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Minutes
Metropolitan
Council Meeting
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Minutes
Metropolitan
Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Reverend Enoch Fuzz of Corinthian Baptist Church.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard and President Gentry (35); Absent: Neighbors, Isabel, Murray, White, Walls, Alexander (6).
The Minutes of the regular meeting of February 6, 2007, were approved.
- MAYOR'S MESSAGE -
February 12, 2007
Vice-Mayor
Howard Gentry
Members of the Metropolitan Council
Metropolitan Courthouse
Nashville, TN 37201
RE: Veto of Substitute Ordinance BL2006-1185
Dear Vice-Mayor Gentry and Members of the Council:
Pursuant to section 5.04 of the Metropolitan charter, I am hereby returning to you Substitute Ordinance BL2006-1185 with my disapproval and marked "Veto."
Veto
Message
On Substitute Ordinance No. BL2006-1185
English is our language. It is the language we use to conduct the city's business. In order to get ahead in Nashville a person needs to be able to speak English.
This has been the case for more than 200 years. It is not going to change.
We don't need a law to tell us what language we are already speaking.
We don't need a law that will make it harder for a police officer to do his job, for a school teacher to each or for a doctor to help a patient.
The Legal Department is clear in its opinion that advised me that this ordinance is unconstitutional. The ordinance states that "all communications . . . shall be in English." The exceptions are so broad that there is no way to know what is and is not allowed. If this law takes effect, this city will be engaged in years of lawsuits testing the effect and constitutionality of the ordinance. That means hundreds of thousands of dollars in legal fees whether we win or lose, for no good reason.
This ordinance does not reflect who we are. Last year, the Celebration of Cultures at Centennial Park attracted 15,000 visitors to celebrate the diversity of the many communities and ethnicities in our city. Last year we welcomed the leadership of Nissan Motor Manufacturing. This year we are planning to welcome a new Japanese Consulate to our city. In April I will lead a delegation of Nashville business leaders to China, which is now the fastest growing economy in the world.
The great overarching truth in our success in this still new century is that we are a welcoming, inclusive, and friendly people and place.
If this ordinance becomes law, Nashville will be a less safe, less friendly, and less successful city. As mayor, I cannot allow that to happen. Therefore I am vetoing Ordinance 1185 and returning it to the Metro Council. My hope is that we can now turn our full attention once again to education and public safety and quality of life which are the real work of a city and should be the work of its leaders now and forever.
Sincerely,
/s/Bill
Purcell
Mayor
Metropolitan Government of Nashville/Davidson County
Mr. Cole moved to override the mayor's veto, which motion was seconded and failed by the following vote: "Ayes" Tucker, Craddock, Hart, Gotto, Loring, Wallace, Whitmore, Crafton, Wilhoite, Coleman, Duvall, Tygard (12); "Noes" Dozier, Briley, Dread, Jameson, Cole, Forkum, Burch, Page, Greer, Hausser, Shulman, Hodge, Toler, Williams (14); "Abstaining" Hunt, Ryman, Brown, Foster (4).
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The following proposed amendments to the Rules of Procedure of the Metropolitan Council were distributed and will be considered at the next regular meeting of Council:
Rule 8 is hereby amended by adding the following new paragraph:
"When a Member of Council has requested the Council Office or the Planning Commission staff to prepare a resolution or ordinance on a specific subject matter, no other Member of Council may sign the resolution or ordinance without the written consent of the primary sponsor. The foregoing provisions shall not prevent another Member of Council from filing similar legislation."
Rule 14 is hereby amended by adding the following sentence at the end of the first paragraph:
"No motion to amend the capital improvements budget for the ensuing fiscal year shall be entertained by the Council unless such amendment has been submitted to the Budget and Finance Committee for a recommendation."
Rule 31 is hereby amended by adding the following provision at the end of the second paragraph:
"The foregoing provision shall not prohibit a Member of Council from first making a parliamentary inquiry prior to making a motion to table or a motion for the previous question."
- ELECTIONS AND CONFIRMATIONS -
Arts
Commission
Reappointment of Ms. Colleen E. Dowd for a term expiring January 1, 2011. Without
objection, the nomination was deferred to March 6, 2007.
Appointment of Ms. Ivanetta Davis Samuels for a term expiring January 1, 2011. Ms. Samuels will fill the unexpired term of Mr. Michael McBride. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Hodge moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Community
Access Television Special Committee
Reappointment of Mr. Tim Garrett for a term expiring March 1, 2010. Without
objection, the nomination was deferred to March 6, 2007.
Reappointment of Mr. Inman Otey for a term expiring March 1, 2010. Without objection, the nomination was deferred to March 6, 2007.
Electrical
Examiners and Appeals Board
Reappointment of Mr. James W. Hagey for a term expiring February 15, 2011. The
Rules-Confirmations-Public Elections Committee recommended the reappointment
and Mr. Hodge moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
Reappointment of Mr. Raymond Vandiver for a term expiring February 15, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Hodge moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Farmers
Market Board
Reappointment of Ms. Louise McClellan for a term expiring December 5, 2011.
The Rules-Confirmations-Public Elections Committee recommended the reappointment
and Mr. Hodge moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
Fire
and Building Code Appeals Board
Appointment of Mr. James Armstrong for a term expiring March 1, 2008. Mr. Armstrong
will fill the unexpired term of Mr. William Dudley. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Hodge moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Gas/Mechanical
Examiners and Appeals Board
Appointment of Mr. Kenny B. Watson for a term expiring August 21, 2010. The
Rules-Confirmations-Public Elections Committee recommended the appointment and
Mr. Hodge moved for confirmation, which motion was seconded and adopted by a
unanimous vote of the Council.
Traffic
and Parking Commission
Appointment of Mr. Glen Wanner for a term expiring April 3, 2008. Mr. Wanner
will fill the unexpired term of Mr. Michael Mitchell. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Hodge moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Transportation
Licensing Commission
Reappointment of Ms. Holly Sharp for a term expiring October 10, 2008. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Hodge moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Vegetation
Control Board
Reappointment of Mr. George H. Cate, Jr. for a term expiring March 1, 2011.
Without objection, the nomination was deferred to March 6, 2007.
Reappointment of Mr. Hollis Malone for a term expiring March 1, 2011. Without objection, the nomination was deferred to March 6, 2007.
- BILL ON PUBLIC HEARING -
An ordinance amending Title 2 of the Metropolitan Code of Laws authorizing the creation of a Downtown Central Business Improvement District and appointing a corporation to act as an advisory board to the district with the necessary powers and authority to carry out the purposes and intent of the district. The bill was approved by the Budget and Finance Committee. Mr. Jameson requested a hearing from the public on the bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
- RESOLUTIONS -
A resolution approving a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County for homemaker and nutrition services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution approving an application for a grant from the National Center for Civic Innovation to the Metropolitan Government. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County for the purchase of bullet-proof vests. The resolution was approved by the Budget and Finance; Parks, Library, Recreation and Public Entertainment Facility; and Public Safety-Beer and Regulated Beverages Committees. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution approving an agreement between the United States Bureau of Immigration and Customs Enforcement and The Metropolitan Government of Nashville and Davidson County authorizing the training and use of Davidson County Sheriff's Office personnel to identify and process immigration offenders in DCSO jail and correctional facilities. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution approving an application for a grant from the National Institute of Corrections to The Metropolitan Government of Nashville and Davidson County, by and through the Davidson County Sheriff's Office, to fund the transition from jail to the community national model strategic process. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for the provision of public assistance for severe storms and tornadoes in April 2006. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County for air pollution control. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County to establish and participate in a marketing campaign focused on dislocated workers (06-09-FY6-1DW-RSPNC). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults for re-entry into the labor force and training for those facing serious barriers to employment (07-09-FY7-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (07-09-FY7-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for the Cumberland River Greenway Downtown to Metro Center project. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Public Entertainment Facility Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution appropriating the amount of $188,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metro Action Commission of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $500,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Fire Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $18,754,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Services Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $ 1,500,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Information Technology Services Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $751,400.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Police Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $1,771,300.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Public Library of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Parks, Library, Recreation and Public Entertainment Facility Committee; the Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating $4,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Nashville Film Festival to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution appropriating $5,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to the Salvation Army to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution appropriating $6,240 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Nashville Child Advocacy Center, Inc. to provide partial funding for its program services. Mr. Tygard moved to withdraw the resolution so that a revised resolution can be filed, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating $8,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Nashville Academy Theatre and Nashville Children's Theatre Association to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution appropriating $10,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Friends of Radnor Lake to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Ms. Williams moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (32); "Noes" (0); "Abstaining" Tygard (1).
A resolution appropriating $30,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Oasis Center, Inc. to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution appropriating $41,750 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Nashville Alliance For Public Education, Inc. to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to accept $20,625.19 in compromise and settlement of the Metropolitan Government of Nashville and Davidson County's subrogation claim against Sean Hayes for lost wages and medical bills. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A
resolution authorizing the Metropolitan Department of Law to compromise and
settle the claim of The Metropolitan Government of Nashville and Davidson County
against Samir Patel and Govindbhai Patel in the amount of $10,593.00. The resolution
was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the
resolution, which motion was seconded and adopted by the following vote: "Ayes"
Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart,
Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore,
Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall,
Williams, Tygard (33); "Noes" (0).
Mr. Crafton requested a suspension of the rules for consideration of a late
resolution and no objection was made.
A resolution repealing Resolution No. RS2006-1686, and appropriating $10,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Bellevue Exchange Club Foundation, Inc. to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (32); "Noes" (0); "Abstaining" Tygard (1).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Title 13 of the Metropolitan Code to create a new Chapter 13.18 pertaining to the regulation of newsracks within the public right-of-way. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance amending Title 16 of the Metropolitan Code of Laws to adopt the 2006 International Residential Code for One and Two-Family Dwellings. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance amending Title 16 of the Metropolitan Code regarding sustainable building design standards for new and renovated Metropolitan Government buildings and facilities. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 6912, with the State of Tennessee, Department of Transportation, Project No. 19009-2178-44, to relocate certain facilities, located on the public highway right-of-way , I-65, from Wedgewood Avenue to near Craighead Avenue (Area 120-TYPE II Noise Walls), located in Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Centex Homes to provide public sewer service in Davidson County to Villas of Concord Place, Phase 6, Project No. 05-SL-47F. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan government of Nashville and Davidson County (Proposal No. 2006M-223). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance accepting a contribution to the Metropolitan Government from H.G. Hill Realty, LLC in the amount of $83,601 for milling and resurfacing Hillsboro Circle from Abbott Martin Road to Hobbs Road. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance accepting a contribution to the Metropolitan Government from BMT Associates, LLC in the amount of $40,000 for a traffic signal at 4317 Harding Pike for the Belle Meade Town Center. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Traffic and Parking Committees by a voice vote of the Council.
An ordinance authorizing SBER Development Holdings LLC to install, construct and maintain a stair tower encroachment to connect to Shelby Street Pedestrian Bridge with ground between First Avenue South and the Rail Platform (Proposal No. 2007M-016U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way of Alley No. 918 from 21st Avenue South to Alley No. 922 and also abandoning Alley No. 922 from Magnolia Boulevard to Alley No. 918 (Proposal No. 2006M-183U-10). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Section 13.32.120 of the Metropolitan Code of Laws to prohibit chain link fences along arterial and collector streets. The bill was approved by the Public Works Committee. Mr. Wallace moved to defer the bill on second reading so that supplemental information can be reviewed, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 16.12.130 of the Metropolitan Code of Laws to allow the installation of plumbing fixtures designed to reduce or eliminate water consumption. The Codes, Fair and Farmers Market and Public Works Committees recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Ordinance No. BL2006-1093 by reinstating the waiver of fees for processing credit or debit card payments when collecting real property taxes paid by property owners 62 years of age or older. The Budget and Finance Committee approved an amendment and recommended deferment. Ms. Gilmore offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to defer the bill as amended to the first meeting in April, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 8.08 of the Metropolitan Code of Laws regarding the penalties for keeping or harboring a vicious dog within the area of the Metropolitan Government. The bill was approved by the Health, Hospitals and Social Services Committee. Mr. Hart offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hart moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 5.04 of the Metropolitan Code of Laws to require the Mayor to notify the Council upon making any multi-year agreements or commitments for funding to nonprofit organizations. The Budget and Finance Committee recommended indefinite deferment. Mr. Summers moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending the Metropolitan Code of Laws relative to Audits. The bill was approved by the Budget and Finance Committee. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 15.12 of the Metropolitan Code of Laws to require that all Williamson County property owners desiring to connect to the Mill Creek Trunk Sewer or the Owl Creek Trunk Sewer pay a basin charge of $2,000 per connection. The Budget and Finance and Public Works Committees recommended indefinite deferment. Mr. Toler moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2006M-214U-11). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a lease of space by and between the Metropolitan Board of Fair Commissioners and Lamar TN, LLC, for the purpose of outdoor billboard advertising (Proposal No. 2006M-052U-11). The bill was approved by the Planning Commission, Budget and Finance, Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Hickory Hills Court right-of-way all of which is more particularly described herein (Proposal Number 2006M-069G-02). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 66" storm sewer line and easement that will be replaced by a 72" storm sewer line, that is shown on Map 106-16, Parcels 46.01 and 46.02, Project 06-D-00466, Walgreens at Murfreesboro Road and Thompson Lane, 1081 and 1083 Murfreesboro Pike, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-138U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Brown moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 10" sanitary sewer line and easement that will be converted to a private sanitary sewer that is shown on Map 118-11, Parcel 169.00, Project 06-SG-0140, Hillwood Bottling LLC. 715 Thompson Lane, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-190U-11). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by an 8" sanitary sewer line, and the removal of 51' of water main/fire service and 234' of fire hydrant lead and fire hydrant # 12788 that is shown on Map 161, Parcel 082.00, Project 06-SL-111 and 84-WL-118, Lowe's of Nashville, Nolensville Pike at Old Hickory Boulevard and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-208U-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by an 8" sanitary sewer line, that is shown on Map 091-12, Parcels 125, 126, 127, 128, 130, 131, and 134, Project 06-SL-0065, C & S Harley Davidson Expansion, 4600 Delaware Avenue, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-172U-07). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Brown moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 10' Public Utility Easement, that is shown on Map 094-16, Parcels 11, 12, 13, 14, 15, 16, and 17, Project 06-WG-0091, Spence Circle Abandonment, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-139U-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 20' Public Utility Easement, that is shown on Map 118-07, Parcels 204, 205, and 206, Project 06-SG-0155, 510 E. Iris Drive, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-198G-11). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning easement rights that were retained in Alley No. 1706 that was closed by Ordinance No. 95-078, that is shown on Map 117-02, Parcels 141 and 142 located at 2307 Oxford Road and 2712 Wortham Avenue, Project No. 06-SG-0056, Oxford Road/Wortham Avenue Easement Abandonment and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-072U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Brown moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 05-WG-0030, Carol J. Scott (Proposal No. 2006M-173G-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at Tulip Grove Road, 211 Athens Way, 600 47th Avenue North, 1749 Glen Echo Road, 750 Wedgewood Park Avenue, 2624 Gallatin Pike, 910 17th Avenue North # 201, 314 Gallatin Pike, 103, 107, and 101 Charles E Davis Boulevard, 224 Stewarts Ferry Pike, 20 Culvert Street, 3474 Dickerson Pike, 304 4th Avenue South, 315 Old Lebanon Dirt Road, 2911 Elm Hill Pike, 3815 Logistics Way, 3786 Central Pike, and Route 1 Central Pike. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Brown moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
Without objection Bill Nos. BL2006-1167 and BL2006-1168 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 and R10 to RM6 zoning property located at 1019 Highland Circle and 1122 Apple Valley Circle, approximately 750 feet west of Hamblen Drive (5.62 acres), all of which is described herein (Proposal No. 2006Z-107G-04). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development district located at 1019 Highland Circle and 1122 Apple Valley Road, to permit the development of 31 multi-family units, all of which is described herein (Proposal No. 2006P-009G-04). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment.
Mr. Ryman moved to defer the bills on third reading, the bills being requested by Lee Wall and Dale and Associates, respectively, which motion was seconded and adopted by a voice vote of the Council
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of a Planned Unit Development district located at 2788 Murfreesboro Pike, along the north side of Murfreesboro Pike, originally approved by Metro Council for 264 multi-family units and currently approved for 240 units, all of which is described herein (Proposal No. 24-85-P-13). The bill was disapproved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. Wilhoite moved to moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing a property tax exemption for nonprofit community and performing arts organizations in accordance with Tennessee Code Annotated § 67-5-223. The bill was approved by the Budget and Finance Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
An ordinance abandoning a 10" sanitary sewer line and easement that will be replaced by an 8" sanitary sewer line, that is shown on Map 104-10, Parcel 108.00, Project 06-SL-0063, The Chesterfield, 511 Chesterfield Avenue, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-158U-10).The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
- MEMORIALIZING RESOLUTIONS -
A resolution requesting the Davidson County Election Commission to make the voting machines no longer being used for Election Commission purposes available to schools to use as a tool in civics instruction. Mr. Dozier moved to withdraw the resolution so that revised legislation can be drafted, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to enable the Metropolitan Council to develop and implement a public campaign financing plan. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Summers moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2007-1750
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to take the action necessary to rename Dickerson Pike as "Skyline Boulevard." Ms. Tucker offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2007-1750
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to take the action necessary to rename Dickerson Pike between Spring Street and East Trinity Lane as "Skyline Boulevard". The resolution was approved by the Traffic and Parking Committee. Ms. Tucker moved to defer the resolution in the absence of the sponsor, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Board of Public Education to provide information to the Council detailing the compensation and benefits package for the Director of Schools. The Education Committee recommended indefinite deferment. Mr. Summers moved to defer the resolution indefinitely while this issue is reviewed, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2007-1757
A resolution requesting that the Metropolitan Department of Social Services create a program that provides for immediate assistance to people in need. Mr. Shulman offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2007-1757
A resolution requesting the Metropolitan Department of Social Services and the Metropolitan Action Commission to create a program that provides for immediate assistance to people in need. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
A resolution requesting the Department of Public Works to provide a report to the Metropolitan Council regarding the feasibility of expanding the curbside recycling program to the General Services District. The Public Works Committee recommended deferment. Mr. Briley moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A
resolution requesting the Nashville Civic Design Center to facilitate a series
of community discussions regarding the implementation of sustainable building
practices in Nashville and Davidson County. The resolution was approved by the
Budget and Finance and Planning, Zoning and Historical Committees; the Codes,
Fair and Farmers Market Committee recommended deferment. Mr. Cole moved to suspend
the rules for consideration of the resolution at this time; Mr. Gotto objected
and the rules were not suspended. Mr. Cole moved to defer the resolution, which
motion was seconded and adopted by a voice vote of the Council.
A resolution requesting Mayor Bill Purcell and the Metropolitan Nashville Police Department to consider the creation and implementation of an "easy to remember" telephone number for police assistance on less urgent matters to take the place of 862-8600. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee with an amendment. Ms. Gilmore offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (32); "Noes" (0).
A resolution requesting the Mayor's Office, the Finance Department, the Department of Human Resources and the Department of General Services to examine the feasibility of and take the action necessary to participate in the EZ Ride program sponsored by the Metropolitan Transit Authority. The resolution was approved by the Budget and Finance, Personnel-Public Information-Human Relations-Housing and Transportation and Aviation Committees. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (32); "Noes" (0).
A resolution supporting Governor Phil Bredesen's proposals to increase the cigarette tax in Tennessee, and encouraging Governor Bredesen and the Tennessee General Assembly to increase the gasoline tax to provide funding for local governments. The resolution was approved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and failed by the following vote: "Ayes" Cole, Greer, Wallace (3); "Noes" Dozier, Briley, Dread, Craddock, Jameson, Forkum, Ryman, Gotto, Loring, Hausser, Whitmore, Crafton, Evans, Foster, Hodge, Toler, Duvall, Tygard (18); "Abstaining" Tucker, Gilmore, Hunt, Page, Summers, Shulman, Adkins, Coleman, Williams (9).
A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, and the Tennessee Department of Transportation to take the action necessary to rename State Route 840 in honor of Wilma Rudolph. The Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
Ms. Tucker requested a suspension of the rules for consideration of a late resolution and no objection was made.
A resolution recognizing NEA's Read Across America Celebration. The resolution was approved by the Education Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Loring, Page, Greer, Hausser, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (32); "Noes" (0).
Upon
motion duly seconded, the meeting was adjourned to March 5, 2007, at 6:00 p.m.