant, Deteriorated or Blighted Properties (Ord. No. O-94-11-101, adopted 12-19-94, Ord. No. O-08-3-101, adopted 4-28-08, and Ord. No. O-09-4-103, adopted 5-26-09), Chapter 38, Article III. Lot Cleanliness, (Ord. No. O-91-3-102, adopted 7-15-91 and Ord. No. O- 98-11-101, adopted 11-16-98) and Chapter 62, Article IX. Abandoned and inoperable Vehicles (Ord. No. O-05-9-102, adopted 10-24-05) and (2) adopt the International Swimming Pool and Spa Code (ISPSC) with amendments at Chapter 10, Division 2, previously reserved, and add a new Article XIII to Chapter 10 for the International Green Construction Code (IGCC) with amendments. (FIRST READING)
(Code Administration)
Work Session Recommendation: Approve 11-0-0-0

 
J.  Ordinances on Second Reading
K.  Public Forum
L.  Other Business
   Discussion regarding the Knox County Ethics Committee Appointment. (TO BE ADDED)
(Commissioner Norman)
  
III.     CALL TO ORDER/ROLL CALL (5:00 P.M.):
A.      Zoning Requests
8-B-12-RZ   Request of REBECCA V. FERGUSON FOR REZONING FROM RA (LOW DENSITY RESIDENTIAL) TO A (AGRICULTURAL); Property located south side Woodson Drive, south of Hilltop Road. COMMISSION DISTRICT 9. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE A (K) (AGRICULTURAL) SUBJECT TO 3 CONDITIONS.  
8-H-12-RZ   Request of SAM CONNOR FOR REZONING FROM A (AGRICULTURAL) AND F (FLOODWAY) TO PC (PLANNED COMMERCIAL) AND F (FLOODWAY).
Property located southeast side W. Emory Road, southwest of Central Avenue Pike. COMMISSION DISTRICT 7. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE PC (K) (PLANNED COMMERCIAL) AND F (FLOODWAY) ZONING SUBJECT TO 2 CONDITIONS.		  
B.      Zoning Appeals
7-C-12-RZ   Appeal by James A. and Tammy S. Bennett of MPC denial of rezoning from A (Agricultural) to CA (General Business). Property located northwest side Apache Road, northwest of Rutledge Pike.
COMMISSION DISTRICT 8; MPC RECOMMENDATION: DENY CA (GENERAL BUSINESS).		  
C.       Amendments to the Knox County Zoning Ordinance 
O-12-9-102   Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Article 1, Article 2, Article 3, Article 4, Article 5, and Article 6 of the Knox County Zoning Ordinance (Appendix A of the Knox County Code) to edit, clarify, correct, and make other minor changes to the Zoning Ordinance (Ord. No. O-90-9-130, adopted 9-10-90, as amended).
(FIRST READING)
(Metropolitan Planning Commission)
Work Session Recommendation: No Recommendation
 11-0-0-0

 
O-12-9-103   Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Article 5, Section 5.80 of the Knox County Zoning Ordinance (Appendix A of the Knox County Code) entitled "Historical Overlay Zone (HZ)" to conform to State law regarding the composition of and who is responsible for appointments to the Knox County Historic Zoning Commission (Ord. No. O-96-2-101, adopted 3-25-96). (FIRST READING)
(Metropolitan Planning Commission)
Work Session Recommendation: Approve 11-0-0-0

 
O-12-9-104   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) regarding the regulation of signs, billboards, electronic message centers, and other advertising structures in Knox County (Ord. No. O-90-9-130, adopted 9-10-90, as amended). (FIRST READING) (TABLED FROM MARCH)
(Metropolitan Planning Commission)
Work Session Recommendation: Divide Ordinance into 3 Separate Ordinances, Defer to November 2012 Meeting, Hold 2 Public Meetings and Extend Moratorium
 11-0-0-0
 
D.      Other Business
E.      Adjournment

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