Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, October 16, 2007


The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Reverend Fred Cloud.

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: Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (37); Absent: Barry, Matthews, Murray, Evans (4).

The Minutes of the regular meeting October 2, 2007, were approved.

Mr. Ryman reported that the Rules-Confirmation-Public Elections Committee recommends the approval of the proposed Rules of Procedure of the Metropolitan Council as distributed, which rules will be considered at the next regular meeting of the Council.

- ELECTIONS AND CONFIRMATIONS -

Industrial Development Board

The President called for nominations for fill three (3) vacancies on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. Mr. Garrett nominated Mrs. Grace Fairbanks; Mr. Ryman nominated Mr. Aubrey Gregory; Ms. Gilmore nominated Mr. Adrian Jones; Mr. McGuire nominated Mr. Hal Rosson, Jr.; Mr. Crafton nominated Mr. D.E. Ryan; Mr. Coleman nominated Mr. Frank Stevenson. There being no further nominations, the nominations were closed. The nominees were referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.

- BILL ON PUBLIC HEARING -

SUBSTITUTE BILL NO. BL2007-1

An ordinance amending Ordinance No. BL2007-1312, as amended, regarding the date of the special assessment to be levied on real property within the area of the Downtown Central Business Improvement District. The bill was approved by the Budget and Finance Committee. Mr. Jameson requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Jameson offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2007-2

A resolution establishing a task force to assess and recommend improvements to the public safety infrastructure for the Metropolitan Government. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Stanley moved to defer the resolution to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-25

A resolution appropriating $150,000 in Community Development Block Grant Funds for neighborhood signage in the South Inglewood Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-26

A resolution accepting an Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance; Education; Parks, Library, Recreation and Public Entertainment Facility; and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-27

A resolution approving a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County for a gang resistance education and training program. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-28

A resolution approving an amendment to a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County to sustain key homeland security programs. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-29

A resolution approving an application for a grant from the U. S. Department of Homeland Security to the Metropolitan Government of Nashville and Davidson County to provide financial assistance to fund new firefighter positions and staffing. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-30

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County by and through the Metropolitan Parks Department to supplement the Big Band Dances Program. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Public Entertainment Facility Committees. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-31

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County to establish programs and deliver services to train twenty individuals for the LPN Program at Tennessee Technology Center – Murfreesboro and clinical training at National Healthcare Corporation (07-09-PY6-5SS-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Hunt moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-32

A resolution approving a contract agreement by and between The Metropolitan Government of Nashville and Davidson County by and through the Metropolitan Board of Health and Catholic Charities of Tennessee, Inc., to provide care coordination for the Bridges to Care Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-33

A resolution approving a contract agreement by and between Rudra Prakash, M.D. and The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Health to provide psychiatric medical services to clients of the Downtown Clinic. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-34

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for adult homemaker services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-35

A resolution appropriating $4,250 from the State of Tennessee, State Board of Equalization, to the Davidson County Property Assessor’s Office for a salary supplement for deputy assessors who successfully complete designated courses of study. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-36

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Leeann Cosby against The Metropolitan Government of Nashville and Davidson County for $38,000.00. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2007-37

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of J. Scott Turbeville and Alesya M. Turbeville against The Metropolitan Government of Nashville and Davidson County for $31,000.00. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2007-38

An ordinance repealing Ordinance No. BL2007-1451, as amended. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2007-39

An ordinance amending Section 5.04.075 of the Metropolitan Code to exempt nonprofit organizations receiving grant funds through the Metropolitan Nashville Arts Commission from the additional reporting requirements regarding the use of funds. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2007-40

An ordinance amending Section 16.24.340 of the Metropolitan Code of Laws regarding the boarding of vacant property. 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.

BILL NO. BL2007-41

An ordinance approving a lease agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center and Legends Properties, LLC for the lease of office space for the Wilson County NCAC Program (Proposal No. 2007M-148). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.

BILL NO. BL2007-42

An ordinance approving and authorizing the Director of Public Property, or his designee, to accept the donation of real property (known as Map 47, Parcel 115 and a portion of Parcel 113) from Mary Lee Proctor O’Neil and Catherine Proctor Grose, for use as part of the parks system (Proposal No. 2007M-192G-3). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Parks, Library, Recreation and Public Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2007-43

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Heartdale Place as “Barbara Lynn Way”, and by renaming Trailway Drive as “Lauren Evelyn Way” (Proposal No. 2007M-173G-2). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2007-44

An ordinance amending Chapter 17.04, 17.08, 17.12, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, to delete "mobile vendor" as a use, to add a new definition of “outdoor vendor”, to designate outdoor vendor as a use, and to add certain conditions applicable to outdoor vendors, all of which is more specifically described herein (Proposal No. 2007Z-176T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2007-45

An ordinance amending Section 17.40.410 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow the Historic Zoning Commission to determine the maximum building size and the building area within which a building can be located, including setbacks and height, for properties within historic overlay districts, all of which is more specifically described herein (Proposal No. 2007Z-113T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2007-4

An ordinance amending Chapter 6.80 of the Metropolitan Code pertaining to the “booting” of vehicles within the area of the Metropolitan Government. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Page moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-5

An ordinance authorizing Tennessee Independent Telecommunications Group, LLC d/b/a Iris Networks, to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2007M-154). 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 with Ms. Wilhoite “Abstaining.”

BILL NO. BL2007-6

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Lakeland Court (Proposal No. 2007M-126U-14). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-7

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning Alley Number 222 right-of-way (Proposal No. 2007M-162U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Ms. Gilmore moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-8

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 Alley Number 1219 right-of-way from Georgia Avenue to Delaware Avenue (Proposal Number 2005M-185U-07). The bill was approved by the Planning Commission, Traffic and Parking Commission and Traffic and Parking Committee; the Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Baker moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2007-2

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 for Ridgefield Court (Proposal Number 2006M-089U-10). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2007-3

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before March 20, 2007. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2007-38

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to consider tying driving privileges for persons under twenty-one years to progress toward high school graduation. The Education and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.