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Minutes

Metropolitan Council Meeting
Tuesday, October 20, 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 Walter Hunt.

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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (39); Absent: Tygard, Murray (2).

The Minutes of the regular meeting of October 6, 2009, were approved.

The Rules-Confirmations-Public Elections Committee approved the following proposed rules amendment:

Rule 25 of the 2007-2011 Council Rules of Procedure is hereby amended by deleting the second paragraph in its entirety and substituting with the following new paragraph:

Memorializing and congratulatory resolutions shall not be presented on the first meeting of each odd month at which a public hearing is to be held regarding zoning bills. All presentations of memorializing and congratulatory resolutions shall be limited to five (5) minutes each, and no more than two (2) such presentations shall be allowed at any meeting of the Council. Further, Members of Council shall be limited to presenting two memorializing or congratulatory resolutions per year. For purposes of this Rule, one year shall be from September 1st to August 31st of the following calendar year. Members of Council wishing to make presentations of memorializing and congratulatory resolutions shall schedule the presentations with the Council Office. The Council Office shall schedule the presentations for each meeting on a first come, first served basis.

Mr. Hunt moved to adopt the amendment, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Steine, Maynard, Matthews, Harrison, Hunt, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (29); “Noes” Craddock, Gilmore, Langster, Evans, Holleman, Wilhoite, Coleman (7); “Abstaining” Barry (1).

The following proposed amendments to the Rules of Procedure of the Metropolitan Council were distributed and will be considered at the next regular meeting of Council:

Rule 41 of the 2007-2011 Council Rules of Procedure (as amended) is hereby amended by deleting subsection 1 and substituting with the following new subsection 1:

At the next regular meeting of the Council following a vacancy, the Vice Mayor shall call for nominations to fill said positions from the membership of the Council. No second shall be required to place the same in nomination. Only the person making the nomination shall be entitled to speak, and for no more than five minutes, provided that the member making the nomination may yield the remainder of his/her time to any member other than the nominee.

Rule 47 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) is hereby amended by deleting the first sentence of the Rule in its entirety and substituting in lieu thereof the following new first sentence:

No person except those persons who are permitted in the Council Chamber during a meeting of the Metropolitan Council under these rules may be in the Council Chamber at any time during any meeting of the Metropolitan Council.

Rule 51 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) is hereby amended by deleting the phrase “by unanimous consent of those members present” and substituting with the phrase:
unless five (5) members object to the suspension of the rules.

- ELECTIONS AND CONFIRMATIONS -

Community Education Commission
By nominations previously filed, Ms. Gilmore nominated Dean Jason Meriwether and Mr. Toler nominated Dr. Edward Hantel as candidates for the education advocacy group position for a term expiring October 1, 2011. The Rules-Confirmations-Public Elections Committee reported that the candidates was interviewed and found qualified to serve. A vote was taken and the Clerk announced the vote as follows: Hantel: Garrett, Barry, Harrison, Hunt, Craddock, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, LaLonde, Baker, Crafton, McGuire, Adkins, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (25); Meriwether: Maynard, Matthews, Jameson, Jernigan, Moore, Gilmore, Langster, Evans, Holleman, Foster, Wilhoite, Coleman (12); “Abstaining” Steine (1).

By nomination previously filed, Mr. Holleman nominated Mr. Bernard Pickney as a candidate for the community education council position for a term expiring October 1, 2010.. The Rules-Confirmations-Public Elections Committee reported that the candidate was interviewed and found qualified to serve. Ms. Page moved that Mr. Pickney be elected by acclamation, which motion was seconded and adopted by a unanimous vote of the Council.

Arts Commission
Appointment of Ms. Kimberley LaMarque for a term expiring January 1, 2010. Ms. LaMarque will fill the unexpired term of Ms. Celeste Wilson. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Convention Center Commission
Appointment of Mr. Dean Jones for a term expiring June 7, 2012. Mr. Jones will fill the unexpired term of Mr. William McDonald. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Ms. April Lassiter for a term expiring June 7, 2012. At the request of the nominee, the confirmation was deferred.

Historical Commission
Appointment of Ms. Linda Wynn for a term expiring August 10, 2010. Ms. Wynn will fill the unexpired term of Mr. Francis Guess. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Sexually Oriented Business Licensing Board
Reappointment of Mr. Brock Parks for a term expiring October 7, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2008-431

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended deferment. Mr. Gotto moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-983

A resolution authorizing Westview Condominium Association, Inc. to install, construct, and maintain an aerial encroachment at 180 9th Avenue North (Proposal No. 2009M-011EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-989

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended deferment. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council

RESOLUTION NO. RS2009-990

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended deferment with an amendment. Mr. Gotto offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Gotto moved to defer the resolution as amended, which motion was seconded and adopted by a voice vote of the Council

RESOLUTION NO. RS2009-991

A resolution appropriating $1,316,347 in Community Development Block Grant Recovery Program funding. The resolution was approved by the Federal Grants Review Committee. Ms. Moore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-992

A resolution appropriating the amount of $4,137,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Personnel-Public Information-Human Relations-Housing and Public Works Committees; the Budget and Finance; Convention, Tourism and Public Entertainment Facilities; Health, Hospitals and Social Services; and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Steine moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-993

A resolution authorizing and providing the financing for the construction of a sewage treatment works project, including authorizing the execution of applications, contractual agreements, and other necessary documents in order to obtain a loan from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, and making certain representations regarding financing for loan repayment. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-994

Initial resolution authorizing and providing for the issuance and sale of water and sewer revenue bonds in an aggregate principal amount of not to exceed Five Hundred Million Dollars of The Metropolitan Government of Nashville and Davidson County (Tennessee). The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-995

Resolution authorizing and providing for the issuance and sale of water and sewer revenue bond anticipation notes in an amount not to exceed Two Hundred Million Dollars at any one time in the form of commercial paper of The Metropolitan Government of Nashville and Davidson County (Tennessee); authorizing and providing for one or more dealer agreements, issuing and paying agency agreements, and standby note purchase agreements; and providing for certain other matters related thereto. The resolution was approved by the Budget and Finance Committee. Mr. Hunt moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-996

A resolution approving a 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. Mr. Baker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-997

A resolution approving an agreement between the United States Bureau of Immigration and Customs Enforcement and The Metropolitan Government of Nashville and Davidson County authorizing the training and use of Davidson County Sheriff’s Office personnel to identify and process immigration offenders in DCSO jail and correctional facilities. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Steine, Maynard, Matthews, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (34); “Noes” Barry, Harrison, Coleman (3); “Abstaining” Moore (1).

RESOLUTION NO. RS2009-998

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, for litter collection on county roadways and preventative education services. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-999

A resolution to appropriate grant funds from the State of Tennessee, Bureau of Tenncare, to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, to purchase hardware and software to process medical data. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1000

A resolution to appropriate funds received from The Electric Power Board of the Metropolitan Government of Nashville and Davidson County, operating as the Nashville Electric Service, to the Metropolitan Action Commission pursuant to the Watt Ads Energy Fund. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1001

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 enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1002

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

RESOLUTION NO. RS2009-1003

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 funding for services specific to the public health emergency response to the H1N1 virus. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1004

A resolution to approve the third amendment to the lease agreement between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee for the use of property at 1200 Foster Avenue (Proposal No. 2009M-017PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1005

A resolution approving an amendment to 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 add training services to workers at the Mountain City Meat Company and to create 104 new jobs (LW09P091FTSWA10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1006

A resolution approving and authorizing the Mayor to execute Amendment One to each of the seven contracts between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, for the receipt of funds through the American Recovery and Reinvestment Act of 2009 (ARRA) for seven infrastructure projects in Davidson County. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1007

A resolution approving an application for construction funding for sidewalk improvements along the north side of Lebanon Road from McGavock Pike to Old Lebanon Road under the Transportation Enhancement Program 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. The resolution was approved by the Budget and Finance and Public Works Committee. Mr. Claiborne moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1008

A resolution approving the exercise of a fee simple acquisition option for the purchase of a flood prone property, for Metro Water Services Project No. 02-D-149 (Proposal No. 2002M-112U-11). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

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

RESOLUTION NO. RS2009-1012

A resolution authorizing a loan under a loan agreement between The Metropolitan Government of Nashville and Davidson County, Tennessee, and the Tennessee State School Bond Authority in an aggregate principal amount of not to exceed $21,760,000 (Twenty-one Million Seven Hundred Sixty Thousand and 00/100 Dollars). The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-568

An ordinance amending Chapter 5.10 of the Metropolitan Code, Public Art Financing, to require that a portion of the general obligation bond proceeds designated for public art be expended throughout the geographic area of the Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2009-569

An ordinance amending Section 2.62.040 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a Special Events permit. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2009-570

An ordinance approving a lease between The Metropolitan Government of Nashville and Davidson County and the Hickory Hollow Mall Limited Partnership for space to operate a new WIC Clinic (Proposal No. 2009M-019PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2009-571

An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $4,900.00, plus reimbursement of training costs for Emergency Communications personnel. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Safety-Beer and Regulated Beverages and Public Works Committees by a voice vote of the Council.

BILL NO. BL2009-572

An ordinance abandoning a 10 inch water line and easement and an 8 inch water line and easement and accepting a replacement of an 10 inch water line and easement, that is shown on Map 104-12, Parcels 307, 312, & 352, Project 09-WL-0013, Belmont Resident Hall #4, E Belmont Circle, 1900 Belmont Boulevard, and 1515 Wedgewood Avenue and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2009M-046ES-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. BL2009-545

An ordinance amending Title 5 of the Metropolitan Code of Laws to authorize a privilege tax on the sale of tickets to events at the municipal stadium. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities 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. BL2009-546

An ordinance amending Title 10 of the Metropolitan Code pertaining to the storage and disposal of scrap tires. The bill was approved by the Budget and Finance and Public Works 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. BL2009-547

An ordinance amending Title 12 of the Metropolitan Code pertaining to the restriction of parking near fire hydrants. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee; the Traffic and Parking Committee recommended deferment. Mr. Mitchell moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-548

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2009-2010. The bill was approved by the Budget and Finance Committee. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-549

An ordinance approving a new contract in lieu of performance bond between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, for the maintenance of the closed, Thermal Ash Monofill solid waste facility, combining the previously separated Thermal Ash Landfill Phase II and Thermal Ash Landfill Phase III contracts in lieu of performance bonds into one contract. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-550

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and the owner of 4906 Colorado Avenue, granting easement rights for property located adjacent to 4906 Colorado Avenue, Nashville, Tennessee (Planning No. 2009M-089ES-001). The bill was approved by the Planning Commission, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-551

An ordinance authorizing the Director of Public Property Administration, or his designee, to accept, execute and record a quitclaim deed from the State of Tennessee, acting by and through the Commissioner of Transportation, to the Board of Parks and Recreation of The Metropolitan Government of Nashville and Davidson County for a certain parcel of property with improvements consisting of an old steel truss bridge on Lebanon Road crossing Stones River (Proposal No. 2009M-016PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2009-521

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 CN to SP zoning for property located at 1516 Ordway Place, at the southwest corner of Ordway Place and North 16th Street (0.12 acres), to permit a two-story mixed-use building with six residential dwelling units and 1,167 square foot of commercial/office spaces, located within the Five Points Redevelopment District and the Lockeland Springs Neighborhood Conservation Overlay, all of which is described herein (Proposal No. 2009SP-012-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

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. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

BILL NO. BL2009-540

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 June 10, 2009. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

BILL NO. BL2009-541

An ordinance to approve an affiliation agreement by and between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County to provide student clinical instruction and training with Davidson County Community Corrections. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

BILL NO. BL2009-542

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project Number 06-SL-78/06-WL-75, Nashville Commons at Skyline Revision 1, 4100 Saunders Avenue (Proposal No. 2009M-016ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

BILL NO. BL2009-543

An ordinance abandoning an 8 inch water line and easement and accepting a replacement 8 inch water line and easement, that is shown on Map 108, Parcel 66.00, Project 08-WL-0081, Tari, Phase 1, Airport Authority, 1 Terminal Drive, and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2008M-008U-13). 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

BILL NO. BL2009-544

An ordinance authorizing the Metropolitan Government to participate with Patricia A. Wahl to provide public sewer service in Williamson County to Wahl Property, Project No. 08-SL-68. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-1009

A resolution requesting the Director of the Metropolitan Parks and Recreation Department to provide the Council with a list of rural and/or isolated parks and greenways for purposes of a possible exemption from the prohibition on carrying handguns. The resolution was approved by the Parks, Library and Recreation Committee. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

RESOLUTION NO. RS2009-1010

A resolution expressing the Metropolitan Council’s desire that its members be allowed sufficient time after the upcoming holiday season to conduct public meetings with neighborhood associations, civic organizations, and business groups regarding any bond resolutions or other legislative actions that approve financing for the construction of a new municipal convention center. The resolution was approved by the Convention, Tourism and Public Entertainment Facilities Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (37); “Noes” (0); “Abstaining” Todd (1).

RESOLUTION NO. RS2009-1011

A resolution encouraging the Metropolitan Department of Water and Sewerage Services and the Department of Public Works to give written notice to satellite cities of road cuts within their jurisdictions and to post an adequate bond to ensure road repairs are made. The resolution was approved by the Public Works Committee. Mr. Todd moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, 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 (38); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.