Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, August 18, 2009


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

The invocation was offered by Councilman Jerry Maynard.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (41); Absent: (0).

The Minutes of the adjourned meeting of August 6, 2009, were approved.

Ms. Wilhoite moved to amend the vote taken on BL2009-502 on August 6, 2009 to record her support of the motion to defer, which motion was seconded and adopted without objection.

The Rules-Confirmations-Public Elections Committee recommended that the following proposed rules amendment be withdrawn:

Rule 14 of the 2007-2011 Council Rules of Procedure is amended by deleting the following provision in its entirety:

“, and except for zoning matters, budget, revenue service charges or tax measures, no ordinance may be
amended after second reading”

Mr. Foster moved to withdraw the amendment, which motion was seconded and adopted by a voice vote of the Council

- ELECTIONS AND CONFIRMATIONS -

Auditorium Commission
Appointment of Ms. Charleen Bethart 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.

Appointment of Mr. LeShane Greenhill 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.

Convention Center Commission
Reappointment of Mr. William McDonald for a term expiring June 7, 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.

Reappointment of Ms. Erika Wollum Nichols for a term expiring June 7, 2012. At the request of the nominee, the confirmation was deferred.

Appointment of Mr. Sam Patel for a term expiring June 7, 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. Edward Stevenson for a term expiring June 7, 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.

Human Relations Commission
Reappointment of Mr. Dennis Nunez 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.

Property Standards and Appeals Board
Reappointment of Mr. David Kipp for a term expiring July 29, 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.

Social Services Commission
Reappointment of Mr. Howard Gentry for a term expiring July 20, 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.

Tourism and Convention Commission
Reappointment of Mr. Johnny Walker for a term expiring June 30, 2012. At the request of the nominee, the confirmation was deferred.

- RESOLUTIONS -

RESOLUTION NO. RS2009-881

A resolution approving the formation of a convention center authority, approving the form of corporate charter proposed to be used in organizing the authority, and authorizing the Metropolitan Mayor to execute, acknowledge, and file a charter for the authority. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” Crafton, Evans (2); “Abstaining” Todd (1).

Mr. Jameson moved for re-consideration of the vote, which motion received four seconding motions. Action on the motion will be taken as set forth in Rule No. 34 of the Rules of Procedure of the Metropolitan Council.

RESOLUTION NO. RS2009-882

A resolution submitting to the Metropolitan Planning Commission a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located within the Golden Oak subdivision on Saunders Avenue, all of which is more particularly described herein. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-883

A resolution approving an application for a Litter Program Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, for litter reduction services along county, state, and interstate highways. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-884

A resolution approving Amendment Two to a grant from the State of Tennessee, Board of Probation and Parole, to The Metropolitan Government of Nashville and Davidson County for the Davidson County Community Corrections Program. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-885

A resolution approving an intergovernmental agreement between the United States Department of Justice, Drug Enforcement Administration (DEA), and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to provide police assistance to the Middle Tennessee Drug Enforcement Task Force. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-886

A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Bureau of Investigation, and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, regarding participation in the Tennessee Fusion Center. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-887

A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Wildlife Resources Agency, and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for the issuance of Boating Law Enforcement Commissions to officers of the Metropolitan Nashville Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-888

A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Office of Homeland Security, and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, regarding state equipment issued for use by the Terrorism Liaison Officer. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-889

A resolution to appropriate funds received from Piedmont Natural Gas Company, Inc. to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission in conjunction with the Share the Warmth Program, to provide funds to aid in heating and cooling crises of eligible customers. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0); “Abstaining” Wilhoite (1).

Without objection Resolution Nos. RS2009-890 and RS2009-891 were considered together.

RESOLUTION NO. RS2009-890

A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2009-891

A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

Mr. McGuire moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-892

A resolution approving an amendment to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for air pollution control. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-893

A resolution approving amendment six to the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in the planning, development and delivery of services for minority individuals affected and infected with HIV/AIDS. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (39); “Noes” (0); “Abstaining” Todd (1).

RESOLUTION NO. RS2009-894

A resolution approving amendment one to 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 to provide medical services to homeless clients at the downtown clinic. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-895

A resolution approving an application for a Homelessness Prevention and Rapid Re-Housing Grant from the Metropolitan Development and Housing Authority to The Metropolitan Government of Nashville and Davidson County, acting by and through the Social Services Commission, to serve households who have lived in emergency shelters or on the streets for at least seven consecutive days. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-896

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 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-897

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 programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09P091DSLWK10). 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-898

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to make resources available to Standard Candy to support its new and existing employees and to create 210 new jobs (LW09P091FTSWA10). 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-899

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 programs and deliver services to prepare adults for re-entry into the labor force (LW09P091ADULT10). 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-900

A resolution approving an amendment and extension of the Recycling Services Agreement between the Metropolitan Government of Nashville and Davidson County and QRS, Inc., formerly Rivergate Recycling. The Budget and Finance and Public Works Committees recommended withdrawal. Mr. Forkum moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-901

A resolution approving an application for a grant from the Tennessee Department of Agriculture to The Metropolitan Government of Nashville & Davidson County for the purpose of community tree planting on vacant flood prone property on Ewingdale Drive, owned by the Metropolitan Government. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hunt moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-902

A resolution approving an application for a TIGER Program 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 pedestrian enhancements to the Gallatin Road Bus Rapid Transit (BRT) Route. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-903

A resolution approving an agreement 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, and the Nashville and Eastern Railroad Corporation and the Nashville and Eastern Railroad Authority for the Central Pike widening. 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, Matthews, Harrison, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” Jernigan, Langster (2).

RESOLUTION NO. RS2009-904

A resolution approving an amendment to a contract between the State of Tennessee, through the Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, through the Metropolitan Public Works Department, for the widening of Central Pike, Contract No. 98-391, Pin. No. 101200.00. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” Jernigan (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 first meeting in December, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-524

An ordinance providing a one-time traffic violation amnesty program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Traffic and Parking Committees by a voice vote of the Council.

BILL NO. BL2009-525

An ordinance amending Title 6 of the Metropolitan Code to regulate the “booting” of vehicles within the area of the Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2009-526

An ordinance amending Chapter 11.20 of the Metropolitan Code to prohibit the Metropolitan Government from discriminating on the basis of non-merit factors in its employment practices. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.

BILL NO. BL2009-527

An ordinance amending Chapters 15.20 and 15.36 of the Metropolitan Code pertaining to the charging of water and sewer tapping and capacity fees. 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. BL2009-528

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 Old Baker Road right-of-way (Proposal No. 2009M-001AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

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 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 Public Safety-Beer & Regulated Beverages and Codes, Fair and Farmers Market Committees recommended deferment. Mr. Stanley moved to defer the bill indefinitely, which motion was seconded and adopted 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. The bill was disapproved by the Personnel-Public Information-Human Relations-Housing Committee. Ms. Barry offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Barry moved to pass the bill on second reading as amended, which motion was seconded. Mr. Claiborne moved to defer the bill and re-refer the bill to the Personnel-Public Information-Human Relations-Housing Committee, which motion was seconded. Mr. Cole moved to table the motion to defer, which motion was seconded and adopted by a roll call vote. The matter recurred on the motion to pass the bill on second reading as amended, which motion was adopted 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. The Codes, Fair and Farmers Market Committee recommended indefinite deferment. Mr. Dominy moved to defer the bill indefinitely so that amendments to the bill can be considered, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-509

An ordinance amending Section 10.64.015 of the Metropolitan Code pertaining to fire flow requirements for single-family homes constructed on larger lots in the General Services District. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Hunt 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 -

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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Harrison moved to defer the bill as amended, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-473

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 SP zoning for properties located at 1103, 1105, and 1111 Battery Lane, approximately 1,500 feet east of Granny White Pike (7.4 acres), to permit up to 13 single-family lots, all of which is described herein (Proposal No. 2009SP-008-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Todd offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Todd moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

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 disapproved the bill. Mr. Maynard moved to pass the bill on third reading, which motion was seconded. Mr. Coleman moved to defer the bill, which motion was seconded. Mr. Mitchell moved to table the motion to defer, which motion was seconded and adopted by a roll call vote. The matter recurred on the motion to pass the bill on third reading, which motion was adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Hunt, Murray, Jameson, Cole, Ryman, Jernigan, Page, Moore, LaLonde, Gilmore, Langster, Holleman, McGuire, Adkins, Wilhoite, Todd, Mitchell (22); “Noes” Garrett, Harrison, Craddock, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Baker, Crafton, Evans, Foster, Dominy, Hodge, Toler, Coleman, Duvall (18).

BILL NO. BL2009-500

An ordinance naming the observation towers overlooking Public Square Park in honor of Thomas Shriver. The bill was approved by the Parks, Library and Recreation Committee. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

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. The bill was approved by the Education 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

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. The bill was approved by the Budget and Finance and Parks, Library and Recreation 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

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. The bill was approved by the Budget and Finance and Public Works Committees. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committee. 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, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. Mr. Crafton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.