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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
President Pro Tempore McGuire presided in the absence of President Neighbors.
The invocation was offered by Councilman Darren Jernigan.
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, Hollin, 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 and Mitchell (40); Absent: Neighbors (1).
The Minutes of the regular meeting of February 2, 2010, were approved.
- ELECTIONS AND CONFIRMATIONS -
Industrial Development Board
Notice was given by the President of one vacancy on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County, which vacancies by law are to be filled by the Council. Nominations will be taken at the meeting of March 2, 2010, and an election held to fill the vacancy on March 16, 2010.
Arts Commission
Reappointment of Mr. Jeff Obafemi Carr for a term expiring January 1, 2014. 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 Dr. Kimberley LaMarque for a term expiring January 1, 2014. 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.
Fire & Building Code Appeals Board
Reappointment of Mr. Randall Barnes for a term expiring February 1, 2014. 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.
Gas/Mechanical Examiners Appeals Board
Reappointment of Mr. T. J. McDaniel for a term expiring January 20, 2014. 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. John Wimberly for a term expiring August 21, 2014. 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.
Historical Commission
Appointment of Mr. Don Cusic for a term expiring February 2, 2014. 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.
Human Relations Commission
Appointment of Rev. Vincent K. Campbell for a term expiring February 2, 2013. 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.
Metropolitan Development and Housing Agency
Appointment of Mr. Arnett Bodenhamer for a term expiring November 5, 2014. 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.
Sports Authority
Appointment of Ms. Kim Adkins for a term expiring February 17, 2016. Ms. Adkins will represent the 2nd School District. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a voice vote of the Council, with Mr. Adkins abstaining.
Appointment of Mr. Alfonzo Alexander for a term expiring February 17, 2016. Mr. Alfonzo will represent the 6th School District. 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.
Reappointment of Mr. J. D. Elliott for a term expiring February 17, 2016. Mr. Elliott will represent the 5th School District. 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 –
SUBSTITUTE RESOLUTION NO. RS2010-1109
A resolution approving an Intergovernmental Agreement Amendment by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Nashville Hospital Authority to change the Metropolitan Nashville Hospital Authority employee benefits system. The Budget and Finance, Health, Hospitals and Social Services and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
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 indefinite deferment. Mr. Tygard moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
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 indefinite deferment. Mr. Forkum moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County (Tennessee) in an aggregate principal amount of not to exceed Three Million Five Hundred Thousand 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
A resolution appropriating the amount of $10,917,600.00 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 Parks, Library and Recreation, Personnel-Public Information-Human Relations-Housing and Public Works Committees; the Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Mr. Steine moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution accepting a grant from the Cities of Service to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Mayor’s Office, to support the position of Chief Service Officer to lead local efforts to develop and implement a comprehensive service plan on behalf of the Mayor. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
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 services in collaboration with the Nashville Area Chamber of Commerce to conduct a targeted labor market opportunities study (LW09P074ADSWA08). 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
A resolution approving an intergovernmental agreement between the United States Department Marshals Service (USMS), and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to investigate and apprehend local, state, and federal fugitives. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with the City of Millersville for the acceptance and treatment by The Metropolitan Government of Nashville and Davidson County of sewage flow from the City of Millersville’s sewage collection system. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
A resolution approving an amendment to a contract between The State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Public Works, for the widening of Central Pike, Contract No. 98-391. 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, Hollin, 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).
A resolution accepting a grant from the Friends of Warner Parks to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks Department, to provide staffing for the Warner Parks Center, Waterer Program, and SWEAT Program for additional labor for summer maintenance. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution approving Amendment Two 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. Tygard 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, Hollin, 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).
- BILLS ON INTRODUCTION AND FIRST READING -
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 September, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 15.04 and Chapter 15.60 of the Metropolitan Code of Laws relating to industrial waste discharges. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.
An ordinance amending Chapter 15.64 of the Metropolitan Code of Laws relating to storm water management rules and regulations. 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.
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 Shelby Avenue (Proposal Number 2010M-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 -
An ordinance restricting the use of Metropolitan Government-owned property commonly known as the Tennessee State Fairgrounds. The Budget and Finance and Codes, Fair and Farmers Market Committees recommended deferment. Mr. Crafton moved to defer the bill to the first meeting in April, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to prohibit holders of revoked licenses or permits from operating within Davidson County even on an occasional basis and require approval of the Metropolitan Transportation Licensing Commission prior to performance of nonconsent tows. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 16.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a permit for the erection of a temporary structure. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Jernigan moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
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 Brighton Road (Proposal No. 2009M-009AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission and Planning, Zoning and Historical Committee; the Public Works and Traffic and Parking Committees recommended deferment. Mr. Holleman moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 10 foot 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, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2855 Logan Street, 2050 Lucas Lane, Lucas Lane, 1st Avenue North, 2nd Avenue North, 1512 2nd Avenue North, 234 B Davenport Drive, 3183 Hamilton Church Road, Century Boulevard, 1318 Baptist World Center Drive, 1715 Broadway, 4200 Kenilwood Drive, 7102 Highway 70 South, 1007 Murfreesboro Pike, 331 Great Circle Road, 201 North 8th Street, 714 Ramsey Street, 2300 Patterson Street, 3822 Cleghorn Avenue, 2126 Abbott Martin Road, 5144 Hickory Hollow Parkway, 19 Hart Street, 6604 Charlotte Pike, and 100 Airpark Center East. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Langster 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 -
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, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Mitchell moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to the starting of parked vehicles. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
SUBSTITUTE BILL NO. BL2010-614
An ordinance amending Chapters 6.08 and 6.10 of the Metropolitan Code of Laws pertaining to the organizational structure governing the provision of education, community, and arts television programming. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
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 August 24, 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, 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).
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 Alley No. 1609 (Proposal No. 2009M-008AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Harrison 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, Hollin, 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).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of McLemore Street to “YMCA Way” (Proposal No. 2009M-004SR-001). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, LaLonde, Gilmore, Baker, Langster, Crafton, Adkins, Foster, Dominy, Wilhoite, Toler, Mitchell (28); “Noes” (0); “Abstaining” Steine, Matthews, Forkum, Ryman, Moore, Evans, Holleman, Hodge, Coleman, Duvall, Todd (11)
- MEMORIALIZING RESOLUTIONS -
A resolution encouraging Mayor Karl Dean to include appropriate funding for the Excessive Vegetation Growth Program as part of the proposed fiscal year 2010-2011 operating budget for the Metropolitan Government. The resolution was approved by the Codes, Fair and Farmers Market and Health, Hospitals and Social Services 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, Hollin, 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).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation that allows constructive notice to be given to owners of property who are in violation of building codes and/or health codes. The resolution was approved by the Codes, Fair and Farmers Market Committee. 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, Hollin, 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.