Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, December 15, 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 Father Charles Strobel.

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, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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: Maynard, Stanley (2).

The Minutes of the regular meeting of December 1, 2009, were approved.

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Ms. Donna Grayer for a term expiring November 4, 2011. 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.

Reappointment of Mr. Charles Scott for a term expiring November 4, 2011. 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.

Farmers Market Board
Appointment of Dr. Alicia Batson for a term expiring May 5, 2011. Dr. Batson will fill the unexpired term of Ms. Anna Parson-Elsberry. 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.

Solid Waste Regional Board
Appointment of Mr. Michael Pearigen for a term expiring December 15, 2010. Mr. Pearigen will fill the unexpired term of Mr. David 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.

Work Release Board
Reappointment of Mr. Don Purdy for a term expiring January 1, 2012. At the request of the nominee, the confirmation was deferred.

Reappointment of Ms. Dorcas Sheffield for a term expiring January 1, 2012. At the request of the nominee, the confirmation was deferred.

- BILLS ON PUBLIC HEARING AND THIRD READING -

Without objection Bill Nos. BL2009-579 and BL2009-580 were considered together.

BILL NO. BL2009-579

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located on Whites Creek Pike, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2009-580

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located on Whites Creek Pike, all of which is more particularly described herein. The bill was approved by the Planning, Zoning and Historical Committee.

Mr. Hunt requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and no one came forward to be heard. The President declared the public hearing closed. Mr. Hunt moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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 Bill Nos. BL2009-581 and BL2009-582 were considered together.

BILL NO. BL2009-581

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain properties located within the Golden Oak subdivision on Saunders Avenue, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2009-582

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located within the Golden Oak subdivision on Saunders Avenue, all of which is more particularly described herein. The bill was approved by the Planning, Zoning and Historical Committee.

Mr. Craddock requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and no one came forward to be heard. The President declared the public hearing closed. Mr. Craddock moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2009-1068

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Sheriff’s Department, to support DUI arrests by creating a mobile booking station to be located near DUI checkpoints. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1069

A resolution approving an intergovernmental agreement by and between the United States Immigration and Customs Enforcement and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for reimbursement of expenses related to Operation SLOT. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Baker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1070

A resolution accepting an incentive 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 fund various programs and staff training (LW09F104NCSWA10). 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1071

A resolution approving an amendment to a grant from the Tennessee Department of Human Services to the Metropolitan Action Commission for the Low Income Home Energy Assistance Program (LIHEAP) to provide financial assistance with heating/cooling costs including funds available to leverage against non-federal sources for eligible customers. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1072

A resolution approving a grant and amendment one to the grant from the Friends of Centennial Park and Parthenon to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide funding for one employee’s salary. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1073

A resolution appropriating the amount of $300,000.00 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 Budget and Finance and Parks, Library and Recreation Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1074

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Alyssa Poland against The Metropolitan Government of Nashville and Davidson County for $8,297.00. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1075

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Sheila Stevenson against The Metropolitan Government of Nashville and Davidson County for $23,000.00. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1076

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against AGI Transportation, Incorporated. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1077

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s claim against Kamal M. Sergeyous. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1078

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Trina Underwood. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1082

A resolution accepting an American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant from the Supreme Court of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County to provide an evacuation chair to be used to take a disabled person down stairs in the event of an emergency. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. BL2009-606

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to the outdoor sale or gifting of animals. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by a voice vote of the Council.

BILL NO. BL2009-607

An ordinance granting a franchise to Access Fiber Group, Inc., to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2009M-003FR-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 and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2009-608

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7393, Metro Water Services (MWS) Project Nos. 04-SG-097 and 04-WG-0083, with the State of Tennessee, Department of Transportation, Project No. 19021-2244-94, to relocate certain facilities, located on the public highway right-of-way, 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. BL2009-609

An ordinance abandoning a 10 inch public utility drainage easement in connection with Project 009-AB-0002, Forest Acres Abandonment, shown on Map 172, Parcel 133.00 and authorizing the execution of the documents to carry out said abandonment (Proposal No. 2009M-083ES-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 Committee by a voice vote of the Council.

BILL NO. BL2009-610

An ordinance abandoning an 8 inch sanitary sewer line and easement and accepting a relocated 8 inch sanitary sewer line and easement in connection with Project 08-SL-0100, Morning Star Missionary Baptist Church, shown on Map 105, Parcel 008.00, 19 Hart Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-079ES-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. BL2009-585

An ordinance restricting the use of Metropolitan Government-owned property commonly known as the Tennessee State Fairgrounds. The bill was disapproved by the Budget and Finance Committee; the Codes, Fair and Farmers Market Committee recommended deferment. Mr. Crafton moved to defer the bill to the second meeting in February, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-587

An ordinance to amend Titles 7, 11 and 13 of the Metropolitan Code relative to the creation of a new zoning district called the “Downtown Code” (DTC), which will replace the zoning district “Commercial Core” (CC) that is currently referenced in multiple Titles within the Metropolitan Code. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-599

An ordinance authorizing the Metropolitan Mayor to submit a five year Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. 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. BL2009-600

An ordinance amending Chapter 7.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a Caterer’s Beer Permit, a Special Events Beer Permit, or a Temporary Beer Permit. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Jernigan moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-601

An ordinance amending Section 12.40.070 of the Metropolitan Code to allow parking on both sides of certain narrow streets in the Old Hickory area. The Traffic and Parking Committee recommended deferment. Mr. Jernigan moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-602

An ordinance amending Chapter 16.08 of the Metropolitan Code to prohibit the issuance of a permit to move a house, building, or structure if the applicant or owner has been found guilty within the past twelve months of violating the Code provisions pertaining to the moving of houses. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Claiborne moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-603

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2009M-0030T-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-604

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of three tracts of real property located West of Old Hickory Boulevard, in the vicinity of Murfreesboro Road and Hobson Pike, further described as being a portion of Tax Map 175, land to be donated for the use and benefit of the Metropolitan Board of Parks and Recreation (Proposal No. 2009M-023PR-001). The bill was approved by the Planning Commission, Budget and Finance, Planning, Zoning and Historical Committees; the Parks, Library and Recreation Committee approved the bill with an amendment. Mr. Coleman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-605

An ordinance abandoning a 15 foot public utility easement which contains private sanitary sewer lines in connection with Project 09-SL-0029, East River Apartments Abandonment shown on Map 082-12, Parcel 013.00, 714 Ramsey Street, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-057ES-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works committee recommended deferment. Mr. Hunt moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2009-491

An ordinance amending Title 12 of the Metropolitan Code regarding commercial vehicles operating on local streets. The bill was approved by the Traffic and Parking Commission, Public Works and Traffic and Parking Committees. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. BL2009-570

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, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees. Petitions in opposition to the bill were filed for the record. Mr. Coleman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-575

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Old River Road Pike between River Road Pike and River Road Pike just southeast of Biggs Road, as “Horton Hollow Lane” (Proposal No. 2009M-003SR-001). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Mitchell moved to defer the bill to the second meeting in February, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-583

An ordinance granting a franchise to CenturyTel Fiber Company II, LLC, d/b/a Light Core, a CenturyTel Company, to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2009M-002FR-001). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0); “Abstaining” Wilhoite (1).

BILL NO. BL2009-584

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 08-WC-0015, Caldwell Lane, 1105 Glendale Lane, 4401 Scenic Drive, 4300 Scenic Drive, 4015 Lealand Lane, 965 Caldwell Lane, 811 Caldwell Lane, and 3915 Franklin Pike (Proposal No. 2009M-064ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1043

A resolution expressing the Metropolitan Council’s desire that MDHA delay all condemnation hearings and eminent domain proceedings related to the proposed Music City Center and associated hotel until the financing for the construction of the project is approved by the Metropolitan Council. The resolution was disapproved by the Budget and Finance Committee; the Convention, Tourism and Public Entertainment Facilities Committee recommended deferment. Mr. Jameson moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-1066

A resolution recognizing a set of guidelines recommended by the Neighborhood Resource Center for use in community meetings. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Jameson moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-1079

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly introduce and enact the necessary legislation to eliminate the ambiguities in the Guns in Parks law. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1080

A resolution endorsing the Metropolitan Government’s participation in the National League of Cities Prescription Discount Card Program. The resolution was approved by the Health, Hospitals and Social Services Committee. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, 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. RS2009-1081

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly introduce and enact the necessary legislation to repeal all of the state law provisions allowing local governments to create certain “Authorities” as quasi-governmental entities. The resolution was disapproved by the Rules Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and failed by the following vote: “Ayes” Harrison, Craddock, Hollin, Jameson, Gotto, Crafton, Evans, Dominy, Wilhoite, Coleman, Duvall (11); “Noes” Garrett, Barry, Tygard, Steine, Matthews, Hunt, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Hodge, Toler, Mitchell (25); “Abstaining” Claiborne, Todd (2).

Upon motion duly seconded, the meeting was adjourned.