Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, July 21, 2009


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

President Pro Tempore Adkins presided in the absence of President Neighbors.

The invocation was offered by Councilman Tim Garrett.

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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); Absent: Claiborne, Evans, President Neighbors (3).

The Minutes of the regular meeting of July 7, 2009, were approved.

Mr. Harrison moved that at the time of adjournment the Council adjourn to Thursday, August 6, 2009, at 6:30 pm, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Ms. Barbara Clinton for a term expiring February 2, 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.

Educational Access Corporation
Appointment of Mr. Matt Langley for a term expiring February 5, 2011. Mr. Langley will fill the unexpired term of Mr. Kaine Riggan. 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.

Appointment of Mr. Antonio Meeks for a term expiring February 5, 2010. Mr. Meeks will fill the unexpired term of Ms. Janet Henderson. 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.

Electric Power Board
Appointment of Mr. Sam Howard for a term expiring July 1, 2014. 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.

Electrical Examiners and Appeals Board
Reappointment of Mr. James C. Seabury III for a term expiring February 15, 2013. 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.

Employee Benefit Board
Reappointment of Dr. Christine Bradley for a term expiring June 30, 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.

Board of Health
Appointment of Ms. Carol Etherington for a term expiring July 9, 2014. 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.

Reappointment of Mr. Bill Hance for a term expiring July 9, 2014. 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.

Hospital Authority
Reappointment of Dr. Howard Burley for a term expiring July 11, 2014. 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.

Reappointment of Ms. Janet Jones for a term expiring July 11, 2014. 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.

Human Relations Commission
Appointment of Ms. Adrienne Cooper for a term expiring April 18, 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.

Reappointment of Mr. Dennis Nunez for a term expiring April 18, 2012. At the request of the nominee, the confirmation was deferred.

Appointment of Ms. Remziya Suleyman for a term expiring April 18, 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.

Tourism and Convention Commission
Appointment of Mr. David Glasgow for a term expiring June 30, 2012. At the request of the nominee, the confirmation was deferred.

Reappointment of Mr. Hank Locklin for a term expiring June 30, 2012. At the request of the nominee, the confirmation was deferred.

Wastewater Hearing Authority
Appointment of Ms. Terry Kevlin for a term expiring October 1, 2010. 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.

Board of Public Education
Election to fill one vacancy on the Metropolitan Board of Public Education for a 9th School District representative. The seven candidates were: Paul J. Brenner, Rich Haglund, Martin Kennedy, Michael La Haie, Julie Lamb, Lee Limbird, Elizabeth Merkel, and Kay Simmons. Ms. Limbird requested that her name be withdrawn from consideration. The vote was taken and the Clerk confirmed the vote as follows: Merkel - Garrett, Jernigan, Page, LaLonde, Gilmore, Holleman, McGuire, Adkins, Mitchell (9); Simmons - Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Moore, Baker, Langster, Crafton, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (29). The President declared that Ms. Simmons was elected as the 9th School District representative on the Metropolitan Board of Public Education for a term expiring August 31, 2010.

- RESOLUTIONS -

RESOLUTION NO. RS2009-839

A resolution designating certain nonprofit organizations to receive community enhancement grant funds pursuant to Substitute Ordinance BL2009-456. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-840

A resolution accepting a grant from the State of Tennessee, Department of Children’s Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide case management and family support services to children at high risk of custody and their families. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-841

A resolution accepting the American Recovery and Reinvestment Act of 2009 Byrne Justice Assistance 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 Department, to provide funding for three re-entry specialists for offenders who are within 90 to 120 days of release. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-842

A resolution approving an application for an Indigent Defender Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Defender’s Office, to provide funds to hire an attorney to work on intense litigation. The resolution was approved by the Budget and Finance Committee. Ms. Bennett 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-843

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, for an interpreter for divorcing parents whose primary language is not English. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-844

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County for the provision of interpreter services for defendants with limited English proficiency who have been found to be indigent. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-845

A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County for the State Trial Courts residential drug court treatment program. The resolution was approved by the Budget and Finance Committee. Ms. Bennett 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-846

A resolution accepting the American Recovery and Reinvestment Act of 2009 Byrne Justice Assistance Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County to provide supervision and treatment services to non-violent felony offenders with substance abuse problems. The resolution was approved by the Budget and Finance Committee. Ms. Bennett 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-847

A resolution accepting a Community Services Block Grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, for the receipt of funds from The American Recovery and Reinvestment Act of 2009 to assist low income individuals in meeting their basic needs. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-848

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide home delivered meals, personal care, and homemaker services to eligible clients. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-849

A resolution accepting a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide homemaker services to eligible customers. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-850

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 Board of Health, to provide a one-stop service center for pregnant and parenting women. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-851

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, for family planning services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-852

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 renal intervention services to at risk individuals who are diabetic and/or hypertensive. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-853

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 Metropolitan Nashville Police Department, to pay a portion of the salary for a crisis counselor in the Victim Intervention Program to provide direct service to victims of violent crimes. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-854

A resolution accepting a grant from the Wal-Mart Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the El Protector Program to purchase promotional items and educational materials. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-855

A resolution approving an application for the Bulletproof Vest Partnership Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-856

A resolution accepting a grant from Greenways for Nashville to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks Department, to provide funding and benefits for the position of Executive Coordinator of Greenways for Nashville in conjunction with the Metropolitan Parks Department’s Greenways Commission. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Todd 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-857

A resolution authorizing the acquisition of a parcel of property for use as part of the public park system. The resolution was approved by the Board of Parks and Recreation; Planning Commission; Budget and Finance; Parks, Library and Recreation; and Planning, Zoning and Historical Committees. Mr. Mitchell 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-858

A resolution approving cooperative agreement No. 09E4TN25250020 with the United States Department of the Interior - United States Geological Survey for continuation of a program for FY2010 to operate and maintain an ADVM gauge on the Cumberland River and water quality monitors and streamflow gauges in several streams in Davidson County. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-859

A resolution accepting an American Recovery and Reinvestment Act Grant to establish and participate in the Tennessee Economic Recovery Training Grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to offer training to upgrade current worker skills (LW09ST92SSSWA09). 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-860

A resolution approving Amendment One to 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 programs and deliver services to increase skill attainment for Bridgestone employees (09-09-FY9-1SS-STATE, Mod #1). 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, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0); “Abstaining” Jameson, Wilhoite (2).

RESOLUTION NO. RS2009-861

A resolution approving Amendment One to a contract between the State of Tennessee, Department of Labor and Workforce Development, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to make resources available for on the job training of new and existing Asurion employees (09-09-FY9-2FT-STATE, Mod #1). 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-862

A resolution approving Amendment Two to 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 administrative funds for cross-training Zeledyne, LLC employees for glass building projects (08-09-FY8-6MN-STATE, Mod #2). 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-863

A resolution approving amendment two to 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 program funds for cross-training Zeledyne, LLC employees for glass building projects (08-09-FY8-2SS-RSPNC, Mod #2). 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-864

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Stephanie Peete, as next of kin and personal representative of the estate of Federico Becerra, Jr., deceased, against the Metropolitan Government for the amount of $250,000.00 and directing that this amount be paid from the Judgment and Losses 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-865

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s claims against the Wackenhut Corporation in the amount of $400,000.00. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Todd, Mitchell (33); “Noes” Duvall (1).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-411

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 Ordinance No. BL2005-543 to modify a condition pertaining to the restriction of access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (2009Z-015PR-001). Mr. Mitchell moved to defer the bill to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-500

An ordinance naming the observation towers overlooking Public Square Park in honor of Thomas Shriver. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library and Recreation Committee by a voice vote of the Council.

BILL NO. BL2009-501

An ordinance abolishing the Community Education Alliance and amending Chapter 2.160 of the Metropolitan Code to create a new Community Education Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Education Committee by a voice vote of the Council.

BILL NO. BL2009-502

An ordinance amending Chapter 11.20 of the Metropolitan Code to prohibit the Metropolitan Government from discriminating on the basis of sexual orientation or gender identity through its employment practices. Ms. Barry moved to pass the bill on first reading, which motion was seconded and adopted, and referred to the Personnel-Public Information-Human Relations-Housing Committee, by a roll call vote of the Council.

BILL NO. BL2009-503

An ordinance amending Title 16 of the Metropolitan Code regarding sustainable development design standards for new and renovated Metropolitan Government buildings and facilities to allow an alternative to LEED certification based upon lowered measured energy use. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Committee by a voice vote of the Council.

BILL NO. BL2009-504

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and The Land Trust for Tennessee, Incorporated, for The Land Trust to provide planning and management services to enable an Open Space Planning project to be conducted and for the parties to enter into a cost sharing arrangement in connection therewith. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Parks, Library and Recreation Committees by a voice vote of the Council.

BILL NO. BL2009-505

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7313, with the State of Tennessee, Department of Transportation, Project No. 19003-3191-44, to construct PIN Number 1014390.1, Interchange at Briley Parkway/Robertson Avenue (Phase 2) LM 12.46 to 13.93, in Nashville, located in Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2009-506

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 401 Edenwold Road, 1398 County Hospital Road, 937 Herman Street, 8200 Highway 100, 4210 A Harding Pike, 3366 Briley Park Boulevard South, 6604 Charlotte Pike, Nolensville Pike, 6640 Nolensville Pike, 705 Drexel Street, 306 White Bridge Pike, 800 Main Street, Cecilia Avenue, 1802 20th Avenue South, and 715 Massman Drive. 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. BL2009-507

An ordinance authorizing 315 Union Street Holdings, LLC to install, construct and maintain an aerial and underground encroachment for Union Street Plaza and Hotel Indigo at 315 Union Street (Proposal No. 2009M-009EN-001). 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. BL2009-508

An ordinance authorizing Charlotte Road Baptist Church to install, construct and maintain a sign encroachment at 7511 Charlotte Pike (Proposal No. 2009M-008EN-001). 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. BL2008-350

An ordinance amending Title 10 of the Metropolitan Code to adopt the 2006 International Fire Code, and amendments thereto. Mr. Hodge offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2008-350

An ordinance amending Title 10 of the Metropolitan Code to adopt the 2006 International Fire Code, as amended, for use throughout the Metropolitan Government, and the 2006 NFPA 101 Life Safety Code, as amended, for certain occupancies. The bill was approved by the Codes, Fair and Farmers and Public Safety-Beer and Regulated Beverages Committees with an amendment. Mr. Ryman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hodge moved to pass the bill on second reading as amended, which motion was seconded and adopted by a roll call vote of the Council.

BILL NO. BL2009-429

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 RS5 to RM15 zoning for property located within the Greenwood Neighborhood Conservation Overlay at 837 Cleveland Street, approximately 115 feet west of McFerrin Avenue (0.28 acres), all of which is described herein (Proposal No. 2009Z-010PR-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended withdrawal. Ms. Murray moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the council.

SUBSTITUTE BILL NO. BL2009-442

An ordinance amending Chapter 10.64 of the Metropolitan Code to amend the 2006 National Fire Protection Association Uniform Fire Code, 2006 Life Safety Code and miscellaneous NFPA Codes and Standards. The Codes, Fair and Farmers and Public Safety-Beer and Regulated Beverages Committees recommended indefinite deferment. Mr. Ryman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-481

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before March 17, 2009. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-482

An ordinance amending Section 4.20.030 of the Metropolitan Code of Laws pertaining to performance and payment bonds. The bill was approved by the Budget and Finance Committee. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-484

An ordinance approving the lease of space in the 222 Building to Joe Suarez and Sung Cha Suarez, dba Take-A-Break, for the continued operation of a snack shop (Proposal No. 2009M-008PR-001). The bill was approved by the Planning Commission, Budget and Finance 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. BL2009-485

An ordinance abandoning 1,240 feet of an existing 8 inch water main and 3 fire hydrants and abandoning 720 feet of an existing 8 inch sewer line and 2 manholes and the respective easements in connection with Project 09-SL-0002 and Project 09-WL-0001, shown on Map 107, Parcels 167, and Parcels 171-174, on Piedmont Natural Gas-Nashville Operations property, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-026ES-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-486

An ordinance abandoning a 10 foot public utility easement in connection with Project 09-WG-0004, 915 Otter Creek Road, shown on Map 146-13, Parcel 001.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-013ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Todd moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-487

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-C and described below (Proposal No. 2009M-007PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-488

An ordinance approving an amendment to the Intergovernmental Agreement between the Metropolitan Government of Nashville and Davidson County and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-489

An ordinance prohibiting handguns within Metropolitan Government parks, and amending Section 13.24.440 of the Metropolitan Code pertaining to the prohibition against firearms within parks. The bill was approved by the Parks, Library and Recreation Committee; the Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Maynard moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-490

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County and the Board of Trustees of the Blakemore Primitive Baptist Church, for the establishment and exchange of easement rights for properties located at 2401 and 2411-B Blakemore Avenue, Nashville, Tennessee 37212, and authorizing the Metropolitan Mayor to execute said agreement (Proposal No. 2009M-038ES-001). The bill approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Ms. LaLonde moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-491

An ordinance amending Title 12 of the Metropolitan Code regarding commercial vehicles operating on local streets. The Public Works and Traffic and Parking Committees recommended deferment. Mr. Stanley moved to defer the bill to the second meeting in August for a Traffic and Parking Commission recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-492

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-493

An ordinance approving an agreement between the Metropolitan Government and Summerfield Village, LLP pertaining to funding for storm water infrastructure improvements near Summercrest Boulevard and Murfreesboro Road. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-494

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 1611 Cahal Avenue, 1610 and 1608 Emerson Street (Proposal No. 2008M-157U-5). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. 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. BL2009-495

An ordinance abandoning a 20 foot public utility easement in connection with Project 08-SG-0103, 544 McMurray Drive, shown on Map 161-03, Parcel 160.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2007M-061U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Foster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-496

An ordinance abandoning a 10 foot public utility drainage easement in connection with Project 09-D-00029, 8212 Ramstone Way, shown on Map 182-06-A, Parcel 173.00CO and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-037ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-497

An ordinance abandoning easement rights within the Old 11th Avenue right-of-way through Map 093-09, Parcel 334.00 and Map 093-09, Parcel 333.00 as created by Bill Number BL2006-930 in connection with Project 09-AB-0001, Pine Street Abandonment and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-045ES-001). The bill was approved by the Planning Commission, Public Works 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.

BILL NO. BL2009-498

An ordinance amending Section 11.12.070 of the Metropolitan Code regarding noise from commercial establishments contiguous to residential areas. The Codes, Fair and Farmers Committee recommended deferment. Mr. Stanley moved to defer the bill to the second meeting in August and refer the bill to the Public Safety-Beer and Regulated Beverages Committee, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2008-324

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 RS7.5, R8, and CS to SP zoning properties located at 2832 Whites Creek Pike and Rowan Drive (unnumbered), approximately 1,510 feet south of Briley Parkway (91.97 acres), to permit the development of a retail, office, warehouse and industrial campus and open space, all of which is described herein (Proposal No. 2008SP-025U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Harrison moved to defer the bill to the second meeting in August, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-428

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 CF to SP zoning for property located at 809 5th Avenue South, approximately 150 feet south of Ash Street (0.69 acres), to permit wrecker service, auto repair and all other uses permitted in the CF zoning district, all of which is described herein (Proposal No. 2009SP-004-001). The bill was approved by the Planning Commission 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-430

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 R40 to RS40 zoning along Ensworth Place and from R40 to RS40 zoning along Ensworth Avenue which is also located in the Woodlawn West Neighborhood Conservation Overlay District (48.34 acres), all of which is described herein (Proposal No. 2009Z-021PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2009-430

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 R40 to RS40 zoning along Ensworth Place (28.97 acres), all of which is described herein (Proposal No. 2009Z-021PR-001). Mr. Holleman 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-432

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2009Z-004TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee and Planning, Zoning and Historical Committee. Mr. Jameson moved to defer the bill indefinitely so that a public meeting could be held and additional work be done on the proposal, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-459

An ordinance to amend MCL 7.08 to add requirements under the Responsible Vendor Act, and to reflect changes in state beer laws including authorizing increased penalties for the sale of beer to minors. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-464

An ordinance amending Section 17.32.050 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the distance requirements for signs with any copy, graphics, or digital displays that change messages by electronic or mechanical means, all of which is more particularly described herein (Proposal No. 2009Z-010TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-468

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an unnumbered alley right-of-way, from W. Argyle Avenue, northeasterly to Alley No. 658 (Proposal No. 2009M-002AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-469

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 North Second Street right-of-way, from Howerton Avenue northwestward to the dead end (Proposal No. 2009M-003AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-470

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 R8 to SP zoning for properties located at 2223, 2225, and 2227 10th Avenue South, approximately 50 feet north of Waldkirch Avenue (0.6 acres), to permit a 13,600 square foot mixed use building containing 2,000 square feet of restaurant space, 4,800 square feet of retail space and 6,800 square feet of office space, all of which is described herein (Proposal No. 2009SP-005-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommend indefinite deferment. Ms. Moore moved to defer the bill indefinitely so that the developers can work out community concerns, the bill being requested by Randall Morgan, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-472

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, R15, and RS20 to SP zoning for properties at 3146 Old Hickory Boulevard and 3108 Blevins Road, at the southwest corner of Blevins Road and I-24 West (16.39 acres) to permit all uses within the CS zoning subject to the standards, regulations and requirements of the CS zoning district and to permit Heavy Equipment Repair, Wrecker Services and Outdoor Storage subject to the standards, regulations and requirements of the IWD zoning district, all of which is described herein (Proposal No. 2009Z-022PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2009-472

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, R15, and RS20 to SP zoning for properties at 3146 Old Hickory Boulevard and 3108 Blevins Road, at the southwest corner of Blevins Road and I-24 West (16.39 acres) to permit all uses within the CS zoning subject to the standards, regulations and requirements of the CS zoning district and to permit Automobile Sales, Used, Automobile Repair, Vehicular Sales and Services, Heavy Equipment Repair, Wrecker Services and Outdoor Storage subject to the standards, regulations and requirements of the IWD zoning district, all of which is described herein (Proposal No. 2009Z-022PR-001/2009SP-011-001). Mr. Hunt 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

SECOND SUBSTITUTE BILL NO. BL2009-474

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 RS15 to SP zoning property located at Ashland City Highway (unnumbered), approximately 1,620 feet east of Eatons Creek Road (7.14 acres), to permit a Funeral Home subject to the standards, regulations and requirements of the OR20 zoning district and one residence, all of which is described herein (Proposal No. 2009SP-010-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Matthews 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-475

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 Nolensville Road Automart Specific Plan District approved by Ordinance No. BL2006-1258 for property located at 2721 and 2725 Nolensville Pike and 2722 Grandview Avenue, at the northwest corner of Nolensville Pike and McClain Avenue (0.82 acres), to amend Condition 3 pertaining to sidewalk requirements, all of which is described herein (Proposal No. 2006SP-152-002). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Page 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-476

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 Gallatin Pike Improvement District Specific Plan for properties located along Main Street and Gallatin Pike between South 5th Street and Briley Parkway (266.11 acres), all of which is described herein (Proposal No. 2007SP-122-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Bennett 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-477

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to add “Wind Energy Facility (small)” and “Wind Energy Facility (utility)” as land uses, all of which is more particularly described herein (Proposal No. 2009Z-006TX-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Tygard moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-478

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to modify the definitions of “Automobile Repair” and “Automobile Service”, all of which is more particularly described herein (Proposal No. 2009Z-012TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Page 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-479

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.04, 17.08, and 17.16 to add community gardening as a permitted use, a use permitted with conditions, or a special exception use in certain zoning districts, all of which is more particularly described herein (Proposal No. 2009Z-013TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2009-479

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.04, 17.08, and 17.16 to add community gardening as a permitted use or a special exception use in certain zoning districts, all of which is more particularly described herein (Proposal No. 2009Z-013TX-001). Mr. Holleman 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-833

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to repeal the state law provisions allowing pools owned and operated by a multi-family residential housing homeowners’ associations that are not in compliance with applicable health regulations to remain open. The Health, Hospitals and Social Services Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-866

A resolution encouraging the creation of a Green Jobs Corps in Nashville and Davidson County. The resolution was approved by the Personnel-Public Information-Human Relations-Housing 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-867

A resolution requesting the United States Postal Service not to close the Arcade Post Office in downtown Nashville. The resolution was approved by the Rules-Confirmations-Public Elections Committee. 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-868

A resolution requesting Governor Bredesen and the Davidson County Delegation to the Tennessee General Assembly to revise the BEP formula to ensure a more equitable distribution of funds for the benefit of the Metropolitan Nashville Public Schools. The resolution was approved by the Budget and Finance and Education Committees. Mr. Crafton 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, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned to Thursday, August 6, 2009, at 6:30 pm.