Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, April 20, 2010


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 Phil Claiborne.

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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, and Mitchell (38); Absent: Steine, Gilmore, Neighbors (3).

The Minutes of the regular meeting of April 6, 2010, were approved.

- PROPOSED RULES AMENDMENT -

The following proposed amendment to the Rules of Procedure of the Metropolitan Council was considered:

By adding the following new Rule 47 and renumbering the remaining rules accordingly.

47. Use of Member of Council letterhead

Members of Council shall not use the generic Member of Council letterhead provided by the Council Office in correspondence concerning matters of public policy for which legislation is pending, or which may result in future Council legislation. Rather, such correspondence shall be on a Council Member’s personalized letterhead. If a Member of Council does not have personalized letterhead, or if more than one Member of Council has placed his/her signature on the correspondence, such correspondence shall include a disclaimer in bold print at the bottom of the letter stating that, “the views, thoughts, and/or opinions contained in this letter do not necessarily reflect those of all Members of Council.”

The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Gotto moved to defer the amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Appointment of Mr. Leon Berrios for a term expiring February 2, 2013. At the request of the nominee, the confirmation was deferred.

Appointment of Ms. Kasey Dread for a term expiring April 30, 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.

CATV Special Committee
Reappointment of Mr. Inman Otey for a term expiring March 1, 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.

Civil Service Commission
Reappointment of Ms. Jo Ann North for a term expiring March 31, 2015. 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.

Community Corrections Advisory Board
Reappointment of Ms. Janet Page for a term expiring October 1, 2011. Ms. Page will represent the State Board of Probation and Paroles. 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.

Board of Fair Commissioners
Reappointment of Mr. Ned Horton for a term expiring April 6, 2015. 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 and Building Code Appeals Board
Appointment of Mr. John Olert for a term expiring March 1, 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.

Nashville Education, Community, and Arts Television Corporation (NECAT)
Appointment of Ms. Luvenia Butler for a term expiring February 5, 2012. 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. Amy Hall for a term expiring February 5, 2012. 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 Mr. Keith Miles for a term expiring February 5, 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.

Appointment of Ms. Celeste Wilson for a term expiring February 5, 2013. At the request of the nominee, the confirmation was deferred.

Board of Parks and Recreation
Appointment of Mr. Charles McTorry for a term expiring March 30, 2011. Mr. McTorry will fill the unexpired term of Justice Adolpho A. Burch. 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.

Property Standards and Appeals Board
Appointment of Mr. Chris Harmon for a term expiring July 29, 2012. Mr. Harmon will fill the unexpired term of Mr. Carnell Scruggs. 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.

Transportation Licensing Commission
Appointment of Mr. Brian Winfrey for a term expiring April 30, 2012. Mr. Winfrey will fill the unexpired term of Mr. Duane McGray. 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.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1183

A resolution appropriating to certain accounts for the benefit of the Information Systems-PEG Studios, State Trial Courts, Parks and Recreation, Public Works, Hospital Authority, General Services Department-Office of Fleet Management, Police Department-Secondary Employment Unit, Nashville Farmers’ Market, Tennessee State Fair, and Codes Demolition Fund in the amount of Four Million, Five Hundred Ninety Three Thousand, Two Hundred Dollars ($4,593,200) from undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. The resolution was approved by the Budget and Finance; Codes, Fair and Farmers Market; Health, Hospitals and Social Services; Parks, Library and Recreation; Personnel-Public Information-Human Relations-Housing; Public Safety-Beer and Regulated Beverages; and Public Works Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1184

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 make resources available for Lennox Hearth Products to support its new and existing employees and create 38 new jobs (LW09P084FTSWA09). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1185

A resolution approving an intergovernmental agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to establish procedures for the exchange of law enforcement information and cooperation in law enforcement efforts. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1186

A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to provide safeguards to prevent the use or disclosure of protected health information. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1187

A resolution accepting an ARRA Communities Putting Prevention to Work Grant agreement from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide a community wide initiative to reduce obesity. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Baker, Langster, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Todd, Mitchell (33); “Noes” Hodge, Duvall (2); “Abstaining” Crafton (1).

RESOLUTION NO. RS2010-1188

A resolution appropriating certain 2010-2011 Housing and Community Development funds. 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, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1189

A resolution accepting a grant agreement from the Tennessee Housing Development Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Development and Housing Agency, for the Homeless Prevention and Rapid Re-Housing Program (HPRP). The resolution was approved by the Federal Grants Review Committee with an amendment. Ms. Moore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Moore moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1190

A resolution authorizing the Metropolitan Department of Law to compromise and settle Steve Scales’, Reginald Scales’, Darlene Scales’, Tirell Scales’ and Sylvia Campbell’s claims against The Metropolitan Government of Nashville and Davidson County for the total amount of $243,000.00, and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Hodge, Toler, Todd, Mitchell (34); “Noes” (0); “ Abstaining” Coleman, Duvall (2).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-676

An ordinance approving a donation agreement between Rhonda A. Martocci and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the donation of one Tennessee Walking Horse, The Autobahn. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2010-677

An ordinance repealing BL2009-453 in its entirety and adopting an ordinance abandoning a 21 inch sanitary sewer line and easement and accepting a relocated 21 inch sanitary sewer line and easement and three manholes in connection with Project 08-SL-0093, Hill Center, 6604 and 6616 Charlotte Pike, shown on Map 102, Parcels 33 and 53, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-229U-7). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2010-678

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.

- BILLS ON SECOND READING -

BILL NO. BL2007-64

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 pertaining to the approval of urban design overlay districts, all of which is more particularly described herein (Proposal No. 2007Z-178T). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Stanley moved to defer the bill while he works with the Planning Department on a proposed amendment, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-622

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 bill was approved by the Codes, Fair and Farmers Market Committee with an amendment. Mr. Jernigan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jernigan 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. BL2010-649

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to allow the operator of a wrecker who is operating a wrecker for an emergency wrecker service licensed by the Metropolitan Transportation Licensing Commission to use a yellow rotating beacon under certain conditions prior to reaching the location of the incident. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-650

An ordinance amending Chapters 12.44 and 13.40 of the Metropolitan Code to provide notice to disabled drivers of the state law prohibition on parking charges. The Budget and Finance, Public Works and Traffic and Parking Committees recommended deferment. Mr. Gotto moved to defer the bill to the first meeting in June, for a recommendation from the Traffic and Parking Commission and discussion with the Downtown Partnership, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-651

An ordinance amending Section 16.24.330 of the Metropolitan Code pertaining to the parking of large trucks and buses on residential property. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Jernigan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-652

An ordinance amending Section 16.24.380 of the Metropolitan Code to allow the use of alternative forms of lighting in the common halls and stairways of residential occupancies. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Jameson moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-653

An ordinance authorizing the Metropolitan Government to participate with Regent Highpoint LLC to provide public sewer service in Davidson County to Project No. 08-SL-58. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-654

An ordinance authorizing the acceptance or 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 07-SG-0182, Mill Creek Parallel Sewer. Easement 1-1 is in common area, map and parcel 90000001245, easement 1-2 is on Hickory Park Drive, and easement 1-3 is on Claybrook Lane (Proposal No. 2010M-013ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-655

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 Crestview Drive (Proposal No. 2010M-002AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-656

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 Saundersville Road (Proposal No. 2010M-005AB-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. Jernigan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-657

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way and easements on a portion of Hill Avenue (Proposal No. 2010M-004AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Page 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. BL2010-627

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 making applicable the provisions of a preliminary approval for the Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-005-001). The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Petitions were filed in opposition to the bill. Mr. Matthews offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Matthews moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2010-628

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, all of which is more particularly described herein (Proposal No. 2007SP-057-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2010-634

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to “Construction/Demolition Landfill” in Nashville and Davidson County (Proposal No. 2010Z-003TX-001), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

SUBSTITUTE BILL NO. BL2010-637

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to “Recycling Facility” in Nashville and Davidson County (Proposal No. 2010Z-007TX-001), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to defer the bill on third reading so that work on the bill can continue, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2010-639

An ordinance amending Chapter 15.64 of the Metropolitan Code of Laws relating to storm water management, rules and regulations. 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, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2010-642

An ordinance amending Title 2 of the Metropolitan Code of Laws by amending Sections 2.76.130, 2.80.090, 2.84.120 and 2.92.120 relating to the filing fees for appeals to various boards and amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.12.240, 16.16.400, 16.16.480, 16.20.250, 16.20.260, 16.24.650, 16.28.110 and 16.28.140 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, examination of plans, refunds, as well as administrative fees and other fees charged by the Department of Codes Administration. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Stanley, Page, Moore, LaLonde, Baker, Langster, Evans, Holleman, Adkins, Wilhoite, Hodge, Toler, Coleman, Mitchell (27); “Noes” Garrett, Tygard, Craddock, Gotto, Foster, Dominy, Duvall, Todd (8); “Abstaining” Claiborne, Crafton (2).

SECOND SUBSTITUTE BILL NO. BL2010-645

An ordinance amending ordinance No. O95-1379 and approving an extension to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2010-646

An ordinance abandoning a 19.5 foot public utility easement, a 20 foot sanitary sewer easement, and a 4,491.74 total square foot public utility easement in connection to Project 10-AB-0001, 2312 Clifton Avenue, shown on Map 92-11, Parcel 386.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-015ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committee. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2010-1191

A resolution expressing support for the Tennessee Healthcare Freedom Act. The Health, Hospitals and Social Services Committee made no recommendation. Mr. Gotto moved to adopt the resolution, which motion was seconded and failed by the following vote: “Ayes” Craddock, Bennett, Gotto, Burch, Claiborne, Crafton, Dominy, Hodge, Duvall (9); “Noes” Barry, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Ryman, Jernigan, Stanley, Page, Moore, LaLonde, Baker, Langster, Evans, Holleman, Adkins, Wilhoite, Toler, Coleman, Mitchell (23); “Abstaining” Tygard, Forkum, Foster (3).

Without objection, the rules were suspended for consideration of two (2) late resolutions.

RESOLUTION NO. RS2010-1192

A resolution recognizing the YWCA of Nashville & Middle Tennessee for their efforts in standing against racism. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Holleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2010-1193

A resolution recognizing the month of April as Civitan Awareness Month. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hodge moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (35); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.