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
JEFF OWNBY, 4TH DISTRICT
RICHARD BRIGGS, 5TH DISTRICT
BRAD ANDERS, 6TH DISTRICT, CHAIRMAN
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 23, 2013 AT 1:45 P.M. IN THE MAIN ASSEMBLY ROOM OF THE CITY COUNTY BUILDING, 400 WEST MAIN STREET. ALL AGENDA ITEMS ARE SUBJECT TO VOTE.
           
I.      CALL TO ORDER/ROLL CALL (1:45 P.M.):
 
A.  Public Forum

     Steve Seifried - Food Policy Council Report
 
B.  Honorary Resolutions
 
II.     CALL TO ORDER/ROLL CALL (2:00 P.M.):
 
A.  Devotional

    
Commissioner Ed Shouse
 
B.  Pledge to the Flag

     Commissioner Mike Brown
 
C.  Approval of Minutes of Previous Meeting
 
D.  Amendments to the Agenda
 
E.  Drives and Roads
 
           
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F.  Line Item Transfers
 
    Line Item Transfers. (TO BE ADDED)
(Finance)

 
G.  Notary Applications
 
H.  Resolutions
     (Education Consent, Consent Calendar, Resolutions not on Consent)
 
*R-13-9-110    Consideration of a Resolution of the Commission of Knox County, Tennessee appointing Cindy Buttry (District 6) and reappointing Markus Chady (District 2), G. Scott Smith (District 4), and Kevin Murphy (District 8) to the Knox County Board of Zoning Appeals.
(Commissioners Broyles, Ownby, Anders and Wright)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-111    Consideration of a Resolution of the Commission of Knox County, Tennessee appointing Commissioner Brown to serve as a non-voting liaison to the Knox County Ethics Committee.
(Commissioner Anders)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-112    Consideration of a Resolution of the Commission of Knox County, Tennessee confirming the Knox County Mayor's appointment of Bill Belser to serve the unfulfilled term of Linda Claussen on the Knox County Historic Zoning Commission, which term expires March 1, 2014.
(DEFERRED FROM AUGUST)
(County Mayor)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-201    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with Book Systems, Inc. for the provision of a centralized library management system in the amount not to exceed $471,570.00 over a five (5) year term if extended. (First year funded in current budget)
(Schools)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-202    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with Delta Dental of Tennessee for the administration of the Knox County Schools employee dental insurance benefit for the period beginning January 1, 2014 through December 31, 2015 with three (3) additional one (1) year option periods. (First year funded in current budget)
(Schools)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-203    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with EyeMed Vision Care for vision insurance benefit services for Knox County Schools for the period beginning January 1, 2014 through December 31, 2015 with three (3) additional one (1) year option periods. (Contract does not require an expenditure of funds by Knox County Schools)
(Schools)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-204    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a line-item transfer of $3,785,000.00 (previously approved designated monies) from the Pond Gap Elementary School Renovation Project to the Career and Technical Education Magnet High School Renovation Project, which line item transfer will cause no delay to the renovations at Pond Gap Elementary School.
(Schools)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-205    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Memorandum of Agreement between Pellissippi State Community College and the Knox County Board of Education for the operation of the Career and Technical Education (CTE) Magnet High School at the Strawberry Plains Pike Campus.
(Schools)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-401    Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Ball Homes, LLC, for property located at Solway Road.
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-402    Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Broadway Corporation for property located at 7034 Maynardville Pike.
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-403    Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Russell Properties, LLC for property located at 8577 Kingston Pike.
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-404    Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with HD Development, LLC for property located at 0 Nubbin Ridge Road.
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-405    Consideration of a Resolution of the Commission of Knox County, Tennessee approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Fairview Baptist Church Of Corryton, Inc. for property located at 7415 Fairview Road.
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-406    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Local Agency Program Agreement with the Tennessee Department of Transportation (TDOT) to provide for the installation of a traffic signal and other related improvements by the State at the intersection of State Route 131, also known as Emory Road, and Fairview Road and Thompson School Road with Knox County responsible for the maintenance and operation of the traffic signal. (Funded in current budget)
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-407    Consideration of a Resolution of the Commission of Knox County, Tennessee approving an agreement in the amount of $110,750.00 with CDM Smith, Inc. for assistance in preparing an update to the Knox County Strategic Transportation Plan and Needs Assessment. (Funded in current budget)
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-408    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a construction contract in the amount of $326,650.00 with Southern Constructors, Inc. for bridge and guardrail improvements at the following bridges: Roberts Road over Roseberry Creek, Russell Road over Tuckahoe Creek, and Brickyard Road over Beaver Creek. (Funded in current budget)
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-409    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a utility relocation agreement in the estimated amount of $216,151.46 with the Knoxville Utilities Board (KUB) to provide for KUB's reimbursement to Knox County for one hundred percent (100%) of the cost of relocating gas lines due to the Bob Gray Road and Bob Kirby Road and Bob Gray Road and Mabry Hood Road/Hickey Road intersection improvements. (Agreement does not require an expenditure of funds) (DEFERRED FROM AUGUST)
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-410    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a utility relocation agreement in the estimated amount of $200,340.03 with the West Knox Utility District (WKUD) to provide for WKUD's reimbursement to Knox County for one hundred percent (100%) of the cost of relocating water lines due to the Bob Gray Road and Bob Kirby Road and Bob Gray Road and Mabry Hood Road/Hickey Road intersection improvements. (Agreement does not require an expenditure of funds)
(DEFERRED FROM AUGUST)

(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-411    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a construction contract in the amount of $2,193,274.31 with Rogers Group Inc. for intersection improvements at Bob Gray Road and Mabry Hood Road/Hickey Road, Bob Gray Road and Bob Kirby Road, and Northshore Drive and Choto Road, which amount includes an estimated total of $416,491.49 for utility relocations which will be reimbursed to Knox County. (Funded in current budget)
(DEFERRED FROM AUGUST)
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-412    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a construction contract in the amount of $323,146.82 with Duracap Asphalt Paving Company for intersection improvements for West Beaver Creek Drive and Clinton Highway. (Funded in current budget)
(Engineering and Public Works)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-413    Consideration of a Resolution of the Commission of Knox County, Tennessee authorizing the acceptance of a $1,000.00 Award of Excellence from Keep Tennessee Beautiful and the Tennessee Department of Transportation in recognition of the Knox County Solid Waste Division's recycling education efforts, which funding will be used for further recycling education and outreach. (No local match required)
(Solid Waste)
Work Session Recommendation: Approve
11-0-0-0

 
           
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R-13-9-414    Consideration of a Resolution of the Commission of Knox County, Tennessee authorizing the exchange of 3.99 acres of real property located at 7330 Oak Ridge Highway, Knox County, Tennessee, and a permanent ingress and egress easement to said real property from Traci K. Smith, Rufus Haynes Smith, III, and James Thomas Smith to Knox County and 3.99 acres of real property located at 3106 Water Plant Road, Knox County, Tennessee, from Knox County to Rufus H. Smith, Jr. & Company, LLC, a Tennessee LLC, said transfer of properties and easement being contingent upon the execution of a contract by the parties regarding the transfer of the properties and easement; approving the sale by Knox County, Tennessee, to Rufus H. Smith, Jr. & Company, LLC of the remaining 8.9 acres of real property owned by Knox County at 3106 Water Plant Road for the purchase price of $400,465.47; and approving the lease by Knox County, Tennessee of 2.37 acres of real property located at 3106 Water Plant Road from Rufus H. Smith, Jr. & Company, LLC to be used by Knox County as a convenience center, contingent on the approval and execution of the exchange of the 3.99 acres of properties and easement at the above-noted addresses.
(DEFER TO OCTOBER AT REQUEST OF SPONSOR)

(Solid Waste)
Work Session Recommendation: Defer to October
10-0-0-1

 
*R-13-9-501    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a Memorandum of Understanding and Agreement with Knoxville's Community Development Corporation to provide $50,000.00 in 2012 Community Development Block Program Funds for water conservation related upgrades at Autumn Landing and Nature's Cove apartment complexes in Knox County.  (Funded by federal pass through grant funds)
(Community Development)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-502    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with William E. Cole in the amount of $63,600.00, or $5,300.00 per month, plus mileage reimbursement, for Homeland Security Planner Services for the sixteen (16) counties within the Region 2 District Homeland Security Council, which includes Knox County. (Funded by federal pass through grant funds)
(Community Development)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-601    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a grant contract in the amount of $526,000.00 with the Tennessee Department of Health for Tuberculosis control and prevention. (No local match required)
(Health Department)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-602    Consideration of a Resolution of the Commission of Knox County, Tennessee approving the Year Four Notice of Grant Award in the amount of $602,846.00 from the U.S. Department of Health and Human Services for Teenage Pregnancy Prevention and Promoting Safer Sex in Tennessee, also known as "The PSST Project". (No local match required under this grant)
(Health Department)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-701    Consideration of a Resolution of the Commission of Knox County, Tennessee authorizing the acceptance of a donation in the amount of $300.00 from the TVA Employees Credit Union to be used as prize money as part of the annual Scarecrows in the Park competition hosted by Knox County Parks and Recreation at New Harvest Park. (No local match required) (TO BE ADDED)
(Parks and Recreation)
Work Session Recommendation: Approve
11-0-0-0

 
R-13-9-801    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with ___________ for the provision of Workers Compensation Claims Software. (WITHDRAW AT REQUEST OF SPONSOR)
(Risk Management)
Work Session Recommendation: Withdraw
10-0-0-1

 
R-13-9-802    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with ___________ in the amount not to exceed $350,000.00 annually for the provision of Workers Compensation Pharmacy Management Services. (DEFER TO OCTOBER AT REQUEST OF SPONSOR)
(Risk Management)
Work Session Recommendation: Defer to October
10-0-0-1

 
R-13-9-803    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with ___________ in the amount not to exceed $50,000.00 annually for the provision of Workers Compensation Physical Medicine Referral Services. (DEFER TO OCTOBER AT REQUEST OF SPONSOR)
(Risk Management)
Work Session Recommendation: Defer to October
10-0-0-1

 
R-13-9-804    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with ___________ in the amount not to exceed $50,000.00 annually for the provision of Workers Compensation Medical Bill Review Services. (DEFER TO OCTOBER AT REQUEST OF SPONSOR)
(Risk Management)
Work Session Recommendation: Defer to October
10-0-0-1

 
*R-13-9-805    Consideration of a Resolution of the Commission of Knox County, Tennessee determining the method of disposal of property owned by Knox County and located at 3106 Water Plant Road to be by negotiated exchange and sale with Traci K. Smith, Rufus Haynes Smith, III, James Thomas Smith, and Rufus H. Smith, Jr. and Company, LLC.
(Purchasing)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-901    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a contract with Total Administrative Services Corporation/TASC for Fleixible Benefit Account and Health Reimbursement Administration Services for Knox County Government. (First year funded in current budget)
(Human Resources)
Work Session Recommendation: Approve
11-0-0-0

 
R-13-9-902    Consideration of a Resolution of the Commission of Knox County, Tennessee expressing the Commission's support of the Marketplace Fairness Act of 2013 and requesting the Knox County Clerk to send a true and correct copy of this Resolution to Congressman John Duncan, Jr. (DEFERRED FROM AUGUST)
(Commissioner Norman)
Work Session Recommendation: Approve w/Amendment
8-3-0-0

 
           
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*R-13-9-903    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a transfer by donation in fee of the ownership of 390.88 acres of real property and the improvements thereon owned by Knox County, Tennessee and located in the Seven Islands Wildlife Refuge in the Eighth and Ninth Commission Districts of Knox County, Tennessee to the State of Tennessee for the use of said property by the State of Tennessee as part of the State Seven Islands Wildlife Refuge Park. (Requires no expenditure of funds) (TO BE ADDED)
(County Mayor and Commissioners Wright and Brown)
Work Session Recommendation: Approve
11-0-0-0

 
*R-13-9-904    Consideration of a Resolution of the Commission of Knox County, Tennessee approving a temporary utility construction easement agreement with The First Utility District of Knox County for property located  at 10058 S. Northshore Drive, also known as Carl Cowan Park, for pump station improvements. (Easement requires no expenditure of funds)
(County Mayor)
Work Session Recommendation: Approve
11-0-0-0

 
           
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*R-13-9-905    Consideration of a Resolution of the Commission of Knox County, Tennessee authorizing commencement of the procedure for appointing the Knox County Auditor and providing for the interim operation of the Department of Internal Audit. (TO BE ADDED)
(Commissioners Broyles, Wright and Shouse)
Work Session Recommendation: Approve
11-0-0-0

 
R-13-9-906    Consideration of a Resolution of the Commission of Knox County, Tennessee to defer any plans to study and evaluate the size of the Knox County Commission until after the 2014 elections. (TO BE ADDED)
(Commissioner Hammond)

 
I.  Ordinances on First Reading
 
J.  Ordinances on Second Reading
 
O-13-8-101    Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Chapter 2 of the Knox County Code by adding a new Article XIV entitled "Knox County Retirement and Pension Board" to establish an in line of duty disability benefit for eligible Knox County employees. (Knox County Code, Chapter 2, establishing a new Article XIV)
(SECOND READING)

(Retirement and Pension Board)
Work Session Recommendation: Approve
11-0-0-0

 
O-13-8-102    Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Knox County Code Chapter 10, Article V entitled "International Property Maintenance Code" to permit the temporary use of goats to control kudzu and other invasive plants on property (Ord. No. O-12-9-101, adopted October 22, 2012).
(SECOND READING)

(Commissioner Briggs)
Work Session Recommendation: Approve
11-0-0-0

 
K.  Public Forum
 
L.  Other Business
 
    Discussion regarding two upcoming Ethics Committee vacancies.
(Commissioner Anders)

 
    Spread of Record the Knox County Sheriff's appointment of Sgt. Carl King as a non-voting liaison to the Knox County Ethics Committee.
(Sheriff)

 
    Spread of Record the Knox County Mayor's Order reappointing Joseph W. Longmire to the Northeast Knox Utility District Board of Commissioners. (TO BE ADDED)
(County Mayor)

 
           
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III.     CALL TO ORDER/ROLL CALL (5:00 P.M.):
 
A.      Zoning Requests
 
6-C-13-SP    Request of MPC for Jack Walker for Northeast County Sector Plan amendment from NC (Neighborhood Commercial) to RC (Rural Commercial). Property located southeast side Tillett Lane, north of Corryton Road. COMMISSION DISTRICT 8. MPC ACTION: ADOPT RESOLUTION #6-C-13-SP, amending the Northeast County Sector Plan to RC (Rural Commercial) and recommend the Knox County Commission also approve the sector plan amendment to make it operative. (DEFERRED FROM AUGUST)
 
6-H-13-RZ    Request of MPC for Jack Walker for rezoning from RB (General Residential) to CR (Rural Commercial). Property located southeast side Tillett Lane, north of Corryton Road. COMMISSION DISTRICT 8. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE CR (RURAL COMMERCIAL). (DEFERRED FROM AUGUST)
 
7-F-13-RZ    Request of Primos Land Company, LLC for rezoning from A (Agricultural) and I (Industrial) to PR (Planned Residential). Property located southeast side Gray Hendrix Road, east end of Garrison Road. COMMISSION DISTRICT 6. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE PR (PLANNED RESIDENTIAL) AT A DENSITY UP TO 4 DWELLING UNITS PER ACRE. (DEFERRED FROM AUGUST)
 
8-B-13-SP    Request of MPC for Jack Walker for Northeast County Sector Plan amendment from NC (Neighborhood Commercial) to RC (Rural Commercial). Property located south side Tillett Lane, northeast of Corryton Road. COMMISSION DISTRICT 8. MPC ACTION: ADOPT RESOLUTION #8-B-13-SP AMENDING THE NORTHEAST COUNTY SECTOR PLAN TO RC (RURAL COMMERCIAL) AND RECOMMEND THE KNOX COUNTY COMMISSION APPROVE THE SECTOR PLAN AMENDMENT TO MAKE IT OPERATIVE.
 
8-E-13-RZ    Request of MPC for Jack Walker for rezoning from RB (General Residential) to CR (Rural Commercial). Property located south side Tillett Lane, northeast of Corryton Road.
COMMISSION DISTRICT 8. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE CR (RURAL COMMERCIAL). 
 
8-G-13-RZ    Request of Harley E. Bittle for rezoning from A (Agricultural) to PR (Planned Residential). Property located north side W. Gallaher Ferry Road, north of Hickory Creek Road. COMMISSION DISTRICT 6. MPC RECOMMENDATION: RECOMMEND THE KNOX COUNTY COMMISSION APPROVE PR (PLANNED RESIDENTIAL) AT A DENSITY UP TO 0.6 DWELLING UNITS PER ACRE SUBJECT TO ONE CONDITION. 
 
           
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B.      Zoning Appeals
 
C.       Amendments to the Knox County Zoning Ordinance 
 
O-13-8-103    Consideration of an Ordinance of the Commission of Knox County, Tennessee amending Article 5 of the Knox County Zoning Ordinance (Appendix A of the Knox County Code) to remove distance regulations for the sale of beer (Ord. No. O-90-9-130, adopted October 10, 1990, as amended).
(SECOND READING)
(Metropolitan Planning Commission)
Work Session Recommendation: Approve
11-0-0-0

 
D.      Other Business
 
E.      Adjournment