Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, December 18, 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 Gwendolyn Brown-Felder of Ernest Newman United Methodist 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: Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); Absent: Steine, Neighbors (2).

The Minutes of the regular meeting December 4, 2007, were approved.

President Pro Tempore Forkum presided in the absence of Vice Mayor Neighbors.

Mr. Ryman moved that at the adjournment of this meeting, the Council adjourn to Tuesday, January 8, 2008, at 6:00 pm. The motion was duly seconded and adopted by a voice vote of the Council.

The President Pro Tem announced that elections will be held at the next meeting for the offices of Public Administrator, Public Guardian, and Public Trustee for four-year terms, which appointments are made by the Metropolitan Council pursuant to state law. The following names have been submitted for nomination: Public Administrator – Peggy Mathes; Public Guardian - Jeanan Mills Stuart; Public Trustee - Thomas H. Ware.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The following proposed amendments to the Rules of Procedure of the Metropolitan Council were considered.

Rule 7 - Amending by deleting the existing provisions of the Rule and substituting in lieu thereof the following new provisions:

Each committee may formulate rules for its own operation, provided the rules formulated are not in conflict with
the existing Rules of Procedure of the Metropolitan Council. No committee may meet except at the time stated for
its meeting and noticed to the members of the committee.

The Rules-Confirmations-Public Elections Committee recommended disapproval of the amendment. Ms. Wilhoite moved to adopt the amendment, which motion was seconded. Mr. Ryman moved to table the motion to adopt, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Harrison, Hunt, Craddock, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Page, Durbin, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (27); “Noes” Maynard, Matthews, Murray, Jameson, Stanley, Claiborne, Gilmore, Langster, Wilhoite, Coleman (10); “Abstaining” Moore (1).

Rule 8 - Amending by deleting the phrase “may be deferred one meeting” and substituting in lieu thereof the phrase “shall be deferred one meeting”.

The Rules-Confirmations-Public Elections Committee recommended disapproval of the amendment. Ms. Wilhoite moved to defer the amendment indefinitely, which motion was seconded. Mr. Gotto moved to table the motion to defer indefinitely, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Craddock, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Page, Durbin, Crafton, Evans, Holleman, McGuire, Dominy, Hodge, Toler, Duvall, Todd (22); “Noes” Matthews, Murray, Jameson, Stanley, Claiborne, Gilmore, Langster, Foster, Wilhoite, Coleman (10); “Abstaining” Harrison, Hunt, Moore, Adkins, Mitchell (5).

Rule 11 - Amending by adding the following sentence at the end thereof:

The Vice Mayor shall read the caption of a late ordinance or resolution prior to entertaining a motion to suspend
the Rules for purposes of considering the late-filed legislation.

The Rules-Confirmations-Public Elections Committee recommended disapproval of the amendment. Ms. Wilhoite moved to adopt the amendment, which motion was seconded. Mr. Ryman moved to table the motion to adopt, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Craddock, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Page, Moore, Durbin, Baker, Crafton, Evans, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (25); “Noes” Maynard, Matthews, Murray, Jameson, Stanley, Claiborne, Gilmore, Holleman, Wilhoite, Coleman (10); “Abstaining” Harrison, Hunt, Langster (3).

Rule 37 - Amending by adding the following provision at the end of the third numbered paragraph:

The names of the five (5) or more members of Council requesting a roll call vote shall be spread in the Minutes
of the Council Meeting at which the request is made.

The Rules-Confirmations-Public Elections Committee recommended disapproval of the amendment. Ms. Wilhoite moved to adopt the amendment, which motion was seconded. Mr. Ryman moved to table the motion to adopt, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Hunt, Craddock, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Page, Durbin, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Hodge, Toler, Duvall, Todd (25); “Noes” Matthews, Murray, Jameson, Stanley, Claiborne, Gilmore, Langster, Foster, Wilhoite, Coleman, Mitchell (11); “Abstaining” Moore, Dominy (2).

Rule 51 - Amending by adding the following provision at the end thereof:

Should any member of Council object to the suspension of the rules, the Vice Mayor shall, upon request of the
member seeking a suspension of the rules, verbally identify the name(s) of the member(s) objecting.

The Rules-Confirmations-Public Elections Committee recommended disapproval of the amendment. Ms. Wilhoite moved to adopt the amendment, which motion was seconded. Mr. Ryman moved to table the motion to adopt, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Harrison, Hunt, Craddock, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Page, Moore, Durbin, Baker, Evans, Holleman, McGuire, Adkins, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (26); “Noes” Maynard, Matthews, Murray, Jameson, Stanley, Claiborne, Gilmore, Langster, Crafton, Foster, Wilhoite, Coleman (12).

- ELECTIONS AND CONFIRMATIONS -

Agricultural Extension Board
Appointment of Mr. George Huff for a term expiring August 1, 2010. Without objection, the nomination was withdrawn.

Community Access Television Corporation Board
Reappointment of Ms. Marcie Smeck for a term expiring October 10, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Corrections Advisory Board
Reappointment of Ms. Janet Page for a term expiring September 30, 2009. Ms. Page is the nominee of State Board of Probation and Paroles. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Educational Access Corporation
Appointment of Ms. Beth O’Shea for a term expiring February 5, 2009. Ms. O’Shea will complete the unexpired term of Ms. Beth Fortune. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Human Relations Commission
Appointment of Dr. Dan Cornfield for a term expiring April 18, 2009. Dr. Cornfield will complete the unexpired term of Ms. Jen-Jen Lin. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Sexually Oriented Business Licensing Board
Reappointment of Mr. Alan Johnson for a term expiring October 10, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Stormwater Management Committee
Reappointment of Mr. Tracey Kinslow for a term expiring October 31, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- 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 that the resolution be withdrawn. Mr. Stanley moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-64

A resolution authorizing Access Fiber Group, Inc. to install, construct and maintain fiber optic cable as an aerial encroachment along an existing pole line within Davidson County (Proposal No. 2007M-210). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-78

A resolution approving an Economic Impact Plan for the Bellevue Center Development Area. The Budget and Finance Committee recommended deferment. Mr. Crafton offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2007-78

A resolution approving an Economic Impact Plan for the Bellevue Center Development Area. The Budget and Finance Committee recommended deferment. Mr. Crafton moved to defer the substitute resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-91

A resolution accepting a donation of a monument to The Metropolitan Government of Nashville and Davidson County by the Old Hickory Chamber of Commerce. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Jernigan moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-92

A resolution appropriating the amount of $ 25,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Juvenile Court of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-93

A resolution appropriating the amount of $ 200,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the County Clerk of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-94

A resolution appropriating the amount of $ 750,000.00 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. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-95

A resolution appropriating the amount of $ 1,430,000.00 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. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-96

A resolution appropriating the amount of $ 55,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metropolitan Clerk of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-97

A resolution appropriating the amount of $ 40,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Finance of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-98

A resolution appropriating the amount of $ 1,250,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Public Library of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Parks, Library and Recreation Committees recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-99

A resolution appropriating the amount of $ 85,900.00 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. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-100

A resolution appropriating the amount of $ 61,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Health 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. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-101

A resolution appropriating the amount of $ 1,022,500.00 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. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-102

A resolution appropriating the amount of $ 65,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Law Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-103

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the provision of immunization 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, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-104

A resolution approving an Amendment to a contract by and between the Metropolitan Board of Health and STD Free, Inc., for the purchase of services to prevent the spread of sexually transmitted disease. 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, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-105

A resolution accepting a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Health to provide primary health care services to the homeless in Davidson County. 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, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-106

A resolution accepting a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, to teach inmates vocational skills. 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, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-107

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Mayor’s Office of Emergency Management, to complete a Multi-Hazard Mitigation Plan. 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, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-108

A resolution approving a Fast Track Infrastructure Development Program grant from the Tennessee Department of Economic and Community Development to The Metropolitan Government of Nashville and Davidson County, to provide research initiatives for Vanderbilt University, Division of Sponsored Research, in the lubrication of nano and micro machines for electrical systems. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-109

A resolution ratifying an agreement with the Treasury Department of the State of Tennessee, in order to deposit local funds for replacement of the Hillwood Boulevard Bridge over the CSX Railroad and Richland Creek LM 0.09 in Nashville and Davidson County, Contract No. 060076 and Project No. 107669.00 in the Local Government Investment Pool. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-110

A resolution accepting a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County for the bulletproof vest partnership. The resolution was approved by the Budget and Finance; Parks, Library and Recreation; 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, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-111

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, acting by and through the Metropolitan Nashville Career Advancement Center for programs and services to train participants in the Jobs In Health Care Program. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-112

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Election Commission, to purchase computer equipment to establish a statewide voter registration database. The resolution was approved by the Budget and Finance and Rules-Confirmations-Public Elections Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-113

A resolution authorizing Lester L. Turner, Jr. Trust to install, construct and maintain an aerial encroachment for the Liggett Building at 200 Second Avenue South (Proposal No. 2007M-213G-9). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-114

A resolution authorizing Avenue Bank, West End Branch to install, construct and maintain an aerial encroachment at 2930 West End Avenue and at the corner of 30th Avenue North (Proposal No. 2007M-236U-10). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-115

A resolution authorizing 1808 West End Owner, LLC to install, construct and maintain an aerial bridge encroachment over Alley No. 382 for 1808 West End Hotel (Proposal No. 2007M-212U-10). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2007-101

An ordinance amending Title 3 of the Metropolitan Code pertaining to medical care benefits for retired or disabled employees. 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. BL2007-102

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming the Luna Court between Cherokee Hills Drive and Gasser Drive as “Luna Circle” (Proposal No. 2007M-211U-13). 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. BL2007-103

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 Alley No. 1893 (Proposal No. 2007M-242U-11). 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.

BILL NO. BL2007-104

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 Alley No. 236 (Proposal Number 2007M-179U-10). The bill was disapproved by the Planning Commission and approved by the 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.

BILL NO. BL2007-105

An ordinance authorizing Olive Branch Baptist Church to install, construct and maintain a sign encroachment, consisting of warning traffic beacons in the right-of-way, at 5988 Cane Ridge Road (Proposal No. 2007M-239G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2007-106

An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 2E, Project No. 06-SL-70. 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.

BILL NO. BL2007-107

An ordinance authorizing the Metropolitan Government to participate with Turnberry Homes to provide public sewer service in Davidson and Williamson County to Catalina Phase 1, Project No. 07-SL-6. 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.

BILL NO. BL2007-108

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 1525 Natchez Trace, 200 West Maplewood Lane, 1700 18th Avenue South, 7689 Highway 70 South, Sidco Drive, 4044 Andrew Jackson Way, 1900 Eastland Avenue, 1136 Myatt Boulevard, 714 Stewarts Ferry Pike, 322 Hermitage Avenue, 2050 and 2054 Rosa L Parks Boulevard, Temple Road, Hurricane Creek Boulevard, 1501 Chadwell Drive, 1413, 1415, 1411 4th Avenue North, 4th Avenue North, and 501 Church Street. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2007-109

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20, permitted for 884 multifamily units and 116 single-family lots, to include additional conditions pertaining to the dedication of a school site and improvements within the Infrastructure Deficiency Area, all of which is more particularly described herein (Proposal No. 95P-025U-12). 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. BL2007-110

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 amending the SP district approved by Ordinance No. BL2006-1286 for property located at 6419 Pettus Road, at the end of Autumn Crossing Way, (28.99 acres), approved for 69 single-family lots and 64 multi-family units, to clarify the conditions pertaining to the required masonry component, all of which is described herein (Proposal No. 2006SP-112G-12). 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. BL2007-40

An ordinance amending Section 16.24.340 of the Metropolitan Code of Laws regarding the boarding of vacant property. The Codes, Fair and Farmers Market Committee recommended indefinite deferment. Ms. Wilhoite moved to defer the bill indefinitely while the language is refined, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-79

An ordinance amending Chapter 13.20 of the Metropolitan Code pertaining to the control of traffic in temporary work zones. The Public Works and Public Safety-Beer and Regulated Beverages Committees recommended indefinite deferment. Mr. Craddock moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-80

An ordinance authorizing the Metropolitan Government to participate with Wells Property to provide public sewer service in Williamson County to Wells Property, Project No. 07-SL-187. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-81

An ordinance authorizing the Metropolitan Government to participate with Cates-Kottas Development, to provide public sewer service in Williamson County to Benington Subdivision, Section 4, Project No. 06-SL-183. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-82

An ordinance accepting a donation of equipment to The Metropolitan Government of Nashville and Davidson County by Vanderbilt University for the use and benefit of the Metropolitan Nashville Police Department. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-83

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 0 and 13105 Old Hickory Boulevard, 2708 Wortham Avenue, 218 Crestview Drive, 112 Harding Place, 100 White Bridge Pike, 0 and 7107 Carothers Road, 1100 Russell Street, 5725, 5729, 5733, 5737, 5741, 5745, 5749, 5753, 5757, 5761, 5765, 5769, 5773, 0 Maudina Avenue, 4900 Centennial Boulevard, 8672 Burkitt Place Drive, 2827 Murfreesboro Pike, 468 Ponder Place, 870 Murfreesboro Pike, 8100 Highway 100, 1000 Church Street, and 0 McCrory Lane. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Evans 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 -

BILL NO. BL2007-27

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 a portion of property from AR2a to IWD at 12848 Old Hickory Boulevard, approximately 1,790 feet south of Old Franklin Road, (.22 acres), all of which is described herein (Proposal No. 2007Z-161G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Documents were filed for the record. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-67

An ordinance authorizing the Metropolitan Government to participate with BK Partners to provide public sewer service in Davidson County to Pennington Towers Outfall-Holiday Travel Park Sewage Pumping Station Removal, Project No. 07-SL-113. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-68

An ordinance authorizing the Metropolitan Government to participate with Texaco Fueling Station/Market, to provide public sewer service in Williamson County to Haley Industrial Park, Project No. 05-SL-63. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-69

An ordinance authorizing the acquisition of easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 94-SC-5P-1, Boscobel CSO, Overflow Abatement Program, and authorizing the abandonment of a 12” sanitary sewer pipe and easement that will be replaced by a 24” sanitary sewer pipe and easement located at 2009 Sevier Street and 0 Davidson Street (Proposal No. 2007M-075U-5). The bill was approved by Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-70

An ordinance authorizing the acquisition of property by negotiation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 06-WL-0080, YMCA/Army Corps Of Engineers Smith Springs, 3677 Burwick Place, and Army Corps of Engineers Parcel Number 90000002105 (Proposal No. 2007M-001U-13). The bill was approved by Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Duvall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-71

An ordinance approving the disposition of a certain parcel of surplus property located at 217 South 10th Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-193U-5). The bill was approved by Planning Commission, Budget and Finance; Health, Hospitals and Social Services; and Planning, Zoning and Historical Committees. Mr. Jameson moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2007-72

An ordinance approving the disposition of a certain parcel of surplus property located at 401 Center Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-214G-14 ). The bill was approved by Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-73

An ordinance abandoning easement rights that were retained, that is shown on an unnumbered Alley located between Thompson Lane and Collier Drive and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-191U-11). The bill was approved by Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-74

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 218 36th Avenue North, 7109 Centennial Boulevard, 1711 8th Avenue North, 5319 Mt. View Road, 541 and 551 Stewarts Ferry Pike, 1910 Charlotte Avenue, 2905 Parthenon Avenue, 949 T S Jackson Avenue, 3700 Batavia Street, 3074 Sidco Drive, 118 Acklen Park Drive, 4815 Lebanon Pike, 109 South 11th Street, 3810 Central Pike, 1421 Gould Boulevard, 5843 Nolensville Pike, Ann Street, 0 Big East Fork Road, 7236 Centennial Boulevard, 3431 Percy Priest Drive, 243 Venture Circle, 201 Great Circle Road, 2901 Dickerson Pike, 1518 4th Avenue South, 3721 Murfreesboro Pike, and 3400 Briley Park Boulevard North. The bill was approved by Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-75

An ordinance authorizing the acceptance of a certain easement described in the plans for Anna L. Reeves Stormwater Project. No. 04-D-00739, Glenrose Avenue, 94, 102 B, 102, 104, 106, 108, 112, 212, 214, 216, 218, 220, 222, 224, 228, 232, and 0 Glenrose Avenue and 0 Foster Avenue (Proposal No. 2007M-103U-11). The bill was approved by Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Page moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-76

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 and easement for a portion of Battery Place (Proposal No. 2007M-161U-10). The bill was approved by Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Durbin moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2007-77

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-209). The bill was approved by Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2007-116

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow the Davidson County Register of Deeds to collect an additional recording fee to be earmarked for affordable housing initiatives. The resolution was approved by the Budget and Finance Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned to January 8, 2008 at 6:00 pm.