Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, October 21, 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 Father Philip Breen of St. Ann’s Catholic 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, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 and President Neighbors (39); Absent: Matthews, Jameson (2).

The Minutes of the regular meeting of October 7, 2008, were approved.

Mr. Harrison moved that at the time of adjournment the Council adjourn to Thursday, November 6, 2008, at 6:00 pm, for consideration of bills on public hearing and other items deemed appropriate for that agenda, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Health and Educational Facilities Board
The President called for an election to fill two six-year terms on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. The nominations previously made were: Mr. Richard L. Brown and Dr. Elisha R. Richardson. Mr. Harrison reported that the Rules-Confirmations-Public Elections Committee interviewed the two candidates and found both candidates qualified to serve.

Mr. Todd moved that Mr. Brown and Dr. Richardson be elected, which motion was seconded and adopted by a unanimous vote of the Council. The President declared that Mr. Brown and Dr. Richardson were elected to six-year terms expiring September 30, 2014 on the Health and Educational Facilities Board of the Metropolitan Government.

Action Commission
Appointment of Ms. Tomasa Bean for a term expiring February 2, 2010. At the request of the nominee, the confirmation was deferred.

Educational Access Corporation
Appointment of Mr. T. C. Weber for a term expiring February 5, 2009. Mr. Weber will fill the unexpired term of Ms. Beth O’Shea. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Gas/Mechanical Examiners and Appeals Board
Reappointment of Mr. Randy Chase for a term expiring August 21, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Cal Nielson for a term expiring August 21, 2012. Mr. Nielson will represent the mechanical contractor industry. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Property Standards and Appeals Board
Reappointment of Mr. Mark Sanders for a term expiring August 21, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Carnell Scruggs for a term expiring July 29, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2008-490

A resolution establishing a privilege tax on litigation to be used for courthouse security purposes. The resolution was approved by the Budget and Finance Committee with an amendment. Mr. Forkum offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Forkum moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-491

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission, for general operating support of the Arts Commission. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-492

A resolution accepting a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for the provision of Juvenile Accountability Incentive Block Grant Program Services to enhance court staffing and pretrial services. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-493

A resolution approving the Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. The resolution was approved by the Budget and Finance, Education; Parks, Library and Recreation and Public Safety-Beer and Regulated Beverages Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-494

A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, for the construction of additional correctional capacity at the Metropolitan Detention Facility. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committee with an amendment. Ms. Bennett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Bennett moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-495

A resolution approving an Intergovernmental Agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, and Robertson County, Tennessee, to allow the Sheriff’s Office to house a limited number of Robertson County detainees. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-496

A resolution approving an Intergovernmental Agreement by and between the State of Tennessee, Tennessee Emergency Management Agency, and The Metropolitan Government of Nashville and Davidson County, to reimburse the Metropolitan Government for aid provided to Hurricane Gustav evacuees. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-497

A resolution approving an amendment to a grant from the Nashville Public Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, for the totally outstanding youth advocates for the library program. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-498

A resolution accepting a grant from the National Endowment for the Humanities to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to exhibit “John Adams Unbound”, a display of his enormous contributions to the founding of America. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-499

A resolution authorizing the implementation of an incentive program for employees enrolled in the self-insured medical plans of the Metropolitan Government to utilize the services and medical facilities of the Metropolitan Hospital Authority. The resolution was approved by the Budget and Finance, Health, Hospitals and Social Services and Personnel-Public Information-Human Relations-Housing Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-500

A resolution accepting 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 Board of Health, to provide nutritional education and services to eligible women, infants, and children of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-501

A resolution accepting 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 Board of Health, to provide nutritious food to low-income clients vulnerable to inadequate nutrition. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-502

A resolution accepting 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 Board of Health, to provide primary care services to uninsured adults at the Downtown Clinic for the Homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-503

A resolution accepting 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 Board of Health, to reduce the risk of adolescent diabetes by focusing on obesity prevention through physical activity. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-504

A resolution approving an amendment to a grant from the Saint Thomas Health Services Fund d/b/a Safety Net Consortium of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan 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. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-505

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 Nashville Career Advancement Center, to provide implementation of the Career Readiness Certificate Program (08-09-FY8-7CR-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-506

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 Nashville Career Advancement Center, to establish scholarships for adults and dislocated workers (09-09-PY8-2NC-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-507

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 Nashville Career Advancement Center, to provide funding for the Disability Navigator Program to help individuals prepare for re-entry into the labor force and offer training to those facing serious barriers to productive employment (07-09-PY6-1AD-NCNTV). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Baker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-508

A resolution approving a contract by and between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for signal improvements at the I-40 West ramp at Stewarts Ferry Pike, Project Identification No. 109552.00. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Stanley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-509

A resolution approving a grant between the State of Tennessee, Department of Transportation, and the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for an intersection improvement program, Agreement No. 080119 and Project Identification No. 111335.00. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-510

A resolution accepting an enhancement grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, for improvements to the Amqui Station. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (37); “Noes” (0); “Abstaining” Forkum (1).

RESOLUTION NO. RS2008-511

A resolution approving an agreement between the Metropolitan Government of Nashville and Davidson County and Discover Madison, Inc., for improvements to the Amqui Station, to be performed and maintained by Discover Madison, Inc. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (37); “Noes” (0); “Abstaining” Forkum (1).

RESOLUTION NO. RS2008-512

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for roadscape improvements in the Hillsboro Village area. 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, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-513

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for the ITS System Detection and Traffic Signal Optimization Project. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-514

A resolution approving an application for the Harding Place Sidewalk and Bikeways Enhancement Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-515

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for the Gateway to Heritage Phase I streetscape improvements for I-40 Exits off 28th Avenue North and Jefferson Street. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-516

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for the Countywide Wayfinding and Traffic Guidance Program – Phase 2. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-517

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County to purchase and remove homes at 365, 371, 377, and 381 Wimpole Drive which lie in a repetitively flooded area. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-518

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Lamont J. Bell against The Metropolitan Government of Nashville and Davidson County in the amount of $165,000.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-519

A resolution authorizing the Metropolitan Department of Law to compromise and settle Antwand and Lashawn Covington’s claims against the Metropolitan Government of Nashville and Davidson County in the amount of $12,000.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

RESOLUTION NO. RS2008-520

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Lana and Jack Copeland against the Metropolitan Government of Nashville and Davidson County in the amount of $52,500.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

Without objection, the rules were suspended for consideration of one late (1) resolution.

RESOLUTION NO. RS2008-522

A resolution electing two members to the Board of Directors of The Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, Tennessee. Mr. Todd moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, 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 (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-330

An ordinance amending Title 2, Chapter 2.128 of the Metropolitan Code of Laws to broaden the necessary qualifications for Executive Director of the Historical Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Relations-Housing and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-331

An ordinance amending Chapter 10.18 of the Metropolitan Code of Laws pertaining to the prohibition of smoking in Metropolitan buildings. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by a voice vote of the Council.

BILL NO. BL2008-332

An ordinance amending Section 10.64.015 of the Metropolitan Code to exempt certain group homes from the required installation of sprinklers when the homes’ occupants can evacuate promptly. 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. BL2008-333

An ordinance amending Title 17 of the Metropolitan Code of Laws and requiring construction, enforcement and application of the zoning code consistent with federal law. 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. BL2008-334

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, amending the definition of “automobile repair” and “automobile service” to prohibit vehicles being repaired or serviced from remaining on the premises more than thirty days. 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. BL2008-335

An ordinance abandoning an 8” sanitary sewer line and easement and the 10”, 8” and 4” water lines and easements in connection with Project 07-SL-0128 and 07-WL-0080, Carothers Crossing, Phase 3, Section 1, shown on Map 188, Parcels 4, 5, 33, 36, 182, and 183, located at 7156, 7107, 7176, 7140 Carothers Road, authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-093G-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 Committees by a voice vote of the Council.

BILL NO. BL2008-336

An ordinance abandoning an 8 inch sanitary sewer line and easement and replacing such with an 8 inch sanitary sewer and easement in connection Project 07-SL-0192, 3717 West End Subdivision, shown on Map 104-09, Parcels 180 and 277, 3717 West End Avenue and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-114U-10). 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. BL2008-337

An ordinance abandoning an 8 inch sanitary sewer line and easement and installing a manhole in connection Project 08-SL-0057, shown on Map 093-09, Parcels 293-297, 1200 Laurel Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-138U-9). 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. BL2008-298

An ordinance amending Section 3.40.050 of the Metropolitan Code to provide a minimum service pension benefit for employees with at least five years credited service from and after September 1, 2005. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Mr. Tygard moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-306

An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add noise restrictions within the downtown area. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Duvall moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-307

An ordinance amending Chapters 12.40 and 12.60 of the Metropolitan Code to prohibit the parking of motor vehicles within bicycle lanes. The Traffic and Parking and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Cole moved to defer the bill on second reading and refer the bill to the Traffic and Parking Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-308

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2008-2009. The bill was approved by the Budget and Finance Committee. Mr. Forkum moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-309

An ordinance approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, and the MPD Community Credit Union for the use of office space at the Criminal Justice Center (Proposal No. 2008M-139). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-310

An ordinance approving a lease agreement between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, for the lease of office space in the Davidson County Public Building and Court House (Proposal No. 2008M-161). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committee. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-311

An ordinance approving amendments to agreements between the Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-312

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 right-of-way for Alley No. 86, Alley No. 87 and Alley No. 142 (Proposal No. 2008M-141U-9). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore 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. BL2008-292

An ordinance amending Chapter 6.52 of the Metropolitan Code regarding the types of plumbing work for which a plumbers' license is required, and adding specifications for the three license classifications. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Craddock, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, Durbin, Baker, Langster, Evans, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd (29); “Noes” Bennett, Claiborne, Crafton (3); “Abstaining” Hunt, Gilmore, Coleman (3).

BILL NO. BL2008-300

An ordinance approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and United Neighborhood Health Services for the administration and provision of medical services for the Downtown Clinic for the Homeless. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, 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 (37); “Noes” (0).

BILL NO. BL2008-301

An ordinance abandoning a 10 foot public utility easement in connection with Project 08-SG-0055, North Summerfield Drive, shown on Map 042-03, Parcel 118.00, North Summerfield Drive and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-123G-4). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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, Harrison, Hunt, Craddock, 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 (37); “Noes” (0).

BILL NO. BL2008-302

An ordinance abandoning a 16 inch water line and easement and an adjustment of a 16 inch sanitary sewer manhole vent in connection with Project 08-SL-0044 and 08-WL-0032, John C. Tune Airport, Map 079, Parcel 034.00, 110 Tune Airport Road and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-105U-7). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, 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 (37); “Noes” (0).

BILL NO. BL2008-303

An ordinance abandoning a 10 inch sanitary sewer line and easement rights and converting same to a Private Service Line easement in connection with Project 08-SL-0054, Bristol Germantown Abandonment, Alley Numbers 221 and 205 associated with Map 082-13, Parcel 203.00, located between Madison and Jefferson Streets and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-124U-8). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, 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 (37); “Noes” (0).

BILL NO. BL2008-304

An ordinance granting an easement to Lion Oil Company at Van Buren Street in Davidson County for the relocation of an underground fuel delivery pipeline (Proposal No. 2008M-145U-8). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, 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 (37); “Noes” (0).

BILL NO. BL2008-305

An ordinance authorizing the acquisition of an easement by negotiation or condemnation for use in public projects relating to Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II, from Seaboard Railroad, Inc. (DBA CSX Railroad) for an access road. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, 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 (37); “Noes” (0).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2008-521

A resolution requesting CSX Transportation, Inc., to paint the railroad bridge over the Cumberland River north of James Robertson Parkway. The resolution was approved by the Public Works Committee. Mr. Gotto moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, 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 (37); “Noes” (0).

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