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Minutes

Metropolitan Council Meeting
Tuesday, October 19, 2010


The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman Randy Foster.

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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (38); Absent: Jernigan, Burch, Langster (3).

The Minutes of the regular meeting of October 5, 2010, were approved.

- PROPOSED RULES AMENDMENT -

The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendment to the Rules of Procedure of the Metropolitan Council.

Rule 8 of the 2007-2011 Council Rules of Procedure (as amended) is hereby amended by deleting the first paragraph in its entirety and substituting with the following new paragraph:

A proposed ordinance or resolution may be introduced only by a Member or Members of the Metropolitan Council. The Metropolitan Clerk shall not accept a proposed ordinance or resolution for filing unless the original copy of the legislation has been signed by a Member of the Metropolitan Council, or a Member of the Metropolitan Council has submitted a physical or electronic written notice to the Metropolitan Council Office at least one hour prior to the filing deadline specified in Rule 11 to request that the particular proposed ordinance or resolution be filed with the Metropolitan Clerk using his or her digitized signature maintained by the Metropolitan Council Office for such purpose. A copy of the electronic written notice shall be filed with the Metropolitan Clerk along with the original copy of the legislation. “Electronic written notice" means an e-mail or other similar means that produces a record susceptible of retention under the record retention rules applicable to the Metropolitan Clerk. Such written notice shall be retained by the Metropolitan Clerk until the original of the legislation is signed by the Member of Council making the request. No action shall be taken by the Council on such resolution or ordinance unless and until at least one Member of Council has signed the original copy of the legislation as a sponsor.

Ms. Barry moved to adopt the amendment, 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- ELECTIONS AND CONFIRMATIONS -

Community Education Commission
No nominations were received for a non-profit adult literacy organization representative.

By nomination previously filed, Mr. Holleman submitted Mr. Bernard Pickney as a candidate for the Community Education Council position for a term expiring October 1, 2013. The Rules-Confirmations-Public Elections Committee reported that the candidate was interviewed and found qualified to serve. Mr. Holleman moved that Mr. Pickney be appointed by acclamation, which motion was seconded and adopted by a unanimous vote of the Council.

Health and Educational Facilities Board
The President called for nominations to fill two (2) vacancies on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Mr. McGuire nominated Mr. Stephen L. Meyer. There being no further nominations, the President declared nominations closed. The nominee was referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.

Charter Revision Commission
Reappointment of Mr. C. Dewey Branstetter Jr. for a term expiring September 4, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Farmers Market Board
Appointment of Mr. Joshua Smith for a term expiring May 5, 2011. Mr. Smith will fill the unexpired term of Mr. Bill Coke. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Gas/Mechanical Examiners Appeals Board
Reappointment of Mr. Kenny Watson for a term expiring August 21, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Human Relations Commission
Appointment of Mr. Fred Gill for a term expiring April 18, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- PUBLIC HEARINGS -

RESOLUTION NO. RS2010-1426

A resolution exempting Bella Napoli Pizzeria located at 1200 Villa Place from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Gilmore requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to the resolution. The President declared the public hearing closed. Ms. Gilmore 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

Without objection Bill Nos. BL2010-758 and BL2010-759 were considered together.

BILL NO. BL2010-758

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located in the Bellevue area along Old Hickory Boulevard between Interstate 40 and Highway 70 South, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2010-759

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located in the Bellevue area along Old Hickory Boulevard between Interstate 40 and Highway 70 South, all of which is more particularly described herein. The bill was approved by the Planning, Zoning and Historical Committee.

Ms. Evans requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and no one came forward to be heard. The President declared the public hearing closed. Ms. Evans moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0); “Abstaining” Tygard (1).

- RESOLUTIONS -

RESOLUTION NO. RS2010-1337

A resolution authorizing the Metropolitan Council Public Safety Committee to conduct an investigation regarding the loss of in-car camera video footage for approximately 1,600 police traffic stops. The resolution was approved by the Pubic Safety Committee. Mr. Tygard moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2010-1345

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Financial Marketing Concepts, Incorporated to provide a discount prescription card at no cost to the Metropolitan Government. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Bennett 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1412

A resolution approving the execution and delivery of an Intergovernmental Project Agreement (Convention Center Hotel Project) by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1413

A resolution accepting a 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, for general non-operating support to those well established Tennessee arts organizations which represent the highest level of quality programming and administration. The resolution was approved by the Budget and Finance Committee. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1414

A resolution to appropriate American Recovery and Reinvestment Act funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Early Head Start Program by funding a comprehensive child development program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1415

A resolution approving Amendment Three to a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Systech International, LLC for services relating to automobile emission testing. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Ms. Barry moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2010-1416

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and United Neighborhood Health Services to provide health care services at the Downtown Clinic. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1417

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Seton Corporation d/b/a Baptist Hospital, for the provision of Women, Infants, and Children (WIC) services to hospital participants. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1418

A resolution approving Amendment One to 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 provide implementation of the Career Readiness Certificate Program to assess the career readiness of job applicants (LW09F103CRSWA10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1419

A resolution approving Amendment Two to 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 provide the Skills Shortage Program in assisting older youth in Wilson County (LW09F105SSSWA10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1420

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, to establish Joint Apprenticeship Training Committee Programs for four companies in Davidson County (LW09P102APSWA11). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1421

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, to establish programs and deliver services to create temporary disaster relief employment to assist in the clean-up and restoration efforts as a result of Tennessee’s severe storms (LW09P101DWNEG10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1422

A resolution approving an application for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1423

A resolution accepting a grant between the U.S. Department of Homeland Security and The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to enhance the nation’s port and maritime infrastructure to prevent, protect, respond to, and recover from threats or acts of terrorism. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1424

A resolution approving an application for a 2011 Enhancement Program Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County for the Shelby Park Regional Greenway Connector. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Jameson 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

RESOLUTION NO. RS2010-1425

A resolution authorizing the Metropolitan Department of Law to compromise and settle its claims asserted against Kenneth Hudspeth, V. Johnson, LLC, and Vaughn K. Johnson. The resolution was approved by the Budget and Finance Committee. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-754

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 pertaining to cosmetology and barber shops as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2009Z-032TX-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.

BILL NO. BL2010-770

An ordinance amending the Metropolitan Code to assign certain duties and responsibilities to the Board of Fair Commissioners of The Metropolitan Government of Nashville and Davidson County. 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.

BILL NO. BL2010-786

An ordinance amending Section 17.04.060 by modifying the definitions of “cash advance”, “check cashing”, “pawnshop”, and “title loan”, all of which is more specifically described herein (Proposal No. 2010Z-021TX-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.

BILL NO. BL2010-787

An ordinance authorizing the exchange of vacant property for the purpose of acquiring land for recreational use by the Metropolitan Government (Proposal No. 2010M-011PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2010-733

An ordinance declaring surplus and approving the disposition by the Director of Public Property of real property known as Walter Stokes School (Proposal No. 2010M-006PR-001). The bill was approved by the Planning Commission. The Budget and Finance, Education and Planning, Zoning and Historical Committees recommended indefinite deferment. Mr. McGuire moved to defer the bill indefinitely based upon a report from Metro Schools, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-762

An ordinance amending Chapters 10.26 and 10.28 of the Metropolitan Code pertaining to the prosecution of offenders of the high weeds and excessive vegetation provisions in the Code. Mr. Hunt offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2010-762

An ordinance amending Chapter 10.28 of the Metropolitan Code pertaining to the prosecution of offenders of the high weeds and excessive vegetation provisions in the Code. The bill was approved by the Health, Hospitals and Social Services Committee. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-763

An ordinance amending Section 11.12.070 of the Metropolitan Code pertaining to noise in certain areas of downtown Nashville. The Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. Gilmore moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-768

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by accepting Hoggett Ford Road as a public road (Proposal No. 2010M-009PR-001). The Public Works Committee recommended indefinite deferment; the Planning, Zoning and Historical Committee recommended deferment to the second meeting in December. Mr. Stanley moved to defer the bill to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-769

An ordinance approving a license agreement between the Metropolitan Nashville Public Schools and the Hickory Hollow Mall Limited Partnership for certain space inside the Hickory Hollow Mall (Proposal No. 2010M-007PR-001). The bill was approved by the Planning Commission, Budget and Finance, Education 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.

- BILLS ON THIRD READING -

BILL NO. BL2010-760

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2010-2011. The bill was approved by the Budget and Finance Committee. Ms. Barry 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

BILL NO. BL2010-761

An ordinance amending Chapter 8.04 of the Metropolitan Code to authorize the presence of pet dogs in outdoor dining areas of restaurants. The bill was approved by the Health, Hospitals and Social Services Committee. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Todd (32); “Noes” Tygard, Craddock, Duvall (3).

BILL NO. BL2010-764

An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to Omni Nashville, LLC. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Ryman 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes” Craddock, Adkins (2).

BILL NO. BL2010-765

An ordinance authorizing the Metropolitan Water Services Department to submit application(s) for grants from the Tennessee Emergency Management Agency to the Metropolitan Government of Nashville and Davidson County for hazard mitigation, and the expenditure of funds and future acquisition of property upon approval of the Metropolitan Council by resolution. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Barry requested a suspension of the Rules for consideration of an amendment on third reading and no objection was made. Ms. Barry offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Barry moved to pass the bill on third reading as amended, 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

BILL NO. BL2010-766

An ordinance to clarify the status of former employees of the Metropolitan Convention Center Commission. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. 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, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

BILL NO. BL2010-767

An ordinance naming the Tucker Road Bridge over Whites Creek in honor of Robert Woods. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Matthews 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2010-1427

A resolution requesting the Federal Emergency Management Agency to conduct a review of the neighborhoods affected by the May 2010 flood to ensure all homeowners were treated fairly during the flood assessment and distribution of grant funds phase. The Budget and Finance Committee recommended deferment. Mr. Tygard moved for a suspension of the rules for consideration of the resolution and that the action of the Council serve as the report of the Committee of the Whole, which motion which motion was seconded and adopted without objection. 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2010-1428

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation to extend the sales tax relief program for qualified individuals affected by the May 2010 flooding. Mr. Tygard moved for a suspension of the rules for consideration of the resolution and that the action of the Council serve as the report of the Committee of the Whole. 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, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2010-1429

A resolution recognizing and welcoming the Coalition of Immokalee Workers’ Modern-Day Slavery Museum and their efforts to bring to light the continued struggle against slavery. 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” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes” (0).

Mr. Tygard requested that the Minutes of the meeting reflect those members present at the conclusion of the meeting, which motion was seconded and adopted without objection. Those present at that time were: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, and Todd (36).

Upon motion duly seconded, the meeting was adjourned to November 4, 2010, at 6:00 p.m.