Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, April 15, 2008


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

The invocation was offered by Pastor Phil Barnes of Madison Church of Christ.

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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Langster (1).

The Minutes of the regular meeting of April 1, 2008, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The following proposed amendment to the Rules of Procedure of the Metropolitan Council was disseminated and will be considered at the next meeting.

Rule 32 - Amend by adding the following provision as a new paragraph at the end thereof:

“Before calling for the vote on a motion to table or motion for the previous question, the Vice Mayor shall verbally identify all Members of Council that had requested to speak prior to the making of previous question motion or tabling motion.”

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Ms. Karen Doty for a term expiring February 2, 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.

Reappointment of Mr. Robert McNeilly for a term expiring February 2, 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.

Reappointment of Ms. Candace Reynolds for a term expiring February 2, 2011. Without objection the confirmation was withdrawn at the request of the administration.

Airport Authority
Appointment of Mr. Bill Martin for a term expiring April 5, 2012. 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.

Reappointment of Dr. A. Dexter Samuels for a term expiring April 5, 2012. 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.

Charter Revision Commission
Appointment of Mr. Hal Hardin for a term expiring September 4, 2009. Mr. Hardin will fill the unexpired term of Ms. Nancy Vincent. 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.

Civil Service Commission
Reappointment of Mr. William H. Farmer for a term expiring March 31, 2013. 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.

Convention Center Commission
Appointment of Ms. Erika Wollum Nichols for a term expiring June 7, 2009. Ms. Nichols will fill the unexpired term of Mr. Kenneth Levitan. 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.

Emergency Communications District Board
Appointment of Mr. Larry Cole for a term expiring February 14, 2012. Mr. Cole will serve as the representative for School District 1. Without objection the nomination was deferred.

Appointment of Mr. Wayne Tucker for a term expiring February 14, 2012. Mr. Tucker will serve as the representative for School District 4. 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.

Equalization Board
Appointment of Ms. Jean Harrison for a term expiring April 1, 2010. 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.

Appointment of Mr. Melvin Lowe for a term expiring April 1, 2010. 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.
Appointment of Mr. Peter Westerholm for a term expiring April 1, 2010. At the request of the nominee the confirmation was deferred.

Planning Commission
Reappointment of Mr. George Derrick Dalton for a term expiring March 31, 2012. At the request of the nominee the confirmation was deferred.

Public Library Board
Appointment of Ms. Tam Gordon for a term expiring April 6, 2015. 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.

Traffic and Parking Commission
Appointment of Reverend Breonus Mitchells, Sr. for a term expiring April 3, 2013. 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.

Appointment of Mr. Gene Ward for a term expiring April 3, 2013. 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.

Vegetation Control Board
Reappointment of Mr. Dwight Beard for a term expiring March 1, 2012. At the request of the nominee the confirmation was deferred.

Appointment of Mr. Roy Black for a term expiring March 1, 2012. 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.

Appointment of Ms. Geraldine Searcy for a term expiring March 1, 2012. 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.

- BILL ON PUBLIC HEARING -

BILL NO. BL2008-154

An ordinance approving the Skyline Redevelopment Plan (2007Z-119U-05). The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees. Ms. Murray called for a public hearing on this 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. Ms. Murray moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2008-223

A resolution authorizing the execution and delivery of an Amended and Restated Intergovernmental Project Agreement with the Sports Authority of the Metropolitan Government of Nashville and Davidson County related to the Nashville Arena, and authorizing certain additional actions contemplated thereby. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Murray, Jameson, Cole, Bennett, Forkum, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (30); “Noes” Barry, Matthews, Craddock, Ryman, Gilmore, Baker, Dominy, Duvall (8); “Abstaining” Crafton (1).

RESOLUTION NO. RS2008-233

A resolution setting the date and time for the State of Metro Address. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-234

A proposed resolution to establish an alternative, lower fee for applications to request minor changes to an adopted overlay district or specific plan district that must be approved by the Metro Council (Proposal No. 2008Z-012T). The Budget and Finance and Planning, Zoning and Historical Committees recommended indefinite deferment. Mr. Gotto moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-235

A resolution accepting a grant from the Safety Net Consortium of Middle Tennessee, LLC to The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Health, to reduce socioeconomic and racial/ethnic disparities in Type 2 diabetes in adults. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-236

A resolution accepting a grant from the U.S. Department of Health and Human Services to the Metropolitan Department of Health to enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-237

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 a full-time Tennessee Adolescent Pregnancy Prevention Program Coordinator to concentrate on adolescent pregnancy prevention 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-238

A resolution approving an amendment to a grant from the State of Tennessee Department of Health to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, for programs to provide funding for project diabetes implementation activities 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-239

A resolution approving a grant from Meharry Medical College to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to create and sustain the Nashville Youth Violence Prevention Urban Partnership and Academic Center of Excellence (NUPACE) injury surveillance system. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-240

A resolution approving a contract with Stericycle, Inc. to provide medical waste collection services. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-241

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 provide administrative funds for the plumber and pipefitter apprenticeship program (7-09-PY6-6MN-STATE). 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-242

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 for programs to provide pre-apprenticeship skills leading to apprenticeships in plumbing, pipefitting, and welding (7-09-FY7-1AP-RSPNC). 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-243

A resolution accepting a grant from the Tennessee Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library for replacement of the public access computer reservation system server. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-244

A resolution approving an amendment to a grant from the State of Tennessee, Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, increasing the grant by an amount not to exceed $145,000.00 for the purpose of collecting and disposing of waste tires. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-245

A resolution accepting a grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, for intersection improvements to Jefferson Street from Rosa L. Parks Boulevard to Twenty-Eighth Avenue North. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-246

A resolution approving an interlocal agreement between the Metropolitan Government, the Electric Power Board of the Metropolitan Government, and the United States Marshals Service for access to 800-MHZ for emergency radio dispatching and response. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-247

A resolution authorizing the Metropolitan Department of Law to compromise and settle The Metropolitan Government of Nashville and Davidson County’s claims against Randall L. Fowler for $30,000.00 and directing that this amount be paid into the Benefit Board Pension Plan Fund. The Budget and Finance Committee recommended withdrawal of the resolution. Mr. Cole moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-248

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of The Metropolitan Government of Nashville and Davidson County against Long T. Hau. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-249

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of The Metropolitan Government of Nashville and Davidson County against Colin Jenkins. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-250

A resolution authorizing Trial Lawyers Institute, Inc., d/b/a Riverfront Tavern, to install, construct and maintain an aerial encroachment at 101 Church Street (Proposal No. 2008M-059U-9A). The bill 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

RESOLUTION NO. RS2008-251

A resolution authorizing Rick’s Ranchwear, Inc. d/b/a Nashville Cowboy to install, construct and maintain an aerial encroachment at 132 Second Avenue North (Proposal No. 2008M-023U-9). The bill 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-205

An ordinance amending Chapter 6.54 of Title 6 and Chapter 7.08 of Title 7 of the Metropolitan Code of Laws pertaining to sexually oriented businesses by adding new provisions applicable to beer cabarets. Mr. Maynard moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-206

An ordinance amending Section 3.08.010 of the Metropolitan Code of Laws to include certain officers employed by the Davidson County Sheriff’s Office in the pension plan for members with fire and police credited service. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance; Public Safety-Beer and Regulated Beverages; and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.

BILL NO. BL2008-207

An ordinance authorizing the Metropolitan Government to participate with Towering Oaks Developing Group, LLC., to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Towering Oaks Pumping Station. 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. BL2008-208

An ordinance authorizing the Metropolitan Government to participate with Old South Properties, Inc., to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Old Hickory Pumping Station. 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. BL2008-209

An ordinance authorizing the Metropolitan Government to participate with Beazer Homes, Villages of Riverwood, to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Villages of Riverwood. 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 and Public Works Committees by a voice vote of the Council.

BILL NO. BL2008-210

An ordinance abandoning an 8” sanitary sewer line and easement that will be converted to a Private Service Line in connection with Project 07-SL-0224, West Nashville Heights Church of Christ, shown on Map 102-11, Parcels 003, 004, and 005, 6833 Old Charlotte Pike and 825 Templeton Drive and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-003U-7). 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. BL2008-211

An ordinance authorizing the acquisition of property by negotiation and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 65 Harbor Cove Drive, 326 Dry Creek Road, 950 Forest Acres Court, 3821 Leona Pass, 3809 Leona Pass, 3829 Leona Pass, 508 Pauls Trail, 640 Gaylemore Drive, 3812 Leona Pass, 2554 Miami Avenue, 2514 Miami Avenue, 3817 Leona Pass, and 3808 Leona Pass. 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, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-212

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 140 3rd Avenue South, 5948, 5946, 5944, 5942, 5940, 5938, 5936, 5934, 5932, 5930, 5928, 5926, 5924, 5922, and 5920 Obrien Avenue, 2028 and 2022 West End Avenue, 3127 B. Parthenon Avenue, 8050 Highway 100, 4601 Ashland City Highway, 2141 Fairfax Avenue, 618 Thompson Lane, Valley View Road, 550 Great Circle Road, 2806 Dickerson Pike, 314 Natchez Court, 301 B. Madison Street, Cato Road, Murfreesboro Pike, 480 Hogan Road, 405 Northcrest Drive, 3851 Industrial Parkway, 1949 Old Hickory Boulevard, 4349 Shady Dale Road, 3901 Granny White Pike, 112 17th Avenue North, and Hayes 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.

- BILLS ON SECOND READING -

BILL NO. BL2008-176

An ordinance approving an increase in probation supervision fees. The bill was approved by the Budget and Finance Committee. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-177

An ordinance approving the acquisition of a right-of-way easement from Benson’s, Inc. (Proposal No. 2008M-025G-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Stanley 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. BL2007-89

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 CS to SP zoning properties located at 803 Elliston Street, Ninth Street (unnumbered), Hadley Avenue (unnumbered), Donelson Avenue (unnumbered), and Elliston Street (unnumbered), at the southeast corner of Donelson Avenue and Elliston Street (5.25 acres), to permit the development of a maximum of 91 multi-family units and a maximum of 45,000 square feet of non-residential uses, all of which is described herein (Proposal No. 2007SP-171G-14). Mr. Jernigan offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection

SUBSTITUTE BILL NO. BL2007-89

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 CS and OR20 to SP zoning properties located at 803 Elliston Street, Ninth Street (unnumbered), Hadley Avenue (unnumbered), Donelson Avenue (unnumbered), and Elliston Street (unnumbered), at the southeast corner of Donelson Avenue and Elliston Street (5.25 acres), to permit the development of a maximum of 91 multi-family units and a maximum of 45,000 square feet of non-residential uses, all of which is described herein (Proposal No. 2007SP-171G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jernigan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2008-128

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. 437 (Proposal Number 2007M-194U-10). The bill was disapproved by the Planning Commission and approved by the Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2008-170

An ordinance amending Section 15.68.020 of the Metropolitan Code to authorize the Metropolitan Fire Marshal to grant waivers from the mandatory installation of private fire hydrants. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2008-171

An ordinance accepting the donation of a horse by the name of “Superior Candidate” 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 Committee. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2008-172

An ordinance authorizing the Department of Water and Sewerage Services to use the Metropolitan Government contract with UtiliQuest to comply with Tennessee Code Annotated 65-31-101 et seq. and the attached analysis addresses the provisions of Metro Code of Laws §4.12.095. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-229

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose a two-term limit on members of the Metropolitan Board of Public Education. The resolution was disapproved by the Education and Rules-Confirmations-Public Elections Committees. Mr. Crafton moved to adopt the resolution, which motion was seconded and failed by the following vote: “Ayes” Tygard, Craddock, Murray, Bennett, Gotto, Burch, Stanley, Claiborne, Baker, Crafton, Evans, Foster, Dominy, Duvall (14); “Noes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Jameson, Cole, Forkum, Ryman, Jernigan, Page, Moore, Durbin, Gilmore, Holleman, McGuire, Adkins, Wilhoite, Hodge, Toler, Todd, Mitchell (24); “Abstaining” Coleman (1).

RESOLUTION NO. RS2008-252

A resolution requesting the Tennessee Department of Correction not to renew the contract with First Medical Management to provide medical care for inmates at state correctional facilities. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Dominy moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.