|
Minutes Metropolitan Council Meeting |
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 Joseph Patrick Breen of St. Edward Church.
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, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and Neighbors (40); Absent: Gilmore (1).
The Minutes of the regular meeting of April 20, 2010, were approved.
Without objection, the Rules were suspended for consideration of consent agenda resolutions from the May 4, 2010 agenda.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Dr. David Kidd, on the occasion of his retirement as pastor of Hillsboro Presbyterian Church.
A resolution recognizing Pastor Ronnie T. Mitchell of New Livingstone Baptist Church and the upcoming dedication of their new expansion.
A resolution congratulating Coach Kevin Stallings on winning the Southeastern Conference Coach of the Year Award and recognizing the 2009-2010 Vanderbilt University Commodores Men’s Basketball team.
A resolution recognizing the Metropolitan Nashville Public Schools 2011 Teacher of the Year from each tier – elementary, middle and high school.
A resolution recognizing the Metropolitan Nashville Public Schools 2011 Principal of the Year from each tier - elementary, middle and high school.
A resolution recognizing May 6, 2010, as National Day of Prayer.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- PROPOSED RULES AMENDMENTS -
The following proposed amendment to the Rules of Procedure of the Metropolitan Council was considered.
The 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) are hereby amended 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 a vote of the Council.”
The Rules-Confirmations-Public Elections Committee made no recommendation. Mr. Gotto moved to pass the amendment, which motion was seconded and failed the following vote of the Council: “Ayes” Tygard, Gotto, Burch, Claiborne, LaLonde, Hodge, Toler (7); “Noes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Stanley, Page, Moore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Todd, Mitchell (26)’ “Abstaining” Hollin, Crafton, Coleman, Duvall (4).
The following proposed amendments to the Rules of Procedure of the Metropolitan Council was distributed and will be considered at the next regular meeting of Council:
1. Rule 1 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 “13. Memorializing resolutions” from the regular order of business.
2. Rule 8 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 second paragraph in its entirety and substituting with the following new paragraph:
“Members of Council shall be prohibited from filing non-binding resolutions other than honorarium resolutions as provided in Rule 24. For purposes of these rules, “non-binding resolutions” include, but are not limited to, resolutions expressing the Council’s desire or position on an issue, and resolutions requesting action or information.”
- ELECTIONS AND CONFIRMATIONS -
Action Commission
Appointment of Mr. Leon Berrios 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.
Arts Commission
Appointment of Mr. Howard Stringer for a term expiring January 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.
CATV Special Committee
Reappointment of Mr. Tim Garrett 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.
Board of Equalization
Reappointment of Mr. Peter Westerholm for a term expiring April 1, 2012. 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
Reappointment of Ms. Debra Owens for a term expiring March 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.
Human Relations Commission
Reappointment of Ms. Iris Buhl for a term expiring April 18, 2013. At the request of the nominee, the confirmation was deferred.
Appointment of Mr. Don Peterson for a term expiring April 18, 2013. At the request of the nominee, the confirmation was withdrawn.
Reappointment of Mr. Scott Ridgway for a term expiring April 18, 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.
Reappointment of Ms. Patricia Totty for a term expiring April 18, 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.
Nashville Education, Community, and Arts Television Corporation (NECAT)
Appointment of Ms. Celeste Wilson 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.
Public Library Board
Reappointment of Ms. Brenda Wynn for a term expiring April 6, 2017. 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.
Social Services Commission
Appointment of Mr. William Sinclair for a term expiring April 3, 2015. 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. Patrick Willard for a term expiring April 3, 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.
- RESOLUTIONS -
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
Resolution authorizing the execution, terms, issuance, sale and payment of general obligation improvement and refunding bonds in multiple series in the aggregate principal amount of not to exceed $775,000,000. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, McGuire, Adkins, Foster, Dominy, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” Crafton, Evans, Hodge (3).
A resolution authorizing the submission of a Foreign-Trade Zones Site Expansion Application for the Metropolitan Government as Grantee for Foreign Trade Zone # 78. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution appropriating $550,000 in Community Development Block Grant Funds for sidewalks, custom neighborhood signage and park improvements in the Bordeaux Hills Neighborhood Strategy Area. The Federal Grants Review Committee recommended indefinite deferment. Mr. Matthews moved to defer the resolution indefinitely so that MDHA can explore the possibility of utilizing a portion of the funds for flood relief projects, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating $65,000 in Community Development Block Grant Funds for installation of bus stop benches and installation of a community garden in the Chestnut Hill Neighborhood. The Federal Grants Review Committee recommended indefinite deferment. Ms. Moore moved to defer the resolution indefinitely so that MDHA can explore the possibility of utilizing a portion of the funds for flood relief projects, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving an application for a Justice and Mental Health Collaboration Program Grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to reduce recidivism rates among felony offenders with mental health and substance abuse disorders. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving an application for an Arts Build Communities Grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, to conduct arts projects in Davidson County. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving an application for the Governor’s Highway Safety – Alcohol Saturation Grant from the State of Tennessee, Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to enhance DUI enforcement on weekends and some major holidays. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution accepting a grant from the National Sheriffs’ Association (NSA) on behalf of the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, for an iris biometric identification system. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution accepting a grant/approving a cooperative agreement between the U.S. Department of Homeland Security and The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to enhance the nation’s port and maritime infrastructure to prevent, respond to, and recover from threats of terrorism. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Acme Auto Leasing for the lease of a vehicle for the Metropolitan Nashville Police Department gang unit pursuant to grant funding. 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, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving Cooperative Agreement No. 10E4TN25250026 with the United States Department of the Interior - United States Geological Survey for the continuation of a program for FY2011 to operate and maintain an ADVM gauge on the Cumberland River and water quality monitors and streamflow gauges on several streams in Davidson County. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving an agreement by and between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, for the construction of 3,200 linear feet of sidewalk and bikeways along Harding Place, PIN Number 111998.00. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the purpose of providing a summer enrichment program for the neighborhood children of the Cleveland Park Community Center. The resolution was approved by the Federal Grants Review and Parks, Library and Recreation Committees; the Budget and Finance Committee recommended deferment. Mr. Matthews moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving a grant from the Friends of Centennial Park and the 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. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
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, for the provision of immunization program activities and staffing. 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, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Matthew Walker Comprehensive Health Center, Incorporated, for a licensed clinical social worker to provide initial behavioral health evaluations for all new Healthy Start Program participants. 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, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
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 food safety services to Davidson County residents and to conduct surveys as required. 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, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Philip Beisswenger. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Maury Santulli. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Emmanuel C. Akre against The Metropolitan Government of Nashville and Davidson County in the amount of $19,500.00, and that said amount be paid out of the Self-Insured Liability Fund. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal property claim of Arnold Bailey against The Metropolitan Government of Nashville and Davidson County for $12,684.18. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Edna Tomlin asserted against the Metropolitan Government of Nashville and Davidson County for the total amount of $9,400.00, 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. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution approving Amendment Three 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. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
Mr. Duvall requested a suspension of the Rules to call up the following four (4) bills for action.
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 an Urban Design Overlay (UDO) district to be known as the "Fawn Crossing UDO" to properties located at 6052 Mt. View Road and at Hamilton Church Road (unnumbered) and for properties located along Shady Tree Lane and Apple Orchard Trail, zoned RS10 (107.69 acres), to apply building design standards to all residential lots within the proposed and already-developed sections of the Fawn Crossing Subdivision, all of which is more particularly described herein (Proposal No. 2010UD-001-001). Mr. Duvall moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
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 an Urban Design Overlay (UDO) district to be known as the Harvest Grove UDO to properties located along Grovedale Trace, Gracewood Grove, Harvest Grove Drive, Millbridge Bay, and Rockglade Run, north of Pin Hook Road, zoned RS10 (77.69 acres), all of which is more particularly described herein (Proposal No. 2010UD-005-001). The bill was disapproved by the Planning Commission. Mr. Duvall moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
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 an Urban Design Overlay (UDO) district to be known as the Hamilton View UDO to properties located along Hamilton Lane, Lipton Lane, Forest Breeze Drive, and Lake Towne Drive, north of Hamilton Church Road, zoned RS10 (13.42 acres), all of which is more particularly described herein (Proposal No. 2010UD-004-001). Mr. Duvall moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
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 an Urban Design Overlay (UDO) district to be known as the Keeneland Downs UDO to properties located along Buckpasser Avenue, Buckpasser Court, Backstretch Boulevard, Secretariat Drive, and Seabisquit Drive, south of Hamilton Church Road, zoned RS10 (16.59 acres), all of which is more particularly described herein (Proposal No. 2010UD-003-001). Mr. Duvall moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
Mr. Crafton requested a suspension of the Rules to call up the following bill for action.
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 R20 to CS zoning for property located at 7552 Sawyer Brown Road, on the south side of I-40 adjacent to Sam's Club (4.29 acres), all of which is described herein (Proposal No. 2010Z-008PR-001). The bill was approved by the Planning Commission. Mr. Crafton moved to defer the bill to the July public hearing so that proper notice could be given, the bill being requested by Bancorp South, which motion was seconded and adopted by a voice vote of the Council.
At this time the regular order of business was resumed.
An ordinance amending Title 16 of the Metropolitan Code of Laws by amending portions of the adopted building and mechanical codes. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance approving a license agreement between Vanderbilt University Medical Center and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers’ Market, for certain real property located at 201 25th Avenue South, Nashville, Tennessee, 37240, commonly known as the courtyard between Langford Auditorium and Vanderbilt University Medical Center, Nashville, Tennessee. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.
An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and the Tennessee Sheriffs’ Association to provide enhanced victim notification services. 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.
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 43rd Avenue North and a portion of Alley No. 1203 (Proposal No. 2010M-003AB-001). The bill was approved by the Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2011. 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.
An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2010-2011, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to section 6.07 of the Metropolitan Charter. 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.
An ordinance creating and enacting Chapter 6.74 of the Metropolitan Code of Laws to regulate motorized, non-taxi passenger vehicles for hire. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance; Convention, Tourism and Public Entertainment Facilities; Public Safety-Beer and Regulated Beverages;and Transportation and Aviation Committees by a voice vote of the Council.
An ordinance establishing a litter fee for certain individuals convicted of driving under the influence. 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.
An ordinance amending Section 2.56, Article VIII, of the Metropolitan Code to create a separate traffic safety school and DUI school. 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. 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.
An ordinance adopting the Capital Improvements Budget and Program 2010-2011 through 2015-2016 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2010-2011. 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.
An ordinance waiving the first one thousand, three hundred dollars, ($1,300) of fees for building permits from the Codes Department of the Metropolitan Government, for up to one hundred thousand dollars ($100,000) of repairs or rebuilding, when sought for repairing or rebuilding property damaged as a result of the severe weather from May 1 to May 2, 2010, if such permits are obtained on or before July 30, 2010. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.
An ordinance abolishing the Metropolitan Government’s Convention Center Commission by repealing Chapter 2.124 of the Metropolitan Code of Laws and approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Convention Center Authority of the Metropolitan Government for administrative, financial, operational, and management services and appropriating compensation to the Finance Department. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees by a voice vote of the Council.
An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance authorizing the Director of Parks and Recreation to accept, execute and record an agreement for grant of easement in favor of the Metropolitan Government for use in connection with development of the Harpeth River Greenway (Proposal No. 2010M-024ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library and Recreation and Planning, Zoning and Historical 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 Peabody Street (Proposal Number 2010M-006AB-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.
An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to provide a refund of the zoning application fee if an applicant’s proposal is not enacted by the Metropolitan Council, all of which is more specifically described herein (Proposal No. 2010Z-012TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
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 withdrawal. Mr. Stanley moved to withdraw the bill so that an amendment to the Riverwood UDO could be drafted to address the issue, which motion was seconded and adopted by a voice vote of the Council.
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 bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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. The bill was approved by the Budget and Finance, Public Safety-Beer and Regulated Beverages Committees. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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, Public Works and Planning, Zoning and Historical Committees. Mr. Baker 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 15.04 and Chapter 15.60 of the Metropolitan Code of Laws relating to industrial waste discharges. The bill was approved by the Public Works Committee. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
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. Mr. Jernigan 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, 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, Mitchell (38); “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 further discussion with all parties could occur, 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 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, 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, Mitchell (38); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Toler, Coleman, Todd, Mitchell (32); “Noes” Dominy, Hodge (2); “Abstaining” Bennett (1).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “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 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. McGuire 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “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 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “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 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution requesting the CATV Special Committee to negotiate a cable television service discount for senior and disabled citizens as part of the Comcast franchise renewal process. The Personnel-Public Information-Human Relations-Housing Committee recommend indefinite deferment. Mr. Ryman moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution encouraging cable, video and satellite service providers to provide service discounts for seniors and disabled citizens. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0); “Abstaining” Hollin (1).
A resolution recognizing the continuing status of the area within the City of Lakewood as being part of the General Services District of the Metropolitan Government and memorializing the Metropolitan Council’s intent not to annex the area into the Urban Services District in the event the City of Lakewood surrenders its Charter. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Jernigan moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.